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Home My WebLink AboutAgenda Packet 01-25-05 · ...., ,ANUARY 21, 200S ..00 AM BOARD OF COUNTY COMMISSIONERS AGENDA REVISED ./24/OS WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asl:?s anyone wishing to speab 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 asb for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speabing clearly into the microphone. If you have bacbup 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 worbshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worbshops. 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-Iucie.fl.us '-" Frannie Hutchinson, Chairman Dou, Coward, Vice Chairman 'oseph E. Smith Paula A. lewis Chris Craft District No.4 District NO.2 District No. I District No. . District No. S 'anuar. 21, 200S ..00 A.M. Invocation Pled,e of Alle,lance I. ~ MINUTES ~~\~,Q Approve the minutes of the meeting held on Januœy 18. 2005. 2e PROCLAMATIONS/PRESENTATIONS Reading of the announcements by the County Administrator Ie GENERAL PUBLIC COMMENT 4. CONSENT AGENDA c2l COYl'5C f) + Afp(wrecl 5- Ó _.c . .'HTI¡L_~Wr~~(~-w~,"~~ PUBLIC HEARINGS SA. GROWTH MANAGEMENT 1r:v·' ('. Consider Draft Ordinance No. 05-003 (formerly No. 04-012), the St. Lucie County Historic Preservation ðWo..,i Ordinance. This is the first of two required public hearings to consider adoption of the St. Lucie County Historic r- Preservation Ordinance - No action recommended at this time. A second and final public hearing to consider adoption of the St. Lucie County Historic Preservation Ordinance will be held on February 15, 2005 at 6:00 p.m. 6. END OF PUBLIC HEARINGS ìYlQ~;(M tòhcw(.. ~G~ Me~V\.lDerl:- Y) (QMf\'\·,\\--e~. Að WD~ - Wee::... µ.Q.'VI.~Q.'- w\ ~ \'\Gult (\c vote. . Staff requests that the Board review the resolution forming the Fort Pierce Harbor Advisory Committee and provide direction if changes are required - Consider staff recommendation to review Resolution No. 99-102 ~nd provide directkm if c~~ges are required. CG. AtIorl1£^' +G í\ìc,k t cI.ìC¡!Il~lS Ono (e(i4tt\~t1 -tJ (" H~ ¡\('¡L.,.j- l~ ~\k . Clne\ ¿Jd Qx. ()t.q cO -h Hl'. ke~olùh n OhCA 4&0'\ yeql-tesfcq(lkahl1fSJ CENTRAL 'ERVlêa U J ' .- ADMINISTRATION 7. Approval to use property solutions for installation of temporary roofing on civic center due to hurricane damage - Consider staff recommendation to approve Property Solutions for the installation of temporary roofing on the Civic Center. Property Solutions will supply and install a 40 mil Durolast roofing system at a cost of $152,900.00. R ../ / \ ) . \' P \ Je- h- J(£/ S JJ/ Ke, tV\ \ . en :+ ~ D ~ /j/J 'Phi \l;'p 'sk,~krQ5 Regular A,enda 'anuar. 21, 200S Pa.e Two '-" "'" a. ADMINISTRATION Code Enforcement Board at-large appointments - Consider staff recommendation to select two appointees from the candidates submitted to fill the two vacant Board at-large appointments. ,~Gel. &/ 3\ \( Q (I.í'- Q ~\GV '-' ...." CONSENT AGENDA I. WARRANTS Approve warrant list No. 17 2e COUNTY AnORNEY A. Resolution No. 05-043 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-044 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-043 and Resolution No. 05-044 and authorize the Chairman to sign the Resolutions. B. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Construction Easement - Engler - Tax I.D. No. 2429-441-0003-000/9 - Parcel 722 - Consider staff recommendation to accept the Temporary Construction Easement, authorize the Chairman to sign Resolution No. 05- 042 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. Request Permission to advertise - Notice of Public Hearing - Petition for Abandonment - Portion of Hawthorne Road, San Lucie Plaza - Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on February 15, 2005 at 6:00 p.m. or as soon thereafter as possible. D. Florida Communities Trust - Ten Mile Creeb East I FCT Project 02-056-FF2 - Grant Award Agreement - Consider staff recommendation to approve the Grant Award Agreement, authorize the Chairman to execute the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. Ie PUBLIC 'AFEIY A. Request to accept the State Homeland Security Grant and approve Budget Resolution No. 05-034 in the amount of $159,116.00 - Consider staff recommendation to accept the grant in the amount of $159,116.00 and authorize the Chairman to sign Resolution No. 05-034. B. Request to accept the Memorandum of Understanding between the Florida Department of Community Affairs and the St. Lucie County BOCC and approve the amount $68,064.83 for the State to purchase a tow vehicle - Consider staff recommendation to allow the State to accept the amount of $68,064.83 for the purchase of a tow vehicle by the State and authorize the Chairman to sign. Vehicle will be delivered and turned over to the Emergency Operations Center and added to the asset list. C. Resolution No. 05-039 approving Emergency Management Services (EMS) Grant from the State of Florida Health Department in the amount of $158,166.50 - Consider staff recommendation to approve Resolution #05-039 for the Emergency Management Services Grant in the amount of $158,166.50 and authorize the Chairman to sign. 4. PARK' AND RECREATION A. St. Lucie County Fairgrounds FFA Building Fire Suppression System - Consider staff recommendation to approve the lowest, responsible bidder at a cost of $2,100.00 for the installation of the fire suppression system in the FFA Building located at the St. Lucie County Fairgrounds. B. City of Port St. Lucie Request - South County Stadium - Consider staff recommendation to approve the City of Port St. Lucie's request to utilize the fenced "bus parbing area" of the South County Regional Stadium on June 25, 2005 and sale of alcoholic beverages at their concessions. Consent Agenda 'anuar. 21, 2001 Pa,eTwo '-" ...., s. GROWTH MANAGEMENT A. Cancellation of all Board approved incentives (JetG), Resolutions (03-43), and contracts between St. Lucie County and LanShe Aerospace, LLC. Consider staff recommendation that the Board cancel all forms of incentives, Resolutions, and Contracts currently between St. Lucie County and LanShe Aerospace, LLC, and authorize staff to forward a letter to OTTED to cancel the QTI. B. Request of James A. Fowler, P.S.M., for final plat approval for the project to be bnown as Trowbridge Labes Subdivision. This project is located on the west side of Trowbridge Road, approximately one mile south of Orange Avenue in the AG-5 (Agricultural - 1 du/5 acres) Zoning District. The project consists of three residential lots - Consider staff recommendation to approve the final plat of Trowbridge Labes SID and authorize its final execution. 6. COMMUNITY'ERVICES Acceptance of $500,000.00 Home Again, FHFC Disaster Relief HOME Assistance Program Contract - Consider staff recommendation to accept the grant contract and authorize the Chair to sign all relevant documents. 7. MANAGEMENT AND BUDGET Adopt Budget Resolution 05-041 in the amount of $10,365,706.00 to establish a budget for the extended portion of the Parbs Referendum line of credit - Consider staff recommendation to approve Budget Resolution No. 05-041 to establish a budget for the extended portion of the Parl:?s Referendum line of credit. I. CULTURAL AFFAIRS /(. Jl ii1\\ ~A. /~ B. Cultural Affairs Council Annual Grant Agreement - Consider staff recommendation to approve the grant agreement and authorize the Chairman to sign the grant agreement allowing funds to be transferred to the Cultural Affairs Council. Navy SEAL Museum utilities - Consider staff recommendation that $9,000.00 be transferred from Tourist Development Division's Landfill Billboard Promotional Account #001-5210-548060-7132 to fund a new Navy SEAL Museum utilities budget line #001-7911-543000-700 to be established by the Office of Management and Budget and the Cultural Affairs Department will be responsible for the payment of the utilities bills for the Navy SEAL Museum for the balance of fiscal year 2004-2005. .. PUBLIC WORKS A. Request approval from the Board of County Commissioners for Equipment Requests EQ-282 through EQ-288 and Budget Amendment number 05-120 - Consider staff recommendation to approve Equipment Requests EQ-282 through EQ-288 and Budget Amendment number 05-120 for building permitting expansion. B. Request title change only from Zoning Supervisor to Permitting Supervisor - Consider staff recommendation to approve the title change and position request number RC05-011. Consent Agenda '_uar. 21, 200S Pa,e Three ~ ""'" 10. PURCHASING A. Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricane Frances/Jeanne - Consider staff recommendation that the Board: (1) Ratify the County Administrator's Order effective September 3, 2004 at 5:00 p.m. and September 24, 2004 at 9:00 a.m., (2) Approve the waiver of sealed bids as a result of the declared emergency, (3) Ratify the County Administrator's approval of the list of emergency purchases orders, credit card purchases, and authorize the Chairman to sign contracts as prepared by the County Attomey. B. Assignment of Agreement for Contract No. C98-12-185 with Sevem Trent-Avatar Utility Services, LLC to Severn Trent Environmental Services, Inc. for operation, maintenance, and management services for St. Lucie County water, wastewater, and reclaimed water facilities. C. Permission to Advertise an Invitation for Bid (IFB) for Window Cleaning Services - Consider staff recommendation to approve permission to advertise an Invitation for Bid (lFB) for Window Cleaning Services. D. Award of RFP #05-011, St. Lucie County Research and Educational Parb Development of a ParR Master Plan - Consider staff recommendation to approve of all five (5) proposals for the shortlist and permission to negotiate with the top ran bed firm EDSA and to bring bacb the contract for Board approval. E. Bid Waiver and sole source declaration for the purchase of two (2) Model #930G Wheel Loaders with a Solid waste pacbage for the Public Worbs Department, Solid Waste Division. - Consider staff recommendation to approve the bid waiver and sole source declaration for the purchase of two (2) model #930G Wheel Loaders with a solid waste pacbage EO #05-264 and EO #05-265 to Kelly Tractor for a total amount of $353,323.38 '-" ~ ....." ...~ mfR:. ANNOUNCEMENTS ,ANUARY 21, 200S , 1. The Cultural Affairs Council will be sponsoring a bus daytrip to the Zora Neal Hurston Festival in Eatonville Florida on Friday, January 28th and again on Saturday, January 29th. For details and reservations, please contact Vicbi Straeffer of the Cultural Affairs office at 462-1767. 2. The Board of County Commissioners will hold a worbshop to discuss growth issues with Indian River County on Monday, January 31, 2005 from 9:00 a.m. to 11:00 a.m. at the Richardson Center, located at the Indian River Community College Mueller Campus, 6155 College Lane, Vero Beach. 3. The Board of County Commissioners will hold a worbshop to discuss Real Estate Transfer Tax on Tuesday, February 1, 2005 at 2:00 p.m. in the County Commission Chambers. 4. The St. Lucie County Historical Museum at 414 Seaway Drive in Ft. Pierce will host an opening for the Livingston "Castro" Roberts art exhibit on February 4, 2005 from 5:30 p.m. to 8:00 p.m. Roberts was one of the original Indian River School of Landscape painters, popularly bnown as the Highwaymen. The reception will immediately follow the dedication ceremony of a grave-top mosaic by local artist Anita Prentice at Roberts' tomb in the Pine Grove Cemetery, which will tabe place at 4 pm on Feb. 4. For more information, contact Vicbi Straeffer of the Cultural Affairs office at 462-1767. 5. The Board of County Commissioners will hold a Strategic Planning Session on February 17, 2005 from 8:00 a.m. to 5:00 p.m. at the IRCC/FAU St. Lucie West Campus in the Schreiber Center, 500 NW California Blvd., Port St. Lucie. 6. The Board of County Commissioners will hold a Worbshop to discuss the findings of the Final Presentation of the Criminal Justice System Assessment on Thursday, February 24, 2005 from 1:30 p.m. to 5:00 p.m. in Conference Room #3. 7. The 40th Annual St. Lucie County Fair will begin on Friday, February 25, 2005 and run through Sunday, March 6, 2005 at the St. Lucie County Fairgrounds. 8. The opening day for spring training home games for the New Vorb Mets at the Tradition Field will be on March 3rc1 at 7:10 p.m. versus the St. Louis Cardinals. 9. The Board of County Commissioners will hold a Public Hearing on the Treasure Coast Land Clearing/Treasure Coast Tractor conditional use permit review on Friday, March 18, 2005 at 2:00 p.m. in the County Commission Chambers. 10. The Board of County Commissioners will hold a Joint Meeting with the City of Fort Pierce, the Fort Pierce Utility Board and the South Florida Water Management District on Friday, March 18, 2005 from 2:00 p.m. to 5:00 p.m. in the County Commission Chambers. '-' ...., .. c.Jt...-....- Paula A. lewis, Chairman 'oseph E. Smith, Vice Chairman Dou, Coward Frannie Hutchinson Chris Craft District No. . District No. I District No.2 District No. 4 District No. II AGENDA 'an... 21, 200S I. MINUTE' Approve the minutes from the meeting held on January 11, 2005. 2e GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 15 and 16. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tatæn 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 mode. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (m) 462-1TT7 or TDD trn) 462-1428 at least folty-eight (48) hours prior to the meeting. '-' """'" nn" .. -- ......C1MIIMI Frannie Hutchinson, Chairman Chris Craft, Vice Chairman 'oseph E. Smith Dou, Coward Paula A. Lewis District No.4 District No. 1 District No. I District No. :I District No.1 AGENDA 'anuar. 21, 2001 I. MINUTES Approve the minutes from the meeting held on January 11, 2005. 2e GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 15 and 16. 2e PUBLIC WORKS - EROSION 1710 Shoreline Stabilization at North Causeway Island: Approve Change Order No.1, release of retainage, and final payment to SKS Engineering, Inc. in the amount of $41,668.06 - Consider staff recommendation to approve 1) Change Order No.1 (increasing the contract time by 21 days), 2) release of retainage ($16,477.06), and 3) final payment No.4 ($25,191.40) to SKS Engineering & Planning, Inc. (totaling $41,668.46), contingent on approval of the release of liens by the County Attomey. NOTICE: All Proceedings before this Board are electronically recorded. Any penon who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom In. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1m or TDD (772) 462-1428 at least fo~ight (48) houn prior to the meeting. -....I ,ANUARY 21, 2001 ..00 AM BOARD OF COUNTY COMMISSIONERS AGENDA REVI'ED 1/24/OS WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asl:?s anyone wishing to speab 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 asb for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speabing clearly into the microphone. If you have bacbup 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 worbshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worbshops. 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 COUNn COMMISSIONERS www.co.st-Iucie.fl.us ~ Frannie Hutchinson, Chairman Dou, Coward, Vice Chairman 'oseph E. Smith Paula A. Lewis Chris Craft District No.4 District No. 2 District No. I District No. . District No. 1 'anuar. 21, 2001 ..00 A.M. Invocation Pled.e .f Alle,lance I. MINUTE' Approve the minutes of the meeting held on January 18, 2005. 2e PROCLAMATIONS/PRESENTATIONS Reading of the announcements by the County Administrator Ie GENERAL PUBLIC COMMENT 4. CON'ENT AGENDA PUBLIC HEARINGS IA. GROWTH MANAGEMENT Consider Draft Ordinance No. 05-003 (formerly No. 04-012), the St. Lucie County Historic Preservation Ordinance. This is the first of two required public hearings to consider adoption of the St. Lucie County Historic Preservation Ordinance - No action recommended at this time. A second and final public hearing to consider adoption of the St. Lucie County Historic Preservation Ordinance will be held on February 15, 2005 at 6:00 p.m. .1ú I"'~~ß,') ~ 1_ ¡)~J4¿'~~ Ii:. ~D OF pa8UC HUIIlticU . . . 1- . ADMINISlRATIONtrdc..c. ro ~6nvð -- e---,~ fiJ /O/O~- ,/\/0 Vp r; J ¡120~ Staff requests that the Board review the resolution forming the Fort Pierce Harbdf Advisory Committee and provide direction if changes are required - Consider staff recommendation to review Resolution No. 99-102 and provide direction if changes are required. 7. CENTRAL 'ERVICE' Approval to use property solutions for installation of temporary roofing on civic center due to hurricane damage - Consider staff recommendation to approve Property Solutions for the installation of temporary roofing on the Civic Center. Property Solutions will supply and install a 40 mil Durolast roofing system at a cost of $152,900.00. Regular A,enda 'anuar. 21, 2005 Pa,eTwo ~ "'" .. ADMINISTRATION Code Enforcement Board at-large appointments - Consider staff recommendation to select two appointees from the candidates submitted to fill the two vacant Board at-large appointments. ~ -.J CONSENT AGENDA -1" I. WARRANTS Approve warrant list No. 17 2e COUNTY AnORNEY A. Resolution No. 05-043 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-044 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-043 and Resolution No. 05-044 and authorize the Chairman to sign the Resolutions. B. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Construction Easement - Engler - Tax J.D. No. 2429-441-0003-000/9 - Parcel 722 - Consider staff recommendation to accept the Temporary Construction Easement, authorize the Chairman to sign Resolution No. 05- 042 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. Request Permission to advertise - Notice of Public Hearing - Petition for Abandonment - Portion of Hawthome Road, San Lucie Plaza - Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on February 15, 2005 at 6:00 p.m. or as soon thereafter as possible. D. Florida Communities Trust - Ten Mile Creeb East / FCT Project 02-056-FF2 - Grant Award Agreement - Consider staff recommendation to approve the Grant Award Agreement, authorize the Chairman to execute the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. Ie PUBLIC SAFETY A. Request to accept the State Homeland Security Grant and approve Budget Resolution No. 05-034 in the amount of $159,116.00 - Consider staff recommendation to accept the grant in the amount of $159,116.00 and authorize the Chairman to sign Resolution No. 05-034. B. Request to accept the Memorandum of Understanding between the Florida Department of Community Affairs and the St. Lucie County BOCC and approve the amount $68,064.83 for the State to purchase a tow vehicle - Consider staff recommendation to allow the State to accept the amount of $68,064.83 for the purchase of a tow vehicle by the State and authorize the Chairman to sign. Vehicle will be delivered and tumed over to the Emergency Operations Center and added to the asset list. C. Resolution No. 05-039 approving Emergency Management Services (EMS) Grant from the State of Florida Health Department in the amount of $158,166.50 - Consider staff recommendation to approve Resolution #05-039 for the Emergency Management Services Grant in the amount of $158,166.50 and authorize the Chairman to sign. 4. PARK' AND RECREATION A. St. Lucie County Fairgrounds FFA Building Fire Suppression System - Consider staff recommendation to approve the lowest, responsible bidder at a cost of $2,100.00 for the installation of the fire suppression system in the FFA Building located at the St. Lucie County Fairgrounds. B. City of Port St. Lucie Request - South County Stadium - Consider staff recommendation to approve the City of Port St. Lucie's request to utilize the fenced "bus parbing area" of the South County Regional Stadium on June 25, 2005 and sale of alcoholic beverages at their concessions. Consent Agenda 'anuar. 21, 2001 Pa'eT.... '-" -.....I s. GROWTH MANAGEMENT A. Cancellation of all Board approved incentives (JGIG), Resolutions (03-43), and contracts between St. Lucie County and LanShe Aerospace, LLC. Consider staff recommendation that the Board cancel all forms of incentives, Resolutions, and Contracts currently between St. Lucie County and LanShe Aerospace, LLC, and authorize staff to forward a letter to OTTED to cancel the QTI. B. Request of James A. Fowler, P.S.M., for final plat approval for the project to be bnown as Trowbridge Labes Subdivision. This project is located on the west side of Trowbridge Road, approximately one mile south of Orange Avenue in the ACì-5 (Agricultural - 1 du/5 acres) Zoning District. The project consists of three residential lots - Consider staff recommendation to approve the final plat of Trowbridge Labes SID and authorize its final execution. 6. COMMUNITY SERVICES Acceptance of $500,000.00 Home Again, FHFC Disaster Relief HOME Assistance Program Contract - Consider staff recommendation to accept the grant contract and authorize the Chair to sign all relevant documents. 7. MANAGEMENT AND BUDGET Adopt Budget Resolution 05-041 in the amount of $10,365,706.00 to establish a budget for the extended portion of the Parbs Referendum line of credit - Consider staff recommendation to approve Budget Resolution No. 05-041 to establish a budget for the extended portion of the Parbs Referendum line of credit. a. CULTURAL AFFAIRS ßiÞ Cultural Affairs Council Annual Grant Agreement - Consider staff recommendation to approve the grant agreement and authorize the Chairman to sign the grant agreement allowing funds to be transferred to the Cultural Affairs Council. B. Navy SEAL Museum utilities - Consider staff recommendation that $9,000.00 be transferred from Tourist Development Division's Landfill Billboard Promotional Account #001-5210-548060-7132 to fund a new Navy SEAL Museum utilities budget line #001-7911-543000-700 to be established by the Office of Management and Budget and the Cultural Affairs Department will be responsible for the payment of the utilities bills for the Navy SEAL Museum for the balance of fiscal year 2004-2005. .. PUBLIC WORK' A. Request approval from the Board of County Commissioners for Equipment Requests EQ-282 through EQ-288 and Budget Amendment number 05-120 - Consider staff recommendation to approve Equipment Requests EQ-282 through EQ-288 and Budget Amendment number 05-120 for building permitting expansion. B. Request title change only from Zoning Supervisor to Permitting Supervisor - Consider staff recommendation to approve the title change and position request number RC05-011. Consent Agenda 'anuar. 21, 200S Pa,e Three '-" """" 10. PURCHA'ING A. Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricane Frances/Jeanne - Consider staff recommendation that the Board: (1) Ratify the County Administrator's Order effective September 3, 2004 at 5:00 p.m. and September 24, 2004 at 9:00 a.m., (2) Approve the waiver of sealed bids as a result of the declared emergency, (3) Ratify the County Administrator's approval of the list of emergency purchases orders, credit card purchases, and authorize the Chairman to sign contracts as prepared by the County Attomey. B. Assignment of Agreement for Contract No. C98-12-185 with Sevem Trent-Avatar Utility Services, LLC to Sevem Trent Environmental Services, Inc. for operation, maintenance, and management services for St. Lucie County water, wastewater, and reclaimed water facilities. C. Permission to Advertise an Invitation for Bid (lFB) for Window Cleaning Services - Consider staff recommendation to approve permission to advertise an Invitation for Bid (IFB) for Window Cleaning Services. D. Award of RFP #05-011, St. Lucie County Research and Educational Parb Development of a ParR Master Plan - Consider staff recommendation to approve of all five (5) proposals for the shortlist and permission to negotiate with the top ran bed firm EDSA and to bring bacb the contract for Board approval. E. Bid Waiver and sole source declaration for the purchase of two (2) Model #930G Wheel Loaders with a Solid waste pacbage for the Public WorRs Department, Solid Waste Division. - Consider staff recommendation to approve the bid waiver and sole source declaration for the purchase of two (2) model #930G Wheel Loaders with a solid waste pacbage EO #05-264 and EO #05-265 to Kelly Tractor for a total amount of $353,323.38 1[ In m~""" ~ '>mil ANNOUNCEMENTS ,ANUARY 21, 200S ~ 1. The Cultural Affairs Council will be sponsoring a bus daytrip to the Zora Neal Hurston Festival in Eatonville Florida on Friday, January 28th and again on Saturday, January 29th. For details and reservations, please contact Vicbi Straeffer of the Cultural Affairs office at 462-1767. 2. The Board of County Commissioners will hold a worbshop to discuss growth issues with Indian River County on Monday, January 31, 2005 from 9:00 a.m. to 11:00 a.m. at the Richardson Center, located at the Indian River Community College Mueller Campus, 6155 College Lane, Vero Beach. 3. The Board of County Commissioners will hold a worbshop to discuss Real Estate Transfer Tax on Tuesday, February 1, 2005 at 2:00 p.m. in the County Commission Chambers. 4. The St. Lucie County Historical Museum at 414 Seaway Drive in Ft. Pierce will host an opening for the Livingston "Castro" Roberts art exhibit on February 4, 2005 from 5:30 p.m. to 8:00 p.m. Roberts was one of the original Indian River School of Landscape painters, popularly bnown as the Highwaymen. The reception will immediately follow the dedication ceremony of a grave-top mosaic by local artist Anita Prentice at Roberts' tomb in the Pine Grove Cemetery, which will tabe place at 4 pm on Feb. 4. For more information, contact Vicbi Straeffer of the Cultural Affairs office at 462-1767. 5. The Board of County Commissioners will hold a Strategic Planning Session on February 17, 2005 from 8:00 a.m. to 5:00 p.m. at the IRCC/FAU St. Lucie West Campus in the Schreiber Center, 500 NW California Blvd., Port St. Lucie. 6. The Board of County Commissioners will hold a Worbshop to discuss the findings of the Final Presentation of the Criminal Justice System Assessme. nt o~ Thursday. ' February 24, 2005 from 1:30 p.m. to 5:00 p.m. in Conference Room #3. /~? I ð j"p,(J Z- 7. The 40th Annual St. Lucie County Fair will begin on Friday, February 25, 2005 and run through Sunday, March 6, 2005 at the St. Lucie County Fairgrounds. 8. The opening day for spring training home games for the New Yorb Mets at the Tradition Field will be on March 3rd at 7:10 p.m. versus the St. Louis Cardinals. 9. The Board of County Commissioners will hold a Public Hearing on the Treasure Coast land Clearing/Treasure Coast Tractor conditional use permit review on Friday, March 18, 2005 at 2:00 p.m. in the County Commission Chambers. 10. The Board of County Commissioners will hold a Joint Meeting with the City of Fort Pierce, the Fort Pierce Utility Board and the South Florida Water Management District on Friday, March 18, 2005 from 2:00 p.m. to 5:00 p.m. in the County Commission Chambers. '-' ;...,j v~ --........ --- ;; Paula A. Lewis, Chairman 'oseph E. Smith, Vice Chairman Dou, C.....rd Frannie Hutchinson Chris Craft District No. . District No. I District No. :I District No.4 District No.1 AGENDA 'anuar. 21, 2001 I. MINUTES Approve the minutes from the meeting held on January 11, 2005. 2e GENERAL PUBLIC COMMENT CON'ENT AGENDA I. WARRANTS LIST Approve Warrants List No. 15 and 16. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tallen by the Board at these meetings will need a record of the proceedings and for such purpose may need to emure that a verbatim record of the proceedings Is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom In. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (m) 462-1777 or TDD c:rn) 462-1428 at least forty-elght (48) hours prior to the meeting. '-' ....J - I lIT ..-.......-----.rat Frannie Hutchinson, Chairman Chris Craft, Vice Chairman 'oseph E. Smith Dou, Coward Paula A. Lewis District No.4 District No.1 District No. I District No. 2 District No. I AGENDA 'anuar.2I,2_1 I. MINUTES Approve the minutes from the meeting held on January 11, 2005. 2e GENERAL PUBLIC COMMENT CON'ENT AGENDA I. WARRANTS LIST Approve Warrants List No. 15 and 16. 2e PUBLIC WORK' - EROSION 1710 Shoreline Stabilization at North Causeway Island: Approve Change Order No.1, release of retainage, and final payment to SKS Engineering, Inc. in the amount of $41,668.06 - Consider staff recommendation to approve 1) Change Order No.1 (increasing the contract time by 21 days), 2) release of retainage ($16,477.06), and 3) final payment No.4 ($25,191.40) to SKS Engineering & Planning, Inc. (totaling $41,668.46), contingent on approval of the release of liens by the County Attomey. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is made. Upon the request of any party to the proceedings, Individuals testifying during a hearing will be sworn In. Any party to the proceedings will be gronted 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 (:TT2) 462-rm or TDD (m) 462-1428 at least forty-elght (48) hours prior to the meeting. RAt. ADMINISTRATION øJ)\ rJ'¡j~ BOARD OF COUNty COMMI"IONER~~· A {(lò ADDITIONS AGINDA '\¡ fr,t[ h ,ANUARY 21, ZOOI , ~. / ~t/ ,. ì) 0 I oV; ~ ~tfl~ . """" REGULAR AGENDA Request for the Board to authorize staff to re e tents placed at the jail, until needed, direct staff not to open Pod 2 when mplete, not retrofit Dorm A-1, and authorize staff and the Sheriffs Office to neg tiate with the U.S. Marshal's office to house federal inmates in Pod 1 at the jail - nsider staff recommendation to staff to remove tents placed at the jail until needed. ot to retrofit Dorm A-1, direct staff not to t open Pod 2 when complete, and authorize staff and the Sheriffs Office to negotiate with U.S. Marshal's Service to house federal inmates in Pod 1 at the jail. CONS EN' AGENDA CAt. ADMINISTRATION Purchase of two computers - One each (in the amount of $1,286.00) for new Assistant County Administrator and Strategic and Special Projects Director - Consider staff recommendation to approve EQ#05-290 and EQ#05-291 and transfer of funds BA#05-123 in the amount of $2,572.00 to purchase two computers for the new Assistant County Administrator and Strategy and Special Projects Director. <~ ;) ~ NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462- 1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. w 'wi BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: .I;\11l1ary I X,2))) Tape: 1-5 ('onvened: ú:()() p.m. Adjourned: II :35 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Chris Cran, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Fay Outlaw, Asst. County Administrator, Dan Mclntyre, County Attorney, Don West, Public Works Director, Randy Stevenson, Asst. Growth Management Director, Paul Phillips, Airport Director, Roger Shinn, Central Services Director, Ed Cox, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-027) It was moved by COI11. Smith, seconded by Com. Coward, to approve the minutes or tlw mœling held January 11, 2005; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENT A nON The County Administrator read upcoming events and schedule meetings. 3. GENERAL PUBLIC COMMENTS (1-1119) Mr. Chris Humphreys, area resident, addressed the Board regarding the loud music coming the Skatetown. Com. Smith addressed the issue after visiting the home ofMr. Humphrey. He stated it was an issue of loud base noise being heard and Celt by Mr. Humphrey. The County Attorney reviewed the history orthe noise ordinance. The revised ordinance sets standards at decibel levels as well as vibration levels. Mr. Ilumphrey stated the existing noise ordinance is not working as it should. The ('ounty Allorney stated he wOllld review the standards and also review the standards or the surrounding cOllnties ;l\1d get hack to the Hoard with the results. Mr. Paul Schall, PI. Pierce resident, addressed the Board in support of the Indian River Drive restoration project. Mr. John Aren;¡, Ft. Pierce resident, eonll11ented on the televising or the B( 'C meetings ;\I1d asked why the meetings are not broadcasted as orten when they have long discussions on development issues. 4. CONSENT AGENDA (1-600) It was moved by COI11. Coward, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. I. WARRANT LIST The Hoard ;1JJmvcd W;Irr;II11 I,isl No. I (). 2. COUNTY ATTORNEY 01/17 ;05 FZ:A3;'¡ARR FU1:J 001 0012.42 00114 6 001160 001165 001168 001170 001293 001294 001814 101 101001 101002 101003 101006 102 102J01 105 107 10/001 10í002 10í003 115 11S 140 140201 14C326 14C333 l6C 17C 183 183001 183002 183003 183004 183006 18·i :;03 18·i :;05 18~805 185005 310003 315 316 316001 382 401 ....." ST. LUCIE COUNTY - BOARD .. - WARRANT LIST #16- OB-JAN-2005 TO 14-JAN-2005 FUND SUMMARY TITLE I._,'i General Fund FTA Section 5303 Grant FY01/02 FTA USC Section 5307 FY03 Section 112/MPO/Planning FY 04/05 CSBG Grant FY05 Urban Mobile Irrigation Lab 04/05 Cert FY 04 Grant TDC Planning Grant FY 05 FDCA/EMPA 2005 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Granta Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wirelollu Sur Fine & Forfeiture Fund-E9ll Surchar Fine & Forfeiture Fund-BOO Mhz Oper Sheraton Plaza Fund Paradise Park Fund Parks MSTU Fund SLC Public Tranoit MSTU Port & Airport Fund Port Fund FDOT Rehabilitate Airfield Lighting Rehab Airfield Pavement Markings Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund Ft. piorce Doach RODtoration FDEP Fort piorce Shore Protection P FIND Shoreline Stabilization for N FHFA SHIP FY04/05 Impact Fees-Public Buildings County Building Fund County Capital Transportation Capital Environmental Land Capital Fund Sanitary Landfill Fund EXPENSES 483,304.81 35.29 13,480.00 580.10 113.85 97.72 6,000.00 64.82 474.90 100.36 96,534.11 514 .39 145,716.48 50,844.62 12,888.29 12,168.36 2,324.39 1,940.32 60.091. 81 5,069.60 11,039.52 12,709.58 466.53 653.12 131,493.10 160.80 19,224.63 725.81 3,685.90 7,535.00 3,710.72 376.34 6,139.62 170.94 100.00 150.00 222.13 461.89 1,679.59 6,'161.62 1,679.59 160.82 6,510.86 278.55 223,117.82 3,300.00 639.44 129,443.62 >...,I PAGE PAYROLL 543,744.50 468.66 0.00 3,618.73 1,530.46 1,312.01 0.00 881.05 0.00 1,312.01 123,382.90 0.00 0.00 0.00 0.00 56,833.58 4,443.17 1,673.23 100,741.48 911.81 2,254.80 0.00 0.00 0.00 0.00 2,078.32 10,171.95 0.00 0.00 0.00 2,852.80 4,919.52 0.00 0.00 0.00 0.00 3,049.23 0.00 0.00 0.00 0.00 2,200.91 0.00 0.00 0.00 0.00 0.00 59,753.29 1 01/17/05 ,." "w1I ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #16- 08-JAN-200S TO 14-JAN-200S FUND SUMMARY FUND 418 421 441 448 449 451 458 461 471 478 479 481 491 505 505001 611 625 630 665 TITLE Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund SLC Art in Public Places Trust Fund GRAND TOTAL: 10 EXPENSES 50,358.89 21. 59 70,073.18 11. 64 30.57 41,483.50 2,682.45 1,348,561.01 2,276.44 6.18 929.74 1,436.84 10,223.38 267,099.70 78,151.53 11,286.55 2,094.75 3,095.77 44,750.00 3,399,218.47 PAYROLL 26,283.05 288.03 3,836.31 153.92 402.27 1;714.35 294.56 11,528.66 4,246.17 81.30 368.19 462.91 52,852.73 3,179.56 2,038.71 4,008.58 0.00 0.00 0.00 1,039,876.71 '-" ....",,¡ A. Lennard Road MSBU- Permanent Drainage Easement- Patti Joyce Kane -Resolution No. 05-034 Accepting Pennanent Drainage Easement- The Board approved Resolution No. 05-034. B. Resolution No. 05-035 Extending the State of Emergency for Hurricane Frances; and Resolution 05-036 Hurricane Jeanne- The Board approved Resolution Nos. 05-035 and 05-036. 3. AIRPORT A. Award Hid ()')()()~. to ('olll1l1erci;d FelIce ('olllraclors IlIc. ,1'01' ICIICillg :lIlhe SI. I ,ucie ('oullly InlLll1atiollal Airporl- Tlw Board approved awarding hid 05-00X to Comlllercial Fence COlllraclors ill the amount 0 f $123, <)57. <)2. 13. Award Bid 05-008 to install perimeter fencing at the Lucie County International Airport- The Board approved awarding bid 05-008 for the installation of fencing to Commercial Fence Contractors in the amount of $159,322.92. 4. SHERIFF'S DEPARTMENT Pennission to apply for FDLE/Alcohol Testing Program- Intoxilyzer 8000- Phase III grant- The Board approved the request to apply for the FDLE Intoxilyzer 8000 Phase III grant and authorized the Chairperson to sign the required grant applications documents. 5. GROWTH MANAGEMENT Request of Packers of Indian River ror final plat approval for the project to be known as Packers of Indian River Replat one- The Board approved the final plat of the Packers of Indian River and authorized its final execution. Ú. INFORMATION TEe 'IINOI D(;Y Approval of additional Analyst position, .lob Code 547, Pay Grade 20, to be jointly funded by Mosquito Control District and Public Works Code Compliance Division for the remainder ofFY 2004/05- In FY 2005/06 the Analyst will be fully funded by IT - The Board approved an additional Analyst position PS05-808 in the amount of $43,000 fr0111 the date of hire through September 30,2005. 7. ADMINISTRATION Replacement of existing audio recording devices for BOCC - The Board approved replacement equipment for digital audio recording and archiving, approved Budget Amendment # 05-119 and EQ05- 279, EQ 05-280 and EQ 05-281. 8. CENTRAL SERVICES A. Amendlllenl No. I 10 ('olllract No. C04-04-323 Centex Rooney Schenkel Shultz Design Builders, LC- Rock road Jail Expansion Project- The Board approved Amendmenl No. I to ('olllr;lct No. ('04-04-323 to increase the Direct Owner I'IIr1'h:ISL' I'rol'.ralll hv .'j;')()(),()()() I"nlll1 Ihl' origillal ;1111011111 01" :iì~,()()(),()()(). to :1 Ilew tolal 01" :iì.ì,')()(),()()() ;ll1d :\lllhori/L' the ( 'hair 10 Sigll as prepared hy the ( 'OUllty A II oriley. There will he 110 illcrease ill cosllo the project. B. Change Order No 8 to Contract No. C03-06-452- Administration Building Addition/Barth Construction Inc., - The Board approved Change Order No.8 to Contract No, C03-0()-452 to increase the contract sum in the amount of $3,858.00 and authorized the Chairman to sign the Contract Change Order as prepared by the County Attorney. <). PUBLIC WORKS ) ~ 'wi A. Jenkins Road Emergency Repair- Repair of water/sewer line caused by a subcontractor in County right of way- The Board authorized proceeding with Jenkins Road Emergency Repairs in the amount of$50,000.00 and authorized the Chairman to sign. B. Approval of Work Authorization # 3 with Kimley Horn & Associates for the preparation of Bid Documents for improvements at the intersection of US I & lndrio Road, and permission to advertise fÒr bids- The Board approved Work Authorization # 3 in the amount of$2,<J99,OO and authorized the Chairman to sign thc Work Authorization and granted permission to advertise for bids for this project. REGULAR AGENDA (1-953) 5. PUBLIC HEARINGS A. Grey Twig Lane M.S.B.U.- Second Public Hearing- Potable Water Improvements, PSL Utilities- Consider staff recommendation to adopt Resolution No. 05-007 to levy a non-ad valorem special assessment on the Grey Twig Lane M.S.B.U. approve the attached preliminary assessment roll; approve funding the project through the In- House Revolving Loan Fund, and authorize staff to proceed with construction of the project. It W;IS nlOVL'd h:v ('0111. ('r;tlÌ, secolllkd hy ('om. Sr11ith, 10 adopt Rcsollltion No. 05-007, ;lI1d; IIpon roll call, r110t iorlc;lrried llllaniIllOIlSI)/. H. ;nvironlllcntal Resourccs Division- Considcr Dralì Ordinanœ No. ()5-()07 (IÙrmally known as 04-0(8) amcnding thc St. Lucic County Land Devclopmcnt Codc by amcnding Chapter (¡.OO.OO Vegetation Protection and Preservation to provide for a series of general amendments updating, clarifying and amending the County's Vegetation Protection and Preservation Standards and regulations; and amending Section 11.05.06 Vegetation Removal Permits to provide for clarification of the procedures in regard to the issuance of a Vegetation Removal Permit. Mr. Paul Schall, area resident, addressed the Board and stated he felt the property owners were being charged double when they are required to mitigate for tree removal. Mr. John Donahue, Government Affairs, Chamber of Commerce, addressed the Board in support of the changes. Mr. Eric Haney, area resident addressed the Board and asked they consider, what he understands is a potential appeal for the ag moratorium for building and with the recent Canker spotting in northwest St .Lucie County, that maybe this be a factor and it be considered as something that does not fall into that hlankd nlOraorilllll as he wOIr/d call il ;111 ";1('1 of(ìod", il would he sOlllething to consider in the IÙlllll'. Mr. Jay Macumber lndrio Road, addressed the Board and asked they consider the mitigation people being able to buy other land to provide their mitigation. Some are buying high value land within the Urban Service Boundary and are replacing it with low value land outside the Urban Service Boundary, this can be a real issue. He asked they consider some comparable value in that equation. Mr. Charles Grande, Hutchinson Island, advised the Board of the many large ag property owners had representatives at the meeting and they contributed to the revisions of the ordinance. Com. Craft stated he would still maintain the existing agriculture operations be changed to 5 years. His reasoning being that there is more than enough property in existing grove operations which can be utili/,ed hy developers. lie would like to prohihit existing lands being stripped to put new agricultural ;Ireas in when we havc many citrus grove owncrs looking to sell to dcvelopers. Com. Coward stated he concurred going to the 5 year. The issue is preventing agricultural lands from being stripped of natural land through the exemption clause and then being converted into a non- agriclllturalllse. 3 '-' ....." Con. Coward suggested the five years, but having a clause where the Board has the ability to revisit the issue under a natural disaster. Com. Smith asked if a compromise of 4 years would be agreeable to the Board members. Com. Craft stated we have plenty of agricultural land and there is no need to strip any more land of native vegetation to say that it is for agricultural reasons. ('0111. ('oward staled while agrees with ( '0111. ('ran he wOllld agree to douhle existing exemption Ihm] 2 to 4 ill order to Illove IÖrward. Com. Smith stated he would be amenable to the 4 year recommendation. Com. Hutchinson stated she would prefer to stay with the 3 years as recommended by the Community and its efforts of full year of meetings. Com. Lewis stated she feels the 3 years is reasonable however, she would agree to the 4 years if that seems to be a point where the Board can agree. Com. Cow;ml ;lskcd for more discussion Oil item 11-1 page I ~ regarding the 25°/,) set aside. He stated [hey may he pulling ill extra hurdles which may preclude the county (i'om utilizing this option. Com. Coward stated the would like to come up with a reasonable perimeter that would allow /01' the larger DR I projects to still work with us Oil selling ;1side 25(1., which is the most pre/crahle option. StalTstated the smallest environmentally significant land site is about 50 ;1eres. 1ft the Board would consider 50 acres this seems to be a site that is ecologically functioning. Com. Coward concurred. Com. Lewis requested clarification on this issue and asked ifhe was looking at a habitat preservation clause of less than 15% or 50 acres. Com. Coward asked if the Board felt this was reasonable. The County Attorncy stated the Board may wish to consider adding the words "whichever is less" after the 15% or 50 acres. He also stated regarding the natural disaster clause, the Board may want to see some standard which can be applied uniformly that is straight forward and understood by everyone. He suggested using the standards which are in the land development code for granting a variance which talk about it cannot be a self created hardship and the Board may want to add the words, " a natural disaster". The vari;lIlcc (';lIlIlol illime or h;lI1l1 slllTollnding properties, it Illllst he tlw Illinillllllll v,lri;lIlcc that wOllld 11I;lke re;lsollahk IIse olhe I;IIHI, jl Iw; to hL' (,ollsisklll wilh lhe spiril orlhe ('omp I'lall. IrlhL' Hoard is illclilled 10 move I()rward alld adopt SOllle sort orstalldard that would allow the Board to waive the 4 year or 3 year, he suggested they try to tie this into section 10.01.02 this is the standards for granting variances. The language which can be added is, " The BCC may grant a variance from the 4 year requirement if the applicant demonstrates that a variance is appropriate under the standards of 10.01.02. It was moved by Com. Coward, seconded by Com. Craft, to approve Draft Ordinance No. 05-007 with two specific amendments, the Ag exemption which is 60003 D2 moving the 3 years to 4 and also adding the language outlined by the County Attomey regarding the variance waiver procedure, and on page 13, 3BIA to add to additional flexibility language to read "or 50 acres whichever is less", and; upon roll call. the vote W;IS as fo1\ows: Aye's: Coward, Smith Craft, Lewis; Nay: Hutchinson; motion carried by a \'nll' nr ·110 I. 4 '- ...""" ( 1-24S.ì) ('. (ìrowth Management ('onsider Dran Resolution No. 05-009 approving the petition of Covenant Investment Properties, LLC (Laura R. Sivalia, Agent) far a change in zoning from CN to CO zoning district for property located 1205 West Midway Road. Com. Hutchinson advised the Board that she had received a letter from the White City Improvement Club in support. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 05-009; and upon roll call, motion carried unanimously. RA-1 ADMINISTRATION (1-2765) Resolution No. 05-040- Extension oUhe Maturity Date of/he County's Improvement Revenue Note, Series 2004 (Land Acquisition)- Consider staff recommendation to approve Resolution No. 05-040 as drafted. It was l110ved hy ('om. Crall, secolllled hy ('om. Lewis to ,Ipprove Resolution No. 05-040, and; upon roll call, motion carried unanimously. (1-2808) D. Growth Management - Application of Lennar Homes, Inc., for Preliminary PUD approval for he project known as Bent Creek- Consider approval of Draft Resolution 04-221 which would grant Preliminary PUD approval to the Bent Creek project as amended. COlli. ('ow;ml advised Ihe Board and tIH)Sl' present orhis l'onl;lct with Mr. Waldman as well ;IS the Land Use Attorney, Ms. Angelos. Com. Hutchinson advised the Board and those present of her contact with Ms. Angelos and also the residents of Hartman Road. ('om. I.ewis, ('0111. ('ran and (\1111.. Smith, ;!lso l'onlírmed having cont;lcI with the represent;ltives of the project. Ms. Cynthia Angelos, Attorney for the applicant, addressed the Board. Ms. Angleos stated, Lennar Homes will be dedicating an additional 10 feet to the County which will create a 50 n. beginning of a right of way tar Swain Road should the County in the future decide to utilize Swain Road as an access to Orange Avenue. There is also a 40 ft. landscaped buffer between the project and Sandalwood development. Also the developers are contributing an additional $490 per home above the impact fees to the St. Lucie County School Board, as well as $154.00 per home up and above the impact fees to the Fire District. Ms. Connie Meschu, property owner on Swaine Road asked the Board recognize the fact they own the property on Swain and the north side of White Way Dairy Road. They wish to have on the record that this property would need to he acquired hy the County lì'om them. They are against the closing or White Way I}airy I{(),H since il is Iheir ;ll'Cl'SS 10 Ihe properly. It was moved by COI11. Coward, seconded hy Com. Lewis, to approve Drall Resolution No. 04-221 as amended to include the all weather shelter, the crossing on Peterson Road, the FPUA loop system, the roundabouts, the dedication of the park to the County when asked, the voluntary agreements with the School Board, the Fire District and North St. Lucie River, and; upon roll call, motion carried unanimously. 'i ~ 'wi! (2-620) F Growth Management- Consider Draft Resolution 05-008 granting Preliminary and Final Planned Unit Development Approval and change in zoning from RS-3 and RM- 5 to the PUD- Celebration Pointe for property located at the southwest corner of the intersection of North Jenkins Road and Peterson Road and the conditions contained therein. Mr. Bob Raines, attorney for the petitioner, addressed the Board. Com. Coward advised the Board and those present of his contact with Mr. Raines. COil). Ll:wis, ('om. IlulchillSOIl, ('¡Jill. Smilh ;lI1d ('0111. ('ran all acknowkdgl:d II1l:dillg with thl: representati ve. Com. Coward stated he would like to see this developer work with the other developers in the development of Peterson Road and this has not heen addressed. Mr. Tony Maharis, United Homes stated tlll:Y do not have any problem in working with staff ill construction of the road from Jenkins to their property. Mr. Greg Boggs, Thomas Lucido & Associates, reviewed the project and advised the Board the project does not need to utiJize White Way Dairy Road. Ms. Connie Meschue, 1401 Swaine Road, addressed the Board in opposition to the project. Mr. .Iohn Odom, 1611 Jenkins Road resident, addressed the Board regarding the project and stated he pure hased propert y tn protect hi msel f from dcvclopmcnt and asked if the project could use a different an:a ¡\II' thcir clltrallCC. I k would likl' for (hClll to climillatl' onc of tlll'ir soutlll'l1ll'ntrancl:s to 111l'ir project. Mr. Pat Langel, area resident, addressed the Board and expressed her concern with the traffic the project would generatc. Hc lives at the northwcst cOl1ler ofthc project and asked a 10ft. wall be placed between himsel f and the project. Mr. Cardozza, President United Homes, addressed Mr. Langel's request and stated they proposed 1 story homes in the area. Mr. Tony Maharis, United Homes stated they had adjusted their site plan to have a 250 ft. buffer between their structure and Mr. Langel's home. Mr. Arden Rudd, 1011 S. Jenkins Road resident, asked if a traffic signal would be installed at Jenkins and Peterson Road. Mr. John Donahue, LBF&H, the traffic engineers stated that the current level of service would not be exceeded. They did a signal warrant study at both Orange Avenue and Okeechobee Road. The reports came back both intersections would be functioning properly with this development. The traffic study did indicate that as you arc traveling southhound on Jenkins,a left hand turn lane would he needed at hoth l:lllrallces alld ;IS YOIl hl:;ld Ilorhhotllld Oil .kllkiIlS, a righ( turning lane would he necessary into the SOtlthellll:lltr:lllce of I he devdoplllelll. It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 05-008, to include the additional requests made and obligations the Board asked from the developer regarding Swain and Peterson Roads having minimum standards in place for not only the roadway but also for the pedestrian system (reflecting the agreement where the developer stated they would financially contribute to Peterson Road and at the minimum, the construction for Peterson and Swain would not only be the roadway, but the pedestrian system also ), and; upon roll call, motion carried unanimously. () ~ ~ 6. PUBLIC WORKS Lakewood Park Stom1water Design of Capital Improvements- Consider staff recommendation to approve to negotiate with Hazen & Sawyer Engineers for a proposal to provide design and permitting of Phase 1,2,& :ì ror c:tpital improvements to 1,:lkewood Park Storm water. It W;IS moved by Com. CrarÌ, seconded by ('om. I ,ewis, to approve starr recommendation, and; upon roll call, motion c;lrried unanimously. 7. AIRPORT (3-332) St. Lucie County International Airport Part 150 Study Group Recommendation- Consider staff recommendation to approve the recommendation of the Airport Part 150 Study Group for inclusion in the St. Lucie County lntemational Airport Part 150 Noise Study Update. Ms. Lisa Waters with the MEA Group made the presentation. Com. Coward stated he would like to review the issue further with the Growth Management staff. No action necessary. 8. GROWTH MANAGEMENT (:\-1763) Stair provided a report on the meeting held on Friday, January 14,2005 hetween Waterstone Development and affected residents, The Asst. Growth Management Director reviewed the memo issued by the Asst. County Administrator on January 14,2005 as a summary of the outstanding issues. (see attachment # 1). Mr. Hugh Evans outlined the response to each of the issues. (see attachment # 2) as well as the revisions to the plans. Ms. Susie Caron, 8500 Indrio Road resident, addressed the Board regarding the following issues: 1) illegal berm (mulch) this has been rectified 2) rental issues - residents are opposed to rental of units :ì) resident is proposing a 15 n. solid concrete/block wall all the way to Emerson ( \ )111. ( 'OW;\I"( I sl; IlL'd he wOllld prL'll:r 10 11;1 Vl' 11:1 t ur;tI blln;:r ;IS opposed to :I st ol1e W:l II i I' he lived in the area. Ms. Caron staled it would take:) years 10 lill ill the blllkr with the trees meanwhile they would be able to see the development and they do not wish to see it or hear it. If a hurricane strikes again next year, then they would be back to square one. Com. Cran slaled he believed the developer propoSGd two or three times the vegetation Ms. Caron is speaking of, Mr. Evans stated he did not have a problem raising the fence to 8 f1. ifhe could get a variance so that they could get up to the 14 tlleve1. Com. Craft stated as opposed to a concrete wall, he felt what is being proposed even though 5 years down the line, long term is much better. It will leave a much better finished product. Ms. Caron stated she did not trust what is heing promised. ('0111. Slllilh qlle~;1 iOlled wh;11 Ihe ~;olld hli/l'! wOldd Ille:1I1 10 the developer. Mr. Evans stated structurally the wall is a very expensive project. He is not prepared to answer this question tonight. They will be coming back in February with a full landscaping plan. 7 '-' ....., Com. Coward stated he cannot support abandoning the new existing concept proposed by the developer lor the bu rrer. Com. Crali stated he suggested an ~Ii. fence on top or the 4 Ii. berm which is 3 Ii. shy orwhat Ms. Caron is requcsting in height with additional vegetation. Mr. Evans said they would have to apply for a variance but did not see a problem, they could maintain a 14ft. minimum in the area. Com. Smith stated a wall would give the residcnts a sure height number opposed to not being sure if it will be 12ft., 14ft. or 15ft. Com. Coward assured Ms. Caron that they would not be waiting 5 years since the developer is placing substantial size trees in the area. Tfthe developer does not adhere to the minimum standard, they will continuc to closc the job down. Mr. Frank Stewart, area resident, addressed the Board and stated he would prefer a vegetation and trec buffer opposed to a wall. He also askcd i rthc developer was going to replace the trees on his property that were destroyed. Mr. Evans stated they would be replacing the trees that were destroyed. Mr. Jay Macumber, 8680 lndrio Road resident stated he understood the reluctance of the Com. Coward to construct a wall and suggested a possible combination of a concrete wall and a berm. Com. Coward stated he would work with the developer ifhe was willing to place the money he would spend on a wall towards substantial size trees in the area. Timothy Gillias, Partner/Waterstone project addressed the Board on the design and permitting side of the project and it is not about the money, but the engineering effort it would take to do all the changes and asked the Board to consider their sidc. ('0111. Ilutchinson qucslioned wherl' thl'Y would hc working while the herm is heing constrtlcted. Thc dcvcloper st¡¡lL'd hc would likl' to COlllilllle thc construction ol'thc utilities. They would like 10 propose rulT in the berm and whi Ie that is being done they can work on the Ii Ii stations. lie would like to do a soon run at one time. The developer continued to point out on the map ol'their intent. The County Attorney suggested conceptually approving the plan and directing staff to work with the developer and the residents to bring back a formal modification to the PUD with more specificity landscape plans, profiles, phasing plan that shows the berm will be built first, all the details that are important and in the plan which would leave little doubt. Mrs. Stewart addressed the Board with her concerns with the berm should she decide to build another house or sell a piece of her property. It was moved by Com. Coward, seconded by Com. Craft, to move forward with the conceptual plan to include the modifications as discussed i.e. minimum rence height 14ft, minimum height trees or 12ft., ,lIld lIave IlIe more dctililcd plilll I1roll)',1I1 h:ll'k 10 Ihl' Hoard I()' modiliciltiolls Ihrough ¡he PI I!) process willllhe lllll!crslilllllill)', Ihey arc ill1clllptill!', 10 ilchievc illllillillllllll or 14 n., ,ll1d 111i1Xillliï,C lalldscilpil1g witlllllature trees along the property lil1e :lIld allcll1pt 10 I\:plaee tile dal11t1ged trees to the l11axill1ull1 extent possible, these things would be part orthe conceptual approval which they would expect to see in the formal plans brought back to the Board; The developer asked that this be considered a minor POO modification opposed to having to go through the advertising process again for the PUD amendment and also that the Board address the ability to go back to work. :-: ITL... . ~O. 8 t ~ ì-): ' ' " , .... ....." COUNTY ADMINISTRATION MEMORANDUM 05-06 ____.__.___________._______.._._____.__4________ _____._,.. n_.._h .~___ _ -.._ _._____~_,,___ _." _._~._,. H ._.d.__.__.'__'" FROM: Board of County Commissioners Ray Wazny, Assistant County Administrator i¿l/V-- TO: DATE: January 14, 2005 RE: Waterstone (Emerson Estates) On January 14, 2005 County staff met with the developer of Waterstone and adjacent property owners in an attempt to resolve outstanding concerns. A summary of the outstanding issues are noted below: · A berm height of 50 feet and 200 feet in width was requested. The current developer plans to provide for a perimeter berm between 4 feet to 12 feet high. The height proposed by the developer will vary depending on separation between the property line and homes to be constructed. · In addition to the buildings the developer has agreed to move to provide additional separation between new homes and the adjacent property line, a request was made to move one additional building. · A request was made to move approximately 12 homes from the south of the developer's property line to County owned park land north of the Waterstone development. · A request was made to deed restrict the Waterstone development so that no rental units are permitted. · A request was made to repair a private driveway that may have been flooded because of the development of Waterstone. The Developer agreed to overlay the damaged area of the driveway. · A request was made to repair a grassy area on property adjacent to the development because it may have been damaged by water outfall from the development. · A request was made to explain why the original phasing plan was not being followed. · Drainage at the southeast outfall weir may cause additional erosion. Adjacent property owners asked that the developer address the potential erosion. The Waterstone developer has been asked to address these issues at the January 18, 2005 Board of County Commissioners meeting. ' HLW/jc-05-06 C: Douglas M. Anderson Dan Mcintyre, County Attorney Ed Cox, Growth Management Director Randy Stevenson, Asst. Growth Management Director David Kelly, Planning Manager Dennis Grim, Code Compliance Manager Chris LeStrange, Stormwater Engineer Suzie Caron Mr. & Mrs. Frank Stewart Mr. & Mrs. Macomber Larkin Wright, Fort Macaulay Dev. Consultants Jeff Cadieu, Fort Macaulay Dev. Consultants Timothy C. Jelux, P.E., Fort Macaulay ~, i\tt;;chn;cnt II I '-' ...., MI~MO TO: RAY \V AZNY, ASSISTANT COUNTY ADMINISTRATOR FROM: HUGH M. EVANS, JR. DATE: JANUARY IX, 2()()5 SUB.meT: W ATI(RSTONE ESTATES This 111l:1110 is a writtl:n rl:sponsl: to thl: 111l:1110 of January 14, 2005 to thl: County COl11l11issionl:rs as a result of l11l:ding with County Staff and the three (3) adjacent homeowners. Item #1: IlclIll/':~: Item #3: Item #4: Itl:m 1/5 and #6: Berm height: A berm height of 50' was requested and cannot be established. The space to create that bertn height is not available, Waterstone Development will create a berm height that will vary along the perimeter based on space available to create a 4 to 1 slope on both sides or the berl11. This bl:rn1 height will vary li'ol11 4', which was originally approved by tlw Commission, to 12' in height and will vary depending on the sl:paration bdwcl:n the propl:I'ty I inl: and thc housing units. We will construct the berm in such a manner that will maintain a 4 to 1 slope in the bl:1111 height transitions and will utiliz.e all practical spaec available to crl:ak Ihe hil'.ltest benll possibk ;dollg the southerll perimeter or W;lll'rS(Olll' ;lIlll ill SOllle ;lre;IS III;IY e:-\n:ed I.~· where pr;IL'liL'al. III ;Idditioll. Ihl' lup or (hl' herlll will inilially h;lve a () high lemporary sill serl'cn ;Iml OIKC c0l11pkll'd. will havc ;1 perl11anent (J' high renee to bl: maintaincd hy Ihl: IlolllL'owners ¡\SS\Jl·i;ltioll. Proposcd hOllsillg IIllil rcIOl~;Itioll: III ;llldililJII II) tltl' hllildillgs 11t;lt Wl' ;Igrl'c 10 relocate in our preliminary plan, wc agn:c 10 1110VC an addilional lwo (2) unils 10 create further separation and increase the berm height along the southwestern portion of the property. We have no comment. We were requested to remove an additional twelve (12) homes and relocate them on to the County owned park land to the north of Wa1erslone. This seems unreasonable and imprac1ical. Leasing restriction: A request was made that the deed restrictions of Waterstone prohibit any rentals. We are unable to restrict that no rental units will be 11lTlIliltcd, bllt Wl~ ;Irl' abk to establish a scl or 1',lIilklilles which ;Ire a([;Ichcd. rcslrictillg all rClllals to ;1 l11il1illlll111 or Olll~ (I) ye;lr k;Ise. as wcll as l"l'tlllire IHJtilic;IIiol110 Ihe 11011lCmVIIl'rS ^ssocialiolll)r (Ill' rl~III;¡ or Ihl~ prol()~;ed IllIil. ;lIld cre;llillg o[her eOllll"Ols ;llld restricliol1s Oil Ihe hOllleowllcrs 10 the !c;lsill)', or Iheir I JI"l )lLTI y. Construction damage claim: Mrs, Caron requested that we repair her driveway. She believes her driveway was damaged during the construction of the project Attachment II L pGge 1 '-' ....,¡ and aJleged flooding created by Waterstone. We believe the deterioration of her driveway is due to weal' and tefli' and no damage was caused by the developmcnt of Waterstonc. Wc have agreed to havc our construction manager look at her driveway and wiJl consider an overlay of some portions of the cIri;"'cway at the point WL: arL: paving slreds within tilL: suhdivision. Mrs. (';Iron addilion;lIly dail1ls that the grass in hL:r yard was damaged due 10 stormw;ller rUllolT rrom the development. We beliL:ve this claim to be ullwarranted. Item il7: Phasing question: ^ request was made to explain why the oi'iginal phasing plan was not being 1()llowed. We are constructing the project based on the original phasing plan. We believe it to be prudent to accelerate the construction or the southern area (aner the herm is in plaœ) so Ihat ;111 of Ihe conslrllclion or Ihl" inrr;lslructun: could he done alone liIIH:. II is our illlL'lI(ioll to cOll1pkk all or devclopllll:lIt ;lIollg Ihl~ soulhern houlldary or (he properly ;IS r;lpidly ;IS possihk f())' ohviolls rl"aSOIlS. Hem fig: OutÜtll erosion concern: Our drainage OUlÜlll poinl, in lhe southeast corner of the property, will be redesigned to prevent any potential erosion problems along the north side of Mr. Stewart's driveway. We have asked our engineer to speci fy additional fabric-form (slope stabilization material) around Mr. Stcwarts driveway area lo prevent the potential for erosion in the future. We have met with the three (3) adjoining property owners along the southern boundary of Waterstone over the last several months and have voluntarily addressed the majority of their concerns associated with the development of this project. We have made significant modifications to the development including the relocation of sewer and water lines, the reconlìguration of stormwater systems (some of which are already l'I>llslnlctcd), Ihe rcloL'alion or individll:d IlIlils away r("(>ln the soulhcrJI hOlllldary or the properly, retksi!',11 or Ihe landst.:aping and hlll1i..Tin)', ;dong IhL' sonlhern hOIIlHI;II} or Ihe properly and in mosl caSL~S, doubling tilL: height of' the bertn and f'eIH.:e along lhe southern boundary Jì'OI11 the original approved plans. In addition, we have added additional landscaping in order to enhance the visual barrier along the southern property line. All of these items have been done voluntarily to try to minimize the visual impact of thc development of Waterstonc Estates for the adjoining property owners. We appreciate the Boards', staffs' and property owners continuing efforts to work with this obviously difficult situation, and we believe we have made significant improvements to the initial plan. I<espcct I'll II Y Sllhllli lied, lJugh M. L~vans, .lr. Attachment # 2 page 2 '-" ---' PROPOSED AMENDMENTS TO THE DECLARATION OF COVENANTS ]70R WATERSTONF/EMERSON ESTATES A. Owners would be prohibited from entering into any leases for an initial term of less than 12 months. B. No time share plans are permitted on the property. C. Any Owner who chooses to lease their lot, must first submit the form of lease (which must include an executed covenant by the tenant to abide by all subdivision covenants, restrictions, rules and regulations) and information regarding the tenant to the HOA for approval. The Owner will be charged $100.00 per application. Each application must be signed and include: I. I ':vidl'lH'e of lïl1i\l1l'i¡tlca1i1biliLy 10 PilY 111l' rel1l; 2. Acknowledgement by tenant that they have been provided with copy of the restrictive covenants and will abide by the same; 3. Number of persons to occupy the premises and confirmation that those persons constitute a "single family of related individuals". D. Leasing restrictions will be enforceable by the HOA on any owner and tenant on property within the subdivision. If the tenant violates other restrictive covenants-the HOA could enforce against both the owner and the tenant. Attachment H 2 p~ge 3 '-' '-' The County Attorney stated they would everything they can to not have this come hack unnecessari Iy i r it can be done as a minor they will attcmpt to make sure that happens and also suggested lining the work order. The Contractor addressed the work area where they need to start. Mr. Gillias stated they would like to work on the two lift stations the outfall structure and while this is going on, submit the plans with the details of the berm so that there can be authorization to go ahead and start framing in the benn and create the separation so that they can work the balance of the site. He requested for the purpose of the meeting to put in the two lift stations, the outfall structure until they submit the plans for the berm. Com. Coward asked if they would stay 500ft. from the south property line. Mr. Gillias said this was reasonable except for the outfall. Com. Coward asked the County Administrator be given the ability to issue a stop work order im!L:pemkntly frolll the Board if the developer docs not lìJllow what has heen stated hy the Board. The Contractor asked iFthey were to cease on the berm. The Board instructed the Contractor to cease any work on the berm until all has been finalized. Mr. Evans stated they should be able to put in the plans one day next week. Com. Hutchinson requested the plans also be made available to the residents. It was 1110ved hy COI11. Coward. seconded hy COI11. Cran, to approve in concept the overall plan include some modilicalions as stated, the millillJllll1 height on the fellce or 14n., the trees to he sllhst;lllti;tI in siï.e. IlIillillllllll 12 n., the soon. set hack rrom property lille It)!' all construction with the exeeptioll or one outrall station to the southeast corner and also giving the County Administrator to initiate a stop work order independent or the Board should any violations occur olïtems discussed; Mr. I':valls st;IlL'd he wished to submit thL'I;IIIdseapillg plan It)" review rrolll the architect to s!arralld ir the Board docs not agree it call he challgL'd, otherwise he agrees with all requested hy the Board. And; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Courts <) " ... -- '-' ....., ITEM NO. DATE: RA-1 1/25/05 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( X ) PUBLIC HEARING: ( ) CONSENT: () PRESENTED BY: SUBMITTED BY (DEPT): ADMINISTRATION ," SUBJECT: Request for the Board to authorize staff to remove tents placed at the jail, ntil eded, direct staff not to open Pod 2 when complete, not retrofit Dorm A-1, and authorize staff and the Sheriff's Office to negotiate with the U.S. Marshal's office to house federal inmates in Pod 1 at the jail. BACKGROUND: On April 20, 2004 the Board approved construction of 2 new jail pods to house 576 inmates. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: Please see attached memo. RECOMMENDA TION: Staff recommends that the Board authorize staff to remove tents placed at the jail until needed, not to retrofit Dorm A-1, direct staff not to open Pod 2 when complete, and authorize staff and the Sheriff's Office to negotiate with U.S. Marshal's Service to house federal inmates in Pod 1 at the jail. COMMISSION ACTION: E: . ' tXÄPPROVED 0 DENIED o OTHER: Approved 5-0 Motion: To remove tents until neecjed. 6~ l"'þt.J .ç....r ;;2", r .ft-Jn/..A- 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. H:\RAY\2005\AGENDA\1-25-05 JAIL. DOC '" ...,I COUNTY ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Ray Wazny, Assistant County Administrator á/'/ January 24,2005 DATE: RE: St. Lucie County Jail The Board of County Commissioners authorized staff to purchase tents for use by inmates because of overcrowding at the jail. Tent construction is currently in process. However, the jail population has dropped recently to 1040 inmates and there is no immediate need for their use. Additionally, because of ongoing construction adjacent to the tent housing area staff doesn't recommend their use. Staff recommends that the tents be stored until the Board directs their use at the jail. Dorm A-1 will not be retrofitted resulting in a capital budget savings of $40,000. At the time the Board authorized construction the jail population was at a critical level. Some inmates were transferred temporarily to the Highlands County Jail because of overcrowding. The current jail population is approximately 1040, well below the crisis level when the Board authorized construction of the two new pods. Based on the current lower level of jail occupancy, staff recommends that the Board not open Pod 2. Operating costs will be minimized by not housing inmates in Pod 2 until the Board determines a need exists. We also recommend that the Board authorize staff and the Sheriffs Office to negotiate with U.S. Marshal's Service to house up to 100 federal inmates in Pod 1. If we are able to house 100 federal inmates, the county may receive up to $2.3 million to help offset operating costs. RLW/jc H:\RA Y\2005\AGENDA\1-25-05 JAIL.DOC \ Y '-' ....., ITEM NO. CA1 DATE: January 25.2005 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: PURCHASE OF TWO COMPUTERS - ONE EACH (IN THE AMOUNT OF $1,286) FOR NEW ASSISTANT COUNTY ADMINISTRATOR AND STRATEGY AND SPECIAL PROJECTS DIRECTOR. BACKGROUND: Faye Outlaw, Assistant County Administrator, is currently using the computer for the Grants Writer position, vacated by Jody Bonet. The Grants Writer position has since been filled by Roberta Breene. Therefore, Faye is in need of a computer and the existing computer would then go to Roberta. Roberta is currently using the computer for the vacant Assistant Public Works Director. Funds are available in the Administration Budget for FY 04-05. Michael Brillhart, Strategy and Special Projects Director (S&SP), is currently using a computer in an office located in the Public Works/MSBU Division. He will be moving into the Administration Dept. and is in need of a computer. Funds are available in the S&SP Budget for FY 04-05. FUNDS AVAILABLE: FUNDS ARE AVAILABLE IN: ACCT # 001-1210-531000-100 (ADMIN).... ACCT #001-1530-531000-100 (STRATEGY & SPECIAL PROJECTS) ..1'111 (Funds would then be transferred from 531000 to 564000) 11'111111 PREVIOUS ACTION: N/A RECOMMENDATION: STAFF RECOMMENDS THE BOARD APPROVE EQ#05-290 AND EQ#05-291 AND TRANSFER OF FUNDS BA#05-123 IN THE AMOUNT OF $2,572 TO PURCHASE TWO COMPUTERS FOR THE NEW ASSISTANT COUNTY ADMINISTRATOR AND STRATEGY AND SPECIAL PROJECTS DIRECTOR. ,~' '-' COMMISSION ACTION: ~ APPROVED o OTHER: o DENIED Approved 5-0 º County Attorney: º Originating Dept: º Finance: Check for copy only, if applicable: """" Review and Approvals -º Management and Budget: º Purchasing: º Other: º Other: 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. ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: y ....., Agenda Request 6A 1/25/05 Item Number Date: Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ X ] Quasi-JD [ ] Board of County Commissioners Growth Management Department ~ Presented By ~"'/2W~ ~ Growth Management Director Consider Draft Ordinance No. 05-003 (formerly No. 04-012), the St. Lucie County Historic Preservation Ordinance. This is the first of two required public hearings to consider adoption of the St. Lucie County Historic Preservation Ordinance. Coastal Management Element Objective 7.1.6 requires the implementation and strengthening of regulations to protect and preserve historic resources through adoption of a historic preservation ordinance. The Draft Ordinance fulfills the County's Coastal Management objective and meets the requirements of the Florida Certified Local Government Program. The Draft Ordinance creates the St. Lucie County Register of Historic Places and establishes the Historic Preservation Committee to oversee implementation of the Ordinance in a manner that is consistent with the guidelines established by Draft Ordinance No. 05-003. N/A On June 17, 2004, the Local Planning Agency, by a vote of 6 to 1, recommended approval of Draft Ordinance 04-012, the St. Lucie County Historic Preservation Ordinance. No action at this time. A second and final public hearing to consider adoption of the St. Lucie CounJy Historic Preservation Ordinance will be held on February 15, 2005 atñpm. ~ COMMISSION ACTION: é ,,-l APPROVED C:=J DENIED rx -, OTHER 2~ and final hearing to consider will be held on February 15, adoption of the St. Lucie County 2005 at 6 pm or as soon Historic Preservation Ordinance thereafter as possible. CURRENCE: :JfJ Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordinationl Signatures Mgt. & Budget: Cultural Affairs: Purchasing: Other: '-" """" Board of County Commissioners: January 25, 2005 Ordinance Number 05-003 (formerly 04-012) MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: FROM: DATE: SUBJECT: Draft Historic Preservation Ordinance The Draft St. Lucie County Historic Preservation Ordinance (Draft Ordinance) is proposed for your consideration to address Coastal Management Element Objective 7.1.6 that states "The County shall implement and strengthen regulations that provide for the protection, preservation, or sensitive reuse of historic resources in the coastal area, including the adoption of a historic preservation ordinance by 2002'~ The Draft Ordinance: · Provides guidelines for the formation of a Historic Preservation Committee, a sub- committee to the Historical Commission; · Creates the St. Lucie County Register of Historic Places; · Establishes procedures and criteria for placement on the local register; · Establishes a process and standards for reviewing alterations or improvements to historic buildings and archaeological sites; · Requires assigning a staff member as the Historic Preservation Officer to accomplish the work of the Historic Preservation Committee; · Provides for a tax exemption for the rehabilitation of properties on the local register. As background, in 2003, Janus Research Inc. completed an update of the County's historic inventory and prepared a draft historic preservation ordinance commissioned by the County. Since then, the Draft Ordinance has been modified as a result of a lengthy review and comment process that included the St. Lucie County Historical Commission, other historic resource specialists and public comments received during and after three public meetings, held on January 25, February 28, 2004 and April 15, 2004, and the June 17, 2004 Local Planning Agency public hearing. Prior to drafting the Historic Preservation Ordinance, two surveys were conducted to address comprehensive plan policies requiring an updated inventory of archaeological and historical resources in the unincorporated County. The Archaeological Survey (2000) and the Historical Resource Survey (2003) combined reflect the earliest evidence for human occupation in the Paleo-Indrio Period, through the County's historic development as a settlement of farmers and cattle ranchers. The County's prehistory is documented in the Archaeological Survey of St. Lucie County (2000), a report prepared by the Archaeological and Historical. The study assessed a total of 51 sites, four of which were newly recorded. Although the Archeological Survey is not considered '-" ...." January 19, 2005 Page 2 Petition: Draft Historic Preservation Ordinance comprehensive, the report identified archeological/geo-environmental regions and divided the county into three archeological zones, areas regarded as likely to include previously unrecorded archaeological sites. The Historical Resource Survey identified buildings, cemeteries, and roadways constructed in 1953 or earlier. The Survey documented 597 historic resources in unincorporated SLC, 179 of these were previously recorded in the Florida Master Site File and 418 were newly recorded resources. Of these, 329 were classified as potentially eligible for historic designation at the local level consistent with the local ordinance. In addition, the survey found that 20 buildings that were previously recorded on the State Division of Historic Resources Site File and 10 unrecorded historic buildings had been demolished. On June 17, 2004, the Local Planning Agency held a public hearing to consider Draft Ordinance. At that public hearing, and following the receipt of public testimony, the Local Planning Agency, by a vote of 6 to 1 (McCurdy voted against) recommended that the County Commission grant approval to Draft Ordinance 04-012, as amended by the Local Planning Agency. During the Local Planning Agency's public hearing on this petition, two persons appeared in support of the Draft Ordinance and one person appeared in opposition. Mr. Langdon, who also addressed the Local Planning Agency, was generally in support of the Draft Ordinance, however made several requests for changes. The Local Planning Agency requested that Mr. Langdon's letter be included as an exhibit in your agenda packet; however it was not to be considered an endorsement by the Local Planning Agency that any of his comments be included. Adoption of the Draft Ordinance will allow the County to become designated a State Certified Local Government. Designation as a Certified Local Government (CLG) brings a number of benefits. In addition to affirming the community's commitment to historic preservation, CLGs may: · Receive technical assistance and training, bot on-site and at regional meetings, for both staff and the members of their historic preservation boards; · Have a formal comment role in the National Register nomination process for properties within their jurisdiction; · Compete for special historic preservation matching grant funds set aside only for Certified Local Governments. Funding is available for projects such as surveys to identify and evaluate significant historic properties, preparation for National Register nominations and development of preservation education materials such as booklets and brochures; RECOMMENDATION No action at this time. A second and final public hearing to consider adoption of the 9;aft St. Lucie County Historic Preservation Ordinance will be held on February 15, 2005 ayrpm. {¡; If you have any questions, please let us know. '-' '...I 1 ORDINANCE NO. 05-003 2 (Formerly Ordinance No. 04-12) 3 4 5 AN ORDINANCE OF THE COUNTY OF ST. LUCIE COUNTY, 6 FLORIDA, CREATING CHAPTER 1-10.2 (HISTORIC PRESERVATION) 7 OF.THE ST. LUCIE COUNTY CODE AND COMPLIEIJ LAWS TO 8 PROVIDE FOR THE IDENTIFICA TION, PROTECTION, 9 RESTORA TION AND PROMOTION OF HISTORIC BUILDINGS, SITES, 10 DISTRICTS, LANDSCAPE FEATURES, OBJECTS AND STRUCTURES 11 WHICH HAVE DEMONSTRATED HISTORICAL, ARCHITECTURAL 12 OR ARCHAEOLOGICAL SIGNIFICANCE; CREATING SECTION I- n 10.2-1 (SHORT TITLE) TO PROVIDE FOR THE ORDINANCE TO BE 14 KNOWN AS THE "ST. LUCIE COUNTY HISTORIC PRESERVATION 15 ORDINANCE"; CREATING SECTION 1-10.2-2 (PURPOSE); CREATING 16 SECTION 1-10.2-3 (DEFINITIONS); CREATING ARTICLE II. 17 HISTORIC PRESERVATION OFFICER; CREATING SECTION 1-10.2-4 18 (APPOINTMENT AND DUTIES); CREATING ARTICLE III. HISTORIC 19 PRESERVATION COMMITTEE; CREATING SECTION 1-10.2-5 20 (CREATION); CREATING SECTION 1-10.2-6 (COMPOSITION; 21 QUALIFICATION OF MEMBERS); CREATING SECTION 1-10.2-7 22 (TERM; REMOVAL); CREATING SECTION 1-10.2-8 23 (ORGANIZATION); CREATING SECTION 1-10.2-9 (MEETINGS; 24 RECORDS); CREA TING SECTION 1-10.2-10 (RULES AND 25 REGULATIONS); CREATING SECTION 1-10.2-11 (FUNCTIONS, 26 POWERS AND DUTIES); CREATING ARTICLE IV. DESIGNATION 27 PROCESS AND PROCEDURE; CREA TING SECTION 1-10.2-12 28 (CRITERIA); CREATING SECTION 1-10.2-13 (PROCEDURES FOR 29 HISTORIC DESIGNATION); CREATING ARTICLE V. CERTIFICATE 30 OF APPROPRIATENESS; CREATING SECTION 1-10.2-14 (REQUIRED); 31 CREATING SECTION 1-10.2-15 (FORMS AND FEES); CREATING 32 SECTION 1-10.2-16 (PRE-APPLICATION CONFERENCE); CREATING 33 SECTION 1-10.2-17 (STANDARDS FOR REVIEW AND ISSUANCE); 34 CREATING SECTION 1-10.2-18 (STANDARD CERTIFICATE OF 35 APPROPRIATENESS); CREATING SECTION 1-10.2-19 (SPECIAL 36 CERTIFICATE OF APPROPRIATENESS); CREATING SECTION 1-10.2- 37 20 (DEMOLITION); CREA TING SECTION 1-10.2-21 (ECONOMIC 38 HARDSHIP); CREATING SECTION 1-10.2-22 (MAINTENANCE OF 39 DESIGNA TED PROPERTIES); CREA TING ARTICLE VI. 40 CERTIFICATE TO DIG; CREATING SECTION 1-10.2-23 41 (CERTIFICATE TO DIG); CREATING ARTICLE VII. APPEALS; 42 CREA TING SECTION 1-10.2-24 (APPEALS); CREATING ARTICLE VIII. 43 PENALTIES; CREATING SECTION 1-10.2-25 (PENALITIES) 44 CREATING ARTICLE IX. INCENTIVES; CREATING SECTION 1-10.2- 45 26 (INCENTIVES); CREATING SECTION 1-10.2-27 (TAX EXEMPTION 46 FOR REHABILITATION OF HISTORIC PROPERTIES); PROVIDING '-" ..",., 1 FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 2 PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING; 3 PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; 4 PROVIDING FOR CODIFICATION 5 6 WHEREAS, the Board of County Commissioners of St. Lucie County, 7 Florida, has made the following determinations: 8 9 There are located within St. Lucie County certain historic and prehistoric 10 archaeological sites and historic areas, structures, buildings and improvements 11 both public and private, both on individual properties and in groupings, that serve 12 as reminders of past eras, events and persons important in local, state and national 13 history; or that provide significant examples of past architectural styles and 14 constitute unique and irreplaceable assets to the county; 15 16 1. It is the policy of the Board of County Commissioners of St. Lucie County 17 to recognize the importance of St. Lucie County's historic resources as a 18 ....ümponent of the economy and to enhance them by encouraging 19 awareness of history historic places and cultural amenities; 20 21 2. The adopted comprehensive plan directs the County to identify and protect 22 archaeological and historical properties and to adopt a Historical 23 Preservation Ordinance; 24 25 3. On March 22, 2004, the St. Lucie County Historical Commission 26 recommended approval of the Historical Preservation Ordinance; 27 28 4. On June 17, 2004, the Local Planning Agency/Planning and Zoning 29 Commission held a public hearing on the proposed ordinance after 30 publishing notice in The Tribune at least ten (10) days prior to the hearing 31 and recommended that the ordinance be approved. 32 33 5. On September 7, 2004, this Board canceled a public hearing on the 34 proposed ordinance, after publishing a notice of such hearing in The 35 Tribune on August 27,2005. 36 37 6. On January 25, 2004, this Board held a public hearing on the proposed 38 ordinance, after publishing a notice of such hearing in The Tribune on 39 January 15, 2005. 40 41 7. On XXX, 2005, this Board held a second public hearing on the proposed 42 ordinance, after publishing a notice of such hearing in The Tribune on 43 XXX, 2005. 44 45 Ordinance #05-003 Page 2 Draft 1/19/05 Underlined words are added Stffl£.'c thr8htgh words are deleted Hìghlighted words indicate changes since the LP A public hearing 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 '-' "WI 8. The proposed ordinance is consistent with the general purpose, goals, objectives and policies of the St. Lucie County Comprehensive Plan and is in the best interest of the welfare of the citizens of St. Lucie County Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CHAPTER 1-10.2 (HISTORIC PRESERVATION) of the St. Lucie County Code and Compiled Laws is hereby created to read: ARTICLE 1. GENERAL Section 1-10.2.1. Short title. This ordinance shall be known as the "St. Lucie County Historic Preservation Ordinance. " Section 1-10.2.2. Scope of Rel!ulations. (1) This ordinance is intended to and shall govern and be applicable to all property located within the unincorporated areas of St. Lucie County, Florida. (2) The historic preservation ordinance shall be filed, and it shall address the following sections: the establishment of an Historic Preservation Committee with powers and duties; the creation of a process to designate historic buildings, sites, districts, landscape features, roads, obiects. structures, and archaeological zones; a process of review for issuing certificates of appropriateness, and an appeal process. The County shall submit the ordinance to the National Register of Historic Places for certification of eligibility for the 1981 Economic Recovery Tax Act, as amended. (3) The St. Lucie County Register of Historic Places is hereby created as a means of identifying and classifying various sites, buildings. structures, obiects and districts as historically significant. Section. 1-10.2-3. Purpose (1) It is hereby declared as a matter of public policy that the protection, enhancement, and perpetuation of properties of historical, cultural, archaeological, aesthetic and architectural merit are in the interests of the health, prosperity and welfare of the people of St. Lucie County. Ordinance #05-003 Page 3 Draft 1/19/05 Underlined words are added Stfflck 1h1'8Ugh words are deleted Hìghlighted words indicate changes since the LP A public hearing '-" '...I 1 The purpose of this Ordinance is to protect the significant historic resources of St. Lucie 2 County. to the maximum extent practicable. in accordance with the goals and policies of 3 the St. Lucie County Comprehensive Plan. by providing procedures for the designation and 4 subsequent review of certain types of changes that are proposed for these resources. 5 6 The safeguarding of the historic resources in St. Lucie County is also intended to: 7 8 (a) Foster civic pride in the accomplishments of the past: 9 (b) Protect and enhance the County's historical heritage and provide an economic 10 stimulus through heritage tourism: 11 (c) Promote the protection and maintenance of individual sites and districts in public 12 acquisition programs for the education. pleasure and welfare of the people of St. 13 Lucie County: and 14 (d) Encourage adaptive use of historic resources by giving them priority over 15 activities that would harm or otherwise destroy their historic value. 16 (e) Enhance property values 17 (f) Stabilize neighborhoods and business centers. 18 (g) Increase economic and financial benefits to the County and its inhabitants. 19 (h) Combat blight. 20 (i) Promote historic awareness in the County. 21 (j) Enhance the visual and aesthetic character of the County. 22 (k) Protect and enhance the archaeological resources of the County. 23 24 (2) In addition. the provisions of this Chapter will assist the County and µroµerty owners to be 25 eligible for federal tax incentives. federal and state grant funds. and other potential property 26 tax abatement programs for the purpose of furthering historic preservation activities. 27 including. but not limited to. Section 193.503. Florida Statutes. and the National Register 28 of Historic Places program. 29 30 Section 1-10.2-4. Definitions 31 32 (1) Adaptive use: The process of converting a building to a use other than that for which it was 33 designed. 34 35 (2) Addition: A construction project physically connected to the exterior of a historic building. 36 37 (3) Alteration: Any change affecting the exterior or appearance of an existing improvement by 38 additions. reconstruction. remodeling or maintenance involving change of color. form. 39 texture or materials. or any such changes in appearance of specially designated interiors. 40 41 (4) Archaeological site: A single specific location that has yielded or is likely to yield 42 information on local history or prehistory. 43 44 (5) Archaeolol!ical zone: A geographically defined area. defined in the Archaeological Survey 45 of St. Lucie County. Florida (2000). as amended. which may reasonably be expected to Ordinance #05-003 Page 4 Draft 1/19/05 Underlined words are added Stffld #lFß¡,gh words are deleted Highlighted words indicate changes since the LP A public hearing -.." ~ 1 yield information on local history or prehistory based upon broad prehistoric or historic 2 settlement patterns. 3 4 (6) Artifact: Any obiect that is a product of human modification or obiects which have been 5 transported to a site by people. 6 7 (7) Buildin£: A resource created principally to shelter any form of human activity such as a 8 house, barn, church, hotel or similar construction. 9 10 (8) Board: The St. Lucie County Board of County Commissioners. 11 12 (9) Certificate of Appropriateness: A certificate issued by the St. Lucie County Historic 13 Preservation Committee or its designated staff, which permits certain alterations or 14 improvements to a designated individual site or a property within a historic district. 15 16 (a) Standard Certificate of Appropriateness: A Standard Certificate of 17 Appropriateness shall be issued by the staff of the Historic Preservation 18 Committee when the work proposed is a minor alteration, routine maintenance or 19 in-kind replacement as set forth in the rules adopted by the Historic Preservation 20 Committee. 21 22 (b) Special Certificate of Appropriateness: A Special Certificate of Appropriateness 23 is required for work that includes: additions, alterations, new construction, 24 relocations, or demolition, and for those instances when the proposed work is 25 deemed to have a significant impact on the historic resource(s). The Historic 26 Preservation Committee shall review the request. 27 28 (10) Certificate to Di£: A type of certificate of appropriateness required by the County for 29 certain ground disturbing activities, such as filling. grading, swimming pool excavation and 30 the removal of vegetation and trees, within an archaeolo~ical zone desi~nated pursuant to 31 this ordinance. 32 33 (11) Certified Local Government: A government satisfying the requirements of the National 34 Historic Preservation Act Amendments of 1980 (P.L. 96-515) and the implementing of 35 regulations of the U.S. Department of the Interior and the State of Florida, Division of 36 Historical Resources. A government that is certified will review all nominations to the 37 National Register of Historic Places within its iurisdiction prior to reviews at the state and 38 federal levels. 39 40 (12) Community Redevelopment A£ency (CRA): 'A community redevelopment agency 41 designated pursuanttoSection163.356 or 163.357. FloridaStatutes. 42 43 (13) Contributin£ resource: A building, site, landscape feature, obiect, structure, or 44 archaeological resource that adds to the historic associations. historic architectural 45 qualities, or archaeological values for which a property is si~nificant because it was present Ordinance #05-003 Page 5 Draft 1/19/05 Underlined words are added St1'llwk thF8h1gh words are deleted Hìghlighted words indicate changes since the LP A public hearing '-' ....., 1 during the period of significance, relates to the documented significance of the property, 2 and possesses historic integrity or is capable of yielding important historical information. 3 4 (14) Cultural or historic resource: Any prehistoric or historic district. site, building, object or 5 other real or personal property of historical. architectural or archaeological value. The 6 properties may include. but are not limited to. monuments, memorials, habitations, 7 ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works. 8 treasure troves, artifacts. or other objects with intrinsic historical or archaeological value, or 9 any part thereof relating to the history, government or culture of the County, the State of 10 Florida, or the United States of America. 11 12 (15) Demolition: The act or process of wrecking, destroying or removing any building or 13 structure, or any portion thereof. 14 15 (16) Designated exterior: All outside surfaces of any building or structure that is individually 16 listed or listed in the designation report as having significant value to the historic character 17 of the building or district. 18 19 (17) Designation reoort: A document prepared by the staff of the Historic Preservation 20 Committee for all properties or districts that are proposed for local historic designation. 21 The report, at a minimum. must include a boundary description of the proposed site or 22 district, an evaluation of its significance as it relates to the criteria for significance, location 23 maps, representative photographs and a physical description of the historic resource(s). 24 25 (18) Earthworks: Earthworks consist of linear ridges. circular embankments, and causeways 26 constructed of earth and/or shell. as well as their associated borrow Pits, and both linear 27 and circular ditches. These are most often associated with other precontact features such as 28 mounds or middens. but they may occasionally be encountered in isolation. 29 30 (19) Excavation: Any mechanical or manual removal of rock, consolidated or unconsolidated 31 soil material. sand, or vegetation. "Excavation" includes. but is not limited to. dredging. 32 draglining. bulldozing, scraping, digging. scooping, or hollowing out. 33 34 (20) Historical Commission: The St. Lucie County Historical Commission. 35 36 (21) Historic district: A geographically defined area possessing a significant concentration. 37 linkage or continuity of buildings, structures, objects, improvements or landscape features. 38 united by historic events or by plan or physical development. and which area has been 39 designated as a Historic District pursuant to procedures described herein. 40 41 (22) Historic landscape feature: Individual plants. such as a specimen tree. or groups of plants, 42 such as a hedge, allee, agricultural field. planting bed. or a naturally occurring plant 43 community or habitat, with historical significance. 44 45 (23) Historic Preservation Committee: The St. Lucie County Historic Preservation Committee. 46 Ordinance #05-003 Page 6 Draft 1/19/05 Underlined words are added Smtc!c Ihraugh words are deleted Highlighted words indicate changes since the LP A public hearing '-" "-' 1 (24) Historic Preservation Officer: A person appointed by the County Administrator to serve as 2 the staff to the Historic Preservation Committee. That person shall be experienced in. or 3 knowledgeable about. architectural history. urban design. historic preservation principles. 4 planning and land use regulations. 5 6 (25) Interim protection measure: The interim period of time needed to protect a property from 7 demolition. relocation. alteration. or new construction until such period of time provided by 8 law passes for the property to be considered for designation as a historic site. historic 9 district. or zone. 10 11 (26) Local Ref!ister of Historic Places: The St. Lucie County Register of Historic Places. 12 13 (27) National Ref!ister of Historic Places: A federal listing maintained by the U.S. Department 14 of the Interior of buildings. structures. sites. objects and districts that have met the criteria 15 for significance contained in the National Historic Preservation Act of 1966 (as amended.) 16 17 (28) Non-contributinf! resource: A building. site. landscape feature. object. or structure that 18 does not add to the historic architectural qualities. historic associations or archaeological 19 values for which a property is significant because it was not present during the period of 20 significance or does not relate to the documented significance of the property and/or. due to 21 alterations. disturbances. additions. or other changes. it no longer possesses historic 22 integrity or is no longer capable of yielding important infonnation about the period. 23 24 (29) Object: Those objects that are primarily artistic in nature. or are relatively small in scale 25 and simply constructed. It may be. by nature or design. movable; an object is associated 26 with a specific setting or environment. 27 28 (30) Ordinary maintenance and repair: Any exterior work for which a building pennit is not 29 required by law. where the purpose and effect of such work is to correct any physical 30 deterioration or damage of an element. by restoring it as nearly as possible to its 31 appearance using materials consistent with the original materials. 32 33 (31) Preservation: The act or process of applying measures necessary to sustain the existing 34 fonn. integrity. and materials of an historic property. 35 36 (32) Rehabilitation: The act or process of returning a property to a state of utility throu~h repair 37 or alteration which makes possible an efficient contemporary use. while preserving those 38 portions or features of the property that are significant to its historical. architectural and 39 cultural values. 40 41 (33) Restoration: The act or process of accurately recovering the fonn and details of a property 42 and its setting as it appeared at a particular period of time by means of removal of later 43 work or by the replacement of missing earlier work and utilizing traditional materials. 44 Ordinance #05-003 Page 7 Draft 1/19/05 Underlined words are added Stl'l:tck thF6btgh words are deleted Highlìghted words indicate changes since the LP A public hearing ~ ...,; 1 (34) Scale: The character of any architectural work is determined both in its internal space and 2 in its external volume by the fundamental factor of scale. the relation between the interior 3 space and exterior volume. 4 5 (35) Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation 6 of Historic Buildimls: A set of guidelines produced by the Department of the Interior that 7 establish professional standards and provide advice on the rehabilitation of historic 8 properties and acceptable preservation treatments. The standards pertain to exterior and 9 interior work on historic buildings. 10 11 (36) Site- The location .ofasignificantevent.aprehistoricorhistoncoccupationoracti vity.· or 12 a structure. whether standing..ruined.· or· vanished. where the location itselfpossesshistoric. 13 cultural.archaeolögical.or paleontological value regardless of the<\lalueof anvexiting 14 structure. 15 16 (37) Stahilîætisl'l:The act or process of apµlviRg. meas\ues designed· to ·reestablisl1· a '....eather 17 resìstaRteFtcIos\:1i'e aRd structural. stabilitv'NhilemaiFttaiFtiRg tHe esseFttialfonnas it exists 18 at ÐreseRt. 19 20 (38) St. Lucie Countv Historic Preservation Committee: A citizen advisory committee 21 established in accordance with Article III of this ordinance. 22 23 (39) St. Lucie Countv Historic Resources Survey. 2003: A survey that identifies the historic 24 resources of St. Lucie County. The survey results include mapping; photographic 25 documentation; research into the date of construction and original uses; and a detailed 26 description of each resource. 27 28 (40) St. Lucie Countv Historical Commission: ThehistoricaFcommissionestablishedpursuant 29 to SectionU16-41. St. Luciê County Code of Ordinances and Compiled Laws. 30 31 (41) St. Lucie Countv ReJ!ister of Historic Places: A register of those individual cultural and 32 historic resources and districts that have been designated as historic pursuant to this 33 ordinance. 34 35 (42) Streetscave: A view or vista of a specific street. the distinguishing characteristics of which 36 are created by the width of the street and sidewalks. their paving material and color. the 37 design of street furniture. the use of plant materials such as trees and shrubs. the setback. 38 mass. proportion and scale of those buildings that enclose the street. 39 40 (43) Structure: Those functional constructions made usually for purposes other than human 41 shelter. 42 43 (44) Undue economic hardshiv: An exceptional financial burden that might otherwise amount to 44 the taking of property without iust compensation. or failure to achieve a reasonable 45 economic return. 46 Ordinance #05-003 Page 8 Draft 1/19/05 Underlined words are added Str",ek Hf1'8ugh words are deleted Highlighted words indicate changes since the LP A public hearing '-' "rttJII 1 2 3 4 5 6 7 8 9 10 11 12 ARTICLE II. HISTORIC PRESERVATION OFFICER Section 1-10.2-4. Appointment and duties. The County Administrator shall appoint a person to serve as the St. Lucie County Historic Preservation Officer. The appointee shall be knowledgeable and experienced in architectural history. urban design. local history. site planning and land use regulations. The Historic Preservation Officer shall: (1) Schedule the meetings of the Historic Preservation Committee. preµare agendas. and ensure that proper notice of the meetings are afforded to the public and affected µarties. 13 (2) Prepare local historic designation reports and make recommendations to the Historic 14 Preservation Committee as to whether or not they meet the designation criteria under 15 Article IV of this ordinance. 16 (3) Upon receipt of a completed application for a Certificate of Appropriateness. evaluate the 17 scope of the proiect to determine whether it will be considered for review as a Standard or 18 Special Certificate of Appropriateness. and then process the application as described in 19 Article V andVI of this ordinance. 20 (4) Maintain and update the official inventory and map of historically designated sites and 21 districts. 22 (5) Prepare summaries of all decisions regarding applications to include the criteria and 23 conditions for approval or denial. 24 (6) Review all plans for designated historic sites and historic districts. for their compliance 25 with the terms and conditions of applicable Certificates of Appropriateness or Certificate to 26 Dig prior to the issuance of a construction or vegetation removal permit. 27 (7) Apply for preservation grants and actively participate in other historic preservation 28 programs. such as the Historic Marker Program. administered by the Florida Division of 29 Historical Resources. Bureau of Historic Preservation. 30 (8) Serve as the Certified Local Government Coordinator between the Historic Preservation 31 Board and the Florida Division of Historical Resources. Bureau of Historic Preservation. 32 33 34 35 36 37 38 39 ARTICLE III. HISTORIC PRESERVATION COMMITTEE Section 1-10.2-5. Creation. The St. Lucie County Historic Preservation Committee is hereby created and established as a committee of the St. Lucie County Historical Commission. The Committee is hereby vested with the power. authority and iurisdiction to recommend local historic designations: issue Certificates Ordinance #05-003 Draft 1/19/05 Page 9 Underlined words are added ð1fflá. th1'8¡,¡gh words are deleted Highlighted words indicate changes since the LP A public hearing 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 '-" ~ of Appropriateness; and to regulate and administer the historical. cultural. architectural and archaeological resources in St. Lucie County. as prescribed by this ordinance and the direct iurisdiction and legislative control of the Board. Section 1-10.2-6. Composition; Qualification of members. (1) The Historic Preservation Committee shall consist of seven (7) members. Each one of the five (5) County Commissioners shall individually appoint one member of the Historic Preservation Committee whose tenn shall coincide with the tenn of the Commissioner who appointed that member. The Board shall collectively appoint the other two (2) members from the Historical Commission whose initial tenns on the Historic Preservation Committee shall be established by resolution of the Board. Each member of the Historic Preservation Committee shall hold office only so long as he or she is a resident of St. Lucie County. To the extent practicable. the Board shall appoint practicing or retired professional members from the following disciplines: a. Anthropology b. Real estate. land development or finance c. History. folklore or architectural history d. Conservation or curation e. Architecture or historic architecture f. Historic preservation g. Land use planning or historic preservation planning h. General or residential contractor 1. Professional engineer In the event persons in such disciplines are unavailable. the Board may appoint individuals who have demonstrated a significant level of interest. experience or knowledge in the disciplines described herein. (2) Special advisors may be appointed by the Board upon the recommendation of the Historic Preservation Committee. They shall serve as ex-officio members having no vote. The Historic Preservation Committee may also seek expertise on proposals or matters requiring evaluation by a profession not represented on the Historic Preservation Committee. (3) Members of the Historic Preservation Committee shall serve without compensation. but shall be reimbursed for necessary expenses directly related to the perfonnance of their official duties. Section 1-10.2-7. Term; removal. (1) The tenn limit for service to the Historic Preservation Committee shall be two consecutive tenns. not to exceed a total of eight (8) years. Æ--J ~.f" lJ"fl'V¡' & (2) ~ rtJember of the Historic Preservation Committee may be removed from office only by a vote of the Board. Ordinance #05-003 Page 10 Draft 1/19/05 Underlined words are added StRtek ~h"8wgh words are deleted Hìghlíghted words indicate changes since the LP A public hearing 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 '-' ~ (3) Should a Historic Preservation Committee member fail to attend three (3) consecutive meetings. the Committee Chairman shall certify the same to the Board. Upon such certification. the member shall be deemed to have been removed and the Board shall fill the vacancy by appointment. Section 1-10.2-8. Or2anization. The members of the Historic Preservation Committee shall elect members to serve as the Committee's Chair and Vice-Chair. for a period of one 0) year. Nothing shall prevent the Historic Preservation Committee from electing a Chair or Vice-Chair for successive terms. The Historic Preservation Officer or such Officer's representative shall serve as staff liaison to the Historic Preservation Committee with no vote. Section 1-10.2-9. Meetin2s. records (1) Meetinfls. The Historic Preservation Committee shall be required to hold regular meetings at least four (4) times a year. The Historic Preservation Committee may conduct special meetings as the Historic Preservation Committee may determine. or at the call of the Chair for consideration of business before the Historic Preservation Committee. All meetings of the Historic Preservation Committee shall be publicly announced and shall be open to the public. Meetings will have a previously advertised agenda. The time and place of the meetings. the order of business and the procedures to be followed shall be as prescribed by the Historic Preservation Committee and shall be available for public inspection. All meetings convened to consider local historic designation. Certificates to Dig or Special Certificates of Appropriateness shall be advertised at least ten (0) days prior to the meeting in a newspaper having a general circulation within St. Lucie County. (2) Votinfl. All Historic Preservation Committee meetinf!s will be held in a public forum. A maiority of the Historic Preservation Committee shall constitute a quorum. and an affinnative vote equal to a maiority of the quorum ortÀose present. whichever is greater. shall be necessary for the adoption of any motion. (3) Minutes. The Historic Preservation Committee shall keep minutes and records of all meetings and proceedings. including voting records. attendance. resolutions. findings. detenninations. and decisions. Such records shall be filed in the office of the Historic Preservation Officer and shall be open for public inspection. Section 1-10.2-10. Rules and resrulations. The Historic Preservation Committee shall make and prescribe such rules and regulations reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this ordinance. Such rules and regulations shall conform to the provisions of this ordinance. shall not conflict with any applicable laws or regulations. and shall govern and control procedures. hearings and actions of the Historic Preservation Committee. No such rules and regulations shall become effective until a public hearing has been held upon the proposed rules Ordinance #05-003 Draft 1/19/05 Page 11 Underlined words are added Strbtd 1h1'8Hgh words are deleted Highlighted words indicate changes since the LP A public hearing ~ .""", 1 and regulations, and any amendments or modifications thereto, and the same have been approved 2 by resolution of the Board and filed with the Clerk of the Circuit Court. Upon approval by the 3 Board, such rules and regulations shall have the force and effect of law within the unincorporated 4 areas of St. Lucie County, Florida. 5 6 Section 1-10.2-11. Functions. powers and duties. 7 8 The Historic Preservation Committee shall have the following powers and duties: 9 10 (1) Adopt or amend Rules of Procedure. 11 (2) Recommend designation of individual sites. historic districts and archaeological zones. 12 (3) Initiate etitions for the desi nation of individual sites historic districts and archaeolo ical 13 zones. (,-rr lA/ rv ~ . 14 (4) Issue or deny Certificates of Appropriateness and Certificates to Dig. ' t 15 (5) Approve historical markers for properties listed in the St. Lucie County Register of Historic 16 Places. 17 (6) Recommend building and zoning amendments to the proper authorities. 18 (7) Establish criteria for staff to issue Standard Certificates of Appropriateness. 19 (8) Review and update the St. Lucie County Historic Resources Survey and the Archaeological 20 Survey of St. Lucie County. 21 (9) Promote the awareness of historic preservation concerns throughout the community. . 22 (10) Review and make recommendations regarding the acceptance of donations of real property 23 to the Board. 24 (11) Recommend as appropriate that certain provisions of the zoning code be varied, amended 25 or superceded as a means of encouraging historic preservation. 26 (12) Contact public and private organizations and individuals for the purpose of arranging 27 intervening agreements that may lead to the preservation of historic resources that might 28 otherwise be demolished. 29 (13) Evaluate and comment upon decisions made by other public agencies that affect the ... 30 physical development and appearance of architecturally, archaeologically or historically 31 significant sites, districts and archaeological zones. 32 (14) Coordinate with the State of Florida's Division of Historical Resources Certified Local 33 Government program as follows: 34 (a) The Division shall be given thirty (30) days prior notice of all meetings and 35 within thirty (30) days following such meetings the Division shall be provided 36 with the minutes and record of attendance of both the Committee and the public. , 37 (b) The Division shall be notified of any change of Committee members within thirty 38 (30) days of any changes in membership. 39 (c) Notify the State Historic Preservation Officer within five (5) business days of all' 40 new historic designations or alterations to existing designations. 41 (d) Any amendments to the ordinance shall be submitted to the State Historic 42 Preservation Officer for review and comment at least thirty (30) days prior to 43 adoption. 44 (e) The Division of Historical Resources shall be provided with an annual report by 45 November 1 covering activities of the previous October 1 through September 30 46 and shall include the following information: Ordinance #05-003 Draft 1/19/05 Page 12 Underlined words are added ðtTilck 1hT8Hgh words are deleted Highlìghted words indicate changes since the LP A public hearing '-' "fill 1 I. Any changes in the Board's Rules of Procedure: 2 II. All new National Register listings: 3 iii. All new local historic designations and alterations to existing designations: 4 IV. Any changes to Board memberships and a copy of their resumes: 5 v. Revised resumes of Board members as appropriate: 6 VI. Any amendments to this Chapter: 7 VII. A review of survey and inventory activities with a descriPtion of the 8 system used: 9 Vlll. A program report on each grant-assisted activities: and 10 IX. Number of projects reviewed. 11 12 (15) The Historic Preservation Committee shall have the authority to review applications for 13 Certificates of Appropriateness for all property in the unincorporated S1. Lucie County. 14 however owned. by either private or public parties. Except as otherwise provided by law. 15 this shall apply equally to plans: projects or work executed or assisted by any private party. 16 governmental body or agency. department. authority or Board of the City. County or State. 17 18 (16) The Historic Preservation Committee shall receive all nominations of local property to the 19 National Register of Historic Places following the regulations of the State Historic 20 Preservation Office. The Committee shall give notice to the owner of the property at least 21 thirty (30) days but not more than seventy-five (75) days prior to the Historic Preservation 22 Committee meeting at which the nomination will be considered. The Committee shall also 23 obtain approval by the Board for the nomination to the National Register. and these 24 recommendations shall be given to the Commission within thirty (30) days. The Committee 25 shall obtain comments from the public that shall be included in the report making a 26 recommendation. Objections to being listed in the National Register by property owners 27 must be notarized and filed with the Historic Preservation Officer. Within thirty (30) days 28 after its meeting the Committee shall forward to the State Historic Preservation. The State 29 Historic Preservation Officer will take further steps on the nomination in accordance with 30 federal and state regulations. If the Board suPports the nomination. the State Historic 31 Preservation Officer will schedule the nomination for consideration by the state review 32 board for the National Register at its next regular meeting. If both the Board and the local 33 officials recommend that a property not be nominated to the National Register. the State 34 Historic Preservation Officer will take no further action on the nomination unless an appeal 35 is filed with the State Historic Preservation Officer. 36 37 38 ARTICLE IV. DESIGNATION PROCESS AND PROCEDURE 39 40 Section 1-10.2-12. Criteria. 41 42 (1) The Historic Preservation Committee shall have the authority to recommend designation of 43 buildings. sites. districts. landscape features. roads. objects. structures and resources as 44 sites. districts or zones that are significant in S1. Lucie County's history. architecture. 45 archaeology or culture and possess an integrity of location. design. setting. materials. 46 workmanship. feeling or association. and meets one or more of the following criteria: Ordinance #05-003 Draft 1/19/05 Page 13 Underlined words are added St1'btCk th1'8/Jtgh words are deleted Highlighted words indicate changes since the LP A public hearing '-' "-" 1 2 (a) Sie:nificant Event - Associated with distinctive elements of the cultural. social. 3 political. economic, scientific, religious, prehistoric and architectural historv that 4 have contributed to the pattern of history in the communi tv, St. Lucie Countv, the 5 region, the state or the nation: or 6 7 (b) Sie:nificant Person - Associated with persons significant in the Countv, the 8 region, the state or the nation's past: or 9 10 (c) Architectural Sie:nificance - Embodies the distinctive characteristics of a tvpe, 11 period, stvle or method of construction or work of a master: or that possess high 12 artistic value: or that represent a distinguishable entity whose components may 13 lack indi vidual distinction: or 14 15 (d) Archaeoloe:ical Sie:nificance - Has vielded, or is likelv to vield information in 16 history or prehistorv: or 17 18 (e) Is listed in the National Register of Historic Places. 19 20 (f) Aesthetic Sie:nificance - Is part of or related to a landscape, park, environmental 21 feature or other distinctive area, and should be developed or preserved according 22 to a plan based upon a historic, cultural. or architectural motif: or because of its 23 prominent or special local. contrast of siting. age, or scale is an easily identifiable 24 visual feature of a neighborhood or area or contributes to the distinctive qualitv of 25 such neighborhood or area. 26 27 (2) Certain properties, which include cemeteries, birthplaces. properties owned by religious 28 institutions or used for religious purposes, structures that have been moved from their 29 original locations, properties commemorative in nature and properties that have achieved 30 significance within the last fiftv (50) years. will not normally be considered for 31 designation. However, such properties will qualify if thev are integral parts of districts that 32 do meet the criteria, or if they fall within the following categories: 33 34 (a) A religious property deriving primary significance from architectural or artistic 35 distinction of historical importance: 36 37 (b) A building or structure removed from its location but which is primarily 38 significant for architectural value, or is the surviving structure most importantlv 39 associated with an historic event or person: 40 41 (c) There is no other appropriate site or building directlv associated with his/her 42 productive life: 43 44 (d) A cemeterv that derives its primary significance from graves of persons of 45 transcendent importance, from age, distinctive design features, or from 46 association with historic events: Ordinance #05-003 Draft 1/19/05 Page 14 Underlined words are added Stffld. ÝI1'8¡,¡gh words are deleted Highlighted words indicate changes since the LP A public hearing '-' ..., 1 2 (e) A property primarily commemorative in intent if design. age. tradition or 3 symbolic value has invested it with its own historical significance: 4 5 (f) A property or district achieving significance within the past fifty (50) years if it is 6 of exceptional importance: 7 8 Section 1-10.2-13. Procedures for historic desie:nation. 9 10 Properties that meet the criteria for local historic sites and local historic districts set forth in 11 Section 1-10.2-12 shall be designated according to the following procedures: 12 13 (1) Petition of the owner. The owner(s) of any property in St. Lucie County may petition the 14 Historic Preservation Committee for designation of their property as an individual site, 15 district. or archaeological zone. The Historic Preservation Officer shall. based on its 16 findings. either recommend a designation report be prepared or recommend denial of the 17 petition. Nothing in this subsection shall be deemed to restrict the power of the Historic 18 Preservation Committee to initiate the designation process pursuant to this section. 19 20 (2) Directive of the Historic Preservation Committee. The Historic Preservation Committee 21 shall either accept or deny the application. By accepting the application. the Historic 22 Preservation Committee must set a date for a public hearing and shall direct staff to 23 complete the designation report and notify the proper parties of the public hearing. 24 25 (3) Initiation by the Historic Preservation Committee -. Based upon recommendations from 26 historical groups or other. interested·. parties.·· the .. Historic .. Preservation CoI11mittee. may 27 iriitiatethedesignationby setting. a date for· a public hearing. notifying the property owner 28 and directihgstafftoprepare the. designation report. 29 30 (4) DesÍfmation Reports. Prior to the designation of an individual site, a district. or an 31 archaeological zone. the Historic Preservation Officer shall prepare an investigation and 32 designation report and submit it to the Historic Preservation Committee. All reports must 33 address the following: 34 35 (a) Legal description of the property. 36 37 (b) The historical. cultural. architectural or archaeological significance or how the 38 property fulfills the criteria for designation. 39 40 (c) Boundaries for individual historic sites and a recommendation of boundaries for 41 districts and archaeological zones. When a district is recommended. the report 42 must identify those properties which are considered "contributing" (i.e.. that they 43 contribute to creating the historic character of the district) or "non-contributing" 44 (i.e.. that they do not contribute to creating the character of the district), but which 45 require regulation in order to control potentially adverse influences on the 46 character and integrity of the district. The standards for regulating non- Ordinance #05-003 Draft 1/19/05 Page 15 Underlined words are added St1'!te!, th1'8Hgh words are deleted Highlighted words indicate changes since the LP A public hearing ~ .".., 1 contributing properties shall provide that a Certificate of Appropriateness and/or 2 Certificate to Dig, as appropriate, shall be required for alterations and new 3 construction on such properties. 4 5 (d) Zoning Regulations. Everv historic site and historic district may include detailed 6 zoning regulations made to be compatible with its designation. Such regulations 7 may be designed to supplant or modify any element of existing zoning 8 regulations, including but not limited to use, floor area ratio, density, height, set- 9 backs, parking, minimum lot size or create any additional regulations provided for 10 in this section. The zoning amendment may identify individual properties, 11 improvements, landscape features or sites for which different regulations: 12 standards and procedures may be required. Said zoning regulations shall not be 13 effective until the Board aµproves the regulations. 14 15 (e) The report shall also contain a location map and photographs of all exterior 16 surfaces, and interiors when applicable. 17 18 (f) Optional Designation of Interiors. Nonnally interior spaces shall not be subiect to 19 regulation under this ordinance; however, in cases of existing structures that 20 possess interior spaces that are of exceptional architectural. artistic or historical 21 importance, and are interior spaces which are customarily open to the public, they 22 may be specific all v designated. The Designation Report shall describe precisely 23 those features subiect to review and shall set forth standards and guidelines for 24 such regulations. 25 26 (g) Designation reports shall also include a cOpy of any survey materials related to 27 such property, the property appraiser's records of such property and a COpy of the 28 public hearing newspaper advertisement. 29 30 (5) Notification of owner. For each proposed designation of an individual site, district or 31 archaeological zone, the Historic Preservation Committee is encouraged to obtain the 32 pennission of the property owner(s) of the individual site or within the designated area, and 33 is responsible for sending by certified mail a copy of the designation report to the owner(s) 34 as notification of the intent of the Historic Preservation Committee to consider designation 35 of the µropertvat least fifteen (15) days prior to a public hearing held pursuant to this 36 ordinance. 37 38 (6) Interim protection measure: From the date of said notification of the owner, no building 39 construction or vegetation removal pennit for any new construction, alteration, relocation, 40 or demolition or surface alterations that may affect the property proposed for designation 41 shall be issued until the Board approves or denies the designation in accordance with this 42 section, or one hundred twenty (120) days have elapsed, whichever shall occur first 43 44 (7) Notification of J!overnment aJ!encies. Upon filing of a designation report, the Historic 45 Preservation Officer shall immediately notify the appropriate building and zoning Ordinance #05-003 Page 16 Draft 1/19/05 Underlined words are added StThtck th1'6H:gh words are deleted Highlìghted words indicate changes since the LP A public hearing '-' ......., 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 department, the appropriate public works department and any other County or municipal agency, including agencies with demolition powers, that may be affected by said filing. (8) Notice of Historic Preservation Committee public hearin$!. For each individual site, district or archaeological zone proposed for designation, a public hearing must be held no sooner than fifteen (5) days and within sixty (60) days from the date a designation report has been filed with the Historic Preservation Committee. Property owners within a radius of 150' from the area proposed for designation shall receive a courtesy notice of the hearing, to be mailed at least ten (0) days prior to the date of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least ten (0) days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation. (9) Requirement of prompt decision and notification. Following the public hearing. the Historic Preservation Committee shall recommend approval. denial or amendment of the proposed designation and shall forward its recommendation to the Board within thirty (30) days of the hearing for final approval. ~o "'. (10) ublic hearin. U on recei t of the Historic Preservatio Committee's the Board shall schedule a ublic hearin to consi r the ro osed desi nation. The ublic hearin must be held no sooner than fifteen 1 da s and within sixty (60) days from the date the Historic Preservation Committee recommendation is filed with the Board. Property owners within a radius of 150' from the area proposed for designation shall receive a courtesy notice of the hearing, to be mailed at least ten (0) days prior to the date of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least ten (0) days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation. (11) ReQuirement of prompt decision and notice. The Board shall either aµprove, deny or apµrove with conditions the designation. and shall designate the property by resolution. In the event the Owner, or a majority of the Owners if owned by more than one person, objects in writing to the proposed designation, the proposed designation shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board. If approved, the property shall be added to the St. Lucie County Local Register of Historic Places. The following parties shall be notified of its actions with a copy of the resolution. (a) St. Lucie County Growth Management Department; (b) St. Lucie County Public Works Department; (c) St. Lucie County Clerk of Court; Ordinance #05-003 Page 17 Draft 1/19/05 Underlined words are added Stf'Hek AAFØ/;tgh words are deleted Hìghlighted words indicate changes since the LP A public hearing '-' ....., 1 (d) Owner(s) of the designated property and other parties having an interest in the 2 property. if known; 3 (e) Any other County or municipal agency. including agencies with demolition 4 powers. that may be affected by this action; and. 5 (f) St. Lucie County Property Appraiser. 6 7 (12) Amendment or rescission. In the event the Historic Preservation Committee determines a 8 property no longer in full or in part meets the criteria set forth in Section 1-10.2-12. the 9 Historic Preservation Committee may recommend an amendment or rescission of any 10 designation provided it complies with the same manners and procedures used in the 11 original designation. 12 13 (13) Avpeal of Designation. A party aggrieved by a designation decision may appeal such 14 decision in the manner provided for in this ordinance. 15 16 (14) Recording of desiJmation. The Board shall provide the Clerk of Circuit Court with all 17 designations for the purpose of recording such designation and the Clerk of Circuit Court 18 shall thereupon record the designation according to law. 19 20 21 ARTICLE V. CERTIFICATE OF APPROPRIATENESS 22 23 Section 1-10.2-14. Reauired 24 25 No building. site. landscape feature. object. structure. earthwork. or archaeological zone within 26 St. Lucie County which has been designated pursuant to this ordinance shall be altered. restored. 27 rehabilitated. excavated. moved or demolished until an application for a Certificate of 28 Appropriateness regarding any architectural features. landscape features or site improvements 29 has been submitted to and approved pursuant to the procedures in this article. The application 30 shall include. but not be limited to. the architectural style. scale. massing. siting. general design 31 and general arrangement of the exterior of the building or structure. including the type. style and 32 color of roofs. windows. doors. walls and appurtenances. Architectural features shall include. 33 when applicable. interior spaces where interior designation has been given pursuant to Article 34 IV. Landscape features and site improvements shall include. but are not limited to. site ~rading. 35 subsurface alterations. fill deposition. paving. landscaping. vegetation removal. walls. fences. 36 courtyards. signs and exterior lighting. No Certificate of Appropriateness shall be approved 37 unless the architectural or development plans for said construction. alteration. excavation. 38 restoration. rehabilitation. relocation or demolition are approved by the Historic Preservation 39 Committee. 40 41 (1) No permit shall be issued by the County Building Official that affects any property 42 designated pursuant to this ordinance without a Certificate of Appropriateness. 43 44 (2) All work performed pursuant to the issuance of the Certificate of Appropriateness shall 45 conform to the requirements of the certificate. The Board shall designate an appropriate 46 official to assist the Historic Preservation Committee by making necessary inspections in Ordinance #05-003 Draft 1/19/05 Page 18 Underlined words are added S1FUe.', 1h1'6btgh words are deleted Hìghlighted words indicate changes since the LP A public hearing '--'" ....,.¡ 1 connection with enforcement of this chapter and shall be empowered to issue a stop work 2 order if performance is not in accordance with the issued certificate. No work shall proceed 3 as long as a stop work order continues in effect. Copies of inspection reports shall be 4 furnished to the Historic Preservation Committee and copies of any stop work orders both 5 to the Historic Preservation Committee and the applicant. The Public Works Director or 6 appropriate official and staff for the Historic Preservation Committee shall be responsible 7 for ensuring that any work not in accordance with an issued Certificate of Appropriateness 8 shall be corrected to comply with the Certificate of Appropriateness prior to withdrawing 9 the stop work order. 10 11 (3) Expiration of Certificates of Appropriateness. Any certificate of appropriateness issued 12 pursuant to the provision of this section shall expire 12 months from the date of issuance. 13 unless the authorized work is commenced within this time period or a building permit has 14 been obtained. 15 16 (4) Any change in work proposed subsequent to the issuance of a certificate of appropriateness 17 shall be reviewed by the Historic Preservation Officer. If the Historic Preservation Officer 18 finds that the proposed change does not affect the property's historic character and that the 19 change is in accord with approved guidelines. standards and the general intent of the 20 original certificate of appropriateness. the Historic Preservation Officer may issue a 21 supplementary standard certificate of appropriateness for such change. If the proposed 22 change is not in accord with the guidelines. standards or the original intent of the 23 Certificate of Appropriateness. a new application for a special certificate of appropriateness 24 shall be required. 25 26 (5) A designated structure or home that is located in a historic district or archaeological zone 27 may not be relocated except upon approval of a certificate of appropriateness. In 28 considering such certificate the Board shall determine whether any reasonable alternative is 29 available for preserving the improvement or structure on its original site and whether the 30 proposed relocation site is compatible with the historic and architectural inte~rity of the 31 improvement or structure. 32 33 (6) Forthe purpose ofremedving emergencyconditionsdetermihed to be dangerous to life. 34 health or property. nothing contained hereinshallpreventthemakin/Z·of any temporary 35 coIlstruction.recoristructionor· other.. repairs to äbuìldinF; or site in .... St. ...1.uciëcounty. 36 pursuantto ..an.orderofagovernmentagencyoracourtofcompetentiUrisdiction. The 37 owner of ..abuildingdamagedbyfire or .naturalcalamity shaUbe. permittedto stabilize the 38 buildingimmediatelywithoutHistoricPreservati?nConunittee approval an d to rehabilitate 39 it later under the normal review procedures of this ordinance. 40 41 Section 1-10.2-15. Forms and fees. 42 43 Applications for Certificates of Appropriateness must be made on forms approved and provided 44 by the Historic Preservation Committee and must be submitted with the appropriate fee to the 45 Historic Preservation Officer pursuant to the fee schedule established by resolution of the Board. 46 Ordinance #05-003 Page 19 Draft 1/19/05 Underlined words are added Stfflck Hlf'B/;tgh words are deleted Highlighted words indicate changes since the LP A public hearing '-' ...., 1 Section 1-10.2-16. Pre-application conference 2 3 Before submitting an application for a Certificate of Appropriateness. an applicant is encouraged 4 to confer with the Historic Preservation Officer to obtain information and guidance before 5 entering into binding commitments or incurring substantial expenses in the preparation of plans. 6 surveys and other data. At the request of the applicant. the Historic Preservation Officer. or any 7 member of the Historic Preservation Committee. an additional pre-application conference shall 8 be held between the applicant and the Historic Preservation Committee or its designated 9 representative. The purpose of such conference shall be to further discuss and clarify 10 preservation obiectives and guidelines. In no case. however. shall any statement or representation 11 made prior to the official application review be binding on the Historic Preservation Committee. 12 the Board. or any County department. The owner(s) of a designated property are also encouraged 13 to consult with the Historic Preservation Officer prior to the commencement of any routine 14 maintenance and/or repairs to the site. 15 16 Section 1-10.2-17. Standards for review and issuance. 17 18 The U.S. Secretary of the Interior's Standards for the Rehabilitation are hereby adopted as the 19 standards by which applications for any Certificates of Appropriateness are to be measured and 20 evaluated. In adopting these standards. it is the intent of this ordinance to promote the proper 21 maintenance. restoration. preservation. rehabilitation appropriate to the property. and compatible 22 contemporary designs which are harmonious with the exterior architecture and landscape 23 features of neighboring buildings. sites and streetscapes. From time to time. the Historic 24 Preservation Committee may adopt additional standards to preserve and protect special features 25 unique to the County. Based on the Secretary of the Interior's Standards. the designation report. 26 a complete application. any additional plans. drawings. photographs and samples of materials to 27 fully describe the proposed proiect. the Historic Preservation Committee may approve or deny 28 the application for a Certificate of Appropriateness. 29 30 Section 1-10.2-18. Standard Certificate of Appropriateness. 31 32 Where the action proposed in an application is a minor alteration to a designated site or 33 contributing resource within a historic district. as specified by the rules of procedure of the 34 Historic Preservation Committee. and satisfies the standards as set forth in Section 1-10.2-17. the 35 Historic Preservation Officer shall. within ten (10) calendar days of receipt of the complete 36 application. approve or deny the application. The findings of the Historic Preservation Officer 37 shall be mailed to the applicant within three (3) days of the staff's decision. accompanied by a 38 statement that explains the Officer's decision. The applicant shall have an opportunity to 39 challenge the Officer's decision by applying for a Special Certificate of Appropriateness, within 40 thirty (30) days of the Officer's findings. Further. the applicant may also request that his/her 41 application be classified as a Special Certificate of Appropriateness so that the Historic 42 Preservation Committee will consider it. 43 44 Section 1-10.2-19. Special Certificate of Appropriateness. 45 Ordinance #05-003 Page 20 Draft 1/19/05 Underlined words are added S/Rtd 1h1'8l:tgh words are deleted Highlìghted words indicate changes since the LP A public hearing '-' """'" 1 Where the action proposed in an application involves a major alteration, relocation or demolition 2 to a designated site or a contributing resource within a historic district, as specified by the rules 3 of the Historic Preservation Committee, or where the Historic Preservation Officer finds that the 4 action proposed in an application is not clearly in accord with the standards as set forth in 5 Section 1-10.2-17, the application shall be classified as a Special Certificate of Appropriateness 6 and the following procedures shall govern: 7 8 (1) Public Hearing. When a complete application is received, the Historic Preservation Officer 9 shall place the application on the next regularly scheduled meeting of the Historic 10 Preservation Committee. The Historic Preservation Committee shall hold a public hearing 11 with notice of the application and the time and place of the hearing as follows: 12 13 (a) The applicant shall be notified bv mail at least ten (0) calendar days prior to 14 the meeting. 15 16 (b) Anv individual or organization requesting such notification and paving anv 17 established fees therefore shall be notified by mail at least ten (0) calendar 18 days prior to the hearing. 19 20 (c) An advertisement shall be placed in a newspaper at least ten (10) calendar 21 days prior to the hearing. 22 23 (d) The Historic Preservation Committee shall approve, deny or approve with 24 conditions, subject to the acceptance of those conditions by the applicant. The 25 Historic Preservation Committee may suspend action on the application for a 26 period not to exceed thirtv (30) davs, in order to seek technical advice from 27 outside its members, or to meet further with the applicant to revise or modifv 28 the application. 29 30 (e) The decision of the Historic Preservation Committee shall be issued in 31 writing. Evidence of approval shall be. by Certificate of Appropriateness 32 issued bv the Historic Preservation Committee or its designated staff. When 33 an application is denied, the Historic Preservation Committee's notice shall 34 provide an adequate written explanation of its decision. 35 36 (2) The provisions of subsections 1-10.2-14 shall applv to all actions governed by this section. 37 38 Section 1-10.2- 20. Demolition 39 40 (1) Demolition of a building, site, district, landscape feature, object, structure, earthwork, or 41 archaeological site or zone, or such resource that has been designated as historic pursuant 42 to this ordinance mav occur only pursuant to an order of a government agency or a court of 43 competent jurisdiction or pursuant to an approved application bv the owner for a Special 44 Certificate of Appropriateness. 45 Ordinance #05-003 Page 21 Draft 1/19/05 Underlined words are added Strnd thF6/tgh words are deleted Hìghlighted words indicate changes since the LP A public hearing ~ "'wI 1 (2) Government agencies having the authority to demolish unsafe structures shall receive 2 notice of designation of buildings, sites, districts, landscape features, objects, structures, 3 and archaeological sites or zones. The Historic Preservation Committee shall be deemed an 4 interested party and shall be entitled to receive notice of any public hearings conducted by 5 said government agency regarding demolition of any property designated or documented as 6 historic pursuant to this ordinance. The Historic Preservation Committee may make 7 recommendations and suggestions to the government agency and the owner(s) relative to 8 the feasibility of and the public interest in preservin~ the designated property. 9 10 (3) No permit for voluntary demolition of a building, site, district, landscape feature, object, 11 structure, earthwork, an archaeological site, or such resource that has been designated as 12 historic pursuant to this ordinance shall be issued to the owner(s) thereof until an 13 application for a Special Certificate of Appropriateness has been submitted and approved 14 pursuant to the procedures in this section. Refusal by the Historic Preservation Committee 15 to grant a Special Certificate of Appropriateness shall be evidenced by written order 16 detailing the public interest which is sought to be preserved. The Historic Preservation 17 Committee shall be guided by the criteria contained in Section 1-10.2-17. The Historic 18 Preservation Committee may grant a Special Certificate of Appropriateness, which may 19 provide for a delayed effective date of up to eighteen (18) months. The effective date shall 20 be determined by the Historic Preservation Committee based upon the relative significance 21 of the structure and the probable time required to arrange a possible alternative to 22 demolition. During the demolition delay period, the Historic Preservation Committee may 23 take such steps as it deems necessary to preserve the structure concerned, in accordance 24 with the purposes of this chapter. Such steps may include, but shall not be limited to, 25 consultation with civic groups, public agencies and interested citizens, recommendations 26 for acquisition of property by public or private bodies or agencies, and exploration of the 27 possibility of moving one (1) or more structures or other features. DeFlialof a. Special 28 Certifieateof .A~þpropriateFless shall be mO'¡edtothe Board offiøæåÐtioB. 29 30 (4) In addition to all other provisions of this Section, the Historic Preservation Committee shall 31 consider the following criteria in evaluating applications for Special Certificates of 32 Appropriateness for the demolition of a historic building, site, landscape feature, object, 33 structure, earthwork, or archaeological site. 34 35 (a) Whether the historic resource is of such interest or quality that it would 36 reasonably meet national, state or local criteria for designation. 37 38 (b) Whether the historic resource is of such design, craftsmanship, or material that it 39 could be reproduced only with great difficulty and/or expense. 40 41 (c) Whether the historic resource is one of the last remaining examples of its kind in 42 the County or the region. 43 44 (d) Whether the historic resource contributes significantly to the historic character of 45 a designated historic district. 46 Ordinance #05-003 Page 22 Draft 1/19/05 Underlined words are added Stfflek HlF8ltgh words are deleted Hìghlighted words indicate changes since the LP A public hearing '-' ..., 1 (e) Whether retention of the historic resource promotes the general welfare of the 2 County by providing an opportunity for study of local history, architecture and 3 design or by developing an understanding of the importance and value of a 4 particular culture and heritage. 5 6 (f) Whether there are definite plans for reuse of the property where the historic 7 resource is located, if the proposed demolition is carried out, and what will be the 8 effect of those plans on the character of the surrounding area. 9 10 Section 1-10.2-21. Economic Hardship. 11 12 Where, by reason of particular site conditions and restraints, or because of unusual circumstances 13 applicable solely to the particular applicant, strict enforcement of the provisions of this chapter 14 would result in serious undue economic hardship to the applicant, the Historic Preservation 15 Committee shall aa.'le laep&.vertorecommend whether it is appropriate to vary or modify 16 adherence to this section; provided always that its requirements ensure harmony with the general 17 purposes hereof and will not adversel v affect St. Lucie County. 18 19 (1) In any instance where there is a claim of undue economic hardship, the owner may submit, 20 by affidavit, to the Historic Preservation Committee at least fifteen (15) days prior to the 21 public hearing, the following infonnation: , 22 23 (a) For all property: 24 25 1. The amount paid for the property, the date of purchase and the party from 26 whom purchased; 27 11. The assessed value of the land and improvements thereon according to the 28 two (2) most recent assessments; 29 30 lll. Real estate taxes for the previous two (2) years; 31 32 IV. Annual debt service, if any, for the previous two (2) years; 33 34 v. All appraisals obtained within the previous two (2) years by the owner or 35 applicant in connection with his purchase, financing or ownership of the 36 property; 37 38 VI. Any listing of the property for sale or rent, price asked and offers received, 39 if any; 40 41 V11. Any consideration by the owner as to profitable adaptive uses for the 42 property; 43 44 V111. An estimate of the cost of the proposed demolition or relocation; 45 Ordinance #05-003 Page 23 Draft 1/19/05 Underlined words are added Str-uek thf'8ltgh words are deleted Highlighted words indicate changes since the LP A public hearing '-' "WI 1 IX. A report from a licensed engineer or architect with experience in historic 2 rehabilitation as to the structural soundness of the structure. and its 3 suitability for relocation and/or rehabilitation. however. the County may 4 retain an independent engineer and/or architect to review and aµprove the 5 report: and 6 7 x. An estimate from an architect. developer. real estate consultant, appraiser 8 or other professional as to the economic feasibility of the rehabilitation or 9 adaptive use of the existing structure however. the County may retain an 10 independent engineer and/or architect to review and approve the estimate. 11 12 (b) For income-producing property: 13 14 1. Annual gross income from the property for the previous two (2) years: 15 16 11. Itemized operating and maintenance expenses for the previous two (2) 17 years: and 18 19 111. Annual cash flow. if any. for the previous two (2) years. 20 21 (2) The Historic Preservation Committee may require that an applicant furnish such additional 22 information as the Historic Preservation Committee believes is relevant to its determination 23 of undue economic hardship and may provide in approµriate instances that such additional 24 information be furnished under seal. In the event that any of the required information is not 25 reasonably available to the applicant and cannot be obtained by the applicant. the applicant 26 shall file with his/her affidavit a statement of the information that cannot be obtained and 27 shall describe the reasons why such information cannot be obtained. 28 29 Section 1-10.2-22. Maintenance of desie:nated properties. 30 31 Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any 32 elements of any building or structure which does not involve a change of design. appearance or 33 material. and which does not require a building permit. 34 35 ARTICLE VI. CERTIFICATE TO DIG 36 37 Section 1-10.2-23. Certificate to Die:. 38 39 A Certificate to Dig is a type of Certificate of Appropriateness. Within an archaeological zone. 40 new construction. filling. digging. the removal of trees. or any other activity that may alter or 41 reveal an archaeological site shall be prohibited without a Certificate to Dig. All applications to 42 all appropriate County agencies involving new construction. demolition. large-scale dig~ing. the 43 removal of trees or any other activity that may reveal or disturb an archaeological site in an 44 archaeological zone shall require a Certificate to Dig before aµproval. Based on the designation 45 report for the archaeological zone. a complete application for a Certificate to Dig: and any 46 additional guidelines the Historic Preservation Committee may deem necessary. the staff of the Ordinance #05-003 Draft 1/19/05 Page 24 Underlined words are added StFUek thNJwgh words are deleted Hìghlighted words indicate changes since the LP A public hearing 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 '-' ...." Historic Preservation Committee shall, within ten (0) days from the date the completed application has been filed, approve or denv the application for a Certificate to Dig by the owners of a property in a designated archaeological zone. The applicant shall have an opportunitv to challenge the Officer's decision bv applving for a Special Certificate of Appropriateness, within thirtv (30) davs of the Officer's findings. Further, the applicant may also request that his/her application be classified as a Special Certificate of Appropriateness so that the Historic Preservation Committee will consider it. (1) The Certificate to Dig may be made subject to specified conditions. including but not limited to conditions regarding site excavation. In order to comply with the requirements of the Certificate to Dig, the applicant may be required to conduct an archaeological excavation by a professional archaeologist who meets the U.S. Secretary of the Interior's Standards and who is a member of the Register of Professional Archaeologists to conduct excavations and monitoring from the time of the approval of the Certificate to Dig until the effective date thereof. The findings of the Officer shall be mailed to the applicant by registered mail promptly. The applicant shall have the opportunity to challenge the staff decision or any conditions attached to the Certificate to Dig by filing a written notice of appeal to the Historic Preservation Committee within thirtv (30) days after receipt. (2) Approved Certificates to Dif!. Approved Certificates to Dig shall contain an effective date not to exceed sixty (60) davs, at which time the proposed activity mav begin, unless the Historic Preservation Committee decides to designate the site in question as an individual site or district. In that case, all the rules and regulations pertaining to the designation , process shall apply from the date the designation report has been filed. (3) All work performed pursuant to the issuance of a Certificate of Appropriateness or Certificate to Dig shall conform to the requirements of such Certificate. It shall be the dutv of the appropriate government agencies and the staff of the Historic Preservation, Committee to inspect from time to time anv work pursuant to such Certificate to assure compliance. In the event work is performed not in accordance with such Certificate, the Historic Preservation Officer shall be empowered to issue a stop work order and all work shall cease. No person, firm or corporation shall undertake any work on such projects as long as such stop work order shall continue in effect. (4) The provisions of subsections 1-10.2-14 shall apply to all actions governed hy this section. ARTICLE VI. APPEALS Section 1-10.2-24. Appeals. Within twenty (20) days of the written decision of the Historic Preservation Committee, an aggrieved party may appeal the decision bv filing a written notice of appeal with the Clerk of the Board of County Commissioners. The notice of appeal shall state the decision which is being appealed, the grounds for the appeal. and a brief summary of the relief which is sought. Within sixty (60) davs of the filing of the appeal or the first regular Board meeting which is scheduled, Ordinance #05-003 Draft 1/19/05 Page 25 Underlined words are added St1'/;u:k dtFßwgh words are deleted Highlighted words indicate changes since the LP A public hearing Failure by an owner of record or any individual or private or public entity to comply with any provisions of this ordinance shall constitute a violation hereof and shall be punishable by civil or criminal penalties including a fine not more than two hundred fiftv and 00/100 dollars ($250.00) '1<> per dav for each day the violation continues and including a requirement that anv work IJ ( . è I performed contrary to this ordinance must be removed and the propertv returned to its condition t;J..- \/ prior to commencement of said work. a! rt / ~. , (I~ ~~ i?J ~, '-" ,., 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 whichever is later in time, the Board shall conduct a public hearing at which time the v may affirm, modify or reverse the decision of the Historic Preservation Committee. Nothing contained herein shall preclude the Board from seeking additional information prior to rendering a final decision. The decision of the Board shall be in writing and a copy of the decision shall be forwarded to the Historic Preservation Committee and the appealin~ partv. Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the Board may appeal an adverse decision to the Circuit Court in and for S1. Lucie County, Florida. ARTICLE VIII. PENAL TIES Section 1-10.2-25. Penalties. ARTICLE IX. INCENTIVES Section 1-10.2-26. Incentives. All properties designated as historic resources pursuant to this ordinance shall be eligible. upon application by the owner(s), for any available financial assistance set aside for historic preservation bv S1. Lucie County contingent on the availabilitv of funds and the scope of the project as described in the application. Section 1-10.2-27. Tax exemptions for rehabilitations to desHmated historic properties. (1) Scope of tax exemptions. A method is hereby created for the Board, at its discretion, to allow tax exemptions for the restoration, renovation, or rehabilitation of historic resources. The exemption shall applv to one hundred percent (100%) of the assessed value of all improvements to historic properties which result from restoration, renovation, or rehabilitation made on or after the effective date of this ordinance. The exemption applies onlv to taxes levied bv S1. Lucie Countv. The exemption does not apply to taxes levied f~r the payment of bonds or to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article VII of the Florida Constitution. The exemption does not appl y to personal property. The exemption under this ordinance does not applv to properties within a communitv redevelopment area previously or hereafter established pursuant to Part III of Chapter 163, Florida Statutes. Ordinance #05-003 Page 26 Draft 1/19/05 Underlined words are added Stfflck MF8Ugh words are deleted Hìghlìghted words indicate changes since the LP A public hearing '-" ....., 1 (2) Duration of tax exemptions. Any exemption granted under this section to a particular 2 property shall remain in effect for ten (0) years. The Board shall have the discretion to set 3 a lesser term. The term of the exemption shall be specified in the ordinance approving the 4 exemption. The duration of the exemption as established in the ordinance granting the 5 exemption shall continue regardless of any change in the authority of the County to grant 6 such exemptions or any change in ownership of the property. In order to retain an 7 exemption, however, the historic character of the property, and improvements which 8 qualified the property for an exemption, must be maintained in their historic state over the 9 period for which the exemption was granted. 10 11 (3) EliJdble properties and improvements. 12 13 (a) Property is qualified for an exemption under this section if: 14 15 (i) At the time the exemption is granted the property: 16 17 a. Is individually listed in the National Register of Historic Places 18 pursuant to the National Historic Preservation Act of 1966, as 19 amended; or 20 21 b. Is identified as a contributing property in a National Register of 22 Historic Places listed district; 23 24 c. Is individually listed in the St. Lucie County Register of 25 Historic Places pursuant to this ordinance; 26 27 d. Is identified as a contributing property to a historic district, 28 under the terms of the St. Lucie County Ordinance. 29 30 (ii) The Historic Preservation Committee has certified to the Board that 31 the property for which an exemption is requested satisfies paragraph 32 ú1 33 34 (b) In order for an improvement to a historic property to qualify the property for an 35 exemption, the improvement must: 36 37 (i) Be consistent with the U.S. Secretary of the Interior's Standards for 38 Rehabilitation; and 39 40 (ii) Be determined by the St. Lucie Historic Preservation Committee to 41 meet the criteria established in the Rule lA-38, Florida Administrative 42 ~~. 43 44 (iii) The St. Lucie County Historic Preservation Committee has issued a 45 Special Certificate of Appropriates for the proposed improvements. 46 Ordinance #05-003 Page 27 Draft 1/19/05 Underlined words are added Strud H11'8",gh words are deleted F:ligh1ighted words indicate changes since the LP A public hearing '-" .." 1 (4) Applications. Any person. firm. or corporation that desires an ad valorem tax exemption for 2 the improvement of a historic property must. in the year the exemption is desired to take 3 effect. file with the Board a written application on a form prescribed by the Department of 4 State. The application must include the following information: 5 6 (a) The name of the property owner and the location of the historic property: 7 8 (b) A description of the improvements to real property for which an exemption is 9 requested and the date of commencement of construction of such improvements: 10 11 (c) Proof. to the satisfaction of the Historic Preservation Committee. that the property 12 that is to be rehabilitated or restored has been designated historic pursuant to this 13 ordinance: 14 15 (d) Proof. to the satisfaction of the Historic Preservation Committee. that the 16 improvements to the property will be consistent with the U.S. Secretary of 17 Interior's Standards for Rehabilitation: 18 19 (e) Other information identified in appropriate Department of State regulations. or 20 requested by the Historic Preservation Committee: and 21 22 (f) A completed application for a Special Certificate of Appropriateness for the 23 qualifying restoration or rehabilitation. 24 25 (5) ReQuired covenant. To qualify for an exemption. the property owner must enter into a 26 covenant or agreement with the Board for the term for which the exemption is granted. The 27 form of the covenant or agreement must be established by the Department of State and 28 must require that the character of the property. and the qualifying improvements to the 29 property. be maintained during the period that the exemption is granted. The covenant or 30 agreement shall be binding on the current property owner. transferees. and their heirs. 31 successors. or assigns. Violation of the covenant or agreement results in the property owner 32 being subiect to the payment of the differences between the total amount of taxes which 33 would have been due in March in each of the previous years in which the covenant or 34 agreement was in effect had the property not received the exemption and the total amount 35 of taxes actually paid in those years. plus interest on the difference calculated as provided 36 in Section 212.12(3). Florida Statutes. 37 38 (6) The Historic Preservation Committee. or its successor. is designated to review applications 39 for exemptions. The Historic Preservation Committee must recommend that the Board 40 grant or deny the exemption. Such reviews must be conducted in accordance with rules 41 adopted by the Department of State. The recommendation. and the reasons therefore. must 42 be provided to the applicant and to the Board before consideration of the application at an 43 official meeting of the Board. 44 45 (7) Approval by Board. A maiority vote of the Board shall be required to approve a written 46 application for exemption. Such exemption shall take effect on the January 1 following Ordinance #05-003 Draft 1/19/05 Page 28 Underlined words are added Stffle./, IhrB/Jtgh words are deleted Highlighted words indicate changes since the LP A public hearing '-" "'-ttI 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 substantial completion of the improvement. The Board shall include the following in the resolution approving the written application for exemption: (a) The name of the owner and the address of the historic property for which the exemption is granted; (b) The period of time for which the exemption will remam m effect and the expiration date of the exemption; and (c) A finding that the historic property meets the requirements of this ordinance. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PARTE. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PARTF. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chainnan Frannie Hutchinson xxx xxx Vice Chainnan Doug Coward Ordinance #05-003 Page 29 Draft 1/19/05 Underlined words are added Slr-ud thrßwgh words are deleted Hìghlìghted words indicate changes since the LP A public hearing ~ .." 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 Commissioner Paula A. Lewis xxx Commissioner Chris Craft xxx Commissioner Joe Smith xxx PART H. CODIFICA TION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g: \auy\ordnance\2005\05-003 .doc Ordinance #05-003 Page 30 Underlined words are added Stfflek th1'8Hgh words are deleted lIighlìghted words indicate changes since the LP A public hearing Draft 1/19/05 '-" ..""" HISTORIC PRESERV A nON DESIGNATION PROCESS 1. Initiation of Designation Process A. Petition by Owner B. Initiation by HPC 2. Application Review by HPO A. Incomplete and/or does not meet criteria- No further action pending appeal by Owner B. Determines application complete and meets criteria (1) HPO initiates Designation Report and submits to HPe (2) HPO schedules public hearing before HPC - Not less than 15 days and not more than 60 days from date Designation Report submitted by HPO 3. Notice Requirements A. Owner - Notice and copy of Designation Report mailed via certified mail at least 15 days before hearing B. Adjacent Property Owners (within ISO') - Notice mailed via certified mail at least 10 days prior to hearing e. Newspaper - Notice published at least 10 days prior to hearing D. Copy of Notice provided to Community Development Director and Public Works Director 4. Interim Protection Period - No building pennits issued after owner notification until Bec approves or denies the designation, or 120 days elapses, whichever occurs first. 5. HPC Decision and Recommendation - Within 7 days of public hearing; decision and recommendation to BCe to approve, deny, or amend proposed designation 6. BCC Public Hearing A. Notice Requirements - Same as HPC hearing notice B. Bee approves HPC recommendation as submitted, with conditions, or denies, by resolution e. Bee resolution transmited to Clerk for recording 8. Appeal Process A. HPe Decision - (1) File with elerk of the BCC within 20 days of HPC written decision (2) BCC Public Hearing - Within 60 days of filing of appeal or first Bee regular meeting thereafter whichever is later . . B. Bee Decisions - File with Circuit Court pursuant to FL Rules of Appellate Procedure BCC - Board of County Commissioners HPC - Historic Preservation Commission HPO - Historic Preservation Officer '-" "-II HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS 1. Required for all designated resources - Alteration, restoration, rehabilitation, excavation, move or demolition; includes architectural features, landscape features, or site improvements 2. Pre-Application Conference - Discuss and clarify preservation objectives and guidelines 3. Application - Submitted to HPO 4. Standards of Review A. Us. Secretary of the Interior's Standards for Rehabilitation and Guidelinesfor Rehabilitation of Historic Buildings B. HPC may adopt additional standards 5. Standard Certificate of Appropriateness A. B. C. D. E. Required - Minor alteration, relocation or demolition HPO review application to detennine whether meets Standards of Review Within 10 days of receipt - HPO approves or denies application Within 3 days of decision - HPO mails decisions to Owner with explanation Appeal- Owner may appeal HPO decision to HPC within 30 days ~ 6. Special Certificate of Appropriateness Major alternation, relocation or demolition A. Required (1) Major alteration, relocation or demolition (2) HPO detennines application not in accord with Standards of Review B. HPC public hearing required (1) Notice a. Applicant and anyone requesting notice upon payment of fee - 10 days b. Notice published in newspaper 10 days prior to hearing (2) HPC must act within 60 days of receipt of complete application - may suspend action for an additional 30 days to seek technical advice (3) HPC approves, approves with conditions, or denies 7. Appeals A. HPC Decision - (1) File with Clerk of the BCC within 20 days of HPC written decision (2) BCC Public Hearing - Within 60 days of filing of appeal or first BCe regular meeting thereafter whichever is later B. BCC Decisions - File with Circuit Court pursuant to FL Rules of Appellate Procedure BCC - Board of County Commissioners HPC - Historic Preservation Commission HPO - Historic Preservation Officer '-' ......, HISTORIC PRESERVATION TAX EXEMPTION 1. Scope of Tax Exemption - A. One hundred percent (100%) of assessed value of all improvements to historic properties resulting from restoration, renovation, or rehabilitation made on or after the effective date of the Historic Preservation Ordinance B. Applies only to taxes levied by St. Lucie County BCC C. Applies only to real property, not personal property D. Does not apply to property within a CRA 2. Duration - A. Ten (10) years unless owner requests a shorter period in application. B. Survives any ownership changes during the ten (10) years C. Property must retain its historic character during the period of the exemption 3. Eligible Properties - A. Individually listed in National Register of Historic Places; B. Identified as contributing property in a National Register of Historic Places listed district; C. Designated as an individual historic property under the St. Lucie County Historic Preservation Ordinance; or, D. Identified as a contributing property to a historic district designated under the St. Lucie County Historic Preservation Ordinance 4. Eligible Improvements - A. Consistent with US. Secretary of the Interior 3' Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings; and, B. Historic Preservation Committee detennines it meets criteria established in Rule IA- 38, Florida Administrative Code 5. Application - Submit to BCC (HPO) using FL Dept. of State fonn 6. Required Covenant - Property owner must enter into an agreement with BCC to maintain the historic character of the property and qualifying improvements during the tenn of the exemption. Covenant is binding on property owners, transferees, heirs, successors or assigns. 7. Approval Process - A. HPC - Review and recommendation to BCC B. BCe - Approve or deny by majority vote 8. Effective Date - January I sl following substantial completion of the qualifying improvement. BCC - Board of County Commissioners HPC - Historic Preservation Commission HPO - Historic Preservation Officer t.- O) > ä: c: "~ -0 c: '-" ...., ___z t II i I ~ IU : t f I ~ HI w ~ en ~ f 5 I ~.§ 1,1 ~ Þ Q) Q) :s g ~ õ ~I ) ~ i ('; ~ C ::J 2 .. : ~ë Ill, u ::J ~ êï5 g "I Ü £3 õ!¡i .. 0 ) 'ë:- "I Ï ::J .~ ~ ~I ~I :>.s,¡ a. 'I ~ Ü 0 ~"§-i h~1 '" ~ (', '3 0 ~ üí ?;- ~ c- o ... ::Ii: . a Q) en Ï ü ijU. ü ~ lIt -0 I (!) II "ü ü c .0 ~ § g I .:11 Q) ~ ::J "¡:: en ~ 0 ~ ~ ~ en en I , :- , :..- æ -I -- ..-_W1iiiitf"iiq"··-- ~ c: ::J o Ü c: .-2 ro -_.__._..;¡¡._""-o5iói1._~-_..__. -.. ~ ;-eitt UDIUIOI".- ~ c: ::J o Ü J J i -_··-¡¡¡Y-IlÛrJ~- .-.-....--.....-..--.. ..."""" I I ~"'/ -~ _//~ "- - _. .. - - - ~ - .. - - o· ~ _ _ - - - ~ - - - Ñuno8 aaqo4~aa~o '-" ....., Hlclla'" E. Lan,lIln 9007 S. Indian River Drive Ft. Pierce, FL 34982-1755 E-mail: r.e.laD~don@)att.net Internet: http://members.tripod.comI-RickinBham/ Phone (772) 873-4575 JlUIe 17,2004 St. Lucie County Planning and Zoning Commission / Local Planning Agency Regular Meeting Comission Chambers, 3rd Floor, Roger Poitras Annex June 17,2004/7:00 PM Re. Agenda Item 5 : PROPOSED mSTORIC PRESER V A nON ORDINANCE (04-012) Commisioners, My name is Rick Langdon. I live at 9007 South Indian River Drive. My dad purchased this property, which was developed in 1949, and moved here in 1977. My wife and I moved back to Florida in August 1999, following my mothers passing and my retirement from Alabama Power company where I worked as a Cost Engineer, a Civil Construction Engineer, and an Operating Plant Engineer. We spent the balance of that year planning and most of the year 2000 redeveloping Dad's, and our, home here on The Drive. ... In deciding to redevelop this property, rather than remodel, I did research it's potential historic significance in the abstract of title for the property and found nothing of significance. It was basically a small post war frame cottage which had been expanded and renovated a number of times between 1949 and 1999 - sited on a subdivided parcel of the original Ransom Patent land, later purchased in part by R.A. Sager and subdivided. I must however admit that I did not consider it's potential "architectual" signifigance, which in reviewing the Janus Survey report, would probably have classified the original building in the "Minimal Traditional" style. The Janus Report actually classified our (redeveloped) property in the "Masonry Vernacular" style, and does not list it among the properties potentially eligible for being listed. I ''wonder'' however - if this ordinance had been in effect in 1999, would we have been blocked from redeveloping our home and the enjoyment and continued use of our property here on The Drive I have asked for a few minutes this evening - not only as a potentially effected resident of what may become designated a historic district as well as a scenic corridor, but also as the Historian for the Indian River Drive Freeholders, Inc. There may well be some discrepency in "numbers" to be resolved at some point, however, The Janus Report identifies 579 properties developed prior to 1953 in unincorporated 81. Lucie County and 295 of these as "potentially elligible" for listing in the 81. Lucie County Register of Historic Places. It further identifies "more than 120" of these (I believe the number is about 163) as being along The Drive. At about 23 % of the properties likely to be developed along The Drive, and 55% of the properties potentially effected in the County by this ordinance... The Indian River Drive Freeholders are significant stakeholders in this proposal. '-"' ......, Very briefly, this Association (The Indian River Drive Freeholders) was formed in 1938 and worked initially to get legislation passed which empowered the Board of County Commissioners of St. Lucie County to .,. provide for the establishment of zoning districts within the unincorporated areas of the County p' by petition of a majority of the land owners within such proposed "zoning district". This resulted in a Resolution of by the Board of County Commissioners, in December 1947, which established ''The Indian River Drive Zoning District". I believe this was the "first of it's kind" legislation in Florida, and the predessor for all "County Zoning" regulation in the state. This predates, by 9 years the legislation passed in 1955 which authorized St. Lucie County to adopt County wide zoning authority, which was accomplished by the BOCC passing a zoning resolution December 17, 1958 ... 11 years after the Indian River Drive Zoning District was established. Since it's formation, more that 65 years ago, the Association has worked continuously (and for the most part - successfully) to protect and retain the single family residential, and beautiful scenic character of - The Drive. Among the greatest contributing factors to the "character" of the 11.2 miles of South Indian River Drive in unincorporated 51. Lucie County is it's natural isolation, it's rural nature, and it's development history. (see Figure 1) The Drive has developed slowly over a period of 160 years from the earliest days of settlement under the Armed Occupation Act of 1842. Current development along the drive dates back 125 years to 1879 and the arrival of the early Pineapple growers. This slow development, over such an extended period of time has resulted in a great diversity of residences. This diversity, and the rural, self sufficieny of our homes define The Drive and it's unique character. From my own research, and as confirmed by the Janus Report, it is not surprising that a significant portion of properties potentially identified as "historic" .... are on The Drive. This background information is a brief introduction and qualification in furnishing comments on the ordinance as currently drafted. First, I am in favor of the proposed ordinance. I have purchased a copy of The 2003 Janus Report (which is a significant resource in itself), attended an earlier public hearing about this proposed ordinance in Febuary, reviewed it it detail, and furnished about 6 pages of specific comments and suggestions for change and clarifications back to Diana Waite. The majority of these suggestions have been incorporated into the current draft - with one significant exception - which is my reason for appearing before you tonight. .................................. .............................................. Historic classification seems to be primarily based on architectual classifications and diversity rather than the historical relevance of persons. It encourages, but restricts, maintenance of listed properties (to maintenance "in kind"), provides for financial incentives from the County (if funds are available), and provides for (partial) tax exemptions, at the discretion of the BOCC for the assessed value of restoration, renovation, or rehabilitation of listed historic properties. What the ordinance, as currently written, does not provide is compensation to the owners of properties for being listed as historic resource properties. This ordinance, if adopted (and I feel it will be) places very significant restrictions on a property owners abilities to maintain or modify a property listed as "historic". These restrictions will burden the owners of these properties with additional costs, both in terms of time and money. to prepare and have reviewed, plans for ~ 'wi modifications to these listed properties. These costs, and the historic review process are precedent, and in addition to costs and time incurred in obtaining a building permit. What I proposed in comments furnished in March, and what I plead for the Commissions consideration now, is for the inclusion of a restricted Property Tax Exemption of $10,000, structured similar to the provisions of Section 1-10.2.27 as incentive and compensation to the owners for having a property listed as a historic resource in the County. This exemption would not have a "sunset" provision, would remain in effect for the life of this ordinance, and would result in a deed restriction being recorded against all properties accepted for listing. Discussion: As an example, for the 2003 tax year I believe this RESTRICTED EXEMPTION for taxes assessed by the County represents approximately 43.1% of the taxes assessed to properties on South Indian River Drive. Further, a $10,000 restricted exemption, would yield a tax exemption incentive of approximately $96.00 per year. This would assume that the rate assessed for county taxes remains constant at the currently imposed rates. I feel that this would be a small, but reasonable, compensation (by exemption) to the property owner for the restrictions placed on their properties by being listed in the S1. Lucie·County Register of Historic Plaçes. The state of Florida in their comprehensive planning statutes, and S1. Lucie County, by the drafting of this proposed ordinance has determined that it is in the public interest to acknowledge the importance of the historic and architectural resources of the county by the creation a local listing of those resources significant to our history. Further, this proposed ordinance imposes upon the public and (mostly) private owners of those resources very considerable restriction, and additional expense, on the owners' freedom to maintain, renovate, restore, or modify these properties. Therefore, again, in order to provide incentive to the owners of these properties to consent to being included on the 81. Lucie County Listing of Historic Places, and in compensation to those owners for the additional aggravation and expenses imposed in the public interest by creating this ordinance and The List for the administration of our counties historic resources - I suggest that it would be reasonable and just for the county to offer as an incentive for so listing a "Historic Property" an exemption of $10,000 of the assessed value of the property, for taxes levied by S1. Lucie County. This exemption would become effective January 1 st of the year following the designation and listing of the property and would remain in effect for as long as this ordinance remains in effect. The application process would be the processes and procedures established by this ordinance for designation and inclusion on the local list and the covenant and deed restriction provisions could then be included in the resolution of the Board of County Commissioners accepting the Historic Preservation Committee's recommendation of the property for listing. Thank you for your time, and I look forward to your favorable consideration of this request prior to this ordinance being sent to the Board of County Commissioners for consideration and adoption. ¿f~ . Richard E. (Rick) Langdon Historian Indian River Drive Freeholders, Inc. .0 '-" ........ 11M, DrWe r '........1IIoed..... "....... Dew..,,,,.... 35 IIDfIlA "P,"'''' "......... In un. Plop." n ·l,...,h;'''"1Wf11 1..<It u..,,· ."J./ Totll Pr...r1~... L<ul,· '\J b. (6'\....J~l:d .' ~\: ]0 p,."... C..........d I.UNU :(I)~I fæ ¡"... D t . . t 90~ .~ 70~ &II~ 9I~ 411~ 30~ 20~ ,o~ O~ t . . t J5 31 15 10 5 ..... ...iLl L nLll " . . , t I " . " I " 5 " " I I Z Z . 5 rr 1T T nn , ' II I II' ' 'r~1 ~ Ii Ht'l I: I i I~~ t . . , t . t . " " . . " z , . t I J . 1 1 . . J 4 , . " t " I I I Z 3 J 5 . , .~ t . 4 , " · , · " · · · " I . , ": 'i ~ T: 1 IT .. Ii I i Ii I ~ ~ ~ " . 5 , , . ] r¡ 'IT T - ~ :f It· ô i ~ j I=' II i ~ " . 4 . 1 I 4 5 + 4 .,¡ " " " · . . · . 1 · , . 1 · 5 · " I 5 5 t . 1 . " I 1 5 r II " " I I . . . , H I I II T i I I! ft I : ~ II! " I 1 5 " " I I . . . 5 J1 1 · · · " I . 5 2 · · · n "to ~ 4 E µ î ~I ¡ -4 -4 i' I 1 t ++- II +t f' II! o.iJ ! " " 2 · I . · I . · 5 . III TT Jun·11.2004 3:30PM '-" E NIL E ASS E S S ~ E IH C E N it R "wi No.4b63 p. 2 Junc 17,2004 Mrs. Arlene Goodman 4412 Pressler Lane Fon Pierce, Florida 34982 ~ Planning & Zoning Department Chainnan 2300 Virginia Avenue Fon Pierce, Florida 34981 Dear Mr. ChL\trman; Rc: Historical Ordinance It is with regrets that neither myself or my hushi.md c,m 110t he at this rnc~ting tonight. please accept. this letter as our opini,,)n of the Historical Ordinance a~ it ~tand" tMlíght. As II property owner or 4901 Oleander Avenue, in White City, I have attended the lasL few meeting about this ordinance. At the hlst meeting I attended. many people spoke about an "opt-out" clause as they did nul want their property Ct)llsidercd as "historièi.\r'. My husband &. I do I)ot wish our property to he in thc "historical" consideration either. The property does not fit the "true" evaluali"m of' an historical pn)pt.rty. There arc 4 houses on the I-acre we own. (we art= in Zl}ning compliance) Three (J) of the buildings were built in the late 40's; howt=ver, th~ "main" hou~e was huilt in the !tne 60'!ì nr early 70's. It is my understanding that the "opt-out" clause is nut in the ordinance that is being brought to you tonight. we ask lhat the "cJc:mse" he placed in the ordinance. It has becn told to us that the only recourse we have, at this time, is to hire II lawyer to prevcnt the "historical" designatÌl)n being plaœd on our property. That is an un·f.",ir and costly practice tuthe residents of St. Lueie County when you, or the County Commissioners. can take care of that before the ordinance is in place. Your attention to this situatioll will be gr~atly appreciated. Sincerely yours, ~~~l~"--__ Arlene Goodman C:file c: Conunis~ioners '-' '-I NOTICE OF PUBLIC MEETING PROPOSED ST. LUCIE COUNTY HISTORIC PRESERVATION ORDINANCE .-, The St. Lucie County Historical Commission will hold an informational meeting to present the draft St. Lucie County Historic Preservation Ordinance, to which all interested persons are invited. DATE AND February 25, 2004, TIME: Wednesday at 7:00 p.m. PLACE: Board of County Commission Chambers Roger Poitras Administration Annex 2300 Virginia Avenue Ft. Pierce, Florida NATURE OF MEETING: To present and discuss the draft St. Lucie County Historic Preservation Ordinance that promotes the enhancement and protection of local historic resources through the establishment of a St. Lucie Register of Historic Places for unincorporated County. A copy of the draft Ordinance may be obtained from the St. Lucie County Community Development Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982 or on the Internet at http://CO.st_lucie.fl.uslculturalaffairs/Jan27 draft. pdf. Any questions may be directed to Diana Waite, Planner III at 772-462-1577. Anyone with a disability requiring accommodations . to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TOO (772) 462-1428 at least forty- eight (48) hours prior to the meeting. \OL4 d- \ ð-Y '-' "WI AGENDA ITEM 5: ORDINANCE 04-012 - HISTORIC PRESERVATION: Ms. Heather Young, presenting Staff comments, stated that Agenda Item # 5 was a Draft Historical Preservation Ordinance that addresses the Coastal Management Element Objecti ve of the St. Lucie County Comprehensive Plan requiring the County to implement and strengthen regulations that provide for the protection, preservation, or sensitive reuse of historic resources and to adopt a historic preservation ordinance by 2002. The draft ordinance provides for the creation of a St. Lucie County Register of Historic Places; creates the Historic Preservation Committee, a sub-committee of the Historical Commission; and provides for a Historic Preservation Officer to review applications and serve as staff to the Historic Preservation Committee. The ordinance also sets forth the criteria and standards for placing a property on the local register; modifying, restoring, and demolishing property on the local register; and provides for a tax exemption for properties on the local register. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval. Ms. Ellen Uguccioni of Janus Research stated that this ordinance provides another tool that allows a qualitative analysis of what is important to history. She also stated that they have a large body of information from the many years that historic preservation has been around in the United States and Florida. She continued that she feels what is contained in the draft ordinance would be of great help in determining areas that are considered to be the epitome of St. Lucie County's history and culture. She stated that she was also there to answer any questions. Mr. Trias questioned if the only way to get a structure designated was to receive a petition from the property owner. Ms. Uguccioni stated that the way the ordinance is written they could receive a petition from the owner but it does not preclude the Historic Preservation Committee from initiating a designation. Mr. Trias stated that the language of the ordinance should be amended to make that more clear than it is currently written. Chairman McCurdy stated that he was concerned that a property owner could not opt out of having their structure from being designated. He also questioned if the homeowner had any recourse from complying with being designated. Ms. Uguccioni stated that the final designation does go to the Board of County Commissioners for their approval, so they could come to the meeting and speak. She also stated that there is an economic hardship clause in the ordinance but they do not have an option to opt out because in some respects it would negate the value of the ordinance itself, which is to try to steward properties throughout generations. Chairman McCurdy stated he understood the intent but was still concerned about infringing on private property rights and doesn't feel it is appropriate not to have a mechanism that allows the property owner to say no. Ms. Young stated that in order for the County to be designated as Certified Local Government with a Historic Preservation Ordinance that provision to opt out is not permitted. She continued that they had discussed having a requirement for a super majority, which is a 4/5 vote of the Board of County Commissioners, to approve the designation in the event that a property owner objects. Chairman McCurdy stated that he felt it was still a governmental taking and that is why he is having a problem with this ordinance as it is written. Mr. Trias stated that his experience in the City of Fort Pierce the process of democracy works in the sense that they have public hearings where people can come and object to the designation of a property. He continued that it had usually been in the context of a District and when they do a P&Z / LPA Regular Meeting June 17,2004 Page 17 of 27 '-" ...., District there are twenty or thirty buildings with a few people who object. He stated that those people who objected had been excluded based on their input at the public hearings. Chairman McCurdy stated that if there is a written provision that you can be excluded and it isn't mandatory that they participate then he would be fine with the ordinance, but that is not written into it. Mr. Trias stated that it does not necessarily need to be written in because the property owner has the opportunity to make their case at a public hearing and in the City of Fort Pierce every time that was done the homeowner was excluded. He continued that the ordinance does not specifically state that but the process does allow it because we are a democracy and he feels comfortable that the property rights of the owners are protected. Mr. Hearn stated that he agreed with Chairman McCurdy and that a taking of someone's property needs to be compensated, which is where the Burt Harris Act would come in. He also stated that he feels that will be an important part of the ordinance and he has a problem with the government telling him what he can do with his building, especially if he wants to improve it. He questioned if scenic vistas were included in the ordinance. Ms. Young stated that they were originally included but removed at the suggestion of Mr. Grande because of the possible conflictions with the ongoing Scenic Highway program. She also stated that there were provisions for landscape features to be designated, but not specifically scenic vistas. Mr. Grande stated that there are some areas that were a little confusing and would not want to have the document misinterpreted. He questioned that on page 3, it lists article 1, but the rest of the articles have roman numerals. Ms. Young stated that it would be changed to a roman numeral for one so that it is consistent with the format of the rest of the document. Mr. Grande also stated on page 9, in Section 1.10.2.5, Creation, on the second line it references the St. Lucie County Historical Commission, but they are not listed in the definitions and should be added. Ms. Young stated that there is a St. Lucie County Historical Commission that was appointed by the Board of County Commissioners and is more generalized in their approach to enhancing the historical awareness of the County. She also stated that they would be added. Mr. Grande also stated that on page 10, the second line in the last paragraph indicates a meeting of at least four (4) times a year and is concerned that some of the time frames listed throughout the ordinance are too short if there are 90 days between meetings. He stated that on page 11, under 2 Voting, it says, "equal to a majority of the quorum or those present, which ever is greater". Ms. Young stated that she believed it should read, "equal to a majority of the quorum present". He continued that on the top of page 13, the second line, says "Historic Preservation Office" and should read "Officer". Ms. Young stated that would be corrected. Mr. Grande also stated on the third line on the same page it is missing the word "Officer" after State Preservation. Ms. Young stated that would also be corrected. Mr. Grande stated that on the fifth line he questioned how the Committee and the Board both have a function here. Ms. Uguccioni stated that it actually should only be the Committee because that section pertains to the National Register Nominations so the words "either" and "or Board or both" would be stricken. Mr. Grande stated that on page 18, number 4 says that if no action is taken within 60 days and he feels it should be 120 days if the meetings are 90 days apart. Ms. Young stated that four (4) is the minimum number of meetings required but they would meet more often if necessary. Mr. Grande stated that he understands that but that particular paragraph relates to a default and he feels 60 days might not be enough time if they have a problem getting a meeting together and should be longer. Ms. Uguccioni stated she has a problem with changing it to 120 days because they want to be as responsive as possible to the owners and possibly holding them up for 120 days from getting any permits might be excessive and her experience has been that most Historic P&Z I LPA Regular Meeting June 17,2004 Page 18 of 27 '-' ,...., Preservation Boards meet at least once a month for that reason. Mr. Grande stated that he agrees with having a timely response but that paragraph deals with a default approval and if for any reason they were unable to have a meeting he was concerned about such a short period of time. Mr. Grande stated on that same page, number 6, the first line, the fifth line should read "home". Ms. Uguccioni confirmed that was correct. Mr. Grande also stated that on page 20, ID, also has a 60-day default on a potential 90 day meeting schedule, and he thinks that should also be changed to 120 days. Mr. Trias questioned why it was necessary to have default decisions. Ms. Uguccioni stated that she was not sure it was a necessity and has not ever seen where a Board could not get together a meeting to make a decision. Ms. Young stated that if the Local Planning Agency doesn't feel it is necessary they could delete it. Mr. Trias stated that he would like to have any and all type of default actions deleted from the entire ordinance. The Local Planning Agency agreed to that. Mr. Grande stated on page 22, section 1.10.2.21, in the middle of the paragraph, line 20, it discusses that the Historic Preservation Committee could modify adherence to the section and would suggest that it read, "recommend" instead of "could". He also stated on page 24, line 10, at the end of the line it talks about the staff of the Historic Preservation "Committee" and questioned if it should be the staff of the Historic Preservation "Officer". Ms. Young stated that the staff of the Committee would be the Officer initially and possibly in the future could have additional staff, so it is correct the way that it is written. Mr. Grande stated that on page 26, paragraph 2, line 25, the sentence should end with "lesser term". Ms. Young and Ms. Uguccioni stated that change would be made. Mr. Grande stated that he would like to commend anyone and everyone who worked on putting together the ordinance because it is a complex subject and document but still could be understood. Ms. Hammer stated that on page 2, Item 1, the last line, it should read "historic places", not "history places". Ms. Uguccioni confirmed it should read "historic". Ms. Hammer also stated that Item 4, should read "Port St. Lucie News", it was missing the "s". She also questioned why the very last paragraph on the cover page, compared to the original one presented to them in the draft dated April 7, 2004, eliminated the sentence "Of these, 329 were classified as potentially eligible for historic designation at the local level consistent with the local ordinance. In addition, the survey found the 20 buildings that were previously recorded on the State Division of Historic Resources site file, 10 unrecorded historic buildings had been demolished". Ms. Waite just stated that they were just trying to clarify the staff report and condense it for this presentation. Ms. Hammer stated that she thought it was an interesting bit of information. Mr. Hearn stated that in the future when a document is presented to them at one meeting and they recommend changes he would like to have those changes designated in some manner, maybe by a double line, so they can be sure that all of their requested changes were made. He also stated that he was not sure that just because the County has a scenic highway designation that it would cover all of the historic scenic vistas that are in the community. Ms. Uguccioni stated that she has never seen historic vistas defined in a historic preservation ordinance and feels that it might be something they should do some more research on and how they would relate to this ordinance. Mr. Trias stated that he feels the issue of scenic vistas is too complex to deal with at this point, would be detrimental to the approval of this ordinance at this point, and he would recommend approval without adding scenic vistas. Chairman McCurdy opened the public hearing. P&Z I LPA Regular Meeting June 17,2004 Page 19 of 27 '-rf '-' Mr. John Ferrick, 4802 S. 25th Street, stated that he agrees with Mr. McCurdy that the government should not be able to take away the property owners rights. Ms. Lucille Wrights-Murtow, 816 St. Lucie Crescent, Stuart, stated that she lived in Fort Pierce for 40 years and now owns a town house at 2711-B North A-I-A in Fort Pierce. She stated she was representing the Southeast Florida Archaeological Society and that the oldest house standing in St. Lucie County at this time is degrading because the owner is not maintaining it, it is not in a historic district, and would like to see something in the ordinance showing that one person could nominate a home to be registered as historic. She stated that eventually that home would be demolished by neglect and would like to stop that from happening. Ms. Young stated that the Historic Preservation Committee could nominate a home and if a citizen contacted them they could review the property and if warranted take forward a petition. She also stated that this ordinance would not apply to that house in particular because it is within St. Lucie Village and they are under their own jurisdiction because this ordinance only applies to the unincorporated areas of St. Lucie County. Mr. Rick Langdon, 9007 South Indian River Drive, read his letter into the record, which is attached as Exhibit "A". Mr. Phillip Stickles, 10800 Carlton Road, questioned if this ordinance would protect any historic or archaeological sites from the affects of neighboring properties. He stated that there are 528 acres preserved out west where the Paleo Indians had villages that could be affected by the operations of Dickerson's mine. He questioned if this ordinance would be able to protect that historic property and the neighbors in that area from the detrimental effects of the mining operation. Ms. Young stated that this ordinance is designed to protect the property itself once it is designated. She also stated that when any other proposed project is reviewed the impact on adjacent properties could be considered, but this ordinance is mainly designed to focus on preserving individual properties that might be facing demolition or demolition by neglect. Chairman McCurdy closed the public hearing. Mr. Trias made a motion to recommend that the St. Lucie County Board of County Commissioners grant approval to Draft Ordinance 04·012, Historical Preservation, as amended by the Local Planning Agency and accepted by Staff, not including the suggestions presented in Mr. Langdon's letter because there is no evidence of a negative impact from this ordinance and he has never seen any either. Motion seconded by Mr. Grande, with discussion. Ms. Hammer stated that she would like to have the letter from Mr. Langdon forwarded to the Board of County Commissioners with his concerns. Chairman McCurdy stated that Mr. Langdon had valid concerns and agreed his letter should be presented to the Board of County Commissioners. Mr. Grande stated that Mr. Langdon's letter should be included as an exhibit but it should not be considered an endorsement by the Local Planning Agency of recommending any of his comments be included. Upon a roll call vote the motion was approved with a vote of 6·1 (with Chairman McCurdy voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P&Z I LPA Regular Meeting June 17, 2004 Page 20 of 27 NOTIC....."F ESTABLISHMENT OR CHARGE OF REGULATION AFFECTING THE USE OF LAND The 51. Lucie County Board of County Commissioners propose to adopt the following Ordinance: ORDINANCE NO. 05- 003 (Formerly Ordinance No. 04-12) AN ORDINANCE OF THE COUNTY OF ST. LUCIE COUNTY. FLORIDA. CREATING CHAPTER 1-10.2 (HISTORIC PRESERVATION) OF THE ST. LUCIE COUNTY CODE AND COMPLIED LAWS TO PROVIDE FOR THE IDENTIFICATION. PROTECTION. RESTORATION AND PROMOTION OF HISTORIC BUILDINGS. SITES. DISTRICTS. LANDSCAPE FEATURES. OBJECTS AND STRUCTURES WHICH HAVE DEMONSTRATED HISTORICAL. ARCHITECTURAL OR ARCHAEOLOGICAL SIGNIFICANCE; CREATING SECTION 1-10.2-1 (SHORT TITLE) TO PROVIDE FOR THE ORDINANCE TO BE KNOWN AS THE ·ST. LUCIE COUNTY HISTORIC PRESERVATION ORDINANCE·CREATlNG SECTION 1-10.2-2 (PURPOSE); CREATING SECTION 1-10.2-3 (DEFINITIONS); CREATING ARTICLE II. HISTORIC PRESERVATIO.N OFFICER; CREATING SECTION 1-10.2-4 (APPOINTMENT AND DUTIES); CREATING ARTICLE III. HISTORIC PRESERVATION COMMITTEE; CREATING SECTION 1- 10.2-5 (CREATION); CREATING SECTION 1-10.2-6 (COMPOSITION; QUALIFICATION OF MEMBERS); CREATING SECTION 1-10.2-7 (TERM; REMOVAL); CREATING SECTION 1-10.2-8 (ORGANIZATION); CREATING SECTION 1-10.2-9 (MEETINGS; RECORDS); CREATING SECTION 1-10.2-10 (RULES AND REGULATIONS); CREATING SECTION 1-10.2-11 (FUNCTIONS. POWERS AND DUTIES); CREATING ARTICLE IV. DESIGNATION PROCESS AND PROCEDURE; CREATING SECTION 1-10.2-12 (CRITERIA); CREATING SECTION 1-10.2-13 (PROCEDURES FOR HISTORIC DESIGNATION); CREATING ARTICLE V. CERTIFICATE OF APPROPRIATENESS; CREATING SECTION 1-10.2-14 (REQUIRED); CREATING SECTION 1-10.2-15 (FORMS AND FEES); CREATING SECTION 1-10.2-18 (PRE-APPLICATION CONFERENCE); CREATING SECTION 1-10.2-17 (STANDARDS FOR REVIEW AND ISSUANCE); CREATING SECTION 1-10.2-18 (STANDARD CERTIFICATE OF APPROPRIATENESS); CREATING SECTION 1-10.2-19 (SPECIAL CERTIFICATE OF APPROPRIATENESS); CREATING SECTION 1-10.2-20 (DEMOLITION); CREATING SECTION 1-10.2-21 (ECONOMIC HARDSHIP); CREATING SECTION 1-10.2-22 (MAINTENANCE OF DESIGNATED PROPERTIES); CREATING ARTICLE VI. CERTIFICATE TO DIG; CREATING SECTION 1-10.2-23 (CERTIFICATE TO DIG); CREATING ARTICLE VII. APPÈALS;. CREATING SECTION 1-10.2-24 (APPEALS); CREATING ARTICLE Viti. PENALTIES; CREATING SECTION 1-10.2-15 (PENALITIES) CREATING ARTICLE IX. INCENTIVES; CREATING SECTION 1-10.2-28 (INCENTIVES); CREATING SECTION 1- 10.2-27 (TAX EXEMPTION FOR REHABILITATION OF HISTORIC PROPERTIES); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING; PROVIDING AN EFFECTIVE DATE; PROVIDING . FOR ADOPTION; PROVIDING FOR CODIFICATION A PUBLIC HEARING on Ordinance 05·003 (Formerly Ordinance 04-012) will be held before the SI. Lucie County Board of County Commissioners on Tuesday. January 25, 2005. at 9:00 AM or as soon thereafter as possible. In the County Commission Chambers. 3rd floor of the County Administration Annex. 2300 Virginia Avenue. Ft. Pierce. FI. Matters affecting your personal and property rights may be heard and acted upon. All interested persons are invited to attend and be heard. Written comments received in advance of the public hearing will also be heard. The purpose of this Ordinance is to protect the significant historic resources of St. Lucie County in accordance with the goals and policies of the St. Lucie County Comprehensive Plan. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committees, commissions, agency, council or advisory group. that person will need record of the proceedings and that, for such purpose may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal if' io be based. Upon the request of any party to the proceeding. individuals testitying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individuallestifying during a hearing upon request. This notice dated and executed this 14th day 01 January 2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA ISI Frannie Hutchinson, Chairman PUBLISH DATE: January 15, 2005 - .....,,¡ ~ . '-' .."." ITEM NO. DATE: 6 1/25/05 AGENDA REQUEST REGULAR: PUBLIC HEARING: CONSENT: ( x ) ( ) ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION dministrator SUBJECT: Staff requests that the Board review the resolution forming t Committee and provide direction if changes are required. BACKGROUND: See staff report FUNDS AVAILABLE: N/A. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board review Resolution No. 99-102 and provide direction if changes are required. COMMISSION ACTION: CONCURRENCE: D..APPROVED 0 DENIED otOTHER: Staff to re-agenda on February 71h and ex-officio to be added. County Attorney to make requested changes to the resolution Douglas Anderson County Administrator Review and Accrovals º County Attorney: D Management and Budget: D Purchasing: D Originating Dept: D Other: D Other: D 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. H:\RA Y\2005\AGENDA\1-25-05 FPHAC.DOC '-" ...., COUNTY ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Ray Wazny, Assistant County Administrator DATE: January 20,2005 RE: Fort Pierce Harbor Advisory Committee At the November 9th Board of County Commissioners meeting the Board directed staff to agenda in January 2005 the issue of the Harbor Advisory Committee functions. On January 13, 2005 the Harbor Advisory Committee met and determined that the original Board resolution (copy attached), passed in 1999, included the appropriate direction for the Committee. Additionally, the Harbor Advisory Committee requested that the Board of County Commissioners appoint a Commissioner to participate in their meetings as a committee member. The Harbor Advisory Committee also passed a motion to proceed with public use development of the Harbor Pointe property after a Charrette or feasibility study is conducted. RL W/jc H:\RA Y\2005\AGENDA\1-25-05 FPHAC.DOC '-' >."I RESOLUTION NO. 99-102 vP /7 l~pJìi7 1 . rv/&-~- /~ WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made I~ the following determinations: 'v) IJ~ ~:;. b~ r ?I'P ßtV} ~ ~ 1. The Seaport Advisory Committee was established by the Port and Airport Authority in ¿//'...rv i?Î~/,~~ ! - /')' 2. On April 13, 1999, the Board of County Commissioners changed the name of the Se ort 'Î'ø'" A RESOLUTION CREATING THE FORT PIERCE HARBOR ADVISORY COMMITTEE; AND PROVIDING FOR DUTIES AND FUNCTIONS OF THE COMMITTEE 1981. Advisory Committee to the Fort Pierce Harbor Advisory Committee in order to broaden the scope of the committee. 3. On April 13, 1999, this Board also discussed and approved the objectives of the Fort Pierce Harbor Advisory Committee. 4. This Board should create the Fort Pierce Harbor Advisory Committee for the purpose of advising the Board of County Commissioners on matters relating to Harbor related projects and to review and provide recommendations to the Board on Harbor projects and operations. 5. This Board should further define the duties and functions of the Committee. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby create the Fort Pierce Harbor Advisory Committee. Such Committee shall have the following duties and functions: a. To review and make recommendations Commissioners on Harbor related projects. ~ ¡It)· ~- .J- ~U;--.C-~/'I---- to the Board of County ¡;""'--"'7 þ~ . s:,,4. (...-~ l' /f'J r?1"J ßl-- I~' , . '-" "-' b. To identify and make recommendations on Federal and State Harbor project grants. c. To continually review Harbor operations, policies and safety. ¡lÞr"'~ To review environmental issues affecting the Indian River Lagoon and make recommendations to protect the bio-diversity of the Indian River Lagoon. d. 2. The actions, decisions and recommendations of the Fort Pierce Harbor Advisory Committee shall not be final or binding on the Board of County Commissioners, but shall be advisory only. 3. The Fort Pierce Harbor Advisory Committee shall consist of nine (9) members who shall be appointed as follows: a. Each Board member shall appoint one (1) member to serve on the Committee, and the Chairman shall be selected ITom these appointments and shall run concurrent with the term of the appointing Commissioner. b. Three (3) members shall be selected for appointment to the Committee by each of the following municipalities for two (2) year terms: 1. One (1) designee ITom the City of Port St. Lucie. 2. One (1) designee ITom the City of Fort Pierce. 3. One (1) designee ITom St. Lucie Village. c. The remaining one (1) member shall be appointed At Large by the Board of County Commissioners. d. All members shall serve without compensation. 4. Vacancies for all appointments shall be filled upon: a. Death of a member. b. Resignation. c. Removal by appointing authority. d. Three (3) unexcused absences in a six (6) month period. Vacancies shall be filled by the Commissioner who nominated the member who created the vacancy subject to the appointment approval of the Board of County Commissioners for the unexpired term only. ... / '-' ......, 5. The Committee Chainnan shall establish a time and place for holding meetings as shall be necessary and the Committee shall adopt such rules of organization and procedure as may be required. 6. The Committee may establish sub-committees for specific subjects or tasks from among its members. The Committee shall hold its first meeting as soon as possible from the date this resolution is adopted. 7. The County Administration staff shall provide support for the Committee and shall keep a record of its proceedings. 8. If any action, sentence, or clause of this resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this resolution. After motion and second the vote on this resolution was as follows: Chainnan Paula A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Cliff Barnes XX Commissioner Frannie Hutchinson XX Commission Doug Coward XX PASSED AND DULY ADOPTED this 27th day of April, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN .. . '-" ...." " APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY '-" IU ~,. .~}!),. 't!,.~ ""'t!)'l!!) FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting January 13, 2005 Convened: 3:05 p.m. Adioumed: 4:05 p.m. This meeting of the Fort Pierce Harbor Advisory Committee (FPHAC) was held Thursday, January 13, 2005 at 3:05 p.m. in the Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. 1. Roll Call Roll call was taken. Members Present: Mary Chapman, Chairman Howard Conklin, Vice Chairman Jeanne Hearn Pieter Stryker Jerry Kuklinski (alternate member) Commissioner Eddie Becht David Souza Councilman Christopher Cooper Bill Thiess Members Absent: Gail Kavanagh Also Present: Ray Wazny, Assistant County Administrator Heather Young, Assistant County Attorney Jim Reeder, Palm Beach Post '-' "wi Fort Pierce Harbor Advisory Committee January 13, 2005 Page 2 2. APPROVAL OF MINUTES OF THE NOVEMBER 19, 2004 MEETING It was moved by Christopher Cooper and seconded by Howard Conklin to approve the minutes of the November 19, 2004 meeting. The motion carried unanimously by voice vote. 3. OLD BUSINESS Chairman Mary Chapman said that she would like to establish topics that the committee will be discussing during the year. She suggested that each member come up with 2 different subjects. Howard Conklin said that the Bell property and the Port would be an ongoing issue. He said that he would bring up an idea of what the county should do with their 20 acres regardless of the surrounding property. Pieter Stryker said in conjunction with Mr. Conklin's comments he thinks that the committee needs to be considering the communications aspect the committee has with the Cities and St. Lucie Village, meaning that one of the assumed values of the group is the ability to communicate between the local government entities. He said that the committee has turned into a forum, adding value to the committee. Mary Chapman asked how the committee could be used as a forum to better communication. Howard Conklin suggested that the minutes be distributed to the councils of the local governments. Pieter Stryker asked how and to whom the minutes would be distributed. Jeanne Hearn asked the local representatives if it would be effective to distribute the minutes. Bill Theiss said that because St. Lucie Village has two representatives sitting on the committee any issue of importance to the Village is already brought back to the other members. Councilman Cooper said the distributing the minutes wouldn't hurt, but he gives committee reports at the board meetings to fill in the other Council members. Jeanne Hearn said that they are already covered if the Harbor members are reporting back. Mary Chapman said that she would like to set the tone for future meetings so that there is no filibustering, which has never occurred in these meeting, but has within other organizations. She said that public comments should also have a time limit like the County Commission. Howard Conklin agreed and suggested that anyone wishing to submit something in writing be allowed to do so. ~ ....,¡ Fort Pierce Harbor Advisory Committee January 13, 2005 Page 3 Mary Chapman agreed and said that there would be acceptions to the time rule when the committee felt it is necessary. The whole committee was in favor of the format of future meetings suggested by Ms. Chapman. Howard Conklin asked if Public Comment would be allowed at the end of the meeting as well as at the beginning. Ms. Chapman suggested that there be two public comments on the agenda. She said that the agenda would be set up in the following format: you'd have approval of the minutes first, public comments second, old and new business, and then public comment at the end. Mr. Conklin suggested that the final public comment be restricted to the items covered during the meeting. Jeanne Hearn asked if there would be opportunity to have public comment during each agenda item. Mary Chapman said no, because she has seen that destroy meetings. She said that she is looking for guidance. Mr. Conklin said that Mr. Chapman made good points, because during some of the meetings in the past two years members of the public have unintentionally disrupted the flow of the meetings. David Souza said that he would like the public to have comment before committee discussion. Mary Chapman agreed. She said that she would draft something for the next meeting. She said that she has seen too many meeting destroyed because two people are filibustering and nothing got done, everyone went away unfulfilled and angry. Jeanne Hearn said that she wants to make sure that latecomers sign in. She said that sometimes people don't come in to a meeting to avoid that. Jerry Kuklinski asked if it is appropriate for him to speak as a committee member during the meetings since he is an alternate. Heather Young said that it is up to the committee. Mary Chapman said that all viewpoints are welcome. Chris Cooper said that he spoke to Commissioner Smith who wanted to see the committee continue and he had no problem with coming to the meetings or to be the chair. Mr. Cooper said that he talked to Commissioner Hutchinson and she felt the same way about chairing, sitting in, or coming to the meetings. He said that Ms. Hutchinson's only concern was that sometimes she felt that the committee was operating outside of their jurisdiction on some issues, Le.: beach renourishment. He said that some of us see that as relative to the port. '-" '.,/ Fort Pierce Harbor Advisory Committee January 13, 2005 Page 4 Mary Chapman said that she got the same sort of comment from Commissioner Coward, and that is why she wanted feedback from the committee regarding issues they will be discussing. Chris Cooper said that he doesn't think that there is any wish for the committee to go away. Howard Conklin mentioned the county docks on the south side of the inlet. He said that fully utilizing that dock should be part of the committee's concerns. He said that is valuable property not being used. He said that up and down the coast of Florida marinas have been badly damaged by the hurricanes, and the pilings of the city marina are completely removed. He said that this is a community that a lot of people have boats. He said that access to the beach and water is an issue of quality of life in the county. He read from the attached article: A $50 million bond has been approved by Palm Beach voters that would give the county the right to buyout existing private marinas and to expand public boat ramps facing a critical shortage of public dockage the county is acting to reverse a trend of marinas being converted to condominiums. The next step is to take the momentum from the bill to the state legislature, and the Marine Industries Assoc. of Palm Beach is drafting a waterfront bill giving tax incentives to the marina owners that don't sell out. A similar bond measure is planned for Broward and Dade Counties as well. Mr. Conklin said that the article is saying that if marinas are bought out by private developers they come in and make the slips part of their private development; it's no longer a public marina. It has a negative impact on the economy and removes public access to the waterways. He said that he has been a boater all of his life and you can only trailer an 8 foot wide boat so the trend now if for bigger and bigger boats. They require to be left in the water so we're looking at a community that has had a dramatic drop off of available slips due to the hurricanes. He said that in the port itself there are three private marinas, the Pelican Yacht Club, the Inlet Marina (damaged and unrepaired), Harbortown Marina, which is under contract for sale and could go condo, and the county parcel, which is totally unutilized. He said that in view of the article and what is happening he would suggest, and the fact that Mr. Bell has done nothing, he would recommend that the BOCC look at their property as research whether it is feasible to convert it to a county marina. He suggested that slips be put on the interior opposed to just having megayachts out on the unprotected areas. He said the reason for excavation is that hurricanes are devastating to open water marinas. Howard Conklin made a motion of recommendation to the BOCC that the county do a feasibility study on turning the county owned property into a county marina for small boats as well as megayachts. He said that there is now a shortage of dockage in St. Lucie County, and the county has a totally under-utilized parcel that has been awaiting Mr. Bell's leadership. Bill Theiss said that was a good idea because not only the inlet area marinas in jeopardy, but Riverside Marina is under heavy pressure to sell. He has been '-" "wi Fort Pierce Harbor Advisory Committee January 13, 2005 Page 5 contacted by engineers that estimate 600-700 units on that site, and eleven-story building. He said the parcels south of there are under heavy pressure to sell. He said that rather than making a single recommendation they might want to give them a list of possible uses. He said that a marina only serves a small part of the county; a mixed used facility would be better for the community, for example a park or fishing pier along with the marina. Howard Conklin said that the committee has to be careful how they couch a motion so that they don't go beyond their borders of the committee and the port. Pieter Stryker suggested that they suggest to the BaCC that they explore any opportunities that might be available from the Florida Division of Bond Financing because they buy tracks of real estate by bond issues so it wouldn't have to come out of county revenue. He said that the state must know what is going on here. Howard Conklin said that he thinks the county has waited too long for Mr. Bell to develop his property. Jerry Kuklinski said there are two issues with the county property; one is access. He said that a plan was submitted to the county to develop the property for recreational use plus commercial enterprises. He said he would like to urge the county to purchase Mr. Bell's property to be part of the development. He said that with other opportunities to get funding it would be a good idea. Mr. Becht said that he is against asking the City or County to condemn the Bell property. He said that he it taking the position that if Mr. Bell wants to sell his property he can tell the local governments a price he will accept instead of chasing him. Howard Conklin restated his motion that the 20 acres that the county owns be excavated and put small boats on the interior part of the land, someone suggested a fishing pier, and the outside can still be used for larger votes. His motion is by Charrette or feasibility study the county come up with a plan on fast tract development of the parcel independent of adjoining properties. Bill Theiss said that motion would be better received if it were multi-use and that it be decided in a public forum, like a Charrette, to find out what the public wants. Chris Cooper seconded the motion. He agreed that the public needs to decide what should be done with the property and that it needs to be multi-use. Jerry Kuklinski said that there was a Cha"ette ten years ago. He suggested that the documents from the prior Cha"ette be reviewed. Mary Chapman asked that county staff forward the information from the Charrette to the committee. Jeanne Hearn said that as a taxpayer, should they consider the neighbor. She said that it would not be a viable marina next to negative development on Mr. Bell's property. '-' ....,; Fort Pierce Harbor Advisory Committee January 13, 2005 Page 6 Mr. Becht said that if the county property is developed in a non-industrial manner it precedes Mr. Bell's development and when he comes before a commission for approval it probably would limit his ability to have a heavily used facility. Mr. Conklin said that a marina would become impossible if Mr. Bell develops his property first. Mr. Conklin restated the motion that the proposal from the FPHAC is that either by County Cha"ette or Feasibility Study the immediate development of the county property at the port, and no longer wait Mr. Bell, to allow marina, fishing pier and other desirable uses for public access, and to explore the possibility of state funds for the project. And to take note of the article that explains what is happening south of St. Lucie County. Jeanne Hearn said that the only way that she would support the motion is if acreage is used for public use. Chris Cooper seconded the motion. The motion was approved unanimously by voice vote. Mr. Becht said that he has discussed the committee with the commissioners and Mr. Wazny, and the response was status quos. Ray distributed a hand out that showed the reaction from the BOCC to each motion passed by the committee within the past couple years. He said that this is important to see how the commission sees that committee and what duties are required. Jeanne Hearn said that she doesn't feel that any of the motions were out of bounds. She said that any motion that sparked thought or interest from the commission is important even if it wasn't passed. She asked if it is possible to find out what the committee is allowed to discuss. Mary Chapman said that every action that the board has made is within the boundaries of the resolution. She said that is why she wanted to get ideas of future topics to bring to the commissioners to see if the topics are okay. Pieter Stryker asked didn't we recommend that the commission attempt to take over Mr. Bell's property and that was begun, but later they backed off. Ms. Chapman said that she hasn't been around for long but she knows that far more items have been brought to the board. Joe Smith interrupted to say thank you to the FPHAC members for their hard work. Mr. Becht said that the time that he spends on the committee is well spent and just because the recommendations are not passed by the board doesn't mean that they don't stimulate thought or that the problem was addressed by other means. He said that he is not in favor of asking the county what they would like the committee to do; they have given the committee a resolution and if the Board decides to change it they may. He noted Paragraph 1C that mentions policy. '-' ...".¡ Fort Pierce Harbor Advisory Committee January 13, 2005 Page 7 Mr. Stryker said that he doesn't mind being part of a "heads up committee", and it concerns him that the committee was on the consent agenda and the committee was not informed. Mr. Becht said that he feels that the committee should continue to act within the confines of the charter until the board decides to change the charter. The committee agreed that the Resolution is adequate and that if the commission would like to change it they may. Ray said that the reason the board delayed discussion was that two commissioners were leaving. Jeanne said that she wants to know if a commissioner can sit on the board. Heather Young suggested that the report back to the board first ask if they want to appoint a commissioner as a liaison to the committee. Secondly, say that at this meeting the committee reviewed the resolution and are comfortable with that and would recommend no changes. Jeanne said that it be requested of the board to have the courtesy to notify the committee when they are one the agenda, and that the committee be supplied with the back up material. Chris Cooper made a motion that the committee continue to operate under Resolution 99-102. Mr. Becht seconded the motion and it carried unanimously by voice vote. Mr. Cooper made a motion that one of the Board of County Commissioner begin to attend or be a part of the meetings. Mr. Becht seconded the motion and it carried unanimously by voice vote. 7. ADJUORNMENT The meeting adjourned at 4:30 p.m. Respectfully Submitted, Jennifer Cruz, Recording Secretary · . '-" 36 FEBRUARY 2005 / YACHTING : n Ie iy :So iI- rs ill Ig 11- Ik ....., 'It "'" ~ v AGENDA REQUEST ITEM NO. .1 DATE: Jan. 25, 2005 REGULAR [x] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVAL TO USE PROPERTY SOLUTIONS FOR INSTALLATION OF TEMPORARY ROOFING ON CIVIC CENTER DUE TO HURRICANE DAMAGE. BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 001-1930-546100-190026 (Building Maintenance) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve Property Solutions for the installation of temporary roofing on the Civic Center. Property Solutions will supply and install a 40 mil Durolast roofing system at a cost of $152,900.00. MISSION ACTION: bc1 APPROVED [] DENIED [ ] OTHER: Approved 5-0 CE: County Attorney: Originating Dept:-!:::x.~ltC: Mgt. & Budget: Do g nderson County Administrator Purchasing Mgr.: r7? Other: Coordination/Signatures ---- Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\AGENDA\AGENDA-14-CIVIC CENTER ROOF.DOC "-' '..",I MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: January 25, 2005 SUBJECT: APPROVAL TO USE PROPERTY SOLUTIONS FOR INSTALLATION OF TEMPORARY ROOFING ON CNIC CENTER DUE TO HURRICANES ............................................................................... BACKGROUND: Strong winds and driving rain, produced by Hurricane Frances & Hurricane Jeanne, has caused extensive damage to the roof on the Civic Center. Staff received approval to replace the roof in December of 2004 and proceeded to obtain request for quotes for this work. Through the direction ofFEMA and as a protective measure to prevent further damage from taking place to the roof and interior of the building, staff will need to have the roof completely removed to the tectum deck and have temporary roofing installed. Property Solutions will remove the existing roof and supply and install a 40 mil Duro1ast roofing system over the tectum deck at a cost of $152,900.00. The existing AlC system will remain on the roof. By doing this work on the roof, the building will be dried in and secured and will provide staff additional time to evaluate the building. RECOMMENDATION: Staffrecommends the Board of County Commissioners approve Property Solutions for the installation of temporary roofing on the Civic Center. Property Solutions will supply and install a 40 mil Duro1ast roofing system at a cost of $152,900.00. ~. ..~.?__..~.~..:.?.~.E. ~ ProFert~ Solutions 81~60082 p. 1 Ja.n. ì O. 2005 3:00PM S.LC Cffl t ra J .~ . :J-efVlces Nü. 151 n e. r. 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DR DEU'"ERíP CONTACT PERSON AND ADDRESS/FACSIMILE NUMBER ABO\lE~ ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATiON' WILL BE suBJECT TO THE TERMS AND CONOmONS CONT,AfNED IN THE CCiNTFt.:l,.CT OR PURCHASE ORDER.. . INSURANCE REQlJíREMENTS: Com.-nercialljability $1 ,000,000 per occtJrranca. $2.QOO,OOO per jt:b aggregate; Automobile Liability S1.0oo,O.oo:: WO!'ke($ Comper;$Ition $500.000 SPEC1FìCATIO»'S 5££) ;4-7T,4C#£}) tn r:t: Win zo o~ - I tn~ tno :i~ :Er:t:1n 0«0 OW~ ~~~ z«>- ::JOo:: otnc( OLL::) U-r:t::f 00' CU-ü.i r:t:1-~ «tnc o~c( moc ~WZ zr:t:~ ::JI-c( OZ OW w:E _D- O- ::J::J .Jg . I- tn '-'" en Wo::: S:2o ffi~ en... w!æ ~æ ~:E ...~ !!2~ æz :E=» ~8 ""-' c: o :¡::¡ ëñ o a. .... o ~ - I/) °ë °E ~ >- - c: :J o Ü o o .... I o o o Cb I() I o .... C\ .... I .... o o - c: ro - I/) ëñ ~ ~ Q) c: .... .E I/) c: o :¡::¡ ro - I/) ~ .... o ~ .... Q) - :J a. E 8 "tJ .... ~ J: - "tJ .... Q) -.r; Q) (,) "tJro .- == ~ ro 5.2 .9 g .~ 0 ¡¡¡t: Q) :J"'-:" g~ ....C\ I/) . .r;.... 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Z W :IE e: ::Jqa w ¥ ...,; BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB PREPARED DATE: 1/24/2005 AGENDA DATE: 1/25/2005 001-1210-564000-100 001-1530-564000-100 FROM: 001-1210-531000-100 001-1530-531000-100 Professional Services Professional Services CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 7lflÞ BA05-123 '.'.'..'.~.,.'''~''''.''.. ··IAI'·· ., ,~" ..~ $1,286 $1,286 $1 ,286 $1,286 Total $2,572 Administrator and '-" ..~ INTERNAL REQUISITION AUTHORIZATION For Warehouse Orders and Other Quotations DEPARTMENT: ADMINISTRATION FUND: 001-1210-564000-100 DATA INPUT PAGE CLERK AB REQUISITION NUMBER REQUISITION 01/25/05 DATE DELIVER TO: ANNE BOWERS REMARKS: FOR NEW ASST. ADMIN. - FAYE OUTLAW #1 VENDORS: 27340 NUMBER NAME ADDRESS HOWARD INDUSTRIES INC LAUREL, MS 39443 SOLE SOURCE #2 NUMBER NAME ADDRESS EMERGENCY PURCHASE #3 NUMBER NAME ADDRESS ITEM QUANTITY UM DESCRIPTION NO VENDOR #3 UNIT PRICE VENDOR #2 UNIT PRICE VENDOR #1 UNIT PRICE TOTAL PRICE 1 ea Howard Desktop S465ML - Standard PC for FY 05 w/4-yr Warranty $1,286 PRICES ESTABLISHED BY: VENDOR #3 TOTALS #2 #1 $1,286 VENDOR REPRESENTATIVE #1 #2 #3 REQUESTING PERSON DEPARTMENT HEAD OR AUTHORIZED PERSON ONLY H:\ WIN\ WP\IntemalsCkRqst\HowardComputerFaye. wpd Phone: (772) 462-1681 Fax: (772)462-1443 "-" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 .."", IT Quote Date Quote # 1/10/2005 489 Name/Address COUNTY ADMINISTRATION * *REVISED* * 0~ :tJ: {clIC' ( ) '-'/ QUOTE VALID UNTIL W.O. # REQUESTOR 211 0/2005 54179 ANNE BOWERS Description Qty Rate Total Howard Desktop S465ML - Standard PC for FY05 1 1,286.00 1,286.00 3.2 GHz, Pentium 4 Processor, Motherboard 512MB DDR SDRam Floppy Drive CDRom Drive 40GB Hard Drive Integrated Intel Proll OOVE Network Card Integrated Intel 845G Extreme Graphics Video Card Integrated ADI Sound Card Microsoft Windows XP Professional 17" Viewsonic Monitor Mouse, Keyboard, 2-Pc Stereo Speakers Microsoft Office Professional 2003 4-Year Standard Warranty (No Refresh) VENDOR INFORMATION: Howard Computers 580 Eastview Drive Laurel, MS 39440 The goods and/or services as quoted hereon have been requested in the T ctal quantity and quality stated. Quotes are valid for 30 days unless otherwise $1,286.00 stated. AUTHORIZED SIGNATURE ~ R Ío) r;J f1 í\n , r l~ llr¡ ..~ Ii ,,'1 . ,I ,.....----. -..-...-. - . f., . "' ~ "", .112005 CC /~. 'w ..., INTERNAL REQUISITION AUTHORIZATION For Warehouse Orders and Other Quotations DATA INPUT PAGE CLERK AB REQUISITION NUMBER REQUISITION 01/25/05 DATE DEPARTMENT: STRATEGY & SPECIAL PROJECTS FUND: 001-1530-564000-100 DELIVER TO: ANNE BOWERS REMARKS: FOR STRATEGY & SPECIAL PROJECTS DIRECTOR. - MICHAEL BRILLHART #1 VENDORS: 27340 NUMBER NAME ADDRESS HOWARD INDUSTRIES INC LAUREL, MS 39443 SOLE SOURCE #2 NUMBER NAME ADDRESS EMERGENCY PURCHASE #3 NUMBER NAME ADDRESS ITEM QUANTITY UM DESCRIPTION NO VENDOR #3 UNIT PRICE VENDOR #2 UNIT PRICE VENDOR #1 UNIT PRICE TOTAL PRICE 1 ea Howard Desktop S465ML - Standard PC for FY 05 w/4-yr Warranty $1,286 PRICES ESTABLISHED BY: VENDOR #3 TOTALS #2 #1 $1,286 VENDOR REPRESENTATIVE #1 #2 #3 REQUESTING PERSON DEPARTMENT HEAD OR AUTHORIZED PERSON ONLY H:\ WIN\ WP\IntemalsCkRqst\HowardComputerBrillhart. wpd Phone: (772) 462-1681 Fax: (772) 462-1443 ,-,. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 ...",; IT Quote Date Quote # 1/10/2005 491 Name/Address COUNTY ADMINISTRA TION/ Strategy & Special Projects Div. /) ¥ l"560 '-' QUOTE VALID UNTIL W.O. # REQUESTOR 1/10/2005 54179 Anne Bowers Description Qty Rate Total Howard Desktop S465ML - Standard PC for FY05 I 1,286.00 1,286.00 3.2 GHz, Pentium 4 Processor, Motherboard 512MB DDR SDRam Floppy Drive CDRom Drive 40GB Hard Drive Integrated Intel Pro/100VE Network Card Integrated Intel 845G Extreme Graphics Video Card Integrated ADI Sound Card Microsoft Windows XP Professional 17" Viewsonic Monitor Mouse, Keyboard, 2-Pc Stereo Speakers Microsoft Office Professional 2003 4- Year Standard Warranty (No Refresh) VENDOR INFORMATION: Howard Computers 580 Eastview Drive Laurel, MS 39440 The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $1,286.00 stated. 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U1U1 0 000000 0 000000 t-) I AGENDA REQUE~ ITEM NO.8 DATE: January 25, 2005 REG U LAR [X] PUBLIC HEARING [] CONSENT [] TO: SUBMITTED BY WEPT): Board of County Commissioners Administration SUBJECT: BACKGROUND: Code Enforcement Board The Code Enforcement Board currently has two FUNDS AVAILABLE: N/ A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board select two at large appointees from the attached candidate applications submitted to fill the two vacant at-large appointments. COMMISSION ACTION: htAPPROVED[] DENIED rr OTH ER: Approved 5-0 Vote: Mitchell Rech - 2 Philip Stickles - 3 Keith Pickering - 4 Douglas . Anderson County Administrator Julie Orben - I (Ketih Pickering and Philip Stickles appointed.) Review and Approvals County Attorney: _ Management & Budget: Originating Dept: _ Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 ~ \wi fFoì) © Œil-1,r~ L ¿ I JAN f 2 mi Iæ; l J St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees CG. ADMiN. OFFICE Thank you for applying for a position on one of St. 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 complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: M I fche/ I E, /2e.e--h Phone: 772..- 87c;J- OOc:::J7 3. Home address: A 4LJb tV t /!¿:Jl.1.JS tiel PSt.- ;¿4Q5Z 4. Which commission district do you live in? 5. Business/Occupation 1 r~ç/' - Inc¡ 6. Business address: ;tI/A 7. Brief resume of education & experience: (Please attach resume) 8. Do you currently serve on a county committee(s)? If so, please list: )../0 9. Why do you think you are qualified to selVe on the committee(s)i~ica~? J ~::~~/14 '-~?"'~/<!'''' "."" In ß'¡"rt::. ì Igr",,L 10. Would you consider "~'V'ing on another board other than the one(s) stated above? (Please specify) A/o '-' ."wI , 11 . Comments: <: ~eA-lrt!"¿ f r¿Sld¿/7f" Cf rI ,;l!UDe. f:..o, 1&1'" 5~ o/Yf, s,~:::U~$Eë~-- /:<Ph1¿Pr)' rl ' DATE: /D J¿;,., /25"" St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: n Beach Preservation Task Force a Board of Adjustment n Central Florida Foreign-Trade Zone, Inc. n Children's Services Council n Citizen's Budget Development Committee X Code Enforcement Board n Community Development Block Grant Citizen's Advisory Task Force n Contractors Certification Board n Cultural Affairs Council n Emergency Medical Services Advisory Council n Environmental Advisory Committee n Environmental Hearing Board n FI. Dept. of Children and Family Services Committee District 15 n FI. Dept. of Children and Family Services Nominating Qualifications Review Committee District 1 5 a Fort Pierce Harbor Advisory Committee a Historical Commission a Housing Finance Authority a Investment Committee n Library Advisory Board a Planning & Zoning Commission/Local Planning Agency a Restudy Coordination Committee a St. Lucie County Recreation Advisory Board a Tourist Development Council a Treasure Coast Health Council, Inc. a Treasure Coast Regional Economic District/Overall Economic Development Program Committee a Vegetation Protection Committee APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 '-' ""-" St. Lucie County Board of County Commissioners ApDlicatlon for Serving on County Boards and Committees Thank you for applyIng for a posftion on one of St. 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 commlttep.s 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 complete the foHowlng Information: 1. Please Indicate the commlttee(s) you are Interested In. See the list below. 2. Name: 4/1,t;7 ~è,klrl Phone: 7'72- 'f¡'-1- tJ6'~3 3. Home address: /Cð'CO C/4,,z ¿. reiv' æpÑ~ Pr f1k-'Y~-, h 3¿¡ fJ 7 4. Which commission district do you live In? ::J)Jsk I é-r .s- S. Business/Occupation ÚY1 Trz.u Lt ¿n. - -rla.:;- t? F Ærz-T ¡q t:'Y~ 6. Business address: /F n.f#-r.,;~A?4/V~ Jv~F 7. Brief resume of education IS! experience: (Please attach resume) JEE ?,/77'19C-1-/c=v r?&7"'Nt=:" 8. Do you currently serve on a county committee(s)? If so, please list: l'V'a 9. JV . .-. ,_.. --. -..-----, .,- TC'T77QhTOr: OC~Qa "~~7/CT/TT 10. Woul(¡ _ /u consl~ervlng on another board other than tt ,-,ne(s) specify) £3 ...r w/lflLo A,/'T frlllJ/G, ::r AM -Z""'I VI ¡;OO 'Þ¡. -?fF e: ...$'7"". Lv- t-¿~ 4 .,.---~ . 1 1. Commenµ: --L /" :r /fa'..~ TV ~ n-e r. ~^ :;:t)1./7?z-tér ¡Ç. /tJr SIGNATURE: ~4~t~ DATE: Mý~I'6éx.... /~ 2f/O~. red above? (please ~ ,;I 4Af.?//f..r~/~ fHr r,4T e: 6'~' St. Lucie County Advisory Boards and Committee Citizen ADDointments Available Please check the committees you are interested In: a Beach Preservation Task Force a Board of Adjustment = Central Florida Foreign-Trade Zone, Inc. a Children's Services Council X CItizen's Budget Development Committee K Code Enforcement Board a Community Development Block Grant CItizen's Advisory Task Force a Contractors Certification Board a Cultural Affairs Council a Emergency Medical Services Advisory Council a Environmental Advisory Committee ti EnvliOnmental Hearing Board = FI. Dept. of Children and Family Services Committee District 15 a FI. Dept. of Children and Family Services Nominating Qualifications Review Committee District 1 5 ì5 Fort Pierce Harbor Advisory Committee a Historical Commission a HousIng Finance Authority a Investment Committee a LIbrary Advisory Board . X Planning & Zoning Commission/Local Planning Agency a Resnrdy CoordinatJon Committee a St. Lucie County Recreation Advisory Board a T ourtst Development Council a Treasure Coast Health Council} Inc. a Treasure Coast Regional Economic DIstrict/Overall Economic Development Program Committee a Vegetation ProtectJon Committee APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrators Office, Missy Stladle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 .ITI.''''''""J ......... ..,T......nï 1'-" TC"T77C¡"'TCr. CC'QQ hQQ7/CT/TT '-' Philip S Stickles 10800 Carlton Road Fort Pierce, Florida 34945 (772) 489-0603, Cell (954) 683-6851 '."",; EDUCATION: 7/1988 - 5/1989 University of Michigan, Ann Arbor, Michigan Major:l\ccountUlg 8/1989 - 5/1995 Broward Community College, Davie, Florida Major: Business Administration & Accounting SUMMARY OF EXPERIENCE: 1/03 - Present PORT OF FORT PIERCE (Indian River Terminal Co. ) CONTROLLER Shipping Port Terminal Operator - Fort Pierce, Florida 9/03 - 11/03 RIVERSIDE NATIONAL BANK Communications Dept Audit. - Fort Pierce, Florida TEMP ASSIGNMENT (w/ moving) 9/00 - 7/03 INVICTA CORPORATION Eyeglass Manufacturer - Boca Raton, Florida CONTROLLER / ACCTG MGR 8/98 - 9/2000 WW ACCOUNTING GROUP, CORP., CONTROLLER / CFO l\ccountUlg for Technology, Entertainment and Leasing Companies - Ft. Lauderdale, Florida 6/97 - 8/98 CRANE ACCOUNTING SERVICES, INC., STAFF ACCOUNTANT l\ccounting the National Council of Senior Citizens properties in US - Plantation, Florida 2/94 - 12/97 THRIFf MANAGEMENT I LINEN SUPERMARKET STAFF ACCT / ANALYST Discount Retail Company - Hallandale, Florida PRIOR EXPERIENCE UPON REOUEST REFERENCES Professional Kenneth Roberts- Port of Fort Pierce (772) 465-7700 Alan Yuster, President - Invicta Corporation (561) 997-2959, Home Personal Ellen Faulkner, Weston, Florida (954) 389-7253 (8 years) Cheryl Nelson, Coral Springs, Florida (954) 796-8775 (18 Years) 3åL .Aatrtll Fort~I..Io4B Pnon.: na ....,. FoR: 172.0466-Ml1e Thtc' Law Oftlc:es of Keith C. Plckenng, P A Fax To: ATr.MfiSY -_. From: K. Pickcrìns Fax: PhotIC: ro¡¡n: ---" Date: Re: Urgtlll For Review Pl~ Commcnt P.....,R.J11y PJeasc Conl&"t Keith left 1 pag_ outl ..... they are, Tem CONFDI!NTIAUTY NOTICE --.-_...___10__....-..... ~-.. -..... _..... _,- It 10 _ Gft/ytG,....__ ----"""""""..-w_.,._ot............__t.,....._. .-..- .._1Iy ---... - __ -----or ..... .., ~ ~. ............ ., CoePrInI 01 .. DOIN\twnil;ll"'" II. etrtctty InOIàIIIMd. If _ _ III. _.1__..... hi _, _ ~ ~ .... -.,.......-.... -.. ............._tothe_"'..._ _ via u.s. ....... n:j':.·I_~H 10. H"~ """'·'4';'2i~J1 :- I.U':.i1:. '0 ;UII'~,I: Would you ·r.;"...' ........ on ._ _ ",hot, ."." .... _(0) .....d mow? <- ~~~_u.____.._-___ -__ ....--..----. ---.----.. ""'~/~. u_ II. eommon.., ~;rT~U':t1W~ - ."- - r ..---0 S< Lucio County Ad~ and CcrMnIttN adz.., ÁDDClirolmlnts A.ilGlt ')ea1P chICk thf cnn,m!tttes you an Interested tn! .. S..ch PtUorv~don TAl< F.r.... a IIo¥d.' AdJustmtnt · Contra, Florldi For.TI1d< ZaM, Inc. rt CIIlldlen', Stntces CowKU · CItizen's ...dJet DtvelQpll1er,' ComMltIH ..' Co<1o En!orcemollllolod 1& Communi!)' Dtveloll'nf!nl IIðcIc (¡I'M! otJ,~'. Adv1sl><y TMk Fort. · C.ntrlcœn CerlltlcJtto. ØNrd II CulttJr.l AII.Ir~ (".(IUndl II Emorpncy Modk.1 S."kes Ad'lilory Council .. Envlro"""",ul AdvIoœy Com_ a þvl........-uJ IW..,,,, Boord , II' Fl. Dop'. of CIIIId,.n and Famll)' SoMeos eonm_ Dtsl~<t .5 · Fl. Þ"'l. .f ChIldren and FomIIy SoMcos NomIMIrc Qu.lI1Icadono R.evlew CommlllOt DIItrln I 5 II F.rt PI",..,. IiMbor Ad\Ikðr¡ ~t II HIllDrlc.J Çommlulon II Houq fln.1nœ Authority II Inv_1 ComIIIItItf ø l.ilmry AdWoIy &oard II PlIIIM1I_ Zoalnr ~LoaI Planni". .......Cy II R!IIudy CoordInIdon Conunlttee II 5t. Luc~ O>\Jnty lecread.n AdvIoœy 8o.ord II TolJl1n Developmtnt CoIIncJ1 II T"'~5Urt Coast HftIch Council, Inc. II T_", Coast IIIItonaI Ecc...mIc D\arlcrlO¥oraIl EconcJmIc DtwIopment Protnm CommlttH II V........... Protection CommInH mLICATION WIl.L REMAIN UnCrlVE FOR ONE Y~R 511_... 5t. LIIdo ~ ._', OftIC', Mia)< SdIdI. 2JOO VI!IIhI' Av....., Fott Piora, 1L J4912 _. (772) 4é2·1156 ._-"-- - - - NOV-15-04 05:22 PM KEITH Ul~/~¡¡¡iJJ Jt.::¿b ~I!i' ··~"..H '-" 7724663S116 P.02 ':! L.IJ\~ll:. I~U ~Llli :1' "wJI ",¡;¡r:i:, ~~ ~",..l . JI,;:' ""'. . CÒUNl y' .... f ,) (I r I' I' ,. ~..-....-- ...-... . it. Lucte Coun'Y IQArd of County Commlsslo.nm A1mÐçallon for .S~rvln2 on çountv Boards ancf Commhtw Th..nk y~ fur êlppJy1ne for ¡ posfclon on Ont of St. Lucia CountY's many advisory Þor.trds and committees. The minImum requirements for commIttee membtnhlø Ire: · MuSI be a County reJldent · Must not be relnf!d to anotlwr 'ommlUH member, County CO:T1mlssloner or County emølo)/'te Involll~ willi tilt:' LummlttN of Interelt. .. MU3t not M t!11ploy.:rJ by tl-¡e sam, ~In~ endcy 11 other commlttA!" members. .. Must not ~rve on mort th.Jn 2 COt1h~ committees Note; Some commlttffi have addItional requlremenÞ: ¡)Iuse II'\(ulre when submltUng this appnc~on. /' addiöon, service on commtuetS with pl,nninl, lQnlnc or naturel resOUrcfS rnponslblUdes may rtqUr~ cUsdOlure 01 tlnanclalll'lwrtstt. Pl9st compl!tt the followtn.lnrormatlon. J. Ptf~f Indlace tht (ommlttee(s) you .tre In1;erested In. Set the list billow. 2, Ham.. f....\\... ~7- Phon., {î' ~ '\- ~ _L.-=..I'!Þ "I~ 3. Home addnw: ç: t\ '3~~ ~ L..Þ.."-.æ,,iG'~ t!'.~_'" 10\ ~...::Lt1~t...~ .3 '+-9 II' 4. Which commJulon district do you live! In? ._. ......_H...._'_____.·,&,....._._~ 5. BudneJ:OcClJpadon ~ ~~....~ -0\- ~!fo,~ 6. 1kJ~~ ~reJ5~ ~ ~._ ~ E+ R~\.L~_ -.".-.--.- 7. Brief rlsume or tduc~~n I[ el(perl.nce: (Ple~e attach rttumt). _i \ .... \ 0 \ LÞt . lo.~ S~.} - L.'j.\~ -~. ~~ ":::.-.:K't~_t~~~_.--Y"" -,0.,.. ~I . Ifa 'f"W\A p.... t..~, Ir.I "''':, I 0·... ~ .___ !.+ L....Lt_ ~....o\.:::) .-.-.-..---............-----.- 3. Do you (\lrr~J'ltly 5em on ~ county t'l'Vnmlttel!(s)? If ~n, piNs! list! ....cD.~~~...!"'of"'O""-IAIo..oIL_~ _ !.oo..""A.. ._._______ 9. Why do YOU think you are qu;,Jlfllld to sen.'. on thf commlt.ttis) Indh:at~d? ~ ~- ... Y'."CSI.~-l- ~.t.~-L-...-..s...l~ ~ -;=., ~~;~..~ ~~. ~ -L:"'~'- ¿,~~:r-~"C. - -- - HOV-15-04 05:23 PM KEITH 7724663916 P.03 11, l5/2lH:\4 H: J;b ~H¡'\' "~-j!~, LIX:lé: CLI A11rUj fJAæ:. 1)2 10. Would yau conh.tr set'V118 on another board other thin th. ~ luød abo\ft~ (PINCf specify) ..~ _ T 4.'- _..____._.___.._._.__. . _ _~ It. Commenb: --........- --....'....- SICiNATURE: _~~-:-- :;. ,p....d... . .~ DATE! 1I_.m .~ ~H' ( ,..--- .--..-.....-- St, Lucie County AØvlsorv Boards and Cotnmlttee Clt.b:en ADpolntm,nu Avaltj.hl! Plf3W eneck· tht committtes you are Int@rfs!ed In: a Beach Prt5C!rYatlon Task Fore. tI ~rd or Ad/ustment 1:1 Central Florida ForeJcn-Trad~ Zone. Inc. rt ChiJdrln'5 Strvlces Council !i'.......CltIlen's IUdltC Development Commltttt . Code Enforc.mfnt Board II Communlt:)' Development Block GrAnt C:ltI1ton's Advisory Task Fot(f' . Contractors C.rtlftculorl BoArd ø Cultural Âffall'5 Coundl ø Emergency Medtc.:cd Str\lke~ Advisory Council a Envirorvnental Advisory Committee n ..,Envlronmenul H..rins B~rd rr Fl. Dept. of Children and Fimlly Servtces Committee District 15 a FI, Dept. of ChIldren and hmlly Services Nomln3t1ng Quallftca.tlon5 Review Committee DtstrIct 1 5 a Fort Pierce H¡rbor Advisory Committee a Historical CommiAion a Housh1l Finance Authority Q Invtstment Comminee ø Library Advisory Board II Plo1nnlnr el Ionrn. Commlsslon/Lcx.a1 Planning AKenCy II RestUdy Coordination Committee tI St. Lucie COunty Recreation Advisory Board II Tourist Development CoundJ a Treasure Cout Health Council, Inc. II Trtuure Coast Rqional Economic District/Overall Economic DeVeloþment Procram Committee a V@8f'btl()n Protection Committee APPLICATION WI1.l REMAIN EFFECTIVE FOR ONE YEAR Submit to; St. Lucie: County Administrator's Offt,., Missy Sdadl'! 2300 Vlr¡tnla AV'mlt, FOrt Pltret, FL 34982 Phon.: (772) 462-1156 2 rtu:;-2~-~4 ~j: .....'~ ~t"~CIUCi FAX t-...D. : 561 464 9301 .....i'!DE"-:.·::.... Aug. 23 2004 10:52AM P2 ~"14"-"'48 ~·.Ö~ F~Ot1 LPPDA INC ~"". 4' _ '. . ~ r. COUNTy....'· ì lOR t () A " ~{¢)r~S c:'.. r r!..:~ "'''Ä~.' ,).. ... "I:.. "-!'11' ...: .B~.rci cl' CcUIHV (;omm]a;~ ADcUcatton for ServtnR on County Boardi an~ ~mmltt!eS ThOlIl!< !-I~I for a~~1y!"~ ÍC\':' If ~~It.IN'! .,'" ,,~ t.tf ~t. ~ \I~t'! C:>unÞ,rl.. m,"y advscry bQ.;rtú; imrj Co",rn~tlt"~t Thf m!fI~1,t1'\'l ~urem.r:"- ~r commttt~ mf.m~rshlp .11'1: · Must b! a CQtlnty rt:$fdent · Must not be relar~~ ~(. .¡.,:)thí:i .:t;:-.,mIttee member. County Commissioner or County employet Involved with the c:ommlttt!!! QF Interest. . · Hun not be empID)'~d by the. same blDiness t1\tity as other commltt.e membérs. " t'~lI~ I'IÄ itrl/ê l:i'n m~ t1\a1'1. 2 ~~~i ~:':":,~tt".4:: NQttt :.on'le commtttet$ ttave aååhjg~i l"Wq\.lirtlm.nts, pìe:oISl inquire w!'len subndttlng thIs apçl~~;lt!Çf!. IF'! .~~o;I!tk!n. !",P-rv!CI! on commlt:tees with plannJn¡1 %on1nl or natural Nsourç-u respoMlbllltles may requIre dlJcløsu~ of !!na!\CLaJ 1rú:~rclstS. Pluse complete the followina Information; . 1. Pleasé indIcate the comml~e{s) you are Interested In. SeE th~ list Þtlow.ßZ-~JJf¡çoIGJ 2. Name-:,:J;;J¡~ óteJxtì Phone: "77ø· tj(Æ-3ð5Y 4CoY~377 3. ÎP-¡; ~~ d)yj 1M Ø;/t{) - 1-IJffcg}y)j) 11td-,. 3þ5/ 4. W..!Äh <omm1sSlon dlml~t ~OIJ lNe I~ W.d~e:t 0 s. BMnw/Occup.1t1on .1)_ . (/ p~_~ ./\/_ 'l,n"pJ"::" ~ z:::.7: \~~b5.ty- L/1ff~ ~~~ T~' 6. Business a~t$si :7õ025_ TG1l1f/lC¡:5 ~- FROM : LPPDA INC AUC-2,;' ,,: 2'''t......~ t="1"i~:11. . FAX NO. : 561 464 9301 Aug. 23 2004 lØ:S2AM P3 :.1; .4!.......,¡104-0 ! .1.."-' 1~ ~J~I!: ~.I~ ·1 10. Would:yO\) consIder serv1n¡ on another board ether than che OI'1t(5) lUted above? (P\ea5e spec(l-.,) . ·YC.::? - r::!ðcfi.c: £/lfÓyCl:l?toeG s.t. Luc]t CountY Adv'sorv Boards and C9mm1ttee Cltlzen ADDo!ntme~ Av~IIJbl, Please check the committees you art InteréSted lru = Be.ach PresernUOl1 '(ask toree ø Bn:lrrl of Adjustment 1:1 Central Florldi Fore1¡n-Trade Zon~, I"c:. a Chlld~nJs SETifk:es Council a CItlzen}s Bu~t Dev!1opment Con1mlttee a Codt Enforctment Board IS Community Development Block Grant CItIzen's Advisory Task Force IS Contltlcwr¡ Cemftgtlon BDard I: C1Jlwral Affærs Council I:: Emer-¡enC)' Medical Sef'\IÍces Advisory CouncU 1:1 Envlronme11t.aJ Advlsol')' Committee ~ !.nvlronnwnut Hurln¡ Board a Fl. Dept. or O1tldren and F.am!1y Sèrvtœs Committee District 1 5 a Fl. l)ept. of Chlldren and FamIly Servlcts Nomlnatfn¡ Qualifications R~yJew Committee Di5trlå. 15 Fort Plercê Harbor AdvISOry Committee HistorIcal Commksfon HOtJs!n¡ Finance AuthQrfty In vestment CommIttee AcMso Board Plannln It Zonln Cammtsslon/Loca1 Plannln¡ Â~n eswdy (:ooro¡natlon Committee C* St. LucIe County ~eaeJtIon Advisory Board :I Tourist Develoøment Coun.cll IS Trtæure Co.m Health CouncllJ IrK. ~ Treasure Com ke¡lon~! Economic District/Overall Ecot'lomk Dev~lopment Pro¡ram CornmIttHh= Ve~tion ProteaJon Committee APPUt:AT10N WILL REMAIN EFFECTIVE FOR. ONE YEAtt. Submit to; St. lucie CountY Admlnlsc-ator's Offlce, MISsy Stiadle .2300 Vtndnl~ AVéf1Uf, fort Piel'œJ FL 3~ge2 Phone: (772) 462·11 S6 2 01/22/05 FZABWARR FUND 001 001142 001155 001160 001165 001168 001290 001292 001293 001814 101 101003 101006 102 102001 105 107 107001 107002 107003 107138 113 114 116 121 123 127 128 130 136 138 140 140001 140332 140337 160 183 183001 183004 183006 185003 185005 201 310002 310003 315 '-" ST. LUCIE COUNTY - BOARD WARRANT LIST #17- 15-JAN-2005 TO 22-JAN-2005 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY01/02 USDOJ Violence Against Women Grant Section 112/MPO/Planning FY 04/05 CSBG Grant FY05 Urban Mobile Irrigation Lab 04/05 CTD Medicaid Non Emerg. Trips TRIP TDC Planning Grant FY 05 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper USDOJ Local Law Enforcement Block G Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Blakely Subdivision Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund Storm Water Permits Install Perimeter Fencing #412400 Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY02/03 FHFA SHIP FY04/05 So County Regional Stadium Debt Impact Fees-Parks Impact Fees-Public Buildings County Building Fund EXPENSES 1,066,943.20 5.44 19,740.36 5,623.24 1,422.92 15.40 105,364.00 53,210.08 30.95 16.82 48,707.47 2,374.91 2,800.00 41,702.65 1,425.00 20.24 294,979.42 10.56 11,718.91 30,667.71 16,644.04 212 . 38 465.65 518.25 129.21 771. 55 70.96 266.76 340.19 448.31 24.20 1,350.08 110.65 9,154.92 100.77 15,533.58 11,735.00 1,830.17 261,672.36 14.88 35.20 2,796.58 250.00 25.30 46,902.53 127,519.00 45,936.26 1,313,353.17 '-" PAGE PAYROLL 26,371. 65 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 01/22/05 FZABWARR FUND 316 382 396 401 418 421 441 448 449 451 458 461 471 478 479 481 491 505 505001 611 625 ~ ST. LUCIE COUNTY - BOARD 'w1I WARRANT LIST #17- 15-JAN-2005 TO 22-JAN-2005 FUND SUMMARY TITLE County Capital Environmental Land Capital Fund Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 106,096.24 3,690.00 220.00 360,223.80 13,639.52 6,823.29 2,698.31 1.77 8,780.49 1,911.47 2,888.38 6,075.41 19,681.40 0.93 141,865.09 1,842.44 19,458.79 266,240.61 14,436.07 5,613.75 12.42 4,527,191.41 PAGE 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 6,994.89 0.00 0.00 0.00 33,366.54 2 ~~,/' '-' ....., AGENDA REQUEST ITEM NO. HI/ DATE: January 25, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-043 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-044 Extending the State of Emergency for Hurricane Jeanne BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 05- 043 and Resolution No. 05-044 and authorize the Chairman to sign the Resolutions. COMMISSION ACTION: !XI APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dou as Anderson County Administrator County Attorney: Jv Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 '-" """" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-079 DATE: January 18, 2004 SUBJECT: Resolution No. 05-043 Extending the State of Emergency for Hurricane Frances; Resolution No. 05-044 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: 1. Draft Resolution No. 05-043 extending the state of emergency for Hurricane Frances until February 5,2005 at 4:00 p.m. 2. Draft Resolution No. 05-044 extending the state of emergency for Hurricane Jeanne until February 6,2005 at 7:00 a.m. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-043 and Resolution No. 05-044 as drafted. DSM/ caf Attachments '-" ......, RESOLUTION NO. 05-043 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE FRANCES) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 1, 2004, at 4:00 p.m. due to Hurricane Frances. 3. The effect of Hurricane Frances has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until February 5, 2005 at 4:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective January 27, 2005 at 4:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx '-' .....,¡ PASSED AND DULY ADOPTED this 25th day of January, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' ~ RESOLUTION NO. 05-044 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE JEANNE) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 24, 2004, at 7:00 a.m. due to Hurricane Jeanne. 3. The effect of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until February 6, 2005 at 7:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective January 28, 2005 at 7:00 a.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx '-" ~ PASSED AND DULY ADOPTED this 25th day of January, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY , AGENDA REQUEST ~MNO. C2B DATE: January 25, 2005 REGULAR [ ] PUBLIC HEARING [ ] TO: BOARD OF COUNTY COMMISSIONERS CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easement Engler - Tax I.D. No. 2429-441-0003-000/9 - Parcel 722 BACKGROUND: Please see an 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. October 12, 2004 - Board of County Commissioners approved the Contract for Sale and Purchase with Carmen and Nancy Engler for a Temporary Construction Easement. RECOMMENDA TION: Staff recommends that the Board accept the Temporary Construction Easement, authorize the Chairman to sign Resolution No. 05-042 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. [)\1 APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Approved 5-0 /4/ Review and Approvals [XX] County Attorney: ] Public Works Director: ] County Engineer: [XX] Originating Dept.: jw.J.. ] Road & Bridge: ]OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\25th Street\Engler\Agenda Request Accept Temporary Construction Easement.wpd .. '-' ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: January 25, 2005 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easement Engler - Tax LD. No. 2429-441-0003-000/9 - Parcel 722 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, Permanent Easements, and Temporary Construction Easements for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On October 12, 2004, the Board of County Commissioners approved the Contract for Sale and Purchase with Carmen and Nancy Engler for a Temporary Construction Easement on Parcel 722. Attached for your review and acceptance you will find the Temporary Constr.uction Easement. RECOMMENDATION: Staff recommends that the Board accept the Temporary Construction Easement, authorize the Chairman to sign Resolution No. 05-042 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, G:\ACQ\WP\JoAnn\25th Street\Engler\Agenda Memo Accept Temporary Construction Easement.wpd ., '-' """'" RESOLUTION NO. 05-042 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR SOUTH 25TH STREET ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 25th day of JANUARY, 2005. 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\25th Street\Engler\Resolution No. 05-042.wpd '-" 'wi This instrument prepared by: JoAnn Riley under direction of Daniel S.McIntyre, COLlnty Attorney st. Lucie County 2300 Virginia Avenue Fort Pierœ, Florida 349B2 PROJECT: South 25th Street FROM: Carmen and Nancy Ëngler PARCEL NO.: 722 TEMPORARY CONSTRUCTION EASEMENi THIS EASEMENT, made this 27th day of DECEMBER, 2004, by CARMEN and NANCY ENGLER, his wife, whose address is 3663 South 25th Street, Fort Pierce, Florida 34961, herei1\after referred to OS 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 One ($1.00) Dollar and other good and valuable consideration do(es) hereby give, grant, bargain and release to grantee, its agents, assigns, contractors and sub-contractors, a temporary co~truction easement to enter upon that portio" of certain lands owned by the grantor being described as follows: seE ATTACHED EXHIBIT "A H for the purpose of tying in and harmonizing said property, thereon with construction of roadway and appurtel'1Ont facilities within existing right-of-way. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above. and that all grading or sloping conform to all existing structural improve.ments within the limits designated, and all work will be performed in such a manner that existing structural improvements will not be. d«:lmaged and the Grantee shall not inte.rfere with or obstruct Grantors ingress and egress to Grantor's property. This Easement shall expire upon the. completion of the construction of the above referenced rood construction project, not to exceed ten (10) years. IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this ~7'f1vday of DECEMBER, 2004. '-' ..., Signed, sealed, and delivered in OUI" presence as witnesses: /.- . r:l~~ ~NGlER NANCYE J. DAILEY 1J~ H-, " NANCY E~GLER ~ NANCYE J. DAILEY ~)Affil)I;L'I1J Be8"Wb"YL- (Print Name) STATE OF FLORIDA COUNTY OF ST. LUCIE #-J The foregoing instrument was acknowledged before me this ;<1 day of DECEMBER, 2004, by CARMEN and NANCY ENGLER, his wife who are personally known to me or who has produced a Drivers license issued within the last five years as id~ (NOTARY PUBLIC) SEAL Notary PN~~CYE J. DAILEY ~'~'" NANCYE J. DAIlEY trJi.'¥(~ MY CO~ION II DD 004063 ~.~.;;: EXPIRES. April 3, 2005 :.fi;;..:..t,,· Bonåd ThftJ Nttlry PIIÞIiC lInterwtÜII "ntlt"i" {Print, Type or StamE....Name of Notary Commission No: D.D OOcfOfø3 My Commission Expires: 4-- ,3- Oç G:\ACQ\ WP\J oAnn\25th Street\Engler\ Temporary Construction Easement.wpd 2 '-' ...., LEGAL DESCRIPTION TEMPORARY CONSTRUCTJON EASEMENT (T.C.E.) 722 A PARCEL OF LAND LYJNG IN THE SOUTHEAST QUARTER OF SECTION 29. TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST, LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCJNG AT THE SOUTHEST CORNER OF SAID SECTION 29; THENCE NORTH 00°04'20" WEST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 29, A DISTANCE OF 835.83 FEET; BEARINGS ARE BASED ON SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 29 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE SOUTH 89°55'40" WEST DEPARTING SAID EAST L1NE, A DISTANCE OF 55.45 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE FOR STATE ROAD 515 (SOUTH 25TH. STREET) AND THE POINT OF BEGJNNJNG OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 722. THENCE NORTH 00°13' 19" WEST ALONG SAID WEST RIGHT OF WAY LJNE FOR STATE ROAD 515 (SOUTH 25TH. STREET), A DISTANCE OF 28.00 FEET; THENCE SOUTH 89°58' 16" WEST DEPARTING SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 7.76 FEET; THENCE SOUTH 00°13'19" EAST, A DISTANCE OF 28.00 FEET; THENCE NORTH 89°58'16" EAST, A DISTANCE OF 7.76 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 217 SQUARE FEET MORE OR LESS. G. MARTIN BURDETTE F LOR I D ~~S R/l Y 0 RAN D MAP PER DA TE: l'l: 1~ f'4 BURDETT a As10CJATES, JNC. · 4 I 35 LEGAL DESCRIPTION AND SKETCH T. C. E. 722 PREPARED FOR, ST, LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCElS802\tces\tce722.dgn 03/12/0304:43:12 PM OFF/CE, CHECK£D, E.C. G.M.B. FJnD .BOOK, SCALE, NOT TO SCALE OA T£. MARCH 2003 DRAWING NO., 615TCE722 OF SHE£! 1 3 60 30 0 5 r \........ GRAPHIC SCALE - FEET NOTE, BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERJ CAN DATUM OF 1983 /1990 READJUSTMENT. THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSH]P 35 SOUTH, RANGE 40 EAST BEARS, NORTH 00°04'20" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. POINT OF COMMENCEMENT S.E. CORNER SECTION 29 N= 1113951. 115 E= 867109.272 NOT FOUND <J1 r'1 n -I o z EXJST. WEST R/~L~E~__ N 02°23'50" E \ -'" -------0-------- , I 18 - - - - - - - ---- ---- ---- -...J L" ).1' . \ír .,. N <J1 SECTION 29 TOWNSHIP 35 SOUTH, RANGE 40 EAST = -J o N -J ü1 W ::2' Bearing Basis: East Line of the Southeast Quarter of Section 29 (N 00°04'20" W) <J1 r'1 n -I o Z N cD ./' EX!ST. WEST R/W LJNE / ,.. '.... ADDITIONAL R/W '-v ORB 725, PG. 2990 /4\4.8E' If) -+- SECTJON LJNE r fTl 1\ N 00°04'20" W fTl 120 _835~8~_ll1 /' ~ SURVE~ Ji ~O~ 3' 19" W -- S.Ra 515 (S. 25th____STREETJ_ ---- If) I fTl fTl - -"> o // /g; / - / --- i.JJ I N 00°13' 19" W (EX 1 S 1. EAST R /W L] NE 40' ABBRE v I A T IONS / LEGE NO I I ~ ' BASEL lNE I :z ~ ' CENTERLJ NE I i.JJ ~o EX S 1. ' EX J S T J NG FKA ' FORMALL Y KNOWN AS I ~ ~ ~. ,. FNO. ' FOUND >< I CD :::';:;:; N.S.L.R. VI.M.D., NORTHERN ST. LUCJE RIVER fTl ' -i WATER MANAGEMENT DISTRJCT I, :E::o P.O.B. ' POINT OF BEGINNJNG I, ~ P.O.C. ' POJNT DF COMMENCEMENT I r R/W ' RIGHT OF WAY I » ~ SO. FT. . SOUARE FEET I ;:;; ) T. C. E. ' TEMPORARY CONSTRUCT I ON I . I EASEMENT ~~~,\-'\j ,SUBJECT PARCEL !TH]S JS NOT A SURVEY I LEGAL DESCRIPTION AND SKETCH T.C.E.722 -------- \ P. I. ST A. 118' 58.26 Lf) \ ~ OF SURVEY S.R. 615 CD I ú) 0 (SOUTH 25TH. STREET), en '-^' I /:, "02045 'II" (L 1. ) >< CJ"> - '-^' I N" 1113952.227 Lf) - -i E' 867116.099 en 1 FND. PKNL8W "LBG449" ::0 "- I ::E r \ - z en I I PREPARED fOR, ST. LUCIE BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce722.dgn 03/12/0304:42:56 PM COUNTY} FLORIDA Off! CE I E.C. FJ[LD BOO/(, CH[[I([D, G. M. B. SCALE, /.. , 60' DRAW/NG NO. I 615TCE722 Df DA TI I 5H[[ T 2 3 MARCH 2003 60 30 0 60 SECTION 29 '-TOWNSHIP 35 SOUTH, GRAPHIC SCALE - FEET RANGE 40 EAST ~~~ ~( i SURVEY N 00°13' 19H W ~ --- \ / --S~R.- 615----------- \ I( S. 25th. STREET) N----t-~----------------------N c: N 00°13'19" W EXIST. EAST R/W LINE <=> NOTE, BEARINGS SHOWN HEREQN ARE BASED ON FLORJDA STATE PLANE COORDJNATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/1990 READJUSTMENT. THE EAST LINE OF THE SOUTHEAST OUARTER OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST BEARS. NORTH 00°04' 20" WEST AND ALL OTHER BEAR1NGS SHOWN HEREON ARE RELAT]VE THERETO. Beoíing Bosis: Eost Line of the Southeost Quoíteí of Section 29 (N 00°04'20" W) z I ORB 288, PC. 23171 co '" ~ '" co I ORB 923, PC. 24131 =e EXIST. WEST R /W LINE I ^ ADOJTJON~,h R¡W I v , ORB 148. p~2m ITl -- I ì ITl I 24 /) \ " VJ :!:c ITl ITl -1 ---- ----- N IORB 932. PC. 1421 ~ PROPOSE; R /W L ¡ NE / DETAIL V> TEMPORARY CONSTRUCTION EASEMENT 2/7 SQ. FT. IORB 724. pc. 70q co ..... '" '" EXIST. WEST R/W LJNE 110.05 ' EXIST. WEST R /W L ] NE ..,. I 28 c: --------- b <=> ABBREVIATIONS (CONTINUED) O.R.B. . OFFICIAL RECORD BOOK PC. . PAGE (DI . AS SHOWN ON DEED ITHJS JS NOT A SURVEY I T. C. E. 722 PREPARED FOR, LEGAL DESCRIPTION AND SKETCH BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce722.dgn 03/12/0304:42:36 PM ST, LUCIE COUNTY, FLORIDA or FJ C[ , E.C. Fl£LOBOO¡;, SCALE, CHUUO, G. M. B. 1" = 60' DRAWING NO. , 615TCE722 or DA TE, 5H[[ T 3 3 MARCH 2003 , '-' ""'" AGENDA REQUEST ITEM NO. C2C DATE: January 25,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney Daniel Mcintyre County Attorney SUBJECT: Request Permission to Advertise - Nötice of Public Hearing Petition for Abandonment - Portion of Hawthorne Road, San Lucie Plaza BACKGROUND: See attached Memorandum FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on February 15 at 6:00 p.m. or as soon thereafter as possible. COMMISSION ACTION: .~ APPROVED rl OTHER Approved 5-0 [ ] DENIED xx County Attorney:~ Review and Approvals ( ) Public Works: ) County Engineer: Originating Depl.: ( ) Purchasing: Other: Finance: (Check for Copy only, if applicable) Eft. 5/96 G :\ACQ\ WP\Janet\Abandonments\Hawthorne\Advertise Agenda. wpd '-' ""'" PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE: January 25, 2005 SUBJECT: Request Permission to Advertise- Notice of Public Hearing Abandonment of a portion of Hawthorne Road BACKGROUND: The Property Acquisition Division received a request to abandon a 54 foot platted right- of-way known as Hawthorne Road in San Lucie Plaza from Denuzzio Investment Group, LLC. Denuzzio Investment Group, LLC owns the property on either side of Hawthorne Road. They would like to utilize their property on both sides of Hawthorne for their project. RECOMMENDATION: Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon a portion of Hawthorne Road in San Lucie Plaza Respectfully submitted, NORTHWEST TWP. ~ S.-RNG.40E. SOUTH~ST QUADRANT QUADRANT ST. LUCIE COUNTY, FLORIDA o I o SEE P"GE 20 880 I MILF~ , 13~80 OF 1/2 , 2840 I FEET 1 i 5280 TWP. 34S.'RNIl. 40E. ~ l1~-t;n~~l\'t~'f'~~ DR. Vt v¡;~ \~~,.c. V ( ~ '. =. ~o~ \~~ ':: \\. . 111.::Th'5">, ..J ~~-;~~~ ~ 21.53 "t. \--:: I ,\~\~ . HIR8£R' , ,'\¡¡¡ E'(~' ROCHIS1t:R ;7.1'.\ "~L)IJJJ~ ~~~I::JJ 5::~S \~ ~1C><~i I~O moc. or ~ 'U1\JU.O 'O.D.) ". 2.1J '. ,.fLORID" 21 ,"~ ~ ;., \\\ ~.e91~ ,W, ST. LUCIE 5LC PORT I" ::: ~~ "p:!:~'Q' ~~ N~~ ~ I '" ;¡~: ~ ~:¡1~ ~ It ,~ AIVEA ..,RPORT . féF- 'j.~ (' WOODS S/D~ ~ ..UTORITY ~!¡~L }\~, ,\A~o ~"I \\ :~');r '" \ I DolEt CORP < ...- ..~ .,' 31.!.=.1.L5 IY HORI(), 'r ~~. f.!1'> a' ~\ I 317.38 "t. . > c ~M' ¡:: ~ ~> ,'-- ST. LUO[ COUNTY I -' \\ i..,;. ,_._____...0..... ~ I PORT .I< ..,RPORT. \=\\ RlCH..RD\. 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'\ ... 19 1\!.:::ll< 71.8< "t. 12.!.=.lL2 2<2.38..,. ~ S "P -:. c.. ~ >- 2C 1 2.!.=.lL 8 ,<8.57 "t. - -- : 2.l=.!J1 \27.18 At. / A.. / SlC PORT .I< ÂIRPOR' ..UTORITY ¡=:: N / ( 51. LUO[ ~I COUNTY PORT It. A~';::~r I - ~~2;Y 197.9< 't. \ rR"NK D"'-Iþ..RIA ~ ., ... '" " ..: ... '" '" OJ> '" " .. ... '" '" '" ,I Pl. TTS GROll( INC I TWP. 3!5S.'RNG 40E. 'z' I,,~:.. rL{..I{.;.:. ;'~,;.I·~ SEE PAGE 34 22 - ~ \0 \0 rl ..." . I Nff 1>1 133HS ns I"¡~I"'NI rt. I.rt-.kh./I I ,/..1 Ik;¡l.r~111 I ~"I I III, /..\"1,,.11".11 I 1"'1 I I I I ....1 ){wJ,," OI"fAUI .X2 r .~ cd ~ 0 r 0 (f 2 ,..,.,.." I I I I I I I I I , / i I ~I ~ I . ~ / I , I ! , I I ! I i ¡ I ¡ i I ¡ i / ! i I I . I i I I ., ! I ;1 ¡ II ¡ ¡ I j II I ! I ' ; J t j I j I I ¡ ¡Ii ! , ,i , I ! I ! ! I ¡ ! I I I, i ! I I I' ¡ , r i ì r ¡ ¡ I I i ¡ ¡ ! I ; f r i. ¡ r i ! I ! " 1. 'I I .. _ -i-4~- ~ ;;.1'1' ; ! ,! .. !, , I r j ! Ii J I i ·~I ¡ " i I, ' ¡I! II; ! I; I I ' ¡Ii ! 1 ¡ ! I i !·1 ¡ ! I i ! I ¡ I I . ! I ¡ " ¡ l, I : I ¡ ~ I ¡ "I I ¡ I ¡ ! I ¡ ! I I ! I ; ! I j ! I i ¡ r : ! I i ¡ I ¡ ! I i ! I ¡ ! I i ! I i I, ¡ . ¡ I ! ¡I! J t ¡ i: ¡ ¡! i .' ,..~- ~ .¡ ::: 1,' '" _ .1 -- '/ I I I I I I I~ I~ I~ , I I I I I I J I I I I I I· I . I~ I: I" I I I I J I I I I ~ " ~~ i; ...--~.... ¡ ~ ~ i '-._~' I~ ~ ~ .--."7"- t ~::: ~;:; ~: §. ~~ ~ ~ ~ c...... ~N..O ~....... .,.., @- ='" @:s: Q. © i5 % ~ - V\ w.J ß:!6 t; ii ~ ....0... _V1~a:: ::Þ ¡;... - ãii: ij'g. ~ =;!~ © ~~j U~~ð I!!!,Ð "~--f = =5! U;Zl!!C! :2>~m: cd ~....= ..~!~ C==- ~ _-l!~ =...~~ :ñ! ~§~ g;¡ ~ '" N ~ ... ... .. .........--.-- .. " AGENDA REQUEST ...., ITEM NO. C2D DATE: January 25, 2005 REGULAR [ ] PUBLIC HEARING [ ] TO: BOARD OF COUNTY COMMISSIONERS CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Florida Communities Trust Ten Mile Creek East / FCT Project 02-056-FF2 Grant Award Agreement BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: Funds are available in: 382-3915-561000-31020 (ESL - Ten Mile Creek East - FCT) PREVIOUS ACTION: July 23,2002 - Received Board of County Commission authorization to submit a Grant Application to Florida Communities Trust for the Ten Mile Creek East project. April 8, 2003 - Received Board of County Commission approval authorizing the Chairman to execute and transmit the Grant Contract and Confidentiality Agreement to Florida Communities Trust. October 5, 2004 - Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Ralls Road Corp. parcel. RECOMMENDATION: Staff recommends that the Board approve the Grant Award Agreement, authorize the Chairman to execute the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: rC)(l APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [XX] County Attorney: y Review and Approvals ] Public Works Director: ] County Engineer: [XX] Originating Dept.: :J!Y\t... ] Rood & Bridge: ] OMB: Finance: (Check for Copy only, if applicable) Eft. 5/96 G:\ACQ\ WP\JoAnn\Environmental\ Ten Mile Creek East\Grant Award Agreement Agenda Request.wpd ~ ..."", INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: January 25, 2005 SUBJECT: Florida Communities Trust Ten Mile Creek East / FCT Project 02-056-FF2 Grant Award Agreement BACKGROUND: On July 23, 2002, the Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust (FCT) for the purchase of the Ten Mile Creek East project. On April 8, 2003, the Board of County Commissioners approved the Grant Contract with Florida Communities Trust (FCT) for the purchase of the Ten Mile Creek East project. The Grant Contract provides 75'/0 of the project costs or $2,617,500.00; whichever is less, for the purchase of the Ten Mile Creek East project. The remaining 25'/0 of the cost to acquire the lands will be provided from the Environmentally Significant Land Fund. On October 5, 2004, the Board of County Commissioners approved the Option Agreement with Ralls Road Corp. with a proposed purchase price of $3,300,000.00. This price is based on appraisals performed by Daniel D. Fuller, MAr and Daniel K. Deighan, MAr and approved by Florida Communities Trust. RECOMMENDATION: Staff recommends that the Board approve the Grant Award Agreement, authorize the Chairman to execute the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. G:\ACQ\WP\JoAnn\Environmental\Ten Mile Creek East\Grant Aword Agreement Agenda Memo.wpd ~ ....., This document prepared by: Kelly A. Martinson, Esq'. Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 FLORIDA COMMUNITIES TRUST FCT A WARD # 02-056-FF2 TEN MILE CREEK EAST FCT Contract # GRANT A WARD AGREEMENT THIS AGREEMENT is entered into this _ day of ,2004, by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Recipient"), in order to impose tenns, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 259.105,259.1051, and 380, Florida Statutes. WHEREAS, Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the distribution of twenty- two percent (22%) less certain reductions of the net Florida Forever Revenue Bond proceeds to the Department to provide land acquisition grants to local governments and nonprofit environmental organizations through the FCT for acquisition of community-based projects, urban open spaces, natural resource conservation areas, parks, greenways and outdoor recreation areas to implement local comprehensive plans; WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K-7, Florida Administrative Code (F.A.C.), authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for GAA \02-056- FF2 December 13,2004 1 '-' ...,; funding in accordan~e with Rule Chapter 9K-7, F.A.C.; WHEREAS, the FCT has approved the terms under which the Project Site is acquired and the deed whereby the Recipient acquires title to the Project Site shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and shall contain clauses providing for the conveyance oftitle to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund upon the failure of the Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded in the county in which the real property is located; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever Bond award. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and Recipient do hereby contract and agree as follows: I. GENERAL CONDITIONS 1. Upon execution and delivery by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records of St. Lucie County, Florida, and referenced in the warranty deed vesting fee simple title to the Project Site in the Recipient, and in such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith. 2. The Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax exempt status of the Florida Forever Bonds is not jeopardized, FCT and Recipient shall amend the Agreement accordingly. 3. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the Recipient and FCT. 4. This Agreement and the covenants and restrictions contained herein shall run with the Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and the Recipient and their respective successors and assigns. GAA \02-056- FF2 December 13,2004 2 '-' ~ 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery ifby personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 A TTN: Program Manager Recipient: st. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 A TTN: Daniel S. McIntyre County Attorney 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. II. PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, FLORIDA STATUTES I. If any essential term or condition of this grant agreement is violated by the Recipient or by some third party with the knowledge of the Recipient and the Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The FCT shall treat such property in accordance with Section 380.508(4)(e), Florida Statutes. 2. Any transfer of the Project Site shall be subject to the approval ofFCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the interest of the people of Florida. 3. The interest, if any, acquired by the Recipient in the Project Site will not serve as security for any debt of the Recipient unless FCT approves the transaction. GAA\02-056-FF2 December 13,2004 3 '-' ...., , 4. If the existence of the Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 5. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT will have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE RECIPIENT 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for passive, natural resource-based public outdoor recreation which is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT. 2. The Recipient shall prepare and submit to FCT an annual stewardship report as required by Rule 9K-7.013, F.A.C. 3. The Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the Recipient's comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient. 4. Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction GAA \02-056-FF2 December 13, 2004 4 \w' '...,,/ as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved project plan. 6. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 7. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major land alterations shall require the written approval ofFCT. The approvals required from FCT shall not be unreasonably with-held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. 8. If archaeological and historic sites are located on the Project Site, the Recipient shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 9. The Recipient shall ensure that the Proj ect Site is identified as being publicly owned and operated as a passive, natural resource-based public outdoor recreational site in all signs, literature and advertising regarding the Project Site. The Recipient shall erect a sign(s) identifying the Project Site as being open to the public and as having been purchased with funds from FCT and Recipient. IV. OBLIGATIONS INCURRED BY RECIPIENT AS A RESULT OF BOND PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE 1. If the Project Site is to remain subject, after its acquisition by the State and the Recipient, to any of the below listed activities or interests, the Recipient shall provide at least 60 days written notice of any such activity or interest to FCT prior to the activity taking place, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest: a. any lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site to a non-governmental person or organization; GAA \02-056-FF2 December 13,2004 5 '-" ""-' c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with a non-governmental person or organization; d. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; e. organization; and a management contract of the Project Site with anon-governmental person or f. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 2. Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be pennitted on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to a non-governmental person or organization; b. the operation of a concession on the Project Site by a non-governmental person or organization; c. a sale of things attached to the Project Site to be severed from the Project Site to a non-governmental person or organization; d. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; e. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; f. organization; and a management contract of the Project Site with a non-governmentill person or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. DELEGA TrONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE GAA\02-056-FF2 December 13,2004 6 '-' ..",., CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. V. CONDITIONS THAT ARE PARTICULAR TO THE PROJECT SITE AS A RESULT OF THE FCT APPROVED MANAGEMENT PLAN 1. Two or more resource-based outdoor recreational facilities including a nature trail, biking trail, and canoe/kayak launch shall be provided. The facilities shall be designed and located with minimal impact to natural resources on the Project Site. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust Program and St. Lucie County. 3. Interpretive signage shall be provided to educate visitors about the natural resources on the Project Site. 4. A biological inventory of the natural communities found on the Project Site, including the dominant and listed plant and animal species, shall be conducted prior to any site development. The inventory shall be used to ensure the protection of biological resources and be updated periodically. 5. The natural communities that occur on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of these communities. 6. The Project Site shall be managed in a manner that protects and enhances habitat for native wildlife species that utilize or could potentially utilize the site, including listed wading birds, bald eagles, Florida scrub-jay, Eastern indigo snakes, and gopher tortoises. The development of the management plan shall be coordinated with the Fish and Wildlife Conservation Commission's Office of Environmental Services to ensure the preservation and viability of native wildlife species and their habitat. Periodic surveys shall be conducted to ensure that site management is compatible with the listed species using the Project Site. 7. A prescribed burn plan shall be implemented for the scrubby flatwoods and mesic flatwoods communities. The development of a prescribed burn plan shall be coordinated with the Division of Forestry and the Florida Fish and Wildlife Conservation Commission. 8. The water quality of Ten Mile Creek adjacent to the Project Site shall be protected and enhanced. The County shall implement a plan to improve water quality in the area including the removal of exotic species and restoration of the area around the sand mine. An approximately 12 acre citrus grove shall also be removed, and the area not utilized for public facilities shall be restored to a natural community. GAA \02-056-FF2 December 13,2004 7 ~ ....,¡ 9. Approximately 37 acres of degraded upland and wetlands around the sand mine shall be restored to a natural community in terms of biological composition and ecological function. 10. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the Project Site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The Management Plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the Project Site. 11. A feral animal removal program shall be developed and implemented, as necessary, for dogs, cats, ducks, hogs, and other non-native wildlife that may be found on the Project Site. 12. Prior to the commencement of any proposed development activities, measures shall be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 13. The location and design of the parking and other site improvements shall have minimal impact on natural resources. The parking area shall incorporate pervious material wherever feasible. 14. Stormwater management facilities on the Project Site shall be designed to provide recreational open space or wildlife habitat. 15. No motorized boating facilities shall be provided at the Project Site. The management plan shall include provisions to protect seagrass, manatees, and wading bird habitat. 16. Pedestrian and bicycle access to the Project Site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the Project Site with nearby residential neighborhoods. Bike parking stands shall be installed at the Project Site to provide an alternative to automobile transportation to the Project Site. 17. The project site shall be managed as part of the St. Lucie County recreational trail system along the North Fork of the St. Lucie River and its tributaries. Proposed trail system improvements shall include the provision of trailhead facilities. 18. The development and management ofthe Project Site shall be coordinated with the agencies managing conservation lands in the North Fork of the St. Lucie River green way corridor, including the South Florida Water Management District to ensure the Project Site is protected and managed as part of a linked conservation lands and recreation opportunities. GAA \02-056- FF2 December 13,2004 8 ~ .., 19. Proposed site improvements shall be designed and located to minimize or eliminate the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 20. The requirements imposed by other grant program funds that may be sought for activities associated with the Project Site shall not conflict with the terms and conditions of this Agreement. This Agreement including Exhibit "A" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: ST. LUCIE COUNTY Print Name: By: Print Name: Title: Date: Print Name: Approved as to Form and Legality: By: Print Name: STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of 2004, by , as of behalf ofthe Local Government, and who is personally known to me. on Notary Public Print Name: Commission No. My Commission Expires: GAA \02-056- FF2 December 13,2004 9 .... ....., Witness: FLORIDA COMMUNITIES TRUST Print Name: By: Janice Browning, Division Director ofHCD Date: Print Name: Approved as to Form and Legality: By: Kelly A. Martinson Trust Counsel STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this _ day of 2004, by Janice Browning, Division Director of Housing and Community Development. She is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: GAA \02-056-FF2 December 13,2004 10 ~ "wi EXHIBIT "A" ._-----_........~-,.;¡;.;-''''".- Beginning at the Southeast corner of the Southwest 1/4 of Section 30, Township 35 South, Range 40 East; thence North 89°57'57" West, a distance of 2675.14 feet, to the Southwest corner of Section 30, Township 35 South, Range 40 East; thence North 0°18'32" West, a distance of 1330.58 feet to the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 35 South, Range 40 East; thence North 89°40'25" East, a distance of 572.00 feet; thence along the East bank of Ten Mile Creek, a distance of 920 feet, more or less; thence North 0°07'43" West, a distance of 166.29 feet, to the Northwest corner of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 30, Township 35 South, Range 40 East; thence North 89029'39" East, a distance of 933.87 feet; thence South 0°02'58" West, a distance of 742.44 feet; thence North 89°40125" East, a distance of 410.00 feet; thence South 0°02'58" West, a distance of 1277.44 feet, to the point of beginning. .¡ TOGETHER WITH the South 66.00 feet of the North 70.00 feet of the East 410.00 feet of the North 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 30, Township 35 South, Range 40 East, St. Lucie County, Florida. LESS, that parcel of land lying in Section 30, Township 35 South, Range 40 East, St. Lucie County, Florida and bei~g more particularly described as fo]Jows: COMMENCE at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of said Section 30, Township 35 South, Range 40 East; thence South 00°27'44" West a distance of 70.00 feet; thence South 89°52'32" West a distance of 410.00 feet; thence North 00°27'44" East a distance of 66.00 feet to the Point of Beginning of the following described parcel: Thence continue North 00027'44"East a distance of 676.74 feet to the North line of the Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of said Section 30; thence South 89°42'43" West, along lastly said line, a distance of 134.76 feet; thence South 00°27'44" West a distance of 590.12 feet; thence South 45°07'28" East a distance of 74.32 feet to the beginning of a curve concave to the Northeast having a radius of 115.00 feet the chord of which bears South 67°37'28" East; thence Southeasterly along the arc of said curve a distance of 90.32 feet through a central angle of 45°00'00" to the Point of Beginning. GAA\02-056-FF2 December 13,2004 11 ~. " ..... - '-' "wi l1li AGENDA REQUEST ITEM NO. ~ DATE: Jan. 25,2005 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: Request to accept the State Homeland Security Grant and approve Budget Resolution No 05- 034 in the amount $159,116.00 BACKGROUND: Funds provided through the State Homeland Security Grant Program (SHSGP) in accordance with the Homeland Security Strategy Grant Program. The purpose is for EOC enhancements, local planning, exercises, and training for homeland security. FUNDS AVAILABLE: A local match is not required for this grant. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners accept the grant in the amount of $159,116.00 and authorize the Chairman to sign. Budget Resolution No. 05-034. - 11 APPROVED o OTHER: o DENIED Approved 5-0 ..., I ,/ COMMISSION ACTION: ¿unty Attorney: 5Y6riginating De Review and Approvals .. _ I 1 . ~agement and Budget: ~ frI~ o Purchasing: o Other: o Other: r copy only, if applicable: .. '-' ....., "~~~6IdtQI~~--" ." COUNTY \ FLORIDA ~ Inter-Office Memorandum Department of Public Safety Division of 911 Communications TO: FROM: Board of County Commissioners Jack T Southard, Directo~ State Homeland Security Grant SUBJECT: DATE: Jan. 25, 2005 ***************************************************************** The State Homeland Security Grant is a federally funded grant through the Homeland Security Division. This grant will provide Emergency Operations Center enhancements such as the purchase of EOC software and call notification systems. Also, will help provide funds for local planning and exercises such as the Continuity of Operations (COOP) Planning and the County Comprehensive Emergency Management Plan (CEMP). And provides funding for all discipline training for various agencies such as law enforcement, fire/rescue, Emergency Management, Public Safety Communications, etc. Attached is a break down of the expenditures from this grant. (attachment A) .; ... ; . ; . ~ ~ :' ~~::~-': .. ,. '-' ...., ATTACHMENT A Budget and Scope of Work Proposed Budget The Recipient is required to provide budget detail worksheets to account for the full allocation of these funds. As outlined in the proposed budget detail worksheet below and the attached scope of work, the funds are to be used for: Proposed Budget Detail Worksheet Eligible Activity Category Budget Amount (See Section I. Eligible Actual Cost Actlvities for Each Category) 7. EOC Enhancements EOC Assessment $24,428.00 Purchase of Equipment based *Tl"\t~1 on the EOC Assessment Subtotal 6. Local Planning $90,746.00 * Total Available Subtotal 57. Local Exercises $18,091.00 * Total Available Subtotal 8. All Discipline Training $25,851.00 *Total Available Subtotal Total of Categories Administrative Expenses (Not to exceed 2.6% of total budget) * Total Administrative Expenses Project Total Cost (Total Categories + Total Administrative Expenses) $ :. * Up to 2.6% of the total funding available for each category may be utilized for administrative purposes. Should recipient choose not to retain funds for this purpose, those funds may be applied to the project categories as shown. 21 '-' 'wi RESOLUTION NO. 05-034 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 Florida Department of Community Affairs in the amount of $159,116 in the form of a State Homeland Security Grant for the purposes of planning, training, equipment, and EOC enhancements for the St. Lucie County Public Safety Department. 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 25th day of January, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the S1. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 001173-2510-334202-200 Florida Department of Community Affairs $159,116 APPROPRIATIONS 001173-2510-564000-200 001173-2510-534000-200 001173-2510-552000-200 001173-2510-554200-200 Machinery & Equipment Other Contractual Services Operating Supplies Training-Seminar Registrations $24,428 $90,746 $18,091 $25,851 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Joseph E. Smith Commissioner Chris Craft Commissioner Paula A. Lewis xxx xxx xxx xxx xxx PASSED AND DULY ADOPTED THIS 25th DAY OF JANUARY, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY DATE: DEPARTMENT: '-' 'WI GRANTS ACCOUNTING REQUEST FORM 1/6/2004 Public Safety State Homeland Security Grant Prcgam FY05 NAME OF GRANT PROJECT: GRANTING AGENCY (NAME): GRANT MANAGER (NAME): GRANT PERIOD (START DATE): BOCC APPROVAL (APPLICATION): BUDGET RESOLUTION #: REVENUE ACCOUNT: OTHER GRANT #'s ON THIS PROJECT: PERSONS NEEDING INPUT TO GRANT: Jack Southard (JACKS), Mary Dutro (MARYD), Charlotte LaChance (CSLACHANCE) PERSONS NEEDING INQUIRY TO GRANT: Jack Southard (JACKS), Mary Dutro (MARYD), Charlotte laChance (CSLACHANCE) GRANT PROJECT BUDGET: GRANTING AGENCY (AMOUNT) COUNTY SHARE (AMOUNT) OTHER (AMOUNT) OTHER (AMOUNT) TOTAL PROJECT (AMOUNT) Department of Community Affairs VENDOR NUMBER: 3474 Jack Southard VENDOR NUMBER: 3797 7/1/2004 (ENDING DATE): 9/30/2005 nla (ACCEPTANCE): 1/25/2005 05- GRANT/CONTRACT ID: 001173-2510-334202-200 PREDECESSOR FUND: 001G n/a PROJECT #: nla $159,116.00 (PERCENTAGE) (PERCENTAGE) (PERCENTAGE) (PERCENTAGE) $159,116.00 (PERCENTAGE) 100.00% 100.00% IS THE GRANT BASED ON A PERCENTAGE OR DOLLAR AMOUNT ALLOCATION? ADDITIONAL INFORMATION: Dollar Amount St. Lucie County did not have to apply for this grant, it was given by the Federal Gov't to the State to hand down to local governments to enhance Emergency Operations. There is no local match portion to this Federally funded grant. APPROVAL: GRANT MANAGER: DIRECTOR/MANAGER: MGMT & BUDGET: FINANCE DEPARTMENT: FUND#: i¡';'~~,,4':;~'.;i~:i~~'~;i;;:!Ô01' 1'73'::P~:~t~::~/';>P:i: ' GRANT #" ~~. '..'.~)ß~~~~~,~ . . :' ....<\.>':.:.,.., "f :.... ,_'!!;.,.'.,;::.';.......:. ...;..... ,.' : ,..~ · ~ 1 ¥ ...., Contract Number: 05DS-2N-10-66-01- CFDA Number: 97.004 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered. into by and between the State of Florida, Department of ,. Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Departmenr), and St. Lucie County, (hereinafter referred to as the "Recipient"). r. ' THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLL:OWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the federal government, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin July 1, 2004 and shall end September 30, 2005, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. .' . . .; ~ , , '-' .~ (4) MODIFICATION OF CONTRACT: REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement . -.". ." Changes to the amount of funding to be provided may be accomplished by notice from . . the Department to the Recipient, in the form of certified mail, return receipt requested. The Department may make an award of additional funds by subsequent Award Letter certified mail, return receipt requested, to the Recipient's contact identified in Paragraph (10), below. Should the Recipient determine it does not wish to accept the award of additional funds, then the Recipient shall provide notice to the ·~.=:L~i·~ ::;;':'~:'-'~=~:~ ~~- ~!;q~t·~~;·::·~~:o: -.- - -0· .- -.-. Department contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon the Department's receipt of the written notice of acceptance and receipt of a budget form which details the proposed expenditure of the additional funds. The budget form will be provided by the Department when the offer of additional funds is made. ., :.." ~." .: .. .... Notwithstanding the foregoing, any budget changes which do not increase the overall cost of the project or change the Scope of Work. do not require a written modifICation to this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairsn, and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tal/ahassee FL 32399-2100 In accordance with § 215.34(2}, Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. 2 '-' ....., (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-a?, "Cost Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of fIVe years from the date the audit report is issued, and shall allow the DepartrTJent or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the DepartrTJent, with the following exceptions: 1. If any litigation, cfaim or audit is started before the expiration of the fIVe year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for fIVe years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times 3 '-' "wi to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with semi-annual reports, and with a close-out report. (b) Semi-annual reports are due to be received by the Department no later than 30 days after the end of each reporting period of the program year and shall continue to be submitted each period until submission of the administrative close-out report The ending dates for each period of the program year are June 30 and December 31. (c) The close-out report is due 60 days after tennination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (7) MONITORING. The Recipient shall constantly monitor its perfonnance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, and other perfonnance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor 4 '-' "'wI the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDIT REQUIREMENTS· below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement. Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28, Fla. Stat.. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES: TERMINATION. 5 '-' ~ (a) If the necessary funds are not available to fund this agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Defaulf'), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports fded or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. 5. If the Recipient fails to comply with the requirements of statutory objectives of Federal laws or regulations. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 6 '-' -...I 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shaH be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of aH or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or fack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shaH include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (e) The Department may terminate this Agreement at any time if the Recipient refuses to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days prior written notice of its intent to terminate pursuant to this provision and shaH provide the Recipient an opportunity to consult with the Department regarding the reason(s) for termination. 7 '-' ...., (f) The Department may terminate this Agreement for its convenience by providing the Recipient with thirty (30) calendar days prior written notice. (g) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper ctoseout of the Agreement. (f) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first ctass, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notifICation attached to the original of this Agreement (b) The name and address of the Department contract manager for this Agreement is: Paula Churchwell, Planning Manager 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Telephone: (850) 413-9942 Fax: (850) 488-7842 Email: Paula.Churchwell@dca.state.fI.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: JACK T SOUTHARD DIRECTOR Telephone ( 7 7 2) 46 2 -1 7 36 Fax: (772) 462-1737 Email: (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. 8 '-" .., (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seQ.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract 9 ". ., ". ~..., .. ..... ..... 7' ~:~(i\;·:;~t· .. . .-. ....., ..."" to provide any goods or services to a public entity, may not submit a bid on a contract with a-,--=- for the construction or repair of a public building or public work, may not submit bids on leaSE~ property to a public entity, may not be awarded or perform work as a contractor, supplier, su~ or consultant under a contract with a public entity, and may not transact business with any pI. . .. excess of Category Two for a period of 36 months from the date of being placed on the con...~ or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state aæ: ~ which receives funds under this Agreement from the federal government, by signing this Agl =' Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarmen:. ==== ineligible, or voluntarily excluded from covered transactions by a federal department or ager.: 2. have not, within a five-year period preceding this proposal been - or had a civil judgment rendered against them for commission of fraud or a criminal offense :. - with obtaining, attempting to obtain, or performing a public (federal, state or local) transactic=-:==== under public transaction; violation of federal or state antitrust statutes or commission of emi:-- theft, forgery, bribery, falsification or destruction of records, making false statements, or recerr:== property; 3. are not presently indicted or otherwise criminaJly or civilly charge~= governmental entity (federal, state or local) with commission of any offenses enumerated in ~ 11 (g}2. of this certifICation; and 4. have not within a fIVe-year period preceding this Agreement haa l=. .= public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification. s: Recipient shall attach an explanation to this Agreement. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support docu:::::..- accordance with generaJly accepted accounting principles, to account for the receipt and e~ funds under this Agreement 10 J ~ 'oJ (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). 11 '-' ....,¡ (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following: The Department of Community Affairs at each of the following addresses: . .. ~: ": Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and . . .: ''.:.. '. ~. ~ -~::~~:t~.·-· ;.~:. ~~~~,~~~ -;:~~: ..~~; Department of CommlJnity Affairs (program office) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OM8 Circular A-133, as revised·(the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: . , .~. 2: ~?;" Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and . . Department of Community Affairs (program offICe) Refer to Attachment A - Scope of Work 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 12 ~ "" (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMS Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall retain suffICient records demonstrating its compliance with the terms of this agreement for a period of fIVe years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (j) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (k) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of five years after the date of submission of the final expenditures report However, if litigation or an audit has been initiated prior to the expiration of the fIVe-year period, the records shall be retained until the litigation or audit findings have been resolved. (I) The Recipient shall have aU audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under 13 - ~ ....., Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harm less against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent aHowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to " the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Copyrights, Patents and Trademark Attachment D - Assurances Attachment E - Advance JustifICation Attachment F - Warranties and Representations (16) FUNDING/CONSIDERA TION (a) This is a cost-reimbursement Agreement The Recipient shall be reimbursed for costs incurred in the satisfactory performance ofworl< hereunder in an amount not to exceed $159,116.00 . .." subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any 14 ~ ......., advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. XX No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advanœ, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period that may not exceed two (2) years or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. 15 '-" -."",I (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Departmenfs obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (AINA@)]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) LOBBYING PROHIBITION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an offICer or employee of any agency, a Member of Congress, an offICer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, Joan or cooperative agreement, the undersigned shall 16 '-" """'" complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Jess than $10,000 and not more than $100,000 for each such failure. (19) COPYRIGHT. PATENT AND TRADEMARK If applicable to this Agreement, refer to Attachment C for terms and conditions relating to copyrights, patents and trademarks. (20) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment D. (22) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue 17 \w ..."",¡ the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (23) DEBARMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENTI As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 (a) The applicant certifies that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certifICation; (4) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and (b) Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. 18 ~ ....., Recioient: St. Lucie County BY: Name and title: Date: SAMAS # FID# STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: Date: 19 ~ ,...., EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOllOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same Information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) ~ Federal Department of Homeland Security - Office of Domestic Preparedness 97.004 - ODP 2004, Part I $ 159,116.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: Ust applicable compliance requirements as follows: 1. For the purposes of this Agreement, planning, training, equipment, and EOC enhancements will be developed/purchased in accordance with the Homeland Security Strategy Grant Program (HSGP). STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOllOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: SUBJECT TO SECTION 215.97. FLORIDA STATUTES: N/A NOTE: If the resources awarded to the recioient reoresent more than one State oro/act. orovide the same information shown below for each State Dro/act and show total state financial assistance awarded that is sub/act to Section 215.97. Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number)- $ (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOllOWS: NOTE: Ust applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Deparlment of AABC@forFederalprograms, the requirements might be siml1ar to the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non-Federal resources, there may be more than one grouping (/.e., 1,2,3, etc.) listed under this category. NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the infonnation about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 20 '-" ''''''; ATT ACHMENT A Budget and Scope of Work Proposed Budget The Recipient is required to provide budget detail worksheets to account for the full allocation of these funds. As outlined in the proposed budget detail worksheet below and the attached scope of work, the funds are to be used for: .. . Proposed Budget Detail Worksheet Eligible Activity Category Budget Amount (See Section I. Eligible Actual Cost Acti.vities for Each CateQory) I I I I , 7. EOC Enhancements I EGC Assessm ent I I $24,428.00 I Purchase of Equipment based i * T"t::ll ^ on the EGC Assessment i Subtotal I 6. Local Planning I I i ! ! I I 1$90,746.00 I * Total Available Subtotal I 57. Local Exercises I i I i $18,091.00 I * Total Available Subtotal I I 8. All Discipline Training I 1$25,851.00 I I *Total Available Subtotal I I Total of Categories I Administrative Expenses (Not to exceed 2.6% of total I budget) * ! i Total Administrative Expenses Project Total Cost (Total Categories + Total Administrative Expenses) $ .. Up to 2.6% of the total funding available for each category may be utilized for administrative purposes. Should recipient choose not to retain funds for this purpose, those funds may be applied to the project categories as shown. 21 .-. 'wi Scope of Work Funding is provided to perform eligible activities as identified in the OffICe for Domestic Preparedness (ODP) Fiscal Year 2004/2005 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Homeland Strategy. Eligible activities are outlined in the Scope of Work for each category below. I. Categories 7. EMERGENCY OPERATIONS CENTER (EOC) ENHANCEMENTS 1. Ellaible Activities a. Projects to be accomplished with funds provided during the contract period may include, but are not limited to the following: 1) EOC Assessment using the Homeland Security Comprehensive Assessment Model (HLS CAM) 2) Assess the EOC for Security and Operational defICiencies 3) This assessment is to be performed by trained representatives from the Regional Domestic Security Task Force (RDSTF) b. Purchase Equipment based on the EOC Assessment 1) For a detailed list of ODP approved physical security equipment, visit http://floridad¡saster.orq/DEMproQ ra ms .htm 2) Allowable equipment purchases include, but are not limited to the following: a) Call NotifICation Systems b) EOC Software c) Physical Security Equipment d) Video Conferencing Capabilities compatible with the Homeland Security system e) Video Downlink Receivers 3) Items purchased must be consistent with State guidance. 2. Reoort Proiect Items a. Completed EOC Assessment b. List of equipment purchased including the cost of each item 3. EOC Enhancements Proarammatic Point of Contact SpecifIC programmatic questions pertaining to the EOC Enhancements portion of this contract should be addressed to: Chuck Hagan 850-410-1263 Cha rles.haqan@dca.state.fI.us 22 '-" ...., 6. LOCAL PLANNING 1. Eliqible Activities Projects to be accomplished with funds provided during the contract period may include, but are not limited to the following: a. ContinuitY of Ocerations (COOP) Planninq Expand the Scope of an existing COOP utilizing the County COOP crosswalk (this document is available for download at http://fIoridadisaster.orq/DEMproqrams.htm), for example: 1) Information Technology, Agencies/Jurisdictions Identified within local CEMP 2) Integration of Plans a) National Response Plan (NRP) b) National Incident Management Plan (NIMS) "The adoption of NIMS is required by September 30,2005, per the most current Department of Homeland Security Guidance. 3) Protocols, Procedures to Implement COOP If the County elects to provide funding from this agreement to other jurisdictions, the County is responsible for reviewing and approving these jurisdictions' COOP(s) using the criteria in the County COOP crosswalk. b. Terrorism Incident ResDonse Annex Expand the Scope of existing County Terrorism Incident Response Annexes using the criteria in the Terrorism Annex crosswalk (this document is available for download at http://fIoridadisaster.ora/DEMproqrams.htm), for example: 1) National Incident Management System (NIMS) "The adoption of NIMS is required by September 30,2005, per the most current Department of Homeland Security Guidance. 2) National Response Plan (NRP) 3) Integration of Documents (Local Standard Operating Procedures and/or Standard Operating Guidelines integrated, updated) c. Intearation of Local Plans and Standard ODeratina Guidelines to SUDCOr! Reqional Plannina 1) Integrate local domestic security capabilities and enhancements into the Regional Domestic Security Task Force (RDSTF) Planning Process and Mutual Aid 2) Consistent with RDSTF Template d. County ComDrehensive Emeraencv Manaaement Plan (CEMP) Enhance County CEMP to reflect the following, while utilizing the CEMP crosswalk (this document is available for download at htlD://fIoridadisaster.orq/OEMproqrams.htm): 1) Homeland Security Assumptions and Updates (NIMS, NRP, State CEMP) 2) Integration with Municipal, Regional and State Domestic Security Procedures 3) Reflect the Enhancement of LocallRegional Capabilities (Equipment, Training, Domestic Security Teams, and Exercises) 23 .-.. '\wi e. Conduct Vulnerability Assessments 1) Utilizing the Homeland Security Comprehensive Assessment Model (HLS CAM), identify critical infrastructure protection projects 2) Identify Capabilities/Shortfalls/Capacity in coordination with the RDSTF f. Additional EliQible Costs " 1) Hiring of full or part-time staff or contractors/consultants to assist with any of the above activities (not for the purpose of hiring pUblic safety personnel) 2) Conferences to facilitate activities listed above 3) Materials required to conduct activities listed above 4) Travel/per diem related to above activities 2. ReDort Proiect Items t;;;i~ :~; $~; . .." . Draft plans must be submitted no later than close of business June 30, 2005 for the Division of Emergency Management's review and approval (a draft is not necessary for vulnerability assessments). For the CEMP, COOP plans and Terrorism Annexes, a comoleted crosswalk must be submitted with drafts and final documents. a. Continuity of Ooerations (COOP) Planninq 1) Copy of sub-contract, if applicable 2) If the County has contracted with a Municipality, provide a copy of an approval Jetter for the Municipality COOP plan(s) 3) Final Continuity of Operations Plan submitted with completed crosswalk ..' b. Terrorism Incident Resoonse Annex Final Terrorism Incident Response Annex submitted with a completed crosswalk c. County Comorehensive Emerqencv Manaaement Plan (CEMP) 1) Submit a completed crosswalk 2) Provide OEM with the CEMP's updated sections d. Vulnerabilitv Assessments 1) List of completed assessment 2) Copy of vulnerability report 3. Plannina Proarammatic Point of Contact SpecifIC programmatic questions pertaining to the Planning portion of this contract should be addressed to: . .- . Scott Nelson 850-413-9896 Scott.nelson@dca.state.fI.us 24 .-. ....., 57. LOCAL AND REGIONAL EXERCISES 1. EJiQible Activities a. Exercises conducted with ODP grant funds must be managed and executed in accordance with OOP's Homeland Security Exercise and Evaluation Program (HSEEP). These manuals are located online at http://www.oip.usdoi.qov/odp/docs/hseep.htm and at hrtp://fIorid ad ¡sa ste r. 0 rq/D E M proq rams. h tm. b. Projects to be accomplished with funds provided during the contract period may indude, but are not limited to the following: 1) Tvpes of Exercises a) Tabletop Exercises (Multi-Disciplinary) b) Functional Exercises (Multi-Disciplinary) c) Full Field Exercises (Multi-Disciplinary) · Exercise Continuity of Operations (COOP) plan(s) · Exercise the National Incident Management System (NIMS) plan . Executive Level Exercises · Exercise the Integrated Communication and Information Technology · Exercise Terrorism Incident Response Annex 2) Additional EJiaible Costs a) Implementation of the HSEEP b) Hiring of full or part-time staff or contractors/consultants to assist with any of the above activities (not for the purpose of hiring public safety personnel). c) Conferences to facilitate activities listed above d) Supplies/Materials required to conduct activities listed above e) Travel/per diem related to above activities f) Overtime/Backfill Costs g) Other Items - Rental of Space/Locations for exercise planning, exercise signs, badges, etc. 2. Report Project Items a. Provide a copy of the sub-contract, if applicable. b. Prior to the exercise, provide DEM with exercise plans. c. Completed Roster d. After Action Reports must be provided to DEM within 30 days following the completion of each exercise conducted. 3. Exercise ProQrammatlc Point of Contact SpecifIC programmatic questions pertaining to the Exercise portion of this contract should be addressed to: Connie Nunn 850-413-9877 Connie .nunn@dca.state.fl.us 25 '-' '-' 8. ALL DISCIPLINE TRAINING 1. EIiQible Activities Training to be accomplished with funds provided during .the contract period may include, but are not limited to the following: a. Disciplines Selected for Training 1) Law Enforcement 2) Fire/Rescue 3) Emergency Medical Services (EMS) 4) Emergency Management (EM) 5) Public Safety Communications (911) 6) Private Sector 7) Public Works [Note: Training for specialized teams and healthlhospitals is being funded from other sources.] b. Types of Training All non-ODP training courses must receive prior approval through the State Administrative Agency (Division of Emergency Management) who will seek concurrence from the Department of Homeland Security. A complete listing of ODP approved courses is located online at httc:J/www.oip.usdoi.qovJodpJdocs/coursecataloq.pdf. For more information on training, visit http://f1oridadisaster.orq/DEMproqrams.htm. 1) Positional and Advanced Incident Command System (ICS) 2) National Incident Management System (NIMS) 3) Field Operations Guide (FOG) 4) Train-the- Trainer 5) Mutual Aid/Deployment 6) All ODP or other Federally Approved Courses 7) Protect Critical Infrastructure Initiative (PCB) 8) Regional Domestic Security Task Force (RDSTF) Response Procedures 9) Homeland Security Community Assessment Model (HLS CAM) 10) Homeland Security Exercise and Evaluation Program (HSEEP) 11) Continuity of Operations (COOP) c. Additional Eligible Training Costs 1) Travel/Per Diem 2) Training Materials/Supplies 3) Instructor Fees 4) Rental of Space/Locations 5) Overtime/Backfill 2. Reøort Proiect Items a. Copy of Agenda b. Provide the number of students trained, per component; the course name and level c. Course curriculum, if course is not a federally approved course 26 '-" ..",.¡ 3. Trainina Proarammatic Point of Contact Specific programmatic questions pertaining to the Training portion of this contract should be addressed to: Bill Firestone 850-413-0260 William.firestone(a)dca .state .ft.us ',.' - "'." .. .. II. Unauthorized Excenditures Unauthorized program expenditures are applicable to each selected activity (-ies) and include: ~ ~'~'~i~~'B'¡ A. Expenditures for items such as general-use software (word processing, spreadsheet, graphics, etc.) B. General-use computers and related equipment C. General-use vehicles D. Licensing fees E. Weapons systems and ammunition F. Activities unrelated to the completion and implementation of the State Homeland Security Program (SHSP) G. Construction or renovation of facilities H. Recurring Costs III. Recortina Reauirements Reporting requirements are applicable to each selected activity (-ies) A. Programmatic Reporting: :. ::-:-x:....:· . .. The Financial History Report/Status Report is due within 30 days after the end of the reporting periods (June 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the County's reporting is current. The Close-out Report is due to FDEM no later than 60 days after the contract is either completed or has expired. 1. Recortina Schedule ......-... Reporting Period Report due to DEM no later than January 1 through June 30 July 31 July through December 31 January 31 .~: ;. ~.. 2. Financial History Report/Status Report may be mailed to: ... Paula Churchwell, Planning Manager Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 8. Report Project Items - As applicable to selected activity (-ies) 27 '-" '-" A TT ACH MENT 8 Program Statutes and Regulations 1) 53 Federal Register 8034 . .. .. 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code .;;~;.~~ :: .,~.;~.,.;:.: ::::~~~:~~¿.~::. .:~ :~ :.: :: :~~-:" ~ . :~~f:~:7'~ ~ . .: ".- '. . . ." '. .. . .' ., 28 '-" "'" ATTACHMENT C Copyright, Patent and Trademark (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that prEH!xisting patent or copyright .: : ," unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be iJ1;;:;~;¡';~ ..- sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all .. .; " ~~- :: .' intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 29 '-' '-' ATTACHMENT D Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMS Circulars No. A-21 , A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, at seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. a. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFRPart 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoidpor mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Om nib us Crime Control and Safe Streets Act of 1968, as amended, the 30 . ~ ......, Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide fOI Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Par 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs ar Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. ~. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crim Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department Justice Non-Discrimination Regulations, 28 CFR Part 42, SUbparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. . - 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 1! 1982 (16 use 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units c the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. .. 31 . ....- - .. .. ,t.." ,. '. :~: .þ¡~~:; iG:~:~~J;j~~~ .. . -.. ',,,, '.'." ,'. . ;.."":.~:: ;'." ~ ;':- :~" ~:' " ~ '- .....,¡ ATTACHMENT E Advance Justification 32 " '-' '" . ATTACHMENT F Warranties And Representations Financial Management Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this federally-sponsored project or program in accordance with the reporting requirements set forth in Section _.52 of OMC Circular A-110. (2) Records that identify adequately the source and application of funds for all federally- sponsored activities. These records shall contain information pertaining to Federal awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. . (4) Comparison of outlays with budget amounts for each award. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to minimize the time elapsing between the transfer of funds to the Recipientfrom the U.S. Treasury and the issuance or redemption of checks, warrants or payments by other means for program purposes by the Recipient. To the extent that the provisions of the Cash Management Improvement Act (CMIA) (Pub. L. 101-453) govern, payment methods shall be consistent with CMIA Treasury-State Agreements or the CMIA default procedures codified at 31 CFR part 205, 'Withdrawal of Cash from the Treasury for Advances under Federal Grant and Other Programs." (6) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable Federal cost principles and the terms and conditions of the award. (7) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to organizational conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes Of Conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, offICer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The offICers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subagreements. However, Recipients may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for disciplinary actions to be 33 - . '-' ...,,¡ applied for violations of such standards by offICers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from at least 9:00 am to 5:00 pm, Monday through Friday. Ucensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 34 ~- - '-' "wi ITEM NO. 3B DATE: Jan. 25,2005 ~ ... AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: Request to accept the Memorandum of Understanding between the Florida Department of Community Affairs and the St. Lucie County BOCC and approve the amount $68,064.83 for the state to purchase a tow vehicle. BACKGROUND: Funds provided through the Department of Community Affairs and the 2004 Domestic Preparedness Grant, State Homeland Security Grant Program. The $68,064.83 will allow the state to purchase a tow vehicle to support the Emergency Deployable Interoperability Communications System (EDICS) package that is part of the State Emergency Response Team. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners allow the state to accept the amount of $68,064.83 for the purchase of a tow vehicle by the State and authorize the Chairman to sign. Vehicle will be delivered and turned over to the Emergency Operations Center and added on our asset list. COMMISSION ACTION: CE: 'Q APPROVED 0 DENIED tiOTHER: Approved 5-0 ~unty Attorney: ~riginating Dep . Review and Approvals []> IVIG.,agement and Budget: o Purchasing: o Other: o Other: - '-" '-' ~T~I:JGd~@JIW~'. , COUNTY ~ F LOR I D A " Inter-Office Memorandum Department of Public Safety Division of 911 Communications TO: Board of County Commissioners FROM: Jack T Southard, Director SUBJECT: Memorandum of Understanding DATE: January 25, 2005 ***************************************************************** This Memorandum of Understanding is between the Florida Department of Community Affairs and the St. Lucie County Board of County Commissioners in the amount of $68,064.83. Funds are provided through the Florida Department of Community Affairs and the 2004 Domestic Preparedness Grant, State Homeland Security Grant Program (SHSGP). The $68,064.83 will allow the State to purchase a tow vehicle to support the Emergency Deployable Interoperability Communications System (EDICS) package that is currently at the Emergency Operations Center. This vehicle will be delivered and turned over the EOC and added to our asset list. The EDICS package is part of the Mutual Aid Agreement and can be deployed to other counties in the state when needed. -- -- '-" " "" STArE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 'Dedicated to making Florida a better place to cali hom~' '" BUSH ~ THADDfUS l. caH~N. AlA - 5«relJty November 29, 2004 Mr. Greg Bunting Communicati0n5 - Public Safety Sl lJ.¡Qe County Board of County Commissioners 101 Nor1h Rode Road Fort Pi8rca, Floñda 34&45 Ra: MEMORANDUM OF UNCERST ANDING far $68.0S4.83 for Signature DearMl'. Bunting: EndcS8d. in quadruølet. are otIgnals of !tie MEMORANDUM OF UNDERSTANDING between the Department at Community Alfainïsnd the St. Lucie Soard of Counr( Commissionerr. in the amount of na.o~.a:J to be œmpetsd as follow¡¡ and returned to the Department, a:s ~oon as POssiÞte · N/ four originals must be signed Þy tne authorized signor (CEO), original signature requited on each. · Authorized signor's name and title printed where indicated. . Date of SÍ!1natl1tB · WJÚ1856 SIgnature , If signed by anyone CIher than the authorized signor. a CCDY 0' an eJdsting Csttificate, RøsohJtion. or Procedure, or a letter signed bV the authorized øerson indicaCing that they have the autholity to enter Into Agreements must be returned with ltIe slgnea Agreementa. Please note that the Department will keep three ot the four alignl signed Agreenents. and only one will be retumed for your~. It you need addlUONf originals. you must make the neces:sary copies prior W) signing. - ..... If you have quesUons or need ackllUonal informatIon. please call Eva Thorpe at (850) ~ 1:3-9939 or email: eota.thoroe@cica.9IB1e 11 us. rJ~' :¿~h~~ r;{ Flnanœ and Administration t2:: Unit Division of Emergency Management ~~ ". ~ .: PCJ~t EnClosures 2SSS SHUMARD OAK SOUl£VAIIO . TALLAHASSEE, flORIDA 32J'!P2100 Pt\one: 1150.4811.1146&/5"n,0," 276.8466 F^X; 650.921 07ð1/Suncom 291.07111 Inferno I ~(dre;: hrlrJ'/Iwww drA II.:Jre fl.l,l CUTIQL STArr CDNCBN n!1.D oma 21"- o.c.- w.-..,. ~ 11/ .....-.. fL ))~ø.UJ7 (05) 1I_G2 eoo..........". ru.HHINC ;u,5 __ aa .........,.¡ T 01""'.,,,,,. ft )1)!!9-2100 115" .16-/1.\, ,,"UCfNCY """",,CU4CM 2Sj~ Slot....... 0010 ............ T~~Ift. 11. 32)".1100 ('SQ41~' HOVSIftC "C~ITY DfllfLO'MlIWT ZS55 5~ Oà_ Tat........ 'L J2JOI-J I 011 115C11 .~~ '-" ....,; MEMORANDUM OF UNDERSTANDING FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FROM 2004 DOMESTIC PREPAREDNESS GRANT STATE HOMELAND SECURITY GRANT PROGRAM THIS AGREEMENT is entered into by and between the St. Lucie County Board of County Commissioners (" Local Government Unit") and the Florida Division of Emerqencv Manaqement ("FDEM"). WHEREAS, the U.S. Department of Homeland Security, Office of Domestic Preparedness has made available 2004 Domestic Preparedness Grant funds to the Florida Department of Community Affairs ("FDCA"), as the State of Florida's State Administrative Agency under federal grant guidelines, which funds are designated to be used for planning, equipment, training, exercise and management and administrative Purchases and activities in Domestic Preparedness. WHEREAS, the 2004 Homeland Security Grant Program ("SHSGP"), is a portion of the 2004 Domestic Preparedness Grant and provides funds to enhance the capability of State and local units of government to prevent, deter, respond to, and recover from incidents of terrorism. WHEREAS, the 2004 Domestic Preparedness Grant guidelines require that, if the State retains a portion of said grant funds on behalf of a local government unit, the State must enter into a Memorandum of Understanding with the local unit of government, specifying the amount of funds to be retained by the State for purchase; and WHEREAS, the State and the Local Unit of Government have utilized the State of Florida's State Homeland Security Strategies as the basis for the allocation of 2004 SHSGP funds to meet prioritized needs to enhance and refine their preparedness efforts, and have received state and federal approval for the allocation and expenditure of said funds as designated herein, NOW THEREFORE, the parties agree to the following terms: 1. The Local Unit of Government requests the State, through FDCA to retain the amount of $68.064.83 ("Grant Fund Amount"), as a portion of the Local Unit of Government's allocation of the SHSGP portion of the 2004 Domestic Preparedness Grant, for Purchases identified herein to be made by the State on behalf of the Local Unit of Government. 2. FDCA, representing the State in its administration of the 2004 SHSGP grant funds, agrees to retain and expend the Grant Fund Amount for identified Purchases, on behalf of the Local Government Unit. 3. The purchases to be made by the State through FDCA, on behalf of the Local Government Unit, consist of the planning, organizational, equipment, training, exercise and/or management and administrative items identified below ("Purchases"), under the authorized 2004 SHSGP activity/activities designated below. j.. / ~ '-" ....., o Planning Specific program, service, item: = = ~ Equipment Acquisition Specific program. service. item: Purchase a Tow Vehicle to support the Emergency Deployable interoperability Communications System package and deliver to the requesting agency. o Training Specific program, service, item: .::: . - o Exercise Specific program, service item: o Management and Administration: :¡.. 4. FDCA has been approved by the State and the Local Government Uni~ as the appropriate agency to acquire the items and/or provide the services required for the above-referenced Purchases on behalf of the Local Govemment Unit. 5. FDCA shall apply the Grant Fund Amount. on behalf of the Local Government Uni~ to complete the Purchases identified herein within the timeframe(s) required by the 2004 Domestic Preparedness Grant guidelines. 6. FDCA may maintain custody and control of any equipment purchased to this Agreement on behalf of the Local Government Unit and/or transfer said equipment to partnering agencies within the Regional Domestic Security Task Forces to the benefit of all local agencies statewide. 7. The parties agree to comply with state and federat guidelines in the allocation. expenditure and reporting of the use of the Grant Fund Amount. B. This Agreement is effective upon its execution by the parties and may be modifted only in writing with execution by both parties. This Agreement terminates two (2) years from the date of the award of the 2004 SHSGP funds to the State. or earlier aJ as othelWise stated herein. b) as agreed to by the parties, or c) as otherwise required by law or by state or federal guidelines. . .. \w" - "wi IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. / ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Name of Agency Signature of Agency Official Printed Name of Agency Official Date Witness Signature DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Name of Agency Signature of Agency Official W. CraiQ FUQate. Director. EmerQencv ManaQement Printed Name of Agency Official Date Witness Signature a \..... - '-" -" ~. -. J";: CÓUNT- y ~. FLORIDA .. AGENDA REQUEST ITEM NO. 3C DATE: Jan. 25.2005 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: Resolution # 05-0C/9 approving Emergency Management Services (EMS) Grant from the State of Florida Health Department in the amount of$158,166.50. and Budget Resolution 05-039. BACKGROUND: St. Lucie Fire Department has filled out an application for the annual EMS Grant offered by the Bureau of Emergency Management at the State of Florida Department of Health. We anticipate to receive up to $158,166.50 in the fiscal year 2004·2005. Section 4 of the application calls for a resolution from the Board of County Commissioners certifying the monies from the EMS County Grant will improve and expand the county's pre-hospital EMS system and the grant monies will not be used to supplant existing county EMS budget allocations. FUNDS AVAILABLE: N/A The budget for this grant is currently located in account 104-2610-581060-2950 in the amount of 140,000.00. Approving Budget Resolution 05-039 will add an additional 18,167 to the FY05 budget and therefore will represent the full amount of the grant. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve Resolution # 05-049 for the Emergency Management Services Grant in the amount of $158,166.50 and authorize the Chairman to sign. and approve Budget Resolution 05-039. COMMISSION ACTION: ~ APPROVED D DENIED Approved 5-0 o OTHER: Ä ~,2 --- Do g7;::) Anderson County Administrator lSCõunty Attorney: Review and Approvals " LJOriginating Dept: gmñer: Fire o Finance: Check for py only, if applicable: -.... -.,. '-" "-t1I Inter-Office Memorandum Department of Public Safety Division of 911 Communications TO: Board of County Commissioners FROM: Jack T Southard, Director SUBJECT: EMS Grant DATE: Jan. 25,2005 ***************************************************************** The St. Lucie Fire Department has filled out an application for the annual EMS Grant offered by the Bureau of Emergency Management at the State of Florida Department of Health. We anticipate receiving up to $158,166.50 in the fiscal year 2004-2005. Section 4 of the application calls for a resolution from the Board of County Commissioners certifying the monies from the EMS County Grant will improve and expand the county's pre-hospital EMS system and the grant monies will not be used to supplant existing county EMS budget allocations. " '-" -....I RESOLUTION NO. 05-039 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 State of Florida Health Department in the amount of $18,167 in the form an Emergency Management Services (EMS) Grant that St. Lucie County passes through to the St. Lucie County Fire Department. The full amount of the grant is $158,116.50 and only $140,000 was anticipated at the time of adoption of the FY2004-2005 Budget. 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 25th day of January, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 104-2610-334290-2950 HRS-Public Safety $18,167 APPROPRIATIONS 104-2610-581060-2950 Fire District $18,167 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Paula A. Lewis Commissioner Chris Craft Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25th DAY OF JANUARY, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-' ..., RESOLUTION NO. 05-049 A RESOLUTION APPROVING THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES, 2004-2005 EMERGENCY MEDICAL SERVICE COUNTY GRANT APPLICATION AND AUTHORIZING THE CHAIRMAN TO EXECUTE AND SUBMIT THE APPLICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. Pursuant to Section 401.31(4) and Section 420.113, Florida Statutes, the State of Florida has established an Emergency Medical Services Trust Fund consisting in part of a portion of each fme for every municipal and county moving violation and driving under the influence conviction. 2. Under Section 401.113, Florida Statutes, a portion of the funds deposited into the Emergency Medical Services Trust Fund by St. Lucie County from July 1, 2004 through and including June 30, 2005, and remaining funds from the 2004-2005 award, plus any interest earned will be used to fund pre-hospital emergency medical services in St. Lucie County. 3. The Board of County Commissioners may disburse funds dispensed to the County under Section 401.113, Florida Statutes, to the St. Lucie County Fire District as a licensed emergency service provider operating in St. Lucie County. 4. The St. Lucie County Fire District has certified that the request is for an improvement or expansion of its pre-hospital emergency medical services. 5. Prior to any disbursements of funds from the Emergency Medical Trust Fund, the St. Lucie County Fire District will extend the Interlocal Agreement with St. Lucie County to ensure that the request will be funded and pennitting the County to audit the use of funds disbursed under the grant. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The attached Application for Funding County Emergency Medical Services (EMS) A ward is incorporated herein and made a part thereof. '-' ...." 2. The Board of County Commissioners certifies that the attached application is for an improvement or expansion of the pre-hospital emergency medical services system in S1. Lucie County and that the funds requested will not be used to supplement the existing County emergency medical services budget allocation. 3. The S1. Lucie County Fire District Fire Administrative Officer is hereby designated the "Authorized Contact Person" pursuant to the requirements of the Application. 4. The Chairman of the Board of County Commissioners is authorized to submit the application and a copy of this resolution to the Department of Health, Bureau of Office of Emergency Medical Services. After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson xxx Commissioner Doug Coward, Vice Chairperson xxx Commissioner Joseph E. Smith xxx Commissioner Chris Craft xxx Commissioner Paula A. Lewis xxx PASSED AND DULY ADOPTED this 25th day ofJanuary, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRPERSON APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' ~. AGENDA ITEM 10 . G $tate EMS Grant ST. LUCIE COUNTY FIRE DISTRICT MEMORA1'lDUM TO: FROM: SUBJECT: DATE: CC: CHIEF JAY SIZEMORE . CAPT. NA m SPERA, FIRE ADMlNISTRA TIVE OFFICE 2004-2005 STATE EMS GRANT 4 JANUARY 2005 We are in receipt of the application for the 2004-2005 cycle of the Department of Health Beureu of EMS Grant. The total amount of this ·year's award is estimated tQ be SIS8,166.S0.These funds are to be' used to enhance our EMS system. I have contacted and coordinated with the Operations ~d Training Divisions . and through their suggestions have developed several projects designed to meet the requirements of the program. Attached is a copy of the appIicåtion for the grant for submission to the Board of Fire Commissioners. Once approved, it will be presented to the .Board of County Commissioners for their acceptance and final submissiçm to the State Department of HeaJth. The process is in accordance with an ongoing inter-local agreement with the County regarding this specific grant. ë'0"d £c£c è9t> ë'¿¿ DlèllSIG 3~I:::J JìS q¡;:j :?'T C:Vlfl.?-n?-'·IH r 1i) 1:)0> E"C U) ::s ._ aJ Q1: ~ ~ li:C) I! Q) c: .- ::J (.) 0 ..3u . Lt) ....0 cno N [Ø"d £~£ë: ë:9Þ ë:¿¿ '-' ..., . ¡!~~§81~ .j. ~ t¡:~ Ii Ñ ,..: ;( ~~ ~~ :8 à:r;. "'"" ati .~ a. ~""'~"'~"'*6It- ~~~~go..... ~C'I!.iO o:ß:8 It) N ..¡ '('.: ,...: ~ N ..................... ¿ œ ::J o ............. N 0 ,.. <r- "'lIt ~ ..... N ..... CD ~ L.. =j ~i o a:: o I- E ~ ~ 1š i ~ Q. ,s. ¡,;; !;:, i[!?JaEm~~ ~ ~ .- _ ::> c c ~~!æ1~ ~ 'E .= J: .i ~ CI (/) ð ~ tË u < I~ ~ lJI~lSIa 3~I~ JlS i ~ ..... ~ .... G) 1 ¿0 : ;? T <:;ç:U:i\? -n?' -t--JH r '. '-' ....., §MS ,?OUNTY GRANtßPPUCA TlQI/. FLORfDA DEPARTMENT OF HEALTH Bureau of Emergency MedIcal Service. Complete alf Item. hit State Bureau of EMS will Issl n the ID Code - leave this blank 1. County Nllme: St.Lucle BusIness Addreas:2300 Rhocle leland-Avenue Ft. pierce. Florida 34982 ~ Teleøhooe: (712) 482.1-400 -~ Federal Tax ID Number (Nine Digit Number). VF 5 9 6 0 0 0 8 3 5 2. CertificatIon: (The applicant signatory who has authority to sIgn contracts, grants, and other-legal documants for the county) I certify that all informatIon and data In this EMS county grant appflcation and. Its attachments are tnJe ånd correct. My signature acknowledges and assures that the County shall comply fully with the conditions Outlined In (fle Florida EMS County Grant ApptlèaUon. Slanahre: . Date: Printed Name: F..nrn. Hutchlnaon Position Tltte; ChaIr. BOOC 3. Contact Person: (The IndMduel WIth direct knowledge of the project on 8 day-to-day basis and has re.ponBlbUlty for the Implementation åf the grant actfvltles. ThIs person Is authorized to sIgn project reports and may request project changes. The signer and the contact person may be the same.) Name; 0wIIAin N" !!pM PosItion Title; f1rt AdnIrn-.av. Ofbr Address: 2400 !thode w.nd ...._ I'\. PIeiw, I'btda 34Q6O T eleDhone: (772) ~..u71 r Fax Number. rT12)0462-8-486 'E-maU Addresl: I1Ipelll~.O'IJ 4. Resolution: Attach a current resolution from the Board of County Comm/.eloners cèrtffylng the grant funds will Improve and expand the county pre-hospital EMS system and will not be used to supplant ClJrrent levels of county expenditures. 6. BUdget: Complete a budget page(s) for each organization to whIch you ahall provide funds. . List the organlzatlon(s)' below. (Use additIonal pages If necessary) St. Lucie County Fire District DH Form 1684, Re... June 2002 3 t>0'd <;ë:£c c9t' c¿¿ J:) T Ì'j I c:; T r¡ ::¡;>.¡ T -1 -,-,.::; )171 ,;::'T c:nr;r~_!7I?_~JHr ",' .¡. , . '. '-' ...., SUDGETPAOE N/A TOTAl Salaries TOTAL FICA Grand total Salaries and FICA TOTAL $ 7,887 Cardiac Monitors Stair Chairs FII ht Helmet Refurbishment Class III Vests All Terrain Trans ort Automatic External Defibrlllatoors 47 901 37 706 2392 7280 24 000 . 31 000 TOTAL $ 150,279 Grand Total $ 158.166 DH Form 1684. Rev. June 2002 -4 · ~ lit. ~ '-' 90 . d It:J101 FLORIDA DEPARTMENT OF HEAl. TH EMS GRANT PROGRAM REQUEST FOR GRANT FUND D'STR'BU~'ON In accordance with the provisIons of SectIon 401.113(2){a), F. S., the undersigned hereby requests an EMS grant fund dlstribution·for the improvement and expansIon of Pre-.hospltal EMS. DOH Remit PaYment To¡ . . Name of Agency:. St. LucIe County, Board of County CommIssioners Mailing Address: 2300 VirgInia Avenue Ft. Pierce, Florida 34982 Federal Identification number Fed ID 596000835 AuthorIzed Official: Signature Date FrannIe Hutchinson, Chair. BOCC Type Name and Tlt/e Sign and return this page wIth your applIcation to: , Florida Department of Health SEMS GrElnt Program 4052 Belel Cypress Way, Bin C18 Tallahassee, Florida 32399.1738 Do not write below this "ne. For u.e by Bureau of Emergencv Uedlcal Service. peraonn.r only Grant Amount For State To Pay: $ Grant ID: Code: Approved By : Signature of EMS Grant Officer Oat!!' State FIscal Year: - Oraanlzatlon Cod~ &.Q. ~ Qblect COQe 64-25-60-00-000 N_ N2000 7 Federal Tax 10: VF --------- Grant Beginning Date: October 1, Grant Ending Date: September 30, DH Form 1767P. Rev. June 2002 5 90 . d ç;ë':~;:O: ?9t> ?i) . I Î T )J C , (,. :J':I..J T ~ ··YìC" ,'-'-0:.. ~T .-''-.,->~ .-,--' ,.,,- ...~ _......."".....c..'......' ., ~,..". c, .. ~ _ .. . .. .. ""'-",- AGENDA REQUEST ITEM NO: C-4 A DATE: Jan. 25,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: St. Lucie County Fairgrounds FFA Bldg. Fire Suppression System BACKGROUND: In order to finalize the installation of the hood and grease catcher in the FFA building located at the SLC Fairgrounds, a fire suppression system must be installed. Due to the fact that the system will be a permanent part of the building and is therefore considered a capital item, staff is requesting the Board's approval as required. Staff has obtained quotes and is requesting that approval be given to the lowest responsible bidder, Life Safety Systems Inc., at a cost of $2100.00 for the installation of the fire suppression system. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE: 001-7420-56200-76550 (Fairground Bldg) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the lowest, responsible bidder at a cost of $2100.00 for the installation of the fire suppression system in the FFA Building located at the St. Lucie County Fairgrounds COMMISSION ACTION: Approved 5-0 CONCURReNCE: d;n County Administrator fX] APPROVED [] DENIED [ ] OTHER: Coord ination/S ianatures County Attorney: 4M9t & Budget: ~ 1J1/fl ~ Purchasing: Originating Dept: . .. Public Works: Other: to v , Finance: (Check for Copy only, if applicable)_ ----i- '-"" ..", PARKS & RECREATION INTEROFFICE MEMORANDUM To: Board of County Commssoners Linda Brown, Assistant Director, Parks & Recreation ¿~ From: Subject: St. Lucie County Fairgrounds FFA Bldg. Fire Suppression System Date: January 25, 2005 In order to finalize the installation of the hood and grease catcher in the FF A building located at the SLC Fairgrounds, a fire suppression system must be installed. Due to the fact that the system will be a permanent part of the building and is therefore considered a capital item, staff is requesting the Board's approval as required. Staff has obtained quotes and is requesting that approval be given to the lowest responsible bidder, Life Safety Systems Inc., at a cost of $2100.00 for the installation of the fire suppression system. Life Safet~ S~stems 7723440478 p.2 '-' ......, Life Safety Systems Inc. of the treasure coast 1349 S. W. BlL TMORE STREET PORT ST. LUCIE, FL. 34983 PHONE: (772) 3440477 FAX (772) 344 0478 EF- 0001037 PROPOSAL SUBMITTED TO:PAUL JULIN I DATE: 1/10/05 JOB NAME: FAIRGROUNDS PH: 772 462-1517 NP.ME: ST. LUCIE PARKS & REC STREET: CITY: I STATE: STREET: MIDWAY ROAD CITY: j STATE: Estimates for:FIRE SUPPRESSION SYSTEM PROVIDE AND INSTALL NEW WET CHEMICAL (U.L. PROVIDE PROTECTION OF (1) 11' HOOD WITH LINE OF (2) FRYERS- (1) 6-BURNER RANGE _ 300) FIRE SUPPRESSION SYSTEM Te (1) DUCT, AND (1) 44" X 24" FOLLOWING APPLIANCE PUMICe CHARGRILL. INCLUDES MATERIALS AND LABOR TO COMPLETE INSTALLATION, PERMIT DRAWINGS, A~ BUILT DRAWINGS AND AMD FINAL FIRE MARSHAL INSPECTION. * FOR THE SUM OF............................................................................................................$ 2, 100 . 00 -------------------------------------------------------------------- ~e hcr9by propose to i~{nish,d~~ in~tal: ~a~crials - complete ~nc ir. acco4d~r.Cð with th~ above 3p~ci!ication~ ?aym~~t~ :0 b~ made as follow~: PRE-ARRANGEû :A~C~T SC~EJULE. All m&terial i. .u&rantaad tc ce a. specified. All wort. .hü:l ~, ·;ompl.:.ted iT. " wor~:.ar.l1ke :nanner according to .tacda::d pr.c:.icg~. Any "tt.era:!on "r deviati,,~ fr= sp""Üication.:nvolvin.; ...."tr¡ CClst", ",oill b€ e:<(!cuT.p.d onl}' upcr. wr~t:er. orden, ..nd will b&comt! iln axtra charge over ¡]nd above thq estim.Jte. 1'.1: r.gr..",.,;.nt, co:¡t:'n;rer.t u~=n a=captanc~ wtthin 30 Days .nd .:..! VO~·::: ttezec:.!ter at :he opt:...ot. Q! :.::Je u:'Ide=siC;:'Ied. Limit. of Ccr.tr"":or'~ Lia:O~Lty. The .,,,rUps agr"" t.I,a: the cU'::orner ret&ina tho .ole r".ponsibil¡ty fer tr... :if.. ar.d ¡",,,lth oj p"r$o~" j n the prote·;tcd premises ar.~ for ~rotQcting a~a~nst prcper':y 1o",,,,. due to per.cnal irojury ir. th" prot,,:teè pr"',"Ii".., rel.atir.iI both ':0 his own p..rson Or prcpt!rty or te that c= othere. tt Ü ::h<:r,:fore a;;reed t.ha:. Ccrt"actor is net regpon~i.:>:.. ;c: per30~al injuzy C~ othar l~sse~ w~i~h are all~~d to be ca~3cd ~y th~ imPLQper oper~tion 0: the ~y~terol whc~~er due to detects _( thE> system Cr act" or omiosion~ ~f the Ccr-tr<.ctc: in reo;ei·,inQ ane re!~or:èb'j to ala:... gign..l~. Th.. partie~ Ìur':her "ilLee that te.. Ccn:ractc:- is not an in~u:el and th.l in3I.;rë~Ce, i~· any, ccvQr.ing ~u::h PQr~::>:1:.1 ':'njury and otl'Hi:r los:Jes be :.:btai:\ed by ç";st:::me.r. If, no: wètt"tanding the above agrt!em~nts, there ~~ouJd õri.e ~ny liabilit.y on the p~xt of ~he ~~"tra~t~x, ,~c~ liability "hall be lift-J.ted to ¡:¡n amOunt of $25C.OO. t.C òJf\.P.R'\NT"!. THE CONTR.ACTOR DOES IIOT MJ\KE ;U;y F'=:PRESENTi\TIO~ OR !ii\P-RA.'JIY INC:':DING .>'NY :M?LI:;:[ ¡;~.RFJ\N'rY or ME:RCHANTABU:T:! OF FITNESS, T~.: :~E SYSTEM CR SERVICE SUPPLIED I~Y N~T B~ COM?RC~lSED, OP. THAT THE SYST~I. OR 3~,VIC~ ;JILL IN EVERY CAS:;: ~ROVIDE !Hl lOP.OTECT!ON FOR wr:I::;¡ ~:E:N:JE:J. ø- Authorh..d Slqna7.'.tr.. ;.f¿.fh.... - J. ?:ORDhl' C+I. LIC!. :.r-1037 nate: J ·'/0-05 ACCZrrAlIIa _ ....œoa¡u. The abovoe :?.rÜ:es, .5~eciti::ativn$ and condlt:ian~ arll! heoret;y ~cceptQd. You ~C" ;authorized to do the wo=k' a$ s~e:ifi09d.. ?ayment wl11 be m~de as au~hOcizej acove. Ac:epted By Date '-' 'wi AGENDA REQUEST ITEM NO: C-4b DATE: Jan. 25,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: City of Pt. St. Lucie Request -South County Stadium BACKGROUND: The City of Pt. St. Lucie is again asking to use the fenced "bus parking area" at the South County Regional Stadium on June 25, 2005. The purpose is to host a festival sponsored by the Puerto Rican Assoc. for Hispanic Affairs, Inc. The Dec. 21, 1999 sublease entered into by the City & County entitles the City use of the facility 182 days annually including concession rights. The festival will include the sale of alcoholic beverages. As per County Ordinance 1-15-23, Board of County Commission approval must be obtained ·for consumption and/or sale of alcohol at any County facility. PREVIOUS ACTION: N/A FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the City of Pt. St. Lucie's request to utilize the fenced "bus parking area" of the South County Regional Stadium on June 25, 2005. Staff recommends that the Board approve the City of Pt. St. Lucie's concessions request including the sale of alcoholic beverages. [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 CE: COMMISSION ACTION: Dou Anderson County Administrator County Attorney: Originating Dept: Q /" Coordination/Siqnatures .4..N1gt & Budget: Public Works: [. Purchasing: Other: Finance: (Check for Copy only, if applicable) ~ ..""", PARKS & RECREATION INTEROFFICE MEMORANDUM To: Board of County Commissioners From: Linda Brown, Assistant Parks & Recreation Director Subject: City of Pt. St. Lucie Request -South County Stadium Date: January 25, 2005 The City of Pt. St. Lucie is again asking to use the fenced "bus parking area" at the South County Regional Stadium on June 25, 2005. The purpose is to host a festival sponsored by the Puerto Rican Assoc. for Hispanic Affairs, Inc. The Dec. 21, 1999 sublease entered into by the City & County entitles the City use of the facility 182 days annually including concession rights. The festival will include the sale· of alcoholic beverages. As per County Ordinance 1-15-23, Board of County Commission approval must be obtained for the sale & consumption and/or sale of alcohol at any County facility. 01/11/2005 08:36 772-871-5290 PSL COMMUNI TV CENTER PAGE 02 '-' ""'" CITY OF PORT ST. LUCIE PARKS &. RECREATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . A CITY FOR ALL AGES -' October 25, 2004 Mr. Pete Keogh, Director St Lucie County Parks & Recreation 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Pete: The City of Port St. Lucie would again like to request the use of the fenced "bus parking area" of the South County Regional Stadium on Saturday, June 25,2005. We are making this request under the sublease the City and County entered into on December 21, 1999. The purpose of this request is to host a festival sponsored by the Puerto Rican Association for Hispanic Affairs, Inc. S11'1'\í1ar to last years San Juan Fest that was held at this same location. We are aware of several concerns at this event last year such as trash cleanup and better coordination with your Staff and the St. Lucie West Services District. We have met with the organizers and have stres5ed the importance of eliminating these issues for this upcoming event. ," .s was the case last year, we would request that the County waive its concession rights for die :- day. It is the intention of the Association to charge an admission to the festival, the sale of alcoholic beverages and food is anticipated. I appreciate your consideration of this request and look forward to your response. " ~ ....0 Chuck Proulx,. Cenified Parks & Recreation Professional Parks and Recreation Director - I " CPlk1m Cc: Robert Roldan Bonnie Dyga, Assistant City Manager Gerry Melville. Deputy Director of Parks '" , . , J -.. .- /,j P;\PeucrtoriClUlassoc04 .doc 2195 SE Airoso Boulevard' PDrt St. Lucie. FL 34984-5099 . 7i2-87B-2277 . Fax 772.871-5290 I .. ~ '-' ""'" Agenda Request c.~ January 25, 005 Item Number Date: Consent Regular Public Presentation Leg. [ [X] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Growth Management Director ~_ presen~ ~ L Growth Managemen Director SUBJ ECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [iJ APPROVED o OTHER Cancel all Board approved incentives (JGIG), Resolutions (03-43), and contracts between St. Lucie County and LanShe Aerospace, LLC. On February 25, 2003, the Board of County Commissioners approved an incentive package for LanShe Aerospace, LLC. The incentive package included a Job Growth Investment Grant (JGIG), an Ad Valorem Tax Abatement, and a Qualified Target Industry (QTI). LanShe Aerospace, LLC, (LanShe) is no longer operating in St. Lucie County. In 2004, without any type of notification to the County, LanShe laid off all of its employees and closed its doors in St. Lucie County. As of today, there are no plans to reopen LanShe in St. Lucie County. This Board action is necessary to cancel all incentives, Resolutions, and contracts approved by the Board for LanShe. There have been no incentives paid to LanShe. This cancellation is necessary to cancel any State grants offered to LanShe and any obligation the County has for a local match. N/A Board approved an incentive package on February 25, 2003. It is staff's recommendation that the Board cancel all forms of incentives, Resolution, and contracts currently between St. Lucie County and LanShe Aerospace, LLC, and authorize staff to forward a letter to OTTED to cancel the QTI. ¿CONCU~RENCE: ~// /.- ~ ouglas M. Anderson County Administrator Coordination/ Sig~~~eîl\Â. Mgt. & Budget: ~Vf,lt Purchasing: Other: VI Other: CJ DENIED Approved 5-0 County Attorney ~ Originating Dept.: Finance: ..æ '-' """ COMMISSION REVIEW: January 25, 2005 OFFICE OF GROWTH MANAGEMENT Tourism and Economic Development Division MEMORANDUM TO: FROM: Board of County Commission Growth Management Director DATE: January 19, 2005 SUBJECT: Cancel all Board approved incentives (JGIG), Resolutions (03-43), and contracts between St. Lucie County and LanShe Aeros(>ace, LLC. On February 25, 2003, the Board of County Commissioners approved an incentive package for LanShe Aerospace, LLC. The incentive package included a Job Growth Investment Grant (JGIG), an Ad Valorem Tax Abatement, and a Qualified Target Industry (QTI). LanShe Aerospace, LLC, (LanShe) is no longer operating in St. Lucie County. In 2004, without any type of notification to the County, LanShe laid off all of its employees and closed its doors in St. Lucie County. As of today, there are no plans to reopen LanShe in St. Lucie County. This Board action is necessary to cancel all incentives, Resolutions, and contracts approved by the Board for LanShe. There have been no incentives paid to LanShe. This cancellation is necessary to cancel any State grants offered to LanShe and any obligation the County has for a local match. It is staff's recommendation that the Board cancel all forms of incentives, Resolution, and contracts currently between St. Lucie County and LanShe Aerospace, LLC, and authorize staff to forward a letter to OTTED to cancel the OTI. Submitted by: ~~ Growth Management Director /vs " To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X] APPROVED c=J OTHER '-" ...,; Agenda Request C. -5 (3 01/25/05 Item Number Date: Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ ~e~ted By Growth Manage~ector Request of James A. Fowler, P.S.M., for final plat approval for the project to be known as Trowbridge Lakes Subdivision. This project is located on the west side of Trowbridge Road, approximately 1 mile south of Orange Avenue in the AG-5 (Agricultural - 1 du/5 acres) Zoning District. The project consists of 3 residential lots. Board of County Commissioners Growth Management )Y James A. Fowler, P.S.M. has submitted the final plat for the project to be known as Trowbridge Lakes SID located on the west side of Trowbridge Road, approximately 1 mile south of Orange Avenue. N/A On January 18, 2005, through GM-05-002, the Growth Management Director granted minor site plan approval for the project to be known as Trowbridge Lakes SID. Approve the final plat of Trowbridge Lakes SID and authorize its final execution. RRENCE: D DENIED Approved 5-0 Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordinationl Signatures Mgt. & Budget: If) Other: 1 v:- ') Purchasing: Other: ~ -...I Commission Review: January 25, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners From: Growth Management Director Date: January 19, 2005 Subject: Petition of James A. Fowler, P.S.M., for final plat approval for the project to be known as Trowbridge Lakes Subdivision. On January 18, 2005, through GM Order 05-002, the St. Lucie County Growth Management Director granted minor site plan approval for the project to be known as Trowbridge Lakes Subdivision. The project is located on property on the west side of Trowbridge Road, approximately 1 mile south of Orange Avenue in the AG-5 (Agricultural - 1 du/5 acres) Zoning District. The project consists of 3 residential lots. The associated final plat for this subdivision was received in the office of the Growth Management Director on January 12, 2005. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(0) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the plat for the subdivision to be known as Trowbridge Lakes Subdivision. Please contact this office if you have any questions on this matter. SUBMITTED: ~~j Edward Cox Growth Management Director cc: James Fowler, P.S.M. Christine Moller Ron Harris, County Surveyor File '-' ..' ............-..--.... .... -_.'--- ---- .,-~_._~-- ...._. . ...._.._-_..-~._------_.,_..._- -,-.---.-,. ".----.-..- , I 'i -- ".- . Ii .I_~ Iji . QBW......J.Y'W :::; r- _ I!JIIIIIIMCIU ' ¡U¡i¡::¡11 I,~ ~ 1~~ . :;r~'e "WU,,·~~W~-""'.M"·"~·''''·5'''~ _.-::J~ ~ . ~lhi~II:;¡ I P i ~!' ~~ II! \ ~ .. /I 'h~ :1 (/J~ « ~lii!_~"lgl!~~· ~ I ¡~.. III l -am !. ;; g a ~l¡i~:l1diu i 11i'~ d, · I I i: S~ ~ ,¡ ~ b I 1!lh¡¡I¡;~J ! ¡JI~ III, ~ i;! ~ ~ g !i !!II!¡!;~¡¡!¡! ~ i¡l! ,; ·;1 'I J ¡II f8 .~ 8 II iê~ ~nhhiUI; Ii ~,~I Dill '. II~' ~; w ~I :,.' ~ f ,eI ì II Í! ; II ,'!i ~'I~ IIII~~ -, ¡ 9 ~ § ; ~ ¡II ., 1- ,~! t;! IUI'!f ~II~."I,' o !~; dn I ill ~ - J '!hll ~~ ~ 'III: ,'; ! ¡i III!¡~ I ,I f I" ~. I ¡Jdl! II,,! !II= ·1 ¡:.' ~ !,il ~~ ~. ~~.- ...... ~... . .:.... .~ :_! ;':11: · I I' l! ð (j\/W.oi) l1nO .lmll.S1Q 1OIII.NØ ISJ.VIII tSAR ~, ·.LS HJ.IICN .1 ~! ." . i ¡I I: ¡III. v - . -- .;..;;;. - -- -·-IIIII!! I ..~ II i ~ ~~ ;¡h!r I'~l !~i 11= t- \ r---r----l ~il·wl!!il ~:~ Jn~. I. I ~. ¡z_~-=< il! =~!¡! ~. ih rlr , I ì§" t§;~~ ~ ~ i~L!¡ ," i ~ ¡ II ,1:1;~!i - ~ j! i ~~I~..! . it I J ~ I~ r s:~!¡~H· ì, ~ i! ¡:5 i I II~!I ~ ' ~ h: ::¡:~J!~ ~li~1 ~~ i~~ n~~ D~ I , ! II!I ~i i~â 'I/~~~E i'.. . ~~:.~ I~ !~ ;¡i¡" ~!~ =h I 'I,if· ~~JIJa~ltl; t" ~¡¡ t~ ~ðt Ii; il:~ I'i ;111!4 en ~:¡t;¡b!! a ..6 ~~ ~U ~¡=ð d~ h I I ~ 0 0 z 0 CD ::;:j >- w ~ « ø ~ -' « 0 CL CL a ~i §; b~h~ I g" i~§ ~~a§b dð ~~ e~l:)i~ Ii ¡~~ ~~; , ~;~~: ~ .." ~ '"~- t;~~ð~ ð ~ð ~ t! sbit 8;::~:;¡i:jc; i ~b 11ì3 i ~:~ 1:~;~lh ~ ~ h~." " ~ ~ a:;¡ .. ...t: '"" .... .... - )It _ .... "lIE to,; t- ~R ~ ~ !ð ~~!. ~" t l~ i ~ !In ~ ~ it ¡¡¡~ë~ ð S ~ r!l~ ~ e ~ 8 Ir r t¡~~,~ ~w~ ~ §a~~ ~$ð ï~t' t¡i~..~ ~!è5:;¡~. t!~"~b ~~" I ~ ~~"§ ~~~ ~ ~c;..§ t;~~i(~ ~ba... ~~ f ae... all b~ ¡Ii ~tl~..1 i2~ ,¡ ~ ~t~ !!I.. " l:~ ~ ¡,.tg ~~~h¡¡~ !Ií"~" lea: . J ..~~ \(! ~ . ¡ ~!", §~j!¡"¡¡t... ~:;;od~ !::"IIE~ Ò et;c.;o: ü ;;¡ ~ü;ao .."Bi!.2rr~ 'wi -L!¡ 2~~ i~~ :=1 t!~~ ~ 1~~ Ii: :;¡I~ I~ ! ~ ~~i ~~ I ! ~b!:ì ~~ ~. L!¡t!~ ¡~ ,i ii~ ~ "211 ha ;8 i~f iW~ ~~ §~a J~ crt; .h ~i¡ .. 'J: I r~~ ... r"'l!! I UI'; ~~I~ .. h~I" Oi .~ ~ i¡ ¡,,'^ ;5 ¡!j¡ j: I~ I..~~· ~~ Il,.i ~; ~~"~ii!'~S'" I t ~~~gh~~ =¡ ~ ~ :~~r;~ ~ ~ ~ § t ~~~~~~~:;¡~ ~ f~ ëð~ ~~;!~i~;~ ~ ! ¡o!~ tI~§Qð~ ~~ :; 8 !~; !',~;!~;;;~ ~~ .. ~~ ~e ~~~~-~ ~~ ~ i~ ~~~ ~;~~~i ~~ ê t; ~~u a!¡!et ~a a \r ~ ...",; AGENDA REQUEST ITEM NO. 6 DATE: January 25, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: John Franklin, Housing Manger SUBJECT: Acceptance of $500,000 HOME Again, FHFC Disaster Relief HOME Assistance Program Contract and approval of Budget Resolution No. 05-038. BACKGROUND: Community Services in partnership with the Florida Housing Finance Corporation is developing a relief program that will provide funding for the repair, reconstruction or replacement of homes damaged during the storms. The allocation will focus primarily on the most intensively storm-impacted areas of the community. FUNDS AVAIL: 001174-6420-331510-600 FHFC Disaster Relief Grant PREVIOUS ACTION: On December 14,2004 the Board of County Commissioners approved a request to submit an application for the Home Again funding. RECOMMENDATION: Staff recommends the Board accept the $500,000 grant, authorize the Chair to sign all relevant documents and approve Budget Resolution No. 05 - 038. ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 ENCE: COMMISSION ACTION: ouglas M. Anderson County Administrator Originating Department: Coordi nation/Sig natures Management & BUdget_x~1fJ0 Purchasing: Other: Other: County Attorney:_X y Finance: Check for copy only, if applicableX G:\04-05 Agenda Requests\AGENDA 1.25.05 Acceptance of Home Again Grant.wpd - ,. 't '-' AGENDA REQUEST "'_i ITEM NO. 0-1 DATE: January 25, 2005 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 05-041 in the amount of $10,365,706 to establish a budget for the extended portion of the Parks Referendum line of credit. BACKGROUND: In November of 2002, the voters passed the Parks Referendum to fund development and improvement/acquisition of park land/open space and to enhance environmental sensitive land trails. In anticipation of the receipt of certain taxes levied through this referendum for such purposes, the County established a line of credit in the amount of $7,500,000 to fund the proposed projects during the interim. At that time a budget was established for the $7,500,000. Now that the line of credit has been extended, a budget resolution must be approved to establish a budget for the additional $10,365,706. FUNDS A V AILABLE: Once approved, Budget Resolution 05-041 will establish a budget in the amount oflO,365,706 in account 129-7210-561000-700. PREVIOUS ACTION: On August 10,2004 the Board of County Commissioners approved Resolution 04-243 providing for the borrowing of an additional amount not to exceed $10,750,000 to provide the financing needed toward the proposed projects listed under the Parks Referendum. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution 05-041 in the amount of$1O,365,706 to establish a budget for the extended portion of the Parks Referendum line of credit. Approved 5-0 CONCURRENCE: < ¿. Anderson County Administrator COMMISSION ACTION: [~] APPROVED [] DENIED [ ] OTHER: County Attomey:xx ~ Coordination/Signatures Management & Budget:xx ~ ÎJ!1r( lurchasing: Other: Originating Dept: Finance: (Check for Copy only, if applicable) ~. -7 '-" ."""'" COMMUNITY SERVICES MEMORANDUM #05-35 TO: Board of County Commissioners FROM: John Franklin, Housing Manager SUBJECT: Acceptance of the HOME Again Grant and Approval of Budget Resolution No. 05- 038 DATE: January 25, 2005 On December 14,2004, the Board approved applying for a Home Again Grant to assist our residents with repair, reconstruction or replacement of homes damaged by the recent hurricanes. Florida Housing awarded the full $500,000 to St. Lucie County. The City of Fort Pierce and Port St. Lucie also applied and received $500,000 each. Attached is the grant agreement and Budget Resolution No. 05- 038 which allocates the funds. Staff Recommendation: Staff recommends the Board accept the $500,000 grant, authorize the Chair to sign all relevant documents and approve Budget Resolution No. 05 - 038. '" "" RESOLUTION NO. 05-038 WHEREAS, subsequent to the adoption of the budget for the S1. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available from the Florida Housing Finance Corporation a 2004 HOME Again - FHFC Disaster Relief Home Assistance Program Grant in the amount of $500,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the S1. 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 S1. Lucie County, Florida, in meeting assembled this 25th day of January, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the S1. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 001174-6420-331510-600 US Dep1. of Housing and Urban Dev. $500,000 APPROPRIATIONS 001174-6420-549605-600 Domestic Subsidy $500,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Paula A. Lewis Commissioner Chris Craft Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25th DAY OF JANUARY, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY floria1"HoU;¡ng ;!!"1cnce Corpcrctl')n .....,; 227 North Bronaugh Street, Suite 5000 . Tallahassee, Fior-ida 32301 g 5 0 .488. 4 1 97 . Fax 850. 488.9809 . w W w. f lor i da h 0 u $ in 9 . 0 r 9 . __,_ ._. _ _~,..._."_,_..~_.__.,_.___,__",_~.._."""~",.~_._.,,.._~,~_ .<,_,..~..~"..__._.,_..__~._..__.___.._..~._._ ,_ ,_,~. _"_._' '.<,- '. ._'_~~_'_~'.~~""""~~_'.'_ "'_"_'-=-__~____'_._.__,~~.__,_~~_.._.,~.....~~_____....._...-",..,....r_··__"_-=.~ '_---,. _. __,<._.." ,.__T·____._._~,,·_....."'·, we make housing affordab!e January 7, 2005 Mr. John Franklin St. Lucie County Community Services 437 North 7th Street Fort Pierce, FL 34950 o E:~::~ ~ Re: HOME Again Application - HA04-713 Dear Mr. Franklin: Thank you for submitting an Application for the 2004 HOME Again - FHFC Disaster Relief HOME Assistance Program, which is regulated by Rule Chapter 67-50, Florida Administrative Code (F.A.C.). The review of your Application has been completed and we are pleased to announce that your Application has met the necessary threshold requirements, and therefore, you have been awarded an allocation of $500,000.00 in HOME funds for use in providing assistance under the HOME Again Program. Enclosed is a copy of the Subrecipient Agreement with two signature pages and all ofthe related attachments. Please execute all signature pages as well as the signed certificate of incumbency (Attachment I) and return to: Elizabeth Loggins, Program Administrator HOME Again Program Florida Housing Finance Corporation 227 North Bronough Street, Suite 5000 Tallahassee, FL 32301-1329 A fully executed original will be provided to you for your files, along with additional infonnation and materials regarding the Program. Many of the documents listed as attachments and other associated relevant materials will be available on our website as fillab1e fonns. If you have any questions, please do not hesitate to contact Elizabeth Loggins at (850) 488-4197. Sincerely, a~~ Esrone McDaniels Deputy Development Officer, Homeownership Attachment: Subrecipient Contract Jeb Bush, Governor Board of Director-s: Cesar E. Calvet, Chairman· Terry Santini, Vice Chairman· Thaddeus Cohen, Ex Officio Jock Maxwell· David E. Oellerich . Zully Ruiz . Lynn M. Stultz· Roberi J. Taylor· Sandra Terry Orlando Cabrera, Executive Director '-" ....,¡ """'·~'<"h ~_ .,,"___._,"_~_'-- ~,__"..,j;.~. _._,.. _~.~,....,..,.,~,_.........._.-._ """" <.~,..._,....."~.....::::.~, ,# -........ --:1J~. ~....~.o....... ..~~:.-,.".,-~, ".. ...<.-...:.0--.... f~' florta1'HOYSing w~moke hou$,ng offcrdabtc HOME Again FHFC Disaster Relief HOME Assistance Program Florida Housing Finance Corporation MaitingActdress:227 N: BrortougtrStreer,Su1të5000 -",.,.~..,--.--- Tallahassee, FL 32301 Application Number: HA04-713 SUB RECIPIENT CONTRACT THIS CONTRACT is entered into by and between the Florida Housing Finance Corporation, a Corporation and instrumentality of the State of Florida, (hereinafter referred to as "the Corporation"), and S1. Lucie County Community Services (Applicant name), of Fort Pierce, S1. Lucie County (City, County) Florida, (hereinafter referred to as "the Subrecipient"). The Applicant is awarded an allocation of HOME funds in the amount of$ 500,000 for use with the HOME Again - FHFC Disaster Relief HOME Assistance Program ("HOME Again"). THIS CONTRACT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the State of Florida has been designated by the United States Department of Housing and Urban Development ("HUD") as a participating jurisdiction for the receipt and use of funds as governed by the HOME Investment Partnerships Program ("HOME Program") as governed in 24 CFR § 92; and B. WHEREAS, the Corporation has been designated by the State of Florida as the allocating authority for HOME funds; and C. WHEREAS, section 420.5089, F.S., requires that the Corporation make loans in the administration of the HOME Program; and D. WHEREAS, the Subrecipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services for the Corporation in accordance with 24 CFR § 92 and Rule 67-50, F.A.C.; and E. WHEREAS, the Corporation has a need for such services and does hereby accept the offer of the Subrecipient upon the tenns and conditions hereinafter set forth. NOW THEREFORE, the Corporation and the Subrecipient do mutually agree as follows: (1) DEFINITION OF TERMS. Terms used herein shall be defined as appears in 24 CFR § 92.2 and Rule 67-50, F.A.C. (2) BUDGET AND PROGRAM DESIGN. The Subrecipient shall administer one or more projects pennitted under the HOME Again Program, HOME Investment Partnerships Act, 1 '-' ...,; applicable regulations, and the Subrecipient's Program Design and Budget (Attachment A). The __ o~...__._._ â~lÞr~~ipi~1}L~lE1Lì~£!~çtiI1ªiyici~gJ _ml[tiç !Qf1º!§.[QI .ªJ~haþjljtË.tjºQLIefºDêJr:ustiºrLP[ºgrmJl_and shall act as the agent of the Corporation in doing so. The Subrecipient shall use the HOME funds to make detèrred loans to individual participants in the name of the Corporation. Each loan shall be evidenced by a Promissory Note (Attachment B) and secured by a Subordinate Mortgage (Attachment C), using documents supplied by the Corporation. The Subrecipient shall also execute a Homeowner Assistance Agreement (Attachment D) with each participant. The Subrecipient shall further act as a closing agent for the Corporation, assuring that title insurance in the Corporation's name is obtained and that appropriate documents have been executed before making a disbursement of HOME funds. , _. "__·'''_''~_·''~''_~__''''_..·_'_V'_''_''·__ (3) INCORPORA nON OF LAWS, RULES, REGULATIONS. Both the Subrecipient and the Corporation shall be governed by applicable state and federal laws, rules and regulations. (4) PERIOD OF CONTRACT. This Contract shall begin upon execution by both parties for the duration of two (2) years from the execution date, unless the Contract is tenninated earlier in accordance with the provisions of Paragraph (10). (5) MODIFICATION OF CONTRACT. Either party may request modification of the provisions ofthis Contract. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto and attached to the original of this Contract. (6) RECORDKEEPING. (a) The Subrecipient shall maintain records sufficient to meet the requirements of24 CFR § 92.508(a) (2), (3), (5) and (6). All records and reports required herein shall be retained and made accessible as provided in 24 CFR § 92.508( c) and (d). (b) The Subrecipient shall comply with the requirements of OMB Circulars No. A-8?, if a local government, or A-I22, if a non-profit, as provided in 24 CFR § 92.505(a) and (b), respectively. (c) The Subrecipient shall maintain records so that all disbursements, with regard to each particular loan, home or homeowner, will be easily retrievable while project is active. (d) All records, including supporting documentation of all program costs, shall be sufficient to detennine compliance with the requirements and objectives of Attachment A and all other applicable laws and regulations. (e) The Subrecipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Contract, shall allow access to its records at reasonable times to the Corporation, its employees and agents, to the Comptroller and to the 2 '-' ..." u. S. Department of Housing and Urban Development as long as the project is active. _ _ ...___.____:.~ß~~_s2 !lap l~ ~:_sþ9cllþ~s?r:? tæ.eS!ªÇ.s:º~ºiD& toJh~. SiSÇ},!ill§t-ªJ}c_e§J:m t ºr:QinªDly.~hªlL m~ilng1Jring.___....__.__.._ nonnal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by or conducting an audit of the Corporation. (t) All original Homeowner records pertinent to this Contract shall be forwarded to the Corporation upon final close out of each homeowner project. The items contained in the Homeowner File Completion Checklist (Attachment E) constitute a complete Homeowner file. Documents included in Attachment E that are to be supplied by the Corporation will be provided after execution of this contract and also will be available on the Corporation's website. (7) REPORTS. (a) At a minimum, the Subrecipient shall provide the Corporation with monthly reports and a close-out report. The Monthly Report is attached as Attachment F. The Subrecipient shall comply with any additional reporting requirements contained in 24 CFR § 92. (b) Monthly Reports are due to be received by the Corporation no later than fifteen (15) days after the end of each month and shall continue to be submitted each month until submission ofthe close-out report. (c) The close-out report is due thirty (30) days after termination of this Contract or upon completion of the activities contained in this Contract. The close-out report shall contain information regarding all participants assisted with HOME Again funds including, but not limited to, participant names, amounts, loan terms, and if all information has been forwarded to the Corporation. Additionally, an accounting of the use of all administration funds received under the HOME Again program. (d) If all required reports and copies, prescribed above, are not sent to the Corporation or are not completed in a manner acceptable to the Corporation, the Corporation may withhold further payments until they are completed or may take such other action as set forth in Paragraph (10). The Corporation may terminate the Contract with a Subrecipient if reports are not received within 10 days after written notice by the Corporation. "Acceptable to the Corporation" means that the work product was competed in accordance with generally accepted principles and is consistent with Attachment A. (e) Upon reasonable notice, the Subrecipient shall provide such additional program updates or information as may be required by the Corporation. (t) The Subrecipient will provide any and all reports necessary for the Corporation to meet its reporting requirement under 24 CFR § 92.509 with respect to the Subrecipient's use of HOME funds. 3 '-' ...,; (8) MONITORING. The Subrecipient shall do all things necessary to assist the . _~.._.~._._ _Gº.æOIª!igp. i!LS'!lT'yjpK~:mti.t§ lJ19ni !.Qr.i1Jg.Iel'Qgn~jþ' !lj!ie§_ª§.te.qu..ig:çl Þ y; ~:LÇEJs,.§.91 ,.5.Q4Ú1t,_,.__._..___m~~. which may, at the option of the Corporation, include on-site inspection. Further, the Subrecipient shall constantly monitor its performance under this Contract to ensure that time schedules are being met, work is being accomplished within specified time periods and other perfonnance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Contract. (9) LIABILITY. The Subrecipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Contract and shall hold the Corporation harmless against all claims of whatever nature by third parties arising out of the performance of work under this Contract. (10) DEFAULT; REMEDIES; TERMINATION. (a) If any of the following events occur ("Events of Default"), all obligation on the part of the Corporation to cause to be made any further payment of funds pursuant to 24 CFR § 92.502 shall, if the Corporation so elects, terminate and the Corporation may at its option exercise any of its remedies set forth herein, but the Corporation may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Subrecipient in this Contract or any previous Contract with the Corporation shall at any time be found to be false or misleading in any respect or if the Subrecipient shall fail to keep, observe or perform any of the terms or covenants contained in this Contract or any previous contract with the Corporation and has not cured such in timely fashion or is unable or unwilling to meet its obligations there under; 2. If any material adverse change shall occur in the financial condition of the Subrecipient at any time during the term of this Contract from the financial condition revealed in any reports filed or to be filed with the Corporation and the Subrecipient fails to cure said material adverse change within thirty (30) days trom the time the date written notice is sent by the Corporation; 3. If any reports required by this Contract have not been timely submitted to the Corporation or have been submitted with incorrect, incomplete or insufficient information; 4. If the Subrecipient has failed to perform and complete in timely fashion any of the services required under Attachment A. (b) Upon the happening of an Event of Default, then the Corporation may, at its option, upon written notice to the Subrecipient and upon the Subrecipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, 4 \.; ..." and the pursuit of anyone of the following remedies shall not preclude the Corporation tram . ____"'.__..£l![~l1jl1Rªl1-Y.o!h~I t~meßit;§S:9fl![Üm~clJleJeiJlPr gÜl~Qvi~~I2myid..ç:.cJ.ªLlª\yQLiD .e,ql1ity.:__. __ '~'",,",^'~"' '._",~-- "',--~~- --_. ,.,..,,, ,,-."" 1. Tenninate this Contract in accordance with 24 CFR § 85.43, provided that the Subrecipient is given at least twenty-one (21) days prior written notice of such tennination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in Paragraph (11) herein; 2. Commence an appropriate legal or equitable action to enforce perfonnance of this Contract; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional infonnation from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Subrecipient to reimburse the Corporation for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law. ( c) The Corporation may terminate this Contract for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Sub recipient to pennit public access to any document, paper, letter or other material subject to disclosure under Chapter 119, F.S. as amended. (d) Suspension or tennination constitutes final Corporation action under Chapter 120, F.S., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. ( e) The Subrecipient shall return funds to the Corporation if found in non- compliance with laws, rules and regulations governing the use of the funds under this Contract. (f) This Contract may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Subrecipient shall not be relieved of liability to the Corporation by virtue of any breach of Contract by the Subrecipient. The 5 '-' ....., Corporation may, to the extent authorized by law, withhold any payments to the Subrecipient for __ ~_..__~__,_Quæ9~~2.L~.~1:-ºf[ !:!nliL~l!.chJjm~ª-~!ÞJ: £lªçl_ª.m-º.ll!ll^QLçlmrmg.~~,-.dlLe_tM~ÇQ.rnQŒÛºl1jÌQmJh~..___--'~-'-- Subrecipient is determined. (h) The Corporation shall have the right to tenninate this Contract for convenience under 24 CFR § 85.44. (11) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Contract shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below. (b) The Corporation's contract manager for this Contract is: Esrone McDaniels Deputy Development Officer, Homeownership Florida Housing Finance Corporation 227 North Bronough Street, Suite 5000 Tallahassee, FL 32301-1329 (c) of this Contract is: The Representative of the Sub recipient responsible for the administration Contact Person: J OM A. Franklin Title: Housing Manager Subrecipient Entity: St. Lucie County Community Services Address: 437 North ih Street City, State, ZIP: Fort Pierce. FL 34950 (d) In the event that different representatives are designated by either party after execution of this Contract, notice ofthe name, title and address of the new representative will be rendered as provided in Paragraph (ll)(a) above. (12) OTHER PROVISIONS. (a) The validity of this Contract is subject to the truth and accuracy of all the information and representations in the HOME Again Application and in all materials submitted or provided by the Subrecipient in this Contract, in any subsequent submission or response to the Corporation's request or in any submission or response to fulfill the requirements of this Contract and such infonnation, representations and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Corporation and with thirty (30) days written notice to the Subrecipient, cause the tennination of this Contract and the release of the Corporation from all its obligations to the Subrecipient. (b) This Contract shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Contract shall lie in Leon County. If any provision 6 '-' ...., hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such . _. .. .__. __ J?IQ.v5ê-iQI1_ sJ}ªlLt?e_çl~~m_eçLrmJtªlJcl.\1iÜg JQ_ !h~_ t;~g:I1! ºL~b!ÇJ1_CQnDjçt:"'!J1g_ªhªlLþ~.ge_~lIl~(;L___ ______ severable, but shall not invalidate any other provision of this Contract. '-_._-'_..__."-,,-~-~_.- (c) No waiver by the Corporation of any right or remedy granted hereunder or failure to insist on strict perfonnance by the Subrecipient shall affect or extend or act as a waiver of any other right or remedy of the Corporation hereunder or affect the subsequent exercise of the same right or remedy by the Corporation for any further or subsequent default by the Subrecipient. Any power of approval or disapproval granted to the Corporation under the tenns of this Contract shall survive the tenns and life of this Contract as a whole. (d) The Contract may be executed in any number of counterparts, anyone of which may be taken as an original. (13) AUDIT REQUIREMENTS. (a) The Subrecipient agrees to establish and implement financial procedures and maintain supporting documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Contract. (b) These records shall be available at all reasonable times for inspection, review or audit by federal and state auditors, Corporation staff, and other personnel duly authorized by the Corporation. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean nonnal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Subrecipient shall also provide the Corporation with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Contract. (d) The Subrecipient shall provide the Corporation with an annual financial audit report which meets the applicable requirements of Sections 11.45 and 218.39, F.S., and Chapter 10.550, Rules of the Auditor General, OMB Circular A-133, and, to the extent applicable, the Single Audit Act of 1984, as amended, 31 US.C. § 7501-7507, for the purposes of auditing and monitoring the funds awarded under this Contract. 1. The annual financial audit report shall include all management letters and the Subrecipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of federal awards specifically identifying all Contract revenue by sponsoring agency and Contract number. 3. The complete financial audit report, including all items specified in Paragraph (13)(d)(l) and (2) above, shall be sent by mail or electronically directly to: 7 'w ...., ~.~~_~.,,___ .'.~'_. '_" _~, _' .__.....~ "'._ "'_"'___~~'" _', _. "'."""_ _~~ ~ _~__"_._._'...._.. __+~,._., ,..-_"._."....~u" """."'_ ".___. ~""""'.'__'.' '._. _...._. _....... .._.."_',._ ,._ .~~__,....,...~.__.... .-._..,.'____~....".. ,",". '___,-,___. ·._··_~~_·~_~O__.. ,~_-~,~.,..~._ '''__'··'__.'h·_ ""..-._~..~___.,_~~___"",,~~.,,_~_.,",_._~~, ",,~'~"-_.' _."_-. -"'~._,___._~ Florida Housing Finance Corporation Homeovvnership Staff 227 N. Bronough Street Suite 5000 Tallahassee, Florida 32301 Esrone.McDaniels@Floridahousing. org (e) In the event the audit shows that the entire funds, or any portion thereof, were not spent in accordance with the conditions of this Contract, the Subrecipient shall be held liable for reimbursement to the Corporation of all funds not spent in accordance with these applicable regulations and Contract provisions within thirty (30) days after the Corporation has notified the Sub recipient of such non-compliance. (f) The Subrecipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The Subrecipient shall have all audits completed by an independent certified public accountant (CPA) who shall either be a certitìed public accountant or a public accounting finn licensed under Chapter 473, F.S. The CPA shall state that the audit complied with the applicable provisions noted above. (14) SUBCONTRACTS. (a) If the Subrecipient subcontracts any or all of the work required under this Contract, the Subrecipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Contract with the Corporation. (b) The Subrecipient agrees to include in the subcontract that the subcontractor shall hold the Corporation and Subrecipient harmless against all claims of whatever nature arising out of the subcontractor's perfonnance of work under this Contract, to the extent allowed and required by law. (c) Ifthe Subrecipient subcontracts for work under this Contract, a copy of the executed subcontract must be forwarded to the Corporation within ten (10) days after execution. (15) TERMS AND CONDITIONS. The Contract contains all the tenns and conditions agreed upon by the parties. 8 \w 'WI (16) ATTACHMENTS. ,.~ ,~ ~ _._ ,._."_._____._".q_'..".__-~_.._,_~_._. .._~.."_.,.,,...... "....,~.... ___ ,.,,____._..,_._._'_~.,~.._~.,~_._,_,~'_...__..._~."..'A.-O~~ ._.,.".,."_,..._......,.,.....~ .~~ _____. '_'_ _.~._.__.,,_."....,.~~..'_ ,.~.,."._. _.- ____.._.-'''-"-,.._-~.__. _. _'_"_.".'-__ .._...._.,.._~.. _."._. ..... ..___.__.,~_.~_,~,.___~_.". .~__..__.. _., ..~.. - O~<_ ,..-,' --"._- --..--=,,-.'-"~--".._. (a) All attachments to this Contract are incorporated as if set out fully herein (b) In the event of any inconsistencies or conflict between the language of this Contract and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (17) FUNDING / CONSIDERATION. (a) The Subrecipient agrees to expend funds in accordance with the participant's scope of work. The scope of work is to be supplied to the Corporation prior to receiving a draw request for a participant. Subrecipient may transfer funds between budget categories in the scope of work as long as the total amount of the transfer, whether increase or decrease, does not exceed fifteen percent (15%) of the total approved budget category and the transfer is made to an approved budget line item. If an additional transfer above the 15% limit is required, a revised scope of work must be supplied to the Corporation. Under no circumstances can the changes increase the total budgeted allocation. (b) Disbursement Requests. Subrecipient should follow the draw instructions and use the Draw Request Fonn and Homeowner/Contractor Affidavit, (Attachments G & H, respectively), when requesting payment. All requests for disbursements shall be supported by invoices or like documents sufficient to document the amount and purpose of the disbursement, date(s) the goods/services were provided, and the identity of the homeowner. The amount of each request shall be limited to the amount needed to accomplish the stated purpose and up to 10% ofthe total draw amount for Administration. No disbursement shall be made until it is actually needed for payment. The attached Certificate of Incumbency (Attachment I) shall be executed by those persons with signatory authority for draw requests and submitted to the Corporation upon execution of this Contract. (18) STANDARD CONDITIONS. The Subrecipient agrees to be bound by the following standard conditions: (a) The Corporation has no obligation to payout federal funds under this Contract, but is acting as the participating jurisdiction designated to administer federal funds under the HOME Investment Partnerships Act. The Corporation's obligation to pay under this Contract is contingent upon an annual appropriation by HUD. (b) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. ( c) The Corporation reserves the right to unilaterally cancel this Contract for refusal by the Subrecipient to allow public access to all documents, paper, letters or other material subject to the provisions of Chapter 119, F.S. and made or received by the Subrecipient in conjunction with the Contract. 9 '-" ...",,; (d) Subrecipients applying for an extension of the Contract period must "" _"00_._ !~qu~~t ,!h,~~~t~p§igIl\D~!Yri!il}g .ª.tJ~m> t ~i~ tYJQº1.s1ªY§..PIi"QrJºJh~..~nº .()J.tb~. CQIltŒÇ.1. p~ri.Q.d,...____~.. ..._ ___.. The Subrecipient must state a specific length of time needed to complete the work under this Contract and the reason the extension is needed. The Subrecipient must provide the past performance history and a comprehensive work completion plan. The Subrecipient must provide assurance that the extension will result in the successful completion of the work contemplated in this Contract. (19) SPECIAL HOME PROGRAM CONDITIONS. (a) Use of HOME Funds. The HOME funds governed by this Contract shall be used to perfonn the tasks listed in Attachment A and for no other purpose. Attachment A shall also list the tasks to be perfonned in completing the Project, a schedule for completing the tasks and the budget for completing the task. All HOME funds governed by this Contract shall be used in a manner that is consistent with the provisions of 24 CFR § 92.205 through 92.208 and Rule 67-50, F.A.e. (b) The Subrecipient shall act as agent for the Corporation, making loans to participants on behalf of the Corporation. Each loan shall be evidenced by the Corporation through a Promissory Note and secured by a Subordinate Mortgage; each Promissory Note and each Subordinate Mortgage must provide that the loan becomes due upon the sale or voluntary transfer of the property, upon the death ofthe participant or when the participant fails or ceases to occupy the property as his, her or their principal residence, whichever occurs earlier, and that the Promissory Note and Subordinate Mortgage, shall be binding upon the heirs, successors, assigns and transferees of the. participant, as required by 24 CFR § 92.254 and by Rule 67- 50.105, F.A.C. (c) Types of Loans. HOME Again loans shaUbe a non-amortizing, zero percent (0%) interest rate, deferred principal loan which will have a minimum loan amount to eligible participants of $1 ,000 and a maximum loan amount of $50,000. If the eligible participant has an income level at or below fifty percent of the County's area median income (AMI) in which the home is located, fifty percent (50%) of the loan may be forgiven at a rate of ten percent (10%) per year over a period of five (5) years. Upon the first to occur of any ofthe conditions mentioned in Paragraph (19)(b), repayment for participants at or below fifty percent AMI will be prorated on a monthly basis, giving the participants the benefit of the entire month in which a payoff of the mortgage is quoted. (d) Repayment. All loans made by the Subrecipient on behalf of the Corporation shall be repaid directly to the Corporation at 227 North Bronough Street, Suite 5000, Tallahassee, Florida 32301-1329 or at such other address as the Corporation may direct. ( e) Project Requirement. The project funded under this Contract shall meet all relevant requirements of 24 CFR § 92.250, .251, .254, and .257. The project must also meet the requirements of Rule 67-50, F.A.e. 10 '-' ....", (f) Housing Quality Standard. All housing assisted with HOME funds shaH ....,___._ _..~~.e~.l~.eJ~qL!!.r:.~E!~12~~..2.L2_4_ÇEBJL9.})11._a1}.Q,fJQ.riª-LlJjQ¡¿~I1g:~ J'vJjDimºmJ3·_~lmÞilitªtiQJ1.>._____._~ _____~_ Standards (Attachment J) for the duration of this Contract or any modifications, amendments or successor contracts hereto. (g) Other Program Requirements. The Corporation will be responsible for all entries into HUD's Integrated Disbursement and Information System (IDIS). The Subrecipient agrees to comply with all federal laws and regulations as described in 24 CFR § 92.350 through § 92.358. Additionally, the Subrecipient will be responsible for completing the Environmental Statutory Checklist for each participant pursuant to 24 CFR § 92.3521 and 58.5. The Environmental Review Procedures and Environmental Statutory Checklist are affixed to this agreement as the Environmental Analysis and Procedures (Attachment K). (h) Religious Organizations. If the Subrecipient is or was created by a religious organization, it is hereby agreed that all HOME funds disbursed under this Contract shall be subject to the conditions, restrictions and limitations in 24 CFR § 92.257. (i) Non-Discrimination. The Subrecipient shall not discriminate against any person or family on the grounds ofrace, color, national origin, age, sex, religion, family status, handicap, nor against persons or families on the basis of their having minor children. The Subrecipient further agrees to meet the equal opportunity and fair housing requirements as contained in 24 CFR § 92.350. CD Enforcement of Agreement. Any violation of this Contract which remains uncured after the expiration of the thirty (30) days after the Corporation shall have notified the Subrecipient of the violation by certified mail may, at the option of the Corporation, be addressed by an action for damages or equitable relief, including, but not limited to, a foreclosure on any mortgage or security interest, an action to recover unpaid principal, accrued interest and fees, sale, transfer, lease or conveyance of any property seized as a result of the legal actions described above or any other legal remedy provided in law or equity. In addition to the above, if the Subrecipient materially fails to comply with the terms of this Contract, the Corporation may suspend or terminate the Contract in accordance with 24 CFR § 85.43 and, in addition, the Corporation may terminate this Contract for convenience in accordance with 24 CFR § 85.44. (20) UNIFORM ADMINISTRATIVE REQUIREMENTS. This Contract shall be subject to the requirements of OMB Circulars No. A-11 0, for non-profits, and A-1 02, for local governments, and relevant sections of 24 CFR § 85 and § 84, respectively. (21) REALLOCATION OF HOME FUNDS. IfSubrecipient either fails to request disbursement of any HOME funds for a period of six consecutive months, fails to request an extension or fails to disburse the entire allocation of HOME funds in this Contract within two years of the date of this Contract, the Corporation may, at its option and upon twenty-one (21) days written notice to Subrecipient, reallocate part or all of any remaining HOME funds to 11 '-' ,..", another eligible HOME program or project. Such action constitutes final agency action under < _ _ _ ~.._ç.~~p!~T.L2º~..I.:'§_'_':l.~<!!lg~iAc_~ti~I!})J.~~c.h.r~~llo~a!i9Il.?b~.11.i[1c.!tl<ì.~_n9_Üº~Ç2L~!:!b_r~.cipiellL~~_......_.. rigbts to an administrative hearing. ""'~~'",~._ __,_~, _'_"0·'_.""",-_, ,.~ (22) LOBBYING PROHIBITION. The Subrecipient certifies, by their signature to this Contract, that to the best of his or her knowledge and belief: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of the Corporation or any state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative contract. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of the Corporation or any state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan or cooperative contract, the undersigned shall complete and submit Standard Fonn-LLL, "Disclosure Fonn to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub grants and contracts under grants, loans and cooperative contracts) and that all Subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.c. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (d) No funds or other resources received from the Corporation in connection with this Contract may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (23) LEGAL AUTHORIZATION. The Subrecipient certifies with respect to this Contract that it possesses the legal authority to receive the funds to be provided under this Contract and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Contract with all covenants and assurances contained herein. The Subrecipient also certifies that the undersigned possesses the authority to legally execute and bind Subrecipient to the tenns of this Contract. 12 '-' ..."" (24) FURTHER ASSURANCES OF SUBRECIPIENT. Subrecipient makes the fo llowi. ng fu.rther as.s urances.. t.() .!~e_Ç()_rp2r~~i9p.;.._______..__.._.___ _.._.. __ _._...._...._.__ _. __ _....._._ _.._ ___~._.. "...._,~~._...."..____....,.....__............"._"_.__._.~ __,,~._.'_,"""_ .._~ ~L""._ _.... ~ ~..~. ".~, ,_ _.~ (a) No member of or delegate to Congress shall be admitted to any share or part of this Contract or to any benefit to arise from the same. No member, officer or employee of Subrecipient or its designees or agents, no member of the governing body of the locality in which the program is situated and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be perfonned in connection with the program assisted under this Contract. The Subrecipient shall incorporate or cause to be incorporated in all such contracts or subcontracts a provision prohibiting such interest pursuant to the provisions stated above. (b) It will comply with Title VIII of the Civil Rights Act of 1968 (Pub. L. 90- 284), as amended, administering all programs and activities relating to housing in a manner to affinnatively further fair housing, and it will take action to affinnatively further fair housing in the financing of housing, and provision of brokerage services. (c) It will comply with 24 CFR § 107, Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063; (d) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties pursuant to Sections 112.313 and 112.3135, F.S. and 24 CFR § 92.356. (e) It will comply with the Anti-kickback (Copeland) Act of 1934, 18 U.S.c. § 874 and 40 U.S.c. § 276a, which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities. (f) It will comply with the Hatch Act, 5 CFR § 151, which limits the political activity of employees. (g) It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency's List of Violating Facilities, and it will notify the Corporation of the receipt of any communication from the Director of the E.P.A. Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the E.P.A. (h) It will, in connection with its perfonnance of environmental assessments under the National Environmental Policy Act of 1969, complete and properly document an Environmental Review Record for each activity. The Subrecipient will complete a compliance detennination analysis using the Environmental Statutory Checklist (Attachment K), pursuant to 24 CFR § 58.5 and 58.6. 13 ~ ....., (i) It will comply with the Cost-Effective Energy Conservation Standards contained in 24 CFR 39. ~ "--,---_.._'-"'-'-. (j) It will abide by the provisions ofSectÍon 116.111, F.S., pertaining to nepotism in its performance under this Contract. [REMAINDER OF PAGE IS LEFT INTENTIONALLY BLANK] 14 ~ ...." SIGNATURE PAGE FOR HOME Aoain _.. _ . ._."_.._._'_.._ .__ _.'_"'_'_'" .__ _ _.__...._ _"._. _·u,._.__..__.__· _.._.___.._~._.__..._. "'.'_. .__ _....._.._........._ ...... ............... _ _.'_ _.~__ _................ _ __ _ _._'___'_." SUBRECIPIENT CONTR<\CT IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. ~ LOCAL GOVERNMENT/PHAlNON-PROFIT NAME: , ST. LUCIE COUNTY COMMUNITY SERVICES By Printed Name Title Date Federal Tax LD. Number FLORIDA HOUSING FINANCE CORPORA nON By Printed Name Title Date Witness Printed Name Witness Printed Name Witness Printed Name Witness Printed Name 15 '-' ...,,¡ SIGNATURE PAGE FOR HOME Aaain .. ____ ... _.__..._.~. ~..._. --.-----..--- --... -- -_. --'- - - - _.._.._--.._...-.--,,-_.,-~. _/:I._..~.._.._..__...._.._...._--.-...._._._..__._._._.......___._ __'_.__.'__'._'_ - _.._. .__ SUBRECIPIENT CONTR~CT IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. LOCAL GOVERNMENT/PHAlNON-PROFIT NAME: ST. LUCIE COUNTY COMMUNITY SERVICES By Witness Printed Name Printed Name Title Witness Date Printed Name Federal Tax LD. Number FLORIDA HOUSING FINANCE CORPORA nON By Witness Printed Name Printed Name Title Witness Date Printed Name 15 ~ ....., i ~·-t·,--_·_"-,,,,,,··....-------"---~,,~···~----~--,- i I I HOME Again S ubrecipienLContl:act-c- List of Attachments Attachment A.......................................... Subrecipient Program Design and Budget Attachment B. ~... ............................................................................... Promissory Note Attachment C..... ......................... ............................................. Subordinate Mortgage Attachment D ......................................................Homeowner Assistance Agreement Attachment E................................................ Homeowner File Completion Checklist Attachment F.. ............. .........~..... ......... ....... ..... .... ......... ........ ....... ... .... Monthly Report Attachment G........... ...... ............ ......... ........ ........ ................. ....... Draw Request Fonn Attachment H........ .......... ........... .... ..... .... ... ............Homeowner/Contractor Affidavit ... Attachment I.. ........... .................. ....... .......... ..... ..: .......... ..... Certificate of Incumbency Attachment J.. ..... ............. ............................ ........ Minimum Rehabilitation Standards Attachment K .............................................. Environmental Analysis and Procedures ~ ¡ I ¡ '-" '.- r-·---~·_--'-·---<--·-··_---·-~-------·--------_C_--'-'-,---------.---~.-, -'-'_··--"'~-·-'-'"--r-'.-" i i Attachment A Subrecipient Program Design and Budget Subrecipient Contract I '-" ..""" TAB! -^~-~~~--~---=--~-----'''''''>-~---''._------~-~-._..._~--. ......_-.~~'''''-'-..-,'---...._<----~''='~--~,---_..-.--.,~------._-".._-,--~-~"'---_.'--~,.. St. Lucie County Community Services Housing Department PROGRAM DESIGN Prepared by: St. Lucie County Community Services Housing Department 437 North ih Street Fort Pierce, Florida 34950-2912 '-' ~ I. FUNDING AREA -·"-.------'~~··~~-..Sf...Lttc·ie_B6tlflty;-..Heflda,&haJ+i*O¥itlß-*11ttfl€ial..assistaFlGe-t-&thO&€-qHai-iH€d-..--_____._...~_____ applicants residing ""ithin the unincorporated areas of the County. II. PERSONNEL The S1. Lucie County Housing Manager, John A. Franklin will administer the HOME Again Funding along with his designee, the S1. Lucie County Housing Specialist, Lacie A. Julin. The S1. Lucie County Housing Department currently administers the State Housing Initiative Partnership (SHIP) Program which provides down payment / closing cost and rehabilitation assistance. The Housing Department was also awarded a Community Development Bloék Grant to assist with rehabilitation assistance. Staff will administer the HOME Again funds, which includes the responsibilities of phone intake, application intake and processing. III. ST. LUCIE COUNTY'S DAMAGE Please see Attachment A. IV. INCOME LEVELS Households served must be at or below the income limit guidelines provided below in order to qualify for this program. St. Percentage 1 2 3 4 5 6 7 8 Lucie Category County Median: 50% 18,350 20,950 23,600 26,200 28,300 30,400 32,500 34,600 50,800 80% 29,350 33,550 37,750 41,900 45,250 48,650 52,000 55,350 Income from all sources of any family member including individuals who are 16 years of age or older and who reside in the dwelling unit of the applicant shall be counted as a part of the income. Income is the amount from the following sources, but not limited to such sources: gross salaries, including tips, bonuses, commissions, overtime pay; pensions and annuities; business profit for self-employed persons, including farmers; interest and dividends; any public assistance, including Temporary Assistance for Needy Families, Supplemental Security Income, unemployment compensation, Social Security; estate or trust income; rental income; and gains from sale of property or securities, including contract for deed, and child support and alimony. V. MARKETING PLAN Before the beginning of the application period, S1. Lucie County shall advertise the notice of funding availability in newspaper( s) of general circulation serving ethnic and diverse neighborhoods. 2 '-' .."", VI. SELECTION AND SCREENING CRITERIA -.- .----~-.--- --~-0Ð:}..y_sif}gle-farni}..y_BWn€f-OO&U~4w0Uing..HHit&-ar~-€.ligihl{}.fuf..-llQME..-Agai-:th--------____ Rental units and multiple-family dwelling units are not elìgible for HOME Again Assistance. All applications received shall be numbered in order of receipt with the date submitted noted. Applications shall be reviewed in this order; however, this does not mean that funding assistance will be provided to the applicant. The applicant form for eligibility determination is attached as Attachment B. The County may also elect to utilize the listing of potential beneficiaries who have made application to the County's other housing programs as potential HOME Again beneficiaries as long as a HOME Again application has been completed. Applications may be obtained during the open enrollment period and on an on-going basis at the St. Lucie County Housing Department Office located at 437 North 7th Street, Fort Pierce between 8:00 a.m. and 5:00 p.m. Monday through Friday. The application shall be returned to the Housing Department Office with the following documentation: To Verify Examples of Acceptable Documents Residency: Drivers license, voters registration or a util1ty bill. Deed of record Pay stubs or letter from employers (past or present), social security allotment letter and other similar documents. This pertains to all working family members. Copy of all household members Social Security Cards, birth certificates or a notarized statement from a neighbor or friend stating how many individuals live in the household. Letter from the Florida Department of Health and Rehabilitative Services concerning Food Stamp, Temporary Assistance for Needy Families, or any other public assistance, indicating the amount of assistance and the number of persons in the family. Legal Ownership: Income/Wages: Family Members: Public Assistance: Failure to include the required documentation noted above delays the application process. A letter will be written to the applicant noting the deficiencies and giving them a 30 day time period to submit the required documentation. If the 3 '-' ...., infonnation is not received at the end ofthe 30 days, the application shall be moved to the "incomplete" listing and renumbered. An applicant shall be considered eligible for HOME Again Assistance if they meet the requirements and their dwelling unit is suitable for hurricane disaster rehabilitation. To be suitable for rehabilitation, the dwelling must be inspected by a member of the County's Housing Department. VII. DAMAGE ASSESSMENT To be suitable for rehabilitation, a member of the Housing Department will use the attached "Unit Inspection Evaluation Fonn" (Attachment C) to inspect the dwelling. The Housing Department will prepare a work write-up of repairs necessary to bring it up to standard living conditions. A cost estimate of repairs will also be prepared based on the needs identified in the work write-up. Only repairs approved by the Housing Department staff will be completed with·HOME Again funding. HOME Again assistance shall be used only for those repairs, reconstruction and/or replacements which are necessary to correct violations of the Florida Building Code, Southern Standard Housing Code and/or local housing code, Section 8 Housing Quality Standards, and eligible items designated by the Florida Department of Community Affairs and the following listed items. Any improvement required to meet the Section 8 Housing Quality Standards, the Florida Building Code, Southern Standard Housing Code and/or local housing code, including, but not limited, to: A. Structural system B. Electrical system C. Plumbing system D. Heating system E. Windows F. Insulation G. Kitchen cabinets H. Stove and refrigerator I. Roofing system VIII. CONTRACTOR BID AND SELECTION PROCESS No dwelling unit owner, lessor, lessee, tenant, or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or subcontractor to be paid with HOME Again funds for the rehabilitation of said building, nor shall they be paid for their own labor with HOME Again funds for the rehabilitation of said dwelling unit. 4 12/22/2004 05:53 551-452-\.,' SLC COIv1tv1UNITV 51....", PAGE 03 (Page 5, REVISED) - .. -- -.---- ~....-... ....._SLLllci~COU1.lty..shal1alWa.yS..eX~~i*.ça;ea.aà-good-jHàgn1enh:fi.appre}VÌ1:tg-a''"~~___ ._._..._ __,___ reSldentlaligeneral contractor. An approved contractor shall be licensed by the State of Florida as a building; residential, and/or general contractor, of good reputation, financially sound, have adequate financial resources to carry out the construction contract and be qualified to do the required work. We will adhere to the St. Lucie County Purchasing Manual requirements of fonnal written quotations of at least three (3) vendors for items or selYices from $7,500.00 w $19,999.00 and fonnal sealed bids for purchases and services $20,000.00 or more. The construction work on a dweUing wi11 be completed by a state registered or certified building, residential, and/or general contractor and who is licensed by the Florida Department of Business and Professional Regulation. The contract for rehabilitation work shall be between the County, acting as agent for t11e Homeowner, the Contractor and the Homeowner. The construction contract will consist ofa single document signed by the County, the Contractor and the Homeowner.' The contract shall contain a bid proposal by the contractor and the general conditions, as well as the specifications for the work to be performed. IX. OTHER SOURCES OF FUNDING I SHIP Funding: It is anticipated that SHJP funding will be used in units with additional code-related repairs· that are not hurricane related, and/or to supplement funding where necessary. SHIP mortgages will take third position behind the Florida Housing Finance Corporation. All CUITent SHIP guidelines will apply. x. TIMETABLE FOR EXPENDITURE 50% of HOME Again funds will be expended in the first 12 months and 100% of funds will be expended by the 24 month maximum. Please see Attachment D. XI. REHABILITATION OF MANUFACTURED HOUSING (Revised) If any manufactured homes are repaired, St. Lucie County will follow all applicable building codes related to manufactured homes and will ensure that warranties on the homes are not invalidated. The building codes for St. Lucie County require manufactured units to be affixed to a permanent foundation and to be' considered real property. Each home will be checked for the HUD certification. 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C :J ...J Q) :J _ > Uo 0 o 0 ~ - w o LL ° c ° E :J Õ ~ w o W C! o c E :J o U - w o C! o w ... iã (/ Q)..."C ,cQ)c """C:J OQ)Uo Uo c .- E ra 0 C'I...(,) <"'Uo wlf):J: :e"Cu. 05 J:Uo III ... Q U) w æ o C> w .... « (,) I- W ~ C :::¡ a:¡ V) Q) c: Q) V) Q) c:: ..c. V) co Ü o 0 0 o , 0 , 0 ° I ° ° ! ! ¡ ; , wl&'7lwl 1---1 )--- gig I g I o ! c::i I 0 ! I ¡ <c I I I Z I w ~11-- _~_ .~__ ~...! w o I 0 0 ¡ 10 oio 0, iC! 0IOIOj 10 i , i ~ I , I I i ! I I I I i I W .. ~..m~._L~.J w i I ¡ ° i 0 ¡ 0 ! C! : C! ' 0 o ; 0 0 o ! 0 0 o. i 0 0 o ! N C\ ~ ¡ ~ ;:: ! wlw,w!ww _..,_.............,.~_.__---,......_....__ø ¡ 1 i ' g , gig ~ o 0 0 0 ... o c:: CII o ....J Q) OJ :g à1 0-- ~ ....., MEMORANDUM 05-22 OFFICE OF MANAGEMENT & BUDGET TO: FROM: Board of County Commissioners Marie Gouin, Management & Budget Director SUBJECT: Agenda Request/Budget Resolution 05-041 DATE: January 25, 2005 In November of 2002, the voters passed the Parks Referendum to fund development and improvement/acquisition of park land/open space and to enhance environmental sensitive land trails. In anticipation of the receipt of certain taxes levied through this referendum for such purposes, the County established a line of credit in the amount of $7,500,000 to fund the proposed projects during the interim. At that time a budget was established for the $7,500,000. Now that the line of credit has been extended, a budget resolution must be approved to establish a budget for the additional $10,365,706. 'w' 'WI RESOLUTION NO. 05-041 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 a line of credit in the amount of $10,365,706 to finance the cost of acquiring additional park land and improving and constructing parks in St. Lucie County in anticipation of the receipt of certain taxes levied for such purposes. 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 25th day of January, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 129-7210-384200-700 Proceeds from Loans $10,365,706 APPROPRIATIONS 129-7210-561000-700 Land $10,365,706 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Paula A. Lewis Commissioner Chris Craft Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25th DAY OF JANUARY, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY )' 'w' ...., AGENDA REOUEST ITEM NO. L DATE: August 10, 2004 REGULAR I x J PUBLIC HEARING f ] CO.:\"SENT I ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-243 - Providing for the borrowing of not exceeding ten million seven hundred fifty thousand dollars to provide financing for the cost of acquiring additional park land and open space to enhance environmentally sensitive land trails and improve and construct parks, in anticipation of the receipt of ce~tain taxes levied for such purposes. BACKGROUND: Please see attached memorandum. FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04- 243 as drafted. COMMISSION ACTION: CONC rCE: [)Q APPROVED [ ] DENIED [ laTHER: Approved 5-0 Do g sAnderson Courûy Administrator Review and Approvals County Attorney: ~ OJ" O~igir.ating Dept. Management " BUdge~ n1~ Other: Purchasing Other: Finance: (Check for Copy only, if applicable)~ Eft. 5/96 ~/ '-' ""'" AGENDA REQUEST ITEM NO. C8A DATE: January 25,2005 REGULAR [ ] PUBUC HEARING [ ] CONSENT [XI TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jon Ward, Director SUBMITTED BY(DEPT): Cultural Affairs SUBJECT: Cultural Affairs Council Annual Grant Agreement BACKGROUND: The previously adopted 2004-'05 County budget for the Cultural Affairs Department includes a grant to the Cultural Affairs Council in the amount of forty thousand dollars ($40,000.00) to be used for operational expenses. Attached is a copy of the draft grant agreement. The Council will provide the County with an annual report indicating how the grant funds are expended and the activities of the Council during each year. RECO MMENDA TIO N: Staff recommends that the Board approve the proposed grant agreement and authorize the Chairperson to sign the gTant agreement allowing funds to be transferred to the Cultural AfTairs Council. Fünds are Available in 001-7310-582000-700 COMMISSION ACTION: [ i APPROVED [I DENIED I)C OTHER: Pulled - previously approved at 12-21-05 Meeting. CE: Ä-/- Dooglas M. Anderson County Administrator County Attorney: Review and Approvals Management & BUdget:~fI}ff/8; Purchasing: Other: Other: Originating Dept· Finance:(check for 0 '-" ~ GRANT AGREEMENT THIS AGREEMENT, made this _ day of December A.D. 2004, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and the ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL, or its successors, executors, administrators, and assigns hereinafter called the "Council:" IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a grant in the total amount of forty thousand and 00/100 dollars ($40,000.00) for fiscal year 2004-2005. Payment to the Council shall be made within thirty (30) days after the date this Agreement is executed on behalf of the County. 2. The grant shall be used for operational expenses. The Council shall provide the County with an annual report indicating how the grant funds have been expended and the activities of the Council during the previous year. The report shall be delivered to the County Administrator or his designee on or before November 1,2005. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals that the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are '-' ....., resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The Council agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expenses in any way arising out of the receipt or expenditure of these monies. 7. The Council agrees to comply with all local, state and federal laws, rules and regulations. 8. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 9. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other provided however the Council shall reimburse the County for all unexpended funds or funds expended in conflict with Council's application, as of the date of termination notice. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: County: St. Lucie County Administrator Admin. Annex, 3rd Floor 2300 Virginia Avenue Fort Pierce, Florida 34982 Copy to: St. Lucie County Attorney Admin. Annex, 3rd Floor 2300 Virginia A venue Fort Pierce, Florida 34982 Council: St. Lucie County Cultural Affairs Council 2300 Virginia Avenue Fort Pierce, Florida 34982 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currendy provides or subsequendy provides any forms for 2 '-' ...." contract modification, Council agrees to use said forms. 12. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the parties. 13. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 14. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The parties shall share the fee of the mediator equally. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 15. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement sh9.ll be interpreted as a whole unit and section headings are for convenience only. The laws of the State of Florida shall govern all interpretations. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims that are justiciable in federal court. 3 ~ ...." IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. AITEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: DEPUTY CLERIZ CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY A ITORNEY WITNESS: ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL By: CHAIRMAN II: \ CAC\cac.OS.doc 4 '-' -' AGENDA REQUEST ITEM NO. C8B DATE: January 25,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:Jon Ward, Director SUBMITTED BY(DEPT): Cultural Affairs SUBTECT: Navy SEAL Museum utilities BACKGROUND: After expending major funding for the creation of design and development plans for a proposed new museum facility, the Navy SEAL Museum experienced additional unforeseen expenses as a result of the recent hurricanes, leaving the Museum in a precarious financial condition. To assist the Museum in it's continuing operation, Tourist Development Division volunteered to support this important tourist destination by agreeing to pay the Museum's utility bills for the balance of the current fiscal year, estimated to not exceed $9,000.00, using the division's Landfill Billboard Promotional Account 001-5210-548060-7132. Funds are available. RECOMMENDATION: Staff recommends that $9,000.00 be transferred [rom Tourist Development Division's Landfill Billboard Promotional Account #001-5210-548060-7132 to fund a new Navy SEAL Museum utilities budget line #001-7911-543000-700 to be established by the OfIìce of Management and Budget and the Cultural Affairs Department will beresponsible for the payment ofthe utilities bills for the Navy SEAL Museum for the balance of fiscal year 2004-'05. COMMISSION ACTION: ~. APPROVED I] DENIED I I OTHER: Approved 5-0 NCE: Originating Dept: Review and Approvals Management & BUdget:~ fWY1 ~ Purchasing: 'J Other: f.:£Q Other: County Attorney: y only, if applicable) -... ....., ITEM NO. C9a DATE: 1/25/05 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( X ) P~NTED BY: ~~>< Dennis Grim Code Compliance Manager SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN SUBJECT: Request approval from the Board of County Commissioners for Equipment Requests EQ- 282 through EQ-288 and Budget Amendment number 05-120 I and for building permitting expansion. BACKGROUND: Due to the increased workload from the growth and the hurricanes, on January 11, 2005 the Board of County Commissioners approved 8 new positions. These positions will need computers, vehicles, and printers. Existing staff has been using old dell computer's that are no longer compatible with our system. FUNDS AVAILABLE: Funds will be made available in 491-2415-564000-200 (Machinery and Equipment) PREVIOUS ACTION: 1/11/05 Board of County Commission approved 8 new positions. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Equipment Requests EQ-282 through EQ-288 and Budget Amendment number 05-120. ~APPROVED o OTHER: o DENIED Approved 5-0 E: COMMISSION ACTION: Do sAnderson County Administrator Review and Approvals 181 Originating Dept: (Pub. Wks.) 181 County Attorney: · Management and Budget: ~D Environmental Lands: cO¿) ---r'--- 181 Finance: 0 Other :.J..- I ,_ ' 181 Purchasing: a~ o Growth Management: Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. - '-" ~ PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Dennis Grim, Code Compliance Manager DATE: January 25, 2005 ************************************************************************************************************ BACKGROUND: Due to the increased workload from the growth and the hurricanes, on January 11, 2005 the Board of County Commissioners approved 8 new positions. These positions will need computers, vehicles, and printers. Existing staff has been using old dell computer's that are no longer compatible with our system. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Equipment Requests EQ-282 through EQ-288 and Budget Amendment number 05-120. '-" ...., BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PUBLIC WORKS CODE COMPLIANCE PREPARED DATE: 1/19/2005 AGENDA DATE: 1/25/2005 TO: FROM: 491-9910-599300-800 Reserves $77,100 CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: úcul~ BA05·120 t/) 0:: Wit) zO O~ - I t/)-.::t t/)O -0 :EN :Eo:: 0< OW » 1-....1 z< :JO O~ OLL LLO:: 00 eLL 0::1- <V) OW m:J >0 I-W zO:: :JI- OZ OW W:E _0.. 0- :J:J ....10 .W l- t/) x '-" ...., I/) .... .9 U Q) Q) o...c: 1/)..... c:- .- ro Q)"C £; c: ..... CIJ CIJ..c: £;~ g e I/) 01 Q) I/) g~ ..c: c: Q) :J > 0 Q) U I/) Q) Q)..c: ..c: ..... .......c: -..... o .- "C~ Q) . Q) i?:' . c:c:~ c: :J g .- 0 .... Q)u..... .... Q) Q) CIJ ..c: .2: Q) ..... .... >....."C >:J_ . 0 a> I/) ..c: a> ~ §1~ .- 0 ..c:....~ Q)..c:_ > ..... ro t:: I/) c: o 5 .Q ..c:._ ~ l/)êO"C I/)U"C .- 0 ro .....-a> C:I/)..c: a>:J..... 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LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote Date Quote # 1/18/2005 500 Name/Address PW/CODE COMPLIANCE QUOTE VALID UNTIL W.O. # REQUESTOR 2/18/2005 54522 JoAnn Staley Description Qty Rate Total HP LaserJet 4350TN Printer 2 1,650.00 3,300.00 VENDOR INFORMATION: CDW-G 200N. Milwaukee A venue Vemon Hills, IL 60061 The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $3,300.00 stated. AUTHORIZED SIGNATURE '-' ....., "Q)- C.e N.Q) ..... Q) Q).e I/) . Q) c: en .e .Q - - 0:: ....S o .- W It) """ E "0= Zo Q) Q) Q) 0 00 c: ro Q) a. _N .e I/) en- -- 0 en~ "Q)2 0 .æ 0 ~ -0 Q)~ 0 0 :EN ~ Q) 0 :Eo:: _ .e (& c:- Q) 0 It) Oc( E- o It) 1:: Q) ~ OW ro :J "'It 0."0 ~ ~~ Q)"o C$ ~ Ø) 0)1/) "'It Zc( c: Q) :it .- :J ~O' I- :)0 E e z oen .... Q) ~ Q) .... 0 oU:: a.. ro U Q) I/) ~ .e ..... LLO:: - 0 - - 00 o ï:: Q) 0 eLL 5 E - Q) 0::..... o I/) 2 Q) c(en -.e 1/)1- OW e Q) . £0:) .e.e _ 0 ~ß "0 ro c: Q) roO) _0) zO:: c:N Q)fß :)..... E(ij 1::1/)": OZ ro· 0 a.S:t: OW Q)-c: C ï:: 0 W:E Q) 0 E w =~Q) _D.. U -"Q)= 0- (l)ä o c: c: :):) Q) ro 0 ~- .~ a.. 1:: ...JO 0::-' OD. 1/)-0 W Q).!2a.. ,... . ~~ .eLL. ..... - cc CX) UU Õ~CI) N en I -w Q)LL.:::> I() 0 -'0 I/)~"O 0 ~O m ,... c: W .... ro D.U 0..... . c: a. 1: ä .- .... Q) Q) ro E =&5- w .erol/) 0:: _ .... :J l- .- .... :.c 3:5ro z w :E D. :5 a w é~to17~ Infòrmation Technology ,>~,. i':',<...;;;;;~;~,_"~,,;;...;,,, '-' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 ....." IT Quote Phone: (772) 462-1681 Fax: (772)462-1443 Date Quote # 1/18/2005 501 Name/Address PW/CODE COMPLIANCE QUOTE VALID UNTIL W.O.# REQUESTOR 2/18/2005 54525 JoAnn Staley Description Qty Rate Total Dell UltraSharp 1704FPV Flat Panel Monitor wlheight 12 299.00 3,588.00 adjustable stand VENDOR INFORMATION: Dell Computers One Dellway, RR2E Box4 Round Rock, TX 78682 State Contract #250-000-03-1 The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $3,588.00 stated. AUTHORIZED SIGNATURE '-' 'WI .... "0 0 .... - CD fI ~ 8 :z:: CD - N CD ..... - c: Q) Q) fI E en Q)t £ CD ~ .... 0. SQ) W It) "OC ZO Q)O) Q) c: 00 c::c Q)= -~ .r; :J en~ -m Q Q) Q) Q eno .æ£ ~ -0 Q).... Q :EN ~ 0 Q Q - ~ ~ :E~ c: :J Q)ü It) 0« I E :J It) t .... .... OW CDû) 'lit ~~ 0.Q) ~ Q) .... C Q) .... Ø) 0)£ 'lit z« .~ "0 ~ :=: c: ::JO .- CD z E fI :) oen Q) c: 0 a...Q oiL - (.) 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LUCIE COUNTY 2300 VIRGINIA A VENUE FORT PIERCE, FL. 34982 IT Quote Date Quote # 1/19/2005 504 Name/Address PW /CODE COMPLIANCE QUOTE VALID UNTIL w.O. # REQUESTOR 2/19/2005 54525 Description Qty Rate Total Howard Desktop S465ML - Standard PC for FY05 12 1,351.00 16,212.00 3.2 GHz, Pentium 4 Processor, Motherboard 1 GB DDR SDRam Memory Floppy Drive DVD ReWritable, Dual Fonnat, DVD-RW&+RW,CD-R Drive 40GB Hard Drive Integrated Intel Pro/lOOVE Network Card Integrated Intel 845G Extreme Graphics Video Card Integrated ADI Sound Card Microsoft Windows XP Professional No Monitor , Mouse, Keyboard, 2-Pc Stereo Speakers Microsoft Office Professional 2003 4-Year Standard Warranty (No Refresh) VENDOR INFORMATION: Howard Computers 580 Eastview Drive Laurel, MS 39440 The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $16,212.00 stated. AUTHORIZED SIGNATURE ...., ITEM NO. C9B DATE: Januarv 25.2005 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( X ) ¡rsjNTED BY: ~;:G;!- Code Compliance Manager SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN SUBJECT: Request title change only from Zoning Supervisor to Permitting Supervisor BACKGROUND: On January 11,2005, The BOCC was presented an agenda requesting 8 new positions, one being a Zoning Supervisor. I was not aware that Human Resource already had this position as existing. OMB shows this position as a Permitting Supervisor, however Human Resources along with Payroll shows as a Zoning Supervisor, therefore the request to the Board on January 11, 2005 should have been for a new Permitting Supervisor instead of Zoning Supervisor. FUNDS AVAILABLE: Funds have already been approved on 1/11/05 in the salary account 491-2415-512000- 200 PREVIOUS ACTION: NA RECOMMENDATION: Staff request approval from the SDCC for title change and position request number RC05-011 COMMISSION ACTION: ~PPROVED DENIED OTHER: Approved 5-0 E: ou Anderson County Administrator Review and ADDrovals : Originating Dept: (Pub. Wks.) : County Attorney: : Management and BUdge~ Environmental Lands: : Finance : Other ,rÆ- ~ : Purchasing: Growth Management: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. ~ 'Ottt# PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM TO: BOCC Doug Anderson, County Administrator Ray Wazny Assistant County Administrator FROM: Dennis M. Grim, Code Compliance Manager / Building Official SUBJECT: DATE: Request title change only from Zoning Supervisor to Permitting Supervisor 1/19/05 BACKGROUND: On January 11, 2005, The BOCC was presented an agenda requesting 8 new positions, one being a Zoning Supervisor. I was not aware that Human Resource already had this position as existing. OMB shows this position as a Permitting Supervisor, however Human Resources along with Payroll shows as a Zoning Supervisor, therefore the request to the Board on January 11, 2005 should have been for a new Permitting Supervisor instead of Zoning Supervisor. RECOMMENDA TION: The job classification is the same for either supervisory position. Therefore I am asking the BOCC to approve the name change to reflect the position that Code Compliance is requesting to fill. Enclosed is a new job description. ~ 'wi JOB CODE: New PAY GRADE: 18 SALARY: $33,828.50 - $54,309.84 PERMITTING SUPERVISOR MAJOR FUNCTION: Responsible supervisory position for the Permitting Services Section, Code Compliance Division, Department of Public Works. Position reports to the Code Compliance Manager. KNOWLEDGE, ABILITIES AND SKILLS NEEDED IN ORDER TO PERFORM THE ESSENTIAL JOB FUNCTIONS: KNOWLEDGE: Understanding the basic principals of building permit processing and review. Knowledge of the County's Land Development Regulations, familiarity with the procedures necessary for contractor licensing and the Florida Building Code. Demonstrated office and personnel management skills are required. Knowledge of automated permitting and data management systems is preferred. ABILITIES: Must be able to deal effectively with the public and present opinions both written and orally in clear and concise fashion. Must be able to maintain effective relationships with members of the Section, Division, Department and other Departments and Agencies. ESSENTIAL JOB FUNCTION: Supervisor in the organization and administration of the Permitting Services Section. The Section is responsible for the acceptance and processing of all building and construction permit applications, the processing building development information as well as the clerical administration of the Florida Building Code as it relates to permitting of all construction in St Lucie County. ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Good hand/eye coordination. Very frequent use of good near vision, good hearing. Occasional walking and frequent standing. Ability to lift 30 pounds occasionally. EDUCA TION: Three years of progressively responsible experience in permitting administration or code interpretation. EXPERIENCE: A comparable amount of training or experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION OR REGISTRATION: Florida driver's license may be required. I Union Non-Union ., I Exempt ., Non-Exempt "U 0 tJ) ::¡ õ Z :tI m {) :'!' :II -f () ~ 0 (j)" 01 I (j)" 0 -" ~ -" en 0-+ ;::¡: -I CD . (") .". ~ ~ OC :::J cc enQ CD =¡m 0 :::J -0 -< 00 - ~ Zc 0 3 ::DZ N m-l 0 :::J 0-< :::J Cm cc (J) mO c en» "'C CD -I::D < (So (j)" 0 ~ ::DO 0-+ 0 ,," "'U -0 CD eno ~ 3 °c ;::¡: :::-" ~Z :Þ :::J 0 cc -<-I 0 (J) 0 c m-< c "'C »0 z CD -I < ::DO :'!' (j)" I\)S: .þ.. 0 <0 ;"" OS: -" I -f 0_ I\:) ~ .þ.en .þ.. (j)" -" len 01 ~" 1\)- I 01 °0 -" I\:) :::J ~Z 0 0 0 m 0 0-+ I I\:) 3 ::D 0 0 "'C en ~ (") 0-+ 0-+ ~ CD C" C c.. cc CD 0-+ " ~EM NO. C-10A DATE: 1/25/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER. DIRECTOR SUBJECT: Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricane Frances/Jeanne BACKGROUND: See attached memorandum FUNDS AVAILABLE: Hurricane Frances Program #190026 - Various funds and organizations (emergency reserves to be reimbursed by FEMA) Hurricane Jeanne Program #1902 - Various funds and organizations (emergency reserves to be reimbursed by FEMA) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board: (1) Ratify the County Administrator's Order effective September 3, 2004 at 5:00 P.M. and September 24, 2004 at 9:00 A.M., (2) Approve the waiver of sealed bids as a result of the declared emergency, (3) Ratify the County Administrator's approval of the list of emergency purchases orders, credit card purchases, and authorize the Chairman to sign contracts as prepared by the County Attorney. COMMISSION ACTION: (~APPROVED () DENIED ( ) OTHER Approved 5-0 Originating Dept. ( ) Mgt. & Budget ( ) Other ( ) U NDERSON COUNTY ADMINISTRATOR Purchasing (X)¿(;;! / Other ( ) County Attorney (X) y Coord ì n ation/S iq n atu res finance: (check for copy, only if applicable)_ BOARD OF COUNTY COMMISSIONERS ...., PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director £1P Date: January 19, 2005 Re: Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricane Frances and Jeanne *********************************************************************************************************** BACKGROUND: Pursuant to Section 252.38, Florida Statutes (2003), political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of persons and property. The Board has previously adopted Resolution No. 00-277 authorizing the St. Lucie County Administrator and the County Public Safety Director to exercise certain emergency powers and authority during a local emergency. The impact of Hurricane Frances has placed St. Lucie County in a state of local emergency, exposing the citizens of the County to danger to life and property. As a result, on September 1, 2004, at 4:00 P.M., the St. Lucie County Public Safety Director declared a state of local emergency with Hurricane Frances and September 24,2004, at 7:00 AM., for Hurricane Jeanne. To date, these states of emergency have been extended until further notice. Effective September 3,2004, at 5:00 P.M., the St. Lucie County Administrator issued an order waiving purchasing procedures for certain emergency purchases. A copy of this order is attached. Pursuant to Section 5.5 of the County's Purchasing Manual, the Board has authorized the waiver of bids in an emergency. Attached to this memorandum is a list of emergency purchase orders related to Hurricanes Frances and Jeanne since last Board approval to date. Further background information and details on these purchases are available at the Purchasing Department. January 19, 2005 ~ "WI Approval of Bid Waiver and Ratification of Emergency Purchase Orders from Hurricane Frances and Jeanne Page 2 RECOMMENDA TION/CONCLUSION: Staff recommends that the Board: (1) Ratify the County Administrator's Order effective September 3,2004 at 5:00 P.M. and September 24,2004 at 9:00 A.M.; (2) Approve the waiver of sealed bids as a result of the declared emergency; (3) Ratify the County Administrator's approval of the emergency purchase orders, credit card purchases, and authorize the Chairman to sign contracts as prepared by the County Attorney. Respectfully submitted, ae~t~ Ed Parker ' Purchasing Director '-' "wi AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR' WAIVING PURCHASING PROCEDURES FOR CERTAIN EMERGENCY PURCHASES .[HURRICANE FRANCES) WHEREAS, the St. Lùcie County Ad~inistrator has made the folrowing" determ'inatioñs: 1. . Pursuant. to Section 252.;18, Florida Statutes, political subdivisions of the state have the power during' a state of focal emergency to provide for the health and safety of persons and property. 2. The Board of County Commissioners of St. Lucie County has adopted Resolutiòh No. 00-277 auth.orizing the St. Lucie County Administra.tor and the St. Lucie County Public Safety Director to exercise certain emergency powers and authority during a local emergency. 3. The impact of Hurdcane Frances has placed St. Lucie County in a state of emergency, exposing the c-ìtizens thereof to danger to life and property. Director declared a state of local· emerg.ehcy which state of emergency has been extended to 4. On September 1, 2004, at 4:00, p.m., the St. Lucie Coun-ty Public Safety September 29, 2004. 5. In order to respond to such emergency, upon this dedaratiòn, the County Administrator or his designee is authorized to initiate and take such actions authorize.d by ResoluÜori No. 00-277 [copy attached) for and on behalf of . the Board of. County Commissioners during the térm of such local state of emergency. 6. Based on the recommendatjon of the Purchasing Director and on the advice of the Public Safety Director, the Public Works Director, local law enforcement officials, including effects of H~rricaneFrances, there exist clear and present threats to life and public health and the S1. Luçie County Sheriff and the St. Lucie County Fire District Fire Chief, as a result of .the $afety as weIJ as a threat of significant damage to improveçJ pubijc and private property necessitating the award. of contracts for goods and services which cannot be delayed by the amount of time required to adhere to the County's standard purchasing procedures. 'w "wi NOW, THEREFORE, I am issuing the following Order: waive the provisions of St. Lucie County Purchasing Manual for those purchases of goods and 1. Effective September 3, 20.0.4 at 5:0.0. p.m., the Purchasing Director is directed to improved public and private prûperty which cannot be de¡aY~d by the amount of time required services necessary to remove an. immediate threat to human life, public health, and safety, anq Administrator and subsequent ratification by the Board of County Commissioners. to obtain competitive bidding. Such purchases shall require the written approvaf of the County the Circuit Court and delivered to the appropriate news media for publication and radio arid' 2. . This Order shall, as pFOmptly as practicable, be filed in the office of the Clerk of television broàdcast thereof. ;:,¿ Signed this ~ day of September, 20.0.4, at O"".rri. . Anderson Co nty dministrator St. Lucie County 'w' -..,I AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR WAIVING PURCHASING PROCEDURES FOR CERTAIN EMERGENCY PURCHASES (HURRICANE JEANNE) WHEREAS, the St. Lucie County Administrator has made the following determinations: 1. Pursuant to Section 252.38, Florida Statutes, political subdivisions--of the state have the power during a state of local emergency to provide for th¡;¡ health and safety of . persons and property. 2. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the St. Lucie County' Administrator and the. St. Lucie County Public Safety Director to exercise certain emergency powers and authority during a local emergency. 3. The impact of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to fife and property. 4. On September 24, 2004, at 7:00, a.m., the St. Lucie County Public Safety Director declared a state of local emergency which state of emergency has been extended to October 7, 2004. 5. In orc;Jer to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution No. 00-277 (copy attached) for and on behalf of the Board· of County Commissioners during the term of such local state of emergency. 6. Based on the recommendation of the Purchasing Director and on the advice of the Public Safety Director, the Public Works Director, local law enforcement officials, -including the St. Lucie County Sheriff and the St. Lucie County Fire District Fire Chief, as a result of the effects of Hurricane Jeanne, there exist clear and present threats to life and public health and safety as we!'1 as a threat of significant damage to improved public and private property necessitating the award of contracts for goods and services which cannot be delayed by the amount of time required to adhere to the County's standard purchasing procedures. . - '-' "'wI NOW, THEREFORE, I am issuing the following Order: 1. Effective September 24, 2004 at 5:00 p.m., the Purchasing Director is directed to waive the provisions of St. Lucie County Purchasing Manual for those purchases of goods and services necessary to remove an immediate' threat to human life, public health and safety, and improved public and private property which cannot be delayed by the amount of time required to obtain competitive bidding. Such purchases shall require the written approval of the County Administrator and subsequent ratification by the Board of County C.ommissioners. 2. This Order shall, as promptly as practicable, be filed in the office of the Clerk of the Circuit Court and delivered to the appropriate news rt:ledia for publication and radio and television broadcast thereof. Signed thi~ day of September, 2004,at~Æ-. -- . Andersõn Co un Administrator St. Lucie County BOARD OF '-' COUNTY COMMISSIONERS ...,¡ PURCHASING DEPARTMENT ED PARKER, DIRECTOR EMERGENCY PURCHASES FOR HURRICANE FRANCES 1/19/05 PAGE 1 P.O.# DEPARTMENT VENDOR DESCRIPTION AMOUNT TOTAL AMOUNT 80 RECESSED LIGHT FIXTURES P2511436 CENTRAL SERVICES W.W. GRAINGER AND 180 LAMP BULBS 10,489.00 STRUCTURAL ENG. DESIGN & SKETCHES-INFILL OF MAIN ROOF- P2511519 CENTRAL SERVICES JENKINS & CHARLAND CIVIC CENTER 1,000.00 REPLACE CARPET WNlNYL - P2511516 CENTRAL SERVICES CARPET ETC. HEALTH DEPT, AVE. C 1,723.39 REPLACE CARPET WNlNYL - P2511462 CENTRAL SERVICES CARPET ETC. HEALTH DEPT HIV BLDG. 1,225.70 14,438.09 PERIMETER OF UDT SEAL P2511536 PARKS & REC. ADRON FENCE CO. MUSEUM 46,510.00 (1) 20 YD ROLLOFF CONTAINER P2511410 PARKS & REC. WASTE PRO FOR CIVIC CENTER CLEANUP 300.00 46,810.00 P2511389 PUBLIC SAFETY WASTE PRO EXTRA PICKUP OF GARGABE 50.00 SERVICE CALL-BDA IN FRAME ROOM, LABOR LANDFILL CASE #10443069, ASSIST TOWER CREW- PSL HIGH SCHOOL & RIM DITCH, ASSIST TI LINES-LANDFILL, PSL HIGH & RIM, SERVICE CALL MOTOROLA CASE #10443386, P2511481 PUBLIC SAFETY DAVES COMMUNICATIONS ADAPTERS 2,405.35 REPLACE VOLTAGE REGULATOR P2511482 PUBLIC SAFETY POWER PRO AT LANDFILL TOWER 1 ,465.16 LABOR-REPAIR/DELlVERY SPECTRUM GENERATOR P2511517 PUBLIC SAFETY DAVES COMMUNICATIONS CONTROL BOARD 80.00 4,000.51 CHANGE ORDER #1 - S. INDIAN RIVER DR. EMERGENCY RECONSTRUCTION - BOARD APPROVED 12/21/04 - FOR P2511419 PW-ENGINEERING RANGER CONSTRUCTION STATISTICAL PURPOSES ONLY 3,526,000.00 3,526,000.00 SIGNAL & CROSSING P2511479 PW-ROAD & BRIDGE FEC MAINTENANCE -INV. #6533080 5,288.36 5,288.36 (1) 2" MP3127/216 3HP 208V FL YGHT PUMP W/40' OF MOTOR P2511432 UTILITIES ELLIS K. PHELPS CABLE - REPLACEMENT 5,305.00 REPLACE COMPOSITE SAMPLER - S. HUTCH. ISL. wwrp - INCREASE P2510301 UTILITIES ISCO P.O. TO CORRECT SAMPLER 2,850.00 P2511514 UTILITIES G&R LAND DEV. REMOVAL OF TREES/DEBRIS 1,500.00 9,655.00 PURCHASE ORDERS - FRANCES 3,606,191.96 3,606,191.96 CREDIT CARD CENTRAL SERVICES CREDIT CARD 3,268.55 3,268.55 TOTAL PURCHASES-FRANCES 3,609,460.51 3,609,460.51 BOARD OF '-' COUNTY COMMISSIONERS ..., PURCHASING DEPARTMENT ED PARKER, DIRECTOR EMERGENCY PURCHASES FOR HURRICANE JEANNE PAGE 2 - 1/19/05 P.O. # DEPARTMENT VENDOR DESCRIPTION AMOUNT TOTAL AMOUNT P2511487 AIRPORT UNITED RENTAL RENTAL - BARRICADES 2,500.00 2,500.00 (4) MOS. OFFICE TRAILER RENT- P2511457 CENTRAL SERVICES WILLIAMS - SCOTSMAN PROP. APPRAISER - MFO-08780 6,500.00 REMOVE CARPET & INSTALL NEW P2511477 CENTRAL SERVICES MOHAWK CARPET CARPET-FT. PIERCE LIBRARY 69,406.00 75,906.00 PHASE II PERMANENT REPAIRS - IMPOUNDMENTS #1,2,3,4,5,6,9, 10A, 17A, 18A, 19A, 19B, 24 - BOARD APPROVED ON 12/14/04 - FOR STATISTICAL P2511476 MOSQUITO CONTROL NATIVE TECHNOLOGIES PURPOSES ONLY 4,064,656.21 ENGINEERING SVCS. - POST HURRICANE IMPOUNDMENT REHAB. PHASE II - CONTRACT 03- P2511470 MOSQUITO CONTROL HAZEN & SAWYER 05-395 48,220.00 4,112,876.21 (1) 20 YD. ROLLOFF DUMPSTER - P2511408 PARKS & REC. WASTE PRO SAVANNAS 600.00 CANCEL THIS PO REPORTED ON P2510897 PARKS & REC. AHRENS ENTERPRISES 12/1/04 - SEE P2510897 <68944.00> REPAIR/REPLACE WIND SHEARING DAMAGES ($68,944.00) - BOARD APPROVED 10/19/04 & REPAIR/REPLACE (37) ADDITIONAL LIGHT FIXTURES ($11,103.71)- BOARD APPROVED 12/21/04- EQUESTRIAN ARENA- P2511413 PARKS & REC. AHRENS ENTERPRISES FAIRGROUNDS 80,047.71 REPAIR/REPLACE LIGHTING & FIXTURES ON BASEBALL FIELDS 3 & 4, (3) SOFTBALL FIELDS AND BATTING CAGE - LAWNWOOD P2511426 PARKS & REC. MUSCO LIGHTING PARK 84,111.00 REPAIR/REPLACE LIGHTING & FIXTURES ON (4) BASEBALL P2511427 PARKS & REC. MUSCO LIGHTING FIELDS - ELKS PARK 35,921.00 REPAIR/REPLACE LIGHTING & FIXTURES ON (2) LITTLE LEAGUE, (1) FOOTBALL, & (1) BASEBALL P2511428 PARKS & REC. MUSCO LIGHTING FIELD - NORTHSIDE PARK 179,746.00 REPAIR/REPLACE LIGHTING & FIXTURES ON BASEBALL FIELD, TENNIS COURT - ALSO REPLACE (4) POLES ON TENNIS COURT- P2511429 PARKS & REC. MUSCO LIGHTING LAKEWOOD PARK 37,621.00 (1) 20 YD. ROLLOFF DUMPSTER- P2511445 PARKS & REC. WASTE PRO ELKS PARK 300.00 REPAIR DUGOUT ROOFS (8) BASEBALL FIELD (6) SOFTBALL P2511496 PARKS & REC. TAYLOR MADE METALS FIELDS - LAWNWOOD REC. AREA 12,250.00 REPAIR/REPLACE PARKING LOT LIGHTING, WIRING, JUNCTION P2511535 PARKS & REC. GERELCO ELECTRICAL BOXES, ETC. - TRADITION FIELD 78,550.00 440,202.71 MESC. MEDICAL SUPPLIES - P2511518 PUBLIC SAFETY IV PLUS SPECIAL NEED SHELTERS 341.00 341.00 RIP RAP STONE- CARL TON RD. P2511438 PW-ROAD & BRIDGE STATEWIDE MATERIALS PROJECT 4,999.00 SIGNAL CROSSING MAINTENANCE· P2511480 PW-ROAD & BRIDGE FEC INV. #6533096 21,377.59 26,376.59 PURCHASE ORDERS - JEANNE 4,658,202.51 4,658,202.51 · BOARD OF \w COUNTY COMMISSIONERS ...., EMERGENCY PURCHASES FOR HURRICANE FRANCES 1/19/05 PAGE 3 CREDIT CARD CENTRAL SERVICES PURCHASING DEPARTMENT ED PARKER, DIRECTOR 161.73 CREDIT CARD LIBRARY 99.88 CREDIT CARD - JEANNE TOTAL PURCHASES-JEANNE FRANCES JEANNE TOTAL TO BOARD: 1/18/05 3,609,460.51 4,658,464.12 8,267,924.63 TO BOARD: 10/05/04 - PO'S - FRANCES TO BOARD: 10/05/04 - CREDIT CARD STATEMENT - FRANCES TO BOARD: 10/12/04 - PO'S - FRANCES TO BOARD: 10/19/04 - PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 10/26/04· PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 11/02/04 - PO'S. - FRANCES TO BOARD: 11/09/04· PO'S - FRANCES TO BOARD: 11/15/04· PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 11/23/04 - PO'S - FRANCES TO BOARD: 12/7/04 - PO'S - FRANCES TO BOARD: 12/14/04 - PO'S· FRANCES TO BOARD: 12/21/04· PO'S - FRANCES TO BOARD: 1/11/05 - PO'S- FRANCES TO BOARD: 1/25/05 - PO'S - FRANCES 24,870,890.27 188,462.70 877,545.68 942,831.71 125,799.29 125,619.99 8,177,287.88 3,190,311.52 169,414.35 70,620.13 292,007;84 72,365.75 258,477.26 3,609,460.51 TOTAL FRANCES TO DATE: 42,971,094.88 TO BOARD: 10/12/04· PO'S· JEANNE TO BOARD: 10/19/04 - PO'S & CREDIT CARD PURCH. - JEANNE TO BOARD: 10/26/04 - PO'S & CREDIT CARD PURCH. - JEANNE TO BOARD: 11/02/04 - PO'S - JEANNE TO BOARD: 11/09/04 - PO'S- JEANNE TO BOARD: 11115104 - PO'S & CREDIT CARD PURCH. - JEANNE TO BOARD: 11123104 - PO'S - JEANNE TO BOARD: 1217/04 - PO'S· JEANNE TO BOARD: 12114104 - PO'S - JEANNE TO BOARD: 12121104 - PO'S - JEANNE TO BOARD: 1111105· PO'S - JEANNE TO BOARD: 1125105 - PO'S - JEANNE 548,078.39 252,234.83 497,017.14 9,750.80 223,951.36 87,753.77 80,811.77 29,679,672.96 67,671.17 3,240.00 568,551.65 4,658,464.12 TOTAL JEANNE TO DATE: . 36,677,197.96 TOTAL HURRICANE EXPENSES TO DATE: 79,648,292.84 261.61 261.61 4,658,464.12 4,658,464.12 "" Y' \wi ITEM NO. C10B DATE: 01/25/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING Ed Parker, Purchasinq Director SUBJECT: Assignment of Agreement for Contract No. C98-12-185 with Severn Trent-Avatar Utility Services, LLC to Severn Trent Environmental Services, Inc. for operation, maintenance, and management services for St. Lucie County water, wastewater, and reclaimed water facilities. BACKGROUND: See attached memorandum FUNDS AVAilABLE: # N/A PREVIOUS ACTION: On January 11, 2005 the Board of County Commissioners approved the Second Extension to Contract C98-12-185 with Severn Trent-Avatar Utility Services, LLC. RECOMMENDATION: Staff recommends approval of the Assignment of Agreement for contract with Severn Trent-Avatar Utility Services, LLC to Severn Trent Environmental Services, Inc. and authorization for the Chairman to sign the assignment as prepared by the County Attorney. COMMISSION ACTION: pq APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do g nderson County Administrator County Attorney: (X) y Coordination/Sia natures Mgt. & Budget( ) Purchasing Dir.: (X) Other: ¡¡;/ j/ Originating Dept Finance: (Check for Copy only, if Applicable) Other: ( BOARD OF COUNTY COMMISSIONERS """ PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director ¡J f January 19, 2005 From: Date: Re: Assignment of Agreement for Contract No. C98-12-185 with Severn Trent-Avatar Utility Services, LLC to Severn Trent Environmental Services, Inc. for operation, maintenance, and management services for St. Lucie County water, wastewater, and reclaimed water facilities. *********************************************************************************************************** BACKGROUND: On December 22 1998 the Board of County Commissioners entered into an agreement through December 31, 2003 with Severn Trent-Avatar Utility Services LLC to provide operation, maintenance, and management services for St. Lucie County water, wastewater, and reclaimed water facilities. The agreement has been extended for two (2) of the three (3) one-year extensions. Contract is extended through December 31,2005. Assignment of Agreement allows the parent company, Severn Trent Environmental Services, Inc. to continue to provide the services as outlined in the original agreement. JOSEPH E. SMITH, District NO.1 · DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 _ TDD (772) 462-1428 website: www.co.st-lucie.fI.us '-' ....., ASSIGNMENT OF AGREEMENT BY AND BETWEEN ST. LUCIE COUNTY AND SEVERN TRENT-AVATAR UTILITY SERVICES, LLC Contract No. C98-12-185 THIS ASSIGNMENT OF AGREEMENT is entered into this _ day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and SEVERN TRENT- AVATAR UTILITY SERVICES, LLC, ("Assignor"), and SEVERN TRENT ENVIRONMENTAL SERVICES, INC., ("Assignee"). WIT N E SSE T H: WHEREAS, the County and Assignor entered into an Agreement, as amended, for operation, maintenance, and management for St. Lucie County water, wastewater, and reclaimed water facilities and sludge disposal (hereinafter referred to as the "Agreement"); and WHEREAS, Assignor will be merged into Assignee, its parent company, which will continue to provide all of the services in the Agreement, as amended, with the same individuals and management team; consequently, Assignor has agreed to assign the Agreement, as amended, to Assignee and the County has agreed to approve the assignment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County, the Assignor and the Assignee hereby covenant and agree to as follows: 1. Assiqnment of Aqreements. Assignor hereby assigns to Assignee all of its rights, duties, liabilities and obligations as specifically set forth in the Agreement, as amended, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. 2. Assumption of Aqreements. Assignee hereby agrees to assume, perform and discharge all duties, liabilities and obligations of Assignor as set forth in the Agreement, as amended. 3. Approval of the Assiqnment. The County hereby approves the assignment of the Agreement, as amended, from the Assignor to the Assignee. 4. Effective Date. This Assignment shall be effective as of September 1, 2004. ~ "WfI IN WITNESS WHEREOF, the County, Assignor and Assignee have each caused this Assignment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney ASSIGNOR: SEVERN TRENT-AVATAR UTILITY SERVICES, LLC WITNESSES: By: Print Name: Print Title: ASSIGNEE: SEVERN TRENT ENVIRONMENTAL SERVICES, INC. WITNESSES: By: Print Name: Print Title: 2 ~' ~ ITEM NO. C-10C DATE: 01/25/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING Ed Parker, Purchasinq Director SUBJECT: Permission to advertise an Invitation for Bid (lFB) for Window Cleaning Services BACKGROUND: Please see attached memo. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for permission to advertise an Invitation for Bid (IFB) for Window Cleaning Services. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 ~ County Attorney: (X) ~ Coordination/Signatures Mgt. & Budget:( . ì Purchasing Dir.: (X) ð T Originating Dept: Finance: (Check for Copy only, if Applicable) Other: Other: ¡ ... BOARD OF COUNTY COMMISSIONERS ...,., PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director ~ f From: Date: January 19, 2005 Re: Permission to Advertise an Invitation for Bid for Window Cleaning Services *********************************************************************************************************** BACKGROUND: Central Service Department, Housekeeping Division requests permission to solicit bidders for Window Cleaning Services for County Buildings. JOSEPH E. SMITH, District NO.1 · DOUG COWARD, District NO.2. PAULA A. LEWIS. District No.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 _ TOO (772) 462-1428 website: www.co.st-Iucie.fl.us v '-frEM NO. C-10D DATE: 01/25/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Award of RFP #05-011, St. Lucie County Research and Educational Park Development of a Park Master Plan BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of all five (5) proposals for the shortlist and permission to negotiate with the top ranked firm EDSA and to bring back the contract for Board approval. COMMISSION ACTION: E: ()Q APPROVED () DENIED ( ) OTHER Approved 5-0 DO ANDERSON COUNTY ADMINISTRATOR Coord i nation/Sh:matures County Attorney (X ) Originating Dept. ( ) fk Mgt. & Budget ( ) Other ( ) Purchasing (X) $II Other ( ) Finance: (check for copy, only if applicable)_ " W' ..." BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director é;;ð\:0 Date: January 19, 2005 Re: Award of RFP #05-011, S1. Lucie County Research and Educational Park Development of a Park Master Plan *********************************************************************************************************** BACKGROUND: On January 7,2005 proposals were opened for RFP #05-011, S1. Lucie County Research and Educational Park Development of a Park Master Plan. One thousand four hundred thirty-three (1433) vendors were notified, seventy-five (75) documents were distributed, and five (5) responses were received. A Selection Committee met on January 13, 2005 to review and rank the proposals. The proposals were ranked as follows: Methodology Time Schedule Qu alifications Previous Experience Maximum Points 25 25 25 25 The Selection Committee ranked the proposals as follows: 1) EDSA 2) Land Design Innovations 3) RS&H Inc. 4) Genesis Group 5) Penn Pro Inc. Points 346 314 264 241 171 A letter and resume from Mike Mott was declared non-responsive. '-' "wi January 19, 2005 Award of RFP #05-011, S1. Lucie County Research and Educational Park Development of a Park Master Plan Page 2 RECOMMENDA TION/CONCLUSION: Staff recommends approval of all five (5) proposals for the shortlist and permission to negotiate with the top ranked firm, EDSA, and to bring back a contract for Board approval. '-' "'w1I (JArQJ ----Ln G~ c-- --.. r.l j-- J- .---- ---- (Yì (Y) (\1\ ÇJ a In ~ ---- e::: --- '- J- <J: -- ----.. a. 2 0 ¡:: <J: :2: uz S :::1<3: cr: ""'-- ('" cO Q..J 0 \N f" (j N wa. 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Z \J '~ üo 0 \'\\ a í'Î'\ N\ ~ ::J...J f- ~ ~- \'\ ~ \iJ \'{ ...Jw ü .> w tz'\ I-w ....J Cl)c W I (/) 't""' C 't""' C 0 Q) Q) . Q) Q) LO ~2 ~2 0 Q).S Q).S :;:t: ..00 ..00 Q Q)o... Q) .0... '-I.{') '-I.{') OJ ON ON 0::: Ü I Ü I X W \J') (/)0 (/)0 0 OJ .,...\ ~.~ "-.) ~ Ît'¡ ,{::. w· ., w·~ \ \ f- --.... f- '\ ~ <-.......J W ~ f- a « u 0 , ~ .., \ ~, \. ~['j '<.I ¡ Q 0 ~ ~ "'"( "'C ~ ~ c 0 \ ~ Ç) N) ~ "'- --- ......... '-'ì 0::: « a. 2 0 ~ \'0 - Oz ¿ (j \ \.,1) \/) ..:> l'l) ::J« cr. 'V) N -.... Q..J 0 Qo",.. """'" ~ We.. LL oðO::: z ::r:W 0 01- f- o:::<n « «« :J (f) ...J ...J W2 « « ~ > f- \') \ \ 'j- [10::: w 0 \ ~ V) ..n vii 0:::« w f- .... ......... ......... ~ >-e.. w (9 .... f- Z r-IJ.. f- 20 ¿ cr. ::JI- ¿ 0 Oz 0 0 Ow 0 (f) W2 -e.. z (j \"7 00 0 C) Vi 0 " ::J..J f- {'IJ 1'..) rJ c- C- ...JW 0 .> w r-W ...J Cl)Q W I CJ) ~ c c ~ Cl) Q) 0 Q) Q) I ~2 ~2 LO 0 Q).~ Q).S :;t: .DO ..0 ° Q Q) 0. Q) 0. '-I.{) '-I.í) IJJ ON ON cr. Ü I Ü, } W CJ)o CJ)o CD -/1 ¿ <;1 ¡ w r· ¿ r-'\ ....''""=:'.50 W W .þ- -- )f- j¿ W <::::~,::.-:'~ ~~ r- '-0 « U 0 () 0 \S) \-0 Ù r.. '\ ~ Lo _. ~ ('\ '- ~ a.. 2 0 ~ 2 uz ::)c::( 0:: lfì L0 Q..J 0 :::r G -:r we.. LL N (\{ 4:\f. « 'r-( oð~ z J:W 0 UI- f- ~U) « ~c::( ~ (J) -l -l W:E « « en~ > f- a .~ w~ w 0 t\( ~___F ~c::( W f- -::::r- (j N \i >-e.. w (9 ~ f- Z I-I.L.. f- 20 2 0:: ::)1- 2 0 02 0 Ü Uw 0 (J) w:E z -e.. g Uo 0 \D \.0 \D t,-,/! ::)...J f- l0 c··' N N N " ...Jw Ü ~ .> w I-w -l enD w I (J) ~ c c ~ Q) Q) 0 Q) Q) I ¿2 ¿2 It) 0 Q).~ Q).~ :::t ..00 ..00 Cd Q)Cl. Q)Cl. - '-LC:i '-LC:i jffi cc ON ON Ü I Ü I (J)o (J)o co 2 w 2 --t5lli :....;f- '.->f- \ 2 w 2 f- a « u 0 "-' ...., o \D -N '0 \J N .~ -:j- ~ '-' PURCHASING DEPARTMENT ED PARKER, DIRECTOR BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - RFP #05-011 ST. LUCIE COUNTY RESEARCH AND EDUCATION PARK DEVELOPMENT OF PARK MASTER PLAN GROWTH MANAGEMENT OPENED: JANUARY 7, 2005 THE FOLLOWING VENDORS RESPONDED TO THE RFP: 1. EDSA, FT. LAUDERDALE, FL FAX: 954-524-0177 2. GENESIS GROUP, JACKSONVILLE, FL FAX: 904-730-7165 3. LAND DESIGN INNOVATIONS, INC., WINTER PARK, FL FAX: 407-975-1278 4. PENN PRO, INC., MULBERRY, FL FAX: 863-648-4988 5. RS&H, INC., JACKSONVILLE, FL FAX: 904-256-2501 ALSO RECEIVED A LETTER OF COMMENT AND RESUME FROM: MIKE METT, FT. PIERCE, FL NUMBER OF COMPANIES NOTIFIED*: 1433 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 75 NUMBER OF BIDS RECEIVED: 5 'per demandstar.com JOSEPH E. SMITH. District NO.1 + DOUG COWARD, District No.2 + PAULA A. LEWIS, District NO.3 + FRANNIE HUTHINSON, District NO.4 + CHRIS CRAFT, District NO.5 County Administrator- Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 _ TDD (772) 462-1428 website: www.co.st-luCÎe.fI.us \,/ "'1TEM NO. C10E DATE: 01/25/05 AGENDA REQUEST REGULAR () PUBLIC HEARING () CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasing Ed Parker. Purchasinq Director SUBJECT: Bid Waiver and sole source declaration for the purchase of two (2) model #930G Wheel Loaders with a solid waste package for the Public Works Department, Solid Waste Division. BACKGROUND: See attached memo. FUNDS AVAILABLE: 401-3410-564000-300 - Machinery & Equipment PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for the purchase of two (2) model #930G Wheel Loaders with a solid waste package EQ #05-264 and EQ #05-265 to Kelly Tractor for a total amount of $353,323.38 COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney:(X) -" IV au nderson County Administrator Mgt. & BUdget:;(X) Originating Dept: Other: Purchasing M9r.:(X)~ F Other: Finance: (Check for Copy only, if Applicable) BOARD OF COUNTY COMMISSIONERS '-' 'wi PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director W\ ~ Date: January 19, 2005 Re: Bid Waiver and sole source declaration for the purchase of two (2) model #930G Wheel Loaders with a solid waste package for the Public Works Department, Solid Waste Division. *********************************************************************************************************** BACKGROUND: Staff requests consideration for a bid waiver and sole source declaration to Kelly Tractor for two (2) model #930G Wheel Loaders with a solid waste package for a total amount of $353,323.38. See attached memo and sole source request. ..., PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 05-020 TO: FROM: Ed Parker Purchasing Director Leo J. Cordeiro ~ / Solid Waste Manager ~ DATE: January 6, 2005 RE: Caterpillar 930G Please take the necessary steps to award the sole source purchase of two (2) 930G Wheel Loaders equipped with a solid waste package directly from the factory for a total price of $353,323.38. I have attached the specifications, a letter from Kelly Tractor verifying the sole source, and the approved Equipment Request forms. The account that these loaders will be purchased from is 401-3410- 564000-300. Please call if you have any questions. LJC:dls Attachment r-} ".:.!~~ Don West, Public Works Director ~-. .-- .:.:::> ..;:; ~1;05!2005 13:23 7724572117 '-" ST LUCIE OMS PA(iE 01 ""'" s.š Q I~ ~ U) -8- 8 ~~ 0 c::: i~ ~ Wit) It) ¡I I Zo 0 .... 00 !~ ~ -~ I ..... U)~ €>. ~ ~'i ~o .§ :::EN «;¡e ~~ ~'Q .. -~ i ~ . OW.... J:[g 0 ~>-g 1~ 0 ..J~ Z<G'I 1~ ::»0.... -~ ocn.! ~! (J-e u." -811= u..D::~ .s~ OOZ -I: i;::, CLL~ "5'Q ~~ Q::I-'C <WC æ1 OW~ :::J m ::» z I .iK Ow §: ~W~ .~1 zO:: :::»1- ~CI) .- - 8ffi -- ,. ~ J: ~ ~ .'a. W:E 6 ~ ä _D.. i~1 U- ::)=» :::J:æ ... -10 iJj ~ .W ~ --- i Ii- -I~ tn j CD 8 ~j~ Š ~ I- Z ¡, I: 5 g ~ ~ i~ ~& 8b U') :e~ Q ~j Q IÐ CD ~ £;5 8 :a~ ~- ~ .6 N I.~ ct: )!~ ; c( ~g U 8 (,) ~N .c(Ñ )1 u~ u).! 0.._ -e e ; u..~ J= cølXo s~ 'C 02 i~ -'0 u..W ~~ ~ 1- "'0 .¡ U)c( We f ~ ::»z ~ .!:: a~ ... IÐ 8£ we ~I 0:: t- '8: ~ z =: ~.¡ e w e·- 2 ð -8 ;- g. 1~~ - ::) ::J (þ ... C1 fA -= C) ~~] II} W foO !~'E ~ - CD j CI ã § ~j~ ð 11.1 It: t- Z w :E A. ~ 01/05/2005 13:23 7724577117 '-' ST LUCIE OMB PAGE Ð2 "'WI 01/05/2005 14:51 2" - 240-7966 235-7300 235-6896 241-5667 256-4715 240-9452 235-6906 235-6914 239-5814 190-4,402 223-5495 239-7397 203-5921 234-4255 235-6850 204-4329 239-7~94 235-6959 241-6405 254-2399 :218-8836 241-6400 OP-0423 107-4642 256-7518 241-0916 251~5418 OP-0210 000-0000 254-2399 3054772024 SALES PAGE 134 930G~EL LOADER LINlmGE, STANDARD FE:tm1~RS . STANDARD STEERING, :DUAL MODE, STANDARD ALTEHNATOR, B:!GH OUTPUT, 95AMP HYD~~ULICS,2 VALVE 1 LEVER FNR CAB, SLIDING GLASS QUICI:( COUPLER, STANDARD SEAT, COMFORT, AIR SUSPENSION AIR CONDITIONER ENGINE, TIER II COMPLIAN'I' RADU..TOR I WIDE FIN SPACING FAN, RBVERSING DU'~I~RENTIAL, LIMITED SLIP, FRNT DIF~~RENTIAL, LS, HD BRAKES PRECLEANER, DUSTBOWL OIL 'COOLER, HYDRAULIC INSTRUCTIONS, ANSI, NACD MANCJ:/li" OPER. MAINI'. ENGLISH TIRES, 20.5-25, SOLID LIGHT, WARNING BEACON WASTE HANDLER PARTS BOOK, PAPER MIRRORS, OUTSIDE MOUNTED COUNTERWEIGHT, EXTRA BUCKET, 3.9 CYD, LM CUTTING EDGE GROUP, RUBBER DOMESTIC TRUCK INLANP ¡¡'¡<EIGHT 20.5-25 SOLID T!RES EXTRA SET S1,1btotal ...." 3533;n .38 USD Total Quote Other 3533:23.38 t1SD PRICE INCLUDES 60 MONTHS OR 7500 HOURS WHICHEVER OÇCURS FIRST GOVEPl-1MENTAL TOTAL l\1ACHINE PRICE QUOTE IS SUBJECT TO ALL TERMS AND CONDITIONS OF THE CATERPILLAR IT62G BID. REGAADS , /' J/£ ~/ £/ ¿~'~ ALLAN MAYHUGH GOVERNMENTAL SALE MANAGER 01/05/2005 15:21 385477':'024 SALES PA(£ 02/02 '-' ...., );i ",¡,,;-' ¡I, -;'~ , ,: M, 'R ) ~., "".,1"'" Pn¡·. . ¡- 'I, : , I,!] ,., ¡!,CLc .\ to I\'J r It ¡; ,. ,,+i li:!"!-: l' . 'I If[' '/ ' 1",1". I, :.1 ::-f¡ \' I \: ILr ¡ 11 / ~ ' I , J\, I.¡ ¡, !f' L II ¡d·¡i,¡¡~JI I: J,¡~".:: ;' f ;1 Jan 5, 2005 8t Lucie County Solid Waste Ft Pierce FL To: Ron Roberts Caterpillar Ine is the only construction equipment manufadure in North America that provides a factory installed waste disposal arrangement on wheelloade:rs. The Caterpi11ar 930G wheel loader is also the only machine with single box boom style loader arm. The 9300 would be as.sembled at Caterpil1~IJ:'s plant in North CMolina with the waste disposal arrangement, 3.9 CYD light material bucket with bolt on rubber cutting edge: and Flcxport solid tires,. Regards, ~'tl Allan Mayhugh Governmental Sales Manager ... - .AR..'" _ (fA.eN. a- '* ~....... q¡¡~ .tL. m"mt 8255 />IoN 58 St....t 1..11'10,1, ~~ 331"" (30S) 5~2-6jao ~AX {305) 477-;<024 P'1'Ile 2801 ROo$$. Rd. 1:1""'., ~ 38314 (9~41 $"'-319' ~.A)( (~S41 S91-G464 W~,t p~lm IiIncn 6o!\8J I)k~C$'¡ SNd. W, ~"'m eon., FL 33411 (~"') S~~·U~1 ~AX (5tH) SQ;:¡-45~1 CJeWllaon $01 E. $ugQMOI1d Hwy, OI"",Io\on, ~L 33440 (QGJ) ;¡8~.Q177 ~AX ~aß3) 9O~.1COO Napl.5 67Q:ó Shirley Slreet Napl... ~L 3410~ (W1) ~3933 "AX (94\ f 593-3935 ~or1MY'r8 M511(éIl~T"'oto' Of. Port M~"'.. FL 33I>0.~ (941) 693-9233 FAX (941) 5<.13-8875 "UnlB _ 8241 PeaC81 Dfiv~ 13urte QOf\'ja. fL ~!;I50 (g41) 5.1S-7772 I'M (941) ij3í'-99;)9 O.1411n"o (;::¡'-WlIIIjI Only) 11300 E. Colonial Dr Orlljil"dc, Ft.. 3:=!S~Ó (407) 568-8056 ~A.'( (407) Eo1S.770·1 JAN-18-05 12:23 PM S- UCIEC0S0LIDWASTE '-' 77-1-626987 ...,¡ P.02 ~I!Y~~E- -, COUNTY . FLORIDA ." JUSTIFICATION FOR SOLE SOURCE PROCUREMENT , I Based upon the Purchasing Manual, the proposed procurement described below i~ being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of avall,ble sources~ has been made and there Is only one source for the requíred supply. services or construction item. ¡ ¡ We propose to procure the following: : Two (2) 930G Wheel Luaders with Solid Waste Package. ____-..--..-......I/~ As a sole source procurement from: I I -..-.--.-. .-...- --·-····--··---···---i-----·..- ._~--t-- Phone: "71;;) .' cfi.'j· ~:5 p:: I I The basis for this sole source determination and the reason no other vendor is suitabl~ is: ¡ OIll,ï compal1Y that provides the SoJid Waste Padcage on the Wheel Load" 5 d.lrectl~ frQm the hctQry I i ----t- i. ---¡ : '--'-"··-:-1 Name of Company: Kelly Tractor Contact Name: Al1an Ma,yhu&b if¡ 8/o~ T T Date Solid Wast~ Mal1ager Title ---...-..-..., --.-. -------·-1 .... ... - -.-- Note: 1. Enier description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4, Attach sole source leUer from vendor and department. 5. __~ttach proposal trom vcnd..or with pricing, -t- j Approved ( Disapproved ( Purchasing Director Date INTRANET:PURCHASING FORMS:SOLE SOURCE ~ .."", VOTING BALLOT Code Enforcement Board Select (2) Applicant. Mitchell E. Rech pi jl¿ Philip Stic~les ßC OC,fi Keith Pic~ering ~c!..OêJ) pI Julie Orben /¿ COMMISSIONER'S SIGNATURE: ~ ...." VOTING BALLOT Code Enforcement Board Select (2) Applicant. Mitchell E. Rech / Philip Sticl:lles Keith Picl:lering Julie Orben I COMMISSIONER'S SIGNATURE: . />4.£ / £ )?4//AJ '-' ...., VOTING BALLOT Code Enforcement Board 'elect (2) Applicant. Mitchell E. Rech (9--. Philip SticRles Keith PicRering I Julie Orben C~MM~NER'S S.,IGNATURE: )~~1-f5"rz-u:- '-' ""'" VOTING BALLOT Code Enforcement Board Select (2) Applicant. Mitchell E. Rech Philip SticRles )( Keith PicRering 1< Julie Orben ~ ....., VOTING BALLOT Code Enforcement Board 'elect (2) Applicant. Mitchell E. Rech Philip Stic~les / Keith Pic~ering / Julie Orben '-' 'wfI VOTING BALLOT Code Enforcement Board Select (2) Applicant. Mitchell E. Rech Philip Sticl:?les I Keith Picl:?ering ( Julie Orben '-" ....." .. -- .......ca.MI-.rë " Paula A. Lewis, Chairman 'oseph E. Smith, Vice Chairman Dou, C.....rd Frannie Hutchinson Chris Craft District No.1 District No. I District No. 2 District No.4 District No.1 AGENDA 'anu.. 21, 2001 I. MINUTES Approve the minutes from the meeting held on January 11, 2005. 2e GENERAL PUBLIC COMMENT CON'ENT AGENDA I. WARRANTS LIST Approve Warrants List No. 15 and 16. NOTICE: All Proceedings before this Board are electronically recorded. Any penon who decides to appeal any action talæn 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 porty to the proceedings, individuals testifying during a hearing will be swom In. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (712) 462-1777 or TDD (772) 462-1428 at least fo~lght (48) hours prior to the meeting. 01/07/05 F7lillWARR FUND 145 w ~ ST. LUCIE COUNTY - BOARD WARRANT LIST #15- 01-JAN-2005'TO 07-J~~-2005 FUND SUMMARY- MOSQUITO TITLE EXPENSES Mosquito Fund 27,687.36 GRAND TOTAL: 27,687.36 PAGE 1 PAYROLL 0.00 0.00 , ,..." 01/17/05 ST. LUCIE COUNTY - BOARD FZABWARR """" WARRANT LIST #16- 08-JAN-2005 TO 14-JAN-2005 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 404,200.00 GRAND TOTAL: 404,200.00 PAGE PAYROLL 38,770.51 38,770.51 1 ~ ""w1I MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 11,2005 Tape: 2 Convcncd: II :00 a.lll. Adjourned: 11 :05 a.m. Commissioners Present: Vice Chairman, Joseph Smith, Frannie Hutchinson, Doug Coward, Chris Cran, Chairlll,1I1, Paula A. Lewis, abscnt Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks and Rec. Director, Don West, Public Works Director, Paul Phillips, Airport Director, Millie D. Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the minutes lì'OIIl the mcctings held: NOVl'lllhcr 2.1, 2()()4; IkTCI1J1KT 14. 2()()4; l>ccclllhcr 21, 2()()4; al1d, UpOI1 roll c;lIl, motion c,lITicd unanimously. 2. GENERAL PUBLIC COMMENTS Mr. Craig Mundt Hutchinson Island resident, addresscd the Board regarding conservancy of property at a project where 144 units is presently being constructed. Mr. Mundt was advised by the County Administrator that he would receive an update as soon as possible. 3. CONSENT AGENDA A. Warrant List The Board approved Warrant List No. 12,13 and 14. There being no further business to be brought before the Board, the meeting was adjourncd. Chairman Clerk of Circuit Court ~ ...,.¡ 1 .~""'CJIIIMI 7" Frannie Hutchinson, Chairman Chrl. Craft, Vice Chairman 'o..ph E. 'mlth Dou. Coward Paula A. Lewl. DI.trlct NO.4 DI.trlct No.1 DI.trlct No. I District No. 2 District No. 1 AGENDA 'anuar. 25, 2001 I. MINUTES Approve the minutes from the meeting held on January 11, 2005. 2e GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 15 and 16. 2e PUBLIC WORKS - EROSION 1710 Shoreline Stabilization at North Causeway Island: Approve Change Order No.1, release of retainage, and final payment to SKS Engineering, Inc. in the amount of $41,668.06 - Consider staff recommendation to approve 1) Change Order No.1 (increasing the contract time by 21 days), 2) release of retainage ($16,477.06), and 3) final payment No.4 ($25,191.40) to SKS Engineering & Planning, Inc. (totaling $41,668.46), contingent on approval of the release of liens by the County Attomey. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any adion taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contad the St. Lucie County Community SelVices Manager at (J72) 462-1777 or TDD (J72) 462-1428 at least folty-elght (48) houn prior to the meeting. ~ ~ I~ROSI()N DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 11,2005 Tape: 2 Convened: II :05 a.m. Adjourned: II :06 a.l11. Commissioners Present: Chairperson, Frannie Hutchinson, Doug Coward, Joseph Smith, Chris Craft, Paula A. Lewis (absent) Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Pete Keogh, Parks and Rec. Director, Paul Phillips, Airport Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES II W:IS moved hy ('om. ('ow:tnl, seconded hy ('om. ('ran, to :¡pprove the minutes oj' the mccting held I kccmher 14,2004; :lI1d, "1'011 roll call, motioll carriL:d ullanimously. 2. GENERAL PUBLIC COMMENTS Mr. Charles Grande, Hutchinson Island resident, addressed the Board and thanked everyone for their efforts. He asked clarification on item C2A and asked in the future the items be more descriptive. 3. CONSENT AGENDA It W;IS 1110ved by ('0111. ('ran, seconded by ('om. ('owanl, to approve the ('onsent Agenda; and, upon roll cdl, motion carried unanimously. I. Warrant List The Hoard approved Warran I.ist No. 12, 1:1, and 14. 2. Public Works Erosion 3710 A. Amendment No.2 to Project Agreement No. 04SLI with FDEP(C04-01-013)- The ßoard approved Amendment No.2 contingent on review and approval oCthe final agreement by the County Attorney and the execution of said agreement by the Chai rperson. ß. Project Agreement No 04SL2 with FDEP providing funding lor coastal related activiti':s associated with South St. Lucie County Bcach project- The Board approved project Agreement No. 04SL2 with the FDEP and the execution of said agreement by thc Chairperson. ThL:l"L: heing no further husiness 10 he hrought heforc thc ßoanl, thc mceting was adjourned. Chainnan Clerk of Circuit Court 01/07/05 F7J\BWARR FUND 184 '-' ..""", ST. LUCIE COUNTY - ~OARD WARRANT LIST #15- 01-JAN-2005 TO 07-JAN-2005 FUND SUMMARY- EROSION TITLE EXPENSES Erosion Control Operating Fund 177,004.53 GRAND TOTAL: 177,004.53 PAGE 1 PAYROLL 0.00 0.00 '-' ...., 01/17/05 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #16- 08-JAN-2005 TO 14-JAN-2005 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 11,402.53 2,994.62 GRAND TOTAL: 11,402.53 2,994.62 1 '-' AGENDA REQUEST """ ITEM NO. C-2 Date: January 25, 2005 SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: f:P~vL~~~¥L Richard A. Bouchard, P.E. Erosion District Manager TO: ST. LUCIE COUNTY EROSION DISTRICT SUBJECT: Shoreline Stabilization at North Causeway Island: Approve Change Order No.1, release of retainage, and final payment to SKS Engineering, Inc. in the amount of $41 ,668.06. BACKGROUND: The project site Is located on the east end of North Bridge, immediately north of State Road A 1 A, and directly borders the Intracoastal Waterway. This segment of North Causeway Island serves as a County park and includes such amenities as boat ramps and picnic tables. Unfortunately, the shoreline has historically experienced erosion similar to South Causeway Island. Park infrastructure has been threatened (Le. undermining of picnic tables) requiring the County to undertake protective measures. Taylor Engineering, Inc. completed an engineering design to address this erosion problem and secured the appropriate permits providing for a 345 LF of rock revetment with a 6' wide articulating block mat splash pad and a small mangrove mitigation area. On August 10, 2004 the Board approved the project budget and awarded a construction contract to SKS Engineering & Planning, Inc. in the amount of $189,962. Change Order NO.1 includes a contract extension of 21 days due to delays associated with the hurricanes and depicts an increase and decrease in quantities providing for no change in the contract amount. The project was substantially completed on December 9, 2004 and a final walk-through was completed on January 10, 2005. This request is for approval of Change Order No.1, release of retainage ($16,477.06), and final payment no. 4 ($25,191.40) to SKS Engineering & Planning, Inc. (totaling $41,668.46), contingent on approval of the release of liens by the County Attorney. FUNDS AVAIL.: Matching grant funds from FDEP (50%) and FIND (50%) were utilized to cost share in the construction cost. Additional costs in excess of the grant limits were secured from Erosion District project reserves. PREVIOUS ACTION: November 10,1998: FDEP Grant 98SL 1 (50% match) approved $3,930,750 in State funds. Amendment Nos. 1 to 4 to FDEP Grant 98SL 1 added funds and/or extend the expiration date. January 30, 2004: Amendment No.5 to FDEP Grant 98SL 1, extends expiration date to December 30, 2004. April 23, 2002: Board approved W.A. NO.8 with Taylor Engineering, Inc. ($44,357). June 25, 2002: Board approved first amendment to W.A. NO.8 with Taylor Engineering, Inc. ($1,085). May 27,2003: Board approved second amendment to W.A. NO.8 with Taylor Engineering, Inc. ($8,862.98). December 9, 2003: FIND Grant SL-03-05 (50% match) approved $100,000 in funds. August 10, 2004: Board awarded construction contract to SKS Engineering & Planning, Inc. in the amount of $189,962. RECOMMENDATION: Staff recommends Erosion District Board approval of 1) Change Order NO.1 (increasing the contract time by 21 days), 2) release of retainage ($16,477.06), and 3) final payment no. 4 ($25,191.40) to SKS Engineering & Planning, Inc. (totaling $41,668.46), contingent on approval of the release of liens by the County Attorney. COMMISSION ACTION: 1t. APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x]County Attorney [x]Originating Dept. Public works~ ~ [x]Mgt. & Budget [x]Fiscal Coordinator c¿. ~ [x]Finance Department (Grants) [x]Erosion District c:-c o c: += ca ca- N!!!. II- =:> .c ca ca ~ .., G.) OOrn G.) ::J c: ca 11- 0 ~J: 0'" J: '- OO~ c: o ..- ...... U ::J I.- ...... U) c: o o I ...... U) o e. c: o ..- ...... U ::J I.- ........ U) c: o o I cv l.- e. APPLICATION -~~ ~ AND FINAL P~YMENT , ~ . I North Causewa Shoreline Stab' , PROJECT NAME: ENGINEER'S PROJECT NO.: OWNER: Public works 0330 SKS ~ngineering CONTRACTOR: and planninq, Inc. CONTRACT DATE: APPLICATION AMOUNT: $ 41,668.46 FOR PERIOD ENDING: 1/13/05 TABULATION OF AMOUNT DUE THIS APPLICATION ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of completed work") -L-@ .iæ> % -@-, -@-' -@-, CHANGE ORDER NO. CHANGE ORDER NO. CHANGE ORDER NO. CHANGE ORDER NO. COMPLETE COMPLETE COMPLETE COMPLETE (+) (+) ( +) ( +) PREVIOUS PAYMENTS/ U $45,611.82 .2 $34,726.68 / t3 $67 qr:;r:; OA v' t4 $ TOTAL $148,293.54 r TOTAL WORK TO LESS PREVIOUS SUB-TOTAL LESS FAILED LAB. TESTS DATE (+) $ 189,962.00 PAY. (-) $ 143,293.54 $ 41. 66R Añ 9 ENGINEERING APPLICATION DATE: 1/6/05 INITIAL CONTRACT AMT. BASED ON EST. QUANTITIES $18Q,Q6700 AS APPLIED FOR BY CONTRACTOR AS APPROVED BY ENGINEER $ 189,962.00 $ Ie>q .qbZ.·~ I $ -0- $ $ $ $ I $ $ $ $ ( -) M/A AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD $ 4/,IRIRØ·4h , CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have been discharged in full; that no suits are pending in connection with the work under the Contract; that the Contractor agrees to the total final price of $ 189,962.00 and final payment of $ 41,668.46 as full settlement of his account under the Contract and of all claims in connection therewith. SA'J é"""'/~":7 : CONTRACTOR ¡P,6,nA.//tG' kr, Q BY A:, ,r~~~~ ,~C/~# TITLE /~C/~r- COUNTY OF (JIlD/Ao.!'" vJ STATE OF r IOJUJ- Y-'. ,...-.. Bef8Jje _me this ~ d;}l ot ,) ,(YlUQ'/;'f¡ , 1-9 :ZOO), personally appeared ~ T-enJ KJtIf11)(¥ '''9¡r~rrkf)9wn to me, who being duly sworn, did depose and say that he is the h-4,k~ (Office) of the Contractor above mentioned; that he prepared attached application for and executed above affidavit on behalf of sai ontractor; and t statements contained therein are true, corre comE ~:y commission expires: I.:'~ LACHEON SHACKELFO , lW1 MY COMMISSIO,..... DDJ49 ~..,.~ EXPIRES:Oó:tolxr9,~ 1~T_ R._ IOC. TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The attached application for payment by by the Engineer. The Engineer he eb proves application in the amount of $ assessed by Board, AFFIDAVIT. ~$,"t A ~t1~~. ST. LUCIE COUNTY ENGINEERING DEPARTMENT APPROVED BY ~~; ! (J,(... ¡jlchaerv. . Vowley, .E'. J:.ý Contract Time Began: So..pf. '2.L'/'ÜV<"/ &0C;~u:nt·; il~gjnfie~ Substantial Completion on: DeúlWlkr q, 7.<.xJ+ Actual Construction Time: '8 I Cál. 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Ii 11)8 ~ ° E i'-'-'-"-"-"-~CÐ..~~~U')~~"- !& co C'I N ~enenenenrnenu.u.~u..~~u..rnen c:...................................enoenoo............... ::I I- 1-1- '" CI c: la ~ c> I .9 J: ª .~ ~ c:£2~_ ~ ~. i~~8~:8 .!~. ~'CJ~.~15 i s¡~:8 JiÌã~~ >''ša::,¡:¡ÆI!! ;:¡¡:E2'lï.í ~i5:ä~of BB~~ ~ _rn~~&;o. a!a!~~ ~ :8~ c:o = s¡~ 012'-- a! ~ ~; 2'~ ~ t ¡f tª ~ í ë:8 i - ",1I1'C: E U"2.. a a1i II)"E aI)'- :s 6 š .m ¡¡¡ :~ ð ~ 1: 1: ~ ~ !!I ~ :EUI-Uo.o.u.. u.< <a::a::O:E .. z o ¡;; z w t< w ~ ~ en ~ o co ú.i :E ¡:: I- U ~~E O....NC'I.~ zm~..-N~vU')~~~œ.-.,-..-..-.,-.- o () ~ .- en .- oñ N tit co co ori co on oñ ... tit f¡ ori :I .; f') tit co III cri ... co i 8 N S ai m ¡;; 88 Nc:i S'" ai m ;; ~ 8"'g 8 8 ~ ~ NNCNMcD 313:"'æg¡¡g cioi œ"øi"': ~~ ~~~ ...... ...... 8 N »: tñ III .- tit o o ~ ai m ;; 8 N S ai m ;; 8~8~~~ NO~~aOltÌ cor-.r-.O>C'l1I) mr-..NMO> gt~~5!-": ...............-..~ ...... ... 8 ~ ai m .... ... OOOONm oOIl)~mco ~1tÌ!è~::!è o>!E:O>MCOr-. ai ai IÕ 0 I/) ~- ~œ":~.. ... 80mNON mo>ooom Nœ"":"'=o"': S~8ìõ"'ìõ ai01/)1/) tri ~~...~ ~ ... . ãì 2' ! U 1i z o z I o '" :! .. c: ~ o ë;~~t)11 II j§§J§lf~aIª H~~~2~~~c;~ ¡;¡alalaI~~a::Glðll) c:sððð e eal!cS'>5 ¡¡¡ëëë«~ë£ë c:>~ð--g¡:'",:> gj.L~~~3t~j ~ ~ Q ~ CJ ~ )( iii '" II) > i II) :. C 8 z -- .." CHANGE ORDER ST. LUCIE COUNTY PROJECT: Shoreline Stabilization at North Causeway Island (name, address) CHANGE ORDER NUMBER: 1 & Final INITIATION DATE: 1/18/05 TO (Contractor): CONSULTANT'S PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C04-08-391 SKS Engineering & Planning 4425 SW 26th Ave. Ft. Lauderdale, FL 33312 CONTRACT DATE: 8/10/04 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE EXHIIBIT "A" The original (Contract Sum) was.............................................................................................................................. $189,962.00 Net change by previous authorized Change orders.............................................................................................................. $ -0- The (Contract Sum) prior to this Change Order was................................................................................................ $189,962.00 The (Contract Sum) will be unchanged by this Change Order.. ........ ................................... ........ ...... ........................ ....... ...... ............ ............................................... $ -0- The new (Contract Sum) including this Change Order will be................................................................................. $189,962.00 The Contract Time will be unchanged by....................................................................................................................( 21) Days The Date of Substantial Completion as of the date of this Change Order therefore is: December 9, 2004 Funds Available: Account Number 184203-3710-599330-36206 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: 81. Lucie County. Enqineerinq Division Architect/Engineer 2300 Virqinia Ave.. F1. Pierce. FL 34982 Address Approved: Public Works DeDartment 81. Lucie County Department 2300 Virainia Ave.. F1. Pierce. FL 34982 Address By: Richard Bouchard, P.E., Erosion Dis1. Mgr. Date By: Donald B. West, PIW Dir. Date Agreed To: Authorized: 81. Lucie County: 2300 Virginia Ave., F1. Pierce, FL 34982 8K8 Enaineerina & Plannina Contractor By: Date 4425 8W 26 Ave.. F1. Lauderdale. FL 33312 Address Approved as to Form and Correctness By: Date County Attorney - ë( - - .... - m - :I: >< W z o ¡:: r5 ~ ëë ~ cn(j UJZ'<:t z-o ~ <50 UJz~ c::-o OZN :I:Zo::: cn:5w Co.CD Zoð::E :5CJ~ cnzo. --W >-O:::CI) ~tljw WZI- cn<3C§ ~ffio U(J)W :I:~W I-(J)U 0::: ..0 00:::0::: ZOo. .. t; ° 1-«1- Uo:::w ~1-S:2 OZI- 0:::00 o.UZ ... CD -'E §o o ! 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