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Home My WebLink About02-03-2006 Joint Meeting AGENDA February 3, 2006 2:00 P.M. JOINT MEETING WITH THE CITY OF FORT PIERCE AND THE CITY OF PORT ST. LUCIE CALL TO ORDER COMMISSIONER DOUG COWARD, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS MAYOR BOB BENTON, CITY OF FORT PIERCE MAYOR BOB MINSKY, CITY OF PORT ST. LUCIE ITEMS REQUESTED BY ST. LUCIE COUNTY · ANNUAL REPORT FOR THE TRANSIT MUNICIPAL SERVICE TAXING UNIT AND OTHER TRANSIT ISSUES - JODY BONET, ASSISTANT DIRECTOR COMMUNITY SERVICES · BIO SOLIDS - REQUEST FOR FUNDING FROM STATE AND MUNICIPAL PARTICIPATION- LEO CORDEIRO, SOLID WASTE DIRECTOR · FEMA REIMBURSEMENT FOR DEBRIS REMOVAL FOR PRIVATE ROADS AND GATED COMMUNITIES FOR HURRICANES FRANCES AND JEANNE - FAYE OUTLAW, ASSISTANT COUNTY ADMINISTRATOR · ROADS / IMPROVEMENTS / INTERCONNECTIVITY - POWER POINT PRESENTATION DON WEST, PUBLIC WORKS DIRECTOR ITEMS REQUESTED BY CITY OF FORT PIERCE · JOINT PLANNING AGREEMENT - TRANSPORTATION / LAND USE PLANNING FRINGE AREAS/JENKINS ROAD · SKATEBOARD PARK - LAWNWOOD COMPLEX ITEMS REQUESTED BY CITY OF PORT ST. LUCIE · THERE WERE NO ITEMS SUBMITTED BY THE CITY OF PORT ST. LUCIE FOR DISCUSSION QUESTIONS AND COMMENTS PUBLIC COMMENT ADJOURN ST. LUCIE COUNTY COMMISSION CHAMBERS 2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 34982 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TOO (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. ANNUAL REPORT FOR THE TRANSIT MUNICIPAL SERVICE TAXING UNIT The Transit Municipal Service Taxing Unit (MSTU) covering the period of October 1, 2004 to September 30, 2005 covered Council on Aging of St. Lucie, Inc.'s (COA) Transit Division's operations for their Fiscal Year 200412005 (July 1, 2004 to June 30, 2005). The total amount that was paid to the Council on Aging from the MSTU was $1,101,807. This money was used to support 48% ofthe demand response operational expenses and 12% of the fixed route operational expenses. The following is the breakdown of the money collected from the MSTU by jurisdictions: Jurisdiction: St. Lucie County City of Port St. Lucie City of Fort Pierce St. Lucie Village Trips Performed 30,217 38,328 58,161 318 Amount Collected Cost of Trips From MSTU $ 512,178 $455,046 649,660 528,867 985,829 114,588 5,390 3,306 Difference $ (57,132) (120,793) (871,241) (2,084) Totals 127,024 $2,153,057 $1,101,807* $(1,051,250) Note: Demand Response Trip rate is $16.95. *$58,284 was applied to Fixed route and not deducted in calculations of demand response. The difference was funded by: Programs: Medicaid, Transportation Disadvantaged, Older Americans Act, and COA's Agency Contracts and farebox. State Funds: FDOT Block Grant Federal: Section 5307 Operating (operational dollars will be unavailable after FY 2007) Section 5311 Fixed Route Service For FY 2004/2005 the Treasure Coast Connector had a total of28,995 trips. This regional fixed route system is funded 100% by FDOT's Transit Corridor grant and farebox. The operation cost to run this route in FY 200412005 was $411,111. For FY 2004/2005 two East/West fixed routes were implemented in February 2005. The total ridership for the five month period for these routes was 4,513 trips. The total operation cost for the two routes was $119,168. These routes were funded by a FDOT Service Development Grant, Farebox and $58,284 from the MSTD. Fiscal Year 2005/2006 COA is implementing the PSL Downtown Trolley Service January 27,2006. In addition, the Fort Pierce Redevelopment Agency is in the final planning stages to implement a Trolley Service in their downtown area. Both ofthese routes will be connected for accessibility to all exiting routes. COA continues to plan the Port St. Lucie zoning system to give greater service to the Port St. Lucie area. Transit Benches A total of 50 transit art benches have been completed and will be placed at the bus stops. Since the right or way permits have been obtained from Florida Department of Transportation and Fort Pierce, the first 50 benches will be completely installed by the end of February. A second set of 50 benches were recently delivered and will be placed throughout the community. At this time there are 75 stops for the US 1 and the two east west routes. The Port St. Lucie Downtown Trolley will add an additional 21 stops. The number of stops for the Ft. Pierce Trolley will soon be determined. The benches will add functional art to our community and were strong enough to handle Hurricane Wilma. Transit Marketing Kidd Group was hired as the Marketing firm through a FDOT Service Development grant and County match. They have developed a web site, newsletter and are working on a short video and other promotional items and events. 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I- .c êi5ã5ü.croen.... I[) .,-- 00 00 00 0'0 00 00 LÖL6 .,- fIT fIT . ..... '(f) :(]) :::J . 0- W (]) 00:.: ÜO) -- c: () .- (])-o .~ c: e ::J o....u.. 00 BOARD OF COUNTY COMMISSIONERS CLIFF BARNES COMMISSIONER June 16, 2003 Mr. Edward G. Enns Mayor City of Fort Pierce P.O. Box 1480 Fort Pierce, Florida 34954 Subject: Treasure Coast Regional Wastewater Sludge Facility Dear Mayor Enns: Recent health risk and environmental concerns surrounding current wastewater sludge disposal practices have prompted local and state governmental entities/regulators to ban, restrict, or adopt moratoria on land applying Class B biosolids. While the medical and scientific evidence is still not clear regarding the real or alleged health risk of pathogens in Class B biosolids, review of recent sludge disposal data confirmed that hundreds of thousands of tons of wastewater sludge is being discharged annually, by various utilities, to sites within the watersheds of the St. Lucie River, Lake Okeechobee, the Indian River Lagoon, and the Everglades West Coast basin. St. Lucie County (SLC), in an effort to eliminate the discharge of wastewater sludge into our region's fragile and environmentally sensitive land, is proposing to construct a Treasure Coast Regional Facility (TCRF) to receive wastewater sludge from area wastewater plants. The proposed TCRF, to be located at the site of our Glades Cut-Off Road Balefill (landfill) complex, will convert wastewater sludge generated within the treasure coast area to a reusable pellet product. The pellet product will be incorporated into fertilizer manufacturing process. The project offers many great benefits to the potential participants including the availability of a site located in the centroid of the potential "service area" with existing utilities/ infrastructure, the potential for fueling the facility with landfill gas, and the potential cost savings to be realized through economy of scale. Our plan is to fund the project through the issuance of a 20-year revenue bond. Participating entities will pay on a per wet ton basis as sludge is delivered to the facility. Liquid sludge (± 2 percent solids), sludge cake (± 15 percent solids), and septage and grease will be accepted at applicable rates to cover facility capital, operations and maintenance costs. JOHN D. ßI',UHN, Dlsmcr No.1. DOUG COWAI',D, Disrrlct No.2· PAULA A, LEWIS, Districr No..J . mANNIE HUTCHINSON, Distrier No 4 . CLIFF ßAI',NES, Distrlcr ~Io. 5 Counry Adminisrrator - Douglas M. Anderson 2300 Virginia Avenue, P-oom 305 · Fort Pierce, FL 34982-5652 · (561) 462-1408 · Fox (561) 462-2131 TDD (561) 462-1428 · Suncom 259-1408 · Emoil: bornesc@stlucieco.gov Mayor Edward G. Enns June 16,2003 Page 2 If you are interested in participating in the project, we request that you forward a non-bmding letter of interest expressing your intent of participation (sample enclosed) to assist us in the preliminary sizing of the facility to adequately accommodate sludge from all potential participating entities. Once aD participants are known, the amounts of sludge are defined, and the project scope is finalized, we would then prepare a cost estimate and provide you with estimated tipping fees prior to execution of long term interlocal agreements. We look forward to hearing from you. Please respond tå this request no later than July 30,2003. In the meantime, if you should have any questions or comments, please do not hesitate to contact our Solid Waste Manager, Leo J. Cordeiro, or his assistant, Ron Roberts at 772-462-1631. Please note that similar letters have been sent to elected officials and administrators in the Treasure Coast area. We look forward to working with the utilities across the tri-county area (Indian River, St. Lucie, and Martin) on this environmentally important project. Commission Chairman St. Lucie County Board of County Commissioners c: John Bruhn, St. Lucie County Commissioner Doug Coward, St. Lucie County Commissioner Frannie Hutchinson, St. Lucie County Commissioner Paula Lewis, St. Lucie County Commissioner Daniel McIntyre, St. Lucie County Attorney Doug Anderson, St. Lucie County Administrator Ray L. Wazny, St. Lucie County Assistant County Administrator Leo Cordeiro, St. Lucie County Solid Waste Manager William R. Blazak, St. Lucie County Utilities Director Rufus J. Alexander, III, City of Ft. Pierce Council Member Robert J. Benton, City of Ft. Pierce Council Member Christine Coke, City of Ft. Pierce Council Member R. Duke Nelson, City of Ft. Pierce Council Member Dennis W. Beach, City of Ft. Pierce City Manager rb4450 City of Fl. Plerce.doc SAMPLE July _, 2003 Commissioner Cliff Barnes Chairman St. Lucie County Board of County Commissioners 2300 Virginia Avenue . Ft. Pierce, Florida 34954 Subject: Letter of Interest Treasure Coast Regional Wastewater Sludge Facility Dear Commissioner Barnes: This letter will confirm the various discussions between our Utility Department and St. Lucie County Solid Waste Division (SLC) regarding the proposed Treasure Coast Regional Wastewater Sludge Facility (TCRWSF). The objective of our discussions has been to assess the feasibility of a contractual relationship, which among other things, would provide for our Utility Department to participate in one of the following projects: Option A: Liquid Sludge (± 2 percent Solids) Dewatering and Pelletizing: · Our Utilities Department intends to deliver up to wet tons per day of wastewater sludge at ± 2 percent solids to the proposed TCRWSF. This amount reflects our peak week design number. · Our Utilities Department intends to participate in both the dewatering and drying aspects of the proposed facility. OR Option B: Cake Sludge i± 15 percent Solids) Pelletizing Only · Our Utilities Department intends to dewater our wastewater sludge at our existing or our own proposed facility and participate in the pelletization portion of the TCRWSF only. · Our Utilities Department intends to deliver up to wet tons per day of wastewater sludge at ± 15 percent solids to the TCRWSF for pelletization. Our Utilities Department understands that wet ton cost for each participating entity will be based on the capital and O&M costs for option (A or B) of the project in which they participate. rb4450 sample.doc Commissioner Cliff Barnes July --' 2003 Page 2 It is our intent to work with SLC in the preparation of mutually acceptable definitive agreements regarding.costs and sizing of the TCRWSF in accordance with this letter. This letter is intended to support SLC in proceeding with the project and shall be construed only as a letter of interest, summarizing and evidencing the discussions to date. This letter is not intended to be legally binding. Any binding agreement will exist only when an Interlocal Agreement has been approved by both parties. Very truly yours, "Name" "Title" rb4450 sample. doc BOARD OF COUNTY COMMISSIONERS CLIFF BARNES COM,'v\/SSION m June 16, 2003 Mr. Robert Minsky Mayor City of Port St. Lucie 121 SW Port St. Lucie Blvd. Port St. Lucie, Florida 34984 Subject: Treasure Coast Regional Wastewater Sludge Facility Dear Mayor Minsky: Recent health risk and environmental concerns surrounding current wastewater sludge disposal practices have prompted local and state governmental entities/regulators to ban, restrict, or adopt moratoria on land applying Class B biosolids. While the medical and scientific evidence is still not clear regarding the real or alleged health risk of pathogens in Class B biosolids, review of recent sludge disposal data confirmed that hundreds of thousands of tons of wastewater sludge is being discharged annually, by various utilities, to sites within the watersheds of the St. Lucie River, Lake Okeechobee, the Indian River Lagoon, and the Everglades West Coast basin. St. Lucie County (SLC), in an effort to eliminate the discharge of wastewater sludge into our region's fragile and environmentally sensitive land, is proposing to construct a Treasure Coast Regional Facility (TCRF) to receive wastewater sludge from area wastewater plants. The proposed TCRF, to be located at the site of our Glades Cut-Off Road Ba1efill (landfill) complex, will convert wastewater sludge generated within the treasure coast area to a reusable pellet product. The pellet product will be incorporated into fertilizer manufacturing process. The project offers many great benefits to the potential participants including the availability of a site located in the centroid of the potential" service area" with existing utilities/ infrastructure, the potential for fueling the facility with landfill gas, and the potential cost savings to be realized through economy of scale. Our plan is to fund the project through the issuance of a 20-year revenue bond. Participating entities will pay on a per wet ton basis as sludge is delivered to the facility. Liquid sludge (± 2 percent solids), sludge cake (± 15 percent solids), and septage and grease will be accepted at applicable rates to cover facility capital, operations and maintenance costs. JOHN D. ßRUHN, Dlsrricr No.1. DOUG COWARD, Dlsrricr No, 2 . PAULA A. LEWIS, Dlstrrct No. J . FRANNIE HUTCHINSON, District No 4 . CLIFF OARNES. Dlsrrict No,S County Admlnistrotor - Douglas M. Anderson 2300 Virginia Avenue, P,oom 305 · Fori Pierce, FL 34982-5652 · (561) 462-1408 · Fox (561) 462-2131 TDD (561) 462-1428 · 5uncom 259-1408 · Email: bornesc@stlucieco.gov Commissioner Robert Minsky June 16, 2003 Page 2 If you are interested in participating in the project, we request that you forward a non-binding letter of interest expressing your intent of participation (sample enclosed) to assist us in the preliminary sizing of the facility to adequately accommodate sludge from all potential participating entities. Once-all participants are known, the amounts of sludge are defined, and the project scope is finalized, we would then prepare a cost estimate and provide you with estimated tipping fees prior to execution of long term interlocal agreements. We look forward to hearing from you. Please respond to this request no later than July 30,2003. In the meantime, if you should have any questions or comments, please do not hesitate to contact our Solid Waste Manager, Leo J. Cordeiro, or his assistant, Ron Roberts at 772-462-1631. Please note that similar letters have been sent to elected officials and administrators in the Treasure Coast area. We look forward to working with the utilities across the tri-county area (Indian River, St. Lucie, and Martin) on this environmentally important project. Very truly yours, ~a AIJAW. cþ f!f1!J bfUh0-- Commissioner Cliff Barnes Chairman St. Lucie County Board of County Commissioners c: John Bruhn, St. Lucie County Commissioner Doug Coward, St. Lucie County Commissioner Frannie Hutchinson, 5t. Lucie County Commissioner Paula Lewis, 5t. Lucie County Commissioner Daniel McIntyre, St. Lucie County Attorney Doug Anderson, St. Lucie County Administrator Ray L. Wazny, St. Lucie County Assistant County Administrator Leo Cordeiro, St. Lucie County Solid Waste Manager William R. Blazak, 51. Lucie County Utilities Director James Anderson, City of Port 5t. Lucie Council Member Patricia Christensen, City of Port St. Lucie Council Member Christopher Cooper, City of Port St. Lucie Council Member Jack Kelly, City of Port 51. Lucie Council Member Donald Cooper, City Manager Jesus Merejo, Utility Director rb4450 City of Port SI. Lucie,doc SAMPLE July --' 2003 Commissioner Cliff Barnes Chairman St. Lucie County Board of County Commissioners 2300 Virginia A venu~ Ft. Pierce, Florida 34954 Subject: Letter of Interest Treasure Coast Regional Wastewater Sludge Facility Dear Commissioner Barnes: This letter will confirm the various discussions between our Utility Department and St. Lucie County Solid Waste Division (SLC) regarding the proposed Treasure Coast Regional Wastewater Sludge Facility (TCRWSF). The objective of our discussiäns has been to assess the feasibility of a contractual relationship, which among other things, would provide for our Utility Department to participate in one of the following projects: Option A: Liquid Sludge (± 2 percent Solids) Dewatering and Pelletizing: · Our Utilities Department intends to deliver up to wet tons per day of wastewater sludge at ± 2 percent solids to the proposed TCRWSF. This amount reflects our peak week design number. · Our Utilities Department intends to participate in both the dewatering and drying aspects of the proposed facility. OR Option B: Cake Sludge (± 15 percent Solids) Pelletizing Only · Our Utilities Department intends to dewater our wastewater sludge at our existing or our own proposed facility and participate in the pelletization portion of the TCRWSF only. · Our Utilities Department intends to deliver up to wet tons per day of wastewater sludge at ± 15 percent solids to the TCRWSF for pelletization. Our Utilities Department understands that wet ton cost for each participating entity will be based on the capital and O&M costs for option (A or B) of the project in which they participate. rb4450 sample,doc Commissioner Cliff Barnes July --' 2003 Page 2 It is OUT intent to work with SLC in the preparation of mutually acceptable definitive agreements regarding costs and sizing of the TCRWSF in accordance with this letter. This letter is intended to support SLC in proceeding with the project and shall be construed only as a letter of interest, summarizing and evidencing the discussions to date. This letter is not intended to be legally binding. Any binding agreement will exist only when an Interlocal Agreement has been approved by both parties. Very truly yours, "Name" "Title" rb4450 sarrple.doc BOARD OF COUNTY COMMISSIONERS 1-1'\;!1i'æ.r ' !!>,":f!'-P:~"~ COUNTY ADMINISTRATOR ~'7.'t~··=r·· ··.·,\'~~ve-1t~~·~ ,,' COUNTY'. FLORIDA" DOUGLAS M. ANDERSON March 29, 2005 M. W. Craig Fugate, Director Division ofFmergency Management State of Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-3100 A TTN: Mr. Del Streid, State Public Assistance Officer Dear Mr. Fugate: Please :find attached St. Lucie County's first appeal of F'EMA.' s policy regarding debris removal fum private property. St. Lucie County incurred a cost of approximately $2.2 million in hurricane- related debris removal fiorn private roads and gated communities as a result of Hurricane Frances (1545) and Hurricane Jeanne (1561). St. Lucie County is requesting the State to support tlùs appeal and assist our efforts to obtain approval of the $2.2 million by ÆMA. Sincerely, .c.' . ...--, ~ 'ì ~ ~ Faye Outlaw Assistant County Administrator c: Board of County Connnissioners Douglas Anderson, County Administrator Daniel McIn1Iye, County Attorney Ray Wazny, Assistant County Achninistrator Don West, Public Works Director Valerie Rhoads, FFMA Public Assistance Office Attachment JOSEPH E. SMITH, Disrricr NO.1. DOUG COWARD, Dlsrricr No 2 . PAULA A, LEWIS, Disrricr No,:3 . FRANNIE HUTCHINSON, DlsrricT No.4· CHRIS CRAFT, DistricT No.5 County AdminisrrOTor - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us web site: www.co.st-Iucie.fl.us BOARD OF COUNTY COMMISSIONERS ~~~.. f~~""e' 'I"'E',,";(M''''\!!!!I,''J~''''"'~ ...."...,..,.'.."..;! COUNTY '/4' FLORI DA/" COUNTY ADMINISTRATOR DOUGLAS M, ANDERSON March 29,2005 Ms. Mary Lynne Miller Acting Regional Director Federal Emergency Management Agency - Region IV 3003 Chamblee-Tucker Road Atlanta, GA 30341 RE: Disaster Number: FEMA-1545-DR-FL Disaster Number: FEMA-1561-DR-FL PA Applicant: St. Lucie County PW Numbers: FA001 E, FA002E, FA003E, FA004E First Appeal By this letter, St. Lucie County, applicant, hereby appeals the denial of reimbursement for debris removal costs incurred during the occurrence of Hurricanes Frances and Jeanne, FEMA-1545-DR-FL and FEMA-1561-DR-FL, respectively. The overall total amount of money in dispute is approximately $2.2 million. Backaround This appeal concerns FEMA's denial of funding for debris removal costs from non-system roads or roads that are located within gated communities in St. Lucie County, Florida. Specifically, St. Lucie County appeals the denial of reimbursement of debris removal costs within gated communities as well as debris removal costs from other non-system roads. Discussion In 2004, Florida endured one of the most devastating hurricane seasons in recorded history. Four major hurricanes made landfall within a six (6) week period, destroying homes, businesses and public infrastructure; worst of all, the hurricanes claimed the lives of more than 117 people. In response to the massive destruction wrought by the storms, the President issued four (4) disaster declarations and eventually declared that the hurricanes impacted all 67 counties. The Robert T. Stafford Disaster Assistance and Emergency Relief Act, as amended, 42 U.S.C. §5121 et seq., (Stafford Act) governs the administration of disaster assistance following a Presidentially-declared disaster and the regulations implementing the Stafford Act are found in Title 44 of the Code of Federal Regulations. Under the Stafford Act, the President may confer his authority for the response, recovery and mitigation effort during a declared disaster event to the Director of the Federal Emergency Management Agency (FEMA). More specifically the federal regulations relevant to the present matter are found at 44 C.F.R. §206.224. JOSEPH E. SMITH, District No.1. DOUG COWARD, District No, 2 . PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District No, 4 . CHRIS CRAFT, District No.5 County Administrotor ' Douglas M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982-5652 . Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648· email: douga@co.st-Iucie.fl.us web site: www.co.st-lucie.fLus 51. Luc.ie County - First Appeal Non-system roads debris removal Page 2 I. Definitions of "road" and tyDes of road svstems in Florida To understand the rationale behind why debris removal from non-system roads is eligible, it is necessary to define roads under Florida law. "All roads which are open and available for use by the public and dedicated to the public use, according to law or by prescription, are hereby declared to be, and are established as, public roads." Fla. Stat. _§335.01. Further, Florida law divides public roads into four (4) systems: State Highway Roads, The State Park Road System, the county road system and the city street system. Id. In addition, Florida law defines several types of roads and road systems, including, but not limited to: (1) "Arterial road" means a route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road. (4) "Collector road" means a route providing service which is of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed. Such a route also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs. (7) "Controlled access facility" means a street or highway to which the right of access is highly regulated by the governmental entity having jurisdiction over the facility in order to maximize the operational efficiency and safety of the high-volume through traffic utilizing the facility. Owners or occupants of abutting lands and other persons have a right of access to or from such faèility at such points only and in such manner as may be determined by the governmental entity. (8) "County road system" means all collector roads in the unincorporated areas of a county and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System. (11) "Functional classification" means the assignment of roads into systems according to the character of service they provide in relation to the total road network. Basic functional categories include arterial roads, collector roads, and local roads which may be subdivided into principal, major, or minor levels. Those levels may be additionally divided into rural and urban categories. (13) "Limited access facility" means a street or highway especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such highways or streets may be facilities from which trucks, buses, and other commercial vehicles are excluded; or they may be facilities open to use by all customary forms of street and highway traffic. (15) "Local road" means a route providing service which is of relatively low average traffic volume, short average trip length or minimal through-traffic movements, and high land access for abutting property. (23) "Road" means a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith. 51. Luèie County - First-Appeal Non-system roads debris removal Page 3 (26) "State Park Road System" means roads embraced within the boundaries of state parks and state roads leading to state parks, other than roads of the State Highway System, the county road systems, or the city street systems. (27) "State road" means a street, road, highway, or other way open to travel by the public generally and dedicated to the public use according to law or by prescription and designated by the department. as provided by law, as part of the State Highway System. Fla. Stat. § 334-03 Under these definitions, the roads in questions are limited access facility roads or local roads. As previously stated, the Governor has the authority to compel various state and local agencies to remove debris (or cause it to be removed) from limited access facility and local roads. When he exercises that discretion, to eliminate threats to health, safety he legally obligates the local or state agency to remove the debris. II. Federal. state and local law authorize the removal of debris from non-system roads to eliminate threats to public health and safety A. Federal law and regulation The Stafford Act provides that The President, whenever he determines it to be in the public interest, is authorized-- (1) through the use of Federal departments, agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters; 42 U.S.C. §5173 In addition, the federal regulation implementing this law is found at 44 C.F.R. §206.224. It states, in pertinent part, (a) Public interest. Upon determination that debris removal is in the public interest, the Regional Director may provide assistance for the removal of debris and wreckage from publicly and privately owned lands and waters. Such removal is in the public interest when it is necessary to: (1) Eliminate immediate threats to life, public health, and safety; or (2) Eliminate immediate threats of significant damage to improved public or private property; or (3) Ensure economic recovery of the affected community to the benefit of the community- at-large; or (b) Debris removal from private property. When it is in the public interest for an eligible applicant to remove debris from private property. . . clearance of the living, recreational and working area is eligible... 44 C.F.R. §206.224 (a) and (b), (Emphasis added) Clearly, the United States Congress approves the removal of debris from privately owned property by the Federal Emergency Management Agency (FEMA). Moreover, Congress finds it necessary for FEMA to reimburse debris removal from privately owned property when it is in the public interest to do so. Congress expressly finds that debris removal is in the 'public interest" when it eliminates immediate threats to life, public 51. Lucie County - First Appeal Non-system roads debris removal Page 4 health, safety or significant damage to improved public or private property; or is necessary to ensure the economic recovery of the affected community to the benefit of the community at-large. In the present case, St. Lucie County, a political subdivision of the State of Florida and, therefore, an eligible applicant, determined that the debris generated by Hurricanes Frances and Jeanne were immediate threats to the public health and safety and presented an immediate threat of significant damage to public and private property. As discussed below, St. Lucie County is obligated to remove the debris that threatens the residents of the county, whether on non-system roads, limited access roads or public roads. B. State law 1. Powers of the Governor State law vests in the Governor or his designee the responsibility for meeting the dangers presented to the state and its people by emergencies. Fla. Stat. §252-36(1)(a). State law gives him all power and authority granted to him under Title 17, Chapter 52 of the Florida Statutes, Emergency Management, and simultaneously implements the state, local and inte~urisdictional emergency plans. Fla. Stat. §252-36(2){3). Moreover, state law allows the Governor to "delegate emergency responsibilities to the officers and agencies of the state and of the political subdivisions thereof ... and [to] utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof." Fla. Stat. §252-36(B). With regard to debris removal on private property, state law authorizes the Governor to remove debris from private property. The law states that the Governor may, among other things, (I) Authorize the use of forces already mobilized as the result of an executive order, rule, or proclamation to assist the private citizens of the state in cleanup and recovery operations during emergencies when proper permission to enter onto or into private property has been obtained from the property owner. The provisions of §768.28(9) apply to this paragraph. Fla. Stat. §252-36(5)(1) (Emphasis added) Further, the law gives the Governor authority to direct the activities of various state and local departments to clear roadways. The law states, The Governor shall formulate and execute plans and rules for the control of traffic in order to provide for the rapid and safe movement or evacuation over public highways and streets of people, troops, or vehicles and materials for national defense or for use in any defense industry and may coordinate the activities of the departments or agencies of the state and the political subdivisions thereof concerned directly or indirectly with public highways and streets in a manner which will best effectuate such plans. Fla. Stat. §252-36(10) These statutes illuminate the Governor's authority to use all public and private resources as necessary to cope with the disaster as well as to eliminate threats to public health and safety. When coupled with the Governor's authority to clear public highways and streets and to remove debris from private property, it becomes clear that state law authorizes debris removal from limited access facility roads as defined, supra. It is a reasonable extrapolation that if the legislature allowed ·cleanup and recovery operations" from private property that it would allow ·cleanup and recovery operations" from limited access facility roads as well. 51. Lucie County - First Appeal Non-system roads debris removal Page 5 Since there is little, if any, difference between a limited access facility road and a road in a gated community and because state law authorizes the Governor to commence cleanup and recovery operations on private property and, reasonably, limited access facility roads, it is reasonable to believe that the law authorizes the Governor to commence those same operations on roads in gated communities. The threat to the public health and safety of citizens on limited access roads or in gated communnies is no less than the threat to citizens on any other type of road in the county. The threat is the same - debris, whether piled high or scattered, poses a threat to the health and safety of the public and the state legislature tasks the Governor to take measures to eliminate that threat. The Governor, through the implementation of the local and inte~urisdictional recovery plans, delegates that authority to the executive officer of the polnical subdivision. In the current instance, the Governor gave the County Administrators the authority to meet the challenges of the disasters and that reasonably means removing debris from all roads regardless of classification. 2. Powers of political subdivisions during emergencies During a state of emergency, the Florida statutes provide power to the political subdivisions of the state. At Fla. Stat. §252-38, the law declares, "safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state." Further, the statute articulates the powers averred to the political subdivisions and states in pertinent part, (a) In carrying out the provisions of ss. 252.31-252.90, each political subdivision shall have the power and authority: 1. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency, and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies. 5. Further, the political subdivision has the power and authority to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: a. Perfonnance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community. h. Appropriation and expenditure of public funds. Fla. Stat. §252-38 (Emphasis added) Pursuant to the above-cited authority, the Governor can utilize all the resources of state govemment and all political subdivisions of the state to cope with the disaster. Each county has the "innate responsibility to safeguard the life and property of its citizens." Thus, whenever and wherever an emergency threatens the people of the state, the Governor and St. Lucie County can take measures necessary to eliminate the threat. Hurricane-generated debris threatened the health and safety of 8t. Lucie County residents. The debris was scattered throughout the County and made roads impassable; this was a direct threat to life and property as it prevented access to emergency vehicles. The debris posed threats to property as they created fire hazards and large numbers of limited sightline restrictions on roadways endangered motorists and pedestrians. The debris created a significant and immediate threat to life as mountains of debris became havens for rodents, West Nile mosquitoes, flies, termites and other vermin. Not only was it within the power of the County to eliminate these 51. Lucie County - First Appeal Non-system roads debris removal Page 6 threats, it was its innate responsibility to eliminate them. How can FEMA suggest that this innate responsibility is dependent upon the location of the debris? Surely, FEMA does not intend to imply that the lives or property of those living on roadways that are not completely public in character are of any less value or importance than those residents who live on public access roads? State law provides wide latitude to the County when protecting its citizens during an emergency; the law allows the County to "waive the procedures and formalities otherwise required of the political subdivision by law pertaining to performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community." This passage demonstrates the Florida legislature's recognition that there would be instances in which the emergency required the suspension of normal practices, policies and procedures. The landfall of two major hurricanes within a few hundred feet of each other within three weeks surely qualifies as an extraordinary circumstance requiring that the County take the only prudent action it could with respect to protecting its residents and their property from storm-related debris on non-system roads - its removal and the immediate neutralization of the threat. In summary, when the Governor declares the State of Emergency and implements the emergency management plans in the affected areas, debris removal from private property is legally authorized by Section 36(5)(1). Moreover, if the Governor directs the Florida Department of Transportation (FLDOT) or other state or local agency to perform debris removal from non-system roads and streets because it is necessary to promote and secure the safety and protection of the civilian population, then such debris removal becomes the legal responsibility of an eligible applicant: the State of Florida, FLOOT or St. Lucie County. Through the State of Emergency proclamation or executive order and the implementation of the emergency management plans, an eligible applicant has the legal responsibility to remove debris from private property, which should include limited access roads and streets and within gated communities. C. Local law St. Lucie County has adopted an article known as the "St. Lucie County Mandatory Solid Waste Disposal Ordinance." Sf. Lucie County Code, Article IV, Mandatory Disposal, §1-9-28. The St. Lucie County Code (hereinafter, County Code) provides insightful and authoritative guidance related to debris removal on non- system roads and gated communities. This ordinance, promulgated prior to the 2004 Atlantic Hurricane Season, further justifies reimbursement of debris removal costs on non-system roads and gated communities. 1. Statement of Intent; unsanitary nuisance The St. Lucie County Board of County Commissioners (hereinafter Board) clearly stated their intent with regard to the disposal of solid waste on public and private land in the county. The Board stated that it was their intent to "require owners and occupants of all property within the county to have all solid waste generated on such property disposed of in a proper, sanitary and efficient manner." St. Lucie County Code, §1-9-29(b). Further the Board found that to maintain the health, welfare and safety of the residents of the county, it was necessary for the Board to provide a comprehensive program of solid waste disposal. Id., §1-9-29(a)(5). In its effort to outline the parameters of that comprehensive program, the Board proffered several definitions. Among the definitions, the Board defined "unsanitary nuisance" as The commission of any act or the giving of the permission of or the commission of any act or the keeping, maintaining, propagating or permitting the existence of any solid waste by any person by which health or life may be threatened or impaired or by which disease may be caused. The keeping of the following materials on any real property shall be considered an unsanitary nuisance: untreated and improperly treated human waste, dean animals or dangerous waste materials resulting from manufacturing processes or pollutant gases and noxious odors which are harmful to health or to human and animal life. The creation, 51. Lucie County - First Appeal Non-system roads debris removal Page 7 maintenance or cause of any condition capable of harboring, attracting or breeding flies, mosquitoes or other arthropods and rodents capable of physical harm and transmitting diseases directly or indirectly to humans shall also be considered an unsanitary nuisance. St. Lucie County Code, § 1-9-30 (Emphasis added) It is highly likely that hurricane -related debris caused by high winds, storm surge and flooding containing rotting food will contain most of the items described in this passage. By definition, the hurricane-generated debris created an unsanitary nuisance and a veritable playground for pests, rodents and disease and posed an immediate threat to the public health, safety and welfare of St. Lucie County residents. It was the intent of the Board to use the Mandatory Ordinance to eliminate that threat. 2. Prohibited Acts The County Code prohibits certain acts by county residents. The Code prohibits property owners and tenants from maintaining or permitting an unsanitary nuisance on any property within the County. St. Lucie County Code, §1-9-32(d). If St. Lucie County allowed unsanitary nuisances in areas serviced by non-system roads or gated communities, the County would be in the awkward position of having essentially acquiesced in the unsanitary nuisances or of permitting lawlessness. Obviously, neither is an acceptable position for the County Board of Commissioners. Therefore, it was necessary for the County to authorize the debris removal in these areas to both avert the impending health disaster caused by Frances and Jeanne and to avoid fostering a perception of allowing gated community residents to break the law without consequence. In addition, the County Code prohibits the accumulation or placement of debris, junk, garbage or abandoned property on private property in any unincorporated area of the county. St. Lucie County Code, §1-9-19(a). If any person allows accumulation or placement, he would be liable for the removal of said items and the necessary cleanup. With respect to the debris removal on non-system roads, St. Lucie County cannot tolerate debris in these areas nor can it allow residents to permit accumulation of storm-related debris. 3. Order to remove debris from private rights-of-way On September 1, 2004 and September 24, 2004, the St. Lucie County Public Safety Director declared a state of local emergency in St. Lucie County. Pursuant to this declaration, the St. Lucie County Administrator (Administrator) determined that there was a "clear and present threat[ ] to life and public health as well as a threat of significant damage to improved public and private property and it [was] necessary to remove debris from both public and private rights-of-way." See, An Order of the St. Lucie County Administrator Requiring Removal of Debris from Private Rights-of-Way, Exhibit 1. The Administrator based his determination, in part, on the recommendation of the Public Works Director, the St. Lucie County Sheriff and the St. Lucie County Fire Chief. The Public Works Director advised the Administrator via memo dated September 16, 2004 that the debris on the publicly owned roadways, the privately owned roadways and within gated communities posed imminent health and safety threats. The Public Works Director informed the Administrator that his staff would be collecting debris within the private neighborhoods due to life safety issues. See Memorandum to Douglas Anderson, County Administrator from Don West, Public Works Director dated September 16, 2004, Exhibit 2. The St. Lucie County Sheriff, via letter dated September 16, 2004, stated that the" expeditious removal of vegetation and debris from the roadways, right of ways and driveways throughout [the] county (including the gated communities" was necessary to ensure that law enforcement officers could "get to emergency scenes quickly and safely so [they] could provide the service the public required." See letter to Douglas Anderson, County Administrator, from Ken J. Mascara, St. Lucie County Sheriff dated September 16, 2004, Exhibit 3. TheSt. Lucie County Fire Chief advised the Administrator that the large volume of trees, shrubbery and other debris along the roadways, including inside privately owned gated communities, "could impede the response of fire apparatus." Due to this response impediment and the fact that St. Lucie County - First Appeal Non-system roads debris removal Page 8 "citizens [were] buming debris to expedite its removal", the Fire Chief recommended that the County Administrator order the prompt removal of the debris. See Letter to Douglas Anderson, County Administrator, from Jay Sizemore, Fire Chief, dated September 15, 2004, Exhibit 4. All the above-referenced letters, which are attached to this appeal, clearly demonstrate the overwhelming need for the Administrator to protect St. Lucie County residents. The elimination of a public health and safety threat is a paramount responsibility for St. Lucie County. As evidenced by the statutes, regulations and local code cited above, each level of govemment, federal, state and local, recognize the County's responsibility to meet and purge the County of this threat. The United States Congress, the Florida Legislature and the Board of County Commissioners expressly and implicitly authorize the County to use whatever means at its disposal to remove anything that imperils the populace. Therefore, St. Lucie County requests that the Federal Emergency Management Agency reverse its prior decision denying eligibility for debris removal costs on non-system roads or private roads because the removal of that debris was necessary to eliminating a threat to public health and safety. Finally, the County Administrator exercised power within his discretion to eliminate the threats to the life, health and safety of St. Lucie County residents when he ordered professionals to remove the debris within gated and privately owned communities. The Administrator could not allow citizens to remove the debris or to collect it and move it to a temporary debris staging and reduction site (TDSRS). The vast majority of the citizenry is not trained to handle or manipulate storm-generated debris. Certainly, FEMA would not want the residents of St. Lucie County trying to remove tree stumps or gathering and hauling bags of vegetative debris around a private community and stacking it in piles that could be over their heads. It is unconscionable to think that the federal govemment would rather have an elderly widow who happens to live in a gated community take the water- damaged personal property out of her home and place it on the curb only to have to move it again to a TDSRS. Surely, FEMA does not want to see hurricane victims who were able to remove damaged appliances from their homes attempting to lift them into pickup trucks to take to a TDSRS so they could unload them onto a public right-of-way? This situation is more problematic than the debris itself as it makes persons who are untrained, lacking the physical ability and equipment debris removal contractors. Emergency rooms across the county would be inundated with persons with back strains, lacerations from loose tree limbs, toes broken by appliances that slipped from their grip, injured limbs, etc. The County Administrator, after receiving the advice of the Sheriff, Fire Chief and Public Works Director, clearly contemplated the possibilities and determined that the best way to keep the residents of St. Lucie County safe was to order the removal of debris within gated communities and on privately owned property. III. Liabilitv to the federal. state and local Qovemment is removed bv the richt of entry forms executed bv homeowners and develoDers State law authorizes the Governor to remove debris from private property. The law states that the Govemor may, among other things, (I) Authorize the use of forces already mobilized as the result of an executive order, rule, or proclamation to assist the Drivate citizens of the state in cleanuD and recovery oDerations durina emeraencies when DroDer permission to enter onto or into Drivate DroDerty has been obtained from the DroDertvowner. The provisions of §768.28(9) apply to this paragraph. Fla. Stat. §252-36(5)(I) (Emphasis added) Pursuant to the above authority and in response to the outcry from the public to remove debris from roads in private and/or gated communities, St. Lucie County secured a right-of-entry/hold harmless agreement with each property owner prior to entering their property to remove debris. The right-of-entry form was taken from FEMA's debris handbook. 51. Lucie County - First Appeal Non-system roads debris removal Page 9 Previously, when FEMA chose to deny reimbursement for debris removal on non-system or privately owned roads, one of the reasons was because of the liability inuring directly to the local government and indirectly to FEMA for damage to private property that occurred during the debris removal operation. Certainly, it is appropriate for FEMA to consider the possibility of legal action resulting from the operation. However, a properly executed right-of-entry/hold harmless agreement by property owners eliminates liability to federal and state governments. In response to the hurricane-generated debris deposited on private property, the St. Lucie County Public Works Director secured right of entry agreements from property owners so that it could efficiently remove debris from their property. This right of entry agreement provides immunity to St. Lucie County, its agencies, contractors and subcontractors. Further, property owners agreed to hold each of these entities harmless for damage to their property and released the entities from liability or threat of legal action. These agreements should alleviate any hesitation on behalf of the federal, state or local government. When coupled with the undeniable right to protect the public from health and safety threats caused by the hurricane- related debris, S1. Lucie County is certainly eligible for reimbursement of its costs related to debris removal from privately owned property, including non-system and privately owned roads. IV. Debris removal on privately owned property was the legal responsibility of St. Lucie County As stated above, state law empowers the Governor to "delegate emergency responsibilities to the officers and agencies of the state and of the political subdivisions thereof ... and [to] utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof." Fla. Stat. §252-36(8). Practically, this means that the Governor may delegate his power to the Board of County Commissioners and the County Administrator to take actions during emergencies. This power includes entering private property to remove debris. When the property owners executed the hold harmless/right-of-entry agreements, the removal of the debris became the legal responsibility of St. Lucie County and was, therefore, eligible for FEMA reimbursement. S1. Lucie County is responsible for the welfare of its citizens. It is obligated to provide a safe and peaceful living environment to all its residents. During the declared disasters, the County was, as Fla. Stat. §252-38 declares, responsible for "safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state." The law authorizes the County to "take whatever prudent action is necessary to ensure the health, safety, and welfare of the community." Fla. Stat. §252-38. Thus, the Florida Legislature not only approved the County's removal of debris from private property, but also the assumption of legal responsibility for that debris removal and any other action necessary to ensure the health, safety and welfare of the community. Because it is the County's legal responsibility to eliminate threats and ensure the health and safety of its residents, debris removal from private property is the County meeting its statutory obligation. Additionally, it is the duty of S1. Lucie County to prevent flooding and water intrusion into homes and businesses. Because the debris left in the wake of Hurricane Frances was so widespread, the County Administrator ordered the removal of debris from public rights-of-way and drainage canals. On September 15, 2004, the Administrator ordered debris removal from private rights-of-way. Those seeking debris removal assistance, as discussed previously, executed right of entry forms. The requests trickled in after Hurricane Frances, but with Hurricane Jeanne literally on the horizon, the requests increased significantly. Clearly, it was the Administrator's responsibility to eliminate the threat to life, health and safety posed by the storm debris. If the Administrator had not cleared the drainage canals along private rights-of-way, the flooding would have been extreme. 51. Lucie County - First Appeal Non-system roads debris removal Page 10 Conclusion This appeal articulates a basis for the Federal Emergency Management Agency to reimburse St. Lucie County for its debris removal operations associated with the County's recovery from Hurricane Frances and Hurricane Jeanne. The basis for the decision to reimburse the County is founded upon federal and state law, long- standing local ordinance and FEMA precedent. This appeal demonstrates why the Stafford Act, the Code of Federal Regulations, Florida Statutes and the St. Lucie County Code authorize debris removal from roads that are not a part of any recognized state road system. Further, this appeal demonstrates why debris removal from such roads and streets is the legal responsibility of the agency or political subdivision deriving its authority from the Governor. The above-cited regulations state one singular and overriding purpose: that at no other time is a government's responsibility greater than when it is called upon to aid its citizens during an emergency or disaster. These authorities echo the mandate that disaster victims must be protected from threats to their lives, health and property and they empower government officials to take whatever actions necessary to eliminate threats. Based on the aforementioned reasons coupled with the rare circumstances of two Hurricanes, St. Lucie County contends that it has met the tests of legal responsibility as the eligible applicant, demonstration of the necessity of the debris removal to eliminate the immediate threat to life, public health and safety and indemnification of the Federal Government from all claims of loss or damage through execution of right-of-entry forms. Therefore, St. Lucie County requests that the Federal Emergency Management Agency review its denial of reimbursement for debris removal for non-system roads and roads within gated communities and that it fund all associated project worksheets based on the authority and precedent stated herein. Sincerely, __-f~ 'Î ~ ---- ~ Faye Outlaw Assistant County Administrator Exhibit 1 AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REQUIRING REMOVAL OF DEBRIS FROM PRIVATE RIGHTS-OF-WAY (HURRICANE JEANNE) WHEREAS, the St. Lucie County Administrator has made the following determinations: , . Pursuant to Section 252.38, Florida Statutes, political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of persons and property. 2. The Board of County Commissioners of St. Lucie County has adopted Resolution NO. 00-277 authorizing the St. Lucie County Administrator and the St. Lucie County Public Safety Director to exercise certain emergency powers and authority during a local emergency. 3. The impact of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life 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 8, 2004. 5. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution No. 00-277 (copy attached) for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Based on the recommendation of the Public Works Director on the advice of local law enforcement officials, including the St. Lucie County Sheriff and the St. Lucie County Fire District Fire Chief (copies ·of memoranda attached), as .a result of the effects of Hurricane Jeanne, there is a clear and present threats to life and public health and safety as well as a threat of significant damage to improved public and private property. and it is necessary to remove debris from both public and private rights-af-way. ) 7. The removal of debris from public and private rights-of-way will ensure the economic recovery of the affected communities to the benefit of St. Lucie County. NOW, THEREFORE, } am issuing the following Order: 1. Effective September 27, 2004 at 5:00 p.m., the Public Works Director is directed to require the County's debris removal contractors to begin removing debris 'from private rights-of-way as well as public rights-of-way. 2. This Order shall, as promptly as practicable, be filed in the office of the Clerk of the Circuit Court and delivered to the appropriate news media for publication and radio and television broadcast thereof. Signed this ~ day of September, 2004, atc:J :(Â) . Änderson Cou tv dministrator St. Lucie County Exhibit 2 PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Douglas Anderson, County Administrator FROM: Don West, Public Works Director ~~. SUBJECT: Debris collection resulting from Hurricane Jeanne DATE: October 1, 2004 .' ---------------------------------------------------------- ---------------- Due to the large number of privately-owned roadways and private gated communities that we have throughout S1. Lucie County, it is imperative that we collect and remove this. debris immediately, regardless of the implications for funding reimbursement by FRMA. Removal of this debris is a life safety issue. As you are aware, our County Land Development Code encourages private ownership and maintenance of roadways within newer subdivisions, since about 1990. We have a large number of private neighborhoods in our County, (approximately 250/0) representing a large percentage of our taxpayers. Public Works Staff is proceeding with collection of debris within our private neighborhoods and wë are obtaining "right of entry" approvals from each, prior to collection of debris. ' Dbw/sd c; BOCC Dan Mcintyre, County Attorney Ray Wazny, Assistant County Administrator Michael Powely, County Engineer Craig Hauschild, Capital Projects Engineer J :¡:¡ u OCT 0 1 2004 j co. ADMIN. OFFICE Exhibit 3 : R ' ~~, "t"~" .,~.,..::. ~;:I:.,\.. "'!-\..L (f¡" .' r ~,., ...~"-..~I; r~,"" j:~1f'" '~ ~ .~ ~bertff KENJ.MASCARA Telephone: (772) 462-3200 · Fax: (772) 489-5851 4700 West Midway Road· Fort Pierce, Florida 34981 October 1,2004 Mr. Doug Anderson County Administrator S1. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Anderson: ... On Sunday,.September 26, Hurricane Jeanne unleashed its fury on the Treasure Coast. S1. Lucie County became ground zero, and our county suffered extensive damage, power and water outages and localized flooding. As a result of Hurricane Jeanne, extensive vegetatiòn and debris covered the St. Lucie County road\,'ays, further challenging the response of public safety services- Now, almost one week after Hurricane Jeanne, public safety officers remain challenged by the extensive vegetation and debris on the St. Lucie County roadways, with calls for our services much higher than during normal times. ' . The public is counting on us to get to emergency scenes quickly and safely so we can provide the service the public requires. " Accordingly, I respectfully request that all efforts be made to expedite the removal of vegetation and debris from the roadways, right of ways and driveways throughout our county (including the gated communities) to ensure a quick and safe response. . Sincereb', . ..- ./' / . (0-'l~;-":;;"~/-~~1_=--~ /P'v - /'lJ'" ....~~."'" ..-~- .- - , . Kcµ"J. Mascara Slicriff ts _ -¡-;a)- ~ r r;;::::>~ \ :,'Ç\'/ .::,- :. ~. ~~~~- ',~ ;\ 0(;1 :~~~j~ 'CO "ij'·./,\I:, 0 :~\~¡:, ,,""''''''' ." Exhibit 4 Jay Sizemore, Fire Chief Karen Jones, Admin. Assistant ~~QUNlr,.:; ~;SJ.<Q '-' . ~ ~ ~ en :x- X ")l.. --?..s>[ DIØ~ , 2400 Rhode Island Ave. Fort Pierce, FL 3495D Phone: 772.462.8301 Fax: 772..462.8461 ST. LUC~E COUNTY FIRE DISTRICT OFFICE OF THE CHIEF October 1, 2004 Mr. Douglas Anderson, AdIIrinistrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Demr·Mr. Anderson: Due to recent Hurricane Jeanne the unincorporated areas of the County, including privately owned gated communities, are experiencing a large vo1~ of trees, shrubbery and other q.ebris accumulating along the roadways. A major concern of the Fire District is that citizens arc burning debris to expedite its removal. Also, in some cases the debris is piled so high and close to the roadway, that it could impede the 1'Ospoase of fi1'O apparatus. . A:1Jy timely assistance that you CaD provide in the removal of this debris will be grutly a.ppreciated. . . ~~~ 7é: 1./"2 -I/' 'Ii' Q ~. i~{ [ê(ë?~n\\,I7~ Ifji :.\ OCT 0 12004 } CO. ADMIN. OFFICE COUNTY ADMINISTRATION MEMORANDUM 06-10 DATE: Commissioner Joe Sf\~ Douglas M. Anderson,~ounty Administrator January 13, 2006 TO: FROM: RE: Joint Meeting Agenda Addition Per your request we have added to the joint meeting agenda a discussion item regarding roads. Some of the issues to be discussed regarding roads are County roads that are within the Cities or are contiguous whereby traffic from the Cities affects them. Examples in the southern/middle of the county include Midway Road, South Jenkins Road, and Rangeline Road. In the City of Fort Pierce are areas that have been annexed whereby the City has not taken over the responsibility of some of those roads within the annexed areas. We will also be discussing interconnectivity. At the joint meeting, staff will be bringing maps and other information regarding these roads and arterials. DMAlab 06-10 c: Board of County Commissioners Don West, Public Works Director Scott Herring, Road and Bridge Manager .~ ." ~~ c~ !O ::ë!:en g~ ~~ ~~ en rri" t)O (1)::0 :-t~ .....:::! cO o~ - rn~ 8~ ~~ ~~ ;JJ~ ~ëA 6 ):. ~ I II II II ;¡::: 'TI C m c;z rn ;¡:;;." C ~ C » 0 a ¡¡;¡ m » CJ -,:¡r"tJ :¡¡~êj "':;¡¡" ~Ë3~ :;tiC o :<f""lJ ¡;;g;J~ W;¡;"tJ c;¡¡o -"êJiii e~O mJ1 0° --I 1!:"U ëiêj ~1J »0 -< rJ} ~g) » o Z1J °èJ ~1J IO ,-00 mm ZO ¡>; ~ ~ o ....."" R QŽ¡S c::>CiJ" ¡:CI1Q ¡=;;¡;m ~ B !:CiJc Ifj 51 ~ I;¡ ~ ;;¡ f ~ i B !I B ~ ':)0 ~ " ~ '<:\ ~ ~"\ \.~ ':)\ _ _i">~ ~. ;;:¡r.;: 2 Q en :t: Q :t: ~ -< 1ñ ?U ..... ..... (,¡¡) - » ZO -I ao ::t! cP....;¡:: J> m~~ m=H * ølD=! ~õz iom+~-I~ :;;I":: ž?tjro o~1Z G1(J) ~~3:! ~ ?ri0 ...... ..... ..... ~...... ,,0) =š: ~ * ~~ J..#:~r ~7'\U ' m~(J) ~(J);-I gmr- :;;I~~ ~::to "!YIPO ~ ~ /~~ ¡: "U ;0 o < m ¡: m z -I "U ~ Z N ...... ...... -" 0 0) 0'1 0) m "tI 10 ~w N =1,.) ia! _0) (0) =0) 00') o ~ 0) ìTico otx:l ìTiO) m~"1Jš: =š: ~~ =~ !i 0 ~ ~ ~ -I * * * * ~ :z :...¡ (fj I r-z èf¡ m w BOARD OF COUNTY COMMISSIONERS FRANNIE HUTCHINSON COMMISSIONER May 17, 2005 Honorable Robert J. Benton, III Mayor City of Fort Pierce Commission P. O. Box 1480 Fort Pierce, FL 34954-1480 / ~ I·) f () ~ RE: Joint Planning Agreement Dear Mayor B~~~ Enclosed are four C 4) original Joint Planning Agreements between the County and the City of Fort Pierce. The Agreement was approved by the Board of County Commissioners of St. Lucie County C" Board") on May 3, 2005. As part of the discussion before the vote to approve the Agreement, the Board expressed its desire that this Agreement become a starting point leading to further dialogue to make the Agreement more meaningful. In this regard, the Board requested County staff to agenda the Agreement every six (6) months for Board review. If you have any questions, please let me know. FH/caf Enclosures Copy to: Board of County Commissioners County Administrator County Attorney Growth Management Director JOSEPH E. SMITH, District No.1. DOUG COWAf\D, DlSfflct No.2· PAULA A LEWIS, District No J . Ff\ANNIE HUTCHINSON., District No.4· CHf\IS ŒAFT,Dlsrrtct No.5 Counry Administrator - Douglas M, Anderson 2300 Virginia Avenue · Fort Pierce, FL 34952-5652 · (772) 4-62;.'-'!-4§'j.-----H FAX (772) 462-2131 . TDD (772) 462-1428 www.co.st-luCle.fl.us JOINT PLANNING AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE CITY OF FORT PIERCE This Joint Planning Agreement (the" Agreement") made and entered into as of the day of / 2005, by and between ST. LUCIE COUNTY, a political subdivision· of the State of Florida (hereinafter referred to as the "County"), the CITY OF FORT PIERCE, a Florida municipal corporation (hereinafter referred to as the "City). (The County and City are sometimes collectively referred to as the "Parties".) WIT N E SSE T H: WHEREAS, it is the purpose and intent of this Agreement, the Parties hereto, and the Florida Interlocal Cooperation Act of 1969/ as amended and codified as Section 163.01, Florida Statutes (the "Cooperation Act"), and Section 163.3171(3)/ Florida Statutes, to permit the City and the County to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby to provide the property, facilities and services provided for in this Agreement in the manner that will best accord with the existing and anticipated resources available to each of them and with geographic, economic, population and other factors influencing the needs and developments within an area CPlanning Area"), as designed on the attached map as Exhibit "A"; and, WHEREAS, it is the purpose of the Cooperation Act to provide for a means by which the Parties may exercise their respective powers, privileges and authorities which they might now or in the future share in common and which each might exercise separately; and, WHEREAS, the Parties recognize that proper intergovernmental coordination is essential for sound growth management; and, WHEREAS, a joint planning area agreement will provide a basis for the evaluation of future development applications as well as for the adequate and cost effective provision of public services within the Planning Area; and, WHEREAS, the County has adopted a Comprehensive Plan within an established Urban Services Boundary which is depicted on Exhibit "A"; and, WHEREAS, the City has adopted a Comprehensive Plan which applies within the current boundaries of the City which are depicted in Exhibit "A"; and, WHEREAS, the Parties seek to coordinate and achieve compatible land uses adjacent to their common boundary; and, WHEREAS, the Parties seek to promote sustainable economic development and quality job creation through consistent and planned development patterns and agree to work cooperatively to preclude urban sprawl; and, WHEREAS, effective intergovernmental relations will Improve the delivery of public services; and, WHEREAS, Section 163.3171(3), Florida Statutes, authorizes municipalities an,d counties to enter into joint agreements for the purposes of coordinating the preparation and adoption of municipal and county comprehensive plans, procedures for the administration of land development regulations or land development codes applicable thereto and other purposes under the Local Government Comprehensive Planning and Land Development Act, Section 163.3161, et.seq., Florida Statutes. WHEREAS, the Local Government Comprehensive Planning and Land Development Act encourages joint agreements entered into pursuant thereto to be formally stated and approved in appropriate action by the governing bodies involved and the administration be governed by the Florida Interlocal Cooperation Act of 1969; and, WHEREAS, the City and the County have held public hearings with public notice thereof to consider the adoption of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants of this Agreement, the City and the County agree as follows: ARTICLE 1 AUTHORITY 1.1 Authority. This Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes, Section 163.400, Florida Statutes; Part III, Chapter 163, Florida Statutes; Section 163.3171(3), Florida Statutes, and other applicable provisions of law, all as amended and supplemented from time to time. ARTICLE 2 DEFINITIONS 2.1 Definitions. The following definitions shall apply to this Agreement: Agreement: The interlocal planning agreement. ~ The City of Fort Pierce, Florida. Cooperation Act: The Florida Interlocal Cooperation Act of 1969 as amended and codified as Section 163.01, F.S. County: St. Lucie County, Florida. Development Permits: Development Permit includes any building permit, zoning permit, subdivision approval, rezoning, certification, certificates of occupancy, building inspections, special exception, variance or any other official action of local government having the effect of permitting the development of land. Parties: St. Lucie County, Florida, and the City of Fort Pierce, Florida. Planning Area: The area depicted in Exhibit "A". ARTICLE 3 PURPOSE, FINDINGS, INTENT 3.1 The purpose of this Agreement is to provide certain procedures for joint action by City and the County within the Planning Area in the preparation and adoption of changes to the comprehensive plan and on procedures for the administration of land development regulations or the land development code applicable thereto. 3.2 It is the intent of the parties to provide for the cooperation in managing growth within the Planning Area by providing for the coordination of comprehensive plan and land development regulations for the Planning Area. ARTICLE 4 COMPREHENSIVE PLAN, LAND DEVELOPMENT REGULATIONS AND CODE ENFORCEMENT 4.1 To provide for better integrated land use planning and land development within the Planning Area, the Parties agree as follows: 4.1.1. The City agrees to provide the County Administrator and County Attorney with 30 days prior written notice of all annexations into the City (first reading of annexation ordinance). This notice shall include copies of all annexation ordinances, staff reports and recommendations, and copies of all agreements, contracts or other similar instruments effecting any voluntary annexations. The County agrees to provide any written comments it may have on the proposed annexation to the City Manager and City Attorney at least three (3) days prior to the first reading of the annexation ordinance. Any comments submitted for consideration will be made a part of the record prior to final approval of the annexation. 4.1.2 In order to promote coordination of land use and development activities within the community, the County shall have the right to designate a non-voting representative to attend the City's site plan review committee and the City shall have the right to designate a non-voting representative to attend the County's development review committee. Each party shall provide the other party written notice of committee meetings. 4.2 Notwithstanding anything provided in this Agreement, neither the City's nor the County's duties, obligations, or responsibilities under any section of this Agreement shall affect the Parties' right, duty, obligation, authority or power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations nor in the exercise of any discretionary act or power within its respective jurisdiction. In no event shall the Parties, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals for development permits except through its established processes and in accordance with applicable provisions of law. . Failure to comply in any respect with this Agreement by either Party, including the providing of notice, shall neither affect nor serve as a basis to invalidate any land use development approvals. ARTICLE 5 MISCELLANEOUS 5.1 Amendments. This Agreement may be amended by the mutual written agreement of the County and the City at any time from time to time, which amendments shall become effective upon filing thereof with the Clerk of the Circuit Court of St. Lucie County, Florida, pursuant to Section 163.01(11), Florida Statutes. 5.2 Assignment. None of the parties may assign or transfer any or all of its duties, rights, responsibilities, or obligations under this Agreement to any other party or any person not a party to this Agreement without the express prior approval of the other party to this Agreement. 5.3 Severability. The provisions of this Agreement are severable, and it is the intention of the parties to confer the whole or any part of the powers herein provided for and if any of the provisions of this Agreement or any other powers granted by this Agreement shall be held unconstitutional, invalid or void by any court of competent jurisdiction, the decision of said court shall not affect or impair any of the remaining provisions of this Agreement. It is hereby declared to be the intent of the parties hereto that this Agreement would have been adopted, agreed to, and execute-d had such unconstitutional, invalid or void provision or power not been included therein, 5.4 Members of the City and County Not Liable. (1) All covenants, stipulations, obligations and agreements of the City and the County contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of the City and the County, respectively, to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. (2) No covenant, stipulation, obligation or agreement controlled herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future individual member of the governing body or agent or employee of the City or the County in its, his or their individual capacity, and neither the members of the Governing Body of the City or the County or any official executing this Agreement shall individually be liable personally or shall be subject to any accountability by reason of the execution by the City or the County of this Agreement or any act pertaining or contemplated hereby. 5.5 Term of the Agreement The initial term of this Agreement shall be five (5) years from the Effective Date unless sooner terminated by either Party. The term of the Agreement shall be automatically extended in five (5) year increments unless either party notifies the other party of its desire to terminate the Agreement which notice must be provided in writing at least ninety (90) days before the end of the then current term. Either Party may terminate this Agreement by providing thirty (30) days written notice to the other. 5.6 Beneficiaries. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the parties hereto, any right, remedy, or claim, legal or equitable, under or by reason of this Agreement or any provision hereof. It is the intent of the parties hereto that this Agreement and all its provisions are intended to be and are for the sole and exclusive benefit of the parties hereto. 5.7 Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given or filed with the City or the County shall be deemed sufficiently given or filed for all purposes of this Agreement if and when sent by registered mail, return receipt requested, or by direct personal delivery: To the County: St. Lucie County Administrator (With a copy to St. Lucie County Attorney) 2300 Virginia Avenue Fort Pierce, Florida 34982 To the City: Fort Pierce City Manager (With a copy to City of Fort Pierce Attorney) Post Office Box 1480 Fort Pierce, Florida 34954 5.8 Execution of Agreement, This Agreement shall be executed by both Parties and approved as to form and execution by the its Attorney, and their seal affixed hereto. If any officer whose signature appears on this Agreement ceases to hold office before all officers shall have executed this Agreement or prior to the filing of this Agreement as provided in Section 6.11 hereof, his or her signature shall nevertheless be valid and sufficient for all purposes. This Agreement shall bear the signature of, or may be signed by, such individuals as at the actual time of the execution of this Agreement shall be the proper and duly empowered officer to sign this Agreement and this Agreement shall be deemed to have been duly and properly executed even though on the Effective Date any such individual may not hold office. 5.9 Filing with Circuit Court Clerk. The County is hereby authorized and directed after approval of this Agreement by the Governing Body of the County and the City and the execution thereof by the duly qualified and authorized officers of each of the parties hereto as provided, to file this Agreement with the Clerk of the Circuit Court of St. Lucie County, Florida, as provided in Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement as of the day and year first !Jbove written. .- ~. , . .," ~ ~ '. ~' \ ' ~ , ,\;: ,/~ BOARD OF COUNTY COM IS. ,sIONERS I_I / ST. LUCIE' COUNTY, FL I ~IþA ; ,,)-.L-/ / (ey:M / - ~/ '----/ APPROVEDfjßO FORM AND CORRE NESS' BY: CITY OF FORT PIERCE, FLORIDA ATTEST: BY: City Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney Exhibit A Legend City Limits FPUA retail serviçe area (atka/Area A) S1. Lucie County Service E22'LJ Area (&We Areá B) County Urban Svc IIII Boundary Utility Service by Othérs y ,-' /' ç. -;; o c (C ç:; / Proposed Utility Service Area S1. Lucie CountylF1. Pierce Utility Authority Cornrunrty ~ Geoptaphic Ini~ Syslemt , --.....--..------ --.----..-....---- --..,,--...-....--- -- "'i. ¡ t j- PI Exhibit B 1::> 1::> 1::> (( (( (( 'E c c '" 0 0 '" u; '" 4> C ~ :¡s .t:: 0 0 :,< -, w IndOO d Legend D FPUA Retail Service Area _ Vacant CommerCÎa! Zoned _ Vacant Industrial Zoned 1::> a: 1::> 0: o 0.5 I 1 I Miles 2 I c .9 ] o -, .. õ E 4> C/') N A (ì o (ì Q ø -? L.. ->->- n ~ I I~~~~ t¡ I l~ I II ~\ JL-- tJff1T ¡ b, I ~ U L l~T_ J J L- III nIT _ \ II I ~T- - 'T II I]J r- If =rrmT ì I :=rn= _ 1--1- ~ 1--, 1->-lr ::::::::T == r::-r= ~ ;- - ¡ 1 JJ U -~ I IU I I I '. ..... ,,' . ", ' - ï:J ~ 11~ --, -= I - ~I v .¡II 1 ~J]ll ~ ! - I~ ~ :- :- ~/):::: " mTTTTl \., ~~~'\' I I JlllJH. ~ L-.-.-jt I 1111[ I >- 1- 1 \ r H ~ îr I~ Iffi (') :::J () C'D ::J EP ..... '--- ::J »~ --'- :;0 o (l) _1.----;:;:: ru- 11// q¡=:r II- Iv tyV ~III¡::::II /1 -~-4 '\ I _ ::-,/"'I~ 1::'1 .... " ,;'< ~ - Il V (- '-I ~ IT_L '2 11-= [g~f-- "V~ ~ og ·tÜ~n ~ -/i1 'ig¡- (~. p ~ =r ! ~ ! ,~ ~ I M ~- ~ ~l L & ~~ ~ ~[, I \i TI1II"II. rll ~~\ == I ~ ~ m r (-L! J b:!1m:f J~ > z C1, ' '" , W ~ 'š: ,; L I I - I J, h c::r: lJ I \ I ¡ \ I I Õ \ II \1!IDilliJ±D I, - - 1 I I "01 I- 1- '---- I· ,', - ,'- "·.1 " :', ',' = ,- - BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M, ANDEr-SON January 12, 2006 Mayor Robert J. Benton, III City of Fort Pierce 100 N US Hwy 1 PO Box 1480 Fort Pierce, FL., 34954-1480 RE: Proposed Skateboard Park for Lawnwood Complex De~ Per your request regarding a skateboard park for the Lawnwood Complex, I have the following information, The estimated cost of a skateboard complex using 2004 costs was in the range of $450,000-$600,000. With the construction of the Special Needs/Gymnasium Facility of 44,000-50,000 square feet at the Lawnwood Complex, staff has informed me that at this time there is no property available for a skateboard park (approximately four acres required) per the existing site plan. For your information, I have attached a copy of the various projects that are scheduled to be completed at the Lawnwood Complex by 2008 and a copy of the site plan. Please let me know the City's preference on what fields should be eliminated should a skateboard park be approved. Once I receive your comments, I will discuss them with staff, Obviously, any recommended changes to the existing site plan would have to go to the Recreation Advisory Board and the Board of County Commissioners for approval and appropriate funding would have to be identified. Is o ugl . Andeffion Co ty Ad inistrator DMA/a c: Board of County Commissioners Ray Wazny, Assistant County Administrator Faye Outlaw, Assistant County Administrator Dan Mcintyre, County Attorney Pete Keogh, Parks and Recreation Director Linda Barton, Assistant Parks and Recreation Director Attachment JOSEPH E, SMITH, Distflct No, 1 . DOUG COWARD, Dlsrrict No, 2 . PAULA A. LEWIS, Disrricr No, :\ . FRANNIE HUTCHINSON, Dlsrrlct No, 4 . CHRIS CRAFT, Disrrict No, 5 Counry Adm,nisrroror - Douglas M. Anderson 2.300 Virginio Avenue. Fort Pierce. FL .34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · emoil: dougo@co,st-Iucie.fl.us web site: www.co.st-Iucie.fl.us !I i r . II i iiiD ô! '. " -----11. n in rJ n ~ ml LJ ,J ~, .'.....0 ~....'..> ¡ ',;:. J ) ',~ ,j , [),"'" II /~-':>" ---~ì II ( {J) ~:: 1\1' 111 n 1.1 I 8\1\! 1,\ I Jj.. ß ~ J:J¡!t:b \, I ¡:¡ '--..,----,;..,. "------ {D- r!: 1jJ rJ '-.--. ß!rtP ~11g I'-=- I D D rr ð f& t1£:¡ tJ Ð n ~ J:J ~ -. "~ D 0 ~ 0 [] ~; 0 0 ,¿ = ~ f I H! H I HI! ~ ¡ 11 l't',H tî Parks and Recreation Department Memorandum To: Doug Anderson, County Administrator Linda Barton, Assistant Direct~' From: Subject: Scheduled Projects for Lawnwood Complex Date: January 10, 2006 Per your request the following is a list of projects in progress or scheduled for completion by 2008. · Four Soccer Fields $800,000.00- Park Referendum/FRDAP · Two Lit Softball Fields $1.3 million - Park Referendum · Gym/Special Needs Facility (44,000-50,000 sq. ft.) $8-11 million-Parks Referendum/ Federal Funding · Four Tennis Courts $200,000 Pending FRDAP Grant · Maint. Bldg & 3 Bay Pole Barn $297,000- Park Referendum Additional parking may be required to accommodate gym/special needs facility If you should require any additional information, please let me know. Cc: Pete Keogh, Director ~IL;~~;~I CO. ADMIN. OFFICE f\OAKO'"OF (OUNTY COMMISSIONERS PARKS & RECREATION MEMORJ\.NDUM To: From: Subject: Date: Doug Anderson. County Admin~~tor ./ Linda Brown, Asst. Director r ~ Skateboard Park January 12,2005 This memo is a summary of our conversation this morning on the above subject. Attached for your information and review is an estimate of cost for a skateboard park. Cost can range from $450,000 to $600.00 depending on the amenities chosen. In regard to funding, staff has reviewed varying funding sources and have determined the following: 1. Parks Referendum dollars are not available for this project. 2. Investment for the Future dollars in the amount of $200,000 could be made available towards the project in the 2005-2006 proposed budget which has not been presented to the Commissioners as of yet. ( Parks & Recreation 5 year plan proposes that this money be allocated for the proposed community center (phase 2) at the Capron Trail Park in Lakewood Park.) However, we will not be ready to proceed with building of the center before 2007 at which time additional funding should be available. 3. Impact Fee revenue is limited in Park "A" with a projected amount of $300,000. In Parks & Recreations five year plan, two-hundred and fifty thousand dollars ($250,000) is proposed for the Capron Trail Park community center but as stated before these dollars could be reallocated for the skateboard park at Lawnwood Complex. The above is only a recommendation by staff and of course the final decision would be made by the Board of Count)' Commissioners. Cc: Pete Keogh, Director Ray Wazny, Assist. County Adm. JOHN D. ßRUHN, Dls"'cr No 1 . DOUG COWARD, Dlsrncr No 2 . PAULA A. LE'ò/IS Dlstrlc! No J . H\ANt<lE HUTCHII-JSON D'Slrtcl No 4 . CLIfF GARNES, DlSfrtc! No 5 COUnf/ AomlnlsrrOlor - 00°910:; M Andpr~or 2300VirginioAvenue · Phone (772) 462-1515 · TDD (772) 462-1428 www.cost-Iucle.fl.us Parks and Recreation Department Memorandum To: Linda Brown, Assistant Parks & Recreation Director hf' '.,-' From: Barbara Heck Subject: j Martin County Skate Parks Date: March 30, 2004 As per your request, I made contact with Kevin Landry, Park Planner for Martin County (772/221-1376), and he was kind enough to provide the following information regarding their (4) skate parks and a new one that is in the planning stages. Martin County has two different kinds of skate parks-a street course and a concrete bowl. The street course skate park costs totaled $450,000.00 ($200,000.00 for the ramps and $250,000.00 for the concrete and lighting) and is built at ground level. Cost for land acquisition was additional (4 acres). The ramps were purchased from Spawn Ranch Manufacturing and a local contractor did the concrete work. There was no scope of services. The design came about through workshops with skateboarders who set up the components for the final design. The street course requires periodic maintenance, as the screws that hold the ramps in place tend to loosen from use. The concrete bowl skate park is partially in the ground so soil conditions would be a factor in choosing a site. Martin County's bowl skate park cost $580,000.00 to build, plus the cost of the land (approximately 4 acres). Tim Givens Remodeling built the bowl. There is very little maintenance on this structure other than cleaning, trash pickup. Martin County charges an annual membership fee of $10.00, issuing a skate card to each user after they have read the rules and signed an affidavit that they have read and understand the rules. There is a skate guard on duty whenever school is not in session and of course, weekends & holidays. Mr. Landry also advised me that there IS a State Statute that limits liability of municipalities that build skate parks. Ibh Parks and Recreation Department Memorandum To: Linda Brown, Assistant Parks & Recreation Director From: Barbara Heck Subject: Skateboard Park Information Date: August 13, 2004 Regarding the Martin County Skateboard Park, I contacted the contractor, Tim Givens Building and Remodeling, 5390 Georgia Avenue, West Palm Beach, FL 33405, at (561) 533-5828. They estimated that a similar type, concrete bowl skatepark, would cost in the neighborhood of $600,000.00 to build in 2005. I also contacted the engineer, Douglas O'Laughlin at Adair & Brady, Inc., 3461 Fairlane Farms Road, Wellington, FL 33414, (561) 383-7480. They listed their total cost for the project at $58,900.00 and suggested adding 10-15% for a 2005 cost estimate. That amount included the following breakdown of costs: Survey Engineering Permits Environmental Services Designer (John Woodstock) Lighting Miscellaneous $ 9,600. 19,500. 4,000. 4,500. 15,000. 4,500. 1,800. Mr. O'Laughlin said that the design costs could be much lower if you are able to use a re- use design, and there could be variables in the other areas depending on the site. Tim Givens also suggested looking at a combo concrete bowl/street park that is at South Jupiter Community Park, 1501 Frederick Mall Road, Jupiter, that has a design that he highly recommends. Ibh