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Home My WebLink AboutAgenda Packet 04-04-06 April 4, 2006 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS _ All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Ustening 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us Doug Coward, Chairman Chris Craft, Vice Chairman Joseph E. Smith Paula A. Lewis Frannie Hutchinson District No. 2 District No. 5 District No. 1 District No.3 District No. 4 April 4, 2006 6:00 P.M. Invocation PI~d~e of Allegiance ¡tìJ cJ MINUTES ~~~¡)A) Approve the minutes of the meeting held on March 28, 2006. 2. PROCLAMATIONS/PRESENTATIONS A. Presentation by Tony Mijares and Silvio Cardoso of United Homes (ZiV~ B. Resolution No. 06-110 - Proclaiming the Month of April 2006 "Water Conservation Month" in S1. Mv /- r¡ Lucie County, Florida - Consider staff recommendation to adopt Resolution No. 06-110 as ~ Æ drafted. C. Reading of the announcements by the County Administrator. 3. GENERAL PUBLIC COMMENT CONSENT AGENDA 11 _/ IippnvcA ç--D J~I t{ød" 7fe{l>~ ~ PUBLIC HEARINGS GROWTH MANAGEMENT MòhlM~u;~\J¿D((N,'~'uns~cJ~eJb iLt/~ ß. ~") ~f\ ~o-~f).¡b I otH~ Consider the request of Maine Real Estate Holdings, LLC, 'Idr a Conditional Use Permit and Mà10r Site 0 ß Plan to operate a concrete manufacturing facility to be known as Midway Industrial Park, Lot 14 - Short~e; '!3><¿ Load Concrete Company in the IH (Industrial, Heavy) Zoning District for property located on the eastù'~./ side of South Jenkins Road, approximately 1,300 feet north of West Midway Road in Midway Industrial Park Phase III - Draft Resolution No. 06-047 - Consider staff recommendation to approve Draft Resolution No. 06-047, which would grant the request for a Conditional Use Permit and Major Site Plan to operate a concrete manufacturing facility to be known as Midway Industrial Park, Lot 14 - Short Load Concrete Company in the IH (Industrial, Heavy) Zoning District subject to three limiting conditions. 4. 5A~ ~(¡ \'\~ j) ~B~ COUNTY ATTORNEY \ ~ \\l:~" \ Consider Draft Ordinance No. 06-005 - Amending the S1. Lucie County Land Development Code by \.SJ ~v I~~~\fmending Section 7.01.02 to include Single Family Detached Dwellings in Residential Planned Unit \ ~.-JY'~~~ Developments - No specific action is required by the Board at this time. This meeting is for the il,J) " \~\j purpose of accepting public comments and testimony and providing any direction to amend or ~:;, ~'otherwise modify this draft ordinance. The second pubiic hearing wiil be on April 18, 2006. Regular Agenda n ~~~~i;~O~ ill ~1). ~'br~!5t- pQ( GM~ A4Òf~ { {\ 5C. :~aUNTY ATTORNEY I I I' Ordinance No. 06-012 - Stop Gap Ordinance - Consider staff recommendation to adopt Ordinance No. J\" ¡vU 06-012 and authorize the Chair to sign the Ordinance. 5D. COUNTY ATTORNEY Ordinance No. 06-011 Deleting Property Described in Exhibit "1" from Ordinance No. 2005-016 ("Stop Gap") Ordinance - Consider staff recommendation to adopt Ordinance No. 06-011 and authorize the Chair to sign the Ordinance. \..J \\(\ ~\ò \ \r-\'>:,\Ù ," \J '\ END OF PUBLIC HEARINGS (\ 6. r'\\\ COUNTY ATTORNEY ~~ ~~~ Road Contribution and Construction Agreements - Eagle Bend and Victoria Oaks - Consider staff \ ..~ / ^ recommendation to approve the Road Contribution and Construction Agreements and authorize the /0;0 Chairman to sign the Agreements. CONSENT AGENDA 1. WARRANTS LIST Approval of Warrant List No. 26 2. COUNTY ATTORNEY A. Resolution No. 06-112 extending the State of Emergency for Hurricane Wilma - Consider staff recommendation to approve Resolution No. 06-112 and authorize the Chairman to sign the Resolution. B. Ordinance No. 06-014 - Establishing the Celebration Pointe Community Development District- Consider staff recommendation to grant permission to advertise Ordinance No. 06-014. C. Changes to Art in Public Places Guidelines - Consider staff recommendation to approve changes to Art In Public Places Guidelines. D. Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case no. 92-1196 dated August 4, 1999 and Agreement - Consider staff recommendation to authorize the Chairman to sign the attached Partial Release of Lien. E. South 26th Street Area Community Development Block Grant (CDBG) Project - Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority - Consider staff recommendation to approve the proposed Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority for the South 26th Street Area Community Development Block Grant (CDBG) Project, and authorize the Chairman to sign the Agreement. F. Request Permission to Advertise - Public Hearing - Petition to abandon a portion of a 50 foot right-of-way known as Boyington Road - Consider staff recommendation to authorize staff to , advertise a Public Hearing to be held on May 2, 2006 at 6:00 p.m. or as soon thereafter as J. \()~~,,\6't~:ib:~d Creek/Blind Creek Restoration Project - Work Authorization No. 24 with Hazen & '0 \\e,.\ ~IC 'J' Sawyer, P.C. - Consider staff recommendation to approve proposed Work Authorization No. 24 t~ r 1 wit~ Hazen & Sawyer, Inc., and authorize the Chairman to sign the Tenth Amendment as )(/v l revised. 3. PUBLIC WORKS A. Road & Bridge Division - Final acceptance, approval of Final Change Order #2, release of retainage, and make final payment of $95,615.40 for the annual 2004-05 Resurfacing Contract with Ranger Construction Industries, Inc. - Consider staff recommendation to approve final acceptance, and Final Change Order No.2, which will decrease the contract amount by $112,707.50 to a final contract amount of $956,154.04, authorize the Chairman to sign the Change Order, release of retainage, and make final payment of $95,615.42 for the 2004-05 Annual Resurfacing Contract with Ranger Construction Industries, Inc. B. Engineering Division - Entrada Avenue and Rio Mar Drive Landscape Project - Professional Engineering Services for Roadway and Intersection Design - Amendment No. 1 to Work Authorization No. 6 (COO-10-112) with Kimley-Horn and Associates, Inc., in the amount of $4,500.00 to provide services during construction - Consider staff recommendation to approve Amendment No.1 to Work Authorization No.6 (COO-10-112) with Kimley-Horn and Associates, Inc., for Professional Engineering Services for Roadway and Intersection Design in the amount of $4,500.00 to provide services during construction for the Entrada Avenue and Rio Mar Drive Landscape Project, and authorize the Chairman to sign. C. Engineering Division - Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design Update - Consider staff recommendations to approve Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design Update in the amount of $87,810.00 and authorize the Chairman to sign. Consent Agenda April 4, 2006 Page Two PUBLIC WORKS CONTINUED D. Change Order NO.3 for the Weatherbee Road & U.S. 1 Intersection Improvements project for the time only. The project has been completed - Consider staff recommendation to approve and authorize the Chair to sign Change Order No. 3 for the Weatherbee Road & U.S. 1 Intersection Improvements project for time only. E. Engineering Division - Award of RFP #06-025 - Professional Engineering Services for Stormwater Management - Consider staff recommendations to approve the shortlist, grant permission to negotiate with the seven firms, and authorize the Chairman to sign contracts as prepared by the County Attorney. F. Engineering Division - Request permission to advertise for proposals from qualified engineers and professionals to provide Assessment Preparation and Maintenance Services under continuing contracts with St. Lucie County - Consider staff recommendation to advertise for proposals from qualified firms to provide Assessment Preparation and Maintenance Services under the limitations of the St. Lucie County Purchasing Manual and the Florida State Statutes. 4. LIBRARY St. Lucie West Library - Contracted Services - Consider staff recommendation to approve the expenditure of $164,003 for Contractual Services at St. Lucie West Library. Staff also recommends the County Administrator be authorized to sign the purchasing requisition for payment of services to Indian River Community College and Indian River Community College Foundation. 5. PURCHASING A. Award of Invitation for Bids #15, #16, #17, #18, and #19 CDBG Housing Rehabilitation - Community Services Department - Consider staff recommendation to award the following Bids to the low bidder in each bid, Angus Enterprises, Inc.: Bid #15 in the amount of $41,250.00, Bid #16 in the amount of $30,550.00, Bid #17 in the amount of $54,020.00, Bid #18 in the amount of $102,000.00, and Bid #19 in the amount of $138,500.00. Staff also recommends the Chairman to sign the contracts as prepared by the County Attorney. B. Permission to reject bid received for Invitation for Bids (IFB) 06-032 - Purchase of Asphalt - Consider staff recommendation to reject the bid received for Bid #06-032 - Purchase Asphalt, because it does not meet the requirements of the Road & Bridge Division. Staff also recommends the approval to re-advertise for Invitation for Bids (IFB) for Purchase of Asphalt. C. Permission to Advertise for Request for Proposals (RFP) for a three (3) year lease of golf carts and Carry-All gasoline driving range vehicles for Fairwinds Golf Course - Consider staff recommendation to grant permission to advertise Request for Proposals (RFP) for a three (3) year lease of golf carts and Carry-All gasoline driving range vehicles for Fairwinds Golf Course. D. Fixed Asset Inventory - Property Record Removal and permission to advertise Invitation for Bid (IFB) to sell the attached list of equipment - Consider staff recommendation to authorize staff to remove the attached records from the fixed asset inventory and authorize permission to advertise for bids. 6. GROWTH MANAGEMENT Request of Barbara Swegles for final plat approval and agreement to pay fair share contribution for improvements to Favorite Road for the project to be known as 4311 Favorite Road Subdivision. The project is located at 4311 Favorite Road on the south side of Favorite Road, approximately 650 feet west of Selvitz Road - Consider staff recommendation to approve the agreement to pay fair share contribution for improvements to Favorite Road and the final plat of 4311 Favorite Road and authorize its final execution. Consent Agenda April 4, 2006 Page Three 7. CENTRAL SERVICES ADA Compliant Assessment of all Supervisor of Elections Polling locations for St. Lucie County and approval to waive the bid process and proceed with request for quotes to accomplish modifications needed at each polling place in a timely manner - Consider staff recommendations to approve waiving the bid process and proceed with accepting quotes to accomplish the modifications needed at the approximately sixty (60) Supervisor of Elections polling locations for St. Lucie County. 8. INVESTMENT FOR THE FUTURE Approval to reallocate IFF Funding and use a portion of these funds for the renovation of the County Administrators Conference Room located in the Roger Poitras Building - Consider staff recommendation to approve the reallocation of IFF funds in the combined amount of $80,000.00 authorizing staff to proceed with projects in need of funding; this includes the renovation of the Administrators Conference Room located at the Roger Poitras Building. ANNOUNCEMENTS APRIL 4, 2006 1. The Board of County Commissioners, the School Board of 81. Lucie County and the City of Fort Pierce will hold a Joint Meeting on Monday, April 10, 2006 at the City of Fort Pierce Commission Chambers first floor, 100 N. US Hwy. 1, Fort Pierce from 9:00 a.m. to Noon. 2. St. Lucie County will host a ground breaking ceremony for the Clerk of the Courts Building on Tuesday, April 11, 2006 at 2:00 p.m. at the corner of Atlantic Avenue and Indian River Drive in Downtown Fort Pierce. 3. The St. Lucie County Master Gardeners are holding their "Spring Into Gardening Festival" on Saturday, April 22, 2006 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension Office on Picos Road. For more information contact the Extension Office at 462-1660. 4. The 15th Annual United Veterans Golf Tournament will be on Saturday, April 22, 2006 at Fairwinds Golf Course at 8:30 a.m. (Shotgun Start). 5. The Oxbow Eco-Center announces their Annual Earth Day Celebration on Saturday, April 22, 2006 from 10:00 a.m. to 3:00 p.m. 6. Zorafest Street Festival will be on Saturday, April 29, 2006 at Lincoln Park Academy, 1806 Avenue I, Fort Pierce. For more information please call 772-462-1767. 7. St. Lucie County International Airport will hold a Fly In - Open House on Saturday, April 29, 2006 from 11 :00 a.m. to 3:00 p.m. 8. The Board of County Commissioners will hold a Workshop with the Research & Education Authority on Monday, May 1,2006 from 2:00 p.m. to 5:00 p.m. in the County Commission Chambers. 9. St. Lucie County Parks and Recreation will host "Pitch, Hit & Run," the Official Skills Competition of Major League Baseball, on May 6,2006 at 9:00 a.m. at the Lawnwood Complex, Softball Field NO.1 in Fort Pierce. 10. The Special Olympics, St. Lucie County Golf Tournament will be on Saturday, June 10, 2006 at Club Med at 8:30 a.m. (Shotgun Start). 11. The Board of County Commissioners, St. Lucie County, Florida is currently seeking applications from persons desiring to be nominated for appointment by the County Commissioners to serve on the St. Lucie County Historic Preservation Committee. Interested persons can obtain an application from the County Administration Office, 2300 Virginia Avenue, Fort Pierce, FL 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 leastforty-eight (48) hours prior to the meeting. St. Lucie County Mosquito Control District www.co.st-Iucie.fl.us Joseph E. Smith, Chairman Paula A. Lewis, Vice Chairman Doug Coward Frannie Hutchinson Chris Craft District No.1 District No.3 District No.2 District No.4 District No.5 AGENDA April 4. 2006 1. GENERAL PUBLIC COMMENT 1.~~ ~~ß CONSENT AGENDA COUNTY ATTORNEY Impoundment Restoration - Revised Tenth Amendment to May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395) - Consider staff recommendation to approve the revised Tenth Amendment to the May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395), and authorize the Chairman to sign the Tenth Amendment as revised. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Notes 4/4/06 Board of County Commission Meeting * Comm. Coward: The County Attorney has requested that Public Hearing Agenda Item 5D be heard before Public Hearing Agenda Item 5 C. 2B. Scott Eckler will be here to accept the proclamation. April 4, 2006 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA _ Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie. fLus Doug Coward, Chairman Chris Craft, Vice Chairman Jos~ph E. Smith Paula A. Lewis Frannie Hutchinson District No.2 District No.5 District No.1 District No.3 District No.4 April 4, 2006 6:00 P.M. Invocation Pledge of Allegiance 1. 2. 3. 4. MINUTES Approve the minutes of the meeting held on March 28, 2006. PROCLAMATIONS/PRESENTATIONS A. Presentation by Tony Mijares and Silvio Cardoso of United Homes B. Resolution No. 06-110 - Proclaiming the Month of April 2006 "Water Conservation Month" in St. Lucie County, Florida - Consider staff recommendation to adopt Resolution No. 06-110 as drafted. C. Reading of the announcements by the County Administrator. 5A. GENERAL PUBLIC COMMENT CONSENT AGENDA ~ ~~ - PUBLIC HEARINGS .sr/ etr,'r"" (r ~íf" ..,./ )f)fJ . /1(b v tit? ,('-I ~ ,) 1" GROWTH MANAGEMENT ..rv J t,.Y"'" p , Ç-«' ~ß 1--- Consider the request of Maine Real Estate Holdings. LLC, for a Conditional Use Permit and Major Sit~ Plan to operate a concrete manufacturing facility to be known as Midway Industrial Park, Lot 14 - Short~ Load Concrete Company in the IH (Industrial, Heavy) Zoning District for property located on the easÝ~ side of South Jenkins Road, approximately 1,300 feet north of West Midway Road in Midway IndustriaV"'7 II Park Phase III - Draft Resolution No. 06-047 - Consider staff recommendation to approve Draft-f'~ Resolution No. 06-047, which would grant the request for a Conditional Use Permit and Major Site Plan to operate a concrete manufacturing facility to be known as Midway Industrial Park, Lot 14 - Short Load Concrete Company in the IH (Industrial, Heavy) Zoning District subject to three limiting conditions. 5B. COUNTY ATTORNEY Consider Draft Ordinance No. 06-005 - Amending the St. Lucie County Land Development Code by Amending Section 7.01.02 to include Single Family Detached Dwellings in Residential Planned Unit Developments - No specific action is required by the Board at this time. This meeting is for the purpose of accepting public comments and testimony and providing any direction to amend or otherwise modify this draft ordinance. The second public hearing will be on April 18, 2006. jJ4 () I p-~ -- a.- ¿~~ ¿Ç '-' ~- Ji::' ->;>?# 6) /~-D¿'e. - Regular Agenda April 4, 2006 Page Two ~c 5D. 6. ~r Cóvnl~ B~o(n~ 'Í)I \<2ÛSL:- QkGtr\e¡ c.... -\-LL- orð-e¡.- o} 5D O~ sc. . \J COUNTY ATTORNEY Ordinance No. 06-012 _ Stop Gap Ordinance - Consider staff rec~mendation to adopt Ordinance No. 06-012 and authorize the Chair to sign the Ordinance. ê'- -- 'Yf.-1 5) COUNTY ATTORNEY t) C¿c.- Ordinance No. 06-011 Deleting Property Described in Exhibit "1" from Ordinance No. 2005-016 ("Stop Gap") Ordinance - Consider staff recomm@ndtionto adopt 00inanc~0. 06-011 an~horize t~~ Chair to sign the Ordinance. ~ I yrJdrll......J) ð/, 'þh-. -~ ~ ~- ~ oJr'f! .5?/·'2 ..-U,r!- O~"ßj END OF PUBLIC HEARINGS :.g. ~¡? ;1 ~ ".- a. c. COUNTY ATIORNEY ~. ,,{6. Road Contribution and Construction Agreements - Eagle Bend and Victoria OaKS":: Consider staff recommendation to approve the Road Contribution and Construction Agreements and authoriz';;p,e Chairman to sign the Agreements. . . - -." -<:_- Gl. Cv~~~7~~~ ~ fJ¡í-I¡70¡!/ (j)~~,,~ €)~ /!¿JI2- · P ~d-. þ...-eø..· 7 ^ /J/P~'~~ 7ÞØ- .þ-r-Á. ¿._/ r- ~ c fi.-' .~~..K /4-. ---~ ;nð (}e ~é -!?S CONSENT AGENDA 1. WARRANTS LIST Approval of Warrant List No. 26 2. COUNTY ATTORNEY A. Resolution No. 06-112 extending the State of Emergency for Hurricane Wilma - Consider staff recommendation to approve Resolution No. 06-112 and authorize the Chairman to sign the Resolution. B. Ordinance No. 06-014 - Establishing the Celebration Pointe Community Development District - Consider staff recommendation to grant permission to advertise Ordinance No. 06-014. C. Changes to Art in Public Places Guidelines - Consider staff recommendation to approve changes to Art In Public Places Guidelines. D. Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case no. 92-1196 dated August 4,1999 and Agreement - Consider staff recommendation to authorize the Chairman to sign the attached Partial Release of Lien. E. South 26th Street Area Community Development Block Grant (CDBG) Project - Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority - Consider staff recommendation to approve the proposed Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority for the South 26th Street Area Community Development Block Grant (CDBG) Project, and authorize the Chairman to sign the Agreement. F. Request Permission to Advertise - Public Hearing - Petition to abandon a portion of a 50 foot 1 . . right-of-way known as Boyington Road - Consider staff recommendation to authorize staff to ~/--~dvertise a Public Hearing to be held on May 2, 2006 at 6:00 p.m. or as soon thereafter as ) . rv ~ossible. (/3. ¡Little Mud Creek/Blind Creek Restoration Project - Work Authorization No. 24 with Hazen & . ..¿6f... .... / Sawyer, P.C. - Consider staff recommendation to approve proposed Work Authorization No. 24 . . with Hazen & Sawyer, Inc., and authorize the Chairman to sign the Tenth Amendment as . . revised. 3. PUBLIC WORKS A. Road & Bridge Division - Final acceptance, approval of Final Change Order #2, release of retainage, and make final payment of $95,615.40 for the annual 2004-05 Resurfacing Contract with Ranger Construction Industries, Inc. - Consider staff recommendation to approve final acceptance, and Final Change Order No.2, which will decrease the contract amount by $112,707.50 to a final contract amount of $956,154.04, authorize the Chairman to sign the Change Order, release of retainage, and make final payment of $95,615.42 for the 2004-05 Annual Resurfacing Contract with Ranger Construction Industries, Inc. B. Engineering Division - Entrada Avenue and Rio Mar Drive Landscape Project - Professional Engineering Services for Roadway and Intersection Design - Amendment No. 1 to Work Authorization No.6 (COO-10-112) with Kimley-Horn and Associates, Inc., in the amount of $4,500.00 to provide services during construction - Consider staff recommendation to approve Amendment No.1 to Work Authorization No.6 (COO-10-112) with Kimley-Horn and Associates, Inc., for Professional Engineering Services for Roadway and Intersection Design in the amount of $4,500.00 to provide services during construction for the Entrada Avenue and Rio Mar Drive Landscape Project, and authorize the Chairman to sign. C. Engineering Division - Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design Update - Consider staff recommendations to approve Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design Update in the amount of $87,810.00 and authorize the Chairman to sign. Consent Agenda April 4, 2006 Page Two PUBLIC WORKS CONTINUED D. Change Order No.3 for the Weatherbee Road & U.S. 1 Intersection Improvements project for the time only. The project has been completed - Consider staff recommendation to approve and authorize the Chair to sign Change Order No. 3 for the Weatherbee Road & U.S. 1 Intersection Improvements project for time only. E. Engineering Division - Award of RFP #06-025 - Professional Engineering Services for Stormwater Management - Consider staff recommendations to approve the shortlist, grant permission to negotiate with the seven firms, and authorize the Chairman to sign contracts as prepared by the County Attorney. F. Engineering Division - Request permission to advertise for proposals from qualified engineers and professionals to provide Assessment Preparation and Maintenance Services under continuing contracts with St. Lucie County - Consider staff recommendation to advertise for proposals from qualified firms to provide Assessment Preparation and Maintenance Services under the limitations of the St. Lucie County Purchasing Manual and the Florida State Statutes. 4. LIBRARY St. Lucie West Library - Contracted Services - Consider staff recommendation to approve the expenditure of $164,003 for Contractual Services at St. Lucie West Library. Staff also recommends the County Administrator be authorized to sign the purchasing requisition for payment of services to Indian River Community College and Indian River Community College Foundation. 5. PURCHASING A. Award of Invitation for Bids #15, #16, #17, #18, and #19 CDBG Housing Rehabilitation - Community Services Department - Consider staff recommendation to award the following Bids to the low bidder in each bid, Angus Enterprises, Inc.: Bid #15 in the amount of $41,250.00, Bid #16 in the amount of $30,550.00, Bid #17 in the amount of $54,020.00, Bid #18 in the amount of $102,000.00, and Bid #19 in the amount of $138,500.00. Staff also recommends the Chairman to sign the contracts as prepared by the County Attorney. B. Permission to reject bid received for Invitation for Bids (IFB) 06-032 - Purchase of Asphalt - Consider staff recommendation to reject the bid received for Bid #06-032 - Purchase Asphalt, because it does not meet the requirements of the Road & Bridge Division. Staff also recommends the approval to re-advertise for Invitation for Bids (IFB) for Purchase of Asphalt. C. Permission to Advertise for Request for Proposals (RFP) for a three (3) year lease of golf carts and Carry-All gasoline driving range vehicles for Fairwinds Golf Course - Consider staff recommendation to grant permission to advertise Request for Proposals (RFP) for a three (3) year lease of golf carts and Carry-All gasoline driving range vehicles for Fairwinds Golf Course. D. Fixed Asset Inventory - Property Record Removal and permission to advertise Invitation for Bid (IFB) to sell the attached list of equipment - Consider staff recommendation to authorize staff to remove the attached records from the fixed asset inventory and authorize permission to advertise for bids. 6. GROWTH MANAGEMENT Request of Barbara Swegles for final plat approval and agreement to pay fair share contribution for improvements to Favorite Road for the project to be known as 4311 Favorite Road Subdivision. The project is located at 4311 Favorite Road on the south side of Favorite Road, approximately 650 feet west of Selvitz Road - Consider staff recommendation to approve the agreement to pay fair share contribution for improvements to Favorite Road and the final plat of 4311 Favorite Road and authorize its final execution. ; Consent Agenda April 4, 2006 Page Three 7. CENTRAL SERVICES ADA Compliant Assessment of all Supervisor of Elections Polling locations for St. Lucie County and approval to waive the bid process and proceed with request for quotes to accomplish modifications needed at each polling place in a timely manner - Consider staff recommendations to approve waiving the bid process and proceed with accepting quotes to accomplish the modifications needed at the approximately sixty (60) Supervisor of Elections polling locations for St. Lucie County. 8. INVESTMENT FOR THE FUTURE Approval to reallocate IFF Funding and use a portion of these funds for the renovation of the County Administrators Conference Room located in the Roger Poitras Building - Consider staff recommendation to approve the reallocation of IFF funds in the combined amount of $80,000.00 authorizing staff to proceed with projects in need of funding; this includes the renovation of the Administrators Conference Room located at the Roger Poitras Building. ANNOUNCEMENTS APRIL 4, 2006 1. The Board of County Commissioners, the School Board of St. Lucie County and the City of Fort Pierce will hold a Joint Meeting on Monday, April 10, 2006 at the City of Fort Pierce Commission Chambers first floor, 100 N. US Hwy. 1, Fort Pierce from 9:00 a.m. to Noon. 2. St. Lucie County will host a groundbreaking ceremony for the Clerk of the Courts Building on Tuesday, April 11, 2006 at 2:00 p.m. at the corner of Atlantic Avenue and Indian River Drive in Downtown Fort Pierce. 3. The St. Lucie County Master Gardeners are holding their "Spring Into Gardening Festival" on Saturday, April 22, 2006 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension Office on Picos Road. For more information contact the Extension Office at 462-1660. 4. The 15th Annual United Veterans Golf Tournament will be on Saturday, April 22, 2006 at Fairwinds Golf Course at 8:30 a.m. (Shotgun Start). 5. The Oxbow Eco-Center announces their Annual Earth Day Celebration on Saturday, April 22, 2006 from 10:00 a.m. to 3:00 p.m. 6. Zorafest Street Festival will be on Saturday, April 29, 2006 at Lincoln Park Academy, 1806 Avenue I, Fort Pierce. For more information please call 772-462-1767. 7. St. Lucie County International Airport will hold a Fly In - Open House on Saturday, April 29, 2006 from 11 :00 a.m. to 3:00 p.m. 8. The Board of County Commissioners will hold a Workshop with the Research & Education Authority on Monday, May 1,2006 from 2:00 p.m. to 5:00 p.m. in the County Commission Chambers. 9. St. Lucie County Parks and Recreation will host "Pitch, Hit & Run," the Official Skills Competition of Major League Baseball, on May 6,2006 at 9:00 a.m. at the Lawnwood Complex, Softball Field No.1 in Fort Pierce. 10. The Special Olympics, St. Lucie County Golf Tournament will be on Saturday, June 10,2006 at Club Med at 8:30 a.m. (Shotgun Start). 11. The Board of County Commissioners, St. Lucie County, Florida is currently seeking applications from persons desiring to be nominated for appointment by the County Commissioners to serve on the St. Lucie County Historic Preservation Committee. Interested persons can obtain an application from the County Administration Office, 2300 Virginia Avenue, Fort Pierce, FL 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. st. Lucie County Mosquito Control District www.co.st-lucie.fLus Joseph E. Smith, Chairman Paula A. Lewis, Vice Chairman Doug Coward Frannie Hutchinson Chris Craft District No. 1 District No. 3 District No.2 District No.4 District No. 5 AGENDA April 4. 2006 1. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. COUNTY ATTORNEY Impoundment Restoration - Revised Tenth Amendment to May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395) - Consider staff recommendation to approve the revised Tenth Amendment to the May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395), and authorize the Chairman to sign the Tenth Amendment as revised. 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. PRAYER OFFERED I Apri13,2006 BOCC MEETING Dear Father, We open our hearts to you and thank you for blessing us with family and friends. In Your Name we pray. Amen BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 28, 2006 Tape: 1 Convened: 9:00 a.m. Adjourned: 10: 10 a.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Paula A. Lewis, Frannie Hutchinson, Joseph Smith Others Present: Faye Outlaw, Asst. County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Mike Bowers, Utilities Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Marie Gouin, M & B Director, Ed Parker, Purchasing Director, Roger Shinn, Central Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Lewis, seconded by Com. Smith to approve the minutes of the meeting held March 21, 2006, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESNTATIONS A. The Waste Reduction Manager presented the winners of the Imagination Station Contest. B. Resolution No. 06-088- Proclaiming April 17, 2006 through April 2'1, 2006 as "Occupational Health Nurses Week" in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Resolution No. 06-088, and; upon roll call, motion carried unanimously. C. Resolution No. 06-105- Proclaiming the month of March, 2006 as "American Red Cross" month in St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 06-105, and; upon roll call, motion carried unanimously. D. Resolution No. 06-109 this item was pulled. E. Resolution No. 06-110 - This item was pulled. F. Mr. Greg Burns of Marlow &Company made a presentation on the Federal Projects. G. The Asst. County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS (1-1034) Mr. Bill Blazak, Culpepper & Terpening, addressed the Board regarding item C8-B and thanked everyone for their efforts. Mr. Mike Jacquin, resident, addressed the Board regarding the unsightly fence parallel to Kings Highway that he felt was intrusive on a main corridor. Mr. Jacquin also addressed the assurance of warranties that should be maintained regarding item C-1 0 and advised the Board if they county intends to pay for the insurance, property procedures should be followed. 1 .- ',- -, '," .,~ ,~....".,,~ -,~._.~'" .~ .~. , ,...---....» ....~' ,,-,.,.... " .. Staff advised the Board the issue has been dealt with and they will present a report to the Board. Com. Coward requested staff look at the fence and make sure it meets the code. 4. CONSENT AGENDA (1-11034) It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call., motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 25. 2. COUNTY ATTORNEY A Resolution No. 06-107 extending the State of Emergency for Hurricane Wilma- The Board approved Resolution No. 06-107 and authorized the Chairman to sign. B. Permission to Advertise- Ordinance No. 06-013- Provide for an Administrative Variance Procedure for Minimum Yard Setback in any existing Mobile Home Park- The Board approved advertising the proposed Ordinance for public hearings before the Local Planning Agency on April 20, 2006 and the Board of County Commissioners on May 2, 2006 beginning at 6:00 p.m. or as soon thereafter as it may be heard. C. First Amendment to Interlocal Agreement- Security Rates- The Board approved the First Amendment to the Interlocal Agreement raising the hourly rates of deputies and supervisors effective October 1, 2005. 3. PARKS AND RECREATION A. Purchase of filtration equipment for Paradise Park pool and cancellation of Equipment Request EQ 06-122 - The Board approved the purchase of a storage tank and containment basin in the amount of $1,500 for the Paradise Park Pool; staff further recommends the cancellation ofEQ 06-122 to fund the purchase. B. Installation of new 600 AMP 120-208 volts three-phase service at Harbour Pointe- The Board approved the use of $7,000 from the Parks County Capital reserves to install a dedicated 600 AMP 120-208 volts three-phase service at Harbour Point. C. Request for approval to serve alcohol at Tradition Field Parking Lot area- The Board approved Martin Memorial Health Systems' request to serve alcohol during its annual company picnic on April 7 and 8, 2006 at the Tradition Field parking lot area. D. Boiler replacement at Tradition Field Minor League Complex- The Board approved the replacement of one of the boilers in the Minor League Complex at Tradition Field in the amount of $6,880 and authorized staff to retain the services of Brevard Boiler Company for the work. E. Release of retainage to Rodda Construction Company for the Picnic Pavilion- The Board approved the final payment and release of retainage to Rodda Construction Company in the amount of $3,548.24. F. Rodda Construction- The Board approved the release of 2.5% of the Rodda Contract retainage in the amount of $54,279.12 approve the 2 contract change order number one reflecting a credit of contingency and line items in the amount of $312,606 reducing the original contract amount to $2,137,811 and authorized the Chairman to sign. G. Purchase of a "6x8" shed for the Ft. Pierce Little League at Elks Park- The Board approved the purchase of one 6x8 utility shed in the amount of$1,215.00 (including anchoring) for the Ft. Pierce Little Leagues. 4. SOLID WASTE A. Staff request Board approve Final Pay to Southern Construction Systems, Inc. for repairs caused by Hurricane Wilma in the amount of $73,762.50- The Board approved the final pay in the amount of $73,762.50. B. Request Board approval to increase the Solid Waste Bailing & Recycling Cash Drawer and Cash Change Bag Fund from $1,000 to $1,300.- The Board approved the increase of the Solid Waste Bailing & Recycling Cash Drawer. C. Rebuild 8260 Compactor for a total cost of$364,916.08 - The Board approved the Equipment request EQ 06-258 and transfer of funds, and also approved Budget Amendment No. BA# 06-138 in the amount of $364,916.08 for the rebuilding of a 826G compactor. 5. PUBLIC SAFETY A. Special Needs Shelter- Authorize the Board of County Commissioners to approve Budget Resolution # 06-096 for the acceptance of the $2,500,000.00 grant award from the Department of Community Affairs, Division of Emergency Management to aid in the construction of a Special Needs Shelter- The Board approved Budget Resolution No. 06-096, authorized the Chairman to sign the Budget Resolution for the acceptance of the grant. B. Request to approve the purchase of a Proxim Tsunami Quickbridge 60 Wireless Outdoor Connectivity Bridge in the amount of $3,272.00 and approved Budget Amendment # 06-135. C. 9G-19 Grant-County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant Modification- The Board approved Modification to Agreement # 06BG-04-1 0-66-01-110 and authorized the Chairman signing the agreement and also approved Budget Resolution No. 06-102. 6. HUMAN RESOURCES April Adjustments- The Board approved the upgrades, title changes, one-time increases and part time to full time effective April 2, 2006. 7. PUBLIC WORKS A. Roml & Bridge Division- Approve Resolution No. RES 06-103 und Equipmcnt Rcqucst EQ 06-256 to purchase a 2006 Vibratory Plate Compactor from Rental Service Corporation for $1,933.68 for the Road and Bridge Maintenance Operations Section- The Board approved Resolution No. RES 06-103 and EQ 06-256. B. Engineering Division- Permission to advertise for proposals from qualified professionals to provide Traffic and Transportation Engineering Services under continuing contracts with St. Lucie County- The Board granted permission to advertise under the 3 limitations ofthe St. Lucie County Purchasing Manual and the Florida State Statute. 8. UTILITIES A. Approval of Change Order No.2 with Interstate Engineering Corp. for construction services related to the South Hutchinson Island Water Reclamation Biofilter Odor Control System project to extend the contract time by 66 days and an increase in the amount of$ 71,599.00 - The Board approved Change Order No.2 and the increase. B. Staff requested approval of the Standard Potable Water and Wastewater Development Agreement by and between S1. Lucie county and D.R. Horton Inc.. (Creekside) with bulk service from FPUA and approval of Budget Resolution No. 06-104- The Board approved the Agreement and Budget Resolution No. 06-104. 9. GROWTH MANAGEMENT Acceptance of the Ninth Amendment to the Clear Channel Outdoor, Inc.. Contract- The Board accepted the amendment for the extension of the 1997 Agreement with Clear Channel extending the contract to March 8, 2007. 10. CENTRAL SERVICES Change Order No.2 to Contract No. C05-12-636, David Brooks Enterprises, Inc.. construction of the New Clerk of Court Building- The Board approved Change Order No.2 to Contract No. C05-12-636 with David Brooks Enterprises for the construction of the New Clerk of Courts Building to make the following changes: 1. Increase the Owner Direct Purchase order Allowance an additional $1,000,000,00 for a total allowance of$ 1,800,000.00 deceasing the original contract amount from $11,063,000.00 to $10,063,000.00. 2. An amount of$12,540.00 to extend the Builder's Risk Insurance Coverage, will be paid for through direct purchase savings. The Board authorized the Chair to sign the Change order as prepared by the County Attorney. 11. INVESTMENT FOR THE FUTURE A. Bid waiver and sole source declaration to Willo Products Company, Inc., to update the electric door controls (locking devices) on the slider doors located at Rock Road Jail- The Board approved the bid waiver and sole source declaration to Willo Products company to update the slider doors at the Rock Road Jail at a cost of $1 07,617.00 and authorized the Chairman to sign the contract as prepare by the County Attorney. B. Approval to proceed with the following for the Pepper Park Grinder Pump Station Conversion by R.K. Contractors Inc..! Contract C04-08- 450 1. Change Order No.5 to Contract No. C04-08-450 IR.K. Contractors to decrease the contract sum $1,560.00 2. Final payment and release of retainage to R.K. Contractors - The Board approved Change Order No.5 to decrease the contract sum of $169,554.22 and final payment in he amount of $46,069.06 and released retainuigc in the amount $16,955.42 to R.K. Contrnctors and authorized the Chair to sig)) the change order as prepared by the County Attorney. 4 .~_. ~ ~'-'-"-~'--"-' - "~ '''-.'""'''--'-'_~'_''''_.~.....'' C. Approval to use Central Services Project Reserves in the amount of $5,975.00 for the purchase and installation of hurricane shutters for the Central Services building- The Board approved the use of Central Services Project Reserves in the amount of$5,975.00 for the purchase and installation of hurricane shutters for the Central Services building. D. Elks Park Damaged Buildings 1 and 2 Partial Demolition- The Board approved the use of $24,000 from the Investment for the Future to cover the cost of partial demolition of Buildings No.1 and 2 at Elks Park and approved the contract luse of dpc General Contractors, Inc. to provide demolition services. 12. PURCHASING A. Approval of Work Authorization No.1 to Contract No. C05-05-282 with GLE Associates for Architectural and Engineering Services for new offices, restrooms and concession building at the St. Lucie County Fairground Equestrian Arena for a total of $76,780.00 - The Board approved Work Authorization No.1 and authorized the Chairman to sign the Work Authorization as prepared by the County Attorney. B. Purchase Agreement with Office Products & Services, Inc. The Board approved the purchase agreement with Office Products & Services )representing The Hon/ Allsteel & Gunlocke Companies) through March 31, 2007 and authorized the Chairman to sign the agreement as prepared by the County Attorney. C. First Amendment to Contract C05-1 0-527 with Treasure Coast Lawns Inc. ror Median and Right of Way Maintenance an Mowing Services- The Board approved the First Amendment to Contract COS-I 0-527 which amends Paragraph 7 - Compensation no t to exceed amount of $150,000 per year (bid awarded for $125,372.19) and granted permission for the Chairman to sign the amendment as prepared by the County Attorney. D. Change Order No.1 to Contract COS-I0-516 for Preventive Maintenance Services for Cars and Pickup Trucks and Contract No. C04-09-49S for Car Washing with Steve Barnett Inc.- The Board approved the cancellation of Contract C05-1 0-516 and C04-09-495 and granted permission to advertise an invitation for bid for Maintenance Services for Cars and Pickup trucks and car and truck washing. E. Change Order No.1 to Contract C05-12-666 fot Airport Taxiway Echo Rehabilitation with Dickerson Florida Inc.- The Board approved Change Order No. 1 to the contract extending the contract time by 90 days with completion date of June 15,2006 and authorized the Chairman to sign the change order as prepared by the County Attorney. F. Change Order No. 1 to Contract COS-l 0-699 for Erosion Control at the Airport with Design Build Innovations - The Board approved Change Order No.1 to the contract which extends the contract time by 90 days with the completion date of June 24, 2006 and authorized the Chairman to sign the change order as prepared by the County Attorney. G. Award of Bid # 06-027- Rental of Generator for Special Needs Shelter- The Board approv~d awarding Bid # 0-027 to the lowest responsive and responsible: bidder, Pinnacle Central Company Inc., for I 5 ~"~ "..".,-', '...~,..,.,~ - ..._"....-----..,..".''''''''..,-~_......~-- ¡ ........,.......,.-~;.,._.,~.........,...._.,_.-,. ,",'--' a total amount of$13.230.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. H. Award ofRFP # 06-030- Radio Advertising Services- The Board approved the selection committee's recommendation to award RFP # 06-030 to the two top ranked radio stations, Clear Channel Radio Station for an amount not to exceed $150,000, WJFP Radio Station for an amount not to exceed $20,000 and authorized the Chairman to sign the contracts as prepared by the County Attorney. I. Third Amendment to Contract C03-08-520 for Architecture Services for the New Clerk of Court Office Building - The Board approved the Third Amendment to Contract C03-08-520 with Edlund, Dritenbas, Binkley Architects and Associates P.A. which extends the contract for an additional 90 days and authorized the Chairman to sign the Amendment as prepared by the County Attorney. J. Award of Bid # 06-031- Temporary Personnel Services (Non- Clerical)- The Board approved awarding Bid # 06-031 to the lowest responsive and responsible bidder Famoso, Inc., DBA Manpower, per the attached multiplying factors per hour, and authorized the Chairman to sign the contract as prepared by the County Attorney. K. Change Order No.2 to Contract C05-1 0-559 with Hennis Construction Co., The Board approved Change Order No.2 to Contract C05-10-559 to increase the contract sum in the amount of $4,691.00 and authorized the Chairman to sign the Amendment as prepared by the County Attorney. 13. COMMUNITY SERVICES A. Purchase of Two Computers for the Transportation Division- The Board approved the purchase of two computers for the Transportation Division EQ# 06-255 and Budget Amendment # 06-136. B. Resolution No. 06-106 to support the elimination of the cap on the Housing Trust Funds- The Board approved adopting Resolution No. 06-106 to support elimination of the cap on the Housing Trust Funds and authorized the Chairman to sign the necessary documents. C. Request for Board approval to apply for and accept the Rural Capital Assistance Support Grant- The Board approved authorizing staff to apply for the Rural Capital Assistance Support Grant and accept the grant if funded, and in addition authorized the Chairman to sign Resolution No. 06-108 and other documents associated with the grant application and grant contract. D. Staff request permission to amend current agreement- The Board granted permission to amend an agreement with Habitat for Humanity to include all funding sources for rehabilitation and authorized the Chairman to sign the necessary documents. 14. INFORMATION TECHNOLOGY A. Request Board approval for the purchase of a wireless network bridge to connect building at 210 Depot Drive to the S1. Lucie County Courthouse - The Board approved the purchase of the wireless network bridge for $3,551.17. 6 -".......'f"."..,,-,., .··.0 ..;" B. Re~uest board approval of the Presidio proposal (#421 OlB) to plan, desIgn and manage the structured voice data cabling project for the new Clerk of Court building. Under state contract # 973-561-04-2- The Board approved the request and approved the County Administrator signing the Presidio proposal #421 05JB for $16,700. REGULAR AGENDA 5. No Public Hearings 6. ADMINISTRATION (1-1205) Research and Educatio": A~thority- It .was moved by Com. Smith, seconded by Com. Craft to approve CommIssIoner Hutchmson as the liaison to the Research and Education Authority, and; upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY (1-1233) Treasure Coast Education, Research and Development Authority- Proposed Interlocal Agreement for Operating Funds- Consider staff recommendation to approve the proposed Interlocal Agreement with the Treasure Coast Education, Research and Development Authority and authorize the Chairman to sign. It was moved by Com. Hutchinson, seconded by Com. Craft to approve staff recommendation, and; upon roll call, motion carried unanimously. 8. COUNTY ATTORNEY (1-1269) Treasure Coast Education, Research and Development Authority- Proposed Lease Agreement- Consider staff recommendation that the Board of County Commissioners approve the proposed Lease Agreement with the Treasure Coast Education, Research and Development Authority and authorize the Chairman to sign the Lease Agreement. It was moved by Corn. Lewis, seconded by Com. Smith to approve staff recommendation, and; upon roll call, motion carried unanimously. 9. ADMINISTRATION (1-1386) Request for Hearing by Herbert Beeber to determine if the property at 495 S.B. Cork Road, Port St. Lucie, is subject to Alternative Collection Mechanism for the County's Public Building, Road and Parks Impact Fees- Consider staff recommendation that the Board confirm that 495 S.E. Cork Road is subject to the County's Public Building, Road and Parks Impact Fees. Mr. Beeber addressed the Board on this item. Staff addressed the Board and alluded to the memo dated March 23, 2006 to the Board stating Administration's determination was that an inequitable burden does not exist on Mr. Beeber's property. The Board advised Mr. Beeber his problem is something he needed to discuss with his builder. They also advised Mr. Beeber the County's rate would be increasing in the near future. Mr. Beeber requested an additional 30 days to submit his impact fees to the County so that he may contact the builder and discuss the problem. It was moved by Com. Smith, seconded by Com. Hutchinson to allow the additional 30 days as requested by Mr. Beeber to submit th~ impact fees with the 10% discount and the ¡ 7 "" v \¡ I 'I I I '"' IJ ..n . I ... I ~ . . '-., . . _ . 111 I MEMORANDUM 06-19 TO: Board of County Commissioners Ray Wazny, Assistant County Administrator ~. March 23, 2006 FROM: DATE: RE: Impact Fee Appeal - Herbert Beeber St. Lucie County ordinances provide for the County Administrator to adjust Impact Fees where an inequitable burden results under the alternative collection mechanism. A determination has been made by Administration that an inequitable burden does not exist on Mr. Beeber's property at 496 Cork Road based on the following: 1. Mr. Beeber signed the contract with Aburton Homes to construct his house at 495 Cork Road on July 27,2005. In Provision 28 of this contract, Mr. Beeber agrees to pay any changes to Impact Fees. A copy of the contract is attached. 2. Aburton Homes submitted the permit application to Port St. Lucie on October 28, 2005, and the permit was issued on December 27, 2005. Attached is detailed information concerning the permit. Had the contractor submitted the application prior to October 1 2005, Port St. Lucie Impact Fees in the amount of $2,939 would not have been required to be paid. Because Mr. Beeber was aware, through his contract, that he was required to pay any additional Impact Fees an inequitable burden does not exist. Additionally, had Aburton Homes submitted the permit application to Port St. Lucie before October 1, 2005, the additional Port St. Lucie Impact Fees would not have been assessed. RLVV/bjm 06-19 C: Douglas M. Anderson, County Administrator Dan Mcintyre, County Attorney Katherine Mackenzie-Smith, Assist~nt County Attorney ..~'C'.. '" < """..... I .. "'-/ :'-.,r . fees with remain set a today's current rate, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman / Clerk of the Circuit Court 8 MEMORANDUM DEPARTMENT OF CENTRAL SERVICES DATE: BOARD OF COUNTY COMMISSIONE~ }; \, V Roger A. Shinn, Director ¡f ~ I fJ; I April 4, 2006 ~ TO: FROM: SUBJECT: APPROVAL TO REALLOCATE IFF FUNDING IN THE COMBINED AMOUNT OF $80,000.00 ALLOWING STAFF TO PROCEED WITH PROJECTS IN NEED OF FUNDING. ****************************************************************************** BACKGROUND: To alleviate over crowding of County staff, the addition of office space at the 210 Depot Drive location and major renovation at the St. Lucie West Annex Bldg. needed to be done. Central Services was able to accomplish these jobs as well as others, however these additional expenses were unbudgeted and depleted our general maintenance fund. Staff is seeking permission to reallocate IFF funds budgeted FY 05-06 from the following projects: . IFF funds in the amount of $50,000 were budgeted to replace floor covering in the Veteran's Office. This project has been put on hold due to the relocation of staff. There are no current plans for this space and staff is seeking to reallocate these funds to Building Maintenance: FROM: 316-1931-546200-150067 (Maint. Improvement Projects) ($50,000.00) TO: 316-1930-546100-100 (Building Maintenance) ($50,000.00) . IFF funds were budgeted to replace the floor covering at Community Services Office Building; this was completed and came in under budget by $30,0000. Staff is seeking to reallocate these funds to Administration Building Maintenance and Maintenance Projects: FROM: 316-1931-546200-15019 (Maint. Improvement Projects) ($30,000.00) TO: 316-1925-546100-100 (Administration Building Maintenance) ($20,000.00) TO: 316-1931-546200-1526 (Maint. Improvement Projects) ($10,000.00) The reallocation ofthese funds will enable staff to proceed with projects in need offunding; this includes electrical upgrades at the Orange Blossom Business Center/Clerks Office at an estimated cost of $10,000 UDT Seal Museum at an estimated cost of $5,000 and renovation of the Administrators Conference Room located at the Roger Poitras Bldg. at an estimated cost of $8,000, as well as other building maintenance projects. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reallocation ofIFF funds in the combined amount of $80,000.00 authorizing staff to proceed with projects in need of funding; this includes electrical upgrades at the Orange Blossom Business Center/Clerks Office at an estimated cost of$10,000, UDT Seal Museum at an estimated cost of $5,000, and renovation of the Administrators Conference Room located at the Roger Poitras Bldg. at an estimated cost of $8,000, as well as other building maintenance projects. AGENDA REQUEST ITEM NO. 2ß DA TE: A~n I 1f, &OO~ REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 06-110 - Proclaiming the Month of April 2006 "Water Conservation Month" in St. Lucie County, Florida. BACKGROUND: Scott Eckler, LBFH, Inc., has requested that this Board proclaim the Month of April 2006 as "Water Conservation Month" in St. Lucie County, Florida. FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board adopt Resolution No. 06- 110 as drafted. L'~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ou las Anderson County Administrator COMMISSION ACTION: County Attorney: ;~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 " RESOLUTION NO. 06-110 A RESOLUTION PROCLAIMING THE MONTH OF APRIL 2006 AS "WATER CONSERV ATION MONTH" IN ST. LUCIE, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Water is a basic and essential need of every living creature. 2. St. Lucie County and the State of Florida have designated April, typically a dry month when water demands are most acute, Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources. 3. St. Lucie County has always encouraged and supported water conservation, through various educational programs and special events. 4. Every business, industry, school and citizen can make a difference when it comes to conserving water. 5. Every business, industry, school and citizen can help by saving water and thus promote a healthy economy and community. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of April 2006 as "WATER CONSERVATION MONTH" in St. Lucie County, Florida. 2. This Board urges the citizens and businesses of St. Lucie County to recognize the month of April 2006 as "WATER CONSERVATION MONTH" and to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. .. PASSED AND DULY ADOPTED this 4th day of April, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ... / " .. To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Agenda Request Item Number Date: SA 04/04/06 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ X ] Quasi-JD [ X ] Presented By E,?~ Growth Manag ment Director Consider the request of Maine Real Estate Holdings, LLC, for a Conditional Use Permit and Major Site Plan to operate a concrete manufacturing facility to be known as Midway Industrial Park, Lot 14 - Short Load Concrete Company in the IH (Industrial, Heavy) Zoning District for property located on the east side of South Jenkins Road, approximately 1,300 feet north of West Midway Road in Midway Industrial Park Phase III - Draft Resolution No. 06-047 Board of County Commissioners Growth Management Maine Real Estate Holdings, LLC, submitted an application for major site plan and conditional use approval for a 1 ,600 square foot office and three open storage bins on a 3.98 acre parcel with 1.55 acres remaining undeveloped. Concrete manufacturing facilities are allowed as conditional uses in the IH (Industrial, Heavy) Zoning District, subject to the approval of the Board of County Commissioners. (File No.: CU-05-010 and MNSP-05-021) N/A At the February 16, 2006, public hearing on this matter, the St. Lucie County Planning and Zoning Commission reviewed the proposed conditional use permit and with no further suggests or comments recommended approval, by a vote of 6-0 with three members (Mr. Lounds, Ms. Morgan, and Mr. Knapp) absent. Staff recommends approval of Draft Resolution No. 06-047, which would grant the request for a Conditional Use Permit and Major Site Plan to operate a concrete manufacturing facility to be known as Midway Industrial Park, Lot 14- Short Load Concrete Company in the IH (Industrial, Heavy) Zoning District subject to three limiting conditions. Approved 5-0 Motion to include provisions suggested by County Attorney in paragraph #1 of #5 of Resolution No. 05- 138. rY-1 COMMISSION ACTION: ~ APPROVED D DENIED c:=J OTHER County Attorney Originating Dept.: Finance: ----- Do las M. Anderson County Administrator w~ Coordination! Signatures Mgt. & Budget: ERD: Purchasing: Other: , ') COUNTY -... FLORIDA ~ GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: FROM: DATE: Board of County Commissioners Linda Pendarvis, Planner March 27, 2006 SUBJECT: Midway Industrial Park Lot 14 - Short Load Concrete Company - Transmittal Checklist for Plans Date Stamped July 1, 2005 On August 11, 2005, the application and associated documents submitted for the above subject project were transmitted to the following Departments, Divisions, and Agencies. All comments received on the project have been incorporated into the staff report leading to the final recommendation. Transmittal Master List Primary Distribution Environmental Resources Department - Amy Mott Public Works Surveyor - Ron Harris Road, Bridge, & Transportation - Scott Herring Stonnwater Management- Chris Lestrange General Engineering - Kyle Croce Zoning Supervisor - Paula Bushby Attorney Prop Acquisition - JoAnn Riley Sheriff s Department - Major Monahan St Lucie County Fire District - Captain Derek Foxx Ft Pierce Farms/North St Lucie Water Control District - Ray Garcia Property Appraiser's Office - Maurice Snyder Geographical Based City ofFt Pierce - Beach/Recor (Transmitted by Gil Backenstoss) Ft Pierce Utilities Authority - David Mellert .. - .~ 32 (,) () ..c Ü >- ~c -r-CO _c- O E ..Jo ~Ü L- co a> a..ã) - L- co (,) ï:: C -0 ~Ü "'C"'C C CO -0 ~..J COt ~O "- ..c ~(/) L- a> - en CO ~ CO ~ E en C CO L- I- C CO a.. a> ~ Cf"J L- o "ar ~ i:š a> '--' e a.. * * -0 <1)\0 .~ 0 <1)-- ur- ~~><: * \0 .....0 =M ~Ñ><: * * -0 <I) Vi .~ 0 8~ ~~><: Vi * Q =~ ~~><: * * -0 <I) Vi .~ 0 S:::t <1)- ~Õ\ Vi * Q 1::::: ~èO><: = .9 ..... =' ,.e t; is .§ p.. = ~ '" p. <I) o en <I) ~ C en ~ ~ ~ c .= ð ~ ... c >- cu ~ tIJ ~ -E g cu ~ .~ :g p.. ><: ><: ><: ><: ><: ><: ><: ><: = c .~ c r E-< ~ Ô ~ .¡:: ~ .¿ '" c ~ ><: ><: ><: = ë cu 01) '" = '" ::E ... cu 1;j § c ..... tIJ ><: ><: ><: ><: ><: 01) = .¡:: cu cu = .~ ~ ><: cu .~ 1- c u cu -0 C U en = .9 .<;: en 'g. u <: >-£ ë g, c c ~ ... <:p.. ~ c U ><: ><: ><: ><: ><: ><: :><: CIJ u !+:: <.¡...¡ o en &:: .¡: cu ..c tIJ Þ = =' c U CIJ 'õ =' ..:I .... tIJ ><: ><: ><: ..... u '.8 en is cu .= ~ ~ c U cu 'õ =' ..:I ..... tIJ ><: ><: '" 'õ :; c.:¡ & I ..... u '.8 en is ... cu ..... '" ~ ... <I) > P2 cu 'g ..:I .... tIJ "€ o z -0 cu en '" ~ (;j u :E '" ... o <I) c.:¡ ><: ,-.. cu 1;j "0 o ..... "0 <I) > 'u u cu ... en = ~ o u 8 .¿ o o ~ M N -- N cu u ... cu P: 1:: o ~ ...... o Þ Û o ..... = 11) en X ><: þ .¡:: o ..c ~ <: ~ ;5 cu u ... QJ P: 1:: o ~ cu u ... QJ P: 1:: c ~ ...... c Þ Û ~ .~ ]: -dB ~-o .= ~ 5i 'ë! ; ì!:! J: '" en J: '" 11) ~ ... QJ ~ ~ .= en == ~~ ~ 8 p...... B ß .~ € -5[ =~ ~] [B QJ '" -0-0 ]] "'E-< QJ I ~ QJ 15* I * ~. 13 -0 > ß ~'u QJ = g ..:I~~ " Commission Review: 04/04/2006 File Number CU-05-010 and MJSP-05-021 MEMORANDUM DEPARTMENT OF GROWTH MANAGEMENT TO: Board of County Commissioners FROM: Growth Management Director DATE: March 29, 2006 LOCATION: Application of Maine Real Estate Holdings, LLC for a Conditional Use Permit and Major Site Plan to allow the operation of a concrete manufacturing facility in the IH (Industrial, Heavy) Zoning District. East side of South Jenkins Road, approximately 1,300 feet north of West Midway Road in the Midway Industrial Park, Phase III - Lot 14. SUBJECT: ZONING DESIGNATION: IH (Industrial, Heavy) LAND USE DESIGNATION: IND (Industrial) PARCEL SIZE: 3.98 acres PROPOSED USE: Concrete Manufacturing Facility SURROUNDING ZONING: IH (Industrial, Heavy) Zoning District to the north, south, east, and west. SURROUNDING LAND USES: The existing industrial land uses surrounding the subject property include such businesses as Matt Stone Holdings, Inc., US Filter Recovery Service, Inc. Cast-Crete, and Rinker Materials. The existing land use to the southeast of the subject property is the United States Post Office, New Horizons of the Treasure Coast, and St. Lucie County's Sheriffs Office. FIRE/EMS PROTECTION: Station #6 (350 Midway Road) is located approximately 4 miles to the east. UTILITY SERVICE: Water and wastewater service is provided by the Fort. Pierce Utilities Authority. " March 29, 2006 Page 2 Subject: Maine Real Estates Holdings, LLC File No.: CU-05-010 and MJSP-05-021 TRANSPORTATION IMPACTS RIGHT -OF-WAY ADEQUACY: The existing right-of-way for South Jenkins Road is 120 feet and the existing right-of way for Post Office Road is 80 feet. SCHEDULED IMPROVEMENTS: None at this time. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. ***************************************************** STANDARDS OF REVIEW AS SET FORTH IN SECTIONT 11.02.07 AND SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed conditional use and site plan is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03(U)(7), IH (Industrial, Heavy) Zoning District, allows the operation of a concrete manufacturing facility as a conditional use, subject to Board of County Commission approval. The conditional use and the proposed development site plan is consistent with the general purpose, goals, objectives and standards of this Code, the St. Luce County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. Prior to issuing a building permit, the condition of approval for Midway Industrial Park Phase III will need to be addressed. These conditions shall address the cost of signalization at the West Midway Road and South Jenkins Road intersection and the turn lane improvements at West Midway Road and Selvitz Road March 29, 2006 Subject: Maine Real Estates Holdings, LLC Page 3 File No.: CU-05-010 and MJSP-05-021 2. Whether and the extent to which the proposed conditional use and site plan would have an adverse impact on nearby properties; The proposed conditional use and site plan are not expected to adversely impact the surrounding properties. The proposed site is located within an area zoned for heavy industrial uses. 3. Whether and the extent to which the proposed conditional use and site plan will be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use and site plan is not expected to create significant additional demands on any public facilities in this area. The proposed property will receive water and wastewater service through the Fort Pierce Utilities Authority. 4. Whether and the extent to which the proposed conditional use and site plan would result in significant adverse impacts on the natural environment; The proposed conditional use and site plan is not anticipated to create adverse impacts on the natural environment. COMMENTS The applicant, Maine Real Estate Holdings, LLC, has applied for the requested conditional use in order to allow the operation of a concrete manufacturing facility and a major site plan approval for property located on the east side of South Jenkins Road approximately 1,300 feet north of West Midway Road in the Midway Industrial Park Phase III in the IH (Industrial, Heavy) Zoning District. The activity is allowed as a conditional use in this zoning district upon the approval of the Board of County Commissioners. The operation will consist of combining materials in a concrete mixer truck and creating concrete on its route to the job site. At the February 16, 2006, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 6-0 with three members (Mr. Lounds, Ms. Morgan, and Mr. Knapp) absent recommended approval of the requested conditional use permit. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. March 29, 2006 Page 4 Subject: Maine Real Estates Holdings, LLC File No.: CU-05-010 and MJSP-05-021 Attached is a copy of Draft Resolution No. 06-047, which, if approved, would grant the Conditional Use Permit and Major Site Plan approval to allow the operation of a concrete manufacturing facility to be known as Midway Industrial Park, Lot 14 - Short Load Concrete Company, subject to the following conditions: 1. Consistent with Conditions 4 and 5 of Midway Industrial Park Phase III Resolution No. 01-138 and since this project will be the first, if approved, to apply for building permit the developer shall post a letter of credit or other form of security acceptable to the St. Lucie County Attorney, in the amount of $87,500 of the cost to provide for the signalization of the intersection of South Jenkins Road and West Midway Road prior to issuing a building permit. Also, no building permit for any portion of the Midway Industrial Park, Phase III may be issued until contracts have been let for the construction of dedicated left turn lanes (north, south, east, and west) at the intersection of West Midway Road and Selvitz Road. No Certificates of Occupancy shall be issued for any portion of the Midway Industrial Park until the construction of these turn lanes have been completed. 2. No Permits including vegetation removal permit shall be granted prior to applicant providing "Tree Mitigation Exhibit" satisfying the Environmental Resource Department:. 3. No Building Permit shall be issued until the Environmental Resource Department has received, reviewed and approved a landscape plan. Please contact this office if you have any questions on this matter. SUBMITTED: J\~/ -7' Robert Nix Growth Management Director Attachment lap cc: Maine Real Estate Holdings, LLC CAPTEC Engineering, Inc. File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION NO. 06-047 FILE NO.: CU-oS-o10/MJSP-oS-o21 A RESOLUTION GRANTING MAJOR SITE PLAN AND CONDITIONAL USE PERMIT APPROVAL TO ALLOW THE OPERATION OF A CONCRETE MANUFACTURING FACILITY TO BE KNOWN AS MIDWAY INDUSTRIAL PARK, LOT 14 - SHORT LOAD CONCRETE COMPANY, IN THE IH (INDUSTRIAL, HEAVY) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: CONDITIONAL USE PERMIT 1. Maine Real Estate Holdinas. LLC. presented a petition for a Conditional Use Permit to allow the operation of a concrete manufacturing facility to be known as Midway Industrial Park, Lot 14 - Short Load Concrete Company in the IH (Industrial, Heavy) Zoning District, depicted on the attached maps as Exhibit "A" and described in Part "A" below. 2. On February 16, 2006, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve a conditional use permit to allow the operation of a concrete manufacturing facility in the IH (Industrial, Heavy) Zoning District for the property depicted on the attached Maps and described in Part B below. 3. On April 4, 2006, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. .4. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 5. The proposed conditional use will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. File No.: CU-05-010/MJSP-05-021 April 4. 2006 Resolution No. 06-047 Page 1 1 2 6. 3 4 5 7. 6 7 8 9 8. 10 11 12 13 14 15 16 9. 17 18 19 20 21 22 23 24 10. 25 26 27 28 29 11. 30 31 32 33 12. 34 35 36 37 13. 38 39 40 41 14. 42 43 44 45 15. 46 The proposed conditional use will be serviced by adequate public facilities and services. Before a Development Order is issued a Certificate of Capacity will be attached to this resolution, as required under Chapter V, St. Lucie Land Development Code, granted by the Growth Management Director. Section 11.07 .05(B) of the St. Lucie County Land Development Code requires that all applications for Conditional Use Permit approval include a full site plan if the proposed use or development activity meets the submission requirements of Section 11.02.02 of the St. Lucie County Land Development Code. SITE PLAN Maine Real Estate Holdings, LLC, has applied for major site plan approval for the project to be known as Midway Industrial Park, Lot 14 - Short Load Concrete Company consisting of 1,600 square feet of office and three open storage bins for storage of sand and rock on property located on the east side of South Jenkins Road, approximately 1,300 feet north of West Midway Road in the Midway Industrial Park Phase III in the IH (Industrial, Heavy) Zoning District for the property described in Part B The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements of the St. Lucie County Land Development Code and to be consistent with the future land use maps from the St. Lucie County Comprehensive Plan. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The proposed project will be served by adequate public facilities and services. File No.: CU-05-010/MJSP-05-021 April 4, 2006 Resolution No. 06-047 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 16. The applicant has applied for and will receive a certificate of capacity, a copy of which will be attached to this resolution as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code and recorded in the public records of St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: CONDITIONAL USE PERMIT A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for Maine Real Estate Holdings, LLC to allow the operation of a concrete manufacturing facility to be known as Midway Industrial Park, Lot 14 - Short Load Concrete Company in the IH (Industrial, Heavy) Zoning District, is hereby granted for the property described below, BEING ALL OF LOT 14, ACCORDING TO MIDWAY INDUSTRIAL PARK-PHASE II-SOUTH, AS RECORDED IN PLAT BOOK 45, PAGES 40 AND 41 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA (Tax ID#: 3406-502-0009-000/9) (Location: East side of South Jenkins Road, approximately 1,300 feet north of West Midway Road in Midway Industrial Park Phase III) SITE PLAN B. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for the project known as Midway Industrial Park, Lot 14 - Short Load Concrete Company, is hereby approved as shown on the site plan drawings for the project prepared by CAPTEC Engineering, Inc. dated January 20,2006, and date stamped received by the St. Lucie County Growth Management Director on January 24, 2006, for the property described below, subject to the following conditions: 1. Consistent with Conditions 4 and 5 of Midway Industrial Park Phase III Resolution No. 01-138 and since this project will be the first, if approved, to apply for building permit the developer shall post a letter of credit or other form of security acceptable to the St. Lucie County Attorney, in the amount of $87,500 of the cost to provide for the signalization of the intersection of South Jenkins Road and West Midway Road prior to issuing a building permit. Also, no building permit for any portion of the Midway Industrial Park, Phase III may be issued until contracts have been let for the construction of dedicated left turn lanes (north, south, east, and west) at the intersection of West Midway Road and Selvitz Road. No Certificates of Occupancy shall be issued for any portion of the Midway Industrial Park until the construction of these turn lanes have been completed. File No.: CU-05-010/MJSP-OS-021 April 4, 2006 Resolution No. 06-047 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 C. 17 18 19 20 21 D. 22 23 24 25 26 27 28 E. 29 30 31 32 33 F. 34 35 36 37 G. 38 39 40 41 2. No Permits including vegetation removal permit shall be granted prior to applicant providing "Tree Mitigation Exhibit" satisfying the Environmental Resource Department.:. 3. No Building Permit shall be issued until the Environmental Resource Department has received, reviewed and approved a landscape plan. BEING ALL OF LOT 14, ACCORDING TO MIDWAY INDUSTRIAL PARK-PHASE 11- SOUTH, AS RECORDED IN PLAT BOOK 45, PAGES 40 AND 41 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA (Tax ID#: 3406-502-0009-000/9) (Location: East side of South Jenkins Road, approximately 1,300 feet north of West Midway Road in Midway Industrial Park Phase III ) The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on April 4, 2007, unless building permits have been issued or an extension in accordance with Section 11.07 .05(F) of the St. Lucie County Land Development Code has been granted. The Major Site Plan/Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Maine Real Estate Holdings, LLC., including any successors in interest, shall obtain all necessary permits and authorizations from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. The St. Lucie County Growth Management Director is hereby authorized to issue a Development Order of this project upon completion of said order and S1. Lucie County Land Development Code. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. File No.: CU-05-010/MJSP-05-021 April 4, 2006 Resolution No. 06-047 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 After motion and second, the vote on this resolution was as follows: Chairman Doug Coward xxx XXX XXX XXX XXX Vice-Chairman Chris Craft Commissioner Frannie Hutchinson Commissioner Paula A. Lewis Commissioner Joseph E. Smith PASSED AND DULY ADOPTED This 4th Day of April 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney lap H:\WORD\PLANNING\Short Load Company\Midway Ind Pk Lot 14 - Short Load Company RES. doc File No.: CU-05-010/MJSP-05-021 April 4, 2006 Resolution No. 06-047 Page 5 1 2 3 4 Exhibit A 5 6 7 Maps 8 9 · General Location Map · Area Subject to the Conditional Use Permit Approval · Certificate of Capacity 10 11 12 13 14 15 16 17 File No.: CU-05-010/MJSP-05-021 April 4, 2006 Resolution No. 06-047 Page 6 ~ ~ :!: I» a ::I o o C ::I .:< Okeechobee County Line * ~ i f e-M c_ ..... .. ~ . ~ n . i ~ .... c.. Rd , ~ ! aim RNd 1 ¥\J ~ ~, ~ ~ ~ "' ~ ~ NI ... 1;C,Šj1 ~!.r' "'1 9,>0 ùß ~.z tT1 <- I» ::J C III -< I\) .(J'I I\) 8 m I: f N s- o. ii. ::I ;0 <" ~ o g ~ () C o C11 I o ....Jo. o s:: ä: en=: ::::rm 0'< ;+::J ra. o c 0) en a.!:f () Õ)' 0"'0 3m '0-' 0)" ::Jr '<0 ..... ....Jo. ~ A petition of Midway Industrial Park Lot 14/Short Load Company for a Conditional Use to allow the operation of a concrete manufacturing facility a: c ~ :J Z C) ~. _'. __, .m___···__·____··m CU 05-010 ~ ~~_~ m W ~ o D... a: o u ..----..-"'. .-.-..,~..._.-.-. --. -'-~-- c a: en z ::2 z w ., en c a: w º II.. II.. o t; o D... W MIDWAY RD ~ Subject property City of Port St. Lucie /C- j /; .;...~ .'?-i!: .../_t.-t,;';:'·¡"'C ¿'·Ot.t;H-.£.-"~l . _~ ./ ~,--~ firnwtlÎ :Management lJ'!Partme1lT N Â Map prepared January 25, 2006 Midway Industndl Park Lot 14/ Shon Load Company Zoning u IH 0:: o ::E :) z ø <I: ::E o 0:: en z 52 z w ...., en o 0:: W U ü: u.. o ~ o a.. 0:: ·0 0::. w z :::! ::E z W MIDWAY RD CU 05-010 ~ Subject property City of Port St. Lucie 5è ~"IVW a,~~.~. {jri1"W/1í .ManD(lenJnr/ ZJepar/mtm/ N A Map prepared January 25, 2006 Midway Industrial Park Lot 14/ Short Load Company Land Use T/U RS 0:: o :E ;:) z C!) c( :E P/F o 0:: en z ~ z w -, en o 0:: w () ¡¡: u. o t; o c.. 0:: o 0:: W Z ..J. ~ z W MIDWAY RD CU 05-010 ~ Subject property City of Port St. Lucie 5è./'."v-w 6o~'.~. {jrtrWl/i .Mana¡¡nnenl Department N A Map prepared January 25, 2006 Midway Industrial Park Lot 14/ Short Load Company CU 05-010 Subject property City of Port St. Lucie N A f?nrwÜi .'Ml¥1u~qrfnftnt Map prepared January 25, 2006 Midway Industrial Park Lot 14/ Short Load Company MAGNUM DR , # # # , , # # , , I I , , , · 4.90 · · · 1.87 ~ ~ ~ ~ ~ , , , · 2.38 · · I · · · 0.50 · · · , , , , I I I , , , , # # , # , ..' .. 3.90 6.49 ...---------- ..-- 0.48 , .. .. ----- c a: en z S2 z w ..... en c a: w u ü: II.. o I- en o Q. a: c a: w ..:.........;..,.....;: ··-':·.'::.:':·i:·'·3:.:·:": W MIDWAY RD .' . ., . <NSl;R\NMô:Þänaftu;);,1()3: ......... ~ Subject property ;' - - -: 500' buffer ,---- City of Port St. Lucie ¿'""'.;- ./ . /' ~ ~_)it;.. ,/_/"l¡':;~t-e- {/ÚZ·"'-:H.Zij - ~k_ ¡/ ~,---=-' f/ruw/"Ii .Management VeparLment N A CU 05-010 Map prepared January 25, 2006 BOARD OF COUNTY COMMISSIONERS March 17, 2006 '.~=r' .·"~'·eJ' '·e···~ ·I·E· ~...'.~.:.....~'o'" COUNTY Þ' F LOR I D A ' ~~~,~, GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that Maine Real Estate Holdings, LLC has petitioned St. Lucie County for a Conditional Use Permit to allow the operation of a concrete manufacturing facility in the IH (Industrial, Heavy) Zoning District for the following described property: Location: East side of South Jenkins Road, approximately 1,300 feet north of West Midway Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The second public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on AprD 4, 2006, County Commissioner's Chambers, St. Lucie County Administration BuDding Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s). We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-2822 if you have any questions, and refer to: File Number: CU-05-010. Sincerely, ~. LUCIE COUN. TY DO. ARD OF COUNTY COMMISSIONERS .ù~~~ ~ Doug Coward, Chairman JOSE¡:'H E. SMITH, Disttict 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 - Douglos M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISlTechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fox: (772) 462-1581 Tourist Development: (772) 462-1529 · Fox: (772) 462-2132 www.co.st-Iucie.fl.us u. !!:L INDUSTRIAL. HEAVY 1. Purpose The purpose of this district is to provide an environment suitable for heavy manufacturing and other activities that may impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area together with such other non-residential uses as may be necessarY to and compatible with heavy industrial surroundings. The number in M()M following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses Any use permitted in the Industrial Light (IL) zoning district: a. Agricultural services (07) b. Construction services: (1) Building construction - general contractor (15) (2) Other construction - general contractors (16) (3) Construction - special trade contractors (17) c. Docks and boathouses (private). (999 d. Engineering services (871) e. Manufacturing: (1) Food & kindred products (20) (2) Tobacco products (21) (3) Textile mill products (22) (4) Apparel and other finished products (23) (5) Lumber and wood products, except furniture (24) (6) Furniture and fixtures (25) (7) Printing and publishing and allied industries (27) (8) Chemicals & allied products: (a) Drugs (283) (b) Soap, detergents and cleaning preparations; perfumes, cosmetics and other toilet preparations (284) (c) Agricultural chemicals (287) (9) Rubber & misc. plastic products (30) (10) Leather & leather products (31) (11) Glass (a) .' Flat glass (321) (6) Glass & glassware - pressed or blown (322) (c) Glass products - made of purchased glass (323) (12) Fabricated metal products (except ammunition and ordnance) (34) (13) IndustriaVcommercial machinery & computer equipment. (35) (14) Electronic & other electrical equipment and components, except computer equipment. (36) (15) Transportation equipment (37) (16) Measuring, analyzing and controlling instruments (38) (17) Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (391) (b) Musical instruments and parts. (393) (c) Dolls, toys, games & sporting goods (394) (d) Pens, pencils & other office & artists' materials. (395) Sl lucie CounI)' Land Development Code Adopted Auguslt. 1990 3-36 . Revised Through 05115104 f. g. h. i. j. k. I. m. n. o. s. p. (e) Costume jewelry, costume novelties, and notions. (396) (f) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3995) (i) Manufacturing industries, NIC. (3999) (18) Paper and allied products: (a) Paperboard containers & boxes (265)' (b) Converted paper & paperboard products (267) Local & suburban transit (41) Water transportation. (44) Transportation services. (47) Communications. (48) Motor freight transportation & warehousing. (42) Motion pictures. (78) Membership organizations (86) Personal & business services. (72) Research, development, and testing services. (873) Repair services: (1) Automotive & automotive parking (75) (2) Electrical (762) (3) Watch, clock & jewelry repair (763) (4) Reupholstery & furniture repair (764) (5) Misc. repairs & services (769) Retail trade: (1) Lumber & other building materials (521) (2) Paint, glass & wallpaper (523) (3) Hardware (525) (4) Nurseries, lawn & garden supplies (526) (5) Mobile home dealers (527) (6) AutomotivelboaVRV/motorcycle dealers (55) (7) Gasoline service (55) (8) Furniture & furnishings (57) Telecommunication towers - subject to the standards of Section 7.10.23 (999) Wholesale trade - durable goods: ' (1) Motor vehicle and automotive equipment. (501) (2) Furniture and home furnishings. (502) (3) Lumber and other building materials. (503) (4) Professional & commercial equipmenVsupplies. (504) (5) Metals & minerals, except petroleum. (505) (6) Electrical goods. (506) (7) Hardware, plumbing and heating equipment, and supplies. (507) (8) Machinery, equipment, and supplies. (508) (9) Misc. Durable goods: (a) Sporting and recreational goods (509') (b) Toys & hobby goods (5092) (c) Jewelry, watches, precious stones & metals. (5094) (d) Durable goods NEC (5099) Wholesale trade - nondurable goods: (1) Paper and paper products. (511) (2) Drugs (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (514) q. r. .,. ... ..... County Land Døvelopmer4 Code . AdaI*ÍI August " 1990 3- 37 Revised nvøugh 0SI'5J04 (5) Farm products - raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. Nondurable Goods: (a) Farm supplies (5191) (b) Books, periodicals, & newspapers (5192) (c) Flowers, nursery stock & florists' supplies (5193) (d) Tobacco/tobacco products (5194) (e) Paints, varnishes & supplies,(5198) (f) Nondurable goods, NEC (5199) t. Mobile food vendors (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Offstreet Parking and Loading Requirements Offstreet parking and loading requirements are subject to Section 7.06.00. . 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Airport, landing and takeoff fields - general aviation. (4581) b. Manufacturing: (1) Paper & allied products (26) (2) Chemicals & allied products (28) (3) Petroleum refining & related products (29) (4) Stone, clay, glass & concrete products (32) (5) Primary metal industries (33) (6) Ammunition & ordinance (348) c. Natural or manufactured gas storage and distribution points. (492) d. Scrap, waste and land clearing and yard trash recycling operations - subject to the provisions of Section 7.10.12. e Warehousing and storage services - stockyards. (999) f. Wholesale trade - nondurable goods: (1) Petroleum & petroleum products (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: . a. Co-generation facilities. (999) St. Lucie COIGy Land Development Code Adop1ød August 1. 1990 3- 38 . RlIVised ThrOugh 05/15104 b. Fueling facilities. (999) c. Industrial wastewater disposal. (999) d. One detached single-family dwelling or mobile home, for on-site security purposes per property. (999) e. Retail: (1) Bottled gas. (999) (2) Fuel oil. (999) (3) Gasoline service stations. (999) (4) Retail trade accessory to the primary manufacturing or wholesaling use. (999) .. SL LucIe CounIy land Devølopmenl Code AIÍDpiId August 1, 1990 3-39 . Revised Through 05I151ô4 >- c CU 0. E o U 'CCD CUO 00 ...IN 't:cD ON ..c~ cncu - :J V C .... CU ...."") o . ...J'" CII - III of .!!! CU ... Il.o. _0. .!!!< ~~ -5!. C 0 >.a: ; E 'CO ¡-= 'C ... CII S '¡: .... 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(A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as part of the record). AGENDA ,.~ :", '( ~;). ~'V~, .¡\ CALL TO ORDER: 'Ú,/ ßS~2')f-),~~,. ,'Ç~f~:¡Ø';: f'·' , Chainnan Hearn called ~p~,ðfaer.ij1elpteeting of th~~$t. Lucie County Planning and Zoning Commission and loca "ft, ing ag~" y at 6:00 PM~t \',}.. -~:~.::~~p~ , MEMBERS PRESENTi;'~;V~, Chainnan- Bill Hearn, Vice Chainnan- Ramon Trias, Pamela Hper, è( " Susan Caron, Charles Grande'\;;,< MEMBERS ABSENT: Ed Lounds, Stephanie Morgan, John Knapp ,";' many'" mes speakers come from the audience to the microphone to lete the infonnation fonn indicating his or her name, agenda item ake the secretary's Job a little easier. ad met with the developer and their staff of Grande Beach. Chainnan Hearn annoúnced that items 6 & 7, Grande Beach Future Land Use Amendment and Planned Mixed Use Development, are pulled ITom the agenda. He asked if anyone would like to speak tonight who cannot attend when the meeting to discuss these items is rescheduled. Agenda Item 1 - Meeting Minutes from January 19.2006: Chainnan Hearn announced the agenda item for the approval of the minutes. He asked if there are any corrections or additions. 1 Ms. Caron stated that she had some corrections. Chainnan Hearn asked the board if they would delay the approval of those minutes until next month. The minutes were received very late and the board members may have not had time to review them. The members agreed to delay adoption until the next meeting. Agenda Item 2: Maine Real Estate Holdings. LLC: Ms. Linda Pendarvis, Planner, introduced the items as follows: - Maine ~~al Estate Holdings, LLC request approval for conditional use pennit to allow the operation of aç9h~fetç manufacturing facility for the property located on the east side of South J enkins Ro~~pproximately 1300 ft north ?fWes~ Midway Road in the.Mid~~y Industrial Park Phase 3. T.1Ì~Ó'~dist~ct is ~eavy mdustnal. Staff finds that thIS petItIon meets the standards ofr . . ew set¿r.~m sectIon 11.07.03 of the St. Lucie County Land Development code, and it is no~/~orît}.ict wit~": , objectives and policies of the St. Lucie County Comprehensive Plan. S,W"reê"ðmmends that"'¡ . .,,>~tition be forwarded to the Board of County Commissioners wiP¡;â recomIP.endation ofappal. ,,4 '\:"'. . . ,. ,......J! Chainnan Hearn asked if there are any questions 0'[ sta . (no ··"th~applicant or qis:" representative here tonight? Please state your name and a "$" , "I.' ... ' Joe Capra, representing the applicants, stat~ ... ~! he has no obje staff. He would be happy to answer any qutešti " \'t" ' \~~\ >. .,;;'^" Chai:man ~earn announced he would open thèg~bl~ç,;,. ; !!~~;~~~fPg no speakers, he closed the publIc heanng and came baG. .t.þe board for d~!}.Þ9ratIon.·f;".' ~4~~ ·'t:~/:· t.; Chainnan Hearn anng\. "~ed that ammer just~ved at this time in the meeting. ),1.' for questib s, comments or a motion. :fl' of is intensity were located west of the Turnpike. f~' ''Of the turnpike and con finned for Mr. Grande that this ere are other comments or questions, he would entertain a motion. .. 0 approve. After considering the testimony presented during the public hearing inc1udin. aff comments and the standards of review as set forth in Section 11.07.03 St Lucie County Land 'Ùevelopment Code, I hereby move that the Planning and Zoning Commission recommend that the St Lucie County Board of County Commissioners grant approval to the application of Maine Real Estate Holdings, LLC for a Conditional Use Pennit to allow for the operation of a concrete manufacturing facility in the IH industrial heavy zoning district because it meets the goals, objectives and policies of the St Lucie County comprehensive plan. Mr. Trias seconded the motion. 2 Chainnan Hearn asked the secretary to call the role. Mr. Trias - Yes Mr. Mundt- yes Ms. Caron - yes Ms. Hammer - yes Mr. Hearn - yes Mr. Grande - yes .,:R~.~'". Chainnan Hearn stated that the petition will be forwarded to the Boarqq'fCBl.ij1ty Commissioners with a recommendation of approval. i't.-' Agenda Item 3: Finlav Development. LLC: ,.~~~t,~. Larry Szynkowski, Senior Planner introduced the item ~~/Ó11(j~s: This application is from Finlay Development, LLC f4 "",",' hange in Future Landesignation from Industrial to Residential Medium with a maxim. . f 9 dwdìij'I1g units per acr "~"v·'tion is 300 ft s~uth ?f.Sam's Club Wholesale Cent:r w.hich is 0 ,~;".~i.wS!~jsid,~ofl!S One. J'ô"'giv~ more. perspective, It IS north of Lebanon Road wh1ch 1S also Nort~-rumbhn Klmg Road. The mdustnal area has had that designation for sometim.e and what has occd"":' . s that other areas to the north have become commercial within the city ~Ji ers to the south" ,'< 'west have become residential. There is other commercial to the south east't.1iaf1." 1"S on US On ,\Ws 4.31 acres actually has been isolated and looking at the zoning it ap~rsf ated or s "lone but going back historically it was pa~ of a large ~ndust~al areá\~he,.~",¡, dŠ to change the zoning to .an RM-9 therefore allowmg 9,~~ g umts per a~~~d there 1 '~> another lot south of that w1th intended zoning that is o~r~'llf nsity ofRM~t). These lotI combined with another lot is intended to have 215. é" i Ie fam > wellin s. 1\~ site is within the Ft. Pierce utility area and is also in the urban serVlc;t' , . The ,,"f feels that it i~\'f(9J1sistent with the regional policies, state policies and comprehensi the coun,tÿ comprehensive plan. The recommendation for this indiv~4~.~~ª,}s to 1) -1fd of Commissioners so that the particular lot ...,cK'"">.i·" _ :?~~ .: ~:,.,ýt:~:w<:.¡,. and parcel" àtfbë'ch ,'" to an fResiden 1al Medium. Cha:' ..t~ Mr. Grande' :~ that a Futu .' and Use change and two zoning changes and those three in total do not make upft :.' ntirety ore proposed or suggested development. He stated looking at the remaining parcels uessipg that they are to the East with the frontage on Rt. One and that they are already in the cit ~rther stated that this is a development that is going into the city virtually immediately a "f' e would like to get some kind of explanation as to why these applications are being brought to this board as well as a sense of the entirety of what is being presented. Mr. Szynkowski referred to the gentleman at the podium, Dennis Murphy, for a reply. Dennis Murphy, Sr. Project Manager, Culpepper & Terpening, Inc., Ft. Pierce, representing the Finlay Development Company, LLC on a series of petitions, specifically Items 3, 4 and 5 on tonight's agenda stated they are all related to each other. He requested the image be put on the overhead. In response to Mr. Grande's question regarding the parcels being partially in and partially 3 out of the city ofFt. Pierce. The first one is receiving a change of Land Use from Industrial IND to Residential Medium RM. Referring to the overhead he stated the RH piece is the one they are seeking a change in zoning from RM-ll to RM-15 which is consistent with the land use density pennitted in that category. It is also concurrent with the land use plan change from the industrial piece we are seeking a change from industrial light designation property right now zoning category to the RM-9 maximum zoning destination pennitting within the RM land use category. There is also one piece of property in the City of Ft. Pierce Mr. Murphy further stated the total land holdings consist of that little pie9~¡,~fthe panhandle or the pot shaped parcel that is white on the map which is in the City ofFt. p' . '·'ê:'an.p is immediately south of the Sam's Club property. The white building at the top of ".' age is Sam's Club. The piece that is tagged IND (yellowish color) is the one that can be ~~b ,(,as having the portable sign. T~e piece that is im~ediate.ly south to that and the piece~ ~i~ligh '~~9~ the overhead are those pieces that a change In zonmg and a change of land ~.~',A~ 6~ng sough,' r. Murphy requested to address briefly items 3, 4 and 5 in their enti<~FfŸ. ..,~... jitv' Mr. Murphy stated the first petition tonight is to sc;, . .. ..ange orland use on the i ,,>.,,'àl parcel. The parcels that were immediately north of this wère oríèi1;' ly ~Jfs'iqed industrial py"the County during the comprehensive planning in the 1990 time perio", :ê~~Sam"s Club was permitted use at that time under the IL zoning categories ~d on the parcels w ...' ey were subsequently annexed in the city of Ft. Pierce, they were reclassifi~\'¡'" C3 or their equ1 t, t of Commercial General zoning. He further explained that the piece 't'iil . solated resid !m£! and it does not have frontage by itself on to US One. A change is l>ein 0 resident ecause it is the intention to }~ ··v·"·N' ultimately develop this as a residential tract witþ~ acc~\:' '".;,.W~,2ffUS One. All four pieces of the parcel will be consolidate~.;~~1i~~;, developmert~g~ a~d if'~~be filed with the city ofFt. P.ierce. Mr. Grande asked why. tl;J!S'tS one here an(l¡~o.. t with the city. Mr. Murphy stated the City of Ft. Pierce has some is ,~!f with th mp plan rig4~..now. It was discussed with them a few months ago. A petition lIed w,. them last sunì~~~on what best way to deal with properties that need a change of land f·~· ....'.. tions and ~ommendations received from city staff was to go to the Ç,Ç~9}.)'t~~J it cle . if' "¡;'ty and then annex it into the City with the appropriali:èãtégoTÿ,;~¡ð), sough ~¡~~~ , Mr. Tn ',~ ked Mr. Murp t' /~ 'ven to him in the fonn of a letter or some record _..<0 Mr. MurphÝ", this was his testimony that came from Senior City staff. Basically it allowed the', 0 have to al with comp plan amendments within the city. We would come in under the residenii eing sought and we would default into those categories from there. These are being filed ,.,'11 area plan amendments, which basically under the Florida rules, these amendments can then B.¥~ándled here at the local level. They do not have to go to Tallahassee for review since they are under the 10 acre threshold. There is a report that is filed annually with Tallahassee, but this does not have to go through the twice a year cycle. Mr. Murphy stated that there are 4.31 acres being dealt with on the land lease amendment and the total acreage is approximately 18. Further it is their intention to develop a residential project on the property accessing offRt. One. Mr. Murphy has read the staff report and concurs with staff s recommendation of support of their requested change of industrial to RM and the accompanying rezoning to it. He believes his request is consistent with the County's comprehensive plan and has satisfied the review policies set forth 4 within the comprehensive plan itself. Mr. Murphy requests that the board forward a recommendation of approval for the RM-15 on the back property. He and his client have no intention of accessing Lebanon Road running North and South as a part of their primary development. If any access at all is provided, it would be provided for emergency purposes only limited to the necessity of a fire truck or rescue vehicle or something like that. Mr. Murphy stated there is the standard request of the school district and their representative, Mr. Sanders, to deal with issues when a change of land use intensities or designations from non residential to residential or a substantial increase in the residential land u~eé)~ensity is requested. Mr. Murphy stated when the school impact fees were calculated, they æÎl'nohçontemplate the non residential properties having any residential allocation to them. Mr..,~-, hy continued that he has spoken to his clients and they have no objection to discussing thi~~·~,''.;with the school board and expect to have a letter of intent or a letter of understanding whi~wi11 a:' " the school board's concerns. Mr. Murphy requests that the Board forward a re9~wni~~dation nda items 3, 4 and 5 to the Board of County Commissioners with a recom .Aáãtìón of approva ' 1 of them. <'\{'" ! Mr. Murphy added that he and his client have fileqa "",/,,~xation~p~tition with the ·,~~þIFt. Pierce that is in progress, but is not as yet completed and that fif":" not ,. '.··ei~ed any feed~_.tk from them as yet. '~,-..::... Mr. Szynkowski, Senior Planner, stated th;.;J":' the County has not received any response or" ' ~.q Mr. Trias stated supposedly the City ofFt. Pi~f wa~)¢'.\"/~;i~9f.kÎng on the comprehensive plan and this topic was importan~ . cuss with the;' '-, ';óf Ft. Pi~;;tåt this time so they could address some of these issues. -f;P; p;' '. '44 'if¥ ;J'le a prelimin~i~y.o~t of the project and did not kn0.w what it at those .d.enSltIes. Further they have been lookmg at ,~1ßylti-family units, two story and possibly a third tory tÔ~Ir houses. He explained that it depends what fits l' Ms. H" ade objection gardi '. zoning changes from currently industrial to such a high density resiavI,.;,I.. She stated..µtmercial properties or a higher commercial use on Route One instead of resid -, " should b~iscussed. Currently there are 15 units per acre which would be next to single family 10 ',..._ .... LebéU)9Í1. Further, the whole 18 acres should be looked at and not a 4 acre an~ less than 1 0 acr¿~w1fére it does not have to go to the state, but if the entire parcel is looked at, It does have to go t01jh'f state. lY Chainnan Hearn agreed with Ms. Hammer and stated he is very concerned that a representative from the City of Ft. Pierce has not been brought in on this project since it is going to be in their city. Mr. Trias stated that he could not support this project without any context or input on the part of the City ofFt. Pierce. Mr. Grande stated that this is an application that should be going through the city. The concept of bring this project to this board is technically correct but the annexation process should go forward 5 · and the City of Ft. Pierce should hear the application. Bringing this board applications on some of the parcels that will make up the total of the project for a project this intense is inconsistent with the surrounding areas. Mr. Grande further stated he could not support any of the three projects. Mr. Murphy stated that what he is doing is following the rules which are to file a plan amendment less than 10 acres and it is, by state law, a small area amendment. That is what it is in that piece of property. The rest of the stuff is rezoning issues which will address the joint development and joint participation issues. The whole process takes time and would hope that the board would take this into consideration and forward positive recommendations. Chainnan Hearn stated there are no further questions or comments public hearing. Mr. Marty Sanders, ~xecutive Director ,of Growth ManageQ(~t \\nd Acq .,·,R~ and Inter- Governmental RelatIOns f?r the.St. LucIe Count~ SChO~j:J?lstn~, stated t~at If'~~~oard does approve the land use conslderatlon, they do so wIth a.mulrement to provIde a vot'm~y contribution or enter into an agreement with the scb u, ,'. ard to~' e up the deficÍfs[f;>(cÖst. ~ R:fi~'· Chainnan Hearn asked if there was anyone else who wish no-one the public hearing will be closed d returned to the D Mr. Grande stated after hearing the testimon" ed during the . 'J.i~;hearing including staff t.~' . comments, that he hereby moves that the 10cãt,œJa ncy of St cie County recommend that the St. L~cie ~ounty Board of~ounty C.O~.i.SSi,.. . .........~. !~...... '.th.J.'i.!f:' otion.to ch~n~e .the in ~uture Land Use deslgnahon from al to ReSldeÌ1tJ~MedlUm ~~úse techmcally It IS mconslstent with any ofthe residentilP~ xist nearby~~èrhaps, motê importantly, this is the wrong boar~ t~ be he~ring t*icul.ar .lication. ~hi~~ the ~nd of the motion. H~ further stated it was not hIS mtent, m thetno 'to Imp. hat the City O~tlrYPlerCe had done anythmg wrong but that they have not had sufficiert · t' rward on:lhis matter. Cha:, Mr. Mundt - yes Ms. Caron - yes to è Ms. Hammer - yes to dS y Mr. Hearn- yes to dený' Mr. Trias - yes to deny Mr. Grande - yes to deny 6 Chairman Hearn requested Mr. Murphy to proceed with item 4 and item 5 for the record. Agenda Item 4: Finlay Develoµment. LLC: Mr. Szynkowski, Senior Planner, advised agenda item 4, Finlay Development, LLC is a request to change the zoning from RM-ll to RM-15. He further advised the board that there is no further information on this agenda item other that what was previously given. Chairman Hearn recognized Mr. Murphy to proceed with agenda item Mr. Murphy stated for the record, that he is from Culpepper & T~'~''V ·)nc. representing Finlay ~evel.opment, LLC for a ch~ge o.f zoning. from RM -11 to RM-~~. H~;v.1. r stated he stands by hIS pnor comments on the dIScussIon of thIS matter and wo.~!~,~esp"ectfully·· st that a recommendation of approval be forwarded to the board Qf~õuÎity commissio e asked, if there were any questions, and requested from chainnan Heoi""just as ~ matter of refereqçj,pg th,e prior discussion, that as part of the official record, all thç,; eports~·· staff files be i~bltlged. · J~~'-' Chainnan Hearn stated that was not said, but assumed and(' .. .... . t ere were any further questions of Mr. Murphy or was there anyone from,¡the public who wisH"· speak. ... ~. ~ Mr. Gran~e ask~d Mr. M.urphy is he wa~ a.\t.,!il#:>.. use t~is pañ:~~J~~obtai~ allowable density for the entue project that IS the part that IS bo'tþ out~ . . .. CIty and l~lae the CIty. '\V"~ .' . . '~~'!r~r:4t ..-" Mr. Murphy replied the ~.:. ~velopment P'~}YÓUld be aj;~~ggregation of those tracts. ~ø~-.rt;; .~" -¡::':..:: Chainnan Hearn aske~t~there is . : .: ember of th~fPublic that would like to comment on this application. .He statêdš'~~~_no-o he public heà~,is closed. He asked the board members for further questIons or a motto' Jr' Mr. Szynkowski s..:,;\.,...~he s.t' nd statement would be in conflict with the goals, objectives and policies therefore thè':,,,ì!' ot" would have to be deleted. ..... Mr. Grande stated aftefêonsidering the testimony presenting during the public hearing including staff comments, it is hereby moved that the Planning and Zoning Board of 81. Lucie County recommend that the 81. Lucie County Board of Commissioners deny the application of Finlay Development, LLC from the change in zoning from Residential Multi-Family to Residential Multi-Family 15 for the reason stated in the staff recommendation. Mr. Trias seconded the motion. Chainnan Hearn stated it has been moved to second. 7 Chairman Hearn requested the secretary to call role. Mr. Mundt - Yes Ms. Caron - Yes Ms. Hammer - Yes to deny Mr. Hearn - Yes to deny Mr. Trias - Yes Mr. Grande - Yes Mr. Murphy stated for the record he is representing Finlay',,'" He continued that it is almost moot at thi~ oint, since the prlÕ' his prior comments on this agenda item. ' Agenda Item 5: Finlay Development. LLC: Chairman Hearn stated that the petition will be forwarded to the Bo with a recommendation of denial. Chainnan Hearn stated if there are no further:'Qpe.;:'~f¿. hearing. He req~ested ~y me~bers ?fthe puölì~ to cJ~Øf',~"ttws'item to come ~orward. Seeing no-one, the pubhc heanng s, Qn wIll be closed;~ps;freturne ~~,;tfìe board for questIons or a motion.' ¡~~.' ,(.,' ~ T~:'s~ ./v: ..¡, Attorney Heather Y dun IT comments wUkbe included as part of the record of the written comments. ,¡Y" Mr. Grandcr.it side ~~t'i{p. . staff colJÛf1ents, it is he , recoIDrii"'( that the S1. Lu Finlày De.~l()'pment, LLC fj since the reqÚ '. d zoning W e testimon' presented during the public hearing including the ~lanning and Zoning Board of 81. Lucie County ounty" of County Commissioners deny the application of ange ,: zoning ITom industrial light to residential multi-family be inconsistent with the comprehensive plan. Chainnan Hearn state petition has been moved and seconded. He asked ifthere is any further discussion. .;J' Chainnan Hearn requested the secretary to call the roll. Mr. Mundt - Yes Ms. Caron - Yes Ms. Hammer - Yes to deny Mr. Hearn - Yes Mr. Trias - Yes Mr. Grande - Yes 8 Chainnan Hearn stated the petition will be forwarded to the board of County Commissioners with a recommendation of denial on all three requests, agenda items 3, 4 and 5. Chainnan Hearn stated that agenda items 6 & 7 have been postponed, but asked if there is anyone who wishes to comment, if so, the public hearing can be opened. If not, he asked if any of the board members have anything further to discuss. Ms. Hammer stated that PGA Village has experienced the impact from burning vegetation and would like to suggest, as a board, that the county commissioners look at t ~ possibility of requiring some other way of disposing of vegetation rather than burning it. Attorney Heather Young stated she thought the fire district gets i~ pennit to do open burnings such as that. She continued further ré,'ètrictio reported back to you. ";t}+., '<'1,' Chainnan Hearn stated that Pat Ferrick has sent corre~1f8hdence regarding her ~c;~ª~t~~t once the public hearings are closed and the discussion take~;;pl~:~~mong t~commissioners!"ijj¡~:when some erroneous infonnation is presented as part of their decišlö,,~is th.#~Y mechanism .Ø~~llow the public to bring forth their concerns or their position on it à"""'è public hearing is closed ~f Robert Nix, n~w Director of Growth ~an.'a~,~!: stated that. tH." e rules of order t~at apply to those proceedmgs and when the commlss10~i'r;"*§;'þ,g~d dehberat..,JW have to dehberate on the facts th~t are brought. b~fore t~em on the recó~; af.tli'q,f~if.~eding. I~Uiè hearing is .reopened and the subject re-heard, It IS creatmg an unclear an~, dlf~1,i\llt, . ·r..pefend. He contmued that most ordinances provide for inistrative fòmrØ'f relief,' ... ...re is a party who has aggrieved {'Y':~;"\~¡ by a decision by the Bo.,.~;,. CommissioÌJ.~rs. He continued, if they are aggrieved and they feel there is an egregi. rror be~" of some fact.pr or misrepresentation on the part of the Board of County Commission : appe hould be filed~1iÞ,',;; He f~rther stat.ed t~a.. tis th ' es ~~J1~...t.,..h.e..m.. .)r'fs an ob~igation to provide all of our apphc.ants ~i .~~ ers du . i!·:wìiäli,.J to be done IS to follow the procedure estabhsheg.J;n·t . ''';':''f: this is ."",i~;~son for that procedure in the code at the immediate d, if QPt'of the members on the prevailing side so chooses to make d. ",'Jo Attopie"j, .ather Young s I, ·...(,<t~Jè;.., next mee~ti1~~pr it to be reo that motion'tq' ç rest of the "":.. Chainnan Hearn ced~t our land development regulations are presently being revised and before they are fonn' r ""ented to this board, it would be beneficial to review the revisions and comment on them prior{o presenting them at the public meeting. ~JI' Mr. Grande stated if the LDR's are currently being revised for anything other than rvc items there are several memos of change/correction that should be made. Corrections to LDR's have been presented to staff, receipt has been acknowledged. It would be helpful if these changes were made. Mr. Nix announced he would like to make a change to eliminate the requirement of the code to place a legal description of the property in newspaper ads. He states this is not a requirement, it is not in the law and the only thing that is necessary is to give constructive notice to the public so they 9 ... , ' know where the property is located. As long as people know where the property is and how to get to the property, that is constructive notice. Mr. Trias explained that he would like to see staff make a report for the next meeting to explain the kind of changes being made. He stated the experience with the TVC has been so outstanding and the LDR's that have been prepared are so much better than anything previously worked with. Things should be viewed with a very clear ambition to make it as comparable as the work that has been done with TVC. Chai~an H.earn anno~nced that he h~d.a discussio~ with Mr. Nix ~n~~1~B~kenstoss be~ore the meetIng tomght regardmg the abbrevIatIon of the mmutes and makI9·' DVD part of the mInutes for the purpose of having an absolute accurate record of what t09~.:p· "':~.. t the meeting alleviating a lot ?f detail in the min~tes. He further stated that t~e minutes in:;We. pas~~?een les~ t~an desIrable therefore havmg a DVD as part of the mInutes as(Øiffiç...Ial reco '... uld elImmate any questions that may arise. ,/;;~;}It¡¡ '\,... ' .ot.}':";~'" ,.¥:I Mr. Mundt stated he would like to further comme":~,'6ï:) .... issue d'~implifying the announcement of public hearing and the pl~cement of si .'4\,. di~e t?at they at roperly posted to ensure accuracy and to have the SIgnS removed a e applIcatIon has been heard. He explained that previously he saw a de\Cription in the new..... .,r and watched the signs being placed on Avalon State Park as a public h 'i..g occurred. The 'si'ii~, ave been there for more than two months way past the intended time fr '¡ \,:,~:.}"" »..~;' Attorney Heather Young explained what curreq~.Y..h.l~. 1!~:~~!.,.grôwth management provides the infonnation to the sign sho . , ad and bridge~#R": They'h\iWufacture the signs along with all the other signs work theX'(" . d then seß(l~eir crew oùf to put them in place. That may be where some of the pr " is. Th e not familiå~§~ith the petition and they do not know exactly where it is. They are'Ju assignment tÒ?g9rpost it somewhere. ,..~:.\I' 'Q!§¡Jll1~ve been tabled because of a technicality in the Chainnan He legal des:w ö . ¿';"" "r;~:\:l ' .~, Reg~Sj:Qrande Beach,·;1'stated that an inquiry from the homeowners association on the b¿âQ.ï.!¡;\gdicated that t ., gal d, ription was incorrect. It was detennined from the surveyor that one wotd:,! incorrect i :~.e description otherwise it was correct. He further stated that it will be re-advertisè'd .. explaine'veryone understood where that property was and where the lots were, they knew w the a~ØYs were and they knew where the abandonment was, etc but because . fi...fI of that one maccurat ,.'i'lt had to be pulled. Ms Hammer made a motion to adjourn. Mr. Mundt seconded the motion. Chainnan Hearn adjourned the meeting at 7:40 P.M. 10 .... T~ Coast Newspapers Tuesday, March 21, 2006 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA APRIL 4, 2006 TO WHOM IT MAY CONCERN: ·NOTlCE is hereby given in accordance with Sec- tion 11.00.03 of the 51. Lucie County Land Devel- opment Code and in accordance with the provi- aioris of the 51. Lucie County Comprehensive PI.n th.t the following applicants have requested th.t tbe 51. Lucie County Board of County Com- minioners considers their following requests: M.lne Real Estate Holdings, LLC for a Conditional U.. Permit to allow the oparation of a concrete 'rnInufacturing facility in the IH (Industrial, Heavy) Zoning District for the following described prop- Itty: BEING ALL OF LOT 14, ACCORDING TO MIDWAY 'INDUSTRIAL PARK - PHASE III . SOUTH, AS RE- CORDED IN PLAT BOOK 45, PAGES 40-41 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, flORI- DA. ' Locltion:East side of South Jenkins Road, ap- proximately 1,300 feet north of West Midway ROId. The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor. 51. ~ucie County Administration Build- Ing, 2300 Virginia Avenue, Fort Pierce, Florida on APril 4, 2006, beginning at 6:00 P.M. or as soon -thereaft.r as possible, Action can be taken at this meeting, or the item can be continued to a future .. and tim.. All int.rested persons will be given an opportunity .to be heard. Written comments received in ad- v.nce of the public hearing will also be consid- ered. Written comments to the Board of County Commissioners should be received by the Growth Management Department - Planning Divi- lion at least 3 days prior to the scheduled hear- ing. The petition file is available for review at the Growth Management Department offices located It 2300 Virginia Avenue, Fort Pierce, Florida. Please call 772/462-2822 if you have any ques. tIon. or require additional information. The file for this project may be inspected prior to the :heering date in the Growth Management Oepart: me nt, 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida. The St. . Lucie County Board of County Commis- .Ioners has the power to review and grant any Ipplicetions within their area of responsibility. i I I I ¡ I I I I Anyone with a disability requiring accommodation to attend this meeting should contact the 51. Lu- ¡.d. e County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/482-1.777 or T.D.D. 772/462-1428. 'BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, flORIDA ISI DOUG COWARD, CHAIRMAN . PUBLISH DATE: MARCH 21, 2006 135521.J .Th. proceedings of the Board of County Commis- aione,. are electronically recorded. PURSUANT . TO Section 286.0105, Florida Statutes, if a person d.cides to appeal any decision made by the · Board of County Commissioners with respect to Inv matter considered at a meeting or hearing, h. will need a. record of thE! proceedings, For .uch purpose, he may need to ensure that a ver- betim record of the proceedings is made. which record includes the testimony and evidence upon 'whlçh the appeal is to be based. Upon the re- · QUill of any party to the proceeding, individuals _Itying during a hearing will be sworn in. AnV þerty to the proceeding will be granted an oppor- tunity to cross-examine any individual testifying · during 8 hearing upon request. If it becomes nec. ....ry. 8 public hearing may be continued from time to time 8S may be necessary to a date-cer- tein. .-. .. GROWTH MANAGEMENT DEPARTMENT Planning MEMORANDUM TO: Board of County Commissioners FROM: Linda Pendarvis, Growth Management Department SUBJECT: Agenda Item SA DATE: April 4, 2006 The attached Conditional Use Response Fonn was received by the Growth Management Department following the distribution of Maine Real Estates Holdings, LLC, petition packet to the County Administration. Midway Industrial Park Lot 14 - Short Load Concrete Company is the site plan name for Maine Real Estates Holding, LLC. Jo-Z ... ST. lUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01 (C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (~O) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes The Following Conditional Use: Regarding Property Located At: Currently Zoned: To allow the operation of a concrete manufacturing facility in the IH (Industrial, Heavy) Zoning District. East side of South Jenkins Road, approximately 1,300 feet north of West Midway Road. IH (Industrial, Heavy) Zoning District Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Deanna 2300 Virginia Avenue, Ft. Pierce, FL 34982 Please check only one of the three following statements and return by: March 29. 2006. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE i(" ¡<" ..../ '- I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): þl)WIA/ 5- ( /-lfAR J/Í Address: Date: yJ~/t6 I I Signed: Pþ¿J ,. Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: ú/¿£ )./£?D HoA£ P ¿ fÆ- '5 ,£ .E }") Ie ,-:::. (j) 7/i ,4 ,M V .5' //v' ¿¡,-·t~ (~(/ / tt/ "7 fir <; C' Ch-{ .l'uTý ¡/--(¡Ç' 4PI?UC.AI-¡()~{ .A-CL)AI{,.... if w i( cç4cA:!t ~::ec8¡\fe(1 Bv FILE NO. MIDWAY INDUSTRIAL PARK LOT 14/CU 05-010. MAR 3 0 2006 (U\lvth Manaqernent , AGENDA REQUEST ITEM NO. 5" ß DATE: April 4, 2006 REGULAR [ ] PUBLIC HEARING 00 CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY{DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Consider Draft Ordinance No. 06-005 - Amending the St. Lucie County Land Development Code by Amending Section 7.01.02 to include Single Family Detached Dwellings in Residential Planned Unit Developments BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: No specific action is required by the Board at this time. This meeting is for the purpose of accepting public comments and testimony and providing any direction to amend or otherwise modify this draft ordinance. The second public hearing will be on April 18, 2006. No action required by the Board at this time. NCE: COMMISSION ACTION: ~. J APPROVED [ ] DENIED [XI OTHER: Dougla . Anderson County Administrator [X] County Attorney: ~/ Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 06-0444 DATE: March 15, 2006 SUBJECT: Consider Draft Ordinance No. 06-005 - Amending the St. Lucie County Land Development Code by Amending Section 7.01.02 to include Single Family Detached Dwellings in Residential Planned Unit Developments BACKGROUND: After the 2004 hurricanes, the Board, following the recommendation of the Building Department, passed Ordinance No. 04-033 amending the St. Lucie County Land Development Code to permit single family detached dwellings in residential, mobile home -5 Zoning Districts. Attached is a copy of draft Ordinance No. 06-005, which would propose to amend the St. Lucie County Land Development Code by amending Section 7.01.02 to permit single family detached dwellings in residential, planned unit developments. There are currently five mobile home parks in St. Lucie County zoned Planned Unit Development. The parks are as follows: 1. Savanna Club 2. Spanish Lakes Country Club Village 3. Spanish Lakes Fairways 4. Spanish Lakes Riverfront 5. Tropical Isles On January 19, 2006, the Planning and Zoning Commission voted 4 to 1 to recommend that the Board approve Ordinance No. 06-005 with the recommendation that several questions be answered. The questions were as follows: 1. How will it be taxed? Ans. Per the St. Lucie County Tax Collector's Office, a permanent single family residence would be assessed with the land as real property. 2. Will allowing single family detached dwellings affect the designation of the park as a "mobile home park"? Ans. Chapter 723, Mobile Home Park Lot Tenancies only governs parks where a mobile home is placed on a rented or leased lot. Subsection 723.002, Application of Chapter, states that the chapter applies to any residential tenancy in which a mobile home is placed upon a rented or leased lot in a mobile home park in which ten (10) or more lots are offered for rent or lease. The subsection continues to say Chapter 723 would continue to apply even if the number of lots has been reduced below ten (10) as long as the tenancy has been subject to the provisions of Chapter 723 prior to the reduction in lots. Therefore, placement of single family detached dwellings should not affect already designated parks pursuant to Chapter 723. 3. What law will govern the single family detached dwellifJg? Ans. Chapter 723 will not apply to the lot with a single family detached dwelling. It would be governed by Chapter 83, Florida Residential Landlord and Tenant. 4. Will allowing single family detached dwellings into a mobile home park governed by Chapter 723 violate the conditions of the Prospectus? Ans. In accordance with Chapter 723.011, in a mobile home park containing twenty-six or more lots, the park owner shall file a Prospectus with the Division of Florida Land Sales, Condominium and Mobile Homes (the "Division"). According to the Division policy, single family detached dwellings in a mobile home park might change the terms of the Prospectus filed with the Division. Any complaint for violating the Prospectus would be filed with the Division of Florida Land Sales, Condominiums and Mobile Homes. Per the Division, complaint forms may be obtained from the Division Website. 5. Maya park owner evict a mobile home owner to place a single family detached dwelling on the lot? Ans. Pursuant to Section 723.061 F.S., a mobile home park owner may evict a mobile home owner for only one or more of the following reasons: a. Nonpayment of lot rent b. Conviction of a violation of a federal or state law, or local ordinance which violation may be deemed a detriment to the health, safety or welfare of other residents of the mobile home park c. Violation of a park rule or regulation, the rental agreement or Chapter 723 d. Change in use of the land comprising the mobile home park e. Failure of the prospective tenant to qualify and be approved to be a tenant Section 723.004 F .S. expressly preempts to the State all regulation of mobile home lot rents. in mobile home parks and all other matters relating to the landlord-tenant relationship. RECOMM ENDA TION I CONCLUSION: No specific action is required by the Board at this time. This meeting is for the purpose of accepting public comments and testimony and providing any direction to amend or otherwise modify this draft ordinance. The second public hearing will be on April 18, 2006. KMSjcb Encl. H :\kmS-mmo-06-005 .wpd ORDINANCE NO. 06-005 (formerly Ordinance No. 05-039) AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.01.02 TO INCLUDE SINGLE FAMILY DETACHED DWELLINGS IN RESIDENTIAL PLANNED UNIT DEVELOPMENTS AS REPLACEMENT FOR MOBILE HOMES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board is authorized by Section 12S.01(1)(h), Florida Statutes (2004), to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 'O~ill~:~T~~:te~r~~~~~~~I~i~~ 3. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. This Boar resolutions necessary f for the violations of or 4. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97-03 - 99-02 - 99-04 - 99-15 - 99-17 - 00-10 - 00-12 - March 14, 1991 November 7, 1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7, 1999 June 13, 2000 June 13, 2000 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 96-10 - 97-09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - 00-11 - 00-13 - 5tl"l:Iel\ tkl"ðl:lg¡" passages are deleted. Underlined passages are added. May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 02, 1999 November 2, 1999 June 13, 2000 June 13, 2000 01-03 - 02-09 - 02-29 - 04-02- 04-33- 05-03- 05-07- December 18, 2001 March 5, 2002 October 15, 2002 January 20, 2004 December 7, 2005 August 2, 2005 January 18, 2005 02-05 - 02-20 - 03-05 - 04-07- 05-01- 05-04- 05-16- June 24, 2002 October 15, 2002 October 7, 2003 April 20, 2004 March 15, 2005 August 2, 2005 August 16, 2005 5. On January 19, 2006, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 6. On , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on 7. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on 8. The proposed amendments to the St. Lucie County Land Development Code are consistent wi g purp I g and standards of the St. Lucie County Comp 'v a'n rest of the health safety and public welfare of t t. 0 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows, include: CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00 PLANNED UNIT DEVELOPMENT 7.01.02 AUTHORIZED USES A. PERMITTED USES .L. Any permitted, conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.S (AG-2.5); Agricultural-S (AG-5); Residential/Conservation Strtle!( threl:lgk passages are deleted. Underlined passages are added. 2 in the Agricultural-l (AG-l); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-l (RE-l); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-ll (RM-ll); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(B). b Any Planned Unit Development includinq any development that has been granted final Planned Unit Development approval may place on empty lots, a sinqle stOry, conventionallY built sinqle family detacheddwellinq that complies with the buildinq code, meets all setbacks and does not exceed the maximum size of the mobile home that would have been allowed. B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted an nt not e ~thlá ítß$r percent of the gross area of the Plan it P or 0) a es, whichever is less. In addition, playgr d ub parks, g If courses, country clubs, bicycle paths, ra psi· es, ¡stables, arinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. 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 be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Str\:lcl< thf&\:Igh passages are deleted. Underlined passages are added. 3 PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk 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. PART F. 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: xxx xxx ,xx 'xx I PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, 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 ADOPTED this _ day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk StPtleh tkpetlgk passages are deleted. Underlined passages are added. 4 APPROVED AS TO FORM AND CORRECTNESS County Attorney 5tr\:l~h t"rellg" passages are deleted. Underlined passages are added. 5 St. Lucie County Planning and Zoning Commission! Local Planning Agency Special Meeting Commission Chamber, 3rd Floor, Roger Poitras Annex January 19,2006 6:00 P.M. AGENDA MEMBERS PRESENT: Charles Grande, Chairman; Bill Hearn, Vice-Chairman; Stephanie Susan Caron, Ramon Trias, Craig Mundt, and Kathryn Hensley MEMBERS ABSENT: Mr. Lounds Ms. Hammer CALL TO ORDER: Chairman Grande called t Commission at 6:00 p.m. t. Lucie County Planning and Zoning MEETING t ublic benefit that the Planning and Zoning Commission is an advisory board to the a of County Commissioners. They will hear staff s presentation of each application and th n hear from the applicant. Following will be the opening of the public hearing to facilitate any public comments. During the public hearing anyone who wishes to speak for or against a particular application can do so at that time. The public portion of the meeting will then be closed and the application will be discussed among the Planning Commission members. The Planning and Zoning Commission will then vote on a recommendation to send forward to the County Commission. Whether you agree or disagree with the Planning and Zoning Commission recommendation, you are encouraged to go to the County Commission meeting to voice your opinion. During the making of the motions the Planning and Zoning Commission members may read a motion that has already been prepared. Please be informed that the application has not been prejudged but the motions have prepared for the recommendation that is to be made for a particular application; whether it is in favor of the application or not in favor of the applications Page 1 of 26 so when motions are made, the legal requirements for that particular application are met ROLL CALL Ms. Kathryn Hensley Mr. Ramon Trias Ms. Stephanie Morgan Mr. Craig Mundt Ms. Susan Caron Mr. John Knapp Mr. Bill Hearn Mr. Charles Grande A enda Item 1: Election of Officials For the 2006 P & Mr. Hearn disclosed that he had contact with the applicant f¡ DISCLOSURES Motion made to nominate Mr. Trias, Vice Pr Motion passed unanimously A enda Item 2: Meetin Minutes for December 8,2005. Chairman He prove minutes if there were no corrections. Mr. Grande stated for an item and then 0 whether that occurred. s conc ed with an item on page 14 where Mr. Lounds made a motion , he made a motion opposing the same item. He question Mr. Hearn stated that it was a mistake in the minutes. Motion made to approve the minutes with the change that reflected that mistake. Motion approved unanimously. Agenda Item 3: Ordinance No. 06-005 (Formerly Ordinance No. 05-039) Page 2 of 26 Assistant County Attorney Katherine Mackenzie-Smith presented this item. She stated that the item was an ordinance that would amend the Land Development Code section 7.0102 under Planned Unit Development. It would allow single-family detached dwellings to be placed in a Mobile home planned unit development. She stated that staff had recommended that the item be forward to the Board of County Commissions for approval. Chairman Hearn asked if there were any question from the board. Mr. Mundt asked Ms. Katherine Mackenzie-Smith for clarification on an inconsistency that he found in paragraph three of this agenda item regarding the inclusion or exclusion of Spanish Lake One Community's eligibility for the replacement of any damage mobile homes in that specific community. Mr. Grande con home and the land Spanish Lakes Develo ' be like Hawaii? That w n~y Orders that were the Wynne Development hat designation. The . t has a RMHI zoning. Land fect the Spanish Ms. Katherine Mackenzie-Smith responded by stating that the E previously passed by the County Commissioner included all t Corp. She went on to state that Spanish Lakes One does not Spanish Lakes One development is not a Planned Unit D ment; She continued by stating that this modification would nge the langua Development Code under Planned Unit Developm herefð it would n Lake One Community. Mr. Mundt asked whether it should have b Ms. Katherine Mackenzie Smith acknowledg that it was included in the Emergency Order b language. on was appropriate. She stated not be affected by this new Mr. Grande asks about th went on to ask for confirmaf ard to existing Mobile Homes on site. He e is not taxed as a residence. ged that his statement was correct. t by asking if the mobile home is replaced by a single family r the ho is not owned by the homeowners, which is the case in the t.te we going to see that situation here? If we do, are we going to e foreign to Saint Lucie County at this point. Assistant County Attorney Heather Young responded by stating that they needed to get clarification from the Property Appraisers and Tax Collectors Office, but from her understanding there would be taxes on the improvements to the site. She went on to state, that she was not clear on what the rate would be, but that it would be treated differently than the mobile homes that were previously there. This is handled by another agency. Mr. Grande stated that the problem occurs in places like Spanish Lakes where the home owner does not own the property. Assistant County Attorney Heather Young went on to state that they would tax Spanish Lakes or the Wynne Corporation for an under lying fee for interest in their property. She went on to state Page 3 of 26 that she was not sure, but she believed there would be assessments placed on the lease hold improvements and that the County will tax the new CBS homes built on site. Mr. Grande stated he thought that the ordinance is needed, however the County needs some clarification on what happens in the event of split ownership. Assistant County Attorney Katherine Mackenzie Smith responded by stating that she concurred with Mr. Grande previous statement. Chairman Hearn stated that he was also concern about that issue; he then asked if any other board members had anything else to say on that agenda item. Growth Manageme anager David Kelly responded to the question Mr. Knapp ask by stating D, when it is approved, has its own set of standards. It will have its own setba which will vary with the various approvals. He continued by stating that a conventi al built home that would be placed on the lot has to meet the same setbacks that were establish for the PUD when it was approved and they may vary for the various PUDs. ot be any bigger than the mobile e are set back requirements in Mr. Knapp asked if the ordinance in question applied to all mobile is it unique to the Spanish Lakes area. Assistant County Attorney Katherine Mackenzie Smith stat any mobile home park set up as a Planned Unit Develop Mr. Knapp asked are there any minimum lot size s built to code or can they be built on any size lot that i Assistant County Attorney responded that home that could have been on the lot. She place. Mr. Knapp asked are there a se be something that is already, Assistant County Attorney res that it would be the at it was specified in each PUD, up when the development was set up. Mr. Knapp r~~ the standards were set up for conventional housing. Mr. Knapp responded by asking whether they could now expect to see 30 x 60 foot homes, or do they have to be same sizes as mobile homes. Are they going to be able to vary? I want a clear understanding of what they will look like. Planning Manager David Kelly responded by stating that in general they will be the same size and shape as a mobile home that could go on the lot. He went on to explain that today's PUDs are more modern than the old 8x30 mobile home parks. They are designed for double wide, at least 24 feet wide. Page 4 of 26 As it relates to the Wynn Corporation, they have a couple of floor plans that they are working on which are 24 ft wide small homes that will go on the lots that will meet that requirements. He continued his statement by stating that it would be rare if they got an application for something other than the doublewide 24 ft minimum. He summed up his statement by stating that no applicant has approach the department applying to built a 8 ft wide home .It did not make sense to him. Mr. Knapp questioned the language of the ordinance that allowed for 8 ft wide homes. Planning Manager David Kelly responded to the question by stating that he was not aware of any PUD ordinance in Saint Lucie County code that would allow for that. If there were, it would be the exception rather than the rule. He went on the state that if an applicant presents a building permit, that the County would be obligated to accommodate their ap' . ation. He went on to make mention that the idea that a conventionally built 8 ft wide h y be safer than an 8 ft wide mobile home. Mr. Grande stated that he thought we had an example in on-site. He stated he was not sure if they were PUD designs that allow for zero lot line on one side of t saying that he thought it was a good concept for a par design standards that would apply to single-family home g to CBS construction ,or unIque ande by that most of the applications . s the island. The County started at became park models that never ites. ome are small, but people seem to be new structures are stronger than the older replaced. ly bm CBS homes have to meet the minimum size County have to meet or do PUDs supersede these Planning Manager . d Kelly sponded by stating that there are no minimum size requirements for PUD ounty. He continued by communicating that many years ago there was an 800 square inimum requirement, which was deleted from the code. He disclosed that it may hav een a legal reason why the ordinance was removed from the land use code. Vice Chairman Ramon Trias asked whether there were any maximum size requirements. Can you build a two-three story building within the same footprint? He continued by asking whether the County envisioned being relevant to this code. Planning Manager David Kelly responded to the question by stating that it is not addressed in the code. He stated that it never came up and it was not anticipated. He concluded his statement that the concept could be a comment that is forwarded to the committee for further reVIew. Vice President Ramon Trias stated that he thought there was a potential for conflict unless Page 5 of 26 there are some architectural regulations that deal with neighbors. Mr. Mundt ask what the smallest set back will be in any manufactured home park located in the County. He continued by stating that he was concerned about the spacing. Planning Manager David Kelly responded that he was not sure without having done any research on the subject. He stated that the smallest side setback was 71h. feet, which is consistent with RS-3 and RS-4 zoning district for single-family homes. Chairman Hearn asked Assistant County Attorney Katherine Mackenzie Smith what was the potential for existing mobile home residence to be forced off their property, if they do not build in accordance with this ordinance. Assistant County Attorney Katherine Macke item in question was a mistake in the transcrip stating that the ordinance ks owner the option that statement that she e parks. Assistant County Attorney Katherine Mackenzie Smith respo does not create that danger. She continued by stating that it . would be available if there was no mobile home there. was unaware of the various park rules and regulation Chairman Hearn stated that he was troubled with the provide any protection for the residence. He continued D state with regard to a local ordinance. ed by stating that the specific be corrected. Don Helm state 14isades in the Spanish Lakes Fare ways Mobile Home Community. I ting" t the park he lived in was once a PUD. He went on to state that he the protections that are afforded under Florida State Statute 723 would impede owner association's right to a guaranteed rent, which was based on their prospec ights to bargain with the parks owners. He questioned the validity of the ordinance the authority of local jurisdiction to rezone land use in the mobile home park. He summed p his statement by stating that their homeowners association was· concerned that they did not get notification of a proposed zoning change as well as voice their concern that ultimately they would be forced out one day. Chairman Hearn states that he understood the process as follows that during an emergency the special acts by the state supersedes in local ordinance that may be in place. Assistant County Attorney Katherine Mackenzie Smith stated that the application was not for a zoning change. It would remain a PUD. She addressed Mr. Helms question that Florida State Statue 723 still applied to parks with more than ten mobile homes, and to parks that went below 10 mobile homes due to conversion. She continued by stating that the new CBS homes would not fall up under that specific Statute. Instead, Florida State Statue Chapter 83, Florida Page 6 of 26 Residential Land lord and Tenant would apply. Florida Statue 723 would still apply to all the mobile homes regardless of the remaining number if it originally was greater than 10. Chairman Hearn asks the public whether the answer he had heard was satisfactory. Mr. Helm responded by asking whether elements of Florida State Statute 723, which guarantees the mobile home owner's first rights of refusal if the park is sold as well as the right to purchase the park if the owner agrees to sell the property, would still apply even though the new CBS homes will be there. Assistant County Attorney Katherine Mackenzie Smith stated that Florida Statue 723 still applied to the entire mobile homes in there. Chairman Hearn asked the xpert advice not owning the Chairman Hearn states that he suggests that Mr. Helm contact st the relevant information to make sure your answer are clear b commissioner's meeting. Mr. Grande states that he recommends tl)at the Count on what the legal ramifications are in the event of i land their homes are built on and the rights of the ten Assistant County Attorney Katherine Mac remain a designated park per Florida State the Division of Mobile Homes Park on the s the rights of tenants collectively. stating that park would n to state that she will consult ate Statute 7: 23 as it relates to ore comments from the public. rs Association at Spanish Lakes Fairways. She ction that was set aside to site new CBS homes. After "'Siting these same homes throughout the park bile me. She then questioned the timing of the ordinance ved approval before the ordinance was approved by the board. erine Mackenzie Smith responded to the previous question by stating that the owners 0 park got authorization from the Board of County Commissioners to use their emergency powers that authorizes them to build up to 500 replacement homes. Mrs. Valante stated that she was concerned for both the mobile home owners and the CBS homeowners. She went on to ask how the pending approval of the ordinance affect existing CBS homes constructed prior to the establishment of the new ordinance. Planning Manager David Kelly responded to this question by acknowledging that Mrs.Valante was correct in her understanding of the phases and the areas that the original CBS homes were constructed. He continued by stating that the park owner did comply with County standards in securing permits to build CBS homes in the Spanish Lakes development. The Board of County Commissioners had the emergency powers to replace damaged mobile homes with conventionally build homes. Page 7 of 26 Assistant County Attorney Katherine Mackenzie Smith concurred with Mr. Kelly that the CBS were sited legally. Chairman Hearn asked whether there were any more comments from the public. There were no comments from the public. therefore. Chairman Hearn closed the public hearing. Mr. Knapp asks how many PUD' s the ordinance will affect. Planning Manager David Kelly stated that it was less than ten. Chairman Hearn allowed for further public comment. specific Florida Chapter vise her would Ms. Valante asked staff for clarification on the specific state statue t landlord tenant relationship. Assistant County Attorney responded to the question by stat' 83 Florida's residential land lord tenant relationship is w regulate CBS homes. Assistant County Attorney Kat stating that the approvals w County Commissioners. oS' in the newspaper. ith r ponded to the previous question by e uest that was approved by the Board of e was not sure whether an advertisement ran ove the ordinance and recommend to the boards for approval. Mr. Grande asked staff if. ey won't rescind the item right now and bring it back at a later time so that staff will have an opportunity to research the issues and come back when they are prepared to respond to any unanswered questions. Chairman Hearn stated that he wanted to see the item moved forward with the understanding that they had 30 days to answer any questions that they may have. Planning Manager David Kelly stated that committee had two choices. He suggests that they could send the item forward to the Board with the comments as directives that you recommend this item for approval, however, there are some outstanding questions that they wanted staff to answer before it gets to the board or continue and have it come back for those answers at a later date. Page 8 of 26 Chairman Hearn stated that he thought that the item needed to be moved forward given the projected agenda the committee has for the up coming months. He went on to state that the Board of County Commissioners would ultimately make the decision to approve or disapprove the P/Z board is only here to raises points that the Board should consider when making decisions between now and then they can obtain the answer that the public raised in order to make an informed decision. Mr. Mundt made a motion to amend the motion to include staffs comment and research to be forwarded with the motion to approve to the Board of County Commissions for approval. Mr. Trias seconded the motion. Mr. Knapp- no i y for this to come before gh time to prepare to ounty Commission. Assistant County Attorney Heather Young states that the next OR the Board is February 7 or the 21, and that date would give st respond to any outstanding questions in time to present to th Mr. Grande states that he will support the motion alt unanswered. He went on to state that he did not se ,¡r the information regarding these issues are brought to t to vote on them. Chairman Hearn asked for roll call. Mr. Mundt - yes Mrs. Caron- yes Mr. Grande- yes Mr. Hearn- yes Chairman Hearn states that the motion for recommendation of approval with staff comment, with the P & Z, comments are to be forwarded to the Board of County Commissioners. If there is any further concern, call local representative to express your concerns. Page 9 of 26 1 r/' AGENDA REQUEST ITEM NO. f)e- DATE: April 4, 2006 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 06-012 - Stop Gap Ordinance BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt Ordinance No. 06- 012 and authorize the Chair to sign the Ordinance. Approved 4-1 (Comm. Hutchinson - No) COMMISSION ACTION: []I APPROVED [] DENIED [ ] OTHER: Dou sAnderson County Administrator County Attorney: Jt 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.: 06-538 DATE: March 27, 2006 SUBJECT: Ordinance No. 06-012 - Stop Gap Ordinance ************************************************************************************* BACKGROUND: On August 16, 2005, the Board adopted Ordinance No. 2005-016 which provided for the postponement of certain development orders within the TVC Element boundary area for a period of 180 days from the adoption date. On February 7,2006, the Board adopted Resolution No. 06-038 extending the time period for Ordinance No. 2005-016 for an additional sixty (60) days until April 9, 2006. The County's Strategy and Special Projects Director, in conjunction with the Regional Planning Council staff has developed an updated schedule of the adoption of the comprehensive plan amendments and land development regulations to implement the TVC plan. A copy of the updated schedule is attached. Also attached to this memo is a copy of draft Ordinance No. 06-012 which, if adopted, would postpone the processing of applications for comprehensive plan amendments or development orders within the TVC Element Boundary (identified in the crosshatched area on the map attached as Exhibit' A") for the earlier of a period of sixty (60) days from adoption or the effective date of the comprehensive plan amendments and land development regulations related thereto. This ordinance was brought before the Local Planning Agency on March 16, 2006 at which time the ordinance was authorized for presentation to the Board. The first public hearing on this ordinance was held on March 21, 2006. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 06-012 and authorize the Chair to sign the Ordinance. ...... ~ iti~ ¡¡ji::éD ~&~ ..... Q oo" Iq;~ UJ......cu -J~2 ~:e~ fi}Q~ ::x:<:o OUJ~ CI) :e .~ Qq;> UJ<:~ Cl)S- ~a.. o ~ >- ~ > ~ U <t: CJ) w ~ <t: o z o ~ W ....I a.. ~ o u - Q) s::: o Q) s::: o -- t--C"') orN -- or or 00 t-- N - N o I C"')t-- NN -- or or 00 OJ Q)OJ s:::~ t~'Ë OOJE 2-Eo I..OJu . 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"'Co E......OJOu: S:::OJo I.. 0) I.. ° oj( ï:: I.. mo> Ns:::Oa::>s:::mua:: ~:§ oð'~001- o~OO OJ m ....I ~ _ ~ ....I ~ J::OJ a..OJ_-oc..S:::__ ~E OJJ::oo 0000 ~ >.~ 0> 0> ~"'C ~ 0> 0) c.. OJ tV ~ - s::: s:::.- m s::: s::: OJ I.L. m..a·-·- "'C _ 0._._ O~O :J"'C"'Cmm"'C"'C"'C J:: .- ~ E c.. m m OJ s::: m m m enE OJ OJQ)I..t+::oQ)OJ ~ "'C......ul..l.. 1..1.. o ~ ~rooû)û)-g 000"'C"'C ~o 1..0ororN- S:::S::: 00) I I I OJ C";" C";" a::N "'C...... "'C Ooð s:::en s::: ~a.. Nor N >- ~ > ~ ° <t: I I I I C) r:: "0 ro Q)tD J...o ii) 0 'rN I/J ~ roC') ~::: J... LO c.. 52~ "-..r:: Q)~ C) ..... 0 :¡ ro 'r ° "0 J... 0') r:: ..r:: r::O..... .- 0') "0 2~r:: Q) ro Q)'¡: "0 "O..r:: ro r:: C)uQ)2 r:::.=..r:: >< :;:;..c u Q) Q):¡:'= I Q) c....c r:: Eu ~ ° ~u_ :;:; c..O~ 2 ..J aL_ ° -- E I/J ra ra Q) 'ü'ü ~ a::: Q) Q) ra c.. c.. c.. J... ra C/) C/) I- C.9 I I I C. ° -I< ..... . : : CJ) ORDINANCE NO. 2006-012 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE . "COUNTY"), PROVIDING POSTPONEMENT OF ISSUANCE OF CERTAIN COMPREHENSIVE PLAN AMENDMENTS AND DEVELOPMENT ORDERS WITHIN THE COUNTY CONCERNING DEVELOPMENT WHICH IS PROPOSED ON PROPERTY GENERALLY LOCATED IN THE TVC ELEMENT BOUNDARY AND AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A" HERETO, WHERE THOSE AMENDMENTS OR DEVELOPMENT ORDERS WOULD INCREASE DENSITIES OR INTENSITIES OF LAND USE ABOVE THAT CURRENTLY PROVIDED BY THE COUNTY LAND DEVELOPMENT REGULATIONS OR THE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES, APPLICABILITY, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the St. Lucie County Board of County Commissioners (the "Board") is present]y working through its consultants to implement the results of the North St. Lucie County Charette through the preparation and adoption of comprehensive plan amendments and land development regulations which, upon implementation, shall serve to further guide land use and development, so that the public health, welfare and safety is protected and the aesthetic, and environmental resources of the County are further enhanced and protected from impairment and suburban sprawl is avoided; and WHEREAS, on February 7-14, 2004, the Treasure Coast Regional Planning Council ("RPC") held a public charette to study future growth and development in North St. Lucie County; and WHEREAS, on March 17, 2004, the Board unanimously voted to engage the RPC to prepare amendments to the St. Lucie County Comprehensive Plan and the Land Development Regulations to implement the recommendations of the North County Charette Master Plan; and WHEREAS, the North St. Lucie Master Plan recommends a compact, sustainable pattern of development that preserves significant amounts of open space; and WHEREAS, on November 9, 2004, the Board entered into an lnterlocal Agreement with the RPC to prepare amendments to the St. Lucie County Comprehensive Plan and the Land Development Regulations to implement the recommendations of the North St. Lucie County, Charette Master Plan; and -1- WHEREAS, on March 10, 2005 the RPC submitted proposed amendments to the St. Lucie County Comprehensive Plan to the Board for processing and transmittal to the State Department of Community Affairs during the County's first round of year 2005 comprehensive plan amendments; and WHEREAS, on April 4, 2005, a public workshop with the Board, the Local Planning Agency and the RPC was held to discuss the proposed amendments; and WHEREAS, the proposed amendments were heard by the Local Planning Agency on April 2], 2005 and on October 6, 2005; and WHEREAS, the initial hearing (transmittal hearing) on the proposed amendments was held before the Board on October] 7, 2005 and the Board voted to transmit the proposed amendments; and WHEREAS, on January ] 3, 2006, the F]orida Department of Community Affairs provided Objections, Recommendations, and Comments regarding the proposed amendments; and WHEREAS, the adoption heárings before the Board on the proposed amendments will be scheduled for May, 2006; and WHEREAS, the draft land development regulations that will implement the proposed amendments were subject to a pubJic workshop before the Board on February 7, 2006; and WHEREAS, the land development regulations that will implement the proposed amendments will be scheduled to be heard by the Board in May, 2006; and WHEREAS, the Board, on August 16, 2005, adopted Ordinance No.2005-026 which provided for the postponement for a· period of 180 days from the adoption date of the issuance of certain comprehensive plan amendments and development orders within the County concerning development which is proposed on property generally located in the TVC Element; and WHEREAS, on February 7, 2006, the Board adopted Resolution No. 06-038 extending the time period for Ordinance No. 2005-016 for an additional sixty (60) days; and WHEREAS, an important element of the County's growth management strategy includes development and implementation of balanced land development regulations to manage the emerging -2- trend for extensive development activities arising within the northern part of the County that is the subject of the North County Charette Master Plan and the TVC Element; and WHEREAS, the Board desires to insure that during the pendency of the necessary study activity, presently underway, for the formulation and implementation of the necessary and appropriate plan amendments and land development regulations referenced herein, requests for processing and approval of additional plan amendments, amendments to the OfficiaJ Zoning Atlas, and development orders for new development within the scope which is described herein, are postponed until the County's proposed comprehensive plan amendments, and draft land development regulations (collectively, the "Grow1:h Management Regulations") are finalized and implemented; and WHEREAS, the County Local Planning Agency has reviewed the regulations set forth in this Ordinance and has determined that such regulations are consistent with the applicable provisions of the Comprehensive Plan of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Section 1. confirmed. Section 2. Postponement; Applicability. A. During the time that this Ordinance IS In effect, as specified in Section 7 below, no applications for comprehensive plan amendments, amendments to the Official Zoning Atlas, or development orders, as that term is defined in Section 163.3 I 64, Fla. Stat., concern ing development on any property in the County located in the TVC Element Boundary as identified in the crosshatched area Recitals Adopted. Each of the above stated recitals is hereby adopted and on the map attached as Exhibit "A", shall be processed or issued if such comprehensive plan amendment, amendment to the Official Zoning Atlas, or development order increases the density or intensity of development that would presently be allowed under the County Comprehensive Plan and Land Development Regu]ations now in effect. -3- B. That notwithstanding anything to the contrary above, the postponements of thjs ordinance shall not apply to: ]. any public purpose project which is required by any government entity; nor 2, any development which is protected from a change in county ordinances to the extent provided by Section ]63.3233, Florida Statutes, for those statutory development agreements which have been previously entered into. Section 3. Waivers. NOlì¥ithstanding Section 2 above, an applicant for development of property within the area described as Exhibit "A" may apply to the Board for a waiver to the prohibition against processing such application. The Board shall consider such an application at a public meeting held within 45 days of receipt of the application by the County. If, at the public meeting, the applicant demonstrates to the Board's satisfaction that the application ]) wi II not detrimentaJly affect the preparation and implementation of the Growth Management Regulations; 2) will further the principles of the North County Charette Master Plan; 3) will be compatible with surrounding land uses; and 4) will not impair the public health, safety or welfare, then the Board may allow that application to be submitted, reviewed and processed concurrently with the Growth Management Regulations. In no event, however, shall a development order be issued for such application until such time as the necessary comprehensive plan amendments are in effect and the application is consistent with adopted land development regulations. Section 4. Vested Ri£!hts. (A) Nothing in this ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following: (J) A governmentaJ act of development approval was obtained prior to the effective date of this Ordinance; and (2) Upon which the property owner has detrimentally relied, in good faith, by making such a substantial change in position or incurring such extensive obligations and expenses; and (3) That it would be highly ~nequitable to deny the property owner the right to complete the development. (B) That any property owner claiming to have vested rights under this Section 4 must file an application with the Board for a vested rights determination within 30 days after the effective date of this -4- Ordinance. The appJication shall be accompanied by a fee of $] ,500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the County Administrator and other documentary evidence supporting the claim. The Board shall hold a public hearing on the application and based upon the evidence submitted shall make a determination as to whether or not the property owner has established vested rights. To the extent that a property owner demonstrates vested rights, the prohibitions established in this Ordinance shall not be applied. Section 5. Appeals. Appeals from final decisions by the Board under Section 3 or Section 4 of this Ordinance shall be by the filing of a Petition for Certiorari in the Circuit Court of the] 9th Judicial Circuit in and for St. Lucie County in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-j udicial rulings of local government agencies. Section 6. Exhaustion of Administrative Remedies. No property owner claiming that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 7. Term. The time period for the postponement of processing applications for comprehensive plan amendments or development orders imposed by this Ordinance is temporary and shaJl be effective for the earlier of I) a period of sixty (60) days from adoption hereof, or 2) the effective date of the comprehensive plan amendments and land development regulations related thereto, the formulation and adoption of which shaJl be expeditiously pursued. The duration of the 60-day time period may be reasonably extended, if necessary, for up to an additional sixty (60) day period by Resolution of the Board. Section 8. Effective Date. This Ordinance shall be effective upon filing with the Secretary of State. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward V ice Chairman Chris Craft Commissioner Joseph E. Smith Commissioner Paula A, Lewis Commissioner Frannie Hutchinson -5- xxx XXX XXX' XXX XXX PASSED AND DULY ADOPTED this ATTEST: BY: Deputy Clerk -6- day of ,2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney z-«' /( ~ r;. j ~ ;~' '1 Ë I' "'~.~ l' ~ l ;:¡ ~. ... ~~ ~ , ·l ~ ,\ ,~ \j, .~ ,~ ~ ''\ '",= r~"· .J V\ .~ C"'1 o J ) >. L-. \0 U C ::J o OJ "'\ c Qj E Qj w U > f- I~ ~ § o (j .... QJ ::. i:t c: ,co 13 ..s ~.~ c ~ " ~ co EXHIBIT / fjl( ,/ /' ", AGENDA REQUEST ITEM NO. .5Þ DATE: April 4, 2006 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUN1Y COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 06-011· Deleting Property Described in Exhibit "III from Ordinance No. 2005-016 eStop Gap") Ordinance BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt Ordinance No. 06-011 and authorize the Chair to sign the Ordinance. [x] APPROVED [] DENIED [ ] OTHER: Approved 3-2 Motion to deny the waiver (Comm. Hutchinson - No) from the the TVC Element. (Comm. Lewis No) Douglas Anderson County Administrator COMMISSION ACTION: County Attorney: L~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-539 DATE: March 27/ 2006 SUBJECT: Ordinance No. 06-0n Deleting Property Described in Exhibit "1" from Ordinance No. 2005-016 C'Stop Gap") Ordinance AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA**********************~AAAAAAAAAAAAAAAAAAAAA BACKGROUND: At the February 7, 2006 Board meeting, the Board requested staff to draft an ordinance that would, if adopted, delete certain property owned by Shelby Homes from the Exhibit ("A") describing property subject to the provisions of the Stop Gap Ordinance (Ordinance No. 2005-016). Attached to this memorandum is a copy of draft Ordinance No. 06-011. This ordinance was brought before the Local Planning Agency on March 16, 2006 at which time the ordinance was authorized for presentation to the Board. The first public hearing on this Ordinance was held on March 21/ 2006. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 06-011 and authorize the Chair to sign the Ordinance. DSM/caf Attachment ;. ORDINANCE NO. 2006-011 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE "COUNTY"), AMENDING ORDINANCE NO. 2005-016 WHICH PROVIDED FOR POSTPONEMENT OF ISSUANCE OF CERTAIN COMPREHENSIVE PLAN AMENDMENTS AND DEVELOPMENT ORDERS WITHIN THE COUNTY CONCERNING DEVELOPMENT WHICH IS PROPOSED ON PROPERTY GENERALLY LOCATED IN THE TVC ELEMENT BOUNDARY TO SPECIFICALLY DELETE THE PROPERTY FROM THE EXHIBIT TO ORDINANCE NO. 2005-:016 (EXHIBIT "A") WHICH IS SUBJECT TO THE RESTRICTIONS OF THE ORDINANCE DESCRIBED IN EXHIBIT "I" HERETO WHEREAS, on August 16, 2005, the Board of County Commissioners of St. Lucie County, F]orida ("Board") adopted Ordinance No. 2005-016 known as the "Stop Gap" Ordinance; and WHEREAS, the Board desires to delete the property described in Exhibit "1" attached hereto from the property described in Exhibit "A" to Ordinance No. 2005-016. WHEREAS, the County Local Planning Agency has reviewed the Ordinance and has detennined that the Ordinance is consistent with the applicable provisions of the Comprehensive Plan of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: PART A. Section 2 of Ordinance No, 2005-0]6 is hereby amended to read as follows: Section 2. Postponement: Applicabilitv. A. During the time that this Ordinance IS in effect, as specified in Section 7 below, no applications for comprehensive plan amendments, amendments to the Official Zoning Atlas, or development orders, as that tenn is defined in Section 163.3164, Fla. Stat., concerning development on any property in the County located in the TYC Element Boundary as identified in the crosshatched area on the map attached as Exhibit "A" (but excluding the property described in Exhibit "I" attached) shall be processed or issued if such comprehensive plan amendment, amendment to the Official Zoning Atlas, or development order increases the density or intensity of development that would presently be allowed under the County Comprehensive Plan and Land Development Regulations now in effect. ; B. That notwithstanding anything to the contrary above, the postponements of this ordinance shall not apply to: 1. any public purpose project which is required by any government entity; nor 2. any development which is protected from a change in county ordinances to the extent provided by Section 163.3233, Florida Statutes, for those statutory development agreements which have been previously entered into. PART B. Effective Date. This Ordinance shall be effective upon filing with the Secretary of State. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward V ice Chairman Chris Craft Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this _ day of ,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS County Attorney THE NORTHWEST t Of THE SOUTHEAST t Of SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, fLORIDA, LESS AND EXCEPT ALL RIGHTS-Of-WAY fOR ROADS AND DRAINAGE CANALS. AND THE NORTHEAST t Of THE SOUTHWEST t Of SECTION 36, TOWNSHIP 34 SOUTH RANGE 39 ,. , EAST, ST. LUCIE COUNl'I, fLORIDA, LESS AND EXCEPT ALL RIGHTS-Of-WAY fOR PUBLIC ROADS AND DRAINAGE CANALS. AND THE SOUTHWEST t Of THE SOUTHEAST t OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNl'I, FLORIDA, LESS AND EXCEPT ALL RIGHTS-Of-WAY FOR PUBLIC ROADS AND DRAINAGE CANALS. THE SOUTHEAST t Of THE SOUTHWEST t OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNl'I, FLORIDA; LESS THE RIGHT-OF-WAY FOR THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT CANAL C-25 AND PUBLIC ROADS. AND 36 34 39 NE 1/4 OF SE 1/4-LESS fROM SE COR OF NE 1/4 OF SE 1/4 OF SEC RUN N 00 31 06 E 60 FT,TH N 89 28 54 W 40 FT TO WLY RD R/W LI OF KEEN RD AND POB;TH CONT N 89 28 54 W 265 FT,TH N 00 31 06 E 357.30 FT,TH S 89 28 54 E 65 FT,TH N 00 31 06 E 82 FT,TH N 89 28 54 W 65 FT,TH N 00 31 06 E 185 FT,TH S89 28 54 E 265 FT TO WLY RD R/W LI OF KEEN RD,TH S 00 31 06 W ALG WLY R/W LI 624.30 FT TO POB AND LESS CANAL AND RD R/W- (32.07 AC) (OR 2427-808) AND 36 34 39 FROM SE COR OF NE 1/4 Of SE 1/4 OF SEC RUN N 00 31 06 E 60 FT,TH N 89 28 54 WAO FT TO WLY RD R/W LI OF KEEN RD AND POB:TH CONT N 89 28 54 W 265 FT,TH N 00 31 06 E 357.30 FT,TH S 89 28 54 E 65 FT,TH N 00 31 06 E 82 FT,TH N 89 28 54 W 65 FT,TH N 00 31 06 E 185 fT,TH S 89 28 54 E 265 FT TO WLY RD R/W LI OF KEEN RD,TH S 00 31 06 W ALG WLY R/W LI 624.30 FT EXHIBIT I/}I/ Proposed Stop Gap Boundary Amendment Area "'C It! e:::: ~ It! o .... o >. ~ Ft. Pierce Farms Canal #1 >. It! ;; ..c: C) J: It! o e:::: s::: a> a> ~ Angle Road Current limits of Stop Gap Ordinànçe lOrd 05-016 LEGEND ~ ~ Area to be removed from Stop Gap Ordinance fþ Consulting Engineers · Land Surveyors 2980 South 25th Street . Ft. Pierce, FL 34981 (772) 464-3537 . Fax (772) 464-9497 www.ct-eng.com MEMORANDUM TO: Board of County Commissioner FROM: Dennis J. Murphy, AICFI..~,yJ'~ Senior Project Manager-7 March 31, 2006 DATE: SUBJECT: Request to amend the "Stop Gap" maps to exclude the Taylor's Glen PUD from the processing limitations of Ordinance 05-016 and 06-012. At the March 21, 2006, meeting of the Board of County Commissioners, this Board held the first of two (2) public hearings on the request of Shelby Homes Inc., to be removed from the limitations of the County's Current "Stop-Gap" Ordinance. As we have discussed individually with the Board members prior to this meeting, our objective for seeking exemption from the limitations of the "Stop-Gap"Ordinance are as follows: · In April of 2005 we filed with the County an application for PUD approval for the residential project to be known as Taylor's Glen. · Since that time we have completed two (2) DRC (Development Review Committee) reviews of the project, but cannot proceed any further in the review process of the County given the limitations of the County's "Stop Gap" regulations. · We are located in the extreme southwest corner of the proposed TVC Future Land Use area. · We are located in the extreme southwest corner of the County's "Stop Gap" impact area. · We have made several modifications to the project site plan since our original filing, including to the addition of another 35 acres that allow us to meet nearly all of the general planning principals for the development of a "village" as described in the proposed TVC Future Land Use Element. · We have an integrated street network, with· both internal and external connections. March 31, 2006 Subject: Stop Gap Amendment Request Page 2 · We have approximately 45% of our site being set aside as "common open space" . · Our site is located between two major canals, SFWMD C-25 and Ft. Pierce Farms Canal Number One, thus precluding our direct participation in the "flow- way" envisioned for the balance of the TVC planning area. · We have provided for a "greenway" connection between the SFWMD C-25 and Ft. Pierce Farms Canal Number One, as requested. · We have provided for a buffer area between the industrial uses to our west and the residential uses on our site, as requested. · We have designed our site to be compatible, housing type wise, with the single family areas to our east, as requested. · We have provided for a mix of housing opportunities throughout the community, single family (variable lot sizes), town homes and multi-family (flat over flat) housing. · We will be replacing an existing, deficient, bridge on Taylor Dairy Road over the C-25 Canal, that the County has been unable to replace due to lack of funding. · We have been asked to, and are formulating the initial cost numbers, to consider expanding our planned improvements along Taylor Dairy Road to provide for an alternative travel corridor to that of North Kings Highway. · We are located inside of the existing urban service area. For these reasons, and as highlighted in the attached TVC/Taylor's Glen summary comparison table, we believe that the revised conceptual plans for the Taylor's Glen community are consistent with the Policy guidelines set out in the Draft TVC Comprehensive Plan Amendments, and we would request that the Board of County Commissioners grant our request to be excluded from the limitations of the County "Stop Gap" Ordinance. DJM P:\Proj-2004\04-085 Taylor Dairy Road\Corr\memo\04-0B5-slc-stopgap1,doc (/) I- Z w ~ ~ o \J (/)0 . :::> a.Q. o --'z >w <....J I-~ a.c:o O(/) u..:::> (/)W 1-0 z~ Wz ~H W a. ·w H ::::>~ (J ....J< W a.~ \J;> >" 1-< z o E ~ \J (/) W o VI ~ ~...c ""0 +- ..:! VI U""O s:: ~ ~ s:: U ...!:! X a..~ ~ -~ ~ 0'\ E 0 g- '> -¡¡' > L. ~ ::J ""00 s:: ~ I.!> l(J VI b -5 0 >.0 ~ ~ t: '¡¡j ""0 s:: ~ ~ 0 U VI ...c L. o +- &. g-~E L. ~ ::J a..- E l tï ,~ I- .=. E VI ~ L. U o o '" .... VI ~ L. U o o .... .... ~ N '¡¡j -¡¡ U L. o a.. 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McIntyre SUBJECT: Road Contribution and Construction Agreements - Eagle Bend and Victoria Oaks BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the Road Contribution and Construction Agreements and authorize the Chairman to sign the Agreements. COMMISSION ACTION: RENCE: [XI APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do glas Anderson County Administrator County Attorney: $ Review and Approvals Management & Budget Prop. Acq. Mgr.: 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.: 06-514 DATE: March 23, 2006 SUBJECT: Road Contribution and Construction Agreements - Eagle Bend and Victoria Oaks ************************************************************************************* BACKGROUND: Attached to this memorandum are copies of draft Road Contribution and Construction Agreements proposed by the developers of the Eagle Bend and Victoria Oaks development. The developers of Eagle Bend propose to construct the following improvements: Jenkins Road from Angle Road to Victoria Parkway (proposed) A portion of the proposed Victoria Parkway (See Exhibit #2) The developer would also dedicate rights-of-way for the Jenkins Road and Victoria Parkway road improvements as depicted in Exhibit 2 of the Eagle Bend agreement. The developers of Victoria Oaks propose to dedicate right-of-way and construct a portion of the proposed Victoria Parkway as depicted on Exhibit 2 in the Victoria Oaks agreement. RECOMMENDATION: Staff recommends that the Board approve the Road Contribution and Construction Agreements and authorize the Chairman to sign the Agreements. Re~ submitted, Daniel S. McIntyr County Attorney DSM/caf Attachments ROAD CONTRIBUTION AND CONSTRUCTION AGREEMENT Re: Victoria Park-Way Road Improvements Development: Victoria Oaks This Agreement made and entered into this _ day of , 2006, by and among ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"), and JENKINS ROAD 90, LLC and KINOS mOHW A Y 80, LLC, Florida limited liability companies ("Developer"). RECITALS WHEREAS, Developer is the owner of certain property located within St. Lucie County known as Victoria Oaks which is approximately 170 acres, and is more particularly described on Exhibit 1 (Legal Description) attached hereto and made a part hereof ("Developer's Property"); and WHEREAS, Developer proposes to develop a portion of Developer's Property as a residential development ("project") which will be called Victoria Oaks; and WHEREAS, in order to facilitate provision of adequate public facilities for development concurrent with the impacts of development, to encourage the efficient use of resources, to reduce the economic cost of development, and to afford certainty in the construction of the roadway system contemplated herein, the County and the Developer desire to establish by agreement the terms under which said improvements are to be constructed; and WHEREAS, County is the legal entity responsible for the construction and maintenance of Jenkins Road and requires this Agreement for the construction of a portion of Jenkins Road to connect to Kings Highway, as more particularly defined on Exhibit 2 ("Victoria Park-Way") and its related paving, drainage, lighting, landscaping and other infrastructure required by the County for the construction of similar roadways ("Victoria Park-Way Improvements") and the compliance with the provisions of this agreement. NOW, THEREFORE, for and in consideration of these premises, the mutual undertaking and conditions contained and assumed herein, the receipt and sufficiency of which are hereby acknowledged, the Developer and the County hereby covenant and agree as follows: -1- 1) Recitals. The recitals contained herein above are true and correct and are incorporated herein by reference. 2) Responsibilities. b)a Improvements. The Victoria Park-Way Improvements shall include the dedication and/or conveyance of the land underlying same to the County and will be shown by the Developer on the approved plans for the construction of the Victoria Park-Way Improvements, which shall be incorporated into this Agreement upon the County's approval. b)b Design. Developer shall cause its professional engineers, registered in the State of Florida, to design the Victoria Park-Way Improvements in accordance with all applicable regulations, standards and specifications adopted by the County as of the date of this Agreement. Such design shall be subject to the approval of the County Engineer and shall conform to the written criteria of the County governing ro'ad construction ultimately to be accepted by County for ownership, operation and maintenance. County reserves the right to charge reasonable fees commensurate with the costs to County of reviewing such engineering plans and furnishing to Developer's engineer information regarding same. The plans, once approved, are hereinafter referred to as the" Approved Plans". b)c Construction. Developer will construct the Victoria Park-Way Improvements in accordance with the Approved Plans utilizing a licensed general contractor ("Developer's Contractor"). The form of the contract for construction shall be a standard AlA form. The contract will provide that the Contractor shall provide a public construction bond in accordance with Section 255.05, Florida Statutes. County shall have the right to inspect all of the Victoria Park-Way Improvements and to cause the Developer's engineer to conduct such tests thereon as are required by the Florida Department of Transportation for roadway construction substantially similar to the Victoria Park-Way Improvements at prescribed and agreed upon intervals to confirm that the Victoria Park-Way Improvements are being constructed in accordance with the Approved Plans and consistent with all other County applicable written criteria and specifications. If requested by the County, the Developer's engineer of record and/or the County's engineer or authorized inspector shall be present at all tests pertaining to the Victoria Park-Way Improvements. County reserves the right to charge an inspection fee not to exceed 1 % of the hard costs of the construction of Victoria Park- Way Improvements paid to Developer's Contractor. County reserves the right to charge Developer the applicable pennit fee for road construction and recording costs. b)d Conveyance. The Developer shall, within thirty (30) days following completion of construction of the Victoria Park-Way Improvements, conveyor dedicate to the County the Victoria Park-Way Right-Of-Way and Victoria Park-Way Improvements. Such conveyance shall be by Special Warranty Deed in form reasonably satisfactory to the -2- County Attorney of St. Lucie County ("County Attorney"), together with such evidence as may be reasonably requested by County Attorney that the Victoria Park-Way Right- Of-Way transferred to County is free and clear of all liens, encumbrances and encroachments. Such conveyance shall be made without cost to County, with each party bearing its own respective legal and paralegal fees and costs. To the extent that any portion of the Victoria Park-Way Improvements is personal property, Developer shall convey such personal property to County by Bill of Sale in form reasonably satisfactory to the County Attorney, together with such evidence as may be reasonably requested by County Attorney that the Victoria Park-Way Right-Of-Way transferred to County is free and clear of all liens, encumbrances and encroachments. Such conveyance shall be made without cost to the County, with each party bearing its own respective legal and paralegal fees and costs. Costs. Developer shall maintain accurate cost records of all professional fees (including legal, surveying, title, and engineering fees) and all construction and other hard and soft costs reasonably relating to this Agreement and the Victoria Park-Way Improvements. Said costs shall include the value of the land contributed on the following basis: The greater of the following (if applicable): iv)i 120% of the value as assessed for ad valorem tax purposes by the Office of the Property Appraiser of St. Lucie County; or iv)ii The value as determined by virtue of the Independent Property Appraisal, subject to the Required Property Review Appraisal, as provided by the applicable ordinances of St. Lucie County. iv)iii If the Developer does not institute the valuation process as contemplated in (b) above, the value as provided in (a) above, shall establish the fair market value for the property to be dedicated. (collectively, the "Costs"). The Costs shall include reimbursements to the County for plan review fees, inspection fees, permi t fees and similar reimbursements under this Agreement. The Costs shall be furnished to the County contemporaneously with, and as prerequisite for, the acceptance by County of the Victoria Park-Way Improvements. 3) Road Impact Fee Credits Pursuant to the Code of Ordinances of St. Lucie County, Florida, the County shall provide to the Developer for non-site related improvememts and dedications against the Developer's County road impact fees (collectively, "Road Impact Fee Credits") up to the Costs the Developer incurs in connection with the Victoria Park-Way Improvements. Any Road Impact Fee Credit authorized by the Board of County Commissioner for St. Lucie County shall be done consistent with the requirements of Section 1-17-33.1 of the Code of -3- Ordinances for St. Lucie County. To the extent that there are sums not so credited because the Costs and land values exceed the amount of road impact fees payable by Developer ("Credit ShortfalJ"), the Credit ShortfalJ shalJ be subject to further reimbursement as set forth below. 4) Refundable Advances. To the extent that the Developer is entitled to Road Impact Fee Credits and the same are not credited, the Developer shalJ be entitled to a contingent refund of such sums to the extent of the Credit Shortfalls, based upon the inclusion of the Victoria Park-Way Improvements in concurrency certification applications by persons, firms or corporations owning and developing properties located between the intersection of future Victoria Park-Way and Kings Highway and the intersection of future Victoria Park-Way and future Jenkins Road ("Future Users"). See Exhibit 2. The County and the Developer shall execute a Credit Agreement providing that the Developer shall, to the extent of the Credit Shortfan, be paid the road impact fees paid by all Future Users to the extent of the Credit Shortfall. The term of this obligation shall be limited to ten (10) years after the date of conveyance of the Victoria Park-Way Improvements to the County. Notwithstanding the forgoing, if a Municipal Service Benefit Unit ("MSBU") is created which includes the Victoria Park-Way Improvements, the project shalJ be included in the MSBU and the MSBU shan immediately pay the Credit Shortfall. 5) Agreement Contingency. Developer's construction of the Victoria Park-Way Improvements is contingent upon the Developer obtaining County approval of final site plan for the project consisting of 738 dwelJing units and final adjudication of any judicial administration of any judicial administrative challenge to the site plan. 6) Notice. Until further written notice by either party to the other, an notices provided for herein shalJ be in writing and transmitted by messenger, by mail or by fax and, if to the Developer, shan be mailed to Developer at: as to Developer: Jenkins Road 90, LLC and Kings Highway 80, LLC (address) and if to the County at: St. Lucie County c/o County Attorney's Office 2300 Virginia A venue -4- Fort Pierce, FL 34982 7) Recordation of Agreement. This Agreement shall be recorded at Developer's expense in the Public Records of St. Lucie County, Florida. 8) Remedies. In the event of a default hereunder, the non-defaulting party shall have all remedies at law or equity, including the remedy of specific perfonnance. In the event of any litigation relating to this Agreement, the prevailing party shall be entitled to recover all expenses and costs incurred, including reasonable attorney's fees and paraprofessional fees, including, but not limited to, appeals, bankruptcy and collection. 9) Time of Essence. Time is of the essence with respect to each provision of this Agreement which requires that action be taken by either party within the stated time period, or upon a specified date. 10) Venue. The venue of any litigation arising out of this Agreement shall be St. Lucie County, Florida. The parties hereto knowingly, voluntarily and intentionally waive the right each has or may have to a trial by jury with respect of any litigation brought by any party based on any right, obligation, tenn or covenant under or in connection with this Agreement or any course of conduct, course of dealing, statements (whether oral or written) or actions of either party and their respective officers, directors, managers, employees or agents. This provision is a material inducement for the parties entering into this Agreement. 11) Headings. The headings contained in this Agreement are for convenience of reference only, and do not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 12) Pronouns. In this Agreement, the use of any gender will be deemed to include all genders, and the use of the singular will include the plural, wherever it appears appropriate from the context. 13) Waivers. The failure or delay of any party at any time to require perfonnance by another party of any provision of this Agreement, even if known, will not affect the right of that party to require -5- performance of that provision or to exercise any right, power or remedy, and any waiver by any party of any breach of any provision of this Agreement should not be construed as waiver of any continuing or succeeding breach of provisions, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in this case will, of itself, entitle a party to any other or further notice or demand in similar or other circumstances. 14) Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. 15) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 16) Construction. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. 17) Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof and supersedes all prior agreements or understandings made in connection with the subject matter. No modification or amendment of this Agreement shall be binding upon the parties unless the same is in writing and signed by the party to be bound. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORlDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney -6- WITNESSES: JENKINS ROAD 90, LLC Print Name: BY: Print Name: Title: Print Name: WITNESSES: KINGS HIGHWAY 80, LLC Print Name: BY: Print Name: Title: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2006, by , the of JENKINS ROAD 90, LLC, a Florida Limited Liability Company, who is _ personally known to me, or _ who has produced as identification and who did! not take an oath. Notary Seal Notary Public, State of Florida Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2006, by , the of KINGS HIGHWAY 80, LLC, a Florida Limited Liability Company, who is _ personally known to me, or _ who has produced as identification and who did/ not take an oath. -7- Notary Seal G:\A TIY\AGREEMN1Wictoria Park,doc Notary Public, State of Florida Print Name: My Commission Expires: -8- ..~ .-. ...:~_~:~:::::::...~~:m_...~_.... . .-.-......... - . ",' . '" . ,. - i V \' c-fõ 12./ A IL.-S J LEGAL DESCRIPT ON PARCEL I THE SOUTH ONE-HALF 0 THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUART£ . LESS AND EXCEPT THE EAST 42 AND ONE- HALF FEET OF THE SOU H 170 FEET THEREOF AND THE EAST THREE QUART RS OF THE SOUTHEAST ONE-QUARTER OF THE 50UTHWEST ONE-QUARTE t ALL IN SECTION I. TOWNSHIP 35 SOUTH. RANGE 39 EAST, AND THE WEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTE . AND THE .SQUTH 12 FEET OF THE NORTH ONE-HALF Of THE SOUTHWEST ONE- QUARTER OF THE SOUTH EST ONE-QUARTER. AND d THE SOUTH ONE-HALF 0 THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTE OF SECTION I, TOWNSHIP 35 SOUTH. RANGE 39 EAST. EXCEPTING THER FROM ALL RIGHTS-OF-WAY FOR PUBLIC ROADS AND DRAINAGE CANALS NO FURTHER EXCEPTING THEREFROM A PARCEL IN THE NORTHWST CORNER OF THE ABOVE DESCRIBED ;! PROPERTY FRONTING ON KINOS HIGHWAY AND MORË PARTICULARLY !' DESCRIBED AS FOLLOWS- THE SOUTH 12 FEET OF THE EAST 3,:33.23 FEET OF THE WEST 433.23 FEET OF THE NORTH ONE-HALF 0 THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTE AND THE NORTH 188 fEET OF THE EAST 333.23 FEET OF THE WEST 433.23 FEET OF' THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTE OF rHE SCIUTHWEST ONE -QUARTER OF . SECTION I, TOWNSHIP 5 SOUTH. F:ANGE 39 EAST. ST. LUCIE COUNTY. FLORIDA. LESS AND EXCEPT THAT PARCEL CONVEYED TO STATE OF FLORIDA DEPARTMENT OF TRANSP RTATION IN DEED RECORDED IN OFFICIAL RECORDS BOOK 248. P E 646 of THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA. I,: PARCEL 2A THE EAST 620 FEET 0 THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUART R OF SOUTHWEST ONE-QUARTER LESS THE SOUTH 210 FEET OF T E NORTH 240 FEET OF THE WEST 210 FEET OF THE EAST 290 FEET. SECTION I. TOWNSHIP ::55 SOUTH, RANGE 39 EAST. ST. LUCIE COUNTY. FLORIDA, LE S THE EAST 42.5 FEET fOR NORTH ST. LUCIE WATER MANAGEMENT DISTRICT CANAL -31. PARCEL 28 THE SOUTH 210 FEET OF THE. NORTH 240 FEET OF THE: WEST 210 FEET OF THE EAST 290 FEET 0 THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE -QUART R OF S;OUTHWEST ONE - QUARTER OF SECT! ON I. TOWNSH 1 P 35 SOUTH. ANGE ~i9 EAST. OF THE PUBLl C RECORDS OF ST. - LUCIE COUNTY t FLORI A. PARCEL 3 THE SOUTH 12 FEET 0 THE EAST :333.23 FEET OF THE WEST :433.23 FEET OF THE NORTH 0 E-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ON -QUARTER AI~O THE NORTH 188 FEEt OF THE EAST 333.23 FEET OF THE WE:ST 4'33.23 FEET OF THE SOUTH ONE-HALF OF'-:1 n fA THE SOUTHWEST ONE-Q ARTER OF THE SOUTHWEST ONE-QUARTER OF pHI) I -I-. SECTION I. TOWNSHIP 35 SOUTH. !RANGE 39 EAST. ST. LUCIE COUNTY. - _.~_u. fQs,e (df'~ 2:0 39\;1d SO'139N'ï1 '\1IH1NA8 952:SSÞE2:U lS : S 1 9002: IE 1/2:0 .~ ...--.... e)c' H I~í 1---- .. ~~~~' .'.~ ,::¡.;'\";'''' "'.'., 'M," ... ~u;,.);::E).\;--...:...:...;W....." ..1....};¡,)·oI~.:.c.~' ;)I:t..._..a....._~..._..-_......._.- -- '-~_'_~"""'''''''''''~:'''''~'''''''''.'''~-''''.'-''''''''.''' .. 0- -- ''<'' , ~~""~~....~;,.,,,....'''-'''~~-..,,,......- -,."' SO·139N\;1 \;1IHINAJ %(;99ÞE(;LL 19: 91 900(; IE 1/(;0 E0 39'v'd I SQaZ i61 H3gui~O .- .. iIt:. .. ." .... _ I I I SSl 'ON 3S~3:) 11;"· .-.-..--.-.---.,.. _.__...,......._....._.....,-_..~...~:..:::':==:.===::-~-=--=:=-~-::~':"~.;,;",-=",.:..;!! 1_. ._ ,'!~N~ , . - LEGAL DESCRIPTION THE SOU H ONE-HALF Of THE NORTHWEST ONE-QUARTER OF THE SOU THE TONE -QUARTER THE SOUTH 13.00 FEET OF THE NORTH ONE- HALf OF THE NORTHWEST ONE-QUARTER OF .THE SOUTHEAST ONE- QUARTER AND THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE OUTHEAST ONE -QUARTER OF SECTION 1. TOWNSHIP 35 SOUTH. RANGE 3 EAST, 5T. LUCIE COUNTY. FLORIDA, LESS AND EXCEPT THE WEST 5250 FEET THEREOF FOR RIGHT-OF -WAY. TOGETHE WITH: THE SOU H ONE"HALF OF THE NORTHEAST ONE-QUARTER OF THE SOUTHE TONE -·QUARTER AND THE SOUTH 13 fEET OF THE NORTH ONE- HALF OF THE NORTH£J~T ONE-QUART£R OF THE SOUTHEAST ONE- QUARTER, SECiJOIN 1, TOWNSHIP 35 SOUTH. RANGE 3Q EAST. ST. LUCIE COUNTY. LORIOA, LESS AND EXCEPT THE EAST 168 FEET THEREOF fOR ROAD AN CAN.AJ.. RIGHTS-OF-WAY. TOGETHE THE NOR ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHE T ONE -QUARTER OF SECTION 1. TOWNSHIP 35 SOUTH RANGE 39 EAST, ST. UCJE COUNTY, FLORIDA. LESS .AND EXCEPT RIGHT-Of-WAY FOR N.S.L.R. W. .0. CANAl NO. 30. COMMENC AT THE SOUTHEAST CORNER OF SECTION 1. TOWNSHIP 35 SOUTH, R GE 39 EAST AND RUN NORTH, ALONG THE EAST LINE OF S~D SECTION 1 TOWNSHIP 35 SOUTH, RANGE 39 EAST. A DISTANCE OF 39.52 FEET TO POINT; THENCE RUN PARALLEL TO THE SOUTH LINE OF SAID SECTION 1 ON A BEAAING OF S 89- 59'21" W. A DISTANCE OF 1,037.83 FEET; THENCE R N N DO- 04':~211 W. A DI5T ANCE Of 284.30 FEET; THENCE S 6ge 59'56" W. A DISTANCE OF 92.9 FEET; THENCE N 00· 04132" W TO THE NORTH LIN OF THE SOUTH ONE-HALF Of THE SOUTHEAST ONE-QUARTER OF THE S UTHEAST ONE-QUARTER OF THE ÞFORESAlD SECTION 1. TOWNSHIP 35 SOUTH, RANGE 39 EAST; THENCE RUN N 89- 59'2211 E A DISTANCE F 1.131.51 FEET, MORE OF LESS, TO THE WEST RIGHT-OF-WAY LINE OF T E N.S.l.. W .M.D. CANAL · 30; THENCE TURN AND RUN SOUTH ALONG SA! RIGHT-OF-WAY LINE TO THE POINT Of BEGINNING. AND EXCEPT RIGHT-Of-WAY FOR FLOYD JOHNSON ROAD. IN TOTAL 9'1.070 ACRES, MORE OR LESS SUBJECT T EASEMENTS, RESERVATIONS AND RIGHTS-Of-WAY Of RECORD. Þ0 3Ð\;1d ) __ ,"\\!!AY ~ r-- -r I I , I J . I I II iiil I ë ,I Ir~ ':: ! I I I' n i , r I I , I I , I .. :a ~ .. ,. :: i'i ... ž µ : D L¡ 11 ~i -.. . :.- ~ B . . .. -< Iii I II Ii I I II S! I.. I, !~ ~~- ~z___ "'~ ~o 1'1 !i -= ~~ - ~ - ~UJI,p,-ÇMW..~- - - - - - - - - - : i r- 1'1 ---------- VIC.íQI<¡A 6A~£ eXH l(bli 2 1S:S1 9006/E1/60 SOl3ÐN\;1 \;1IH1N^8 966SSÞE6LL ROAD CONTRIBUTION AND CONSTRUCTION AGREEMENT Re: Jenkins Road Improvements Development: Eagle Bend This Agreement made and entered into this _ day of , 2006, by and among ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"), and P280 LAND LLC, a Florida limited liability company ("Developer"). RECIT ALS WHEREAS, Developer is the owner of certain property located within St. Luci-e County known as Eagle Bend which is approximately 280 acres, and is more particularly described on Exhibit 1 (Legal Description) attached hereto and made a part hereof ("Developer's Property"); and WHEREAS, Developer proposes to develop a portion of Developer's Property as a residential development ("project") which will be called Eagle Bend; and WHEREAS, in order to facilitate provision of adequate public facilities for development concurrent with the impacts of development, to encourage the efficient use of resources, to reduce the economic cost of development, and to afford certainty in the construction of the roadway system contemplated herein, the County and the Developer desire to establish by agreement the terms under which said improvements are to be constructed; and WHEREAS, County is the legal entity responsible for the construction and maintenance of Jenkins Road and requires this Agreement for the construction of a portion of Jenkins Road to connect to Angle Road, as more particularly defined on Exhibit 2 ("Jenkins Road Right-of- Way") and its related paving, drainage, lighting, landscaping and other infrastructure required by the County for the construction of similar roadways ("Jenkins Road Improvements") and the compliance with the provisions of this agreement. NOW, THEREFORE, for and in consideration of these premises, the mutual undertaking and conditions contained and assumed herein, the receipt and sufficiency of which are hereby acknowledged, the Developer and the County hereby covenant and agree as follows: 1) Recitals. The recitals contained herein above are true and correct and are incorporated herein by reference. -1- 2) Responsibilities. b)a Improvements. The Jenkins Road Improvements shall include the dedication and/or conveyance of the land underlying same to the County and will be shown by the Developer on the approved plans for the construction of the Jenkins Road Improvements, which shall be incorporated into this Agreement upon the County's approval. b)b Design. Developer shall cause its professional engineers, registered in the State of Florida, to design the Jenkins Road Improvements in accordance with all applicable regulations, standards and specifications adopted by the County as of the date of this Agreement. Such design shall be subject to the approval of the County Engineer and shall conform to the written criteria of the County governing road construction ultimately to be accepted by County for ownership, operation and maintenance. County reserves the right to charge reasonable fees commensurate with the costs to County of reviewing such engineering plans and furnishing to Developer's engineer information regarding same. The plans, once approved, are hereinafter referred to as the "Approved Plans". b)c Construction. Developer will construct the Jenkins Road Improvements in accordance with the Approved Plans utilizing a licensed general contractor ("Developer's Contractor"). The form of the contract for construction shall be a standard AIAform. The contract will provide that the Contractor shall provide a public construction bond in accordance with Section 255.05, Florida Statutes. County shall have the right to inspect all of the Jenkins Road Improvements and to cause the Developer's engineer to conduct such tests thereon as are required by the Florida Department of Transportation for roadway construction substantially similar to the Jenkins Road Improvements at prescribed and agreed upon intervals to confirm that the Jenkins Road Improvements are being constructed in accordance with the Approved Plans and consistent with all other County applicable written criteria and specifications. If requested by the County, the Developer's engineer of record and/or the County's engineer or authorized inspector shall be present at all tests pertaining to the Jenkins Road Improvements. County reserves the right to charge an inspection fee not to exceed 1 % of the hard costs of the construction of Jenkins Road Improvements paid to Developer's Contractor. County reserves the right to charge Developer the applicable permit fee for road construction and recording costs. b)d Conveyance. The Developer shall, within thirty (30) days following completion of construction of the Jenkins Road Improvements, conveyor dedicate to the County the Jenkins Road Right-Of-Way and Jenkins Road Improvements. Such conveyance shall be by Special Warranty Deed in form reasonably satisfactory to the County Attorney of St. Lucie County ("County Attorney"), together with such evidence as may be reasonably requested by County Attorney that the Jenkins Road Right-Of-Way transferred to County is free and clear of all liens, encumbrances and encroachments. Such conveyance shall be made without cost to County, with each party bearing its own respective legal and paralegal fees and costs. -2- To the extent that any portion of the Jenkins Road Improvements is personal property, Developer shall convey such personal property to County by Bill of Sale in form reasonably satisfactory to the County AttorneY, together with such evidence as may be reasonably requested by County Attorney that the Jenkins Road Right-Of-Way transferred to County is free and clear of all liens, encumbrances and encroachments. Such conveyance shall be made without cost to the County, with each party bearing its own respective legal and paralegal fees and costs. Costs. Developer shall maintain accurate cost records of all professional fees (including legal, surveying, title, and engineering fees) and all construction and other hard and soft costs reasonably relating to this Agreement and the Jenkins Road Improvements. Said costs shall include the value of the land contributed on the fonowing basis: The greater of the following (if applicable): iv)i 120% of the value as assessed for ad valorem tax purposes by the Office of the Property Appraiser of 51. Lucie County; or iv)ii The value as determined by virtue of the Independent Property Appraisal, subject to the Required Property Review Appraisal, as provided by the applicable ordinances of 51. Lucie County. iv)iii If the Developer does not institute the valuation process as contemplated in (b) above, the value as provided in (a) above, shall establish the fair market value for the property to be dedicated. (collectively, the "Costs"). The Costs shall include reimbursements to the County for plan review fees, inspection fees, permit fees and similar reimbursements under this Agreement. The Costs shall be furnished to the County contemporaneously with, and as prerequisite for, the acceptance by County of the Jenkins Road Improvements. 3) Road Impact Fee Credits Pursuant to the Code of Ordinances of 51. Lucie County, Florida, the County shall provide to the Developer for non-site related improvements and dedications credits against the Developer's County road impact fees (collectively, "Road Impact Fee Credits") up to the Costs the Developer incurs in connection with the Jenkins Road Improvements. Any Road Impact Fee Credit authorized by the Board of County Commissioner for S1. Lucie County shall be done consistent with the requirements of Section 1-17-33.1 of the Code of Ordinances for S1. Lucie County. To the extent that there are sums not so credited because the Costs and land values exceed the amount of road impact fees payable by Developer ("Credit Shortfall"), the Credit Shortfall shall be subject to further reimbursement as set forth below. 4) Refundable Advances. -3- To the extent that the Developer is entitled to Road Impact Fee Credits and the same are not credited, the Developer shall be entitled to a contingent refund of such sums to the extent of the Credit Shortfalls, based upon the inclusion of the Jenkins Road Improvements in concurrency certification applications by persons, firms or corporations owning and developing properties located between the intersection of future Jenkins Road and Angle Road and Jenkins Road and Orange Avenue ("Future Users"). See Exhibit 2. The County and the Developer shall execute a Credit Agreement providing that the Developer shaH, to the extent of the Credit Shortfall, be paid the road impact fees paid by all Future Users to the extent of the Credit Shortfall. The term of this obligation shall be limited to ten (10) years after the date of conveyance of the Jenkins Road Improvements to the County. Notwithstanding the forgoing, if a Municipal Service Benefit Unit ("MSBU") is created which includes the Jenkins Road Improvements, the project shall be included in the MSBU and the MSBU shaH immediately pay the Credit Shortfall. 5) Agreement Contingency. Developer's construction of the Jenkins. Road Improvements is contingent upon the Developer obtaining County approval of final site plan for the project consisting of 999 dwelling units and final adjudication of any judicial administration of any judicial administrative challenge to the site plan. 6) Notice. Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, by mail or by fax and, if to the Developer, shall be mailed to Developer at: as to Developer: P280 Land, LLC 1951 NW 19th Street Suite 200 Boca Raton, Florida 33431 and if to the County at: St. Lucie County c/o County Attorney's Office 2300 Virginia A venue Fort Pierce, FL 34982 7) Recordation of Agreement. This Agreement shaH be recorded at Developer's expense in the Public Records of 5t. Lucie County, Florida. 8) Remedies. -4- In the event of a default hereunder, the non-defaulting party shall have all remedies at law or equity, including the remedy of specific performance. In the event of any litigation relating to this Agreement, the prevailing party shall be entitled to recover all expenses and costs incurred, including reasonable attorney's fees and paraprofessional fees, including, but not limited to, appeals, bankruptcy and collection. 9) Time of Essence. Time is of the essence with respect to each provision of this Agreement which requires that action be taken by either party within the stated time period, or upon a specified date. 10) Venue. The venue of any litigation arising out of this Agreement shall be St. Lucie County, Florida. The parties hereto knowingly, voluntarily and intentionally waive the right each has or may have to a trial by jury with respect of any litigation brought by any party based on any right, obligation, term or covenant under or in connection with this Agreement or any course of conduct, course of dealing, statements (whether oral or written) or actions of either party and their respective officers, directors, managers, employees or agents. This provision is a material inducement for the parties entering into this Agreement. 11) Headings. The headings contained in this Agreement are for convenience of reference only, and do not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 12) Pronouns. In this Agreement, the use of any gender will be deemed to include all genders, and the use of the singular will include the plural, wherever it appears appropriate from the context. 13) Waivers. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, will not affect the right of that party to require performance of that provision or to exercise any right, power or remedy, and any waiver by any party of any breach of any provision of this Agreement should not be construed as waiver of any continuing or succeeding breach of provisions, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in this case will, of itself, entitle a party to any other or further notice or demand in s"imilar or other circumstances. 14) Binding Effect. -5- This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. 15) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 16) Construction. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. 17) Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof and supersedes all prior agreements or understandings made in connection with the subject matter. No modification or amendment of this Agreement shall be binding upon the parties unless the same is in writing and signed by the party to be bound. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney WITNESSES: P280 LAND, LLC Print Name: By: Print Name: Title: -6- Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2006, by , the of P280 LAND, LLC, a Florida Limited Liability Company, who is _ personally known to me, or _ who has produced as identification and who did! not take an oath. Notary Seal Notary Public, State of Florida Print Name: My Commission Expires: G:\A TIY\AGREEMN1\Eagle Bend.doc -7- · 02/13/2005 15:12 7723455295 CYNTHIA ANGELOS PAGE 02 "--' --..J EAGLE BEND LEGAL DESCRIPTION PARCEL I: THE NORTHEAST ONE-QUARTER, LESS THE WEST ONE- F OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QU TER, AND THE NORTH ONE-HALF OF THE NORTH ONE-llALF OF TIlE SOUT AST ONE- QUARTER, LESS THE SOUTH 13 FEET THEREOF AND LESS R AD AND CANAL RIGHTS-OF-WAY OF RECORD, LYING IN SECTION 1, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. PARCEL 2: THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER, LESS THAT PORTIONL YING IN THE CENTRAL AND SOUTH FLOIUDA F S CON1ROL DISTRICT AND LESS THAT PORTION LYING IN ANGLE ROA RIGHT-OF- WAY, AND THE NORTH ONE-HALF OF THE NORTHWEST ON -QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 6, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LYING AND BEING IN ST. LUCIE COUNTY, LORIDA. AREA OF PARCEL 1 IS 178.852 ACRES, MORE OR LESS. AREA OF PARCEL 2 IS 99.865 ACRES, MORE OR T;ESS. TOTAL SITE AREA IS 278.717 ACRES, MORE OR LESS. ~ R G L£- Pi£,¡..J) r-. " t LIP ,'"I'"'" !L- ° 02/13/2006 16:12 7723455296 CVNTHIA ANGELOS PAGE 03 111 , . ". .IOt1NSOfC PIÈftŒ AC:W;J .-J II -=-. :.:. :- ....:. .... -= -.. .....--: :..... -: :...: :- --= : = : : -: ~ :- -= : = : :..:-: :-=. :-.-: : :::. : ~ :..: .. --.:. . 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FZABWARR FUND 001 001001 001159 001164 001166 001179 001257 001404 001814 101 101002 101003 101004 101006 101213 102 102001 105 107 107001 107002 107006 115 118 129 129310 130 140 150 160 183 183003 183004 183006 185005 185006 185008 204 215 217 282 310003 315 316 316001 37004 ST. LUCIE COUNTY - BOARD WARRANT LIST #26- 25-MAR-2006 TO 31-MAR-2006 FUND SUMMARY TITLE General Fund Recreation Special Events FTA Section 5303 Grant FY 04 USDOJ Violence Against Women Grant Section 112/MPO/FHWA/Planning 05 CSBG FY 06 TDC Planning Grant F/Y 06 05 CSBG Sup Diaster Recovery Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT 25th St. Widening Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Court Related Technology Sheraton Plaza Fund Paradise Park Fund Southern Oak Estates Lighting Kings Hwy Industrial Park Lighting Parks MSTU Fund FRDAP Grant-Lawnwood Recreation Com SLC Public Transit MSTU Port & Airport Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.-County Teen Court Ct Adrnin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY04/05 FHFA SHIP FY05/06 FHFA Hurricane Housing Recovery Communication System I&S Fund Sales Tax Revenue Bonds I&S Fund State Revenue Sharing Bonds I&S Fnd Environmental Land I&S Fund Impact Fees-Public Buildings County Building Fund County Capital Transportation Capital Grey Twig Lane MSBU EXPENSES 2,384,558.97 4,000.00 147.26 19,509.85 3,245.69 1,105.45 224.77 649.04 362.49 20,180.43 99,671.83 38,492.67 29,326.47 88,445.22 434,674.39 39,960.67 11,515.33 1,934.85 3,047,306.79 2,744.99 14,302.43 61,122.58 520.07 718.81 121. 46 493.52 174,915.00 1,500.00 1,334.51 42,390.52 5,040.83 4,140.55 1,015.68 172.50 1,876.58 19.71 173,820.14 667.26 1,910.88 841,575.00 1,646,140.64 248,843.76 162,205.00 129,549.09 884,063.83 33,058.68 201,925.35 67,239.10 PAGE PAYROLL 776.95 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 03/~lt06 . ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #26- 25-MAR-2006 TO 31-MAR-2006 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 382 Environmental Land Capital Fund 14,000.00 0.00 39007 Indian River Estates MSBU 26,149.67 0.00 401 Sanitary Landfill Fund 140,128.31 0.00 418 Golf Course Fund 23,635.42 0.00 451 S. Hutchinson Utilities Fund 32,696.84 0.00 458 SH Util-Renewal & Replacement Fund 2,934.61 0.00 461 Sports Complex Fund 25,574.92 0.00 471 No County Utility District-Operatin 57,525.03 0.00 478 No Cty Util Dist-Renewal & Replace 8,941.18 0.00 479 No Cty Util Dist-Capital Facilities 285,645.13 0.00 491 Building Code Fund 39,035.02 0.00 505 Health Insurance Fund 2,736.65 3,535.84 611 Tourist Development Trust-Adv Fund 19,270.80 0.00 GRAND TOTAL: 11,607,014.22 4,312.79 2 " AGENDA REQUEST ITEM NO.C2A DATE: April 4, 2006 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 06-112 Extending the State of Emergency for Hurricane Wilma BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 06-112 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: RENCE: DG APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 D uglas Anderson County Administrator County Attorney: y Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff.5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-540 DATE: March 28, 2006 SUBJECT: Resolution No. 06-112 Extending the State of Emergency for Hurricane Wilma ************************************************************************** BACKGROUND: Attached is a copy of draft Resolution No. 06-112 extending the state of emergency for Hurricane Wilma until April 13, 2006 at 6:00 a.m. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 06-112, as drafted. Daniel S. McIntyr County Attorney DSM/caf Attachment RESOLUTION NO. 06-112 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE WILMA) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator arid 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 October 22, 2005, at 6:00 a.m. due to Hurricane Wilma. 3. The effect of Hurricane Wilma 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 April 13, 2006 at 6:00 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 April 6,2006 at 6:00 a.m. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XXX Vice Chairman Chris Craft XXX Commissioner Paula A. Lewis XXX Commissioner Joseph E. Smith XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 4th day of April, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~ AGENDA REQUEST ITEM NO. £JJJ DATE: April 4, 2006 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 06-014 - Establishing the Celebration Pointe Community Development District BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board grant permission to advertise Ordinance No. 06-014. COMMISSION ACTION: RENCE: l'] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do 91as Anderson County Administrator County Attorney: 9 ./!/ I.- Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: .06-511 DATE: March 22, 2006 SUBJECT: Ordinance No. 06-014 - Establishing the Celebration Pointe Community Development District - Permission to Advertise AAAAAAAAAAAA***************************AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 06-014 which, if adopted, would establish the Celebration Pointe Community Development District, a residential development located on North Jenkins Road between Okeechobee Road and Orange Avenue. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 06-014. Daniel S. McIntyre County Attorney DSM/caf Attachment ORDINANCE NO. 06-014 AN ORDINANCE AMENDING CHAPTER 1- 6.5 "COMMUNITY DEVELOPMENr' Of THE CODE Of ORDINANCES Of ST. LUCIE COUNTY, fLORIDA; ESTABLISHING THE CELEBRATION POINTE COMMUNITY DEVELOPMENT DISTRICT; ESTABLISHING THE BOUNDARIES Of THE DISTRICT; DESIGNA TING THE INITIAL MEMBERS Of THE BOARD Of SUPERVISORS Of THE DISTRICT; PROVIDING SPECIAL CONDITIONS; PROVIDING fOR CONfLICTING PROVISIONS; PROVIDING fOR SEVERABILITY; PROVIDING fOR APPLICABILITY; PROVIDING fOR fILING WITH THE DEPARTMENT Of STATE; PROVIDING fOR EffECTIVE DATE; PROVIDING fOR CODIfICATION; AND SETTING fORTH THE VOTE ON ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. The Board is authorized, pursuant to Sections 125.01 and 190.005, Florida Statutes, to establish community development districts that are less than 1,000 acres in size and located within the unincorporated areas of the County. 2. Mercedes Homes has filed with the Board a petition for the establishment of a community development district, which petition contains the information required by Section 190.005(1)(a), Florida Statutes. 3. In accordance with Section 190.005(1)(d) and 2(b), Florida Statutes, the Board held a public hearing on , 2006, after publishing notice of such hearing in the Tribune on ,2006, ,2006, ,2006 and ,2006 and: (a) The Board has considered the record of the public hearing and the factors set forth in Section 190.005(1)(e), Florida Statutes, and has found that: (b) All statements contained within the petition are true and correct; (c) The creation of this district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan; (d) The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; (e) The district is the best alternative available for delivering the community development services and facilities to the area that will be served by the district; (f) The community development services and facilities for the district will be compatible with the capacity and uses of the existing local and regional community development services and facilities; and, (g) The area that will be served by the district is amenable to separate special district government. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE XII OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, AS AMENDED TO READ: ARTICLE XIV "CELEBRATION POINTE" COMMUNITY DEVELOPMENT DISTRICT": Section 1-6.5-155. Established: name The Celebration Pointe Community Development District is hereby established. Section 1-6.5-156. Boundaries The boundaries of the Celebration Pointe Community Development District are as set forth in the legal description below. Celebration Pointe CDD - Legal Description See Exhibit "A" attached hereto and incorporated herein. Section 1-6.5-157 Initial Board of Supervisors The ollowin ive ersonS are desi nated as the initial members 0 the Board 0 Supervisors of the Celebration Pointe Community Development District: Robert M. Kush. Ken Mitchell. James L. Sigmund. Rob Smithwick and Kevin Gillen. Section 1-6.5-158. Special Conditions The following special conditions shall apply to the creation. operation. and existence of Celebration Pointe Community Development District: 1 The exercise of the powers and responsibilities of the Celebration Pointe Community Development District shall be limited to the following: or extend the following: To finance. fund. plan. establish. acquire. construct or reconstruct. enlarge o erate and maintain s stems acilities and basic in rastructures or .úù Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges; (Q) Water supply. sewer. and wastewater management. reclamation. and reuse or any combination thereof. and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains. conduits. or pipelines in. along. and under any street. alley. highway. or other public place or ways. and to dispose of any effluent. residue. or other byproducts of such system or sewer system. provided that the District's exercise of power under Section 190.012(1)(b). Florida Statutes. pertaining to water. wastewater and reuse water service is limited to constructing transmission and distribution lines. The District acknowledges that the County or Fort Pierce Utilities Authority will provide water and wastewater service to the property. The District shall not construct or operate any plants or facilities to provide water or wastewater capacity to the lands within the District or obtain service from third parties without the written consent of the County under such terms and conditions deemed appropriate by the County; W Bridges or culverts that may be needed across any drain. ditch. canal. floodway. holding basin. excavation. public highway. tract. grade. fill. or cut and roadways over levees and embankments. and to construct any and all of such works and improvements across. through. or over any public right-of-way. highway. grade. fill. or cut; fQ) 1 District roads equal to or exceeding the specifications of St. Lucie County and street lights. 2. Buses. trolleys. transit shelters. ridesharing facilities and services. parking improvements. and related signage; W Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; ill Conservation areas. mitigation areas. and wildlife habitat. including the maintenance of any plant or animal species. and any related interest in real or personal property; (g) educational uses; Parks and facilities for indoor and outdoor recreational. cultural and (h) Fire prevention and control. including water mains and plugs. (but excluding fire stations. fire trucks and other vehicles and equipment); ill School buildings and related structures. which may be leased. sold or donated to the school district. for use in the educational system. when authorized by the district school board; and. ill Security. including. but not limited to. guardhouses. fences and gates. electronic intrusion detection systems. and patrol cars. when authorized by proper governmental agencies; except that the District may not exercise any police power. but may contract with the appropriate local general-purpose governmental agencies for an increased level of such services within the District boundaries. 2. The district will use its best efforts to develop in an integrated fashion the traffic circulation. water. and sewer facilities on the district property as one functional interrelated community. ~ The district shall take no action which is inconsistent with the comprehensive plan. ordinances or regulations of St. Lucie County. 4. No publicly owned property that may be located or acquired within the legal description of this Community Development District shall be assessed for. or obligated in any way to pay for the infrastructure constructed. maintained. or operated by the Community Development District described in section 1.6-5.151 above. 5. The district shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the district. Such information shall be made available to all existing residents. and to all prospective residents. of the district. The district shall furnish each developer of a residential development within the district with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy. and any developer of a residential development within the district. when required by law to provide a public offering statement. shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement. 6. Following the establishment of the Celebration Pointe CDD. as provided for in Sections 1-6.5-155 and 1-6.5-156 above. each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the district shall include. immediately prior to the space reserved in the contract for the signature of the purchaser. the following disclosure statement in boldfaced and conspicuous type which is larger than the type in the remaining text of the contract: liTHE (Name of District) COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEW . TAXES OR ASSESSMENTS. OR BOTH TAXES AND ASSESSMENTS. ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION. OPERATION. AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LA W." 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 be held 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 throughout St. Lucie County's jurisdiction. PART E. 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. PART F. 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: Chairman Douglas Coward Vice Chairman Chris Craft Commissioner Joseph E. Smith Commissioner Paula A. Lewis . Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, 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 ADOPTED this _ day of ,2006. BOARD OF COUNTY COMMISSIONERS ATTEST: Deputy Clerk ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney EXHIBIT "A" Parcel 1: The Southwest.1/4 of the Southwest 1/4 of the Northwest 1/4 LESS the West 40 feet for right-of-way and LESS canal right-of-way, Section 18, Township 35 South, Range 40 East. Parcel 2: The East 1/2 of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4 lying West of Canal 29, in Section 18, township 35 South, Range 40 East. Parcel 3: The South 330.42 feet of the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4, LESS the north 97.32 feet of the West 143 feet of the East 163 feet AND the South 330.52 feet of the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 and the North 1/4 of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 and the North 1/4 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 18, Township 35 South, Range 40 East LESS road right-of-way. Parcel 4: The South 1/4 of the Northwest of the Northeast 1/4 of the Southwest 1/4 and the South 1/4 of the Northeast 1/4 of the Northwest 1/4 of the Southwest 1/4 AND the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4, LESS the South 330.52 feet and LESS a Tract 143 feet x 207.28 feet and the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 LESS the South 330.52 feet of Section 18, Township 35 South, Range 40 East. LESS road right-of-way. Parcel 5: The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4, LESS canal right-of- way, and the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4, LESS the East 40 feet and Southwest 1/4 and the North 1/4 of the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 LESS the North 30 feet of the East 5 feet of Section 18, Township 35 South, Range 40 East. Parcel 6: The North 3/4 of the West 1/2 of the Northwest 1/4 of Section 18, Township 35 South, Range 40 East, Less and Except the West 40 feet for road right-of-way and Less and Except Road and Canal rights-of-way. ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. i AGENDA REQUEST ITEMNO.~¿t. Date: April 4, 2006 Regular [ ] Public Hearing [ Consent [ X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Changes to Art in Public Places Guidelines BACKGROUND: See C.A. No. 06-461 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board approve changes to Art in Public Places Guidelines. ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: Dougla . Anderson County Administrator County Attorney: /2- Coordina tionfSitrna tures Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicab1e): INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 06-461 DATE: April 4, 2006 SUBJECT: Approval of change to Art in Public Places Guidelines BACKGROUND: The Art in Public Places program was established by Ordinance No. 99-07 and amended by Ordinance No. 00-30. These guidelines implement that program and were approved by the Board on September 6, 2000. The original guidelines established the Public Art and Design Committee. At its March 1, 2006, meeting the Public Art and Design Committee voted to recommend changing its name to the Art in Public Places Committee. On March 14, 2006, the Cultural Affairs Council also voted to recommend the name change. The term "Art in Public Places" is a more accurate description of the work done by the committee and is used by other similar organizations nationwide. RECO M M EN DATION I CONCLUSION: Staff recommends that the Board approve the new Art in Public Places Guidelines. The only change that has been made is that every reference to "Public Art and Design" has been changed to "Art in Public Places." Respectfully submitted ~/~~ Assistant County Attorney HL/ G: \A 1TY\LU EKE\06-461. wpd -1- ART IN PUBLIC PLACES GUIDELINES ST. LUCIE COUNTY ART IN PUBLIC PLACES PROGRAM 1.0 PURPOSE 1.0 These guidelines are adopted by the Board of County Commissioners, St. Lucie County, Florida, upon the recommendation of the St. Lucie County Cultural Affairs Council for the purpose of establishing procedures for implementing the art in public places program required under Ordinance No. 99-07 ("Art in Public Places"), as amended by Ordinance No. 00-30. 2.0 GOALS 2.0 The primary goals ofthe public art program are to create a better visual environment for the citizens of St. Lucie County, to integrate the design work of artists into the development of County public works projects, and to promote tourism and economic vitality of the County through the enhancement of public spaces. Specifically, the art in public places program seeks: A. To implement the goals of the overall County capital improvement program through the incorporation of the art and design skills of artists. B. To further the mission and goals of St. Lucie County by providing support and developmental opportunities for visual artists. C. To include AIPP concerns from the initial stages of an eligible capital project. D. To select artists for projects whose art and collaborative design efforts represent the highest level of quality and integrate. E. To develop the public art components of capital improvement projects suitable to the particular demands of each project and to select artists appropriate to those projects. F. To ensure AIPP requirements are included in the RFP documents for eligible capital proj ects. G. To select artists who will best respond to the distinctive characteristics ofthe project site and the community the facility serves. H. To select artists who can work successfully as members ofthe overall project design teams. -1- 1. To identify and develop participation by St. Lucie-based and South Florida artists in St. Lucie art in public places projects. 3.0 DEFINITIONS. 3.1 Accessioning means the steps taken by the Cultural Affairs Division to designate and record an artwork as part of the County Art Collection. 3.2 Acquisition means the inclusion of an artwork in the pennanent County Art Collection, whether by means of commissioning, purchase, gift or any other means. 3.3 AIPP Liaison means the County employee designated by the County Administer to serve a coordinator ofthe County's AIPP Program and liaison to the Cultural Affairs Council and the public on matters relating to the AIPP Program. 3.4 Artist Design Services means professional services by visual artists to develop designs for artworks or other architectural, landscape or urban design elements, either individually or as a member of a project design team. 3.5 Artwork means works in a variety of media produced by professional visual artists. The public art program should encompass the broadest possible range of expression, media and materials. Works may be pennanent or temporary, functional or non- functional. 3.6 Board means the Board of County Commissioners, St. Lucie County, Florida. 3.7 Council means the St. Lucie County Cultural Affairs Council. 3.8 County means St. Lucie County, Florida. 3.9 Deaccessioning means the removal of an artwork from pennanent display, whether it is disposed of by the County or not. 3.10 Professional Visual Artist means a person who has established a reputation of artistic excellence, as judged by peers, through a record of exhibitions, public commissions, sale of works or educational attainment. 3.11 Art in Public Places Committee means a qualified citizen committee appointed by the Board and the Council to oversee the County's public art program. The Committee shall be responsible for developing the annual Art in Public Places Plan, ensuring the quality ofthe artworks created under the program, and developing budgets and scope ofindividual public art projects. The Committee shall be advisory to the Council and shall be chaired by a member of the Council. The Committee should be comprised -2- of artists, arts professionals, architects, designers, collectors and other persons who are qualified to oversee a public art program. The Committee shall be comprised of nine (9) persons. Each of the County Commissioners shall appoint one member to the Committee whose tenn shall run concurrent with that of the Commissioner appointing him. The remaining four (4) members shall be appointed by the Council and shall serve staggered two year tenns. The Board and the Council shall strive for equal representation from the municipalities and the unincorporated areas of the County in making appointments to the Committee. No member of the Committee shall serve more than two consecutive full tenns, plus any partial tenn to which the member may be appointed. Art in Public Places Committee members shall serve without compensation. 3.12 Art in Public Places Plan means a prioritized list of public art projects with budgets and recommended design approach, updated on an annual basis by the Art in Public Places Committee in consultation with County agencies anticipating capital improvements projects. This Plan will be subject to preliminary approval by the Cultural Affairs Council and final approval by the Board of County Commissioners. 3.13 Public Art Trust Fund means a separate capital fund which is established by the County to receive moneys which are appropriated to the public art program. 4.0 DEVELOPMENT OF ANNUAL ART IN PUBLIC PLACES PLAN 4.1 The Art In Public Places Committee staffliaison shall review with the Management and Budget Manager all planned capital improvement projects to detennine if they are eligible for public art treatment. In general, eligible projects should be identified as early as possible, prior to appropriation by the Board and, whenever possible, prior to the selection of the project architect, or engineer. 4.2 The AIPP Liaison shall make the public art calculation for inclusion in the project budgets, in consultation with Art in Public Places Committee Liaison. 4.3 The AIPP Liaison shall review, with the Management and Budget Manager and the staff of various County departments, the projected capital project allocations and shall confinn that appropriations for art have been made and moneys transferred into the Public Art Trust Fund. This transfer will take place within thirty (30) days of the date the Board awards the construction contract of an eligible project. 4.4 The AIPP liaison shall discuss each eligible project with the assigned architectural and departmental staff to develop a project description, budget and timeline. 4.5 The AIPP liaison shall present upcoming capital projects to the Art in Public Places Committee which will, on an annual basis, create the Art in Public Places Plan. This -3- Plan shall include the proposed art projects, establish the art budgets, recommend the specific approach to art in each of the projects and define the artist selection processes. 4.6 The annual Art in Public Places Plan shall be presented to the Council for review and presentation to the Board for final approval. This presentation shall take place consistent with the schedule for adoption of the County capital budget each year. 4.7 The Council may, from time to time during the course of the year, recommend modifications to the Art in Public Places Plan. The Board shall review and approve any changes in sites or dollar allocations in the approved Art in Public Places Plan. 5.0 USE OF FUNDS 5.1 Inclusions. A. Funds from eligible construction projects shall be allocated within the Public Art Trust Fund for artist design services and the acquisition or commissioning of artworks for the County Art Collection. Moneys in this category may be expended for artist design fees, proposals/drawings/maquettes, artist travel and expenses, artwork purchase/commissioning/acquisition, artwork fabrication or materials, shipping and crating, insurance, architect or other designer fees if the project is a collaboration, engineering fees, installation or placement of artworks, site preparation, framing, exhibition or display of artworks, or other purposes deemed necessary by the Council for the implemation of the program. B. Up to fifteen percent (15%) of the funds from eligible construction projects may be allocated within the Public Art Trust Fund for program support costs and community education activities. Moneys in this category may be expended for artist selection costs, travel and honoraria for panelists, project consultants, identifying plaques, documentation, public amenities, dedications, advertising and publicity, community education activities, contracted services and other purposes deemed necessary by the Council for the administration of the program. C. Up to fifteen percent (15%) of the funds from eligible construction projects shall be allocated within the Public Art Trust Fund for curatorial services, insurance, and for the preservation and maintenance of the County Art Collection, including the development of a survey and condition report at least once every five (5) years. -4- D. Whenever possible, the County shall contract with, and make payments to artists, rather than galleries or artists' agents. 5.2 Eligible Artworks. It is the policy of the Board and the Council that all artworks commissioned or acquired under the public art program be designed by professional visual artists. Such artworks may include, but are not limited to, the following: A. Sculpture: free-standing, wall supported or suspended, kinetic, electronic; in any material or combination of materials. B. Murals or portable paintings; in any material or variety of materials, with or without collage or the addition of non-traditional materials or means. C. Earthworks, fiberworks, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media including sound, literary elements, film, holographic images, and video systems; hybrids of any media and new genres. D. Furnishings or fixtures, including but not limited to gates, railings, streetlights, signage, seating, if created by artists as unique elements or limited editions. E. Artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist. F. Temporary artworks or installations, if such artworks serve the purpose of providing community and educational outreach purposes. G. The incremental costs of infrastructure elements, such as soundwalls, utility structures, roadway elements and other items if designated by an artist or design team that included an artist as a co-designer. H. Transportation enhancement projects as set forth in the following order of priority or preference: (1) Visual enhancement of facilities for pedestrians and bicycles. (2) Scenic or historic highway programs, including the provision of tourist and welcome center facilities. (3) Landscaping and other scenic beautification projects. (4) Historic preservation. -5- (5) Rehabilitation and operation of historic transportation buildings, structures, or facilities, including historic railroad facilities. (6) Preservation of abandoned railway corridors, including the conversion and use thereof for pedestrian or bicycle trails. 5.3 Ineligible Artworks. A. "Art objects" which are mass produced or of standard manufacture, such as playground equipment, fountains or statuary elements, unless incorporated into an artwork by a project artist. B. Reproductions by mechanical or other means, or original works of art, except in the cases of film, video, photography, printmaking or other media arts. C. Decorative, ornamental, architectural or functional elements which are designed by the building architect, as opposed to elements created by an artist commissioned for that purpose. D. Landscape architecture and landscape gardening except where these elements are designed by a professional visual artist and/or are an integral part of the artwork by the artist. E. Services or utilities necessary to operate and maintain an artwork over time. 6.0 RESPONSIBILITIES. 6.1 The Board shall: A. Review and approve the annual Art in Public Places Plan. B. Appropriate moneys to the Public Art Trust Fund as part ofthe annual capital budgeting process. C. Approve fonn contracts for various methods of purchase of design services and artworks. D. Approve individual projects from the Annual Plan prior to the signing of agreements with the selected artist. E. Appoint five (5) members ofthe Art in Public Places Committee. -6- 6.1 The Council shall: A. Have overall responsibilities for managing the program, including recommending rules, regulations, policies and guidelines consistent with the AIPP ordinance, to the Board. B. Monitor the overall development of the County art program, including ensuring that 81. Lucie-based and regional artists are represented in the program and ensuring that the program is reflective of community diversity. C. Provide for the care and maintenance of artworks, including the development of regular surveys of the condition of the collection. D. Preliminarily approve the annual Art in Public Places Plan based on the Art in Public Places' Committee recommendations and present the plan to the Board for final approval. E. Appoint four (4) members of the Art in Public Places Committee. F. Approve a pool of artist selection panelists based on recommendations from the Art in Public Places Committee. G. Review and approve the recommendations of artists from the artist selection panels, following Art in Public Places Committee review and recommend dollar amounts of contracts. H. Review and approve proposed gifts and long-term loans of public art to the County (when the proposed loan or gift is valued in excess of$25,000 based on a professional appraisal supplied by the donor), upon recommendation from the Art in Public Places Committee. 1. Oversee the process of deaccessioning artworks from the County Art program. J. Periodically review and recommend changes in the public art ordinance, policies, guidelines and procedures to the Board. 6.3 The Art in Public Places Committee shall: A. Develop the annual Art in Public Places Plan, with budgets, approaches to art, selection processes and timelines for projects. B. Oversee the development of, and review, the maintenance survey of the -7- condition of the County art collection. C. Review proposed loans, donations and gifts of artworks to the County and long-term exhibitions on County-owned property and make recommendations to the Council. D. Develop a concise written charge to each artist selection panel which outlines the project objectives and parameters, a suggested approach to the art selection (including a recommendation of honoraria for artist designs), without limiting the artists or artworks the panel may consider and which designates whether or not the proj ect is intended to be a design co llaboration. E. Recommend a pool of artist selection panelists to the Council. F. Review and recommend to the Council the results of the artist selection panels. Should the Art in Public Places Committee not approve an artist selection, the Committee shall refer the matter back to the artist selection panel for further consideration. This referral shall be accompanied by a written statement regarding why the matter has been referred back to the panel. Should the Council not approve an artist or artwork recommendation made by the Art in Public Places Committee, it shall refer the matter back to the Art in Public Places Committee for further consideration. The Art in Public Places Committee may alter its prior recommendation by a majority vote or it may reaffirm its prior recommendation by a two-thirds vote. In the event of a reaffirmation ofthe original recommendation by a two-thirds vote, the recommendation of the Art in Public Places Committee shall be final. G. Periodically review and recommend changes in the public art ordinance, polices, guidelines and procedures to the Council. 6.4 The County Department with an eligible capital improvement project shall: A. Determine, in consultation with the Council which projects are eligible for art treatment, the amount of public art money available and whether the project is appropriate for a design collaboration. B. Provide the Council with information on the capital improvement program, budgets and schedules. C. Designate a departmental representative to participate in the artist selection process, when appropriate. D. Inform the project architect of the artist involvement III the capital -8- improvement project and the method of artist selection. E. Review the maintenance needs survey for artworks owned by the Department. 6.5 The Artist Selection Panel shall: A. Be composed in most cases of at least five voting members including one member of the Art in Public Places Committee, two artists or arts professionals (designer, curator, collector, public art administrator, etc.), one representative from the County department at which the project will be located and one representative from the community. The artist selection panel may also include one or more non-voting advisors, including a) the proj ect architect, b) the proj ect manager, and c) other persons deemed proj ect appropriate by the Art in Public Places Committee or the AIPP Liaison. The composition of each Artist Selection Panel will depend on the nature of each project and site. When the art budget for a project exceeds $50,000, normally one panelist will be a nationally recognized public artist or public art professional. B. Be chaired by a Council member or an Art in Public Places Committee member. C. Develop the project based on the charge from the Art in Public Places Committee, including site, medium/media, scope of proj ect, method of artist selection, local/regional/national significance of the project, and other relevant considerations. D. Review the credentials, prior work, proposals and other materials submitted by the artist for the proj ect. E. Recommend to the Art in Public Places Committee an artist or artists to be commissioned for the project, or who will be engaged to join the design team for the project, or whose existing work is to be purchased for the project. F. Respond to the charge of the Art in Public Places Committee, outlining how the selection of the artistes) or artwork meets the criteria for the project. G. Be sensitive to the public nature of the project and the necessity for cultural diversity in the public art program. 6.6 The Artist(s) shall: A. Submit credentials, visuals, proposals and/or project materials as directed for -9- consideration by the artist selection panel. B. Conduct necessary research, including attending project orientations and touring project sites, when possible. C. If selected, execute and complete the artwork or design work, or transfer title of an existing artwork, in a timely and professional manner. D. Work closely with the project manager and/or other design professionals associated with the project. E. Submit to the Art in Public Places Committee, or to the Council, as appropriate, and significant changes in the scope of the project, color, material, siting or design of the approved artwork. F. Make a public presentation, conduct a community education workshop, or do a residency at an appropriate time and forum in the community where the artwork will be placed, as required by the contract. 7.0 CONFLICTS OF INTEREST· Artists (or members of their immediate families) serving as members of the Councilor the Art in Public Places Committee may not be commissioned under, or receive and direct financial benefit from, any County public art project during the term of their tenure on the Council or Committee. An artist servicing on an Art S election Panel may not be considered for that project, but may be eligible for other projects. Members of the Art Selection Panels shall declare any conflict of interest and abstain from voting if a conflict of interest arises. 8.0 SELECTION OF ARTISTS 8.1 Selecting the "appropriate" artist, whether to create a discrete artwork or to participate in a design collaboration, is the single most important decision in the public art to process. Special care must be taken in all aspects of artist selection in order to ensure the best possible public art project, taking into account the goals of the project, the community served, the nature of the site, and the other members of the design team. 8.2 Eligibility Requirements for each project will be established by the Art in Public Places Committee. A. Artists will be selected on the basis oftheir qualifications as demonstrated by past work, appropriateness of the proposal to the particular project and its probability of successful completion. -10- B. Specifically excluded are artworks done by students under the supervision of art instructors or done to satisfy course requirements; artworks by the design architect (or other relevant professionals or members of the project design finn); artworks by County employees; and works by artists who are members of, or related to, staff or members of the Council, the Art in Public Places Committee or the artist selection panel for the project. C. In general, selection of artists will be without regard to race or gender of the artist. D. Normally, selections will involve commissioned work by living artists. In general, the purchase of existing works will not be considered, unless there are extraordinary circumstances that make this approach advisable for a particular project. 8.3 Methods of Selecting Artists. A. Direct Selection - artistes) chosen directly by the artist selection panel. Generally, direct selection will not be employed except on those projects where an open or limited call for entries would be inappropriate or impractical, such as a very urgent proj ect timeline or very specific proj ect requirements. B. Limited Competition - artist invited by the artist selection panel to submit credentials or proposals. C. Open Competition - any artist may submit credentials or proposals, subject to any requirements established by the artist selection panel or the Art in Public Places Committee. Calls for entries for open competitions will be sufficiently detailed to permit artist to determine whether their work is appropriate to the proj ect under consideration. D. Mixed Process - any combination of the above approaches. 8.4 Criteria for Selection of Artists or Artworks. A. Quality - of highest priority are the design capabilities ofthe artistes) and the inherent quality of the artwork(s). B. Media - all forms of visual arts may be considered, subject to any requirements set by the artist selection panel or the Art in Public Places Committee. -11- C. Style - artworks of all schools, styles, and tastes should be considered for the County art program. D. Nature - artworks should be appropriate in scale, material, form and content for the immediate social and physical environments with which they relate. E. Permanence - consideration should be given to structural and surface integrity, permanence and protection ofthe artwork against theft, vandalism, weathering, excessive maintenance and repair costs. F. Elements of design - consideration should be given to the fact that public art is a genre that is created in a public context and that must be judged by standards that embrace factors other than aesthetic, including public participation, social and political attitudes, and functional considerations. Public art may also serve to establish focal points; terminate areas; modify, enhance or define specific spaces; establish identify; or address specific issues of urban design. G. Public liability - artworks should be examined for unsafe conditions of factors that may bear on public liability. H. Diversity - the Public Art Program should strive for diversity of style, scale and media. The program will also strive for an equitable distribution of artworks throughout the County, subject to sources of proper funding. 1. The artist selection process and acquisition policies should ensure that the interests of all concerned parties are represented, including the public, the arts community and the County Department. 9.0 COUNTY ART COLLECTION REVIEW STANDARDS. 9.1 At least once in every five-year period, the County Art Collection should be evaluated by the Art in Public Places Committee or an independent agency, for the purposes of collection management and in order to assess the collection's future. The County shall retain the right to deaccession any work of art acquired by the County, regardless ofthe source of funding for the particular artwork. 9.2 A review process shall be established by the Art in Public Places Committee to meet the following objectives: A. Establish a regular procedure for evaluating artworks in the County Art Collection. -12- B. Establish standards for the acquisition of artworks by the County. C. Ensure that deaccessioning of artworks is governed by careful procedures. D. Insulate the deaccessioning process from fluctuations in taste - whether on the part of the County, the Councilor the public. 9.3 A review process for acquisitions to the County Art Collection shall use the following criteria: A. Acquisitions should be directed toward artworks ofthe highest quality. B. Acquisitions of artworks into the County Art Collection implies a commitment to the ongoing preservation, protection, maintenance, and display ofthe artworks for the public benefit. C. Acquisition of artworks, whatever the source of funding, should imply permanency within the County Art Collection, so long as the physical integrity, identity, and authenticity are retained, and so long as the physical sites for the artworks remain intact. D. In general, artworks should be acquired without legal or ethical restrictions as to future use and disposition, except with respect to copyrights and any other clearly defined residual rights that are incorporated into the contracts with the artist. E. A legal instrument of conveyance, transferring title ofthe artwork and clearly defining the rights and responsibilities of all parties, should accompany all acquisitions. Complete accessioning records should be created and maintained for all artworks by the Council and the County's Purchasing Department. F. Deaccessioning should be a seldom employed action that operates with a strong presumption against removing artworks from the County Art Collection. G. Artwork may be considered for review toward deaccessioning from the County Art Collection if one or more of the following conditions apply: H. The site for the artwork has become inappropriate because the site is no longer accessible to the public or the physical site is to be destroyed or altered in a significant way. -13- 1. The artwork is found to be fraudulent or not authentic. J. The artwork possesses demonstrated faults of design or workmanship. K. The artwork causes excessive or unreasonable maintenance. L. The artwork is damaged irreparably, or to an extent where repaIr IS unreasonable or impractical. M. The artwork represents a physical threat to public safety. N. A suitable place for display ofthe artwork no longer exists. O. The artwork is not, or is rarely, displayed. P. A written request for deaccessioning has been received from the artist. 9.4 Unless there is a significant issue of public safety, or the site for a public artwork has been lost, no artwork will be considered for deaccessioning unless the artwork has been in the County Art Collection for a minimum often years. 10.0 PROPOSED GIFTS OR LOANS OF ARTWORKS TO THE COUNTY. 10.1 A review process shall be established by the Art in Public Places Committee to meet the following objectives: A. Provide uniform procedures for the review and acceptance of gifts or loans of artworks to the County. B. Vest in a single County agency the responsibility for ensunng the management and maintenance of the County Art Collection. C. Facilitate planning for the placement of artworks on County-owned property. D. Maintain high artistic standards for artworks displayed in County facilities. E. Provide appropriate recognition for donors of artworks to the County. 10.2 This review process shall use the following criteria: A. Aesthetic considerations to ensure artworks of the highest quality, based on a detailed written proposal and concept drawings for the proposal, or photographs of an existing artwork, documentation ofthe artists professional -14- qualifications and a current certified appraisal of the value of the artwork. B. Financial considerations based on the cost of installation, sources of funding for the project, a maintenance agreement between the County and the donor, and the estimated cost of maintenance and repair over the expected life ofthe artwork. C. Liability associated with the artwork, based on the susceptibility of the artwork to damage and vandalism, potential danger to the public, and special insurance requirements. D. Environmental considerations, based on the physical appropriateness of the artwork to the site and the scale of the artwork. 10.3 Exceptions to the Review Process. A. Proposed gifts of artworks which have a current appraised value of less than $25,000. B. Gifts of state presented to the County by foreign governments or by other political jurisdictions of the United States which may be accepted by the Board or the County administration on behalf ofthe County shall be reviewed as follows: Permanent placement or artworks shall be determined jointly by the appropriate County Department and the Council, subject to the approval of the Board. Appropriate recognition and publicity shall be the responsibility of the County department with jurisdiction over the site of permanent placement of the artwork(s). If not provided by the donor, maintenance of the artwork(s) shall be the responsibility of the department with jurisdiction over the site, in consultation with the AIPP Liaison. C. Artwork(s) or exhibitions loaned for display on County-owned property for ninety (90) days or less shall not be subject to the standard review process. Review and approval shall be the responsibility of the County department with jurisdiction over the site of the display or exhibition. 11.0 MAINTENANCE AND CONSERVATION OF COUNTY ART COLLECTION. 11.1 A review process shall be established by the Art in Public Places Committee to meet the following objectives. A. To ensure regular maintenance of artworks in the County Art Collection to preserve them in the best possible condition. -15- B. To provide for the regular inspection for condition and location of artworks in the County Art Collection. C. To establish a regular procedure for effecting necessary repairs to artworks in the County Art Collection. 11.2 Responsibilities. A. Artist (1) Within the tenns of the contract, the artist shall guarantee and maintain the artwork against all defects of material or workmanship for a period of one (1) year following installation. (2) Within the tenns of the contract, the artist shall provide the Art in Public Places Committee with detailed drawings ofthe installation of the artwork and with detailed instructions regarding routine and extraordinary maintenance of the artwork. (3) Within the tenns ofthe contract, all repairs and restorations which are made to the artwork within the lifetime of the artist shall have the mutual agreement of the County and the artist, and to the extent practical, the artist shall be given the opportunity to accomplish such repairs at a reasonable fee. B. County Departments. (1) All routine maintenance and repairs of artworks (i.e. cleaning) shall be the responsibility of the County Department housing the artwork, in consultation with the AIPP Liaison. Each County department that houses the artworks shall notify the AIPP Liaison whenever it believes an artwork requires attention. (2) For all non-routine maintenance, County departments shall not effect any cleaning, maintenance or repairs to artworks without the prior written authorization of the AIPP Liaison. (3) County departments shall not move any artwork from the site for which it was selected and installed, nor remove any artwork from display, without the prior written authorization of the AIPP Liaison. C. AIPP Liaison. -16- (1) The AIPP Liaison shall be responsible for overseeing all maintenance, cleaning and curatorial services for the County Art Collection. (2) The AIPP Liaison shall provide for a survey, at least every five years, of the County Art Collection, including the present location and condition of each artwork and recommendations regarding needed maintenance and/or repairs. This survey shall be presented to the Board for review and comment. (3) Within procedures recommended by the Art in Public Places Committee, this regular inspection may be accomplished by the AIPP Liaison, trained volunteers or by an outside finn or individual contracted to accomplish these services. (4) The Art in Public Places Committee shall evaluate the Collection survey and report it to the Council. (5) On the basis of the Collection survey, the Art in Public Places Committee shall, for those artworks needing attention recommend: a) that no action be taken; b) that staff negotiate maintenance and repairs with the County department housing the artwork; c) that repairs be accomplished, in whole or in part, by a professional conservator; or d) that the work be considered for deaccessioning. (6) Each County department housing artwork shall, in consultation with the AIPP Liaison, provide funds for routine maintenance of the artworks under their control, as part of the annual budget process. (7) It shall be each County department's responsibility to assign a staff member to handle routine maintenance. This shall include, where appropriate, ensuring specifications for contracted specialized services (i.e. cleaning). This staff shall consult with the AIPP Liaison prior to any handling or maintenance to ascertain what procedures are required. 12.0 PROVISION FOR REVIEW AND AMENDMENT. These guidelines are subject to periodic review and revision by the Art in Public Places Committee, Council and the Board. ST. LUCIE CULTURAL AFFAIRS COUNCIL POLICY ON ARTIST RIGHTS -17- 1.0 PURPOSE 1.1 The St. Lucie Cultural Affairs Council has a goal to create a climate wherein artists will thrive and receive the economic benefits of, and recognition for their work. For that reason, it is important that the artist retain control over the integrity of their artwork and receive equitable compensation for their creative endeavors. 2.0. POLICY 2.1 The St. Lucie Cultural Affairs Council strives to ensure the following rights to artists, which will be embodied in County contracts for the commissioning or purchases of works of art: A. Recognizing that successful public art is generally inseparable from the site for which it is created, the County will not move or remove an artwork unless its site is destroyed or the use of the space has changed. Should it become necessary to move or remove an artwork, the County will make reasonable efforts to consult with the artist before effecting any removal or relocation. However, the County reserves the right to move or remove the artwork without notification in emergency situations where an immediate threat to property or public safety is present. B. Recognizing the importance of preserving the integrity of an artwork, the County will not intentionally alter, modify or destroy and artwork. Nevertheless, if an artwork owned by the County is significantly altered, modified or destroyed, whether intentionally or unintentionally, the artist shall have the right to disclaim paternity or authorship of the artwork. Should an artist choose to exercise this disclaimer, the County shall, upon written request by the artist, remove any plaques, labels or other identifying materials that associate the work with the artist. C. The integrity of an artwork also depends upon regular conservation and maintenance. The County commits to the periodic inspection of the artworks in the County Art Collection and to make reasonable efforts to ensure that each artwork is properly and professional maintained. D. The County agrees to make its best effort to accomplish repairs in accordance with any maintenance and repair instructions the artist has provided to the County at the time of acquisition. The County shall make reasonable efforts to notify the artist before undertaking repairs or restorations to the artwork, during the lifetime ofthe artist. Where practical, the artist will be consulted and given an opportunity to accomplish the repairs or restorations at a reasonable fee. The County reserves the right to make minor and/ore -18- emergency repairs without prior notification. E. The artist retains all copyrights associated with artworks acquired by the County. The County agrees that it will not copy or reproduce the artwork in any way, or pennit third parties to do so, without the prior written pennission of the artist. Notwithstanding this policy, the County reserves the right to make photographs or other two-dimensional representations of the artwork for public, non-commercial purposes, such as catalogues, brochures and guides. Any commercial uses, such as images 0 f the artist's work on T-shirts, coffee mugs, souvenirs, or other items intended for sale, shall require the prior written pennission of the artist. F. Recognizing that many contemporary public artworks are manufactured by skilled craftsmen or other third party contractors, the County will make every effort to pennit the artist to exercise quality control and supervision of the actual construction or fabrication of the artwork, if the artwork is being fabricated or manufactured under contract to the County. -19- ST. LUCIE CULTURAL AFFAIRS COUNCIL POLICY ON COMMUNITY OUTREACH 1.0 PURPOSE 1.1 The St. Lucie Cultural Affairs Council recognizes that public art often takes forms that challenge public awareness. The long term success or failure ofthe Art in Public Places program may depend upon significant efforts on the part of the Cultural Affairs Division to reach out to the public in the form of community outreach and public education programs. These efforts can create a context in which the citizens can better understand and appreciate the artworks. 2.9 POLICY 2.1 The St. Lucie Cultural Affairs Council will commit to making meaningful community outreach and public education a part of every Art in Public Places project. This will ensure that the citizens ofSt. Lucie County have full access to the artworks created under this program. Possible activities might be: A. Efforts to raise the level of general awareness about public art, such as slide lectures or presentations to various community groups and service organizations; a regular program of media coverage; and periodic "townhall" meetings in Commission districts. B. Community involvement in the artist selection process, including appropriate community meetings before the proj ect is defined; community representation on the artist selection panels; community co-sponsorship of Art in Public Places projects; and public "unveilings" or dedications. C. More formal public education programs, including design competitions and design awards; sponsorship of public art lectures by local museums and galleries; guided tours of public art in the County; and periodic symposia on public art and urban design. D. A concentrated program for school children that includes the development of curricula guides for Art in Public Places; sponsorship of artist residencies in the public schools; and a speaker's bureau on public art for the school system. E. A systemic medial relations effort that targets the local print and broadcast arts reporters; participation by Council members on local media talk shows; and regular press development activities in the form of press releases and media packages. -20- F. A publication program that includes catalogs and guides to the County Art Collection; a newsletter to interested citizens; and the creation of posters to accompany the unveiling of new artworks. -21- ST. LUCIE CULTURAL AFFAIRS COUNCIL POLICY ON LOCAL VS. NON-LOCAL ARTISTS 1.0 PURPOSE 1.1 The St. Lucie Cultural Affairs Council recognizes that public art programs can serve more than one purpose. While the primary objective of a program is the enhancement of public spaces in St. Lucie County for the general benefit of its citizens, a Art in Public Places program can also be an important tool in developing the community of artists who reside in St. Lucie County and the South Florida region. 2.0 POLICY 2.1 The St. Lucie Cultural Affairs Council will seek a balance over time in the awarding of contracts for Art in Public Places projects among St. Lucie-based, Florida and national artists. Factors such as the size of the Art in Public Places project, the level of visibility ofthe public site and the availability of outside funding all may influence the decision on the part of the Cultural Affairs Council to seek artists from a local, regional or national pool of artists. 2.2 Recognizing that it is difficult for St. Lucie-based artists to participate in public art proj ects unless they have previous experience, the St. Lucie Cultural Affairs Council will seek special opportunities to develop a growing pool of St. Lucie-based artists with experience in public art. -22- ~ ) AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: BACKGROUND: RECOMMENDATION CONCLUSION: COMMISSION ACTION: ITEM NO. C2D DATE: April 4, 2~~' REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] PRESENTED BY: Katherine Mackenzie-Smith Assistant County Attorney Partial Release of Lien for st. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 92-1196 See attached memo Staff recommends that the Board of County Commissioners authorize the Chairman to sign the attached Partial Release of Lien. CE: "Ii] APPROVED [ ] DENIED r] OTHER: Approved 5-0 [X] Co"" A"m." ~ [X ] Road & Bridge.: [ ]Finance:(check for copy only, If applicable) Dou 1M. Anderson County Administrator Review and Approvals [ ]Management & Budget: [ x ) Parks & Recreation Director [ ]Purchaslng: [ ] Solid Waste Mgr Effective 5/96 INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 06-551 DATE: March 28, 2006 SUBJECT: Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 92-1196 dated October 14, 1992 BACKGROUND: On September 2, 1992, the St. Lucie County Code Enforcement Board in Case No. 92-1196 found property owned by Joram Petersen off Angle Road in Fort Pierce, Florida to be in violation of Sections 102.5, Unsafe Buildings or Systems, of the Standard Building Code of the St. Lucie County Code of Ordinances. On October 14, 1992, the St. Lucie County Code Enforcement Board issued an Order Imposing Fine/Lien to pay a fine of $250.00 per day for every day the violation continued beginning September 30, 1992. The County needs the right of way in front of Mr. Petersen's property on 25th Street to complete the 25th Street Widening project. This was not the location of the violation. Attached is a Partial Release of Lien, which would release the required right- of-way from the County's lien so clear title may be conveyed to the County to complete the 25th Street widening. RECOMMENDATION I CONCLUSION: Staff recommends the Board authorize the Chairman to sign the attached Partial Release of Lien. Respectfully submitted, KMS/cb 1m Katherine Mackenzie-Smith Assistant County Attorney H :\AgendaMemo-KMS-lien.wpd PARTIAL RELEASE OF LIEN St. Lucie County, holder of the instrument described below, in consideration of $10 and other valuable consideration received, does hereby release the following described real property from the following instrument. Subject Instrument: Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 92-1196 dated October 14, 1992 and recorded in Official Records Book 816, Page 258 and re-recorded in Official Records Book 929, Page 1443 in the Public Records of St. Lucie County, Florida. Real Property Released: Right of Way located at 3621 S. 25th Street, Fort Pierce, FL 34982 A PARCEL OF LAND LYING IN SECTION 29, T-35-S, R-40-E, ST. LUCIE COUNTY, FLORDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND NAIL AT THE NORTHEAST CORNER OF THE SOUTHWEST 1j.¡ OF SECTION 29; THENCE S 00 04 '20" E ALONG THE EAST LINE OF SAID SOUTHWEST 1j.¡ A DISTANCE OF 1308.87' FEET; THENCE S 8955'40" W A DISTANCE OF 40.00' FEET TO THE POINT OF BEGINNING; THENCE S 0004'20" E A DISTANCE OF 165.09' FEET; THENCES 8804'25"W A DISTANCE OF 16.15' FEET; THENCENOO 13'19"W A DISTANCE OF 52.00' FEET; THENCE S 89 51 '08" E A DISTANCE OF 9.60' FEET; THENCE N 00 08'52" E A DISTANCE OF 79.69' FEET; THENCE N 89 51'08" WA DISTANCE OF 10.12' FEET; THENCENOO 13'19"W A DISTANCE OF 33.12' FEET; THENCEN 88 04'25"EADISTANCE OF 16.59' FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1912.2 SQUARE FEET MORE OR LESS. THIS PARTIAL RELEASE DOES NOT CONSTITUTE A SA TISF ACTION OR A RELEASE OF ANY PROPERTY OTHER THAN THE PROPERTY DESCRIBED ABOVE. Done this day of ,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: ATTORNEY H1H¡~, '. :I:f~~...~ '~ftJI t-,"" \' f ..01$'1' .', -.... I .,:,~. . 1f~'.!.. jð'ì ! ~ !q~r~·:t }- _ J ~.I. ..... ~I' ¡ ,I I" ;., I .,l: :. ¡. i' I' .e., ~ ~J'",;" I;~ I < l'" 't· . .. ~ ~¡j! I '1' . ,11.'1« ::: ,¡ .. '. ~ ~ ~~ 'f'P'?"'!\! ''ll " ,:~\q;iï~,.' ~~r. ~ ""~ . ~f¡~ h·· ht :;;¡ l;ï¡. )~ lp··.., J ~!,. " '~i~'¡!¡¡ :. .ni' , ì~~t'\~~Ìd !!~. ¡ --:~V'''''¡;1; " "lU¡ 1. }'·:'h;l~î~)\' '~l ' ~ · ;;I.O:"~"t I, . ! .." ~. . 1" 1 'e ~ ¡ !;~5jll!I\1 t1 J . ~ . ¡q,! hJ\ I <II ~~.q§ ¡ >="'~'" ~ ~ C -I %""0 . t' ,^ .. ~"...", z::: ~ VI ~.., ¡¡r;.... t- 0 a:: : i W t ~z~~§~ ~ì tv o....~z~w ~ u..~~(o......ß~ ¡ UN~~1It 0:>0 <C~ 5:~ ~'g~: ~ r ¡:w Z "'a:O w~. ...~~t;<!:: -.::::~ 0 0 ... "'''0 ¿oi;55õ~!~ o .,;¡ t..wg I J: !>~O:I:-I~ ~ÕètZI-~1 ~ ~ !(.t; ~ ~ 7 .c~F~~~:! ,,_-Î ") ~~I!J ~-!~\< n Ii "Ii ~,. {, rk} ~i¡'1 1.. c ~ ';> ,:; ".~..;. 1. '. oj ct , ~l - 'I -·:Œ !>~. I,; . ~ ¥:':I! (Ü~~.~ 5 ¡ ~t ~ .t1I'~~; 1.H . ~ litH I....,~ ~1d , ~; 11;: ~J j\ " \~.. I· 1ij1·· 1!~1" ~ ... ~ Ij~' ~' ! ;: ".J' [". I... ' .~_: ,~1.., Ij. Jr. Ü~HL'j!ï!h!< -4"!~lï iij a ~ i I I" ï' S;lttil¡l. .. § J .J fi .. t ' I . \. f: 1:1 I' j .: J 1: I . s .~iUJ ~L . '. ... . - ...... 'MJ. ,r 'N ;.....··r :; J :- :e ~ '! ! .., 1, " . \-\ .. ..... ~~ ~ J, ~" . . ... ..0, \ I W,j{ I~ ........ \ RJ....'.ÇIH.L.:OJ.-.'V......LOH· ~........ (' ~ l-I L__~'..!.L--- ". .. i j : ~\ '~\. i. í i ~ I ~ 'I H ~,~ M~ I ~ r¡! IiI II : I".:. I. , i I, ':\1 F'" 1", ~,!Ulì ~.~ ~ lHJ1rj: t . ,I, ia, ¡. -~ti!f~fHÛ ~J ~ If h. ¡ I- ~; ; ~HIJ~1 ~ . i .. H ~ ~ , '.' .1.'."\' "UI~ I· íh ,;.. i 1'1 ~ I~~j~~íl~'" .. I 't J r lHI · . !U )ìihìift' ~!1:. _.... 113., "fltl. 1 '1H ~"''''1i''3'tr' ] II 'I' "".' .J., "'. . ~~!A'~"j't!h ! ! ~l .~=t1\i! ;J~ ~ ¡ ,. "'1'""1 ,,~1':> ~ ~ i¡o,¡¡;¡¡H¡ji; ; , o ¡: -~-- .. '"' . to- '. :;: ; .- I' , '\ ~. :~. . ~ tf 11<' *. "". ' V' ~:~;, t':'· ~{ ~~- ;to JI' .. ![';. ).\' ,1',. ~t~ ." ;; ~ ~f' -, I:, ;:~:. .~, ~::: , ~.~:~ ,¡~ '!: J ~ r .. ,.' ìt ~ ~ ~.';.' ~; ~;. J. $, .~r' ',\,1 ···,·:;tj· '~î .;'!.:~;," '. ""'-;- -':'~._... i ::'1 . ",1,' ,. ....1 ·t'~ .,~ , , . \ -,;. .. This. is to certify that the foregoing is 8 true and correct copy of the original of the st. Lucie County Code Enforcement Order Imposing Fine/Lien, Case No. 92-1196 which was entered by the st. Lucie County Code Enforcement Board on October 14, 1992, and which was previously filed on November 17, 1992, in the official records for st. Lucie County at Office Record Book 0816, page 0258. '-f1 OU teuJð 6t. I () ,. 1994. WITNESS my hand this st. Lucie County Code Enforcement Board By: 8, '-¿aj¿J t3¿~ 11), Secretary . (J , LOli.U<. .' " . ,:g·~I~ .,,"~ , '; ',', . J '.,'1 :.'; '.!' 'J :,)'1 . ~;'~ 31 , ~. ;Ð ";"'J ,jJ , ~i ".~~ :xJ"1c" II> ...' 0 n....g- o II> .., PoZII> II> t Po :I: .. 0 II> .... .., a ::;..~ t;;f-I() -hW:; "'(7I~ No ::;W'" ~f-Ig. 0-JII> ;þ () . .... 3: .., . n Ot: :xJ f". ,..,. tp 8:i ~t: .., ,..,. 01 \Den N;t \Dr-' c n .... "'ell> ;þ (;)() tr10 C ::J f-I~ .t,I l> W " :I.J ;~....-... :. "r:'~' .......:.. .: '...':..".~~:::.; ..'.:...::......:.,.,.;:.,.....!:.:<.~. ." J 1/.1 ~!~ 1<:1 ;.rlo. ~ )~ 1:..... ." ~ '-' ST. ~UCIE COUNTY CODE ENFORCEMENT BOARD ORDER IMPOSING FINE/LIEN CASE NO. 92-1196 JORAK O. PETERSEN THIS CAUSE came on for a Fine Hearing before the St. Lucie County Code Enforcement Board on October 7, 1992, after due notice to the Violator, Joram O. Petersen, and the Board having heard testimony under oath, received evidence, and heard argument of counsel, thereupon issues its Findings of Fact, Conclusion of Law, and Order as follows: 1. On September 2, 1992, this Boar( issued its Findings of Fact, Conclusion of Law, and Order determining that a violation of Section 102.5, Unsafe Buildings or Systems, of the Standard Building Code existed on the property described as: From the Northwest corner of Lot 36, HOME ACRES SUBDIVISION, Unit No.2, DS rocorded in Plat Book 7, Page 28, public records of St. Lucie County, ,Florida, run Southeasterly 'along the East side of Angle Road a distance of 22.165 feet to the point of beginning; thence continue Southeaster:y along said road a distance of 79.84 feet; thence with a forward angle to the left of 75 degrees 32 minutes a distance of 124.43 feet; thence with a forward Il:<gle to the left of 78 degrees 32 minutes a distance of 48.00 felot; thence West a distance of 156.82 feet to point ~f beginning. The Violator was given until September 30, 1992, to abate the violation. 2. Based upon the testimony of the Code Enforcement Staff, this Board determines that a violation of Section 102.5, Unsafe Buildings or Systems, of the Standard Building Code continues to exist as the Violator has not repaired or rehabilitated the building to a safe condition on the above described property. 3. Pursuant to the 8,uthori ty granted by Section 162.09, Florida Statute., and Seotion 1-2-25 of the St. Lucie County Code of Ordinances, and after considering the gravity of the violation, any actions taken by the Violator to correct the violation, and any previous violations committed by the Violator, thie Board orders ~;\ the Violator to pay a fine of7¡Ìï-H"A/I1£r:f)nF1y~"..t,jðU-fþ;//::~jZJ5 , for each day the violation continues past S"~¡~.Ä,r ;'C)IIÝfd-. (I , --_...__0.. o :n tp 8 :>; o 'D N 'D '"0 » Ç) [T f-J .¡;. .¡;. .¡;. .....,.....---.-....... !f' .1".:.;\,. . ",""', ":~" ! ,...:J:.", ..~. .""'¡'¡;;~':.." í,,~~ ":'1':; .,~. ,;·~.~'··"h .'1r ':i:"" J)~' "¡»¡r~t ~ . ':,'ill ð..·.I'~. ,...,.t·" ...·f:1t ..._~.._...~...._..._--, ~~~~ ~" , ~, . ~: Þ ,: t ,i, [:'. .. Ir,~ ...iiii ~;n, ...~'¡': "fj, 'tf ;:¡: 'N :¡;;. ;;;' fl"f' ¡~ '\òj .... '-ç:. ,~ ·r. ;t'O\"\~f'I'1\II~' ..:'.4.1'\1; 11\ ~'d' . .' - 2 - . 4. Pursuant to Seotion 162.09, Florida statutes, and Section 1-2-25, st. Luoie County Code of Ordinanoe., this Order may be reoorded in the Publio Reoords of the st. Luoie County, Florida, and ahall oonstitute a lien against the above deecribed property and any other real or personal property owned by the violator. Any Violator reque.ting a rehearing or reoonsideration of the Board'. action must file a written reque.t .etting forth the legal ~. thirty (30) day. of the date of thia order. ground. therefore with the Code Enforcement Board Secretary within ... ~/ f:' /: ¡. I'" .. " í'~ (" ii t' ~ ~ '.: ' ~. ¡,\ ~\ ! t I:· , i: r /' , ï t,.':., r-' DONE AND ORDERED this ('!~ day of October, 1992. ATTEST: flL7..~t.a W, e,._~~, SECRETARY APPROVED AS TO FORM AND CORRECTNESS: ~g~- 'c DE , CEHEN'Í' B ARC '-:> ATTORN I HEREBY CERTIFY that a true and correot copy of the above and foregoing Findings of Fact, Conclu.ion. of Law, and Order has been furniahed by mail to: Joram O. Peter.en 10491 Orange Avenue Fort Pierce, FL 34945-9614 EJ.'-z4A1 fX.L 19J. ~ SECRETARX ellc .,. .,;;i:: 'it '..'f·;' . \..:\ .' 1 o ;¡] 8 ;>:: o It? !V It? "C ;:. G) [T f-J ~ ~ 111 Jj ,,'!'1 , ',', . . , '. . (.! . . .' ... :.. ;I' . , . ....1 ~ . ~. .~. ,._ '. ,"_.... '~,~,..:':'..,",' '. ~ : ~':-- .'.:..:" ~¡,'. . p, ~;" , :;; .õ,Î 'f~ B'l' . LUCIE COUMTY CODE aroltCDDDß' BOIJU) ORDDDCPOSIlfO FIJfZ/LIIDI CASE RO. 92-1196 JORAM O. PETZRBIDI THIS CAUSE came on for a Fine Hearing ì ¡ ¡ befor~ the st. Lucie county COde Enforcement Board on October 7, 1992, a~ter due notice to the Violator, Jor8111 O. Peteraen, and the Boa1 having heard testi~ny under oath, reoe:ived' evidenoe, and 'he~d argument of counsel, thereupon issues :its Findings of Fact, COnclusion of Law, and Order as follows: 1. on Septeaber 2, 1992, this Board :issu~~ :its Find:ings of Faot, conolusion of Law, and Order determining that a violation of Section 102.5, Unsafe Buildings or Systems, of the standard Building COde existed on the property described as: From the Northwest corner of Lc~ 36, HOME ACRES SUBDIVISION, Unit No.2, as recorded :in Plat Book 7, Page 28, public records of st. Lucie COunty, Florida, run Southeasterly along the East side of Angle Road a distanca of 22.165 feet to the point of beginning; thence continue Southeasterly along said road a distance of 79.84 feet; thence with a forwar~ angle to the left of 75 degrees 32 minutes a distanoe of 124.43 feet: thence with a forward angle to the left of 78 degree. 32 minute. 8 di.tanoe of 48.00 f.et; thence Weet a distance of 156.82 feet to point of beginning. The Violator was given until September 30, 1992, to abate the violation. 2. Based upon the testimony of the COde Enforcement Staff, ¡; this Bo~d determines that a violation of Section 102.5, Unsafe Building. or Systems, of the Standard Building Code continues to ;'.- . exist .. the Violator has not repaired or rehabilitated the ~~ building to a .afe condition on the above described property. 3. pursuant to the authority granted by Section 162.09, Florida Statute., and Section 1-2-25 of the St. Lucie County Code of Ordinances. and after considering the gravity of the violation, any actions taJcen by the Violator to correct the violl\tion, and any previous violations committed by the Violator, this Board orders :) ",.¿1 Jðu,#"5 é'; 2-.0 !& the Vi~lator to pay a fine Of7ih-f-t,,~1J nF1Ÿ~~/lt1r7 per day . for each day the violation continues past y¿........i.... .fq, If'c:J..- - .. -..- _._~: ~ :0"'8 rl , ... , ... c:: -' ,lIoa - ~ ... - ~:Z:1It W. t~· ~ . c .; 5 .... '11( - .... 0 .,... - ::s ¡;r. t ~: ~¡.Jn .. ~t-J :ï' ¡;¡ "¡.J~ ... !'!' (110 !'t ¡¡,. ~~... ,... .~rt .- ... ~t-J¡ , n ... t ,., oa :g... rt ~!? :oo:c ;¡ O. Q(I ¡.J~ ~t'" C n ... "'Oil >- fJi O~ t-J (11 CD ) - 2 - 4. Pursuant to Section 162.09, Florida Statutos, and Section o :0 t) 8 ;0:: 1-2-25, st. Lucie County Code of Ordinances, this Order may be recorded in the Public Records of the st. Lucie County, Florida, and shall constitute a lien against the above described property o (D ¡.J (1¡ and any other real or peraonal property owned by the violator. Any Violator requesting a rehearing or reconsideration of the Board's action .must file a written request setting forth the legol '" > C'> t'1 grounds therefore with the Code Enforcement Board Secretary within o t-J U1 ~ thirty (30) days of the date of this order. DONE AND ORDERED this I c¡.~ day of October, 1992. A'l'TEST: 8. ì 7.,lt1>t..a W. (b--'U:11( ~~ß SECRETARY BY: APPROVED AS TO ~ORH AND CORRZCTNZSS: ~~ /?~- ~C DE ENF CDiEHT BOARD ---> A'1"1'ORN I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, ßnd Order has been furniGhed by mail to: Joram O. Petersen 10491 Orange Avenue Fort Pierce, FL 34945-9614 EJl-vt.A7 €.U.. {D. ~ SECRETARY ewc .._- -.-. ."..~.--~-_..,-.. AGENDA REQUEST ITEM NO. Co -;¿., E. Date: April 4, 2006 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNIY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: South 26th Street Area Community Development Block Grant (CDBG) Project - Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority BACKGROUND: See C.A. No. 06-558 FUNDS A V AIL.(State type & No. of transaction or N/ A): Account Nos. 001404-420-563000-600 Improvements OfT Buildings) and 001404-6420-599330-600 (Project Reserves) RECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the proposed Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority for the South 26th Street Area Community Development Block Grant (CDBG) Project, and authorize the Chairman to sign the Agreement. Approved 5-0 CONCURRENCE: ~~nderson County Administrator COMMISSION ACTION: [)( APPROVED [] DENIED [ ] OTHER: County Attorney: ~/ ~ Coordination/Signatures )C.Mgt. & Budget: ~ ~wo ~~ ¡¡. Other: ( Purchasing: c.._. )~""""M tOriginating Dept.: Other: Finance (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 06-558 DATE: March 29, 2006 SUBJECT: South 26th Street Area Community Development Block Grant (CDBG) - Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority BACKGROUND: Attached to this memorandum is a copy of a proposed interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority for the South 26th Street Area Improvements Project. The agreement provides for the design and construction of wastewater, flood, drainage and roadway reconstruction improvements in the project area identified in the map attached to the interlocal agreement as Exhibit "A". The total project cost will be covered with Community Development Block Grant (CDBG) Disaster funds awarded to the County in the amount of one -million and 00/100 dollars ($1,000,000.00) and to the City in the amount of six hundred seventy-eight thousand two hundred fifty and 00/100 dollars ($678,250.00). The project area lies within the Fort Pierce Utilities Authority Service Area, and the Authority will provide wastewater services to the residents upon completion of the project. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority for the South 26th Street Area Community Development Block Grant (CDBG), and authorize the Chairman to sign the Agreement. 1 Attachment HY/ Copies to: Respectfully submitted, ~Òð- Heather Young Assistant County Attorney County Administrator Community Services Director Finance Director Public Works Director Utilities Director MSBU Coordinator Deputy Clerk Press/Public 2 INTERLOCAL AGREEMENT SOUTH 26TH STREET AREA IMPROVEMENTS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT THIS AGREEMENT made and entered into this _ day of ,2006, by and between St. Lucie County, a political subdivision of the State of Florida (the IICountyll), the Fort Pierce Utilities Authority, an authority created and established by the City Commission of the City of Fort Pierce, Florida, C'FPUAII) and the City of Fort Pierce, a municipality organized under the laws of the State of Florida (the IICityll). WHEREAS, FPUA is the governing body authorized to enter into agreements relating to providing service from the potable water supply and wastewater treatment system of the City; and, WHEREAS, the County and City have received CDBG Disaster funds to construct the South 26th Street Area Improvements CDBG project (the II South 26th Street Area Improvements CDBGII) which will fund the cost of providing wastewater, flood, drainage and roadway reconstruction improvements (the "Project") to those properties within the boundaries of the South 26th Street Area Improvements CDBG in unincorporated St. Lucie County and within the corporate limits of the City of Fort Pierce. A description of the boundaries of the real property within the proposed CDBG project area is attached hereto and made a part hereof as Exhibit "A"; and, WHEREAS, the South 26th Street Area Improvements CDBG project is located within the boundaries of FPUA's Utility Service Area, known as Service Area "A"; and, WHEREAS, the parties believe that it is in their mutual best interest to cooperate in providing wastewater, flood, drainage and roadway improvements to properties within the South 26th Street Area Improvements CDBG project. -1- NOW, THEREFORE, FPUA, the City, and the County hereby agree and covenant on the terms and conditions hereinafter stated: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, and the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. FPUA RESPONSIBILITIES. FPUA 's responsibilities under this Agreement are as follows: A. FPUA agrees to cooperate with the County and the City in providing wastewater, flood, drainage and roadway reconstruction improvements for properties within the boundaries of the South 26th Street Area Improvements project. B. FPUA shall design or cause to be designed, the wastewater component of the Project including all pipes, services, mains and appurtenances thereto (the "Wastewater System") necessary to provide wastewater improvements to properties within the South 26th Street Area Improvements CDBG. FPUA shall design the wastewater component at no cost to the project. FPUA shall provide the County with approved utilities plans and bid documents for inclusion into the bid package. The County reserves the right to review and approve said plans and bid documents before inclusion into the bid package. C. FPUA shall assist the County in administering the Project to install the Wastewater System to include but not limited to awarding the contract for -2- design, construction, inspection during construction, shop drawing approvals, change order approvals, project certification, and production of record drawings. D. Upon completion of the Wastewater System and acceptance of ownership of the Wastewater System by FPUA, FPUA shall be responsible for the operation and maintenance of the System. 3. COUNTY RESPONSIBILITIES. The County's responsibilities under this Agreement are as follows: A. The County agrees to cooperate with FPUA and the City in providing wastewater, flood, drainage and roadway reconstruction improvements for properties within the boundaries of the South 26th Street Area Improvements CDBG project. B. The Board of County Commissioners of St. Lucie County, Florida shall act as the governing body of the South 26th Street Area Improvements CDBG project. C. The County shall use CDBG Disaster Funds from grant award No. 06DB-W32 to cover its proportionate share of the cost of the Project in the amount of one million and 00/100 dollars ($1,000,000.00). D. The County shall design and install or cause to be designed and installed the flood, drainage and roadway reconstruction components of the system including paving and appurtenances thereto (the "Roadway System") necessary to provide wastewater, flood, drainage and roadway reconstruction improvements to properties within the South 26th Street Area Improvements CDBG project. The design and installation of the Roadway System shall be done in accordance with all -3- applicable, standard County policies and procedures and shall be constructed according to County standards. FPUA and the City reserve the right to review and approve all roadway improvements plans and bid documents prior to inclusion into the bid package. E. The County will administer the project to install the Wastewater System and Roadway System improvements. This administration will include bidding and awarding the contract for design, construction, and inspection during construction, shop drawing approvals, pay request approvals, change order approvals, project certification, and production of record drawings. F. The County agrees to advance funds to cover the City's CDBG funding for the Project. The County shall forward pay requisitions to the City for reimbursement. The County's CDBG Consultant shall assist the County with preparing and submitting the County's pay requests to the Department of Community Affairs ("DCA") for disbursement of funds. 4. CITY RESPONSIBILITIES. The City's responsibilities under this Agreement are as follows: A. The City agrees to cooperate with FPUA and the County in providing wastewater, flood, drainage and roadway reconstruction improvements for properties within the boundaries of the South 26th Street Area Improvements CDBG project. B. The City shall use CDBG Disaster Funds from grant award No. 06 DB-3ClO-6602-WlO to cover its proportionate share of the cost of the Project in the amount of six hundred seventy eight thousand two hundred fifty and no/lOO dollars ($678,250.00). -4- C. Upon receipt of each pay requisition submitted by the County to the City for the City's funding share, the City agrees to reimburse the County within thirty fourtccR (-14 30) days. The City shall be responsible for preparing and submitting the City's pay requests to DCA for reimbursement to the City. D. The City reserves the right to review and approve said plans and bid documents before inclusion into the bid package. 5. TERMINATION. This Agreement may be terminated by the mutual written agreement of all parties. This Agreement may be terminated by either party upon 30 days notice to the other party upon failure to obtain adequate financing for the project or failure to obtain the easements necessary to construct the project. 6. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Public Works Director 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to FPUA: Director of Utilities Fort Pierce Utilities Authority P.O. Box 3191 Fort Pierce, Florida 34948 With a copy to: FPUA Attorney P. O. Box 3191 Fort Pierce, Florida 34948 If to the City: City Manager City of Fort Pierce 100 North U.S. One Fort Pierce, Florida 34950 With a copy to: Fort Pierce City Attorney P. o. Box 3779 Fort Pierce, Florida 33448 -5- 10. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 11. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF I the parties have caused the execution by their duly authorized officials. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY I FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney ATTEST: FORT PIERCE UTILITIES AUTHORITY BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: Attorney for FPUA -6- ATTEST: CITY OF FORT PIERCE Cassandra Steele, City Clerk BY: Robert J. Benton, III, Mayor APPROVED AS TO FORM AND CORRECTNESS: Robert V. Schwerer, Esquire City Attorney -7- z~ l:' c: ::¡ 0 <Jí (.) C II) 'i;; 'õ ! ã. 15 ::¡ ...1 0 tJŠ <= 2! c '" 1:; 0 ..... a; (1) ::> c ~ (1) ~ c '" I- l:' 8 ~ ..... '" <{ en 0:;;; ,£ ci ::;; tš I ,~ " IlJ c LL .J::. « ::> '" '" ..J '#. g ~ ..... II) ~~ ã5 a <.0 C» '" N C œ è .£ :g <Jí <ti 012 N c: ::> >- ) OJ! "'!!! <Jí ! c '00 '" '" .J::. CI II! cð õ 0 i 11 o u 1:; ..... að '0 ~ 8 c @ I ë' :J "0 c: a.U:: :\!1 ::> CL 0 0 Q ð5 a. en 0 i' @ ~ ~ ~ ü: ..J ::;; ... AGENDA REQUEST ITEM NO.C2F DATE: April 4, 2006 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] "' II TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Request Permission to Advertise Public Hearing Petition to abandon a portion of a 50 foot right-of-way known as Boyington Road BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on May 2, 2006 at 6:00 p.m. or as soon thereafter as possible. [ )$.APPROVED [ ] OTHER [ ] DENIED NCE: COMMISSION ACTION: Approved 5-0 Dougla M. Anderson County Administrator Review and Approvals [x] County Attorney:~ ØJ1r1 [] Road and Bridge: [X] Originating Dept: :)rvJ.. [ ] Engineering: [] Public Works: [ ] Purchasing: ~ PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: J oAnn Ri ley, Property Acquisition Manager DATE: April 4, 2006 SUBJECT: Permission to Advertise a Public Hearing Abandon a portion of un-opened 50 foot County right-of-way known as Boyington Road BACKGROUND: The Property Acquisition Division received a request to abandon a portion of an un-opened, un- maintained, 50 foot deeded right-of-way known as Boyington Road which is located off of Okeechobee Road. The request has been made by New Life Christian Centre of the Treasure Coast, Inc. who owns the property on either side of Boyington Road. The abandonment of the petitioned site is needed in order for the property to achieve it's highest and best use for the future development. RECOMMENDATION: Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon the 50 foot un-opened right of way. Respectfully submitted, k'^- ~~ ÇiAnn Riley Property Acquisition Manager '¡iI \ ~1 ; u.i CD M ci ; z '7 en '" ,; M ø.: ~ ~ ... I TWP. 35S.·~G 38E. EVANS PROP. INC. TWP. 36S.-RNG. 38E. NORTHEAST QUADRANT .ET. LUCIE COUN'!.!, FLORIDA - - - - - t -3- - - - - - - r ; ~ I ~ ~ ~ ~ ~ ~ !J i ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ 613 u.. o PA TRICK &: NENA lEARY .. ~ .. o . ... .. .. on 621.9 ",I .... w :; cSl5: ë:-; gi n- ~i ~~ u ¡z: a ~ W % ¡¡: % -< o :::: ,..: I o(~- ~~ I u_ o:w :s:;¡ ....... 49.72 I - - - - - - 10"- I - t- - 339,31 I- % < a: o < ~ o - - - - - - - - t - :;; .13.63 IIJ ~ :I: I- a: o % I SOUTHEAST I y'" I "ART CARL TON _1- ,ARY CARL TON - -'15- - - - - - WoO; c., AERO KT!TY I1A WI< Ct Œ! ACRES Œ €I 1i9~. FLC)IrI:IO'" pt.a.IS EVANS PROP. INC. o ¡::: o SEE PACE 29 I MILES 1 ~ \:J20 1Q80 860 BIROSALL GROWi:RS INC. 72.54 IU.88 - - - - \- - - 2- - - - - - - 403.16 SF_ '.' .,17 ..ze RU-,AR INC. ---\---1 302.58 ~ § 2 ::I ~ CHARLES STONE ,¡. « 10EAl GROVE P .R1NERSHIP cz 0: !õ ~§ du .0: c~ z'" ~S 0: 49.99 .., .., ::; BRENOA J. LYNN ê ~ 3i >0- 0: 0: "'I 151.73 ~3" ';'''1 >.> ~iEL'.) "'.e....... :.9 .H? .. :.1) 152,69 EDSALL GRO\'£S. INC. - - - - - - - 14-· - - - 73,62 iî) EVANS PROP.. INC QUADRANT CH.RLC COLE ,.RO\'£ó, I"C 145.77 Uô.;9 SEE PAGE 45 r- OF 1/2 ~ I FEET I 2840 BECKER HOLOING CQRP ,,<.RTHUR F AR,S INC. McART'I-IUR F .R...5 INC. 155.16 ...GIoI BUCKEYE GRO\'£S 36.96 COt C, W.A.RQ CH.RlES. JR. &: J()H N CA,PBElL CH.RlES, JR. &: JOHN C AIoIPeELL ------ E l/"'f~S P~0P INC.. 1 ~ 5280 '",~::''' "l PROP. INC, ~ en 106.1 I~ 157.3 ~... "'0' DA'A'IIOY" ,I.... ~IIIJ.Dt ~s~1K)oMI( M(81 10 , BURN AC 12 PRODUCE INC. I 64,26 38.96 O.L scono &: CO. INC. 172.73 iN O.L scono &: CO. INC. 77,99 PHIL « P....ELJ< QRA'O{)Y 39.~~ .. ~ ... " "" ... ... .. ... . 3U4 77.76 BERN.RO EGAN « EGAN. FiCKETT &: CO. 78.18 BERNARO EGAN &: EOAN. FiCKETT Ii. CO. 77. 76 I 13- I W.C. &: EV' ORA \,£S. IV 150.59 15',6 ~~,j OUNN I~ 7..01 ui ~ '" .. ~ I- BE-I 75.95 43 " ~ -+- ~ -..... ->.- " , L I v , I ~ \ ; I I I 12'.""'" -." I I 1 I I I EVANS P!lþPERTIES ..~ 'J202-/2J«IOHX}OII¡ .. .. ':.~. .... ....... ............~ . ... A' I' DAN = PINE L, I oæcoo¡. II2J-OO/r IJæ{)O/HXJOII¡ .,~, " I 12.0 Ac 000/&1 000/&1 "G,DS '-c 17.23 ÃÆ e,f1 Ac I .=> I ,.,. '". -. IIJl-OOO/«O/ofJ IHl-OOlJl<JOOl5J ".ðl ". LNiCI 4 J3J.29 N:. :-.... NIP . &.02 A14 TOT N.. .. 33$.3\ À/j PETITION SI 1- L_ J I I I .1 I HARï E ~TON I CJ J Mfr' .. I I ~G-) I " .. , 'IIHXJO -- VJI I PATRICK J. & NENA.H. LEARY ·w .... .... t2JHIOl+OOO/JJ 10'.54 ..... 'II 'I ~ ... " .!.I c....I!....!!'Lli-_ I;¡ ~. ... ... III (::J " (. I _) -'.,J lJJ.J-0026<<O/5/ 910 1615 .- \ " . 10 ". 15 . 14 ~""'1 ~''''- AGENDA REQUEST ITEM NO. C-2.G Date: April 4, 2006 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Little Mud Creek/Blind Creek Restoration Project - Work Authorization No. 24 with Hazen & Sawyer, P.c. BACKGROUND: See C.A. No. 06-569 FUNDS A V AIL. (State type & No. of transaction or N/ A): Account Nos. 145-6230-531000-6f>53 (Professional Services )~230-531 000-6953 (Professional Services), and ~-6230-534000-6953 (Ôther Contractual Services) /45" IJ-o H'5lìO RECOMMENDATION: Staff recommend that the Board of County Commissioners approve proposed Work Authorization No. 24 with Hazen & Sawyer, Inc., and authorize the Chairman to sign the Work Authorization. [-X APPROVED [] DENIED [ ] OTHER: Approved 5-0 CE: COMMISSION ACTION: Doug as . Anderson County Administrator Finance (Check for C Coordinatio n/SÏI?:na to res County Attorney: N:.D )C Originating Dept.: Mgt. & Budget: Purchasing: Other: Other: INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 06-569 DATE: March 30, 2006 SUBJECT: Little Mud Creek/Blind Creek Restoration Project - Work Authorization No. 24 with Hazen & Sawyer, P.C. BACKGROUND: Attached to this memorandum is a copy of Works Authorization No. 24 under Contract C03-05-0395 (Engineering Services Related to Stormwater Management) with Hazen & Sawyer, P.C. Pursuant to the Work Authorization, the engineer will assist with permitting, provide onsite construction monitoring, and prepare the as-built certification for the Little Mud Creek/Blind Creek Restoration Project on South Hutchinson Island. The cost of the work will be one hundred thirty-one thousand five hundred and 00/1 00 dollars ($131,500.00). Funds are available in the project budget for this expenditure. RECOMMENDATION/CONCLUSION: Staff recommend that the Board of County Commissioners approve proposed Work Authorization No. 24 with Hazen & Sawyer, Inc., and authorize the Chairman to sign the Work Authorization. Respectfully submitted, I)~~ Heather Young Assistant County Attorney Attachment HYI Copies to: County Administrator Finance Director Management and Budget Director Mosquito Control Manager Public Works Director Deputy Clerk WORK AUTHORIZATION NO. 24 Engineering Services Related to Stormwater Management C03-05-395 for Little Mud Creek/Blind Creek Restoration Project Pursuant to that certain Agreement (the If Agreementlf) between St. Lucie County (the IfCountylf) and Hazen and Sawyer, P.C. (the "Engineer") dated May 13, 2003, the Engineer agrees to perform and successfully complete the scope of work as set forth in the Scope of Services attached hereto and made a part hereof as Exhibit tiN'. Compensation to the Engineer along with the schedule for completion of the work shall be as described in Exhibits "B" and "C", respectively. IN WITNESS WHEREOF, the parties have caused this Work Authorization to be executed and delivered, effective as of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: HAZEN AND SAWYER, P.C. BY: Print Name: Title: g: \atty\agreemnt \ work.aut \h&s. 24 .wpd EXHIBIT A SCOPE OF SERVICES St. Lucie County Mosquito Control District Little Mud Creek/Blind Creek Restoration Project PROJECT DESCRIPTION St. Lucie County (COUNTY) has requested Hazen and Sawyer, P.C. (ENGINEER) provide permitting assistance with respect to the County's beach re-nourishment project located on South Hutchinson Island. The COUNTY has indicated that there is approximately 60,000 yd3 of unsuitable material located on Normandy Beach, The COUNTY has identified Blind Creek and Little Mud Creek as potential sites for borrow 'material. ENGINEER has been asked to provide ongoing professional services related to the Little Mud Creek/Blind Creek re-nourishment and restoration project. This scope proposes to provide services associated with permitting assistance so that the COUNTY can obtain the necessary permits to complete the project. Up to two (2) Environmental Resource Applications (ERP's) will be submitted to the Florida Department of Environmental Protection (FDEP). The first ERP will cover the reclamation of sand in the over washed areas of Little Mud and Blind Creeks. Mangrove impacts are anticipated along the banks of Little Mud Creek and therefore will require coordination with the US Army Corps of Engineers (USACE) as well as FDEP. All work on the Blind Creek side will occur in the uplands (above -0.5 ft NA VD). A five (5) ft berm will be left as a buffer between the proposed reclamation area and the existing Blind Creek wetland. The second ERP will cover the restoration of the Blind Creek and Little Mud Creek wetland areas. This permit will cover the removal of material from the 81 ind Creek site so that an elevation of approximately -0.2 ft NA VD is achieved. This excess material from Little Mud Creek (if it has the appropriate quality) will be sifted and used to extend the fore dune southward. Additionally the existing five (5) ft berm acting as a buffer between the existing and proposed wetland will be removed. A shallow channel with a bottom elevation of approximately -0.5 ft NAVD will be constructed. This channel will be connected to four (4) ponds on the south side (Blind Creek) and one pond on the north side (Little Mud Creek) all of which are located within the wetland areas. Restoration of Little Mud Creek will include either the removal and/or redistribution of sand into the creek to re-establish the original delineation of the wetland prior to the 2004 hurricane season. Finally the eastern edge of the proposed Blind Creek wetland will be scraped down to approximately -0.5 to -0.2 NAVD and sloped towards the east (toe of the back dune) so that upland and wetland plantings can be facilitated to stabilize the area. The following services have been provided or are being provided per the COUNTY's direction. FtP:ProposalsSt.LucieCounty105 Page 2 of 6 Task 1 - AGENCY COORDINATION ENGINEER will coordinate with the Florida Department of Environmental Protection (FDEP), The United States Army Corps of Engineers (USACE), and the Fish and Wildlife Service (FWS) as required relative to the permitting for the removal of material from the Blind Creek/Little Mud Creek site and the restoration of the wetlands for the Blind Creek and Little Mud Creek sites. ENGINEER will provide up to 80 hours for this task. Task 2 - DATA COLLECTION ENGINEER will acquire a seagrass survey for Little Mud Creek, a UMAM for Little Mud Creek and Blind Creek, and mark the extents of the Little Mud Creek wetland boundary. ENGINEER will acquire a specific purpose survey for Little Mud Creek east of A-1-A and west of the fore dune. The survey shall include cross sections across Little Mud Creek and cross sections of the over-washed area east of the creek. Additionally the survey will include up to six (6) transects of the proposed wetland area to the east of the Blind Creek wetlands which will extend up to 100 ft into the existing Blind Creek wetland area. This survey will also include grade breaks over the existing berm between the proposed wetland and existing wetland. ENGINEER will acquire six (6) land boring samples for the entire site. Two (2) samples will be located within Little Mud Creek. Task 3 - PERMITTING ENGINEER will prepare and submit an Environmental Resource Permit (ERP) application to FDEP for the removal of sand from the Blind Creek and Little Mud Creek sites. ENGINEER will address up to two (2) Requests for Additional Information (RAI's) from FDEP. ENGINEER will coordinate with the USACE to pbtain a permit (if applicable) and address up to two (2) RAl's. ENGINEER will prepare a plan sheet detailing the areas for sand removal and provide a typical detail cross section indicating the proposed depth of material for removing. ENGINEER will prepare and submit an ERP application to FDEP for the restoration of Little Mud Creek and Blind Creek. This restoration will include removing sand as required from Little Mud Creek to re-establish the original wetland/upland interface and dredge as required to establish a shallow channel between the existing Blind Creek wetland and the proposed wetland east of the Blind Creek wetland. It should be noted that material from the proposed wetland east of the Blind Creek wetland will removed as required to establish a wetland elevation. ENGINEER will prepare a plan sheet detailing the areas for sand removal and provide typical cross sections as required. ENGINEER will, incorporate up to two (2) COUNTY remarks on the plan and detail sheets. FtP:ProposalsSt.LucieCounty105 Page 3 of 6 ENGINEER will coordinate with FDEP on the placement of any sand adjacent to the existing fore dune at Little Mud Creek! Blind Creek Beach. Task 4 - CONSTRUCTION SERVICES ENGINEER will provide up to 80 hours of onsite construction monitoring. ENGINEER shall provide site visits (average 2 per week) during the excavation and fill activities and photo document the construction for compliance. A construction diary will be kept with entries for each site visit. ENGINEER shall estimate construction quantities on a weekly basis and produce a weekly progress report in accordance to the Quality Assurance Plan. ENGINEER will provide ongoing sea turtle monitoring for approximately 4,000 feet of beach adjacent to the wetland restoration process. Monitoring will take place from March 3, 2006 and continue uninterrupted through September 15, 2006. ENGINEER shall provide coordination with the contractor during construction of the daily turtle nesting situation. All nests will be marked and st10uld be avoided. ENGINEER shall protect nests landward of the dune by monitoring nest after the dune construction and removing emergency hatchlings as required. ENGINEER shall provide daily monitoring activities for the duration of the monitoring. Task 5 - AS-BUILT CERTIFICATION ENGINEER will acquire an as-built survey and submit the survey to FDEP as part of the as-built certification process. ASSUMPTIONS: 1. The COUNTY will be responsible for all permit fees. 2. The COUNTY will be responsible for providing a pre and post topographic survey of the proposed wetland site to the ENGINEER for inclusion in the ERP application. 3. It will be the contractor's responsibility to not harm (avoid) marked sea turtle nests. FtP:ProposalsSt.LucieCounty105 Page 4 of 6 EXHIBIT B BUDGET ST. Lucie County Mosquito Control District Little Mud Creek/Blind Creek Restoration Project The total not to exceed compensation is equal to $131,500. The details for each task can be viewed below: All additional services will be handled on a time and materials basis. Task Compensation Task 1 - Agency Coordination Task 2 - Data Collection Task 3 - Permitting Task 4 - Construction Services Task 5 - As-built Certification $ 8,000 $ 22,330 $ 20,990 $ 71,500 $ 8.680 Total $131,500 FtP:ProposalsSt.LucieCounty105 Page 5 of 6 EXHIBIT C SCHEDULE ST. Lucie County Mosquito Control District Little Mud Creek/Blind Creek Restoration Project Task Time of Completion from N-T-P Task 1 - Agency Coordination Task 2 - Data Collection Task 3 - Permitting Task 4 - Construction Services Task 5 - As-Build Certification 10 Weeks 20 Weeks TBD TBD TBD FtP:ProposalsS!.LucieCounty105 Page 6 of 6 , Suzanne Hitchcock - Fwd: Updated and revised scope Page 1 . From: To: Date: Subject: Jim David Hitchcock, Suzanne 3/29/20062:10:14 PM Fwd: Updated and revised scope Please review the attached >>> "Almaguer, Billy" <BAlmaguer@hazenandsawyer.com> 03/29/06 1 :34 PM »> Billy Almaguer, P.E.Mardi Executive Center1905 South 25th Street, No. 103Fort Pierce, FI 34947772.489.0066772.489.0299 (Fax) " ITEM NO. C-3a DATE: April 4, 2006 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY DIVISION: ROAD & BRIDGE - 4110 PRESENTED BY: fhc~ Road & Bridge Manager SUBJECT: Final acceptance, approval of Final Change Order #2, release of retainage, and make final payment of $95,615.40 for the annual 2004-05 Resurfacing Contract with Ranger Construction Industries, Inc. BACKGROUND: The contract was awarded to Ranger Construction Industries, Inc. on 4-13-04 for resurfacing identified roads for a total of $991,261.54. During the work on the contract, the paving of the New Fairgrounds parking lot, was added on Change Order#1 increasing the total contract price to $1,068,861.54. The work has now been completed and the Final Change Order is a decrease change order in the amount of $112,707.5'Q which adjusts the contract quantities to actual quantities used and final contract cost of $956,154.0~ FUNDS AVAILABLE: 316001-41132-546200-42003- Transportation Trust/Local Option PREVIOUS ACTION: Contract awarded on 4/03/04 in the amount of $991,261.54. Change Order #1 was approved on 6/07/05 increasing the contract amount to $1,068,861.54. RECOMMENDATION: Staff recommends final acceptance, approval of Final Change Order #2, which will decrease the contract amount by $112,707.5Ðto a final contract amount of $956, 154.Qt, authorize the Chairman to sign the Change Order, release of retainage, and make final payment of $95,615.4Q for the 2004-05 Annual Resurfacing Contract with Ranger Construction Industries, Inc. COMMISSION ACTION: [~ _APPROVED [ ] OTHER [ ] DENIED ----' Approved 5-0 Douglas derson County Administrator [x] County Attorney: [x] Mgt. & Budget: [ ] Asst. Co. Adm: [ ] Prop. Acq. Man.: i'l F;,,'œ D;'Oolo'~ [ ] Project Manager: [ ] Other: [x] Public Works Dir.: 2004/05 Resurfacing Contract.doc , CHANCE ORDER 'ST. LUCIE COUNTY PROJECT: (name, address) ST. LUCIE COUNTY ANNUAL RESURFACING 2004 - 2005 CHANGE ORDER NUMBER: #2 INITIATION DATE: 2-07-2006 TO (Contractor): CONSUL TANrs PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: C04-04-164 CONTRACT DATE: APRIL 13, 2004 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes No) The original (Contract Sum) tGsal=anteeG=MæRmum=€e&~ was .......................... $ 991,261.54 Net change by previous authorized Change orders ..................................... $ 77 600.00 The (Contract Sum) =(@:ua:FaRteeè=Mæ::fmem=Cust)=prior to this Change Order was ....... $1 068 861 54 The (Contract Sum) ~~.~teed=~tmtlm=€ost)=will be #~c;~t!tc;tf (decreased or ". changed) by this Change Order ....................................................... $ -112,707 . 50 The new (Contract Sum) (Osar-ameeG=MæE:iFmJm=CGstf including this Change Order will be $ 956 154. ot The Contract Time will be fim:~=tÐætu......"d) (unchanged) by ( 0' ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Funds Available: Account Number 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 theentire 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. AI! work performéd under this Change Order shall be performed in accordance with the contract specifications. ......:-:....:-.:-:- .... '" . . '.~.'. . . Recommended: Approved: : . :*' : .:-'< . :- :- :- :- . .' ...' '-'. '.' '. . ;: ArchitecVEngineer 5' 'ucie County Department }\:~\/ Address Address By Da~ Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 ~ D~ Agreed To: RANGER CONSTRUCTION INDUSTRIES. INC. Contractor !~~ PIERC\;~ /::79 By K,o.\oc...-\- <5~".ç~ Date By Approved as to Form and Correctness Date County Attorney PINK - PURCHASING GOLDENROD - FINANCE WHITE - VENDOR CANARY-DEPARTMENT AGENDA REQUEST ITEM NO. C-- 3~ DATE: April 4, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~:p Michael powle~ County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Entrada Avenue and Rio Mar Drive Landscape Project Professional Engineering Services for Roadway and Intersection Design - Amendment 1 to Work Authorization NO.6 (C00-10-112) with Kimley-Hom and Associates, Inc., in the amount of $4,500 to provide services during construction. All work shall be completed on or before December 31,2006. BACKGROUND: See attached memorandum. FUNDS AVAIL. Funds will be made available in 101002-4112-563005-39001 Trans Trust- Constitutional Gas Tax PREVIOUS ACTION: nla RECOMMENDATION: Staff recommends Board approve Amendment 1 to Work Authorization NO.6 (COO-10-112) with Kimley-Horn and Associates, Inc., for Professional Engineering Services for Roadway and Intersection Design in the amount of $4,500 to provide services during construction for the Entrada Avenue and Rio Mar Drive Landscape Project, and authorization for the Chairman to sign. COMMISSION ACTION: []f: APPROVED [ ] OTHER: [ ] DENIED CE: Approved 5-0 ---- Dougla . Anderson County Administrator [x]County Attorney J~' [x]Originating Dept. Public Works [ ]Finance Entrada Rio Mar Landscape road -H amend 1 WA6.ag.doc CoonlinationlSia ~&Budget~ (x)Proj Mgr. e--ß [x]Exec. ASSt...ß1ì.t{ [ ]Other DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer MVP DATE: April 4, 2006 SUBJECT: Entrada Avenue and Rio Mar Drive Landscape Project Professional Engineering Services for Roadway and Intersection Design Amendment 1 to Work Authorization No.6 (COO-10-112) with Kimley-Horn and Associates, Inc., to provide services during construction. BACKGROUND The attached Amendment 1 to Work Authorization No.6 (COO-1 0-112) for Professional Engineering Services for Roadway and Intersection Design with Kimley-Hom and Associates, Inc., is to provide services during construction associated with landscape and irrigation improvements for the Entrada Avenue and Rio Mar Drive Landscape Project. The total amount of this work authorization is $4,500. All work shall be completed on or before December 31, 2006. C00-10-112 (WA#6, Amend #1) FIRST AMENDMENT TO WORK AUTHORIZATION NO.6 Engineering Services Related to Roadway and Intersection Design Entrada Avenue and Rio Mar Drive Landscape Project Work Authorization NO.6 between St. Lucie County (lithe "County") and Kimley- Horn and Associates, Inc. (the "Engineer") for Services related to Roadway and Intersection Design, dated October 1, 2000 (the "Agreement") is hereby amended to provide services during construction in the amount of $4,500. All work shall be completed on or before December 31, 2006. All other terms and conditions of Work Authorization No. 6 (C-OO-10-112) shall be the same and remain in fun force and effect. IN WITNESS WHEREOF, the parties have causecl this First Amendment to Work Authorization NO.6 (C-OO-10-112) to be executed and delivered on the dates below. WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY KIMLEY -HORN AND ASSOCIATES, INC. BY: WITNESSES: Pñnt Name: Title: Date: ~=~ Kimley-Horn and Associates, Inc. Exhibit A Scope of SERVICES Task 1 - Bidding and Construction Phase Assistance Following County's approval of Construction Documents, KHA will provide the following bidding and construction phase services: 1) Assist County in pre-qualifying bidders. 2) Attend pre-bid conference. 3) Prepare any addenda to construction documents. 4) Attend kick-off meeting on-site with Landscape, Irrigation, and Electrical Contractor prior to commencement of construction. 5) Provide two (2) site visits at appropriate intervals as requested by the County to become familiar with the progress and quality of the work and to determine if the work is proceeding in accordance with the construction documents. Assist Client staff in on-site field adjustments and/or flag tree locations or spray paint landscape beds. 6) Prepare field reports of site visits. 7) We will provide final landscape and irrigation punch-list walk- throughs. It is anticipated that this will require two visits to the site. [M:IMISC\PROPOSALIKHA Isti"cie46,doc] ~=~ Kimley-Horn and Associates, Inc. Exhibit B Compensation We will provide the services described in Task 1 for a lump sum amount of $4,500 inclusive of expenses. For infonnational purposes a breakdown of the individual tasks are provided below. [M :\MISCIPROPOSALIKHA ISII"cie46.doc ] ~=~ Kimley-Horn and Associates, Inc. Exhibit C Schedule The construction phase along with project close out is expected to take approximately six months from the time that notice to proceed is given. [M :\MISC\PROPOSAL\KHA \stlucie46.doc] "'- AGENDA REQUEST ITEM NO. C:- - 3 c..- DATE: April 4, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 PRESENTED BY: ~~t,~ County Engineer SUBJECT: Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase' Design Update, BACKGROUND: See attached memorandum. FUNDS AVAIL. Funds will be made available in 102001-3725-563005-425056 Drainage Maintenance MSTU - Stormwater Management PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends Board approve Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design Update in the amount of $87,810.00, and authorization for the Chairman to sign. COMMISSION ACTION: [~ APPROVED [ ] OTHER: [ ] DENIED CE: Approved 5-0 Dou I M. Anderson County Administrator 9r [x]County Attorney l ~IOrig_ D'." """'" wonst¥ . [ ]Finance IRE Ph. 1 Update wa 25.ag.doc r.nnrdinatiDnlSi (xMgt. & ~~' ¡Y'! 'I\f.;J I )Proj Mgr. [x]Exec. Asst.ßfì..t\ [ ]Other DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer MVP DATE: April 4,2006 SUBJECT: Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P. C. Indian River Estates Phase I Design Update BACKGROUND As part of the service provided by the Engineer, a South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP) was applied for and issued for the construction of a pump station, collection system and other minor improvements for IRE and the ·Savannas Ecosystem Management System". The County has recently acquired a lot for the location of the permitted stormwater pumping station. This lot is not in the same location as the current construction plans and permit indicate, and therefore additional engineering and permitting are required prior to the construction and/or operation of the stormwater pumping station. Additionany, prior to the construction of the collection system that will feed the stormwater pumping station, additional engineering and permitting will be necessary to account for any changes to the IRE subdivision that have occurred since the initial design and permitting were completed. The attached Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. is for Indian River Estates Phase I Design Update in the amount of $87,810.00. LINE..TO-LINE TRANSFER REQUEST DEPARTMENT: ENGINEERING 06-51 DATE: 3/21/06 DraÎn. $87,810.00 $87,810.00 $440,000 REASON FOR TRANSFER: As scheduled for $87,810.00 roval on 4/4/06. CONTACT PERSON: DEPARTMENTAL APPROVAL: OMB APPROVAL: ADMINISTRATION APPROVAL: PHONE #: 1708 OMB NOTES: $175,620 INPUT DATE: LlNE-TO-LlNE TRANSFER #: INPUT BY: DOCUMENT #: WORK AUTHORIZATION NO. 25 Engineering Services Related to Stormwater Management C03-05-395 for Indian River Estates Phase I Design Update Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Hazen & Sawyer, P. C. (the "Engineer") dated May 13, 2003, the Engineer agre~s to provide the additional Scope of Services described in Exhibit "A" and for the additional Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: Hazen and Sawyer Engineers, P.C. Date: EXHIBIT A SCOPE OF SERVICES St. Lucie County Indian River Estates Phase I Design Update BACKGROUND The Savannas State Reserve (Reserve) is a 4,900 acre environmental area, managed by the Florida Department of Environmental Protection (FDEP). This~Reserve has a highly diverse ecosystem and is recognized as an -estuary of national significance" as designated by EPA's National Estuary Program. Indian River Estates (IRE) is a 1,200 acre subdivision located west of the Reserve and is part of the drainage area that contributes stormwater runoff to the Reserve. Since this subdivision was constructed prior to stormwater treatment regulations there are no provisions for treatment other than the existing shallow roadside swales. In· the late 1990's St. Lucie County (COUNTY) authorized Hazen and Sawyer, P.C. (ENGINEER) to perform a study and to proceed with a design for the construction of improvements aimed at providing water quality and flood protection for IRE. As part of the service provided by the ENGINEER, a South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP) was applied for and issued for the construction of a pump station, collection system and other minor improvements for IRE and the "Savannas Ecosystem management System". COUNTY has recently acquired a lot for the location of the permitted stormwater pumping station. This lot is not in the same location as the current construction plans and permit indicate, and therefore additional engineering and permitting are required prior to the construction and/or operation of the stormwater pumping station. Additionally prior to the construction of the collection system that will feed the stormwater pumping station additional engineering and permitting will be necessary to account for any changes to the IRE subdivision that have occurred since the initial design and permitting were completed. The design update of the I RE system will be broken up into two Phases. Phase I (this scope of services) will focus on the pump station design update, force main to the mining pit, and the collection system immediately upstream of the proposed pump station. Phase II (future) will consist of the design update of the IRE collection system and other ancillary improvements. It must be noted that both of these phases must be completed to realize the significant benefits from the proposed project. The following tasks are proposed for Phase I. SCOPE OF SERVICES Task 1 - Data Collection ENGINEER shall perform a geotechnical investigation for the proposed pump station. This investigation shall provide at least two (2) bore hole samples (approximately 15 ft. deep) to determine the suitability of the soils on the proposed site. FtP:/proposaIsSt.LucieCounty109.doc Page 1 of 6 ENGINEER shall acquire a specific purpose survey for the lot where the proposed pump station is proposed to be constructed. Additionally the ENGINEER shall update the existing route survey for the proposed location of the force main, outfall and up to 500 ft. upstream of pump station to acquire tie-in information. Task 2 - Permitting ENGINEER shall submit an application to the SFWMD to modify the existing Environmental Resource Permit (ERP) for construction of Phase I. It is assumed that this modification will be routine in nature and will only address the relocation of the pump station and phasing of the project (including extension of permit duration). Up to two (2) requests for additional information will be addressed. ENGINEER shaH coordinate with the US Army Corps of Engineers concerning the ERP permit modifications. Up to 40 hours will be provided to address any requests for additional information. ENGINEER shall assist the contractor with obtaining a building permit for the construction of the proposed pump station. Task 3 - Pump Station Design Update ENGINEER shall attend one pre-design meeting with COUNTY to discuss project direction and to address any concerns with respect to the update of the pump station design. Based on the direction discussed and agreed to at the pre-design meeting the ENGINEER shall update the pump station design and provide 60% and 90% plans and specifications (4 copies each) to COUNTY for review. ENGINEER shan have one (1) meeting with COUNTY after each review to discuss comments on to the plans and/or specifications. ENGINEER shall incorporate all relevant comments to the documents and provide four (4) copies of the final construction plans and specifications to COUNTY. The following plan sheets are anticipated to be updated (based on the current permitted construction plans): Phase I Sheet Title G-1 Cover Sheet, Location MaD and DrawinQ List G-2 Overall Site Plan and Drawina Key map G-3 Retention/Detention Facilities Site Plan G-4 Symbols, Abbreviations And General Notes C-11 Plan Sta. 124+25 to Sta. 133+94 C-12 Force Main Plan Sta. 200+36 to 212+00 C-13 Force Main Plan Sta. 212+00 to 222+53 C-14 Force Main Plan Sta. 222+83 to 235+ 10 M-1 Stoimwater Pump Station-Plan M-2 Stormwater Pumo Station-Plan Section M-3 Stormwater Pump Station-Plan Mechanical Details E-2 Stormwater Pump Station Electrical Plan FtP:IProposaIsSt.LuâeCounty109.doc Page 2 of 6 Task 4 - Phase I & II Segregation/Coordination ENGINEER shall review the current construction drawings and determine the overall construction phasing so that Phase I and Phase II are properly segregated and coordinated. Drawings. in addition to those updated under task 3, which are necessary for Phase I construction will be modified accordingly and incorporated into the Phase I bid package. It is the intent of this task to organize phasing to allow the future integration of Phase II to occur easily. Phase I and Phase II and to determine the best approach for the construction of each of the phases so that the effortless integration of Phase II can occur most easily. The Phase I plan set is proposed below (based on the current construction plan set): Phase I Sheet Title G-1 Cover Sheet, Location Mao and Drawina List G-2 Overall Site Plan and Drawino Key mao G-3 Retention/Detention Facilities Site Plan G-4 Symbols, Abbreviations And General Notes C-11 Plan Sta. 124+25 to Sta. 133+94 C-12 Force Main Plan Sta. 200+36 to 212+00 C-13 Force Main Plan Sta. 212+00 to 222+53 C-14 Force Main Plan Sta. 222+83 to 235+10 M-1 Stormwater Pump Station-Plan M-2 Stormwater Pump Station-Plan Section . M-3 Stormwater Pump Station-Plan Mechanical Details S-1 Stormwater Pump Station Structural General Notes S-2 Stormwater Pump Station Lower and Intermediate Plans -Ootion A S-3 Stormwater Pump Station Sections-Ootion A S-4 Pump Station Buildino Floor and Roof Plans S-5 Pump Station Buildino Elevations S-6 Pump Station Buildina Beams and Columns Schedule S-7 Stormwater Pump Station Details Sheet A-1 Pumo Station Buildioo Floor and Roof Plans A-2 Pump Station Buildina Elevations A-3 Pumo Station Buildina Schedule and details A-4 Pump Station Buildina Details E-1 Electrical Leaend and Symbols E-2 Stormwater Pump Station Electrical Plan E-3 One Line Diaaram E-4 Schematic and Panel Detail E-5 Electrical Details FtP:/ProposaIsSt.LucieCounty109.doc Page 3 of 6 Task 5 - Bidding Services ENGINEER shall provide fifteen (15) sets of Bid Documents for Phase I and assist COUNTY with the bidding process. ENGINEER shall attend one (1) pre bid meeting and the bid opening. ENGINEER shall address bidders' requests for information and assist COUNTY in issuance of necessary addenda. Task 6 - Water Quality Monitoring Program ENGINEER shall provide up to 40 hours of services relative to the coordination and development of the Water Quality Monitoring Program (as required for the existing Section 319 Grant for this project). ENGINEER shall coordinate with COUNTY and FDEP concerning the monitoring requirements. Additional time will be handled on a time and material basis. Assumptions: 1. St. Lucie County will be responsible for all permitting fees. 2. It has been assumed that the new pump station location will not change the footprint of the building therefore not altering the structural or architectural drawings. Any changes to the footprint of the building may require additional rework to the plans. FtP:/ProposaIsSt.LucieCounty109.doc Page 4 of 6 EXHIBIT B BUDGET St. Lucie County Indian River Estates Phase I Design Update Hazen and Sawyer propose to complete the above tasks for the not to exceed amount of $87,810. Any additional services will be provided on an hourly rate basis in accordance with the Continuing Services Agreement rate schedule. Task Task 1 - Data Collection Task 2 - Permitting Task 3 - Pump Station Design Update Task 6 - Phase I & II Segregation/Coordination Task 5 - Bidding Services Task 6 - Water Quality Monitoring Program TOTAL NOT TO EXCEED: FtP:JProposaIsSt.LucieCounty1Q9.doc Page 5 of 6 Cost $ 9,515 $ 16,825 $ 30,240 $ 14,425 $ 12,745 $ 4.060 $ 87,810 · . EXHIBIT C SCHEDULE St. Lucie County Indian River Estates Phase I Design Update Task Time to Complete from Notice to Proceed Task 1 - Data Collection Task 2 - Permitting Task 3 - Pump Station Design Update Task 6 - Phase I & \I Segregation/Coordination Task 5 - Bidding Services Task 6 - Water Quality Monitoring Program 6 Weeks 14 Weeks (Application Submittal) 29 Weeks 29 Weeks TBD TBD FtPYProposaIsSt.LucieCounty109.doc Page 6 of 6 AGENDA REQUEST ITEM NO. C--- 3 è-/ DATE: April 4, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] G'{\~ ichael V. Powl ,P.E. f~ County Engineer SUBJECT: Award of RFP #06-025 - Professional Engineering Services for Stormwater Management PRESENTED BY: ,\})~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 BACKGROUND: See attached memorandum. FUNDS AVAIL.: N/A PREVIOUS ACTION: January 17, 2006 - Board authorized staff to advertise for continuing contracts. RECOMMENDA TION: Staff requests Board approve the shortlist, grant permission to negotiate with the seven firms, and authorize the Chairman to sign contracts as prepared by the County Attorney. COMMISSION ACTION: ~ APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED [><]County Attorney ,Jð: [x)Originating Dept. Public Works ~ . stormwater rfp award.ag ~ Coordination/Sianatures ( IMgt. & Budget (x]Purchaing &' T' [x}Exec. Asst....ß.ft '" [ )Other . , , DIVISION OF ENGINEERING MEMORANDUM DATE: Board of County Commissioners Mike Powley, County Engineer(h~I¡\· April 4, 2006 TO: FROM: SUBJECT: Award of RFP #06-025 - Professional Engineering Services for Stormwater Management BACKGROUND On January 17, 2006, the Board authorized staff to begin the selection process for professional engineering services for stormwater management. Nine hundred eighteen vendors were notified, sixty- three documents were distributed, and twenty proposals were received. The selection committee reviewed the responses and shortlisted seven firms: 1 . Kimley-Horn and Associates, Inc. 2. Inwood Consulting Engineers 3. Miller Legg 4. CDM 5. Hazen & Sawyer, P.C. 6. Creech Engineers, Inc. 7. Keith & Schnars, P.A. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - RFP# 06-025 PROFESSIONAL ENGINEERING SERVICES - STORMWA TER MANAGEMENT DESIGN AND PERMITTING SERVICES OPENED: MARCH 8, 2006 AT 2:00 P.M. THE FOLLOWING TWENTY (20) COMPANIES SUBMITTED A PROPOSAL: American Consultina Enaineers of Florida. LLC Address: 2000 Palm Beach Lakes Boulevard, West Palm Beach, FL. 33409 Contact: Brian J. Mirson, P.E. AI.C.P.; Phone: (561) 253-9550; Fax: (561) 253-9551 BCI Enaineers & Scientists. Inc. Address: 2000 E. Edgewood Drive, #215, Lakeland, FL. 33803 Contact: Gene Medley, Project Manager; Phone: (863) 667-2345; Fax: (863) 667-2662 Camp. Dresser & McKee. Inc. Address: 1701 Highway A1A, Suite 301, Vero Beach, FL. 32963 Contact: Eric Grotke, P.E., D.E.E.; Phone: (772) 231-4301; Fax: (772) 231-4332 Captec Enaineerina. Inc. Address: 300 S.W. St. Lucie Avenue, Stuart, FL. 34994 Contact: Steven Marquart, P.E., Project Manager; Phone: (772) 692-4344; Fax: (772) 692-4341 Creech Enaineers. Inc. Address: 2000 N.E. Jensen Beach Blvd., Jensen Beach, FL. 34957 Contact: Richard Creech, PE, PSM, V. President; Phone: (772) 283-1413; Fax: (772) 220-7881 Enaineerina. Desian & Construction. Inc. Address: 101 N. 4th Street, Suite 120, Fort Pierce, FL. 34950 Contact: Roderick Kennedy, P.E., Project Manager; Phone: (772) 462-2455; Fax: (772) 462-2454 Environmental Consultina & Technoloav. Inc. 809 State Road 44, New Smyrna Beach, FL. 32168 Contact: Frank Marshall, Vice President; Phone: (352) 332-0444; Fax: (352) 332-6722 Hazen and Sawyer Address: 1905 South 25th Street, No. 103, Fort Pierce, FL. 34947 Contact: Robert B. Taylor, Jr., P.E., Project Director; Phone: (772) 489-0066; Fax: (772) 489-0299 Inwood Consultina Enaineers Address: 870 Clark Street, Oviedo, FL. 32765 Contact: David G. Coleman, P.E., Vice President; Phone: (407) 971-8850; Fax: (407) 971-8955 JOSEPH E. SMITH, District NO.1. DOUG COWARD, District NO.2. PAULA A. LEWIS. District NO.3. FRANNIE HUTCHINSON, 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-Iucie.fl.us · , RFP 06-025 Tab Sheet Page 2 Jordan. Jones & Gouldina Address: 3300 PGA Boulevard, Suite 780, Palm Beach Gardens, FL. 33410 Contact: James Chapman, P.E., Project Manager; Phone: (561) 799-3855; Fax: (561) 799-6579 Keith and Schnars. P.A. Address: 900 East Ocean Boulevard, Suite 340-E, Stuart, FL. 34994 Contact: William Smith, P.E., Project Manger; Phone: (772) 287-2626; Fax: (772) 286-7999 Kimlev-Horn and Associates. Inc. Address: 10521 S.W. Village Center Drive, Suite 103, Port St. Lucie, FL. 34987 Contact: Gabe Henehan, P.E., Project Manager; Phone: (772) 345-3800; Fax: (772) 286-0138 LBFH. Inc. Address: 3550 S.W. Corporate Pkwy., Palm City, FL. 34990 Contract: Sean Donahue, P.E.; Phone: (772) 286-3883; Fax: (772) 286-3925 Metric Enaineerina Address: 6415 Lake Worth Road, Suite 305, Lake Worth, FL. 33463 Contact: Martin Marquez, P.E., Project Manger; Phone: (561) 966-6550; Fax: (561) 966-6172 Miller Leaa Address: 749 S.E. Port St. Lucie Boulevard, Port St. Lucie, FL. 34984 Contact: Sandra M. Smith, P.E.; Phone: (772) 344-3431; Fax: (772) 344-5011 PBS&J Address: 3230 Commerce Place, Suite A, West Palm Beach, FL. 33407 Contact: Jeffrey Herr, P.E., Project Manager; Phone: (561) 689-7275; Fax: (561) 689-3884 Sutron Corporation Address: 6903 Vista Parkway North, Suite 5, West Palm Beach, FL. 33411 Contact: Thomas Keefer, Ph.D., P.E., Project Manager; Ph: (703) 406-2800; Fax: (703) 406-2801 URS Corporation Address: 7800 Congress Avenue, Suite 200, Boca Raton, FL. 33487 Contact: Robert Zuccaro, P.E.; Phone: (561) 994-6500; Fax: (561) 994-6524 Wantman Group. Inc. Address: 548 Mercantile Place, Port St. Lucie, FL. 34986 Contact: Mark Warner, P.E., Project Manager; Phone: (772) 408-5258; Fax: (772) 408-5284 Water Resources Manaaement Associates. Inc. Address: 8264 Pilot's Cove Terrace, Hobe Sound, FL. 33455 Contact: Raul Mercado, PE, CFM; Phone: (772) 485-5549; Fax: (772) 545-0630 NUMBER OF COMPANIES NOTIFIED*: 918 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 63 NUMBER OF BIDS RECEIVED: 20 *per demandstar.com JOSEPH E. SMITH, District No,1 . DOUG COWARD, District No.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTCHINSON. 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-Iucie.fl.us -- .. I: Z Q) o E ëñ~ ~ ~ C ns C)::E Z .. - Q) a:::1ó w~U) W:N ~äq g~ C)..CÞ J C zrn~ .:.3 w,- ~g¡fi: z.~ a::: ::J ~ o Q) om !!:!g' o .¡: ::J Q) oJ ê ¡":'ëI rn I: W ... S ~ . ! \; $ = II:: en II:: ::> e e. :; 0 en U ;J en III ... ~ ..Ji \ " i ...../ ~ ~ a I .fi ~ tJ<) ..J ~ . E Ë 0 ~ J: oJ ~ ;; c "¡ .c '" ,j! C : "Ë c o 0 ..., ..., II ;j- oJ è oJ .~ ~ c 0 W U U C w iã I: o ïii III oS! o .. 0.. i ~ U W ¡ g; ð w B t{ ~ Æ ~ oJ ~ ~ o U \- Ñ N l/) ~ r- --r ~ N r- ,+ r<) .~ .~ .~ ~ ~ j- ~ ~ r o \.]'I ~ ~ \.t-. * ~ 1.n .~ 1.1'\ ~ ':!- ~ ~ ~ \)'-00 - ~ .- ¡- Ì'- çs-Ì' ¡{\~ ti ~ ('0 ~ 1.1\ c{ tc>* ~ "\:A ...S) \P .~ '-::1- (J '± Ì' r- c-6 \J\ () ~ ~ tIT ~ - ~ ~-~2~i(/) ~~~~ ~~a~~O~~(t)~~~~ zª!Z~ffiz~cn~~~~g iw«t;;æoãZ~WZUU ffi~~~~B~~~~8~~ ~ffifto~g~~~~~~~ 1~~iêi~;t~~3ffi~ ~ ~::J ~ 0 5 ~ a:: ~ .~ I- ~w~ u: 8 ~ ! .~ r{\ --..9 6 a G ~G ~ @ ~@ ~ œ E E ~ ø on õ e 8 ~@ E ~ ê ª 8- ~G 15~ \V r- I g o " [ õ ~ ð U } ~ § ø ~ o l " M "" g ø .1] ~ M .- AGENDA REQUEST ITEM NO. C- t ~V DATE: April 4, 2006 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ~~ SUBJECT: Request permission to advertise for proposals from qualified engineers and professionals to provide Assessment Preparation and Maintenance Services under continuing contracts with St. Lucie County. ~ ichael V. Po ey, P.E. -r~ County Engineer BACKGROUND: See attached memorandum. FUNDS AVAIL.: n/a PREVIOUS ACTION: n/a RECOMMENDATION: Staff requests permission to advertise for proposals from qualified firms to provide Assessment Preparation and Maintenance Services under the limitations of the St. Lucie County Purchasing Manual and the Florida State Statutes. [ ¥ APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED E: COMMISSION ACTION: o I . Änderson County Administrator Coordination/Sianatures (x]County Attorney (x]Originating Dep!. Public Works fi~~ . rfp adv aga rfp assmt services rr ~ ( ]Mg!. & Budget (x]Purchasing Ð r ( ]Exec, Ass!. (x]MSBU Coor =j?P DIVISION OF ENGINEERING MEMORANDUM 06-005 TO: Board of County Commissioners FROM: Mike Powley, County Enginee~~' DATE: March 24, 2006 SUBJECT: RFP for Continuing Contracts - Assessment Preparation and Maintenance Services BACKGROUND Currently, all departments within St. Lucie County utilize the continuing contract services administered by the Engineering Division on an as-needed basis for various engineering disciplines. We would like to begin the RFP process to seek qualified 'engineering firms and professionals to provide assessment preparation and maintenance services. This contract will be utilized to perform assessment services for various infrastructure improvements throughout St. Lucie County. Contracts will have a two-year time limit with the optional one-year extension. This contract will provide County staff with additional assistance in preparing and annually maintaining assessment rolls. AGENDA REOUEST /' 1./ ITEM NO. .1i::.J' DATE: April 4, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Library PRESENTED BY: Susan Kilmer SUBJECT: St. Lucie West Library - Contracted Services BACKGROUND: St. Lucie County has been a partner with Indian River Community College to provide Library services in the St. Lucie West community since 1995. The funds for these services have been allocated through the Library's State Aid to Libraries grant funding since 1995 and through the general fund beginning in FY02/03. FUNDS AVAILABLE: 105-7115-534000-7950 001-7110-534000-7950 Contracted Services Contracted Services PREVIOUS ACTION: The Board of County Commissioners entered into an agreement with Indian River Community College to provide public library services on the St. Lucie West campus. These services have been in place since 1995 with contract #C95-08-592. RECOMMENDATION: Staff recommends that the Board of County Commissioners approves the expenditure of $164,003 for Contract Services at the St. Lucie West Library. Staff recommends that the County Administrator be authorized to sign the purchasing requisition for payment of services to Indian River Community College and Indian River Community College Foundation. [Xj APPROVED [ ] OTHER: [ ] DENIED CE: COMMISSION ACTION: Approved 5-0 oug Anderson County Administrator ,~ X County Attorney: þ./ <K. Originating Dept: :56;( Coordination/Signatures } Management & Budget: ~ Purchasing: Public Works: Other: "C';_ft...^,," If"''''^^1,. ç^"," r"..,.,.y __1..., ;ç ",........1~^"'h1.....\ MEMORANDUM ST. LUCIE COUNTY LffiRARY DATE: Board of County Commissioners Susan Kilmer, Library Director .þfl-lL-- !)://jl¡¿0 March 24, 2006 TO: FROM: SUBJECT: St. Lucie West Library The Board of County Commissioners entered into an interlocal agreement with Indian River Community College in 1995 to provide Library services in a branch capacity on the St. Lucie West Campus of IRCC. The St. Lucie West Library is a three (3) way usage facility with students from Indian River Community College, Florida Atlantic University and the general public having access to all of the technology and collections available at this site. The Library Department, through the State Aid to Libraries grant program and General fund, provides funding for three (3) full time staff members; funds for the collection; as well as operational funds on an annual basis. The funds needed to help in the operation of the St. Lucie West Library for FY05/06 was calculated to be $199,953; with $164,003 paid directly to Indian River Community College and $35,950 for the book rental plan, audio book plan, reference books, and subscriptions paid directly to the vendors. This cooperative venture continues to be a win-win endeavor for the residents of St. Lucie County, with the growth in Port St. Lucie we are seeing more and more new residents signing up for library cards and coming in for internet access. The access to advanced technology, on-site computer training and a diverse collection of materials for public use is a wonderful addition to the Library System. The statistics continue to show that the greatest use of this facility does come from the general public - so for the money spent, the County is getting an excellent return on their investment. We look forward to our continued cooperative library service for this community. St. Lucie West Library Budget 2005-2006 Salaries & Benefits Books* Subscriptions* Landmark Audio Books* Postage* Other (supplies, utilities, etc) $144,003 29,100 5,000 1,800 50 20.000 $199,953 Funding for St. Lucie West Library State Aid to Libraries Grant funds County General Revenue funds $131,953 68,000 Items marked with an asterisk (*) are paid by the Library for St. Lucie West, remaining items are paid directly to Indian River Community College and/or Indian River Community College Foundation. · , AGREEMENT between INDIAN RIVER COMMUNI1Y COLLEGE and ST. LUCIE COUN1Y relating to THE PROVISION OF UBRARY SERVICES AT ST. LUCIE WEST .~ This Interlocal Agreement is made by and between the DISTRICT BOARD OF TRUSTEES of INDIAN RIVER COMMUNITY COLLEGE, (hereinafter referred to as "Trustees") and ST. LUCIE COUN1Y, a political subdivision of the' State of Florida (hereinafter referred to as "County") to provide a joint use library. WHEREAS, Trustees own real property including a 10,000 square foot library building at the St. Lucie West Campus; and, WHEREAS, it is Trustee's desire to provide full library facilities for its students and faculty at the St. Lucie West Campus: and, WHEREAS. it is County's desire to provide branch library seNices in the St. Lucie \Nest area as part of the St. Lucie County Public Library System; and, WHEREAS, the parties hereto have determined that it would be to the mutual advantage of each and in the best interest of both the citizens of St. Lucie County and the faculty, staff, and students of Indian River Community College to provide for the joint use of library facilities. 1 'f .' NOW, THEREFORE, in consideration of the mutual advantages accruing to the parties and the benefits, promises, and considerations hereinafter set out, Trustees and County agree as follows: I. PURPOSE AND INTENT Trustees and County wish to maximize the use of their respective resources and to provide state-of the-art information services for the students and faculty of Indian - River Community College and the residents of 51. Lucie County. It is further the intent of the parties: A To provide high quality library services to the public at large and to the faculty and students of the College. 8. To maximize the use of funds and facilities for libraries and avoid unnecessary duplication of facilities and services. C. To jointly provide programs and facilities that are better than either entity could provide on its own. D. To further the relationship betvveen College and the community. E. To provide students and faculty of the College with access to the larger holdings of the Library. F. To provide the citizens of 51. Lucie County with access to the electronic resources of the College. II. ROLE OF THE PARTIES ~ In consideration of mutual covenants and promises herein contained, Trustees and County agree as follows: 2 A. County agrees to provide funds to Trustees in the amount of $118,939 for the purchase of equipment, shelving, books, subscriptions, audiovisual resources, supplies, utilities, and support one full-time staff position including benefits. The 1994-1995 budget to accomplish these ends is attached and hereto referred to as Exhibit A. For fiscal year 1995-96, County agrees to provide funds to Trustees in the amount of $50,000 for the purchase of books, subscriptions, audiovisual resources , supplies, utilities, and additional funding to support one full-time staff position including benefits. B. For future fiscal years, the parties agree to meet on or before February 1 of each fiscal year beginning February 1, 1996 to confer and develop a proposed operating budget. Trustees agree to provide County within ninety (90) days following the end of each fiscal year .evidence of expended funds provided and receipts .- supporting those expenditures. C. County agrees that the responsibility for the administration of the shared resources center rests with the College's Learning Resources Director. D. County and Trustees agree that a joint liaison committee wili be established consisting of representatives of the two institutions to examine the shared resources operation and advise the Director on budget, acquisitions, and other aspects of the joint use library operation. E. Trustees agree that equipment and maintenance thereof will be the .~ responsibility of the Trustees except that County will be responsible for the SIRSI on-line catalog terminals and peripherals. 3 F. Trustees agree to inventory and advise County of any and all library materials, equipment and furnishing purchased with County funds. Trustees agree that County will control the selection and purchase of books and materials by County for the library . G. Trustees will house within existing library facility mutually agreed upon collections or newly purchased library materials that County deems necessary to support the residents of County. H. Trustees and County agree to provide reciprocal borrowing for residents of St. Lucie County and the faculty and students of the College. L Trustees agree to circulate County's library materials on County's circulation system. J. Trustees agree to provide County access to the College's electronic .'. resources. "" " " K. Trustees and County will mutually agree upon a wiring infrastructure ~.~ that will accommodate the library automation systems in use at the 81. Lucie West library facility . L. Trustees agree to be responsible for damages to County's ". designated equipment and to give proper notification to County when equipment needs normal maintenance or basic service occurring during the periods County's designated equipment is used by Trustees. . """ 4 ( .. M. \M1en fully operational, Trustees agree to open the library for public use during the following minimum hours: Monday through Friday 9:00 a.m. - 5:00 p.m.; two nights each week until 8:00 p.m. and fror:n 9:00 a.m. - 12:00 p.m. on each Saturday. N. In the event of discontinuance of funding by the Florida Legislature in subsequent years, or the termination of this contract, the SIRSI library system and rental book collection shall revert to County. All other items shall become the property of Trustees. O. County agrees that Florida Atlantic University will participate in the shared resources center. All parties participating agree to the conditions necessary to maximize access to the information resources provided by each institution. III. TERM: TERMINATJON This Agreement shall be effective for a period of twenty (20) years beginning July 1, 1995; provided, however, that either party may elect to terminate the agreement with or without cause on 120 days written notice of said term ¡nation. Funds involved in said agreement shall be prorated through the date of termination. IV. AMENDMENT This agreement may be amended by written agreement of the parties. V. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic .~ communication) and shall be (as elected by the person giving such notice) hand delivered 5 ·' . by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, and addressed to: . As to St. Lucie County: VVith a COpy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to Trustees \/Vith a COpy to: President Indian River Community College 3209 Virginia Avenue Fort Pierce, Florida 34982-5596 IRce Board of Trustees Attorney 311 South Second Street Fort Pierce, Florida 34950 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the_ date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer back if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. VI. AUDIT The parties agrees that either party or any of its duly authorized representatives shall, until the expiration of fIVe (5) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books documents, papers, and records of the other party involving transactions related to thi' .~ Agreement. 6 '. VII. PUBUC RECORDS The parties shall allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with this Agreement. VIII. ASSIGNMENT No party shall assign this Agreement to any other persons or firm without first obtaining the non assigning parties' approval. IX. WHOLE UNDERSTANDING 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 supersede all previous communications, representations, or agreements. ei!h~r verbal or written. between the parties hereto. IN W1TNESS WHEREOF. the parties have caused the execution by their duly authorized officials as of the date aforesaid. ATIEST: BOARD OF COUNTY COMMISSIONERS BY: APPROVE AS TO FORM AND CORR .~ BY: 7 · . .' " , .;~. ," - ". ";,.( ;~ ATTEST: i BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE BY: ~7~~SEY PRESIDENT ~t~~ I , '~ ,. APPROVED AS TO FORM AND CORRECTNESS BY: -<%?~ ATTO Y 8 , ITEM NO. SA DATE: 4/4/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER, DIRECTOR SUBJECT: Award of Invitation for Bids #15, #16, #17, #18, and #19 CDBG Housing Rehabilitation- Community Services Department BACKGROUND: See the attached memo and attachments. FUNDS AVAILABLE: Account No. 001172-6420-549605-600 - C.D.B.G. Grant Account No. 185005-5420-549601-500 - S.H.I.P. Account Account No. 001174-6420-549605-600 - Home Again PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff recommends the award of the following Bids to the low bidder in each bid, Angus Enterprises, Inc.: Bid #15 in the amount of $41,250.00, Bid #16 in the amount of $30,550.00, Bid #17 in the amount of $54,020.00, Bid #18 in the amount of $102,000.00, and Bid #19 in the amount of $138,500.00. Staff also requests Board authorization for the Chairman to sign the contracts as prepared by the County Attorney. ~) APPROVED ( ) OTHER Approved 5-0 ( ) DENIED COMMISSION ACTION: E: OU ANDERSO COUNTY ADMINISTRATOR Coord ination/Siqnatures County Attorney (x) Originating Dept. ( ) fÅ// Mgt. & Budget (x) ~-t;,O ~ Purchasing (x) ~ yO Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ PURCHASING DEPARTMENT MEMORANDUM FROM: Board of County Commissioners Ed Parker, Purchasing Director aI March 28, 2006 TO: DATE: RE: Award of Invitation for Bids #15, #16, #17, #18, and #19 COBG Housing Rehabilitation BackQround: On February 16, 2006, Invitation for Bids #15, #16, #17, #18, and #19 were advertised in the Port St. Lucie News and Fort Pierce Tribune newspapers. On March 16,2006, submittals to Invitation for Bids (IFB) #15, #16, #17, #18, and #19- COBG Housing Rehabilitations were opened. Two (2) submittals were received for each bid, from Alton M. Silver III Corp. and Angus Enterprises. On March 17, 2006, Alton Silver of Alton M. Silver III Corp. wrote me a letter retracting his bids for I FB # 17, #18, and #19 (letter attached) of which he was the low bidder. On March 16, 2006, the COBG Citizen's Advisory Task Force met and made the recommendations for awards listed below. Recommendation: Staff recommends the award of the following Bids to the low bidder in each bid, Angus Enterprises, Inc.: Bid #15 in the amount of $41,250.00, Bid #16 in the amount of $30,550.00, Bid #17 in the amount of $54,020.00, Bid #18 in the amount of $102,000.00, and Bid #19 in the amount of $138,500.00. Staff also requests Board authorization for the Chairman to sign the contracts as prepared by the County Attorney. EP/jc Page 1 of 1 Edward Parker - Fwd: CATF - BOCC Award Memo Revised From: To: Date: Subject: cc: John Franklin Parker, Edward 3/27/20063:24 PM Fwd: CATF - BOCC Award Memo Revised Myers, Stefanie; Parrish, Jessica Per our conversation it is my rercommendation that we move forward with these projects. I have no problem with the contractor with drawing from these project with the reasons he presented. Many Thanks John A. Franklin Housing Manager St. Lucie County Community Services Phone: (772) 462-2375 Fax: (772) 462-1703 »> <Nsp920@aol.com> 3/25/2006 12:53 pm »> John -- Attached, just in case you need it, is a revised BOCC award memo noting that Mr. Silver withdrwe his bids. Since I didn't get a file copy of any changes that the County might have made to the previous memorandum, I prepared the attachment. Thanks! Nancy Phillips Nancy Phillips & Associates 7408 Edisto Drive Lake Worth, FL 33467 561-432-1524 - Office 561-432-6734 - Facsimile file:/ /C: \Documents%20and%20Settings\Administrator\Local %20Settings\ Temp \GW} 000... 3/27/2006 7408 Edisto Drive Lake Worth, Florida 33467 MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. Tel: FAX: 561-432-1524 561-432-6734 March 16, 2006 Transmitted Via Email TO: St. Lucie County Board of County Commissioners FROM: Nancy Phillips, CDBG Consultant SUBJECT: Overview ofCDBG Housing Applicants - IFB's #15, #16, #17, #18 and #19 CDBG Contract No.: 05DB-H13 On March 16th bids were opened for the first five (5) CDBG housing rehabilitation applicants. The St. Lucie County Citizens' Advisory Task Force for the CDBG program met and made the following recommendations for the BOCC to consider so award of these contracts might be made at an upcoming BOCC meeting. The following contractors submitted bids on the above noted projects: 1. Alton Silver Homes 2. Angus Enterprises, Inc. Please note that after the bid opening Alton Silver Homes withdrew their bids. Please remember that if you are related to any of the housing applicants, a Conflict of Interest must be filed and the CDBG waiver process adhered to. Please consider the following recommendations: IFB #15 - Applicant - Anna Lyles. 3203 Kingsley Drive. Ft. Pierce Size of Household - 1 Qualifies - Low-to-Moderate Income (LMI) Range Type of Work Being Undertaken Item # System Description of Work Location 001 INTERIOR Replace paneling for front wall in dining room. Repair Various drywall under window in kitchen. Replace attic access door. 002 PLUMBING Install 3 handicap grab bars in locations detennined by Various homeowner. Replace gas water heater including new exhaust and combustion air vents. 003 ELECTRICAL Replace light fixture in utility room. Replace gas range, Various install vented range hood. Install GFIC receptacles in kitchen, bathroom, and exterior to meet code. Install smoke detectors in bedrooms and hallway, hardwired in sequence, with battery backup. 004 HVAC Install new electrical heating system with service to all All habitable rooms. Include all electrical, piping, and other items necessary for a complete system. Remove wall heater, patch hole. 005 INSULATION Insulate attic to minimum R-30. Attic 006 WINDOWS Replace 17 windows. Include new shutters to meet All coastal zone codes. Remove existing bars and leave with homeowner, do not re-install. 007 DOORS Replace master bedroom, and both bathroom doors with Bedroom and new pre-hung 36" doors and new hardware. bathrooms 008 PAINTING Paint exterior. All Bids Received: Alton Silver III Homes - $38,325.00 - Withdrew Bid Angus Enterprises - $41,250.00 Recommendation -- Consider award to low bidder, Angus Enterprises, in the amount of $41,250.00. CDBG - $32,925.00 HOME AGAIN - $8,325.00 IFB #16 - Gloria Lockridge - 1509 N 42nd Street p, Fort Pierce Size of Household - 1 Qualifies - Very Low Income (VLI) Range Type of Work Being Undertaken Item # System Description of Work Location 001 PLUMBING Have septic tank pumped and system inspected. Various Replace tub surround, replace towel bar. Replace electric water heater. 002 ELECTRICAL Install light fixtures in kitchen, hall, and bathroom. Various Install GFIC receptacles in kitchen, bathroom, and exterior to meet current codes. Install smoke detectors in bedrooms, and hallway, wired in sequence, with battery backup. 003 HVAC Install central electric heating system with service to all All habitable rooms. Include all electrical, ductwork, piping and other items necessary for a complete system. 004 WINDOWS Replace 8 windows (all except for kitchen). Install new All (except for stonn shutters to meet coastal zone codes for all kitchen). windows including kitchen. 005 PAINTING Patch holes, paint exterior. All Bids Received: Alton Silver III Homes - $30,846.00 - Withdrew Bid Angus Enterprises - $30,550.00 2 Recommendation -- Consider award to low bidder, Angus Enterprises, in the amount of $30,550.00. CDBG - $25,000.00 HOME AGAIN - $5,550.00 IFB #17 - Francesca Petrocelli - 5802 Seagrape Drive. Fort Pierce Size of Household - 4 Qualifies - Very Low Income (VLI) Range Type of Work Being Undertaken Item # System Description of Work Location 001 INTERIOR and Install and finish drywall for doorway from entryway to Various EXTERIOR dining room. Remove garage door, install interior and exterior wall with one window, texture and finish drywall wall. Texture and finish ceiling in master bedroom. Paint new and retextured walls and ceilings. Paint bathroom walls and ceilings. Install threshold strips for flooring between kitchen and dining room, and entryway to dining room. Replace crawlspace door in addition. 002 PLUMBING Have septic tank pumped out and system inspected. Various Replace well pump. Replace washing machine faucets. Install PRY for water heater, pipe to exterior. Replace washers for shower faucet, snake drain. Replace missing tile for vanity. 003 ELECTRICAL Replace globe for exterior fixture. Replace kitchen light fixtures. Install fixture in closet. Replace two light switches in dining room. Install GFIC receptacles as follows: I exterior, 3 kitchen. Install smoke detectors to meet current codes. 004 HVAC Replace return air vent assembly. HVAC 005 INSULA nON Insulate attic to minimum R-30. Attic 006 WINDOWS Replace 10 window screens. Windows 007 DOORS Replace 7 closet doors. Various Bids Received: Alton Silver III Homes - $49,411.00 - Withdrew Bid Angus Enterprises - $54,020.00 Recommendation -- Consider award to low bidder, Angus Enterprises, in the amount of $54,020.00. CDBG - $38,000.00 HOME AGAIN - $16,020.00 IFB #18 - Georgia Scretchen - 3005 Anderson Drive. Ft. Pierce Size of Household - 1 Qualifies - Very Low Income (VLI) Range Type of Work Being Undertaken 3 Item # System Description of Work Location 001 EXTERIOR Repair damaged exterior wall in front of house. Front 002 INTERIOR Replace all drywall ceilings throughout. Paint ceilings. All 003 ROOF Replace shingles, including all deteriorated roof decking All and support members. Replace all soffit and fascia. 003 PLUMBING Replace tub, surround, valves and fixtures. Replace Various kitchen sink and bathroom sink and vanity. Replace exhaust vent and install combustion air vent for water heater. Install 3 handicap grab bars in bathroom. 004 ELECTRICAL Replace all light fixtures. Install vented range hood. Various Replace panel and service with minimum 200 amp panel and service. Install GFIC receptacles in kitchen and bathroom to meet code. Install smoke detectors in bedrooms and central hallway, hardwired in sequence, with battery backup. 005 HVAC Install new central electric heating system with service All to all habitable rooms. Include all piping, electrical, ductwork, air handler closet with door, and all other items to make a complete system. 006 INSULATION Insulate attic to minimum R-30. Attic 007 WINDOWS Replace 15 windows. Include new storm shutters to All meet coastal zone codes. 008 DOORS Replace 2 exterior doors, 2 screen doors, 4 interior Various doors (3 bedroom, bathroom) and 5 closet doors (3 bedroom, 2 hallway). Install new pre-hung doors with new hardware with deadbolts keyed alike for the exterior doors. 009 CABINETS Replace kitchen cabinets with same footage, including Kitchen new countertops. 010 FLOORING Replace carpeting in living room, hallway, and 3 Various bedrooms. Install new sheet vinyl flooring in kitchen and dining room. 011 PAINTING Paint exterior. All Bids Received: Alton Silver III Homes - $91,625.00 - Withdrew Bid Angus Enterprises - $102,000.00 Please note that this applicant is Very Low Income and cannot afford the increase in property taxes if the house was demolished and a new replacement house constructed. This is why the CATF is recommending rehabilitation of her home. Recommendation -- Consider award to low bidder, Angus Enterprises, in the amount of $102,000.00. Request that BOCC approve award of this amount that exceeds the $39,999 limit per house noted in the CDBG Housing Assistance Plan. There are sufficient CDBG funds to cover this amount. CDBG - $57,000.00 HOME AGAIN - $45,000.00 4 IFB #19 - Elizabeth York - 2810 S. 35th Street. Ft. Pierce Size of Household - 1 Qualifies - Low-to-Moderate Income (LMI) Range Type of Work Being Undertaken Item # 001 002 003 004 System DEMOLITION SITEWORK NEW STRUCTURE ELECTRICAL, APPLIANCES, AND BV AC Description of Work Demolition and safe, legal, disposal of all materials, abandonment of existing septic tank, and clean up of job site for the construction of the new house. Special attention should be directed to the attached reports regarding asbestos containing materials and recommendations in those reports. Any recommendations included in the reports regarding asbestos shall become part ofthe Work. Provide mandatory boundary, site survey and plan. Preparation of site for new construction shall include all fill dirt required, grading, compacting and testing necessary for this house including curb cuts, driveway aprons, and sodding required. Any site in a flood zone shall be constructed at least one foot above base flood elevation. The required certificate of elevation is the responsibility of the contractor, if property is located in the flood zone. Treat for termites prior to pouring slab. The new house shall consist of the following: Minimum 1000 sq. ft, 2 bedroom, one bath, and kitchen - living room combination. Materials shall be concrete slab-on-grade, CMU walls, and shingled hip roof with aluminum vented soffits and roof vents. All plans and permitting shall be the responsibility of the contractor. Exterior shall be painted with one main color and one trim color. Minimum 200 amp service and wiring to meet NEC. (Note: electric service shall be located on side or rear of house). New 4 burner electric stove, new electric water heater, range hood, all electrical fixtures, switches, and other items necessary for a complete house in move-in condition. Provide new minimum 18 cu. ft. frost-free refrigerator. BV AC system shall be new central electric heat pump heating and air conditioning system with service to all habitable rooms. Include all ductwork, air handler closet, pipine, electrical and 5 Location All All All All 005 INTERIOR 006 PLUMBING 007 WINDOWS 008 CABINETS 009 MISe. Bids Received: other items necessary for a complete system. Provide plaster or drywall walls, textured ceilings, new carpet in living room, bedrooms and hall, and vinyl flooring in kitchen and bathroom. All walls and ceilings to be painted one color. Insulate walls to minimum R-11, and ceilings to R- 30. Include all interior and exterior doors, screen doors, and closet doors necessary. Exterior doors shall include deadbolts, keyed alike. New plumbing fixtures shall include toilet, walk in shower with built in seat, fiberglas construction, and kitchen sink. Install washer and dryer hook- ups in enclosed space with louvered doors and utility shelving, and 2 exterior hose bibs. Connect to community water system if available, or existing well. Provide new septic system and drain field. For bidding purposes, provide price for an elevated system, with five feet of fill for the drain field. Final price will be adjusted based on the actual system required by the permit, and actual system constructed. Windows shall be aluminum frame, single hung, single pane with screens. Number, size and location to be determined by contractor's plans. Bedroom windows must be sized properly for egress. Storm shutters must meet coastal zone codes. Provide minimum 10' of base cabinets and countertops, and 8' of wall cabinets in kitchen. Provide medicine cabinet and mirror in bathroom with light above mirror. Provide minimum of 2 towel bars in bathroom, toilet paper holder, shower bar, and minimum 5' X 5' concrete pads at exterior entrances. Install 911 addressing as required. All All All Kitchen Various Alton Silver III Homes - $148,500.00 - Withdrew Bid Angus Enterprises - $138,500.00 Recommendation -- Consider award to low bidder, Angus Enterprises, in the amount of $138,500.00. CDBG - $38,000.00 HOME AGAIN - $45,000.00 SHIP - $55,550.00 6 A complete copy of each IFB is on file in the County's Purchasing Department and the St. Lucie County S.H.I.P. Department in the appropriate CDBG applicant files if you wish to review these documents. Please do not hesitate to contact me if you have any further questions and/or comments. /nsp c: John Franklin, St. Lucie County Housing Manager Beth Ryder, St Lucie Community Services Director 7 jIfton Jvl. Siever III Corp 8031pli CourtS~ 'Vero <Beach, P{oriáa 32962 Office (772) 778-5606 pax:.(772) 778-0279 March 17,2006 Ed Parker, Director Purchasing Department St. Lucie County 437 7th Street Fort Pierce, FL 34950 Attn: John Franklin Dear Sir: Due to the amount of work I am contracted for with the county, the amount of money I am out-of-pocket, and not being paid in a timely manner; it is imperative that I be paid in a timely fashion. I must inform you there was an error in my proposals bid March 16, 2006. I have no choice but to decline Project #15, Lyles, Project #17, Lockridge, Project #18, Scretchen. km/AS , ITEM NO. SB DATE: 4/4/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER. DIRECTOR SUBJECT: Permission to reject bid received for Invitation for Bids (lFB) 06-032 - Purchase of Asphalt BACKGROUND: See the attached memo. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff recommends Board rejection of the bid received for Bid #06-032 - Purchase of Asphalt, because it does not meet the requirements of the Road & Bridge Division. Staff also requests Board approval to re- advertise for Invitation for Bids (IFB) for Purchase of Asphalt. ()j APPROVED ( ) OTHER Approved 5-0 ( ) DENIED COMMISSION ACTION: CE: OU ANDERSON COUNTY ADMINISTRATOR County Attorney (x) J} Coord ination/Sianatures Originating Dept. ( ) Mgt. & Budget (x) Other ( ) Purchasing (x) ~§) f Other ( ) Finance: (check for copy, only if applicable)_ ....... PURCHASING DEPARTMENT MEMORANDUM DATE: Board of County Commissioners Ed Parker, Purchasing Director t:;;A f March 28, 2006 TO: FROM: RE: Permission to reject bid received for Invitation for Bids (IFB) 06-032 - Purchase of Asphalt BackQround: On March 15, 2006, submittals were opened for Bid #06-032 - Purchase of Asphalt. One hundred and sixty-seven companies were notified, six bid documents were distributed, and one bid was received from Dickerson Florida, Inc. Dewey Hudman, Asst. Road & Bridge Manager, has requested that this proposal be rejected, because Dickerson Florida, Inc. specified a 10-tons per purchase requirement. The County does not have a hot patch truck with that capacity, therefore the bid must be rejected and the Invitation for Bid must be re-advertised. Recommendation: Staff recommends Board rejection of the bid received for Bid #06-032 - Purchase of Asphalt, because it does not meet the requirements of the Road & Bridge Division. Staff also requests Board approval to re-advertise for Invitation for Bids (IFB) for Purchase of Asphalt. EP/jc BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, CPPB TABULATION SHEET - BIO# 06-032 PURCHASE OF ASPHALT ROAD & BRIDGE DIVISION OPENED: MARCH 15,2006 AT 2:00 P.M. One (1) submittal by Dickerson Florida, Inc., Fax: (772) 429-4445 Number of Companies Notified*: 167 Number of Bid Documents Distributed*: 6 Number of Bids Received: * Per Demandstar.com Page 1 of 1 , Edward Parker - Purchase of Asphalt Bid - Bid #06-032 From: To: Date: Subject: CC: Dewey Hudman Edward Parker 3/23/2006 9:42 AM Purchase of Asphalt Bid - Bid #06-032 Desiree Cimino; Scott Herring; Tammy Murphy Hi Ed, I received your bid tab sheet and see there was only one bid. In reviewing this bid, the bidder, Dickerson Florida, wrote on their bid sheet that we would have a minimum of 10 tons per purchase. We do not have a hot patch truck with that capacity. Therefore, we are requesting you to do an agenda to reject this bid and permission to re-advertise. Please make a changes to the bid Specifications that state "The maximum quantities will be Five tons or less per load using the Road & Bridge Hot Patch truck." Thanks for your help. file:/ /C: \Documents%20and%20Settings\Administrator\Local %20Settings\ Temp\GW} 000... 3/23/2006 11 ........- ITEM NO. SC DATE: 4/4/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: ED PARKER, DIRECTOR SUBJECT: Permission to Advertise for Request a Proposals (RFP) for a three (3) year lease of golf carts and Carry-All gasoline driving range vehicles for Fairwinds Golf Course BACKGROUND: See the attached memo. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff requests the Board's permission to advertise Request for Proposals (RFP) for a three (3) year lease of golf carts and Carry-All gasoline driving range vehicles for Fairwinds Golf Course. COMMISSION ACTION: CE: (~APPROVED () DENIED ( ) OTHER DO G NDERSON Approved 5-0 COUNTY ADMINISTRATOR County Attorney (x) Originating Dept. ( ) }K Coordination/SiQnatures Mgt. & Budget (x) Other ( ) Purchasing (x) d/ Other ( ) Finance: (check for copy, only if applicable)_ « . .. PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Ed Parker, Purchasing Director tJ, P DATE: March 28, 2006 RE: Permission to Advertise for Request a Proposals (RFP) for a three (3) year lease of golf carts and Carry-All gasoline driving range vehicles for Fairwinds Golf Course Backaround: Matt Baum, Golf Course Manager, has asked that the Purchasing Department request permission to advertise a Request for Proposals (RFP) for a three (3) year lease of golf carts and Carry-All gasoline driving range vehicles to be used at Fairwinds Golf Course. He has specified the equipment features necessary on the attached memorandum. Recommendation: Staff requests the Board's permission to advertise Request for Proposals (RFP) for a three (3) year lease of golf carts and Carry-All gasoline driving range vehicles for Fairwinds Golf Course. EP/jc .- 'ÍÌ PARKS & RECREATION DEPARTMENT FAIRWINDS GOLF COURSE 4400 FAIRWINDS DRIVE. FT PIERCE, FL 34946 (772) 462-2722 . (772) 462-3589 MATTHEW BAUM, GOLF COURSE MANAGER MEMORANDUM TO: Ed Parker, Purchasing Director FROM: Matt Baum Golf Course Manager DATE: March 21,2006 Subject: Permission to Advertise Please request permission from the Board of County Commission to advertise a Request for Proposal (RFP) for golf carts, and Carry-All gasoline driving range vehicles, under a three (3) year lease. The following specifications are required for a new fleet: Golf Carts: · 48 volt electric vehicles · Heavy duty 8-volt batteries · Full automatic power drive chargers · Canopy tops · Sweater baskets · Bagwell liners · Number decal for each cart · Extra cup holder · Premium tread tires · golf club protectors · Windshields · Scuff guards · Sand bucket kits with lids (2 per cart) · Warranty on batteries and tires ~ ã -0 0.- C =:: :::0 E ~ 0:::0 ::c rrl 0 Ñ :;;"'0 Rï Ñ ([2 CD -?" <:.:.:: 0 ;¡ .-- ÏÎ 0 G") c.::J c= CJ ~ - ,-n ., :9t 0 ..0 Carry-All Ranger Vehicles: · Carry-All gasoline driving range vehicles · 286 CC 9-HP four cycle engines · Fuel gauge · 4-ply premium tires · Hour meter · Heavy duty front bumper · Range picker bumper mounted · Driving range protective enclosures If you have any questions, please contact me. Thank you. .......- ITEM NO. SD DATE: 4/4/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING Ed Parker. Purchasinq Director SUBJECT: Fixed Asset Inventory - Property Record Removal and permission to advertise Invitation for Bid (IFB) to sell the attached list of equipment. BACKGROUND: Please see attached memo. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Consider staff recommendation that the Board authorize staff to remove the attached records from the fixed asset inventory and authorize permission to advertise for bids. COMMISSION ACTION: Approved 5-0 NCE: t(] APPROVED [] DENIED [ ] OTHER: Coordination/Sianatures County Attorney: (X) Mgt. & Budget:( ) Purchasing Dir.: (X) q f Other: Originating Dept: Other: Finance: (Check for Copy only, if Applicable) , . PURCHASING DEPARTMENT MEMORANDUM TO: FROM: Board of County Commissioners Ed Parker, Purchasing Director £if ( DATE: April 4, 2006 RE: Fixed Asset Inventory - Property Records Removal The Fixed Assets on the attached list are no longer in use. The equipment was offered to other County Departments on the Intranet from March 13th thru March 28, 2006. The Park and Recreation Fairwind Golf Course have requested that they be removed from the Inventory and advertised an Invitation to Bid (IFB) to solicit vendor to purchase the equipment. Staff recommends that the Board authorize staff to remove the attached records from the Fixed Asset Inventory and authorize permission to advertise for bids. EP/jc Page I of I Edward Parker - Golf course surplus equipment From: To: Date: Subject: Christopher Gamble Parker, Edward 3/7/20068:53 AM Golf course surplus equipment Good morning Ed, I have about 20 items that need to be sold. What do I need to do to put these items out to bid for sale? I would like to have the prospective bidders come to the golf course to inspect the equipment and I would like them to be sold as package. Thanks for your help. Chris file:/ /c: \Documents%20and%20Settings\Administrator\Local%20Settings\ T emp\G W} 0000... 3/8/2006 27 -Feb-06 Golf Course Maintenance Chris Gamble, Superintendent The following items need to removed from our inventory, disposition forms have been completed and these items are ready for auction/bid. Item ID Item Make 800010 Air Compressor Champion 800027 Greens Mower (walkmower) Jacobsen 800028 Greens Mower (walkmower) Jacobsen 800029 Greens Mower (walkmower) Jacobsen 800034 Tractor John Deere 800065 Greens Mower (walkmower) Jacobsen 800073 Turf Trucskster Cushman 800083 Broadcast Spreader Lely 800084 Putting Freens Mower (walkmower) Jacobsen 800101 Tractor Toro """'" 800125 Sprayer SDI (J) 53 -0 ;-1 ~ C Spreader Hahn r- ..., =-.'J.:J 800128 c ~+'r1 ~2 ::D (:? 800129 Walk Behind Mower Jacobsen CJ N ~..L._ r-rl rn ",<>0 OJ rTl 80Ø141 TtlR TrtlÐ31(3t~r S~l"8y~r TO!'ð c::) .- c) :¡ ¡-Pi C -- '--¡ 800158 & A Rotary Mower Howard Price ':=:J '-- Z W t~rl 800171 Triplex Greens Mower Ransome -1 ··0 -< C) -1 '-0 800177 Bunker Rake Diamond Turf 800193 Rough Mower J'dL;Ob::;t::rt 7ðrò no longer on inventory Walkmower Spreader Jacobsen Lely ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODAY'S DATE: 1/25/2005 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800010 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Aircompressor 9. MAKE: Champion 10. MODEL NUMBER: 11. SERIAL NUMBER: R1588490 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction ead of Authorized Person Signature Only: 1 This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODA Y'S DATE: 2/27/2006 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800027 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1991 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Greens Mower (Walkmower) 9. MAKE: Jacobson 10. MODEL NUMBER: 11. SERIAL NUMBER: 62239-2799 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODA V'S DATE: 2/27/2006 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800028 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1991 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Greens Mower (Walkmower) 9. MAKE: Jacobson 10. MODEL NUMBER: 11. SERIAL NUMBER: 62239-2831 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head of A This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODAY'S DATE: 2/27/2006 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800029 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1991 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Greens Mower (Walkmower) 9. MAKE: Jacobson 10. MODEL NUMBER: 11. SERIAL NUMBER: 62239-2831 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head of Au d Person Signature Only: This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODAY'S DATE: 1/25/2005 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800034 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1991 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Tractor 9. MAKE: John Deere 10. MODEL NUMBER: 11. SERIAL NUMBER: 01 070A 104895 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department He f Authorized Person ~ignature Only: This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODAY'S DATE: 2/27/2006 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800065 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1992 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Greens Mower (Walkmower) 9. MAKE: Jacobson 10. MODEL NUMBER: 11. SERIAL NUMBER: 62239-4578 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head rized Person Signature Only: ~ This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODAY'S DATE: 1/25/2005 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800073 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1991 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Turf Truckster 9. MAKE: Cushman 10. MODEL NUMBER: Debra 11. SERIAL NUMBER: 2221 KL019795 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head of horized Person Si nature Only: This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODA Y'S DATE: 1/25/2005 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800083 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1992 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Broadcast Spreader 9. MAKE: Lely 10. MODEL NUMBER: L4000 11. SERIAL NUMBER: 9806188 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction This form is to be used capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODA Y'S DATE: 2/27/2006 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800084 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1992 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Puttin~ Greens Mower (Walkmower) 9. MAKE: Jacobson 10. MODEL NUMBER: 11. SERIAL NUMBER: 62239-2791 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head of Aut erson Signature Only: This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODAY'S DATE: 1/25/2005 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800101 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1994 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Tractor 9. MAKE: Toro 10. MODEL NUMBER: Reelmaster 450-D 11. SERIAL NUMBER: 370241025 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head uthorized Person Signature Only: This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTV ACQUISITION I DISPOSITION I TRANSFER FORM TODA V'S DATE: 1/25/2005 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800125 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1991 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Sprayer 160 gal. 9. MAKE: SDI 10. MODEL NUMBER: 11. SERIAL NUMBER: 922 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head of Au ed Person Signature Only: This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODAY'S DATE: 1/25/2005 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800128 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1991 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Speader Truck 9. MAKE: Hahn 10. MODEL NUMBER: Multi-Pro #418 11. SERIAL NUMBER: 0010231 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head of d Person Signature Only: This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested. you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODAY'S DATE: 2/27/2006 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800129 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1995 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Walk Behind Mower 9. MAKE: Jacobsen 10. MODEL NUMBER: 11. SERIAL NUMBER: 62240 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head of Author' e ~ This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODAY'S DATE: 1/25/2005 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800158 & 800158A 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1997 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Rotary Mower 9. MAKE: Howard-Price 10. MODEL NUMBER: Y34D - Tuñ Blazer 11. SERIAL NUMBER: 34D7 -0492 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head of This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODAY'S DATE: 1/25/2005 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800171 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1998 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Triplex Greens Mower 9. MAKE: Ransome 10. MODEL NUMBER: Greensplex 11. SERIAL NUMBER: 98002901 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head of Auth Person Signature Only: This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODA Y'S DATE: 1/25/2005 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800177 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 1999 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Bunker Rake 16 HP Versa Pro 9. MAKE: 10. MODEL NUMBER: 11. SERIAL NUMBER: VP20546 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head of Autho . e Person Signature Only: This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ST. LUCIE COUNTY PURCHASING DEPARTMENT PROPERTY ACQUISITION I DISPOSITION I TRANSFER FORM TODAY'S DATE: 2/27/2006 1. INVOICE DATE (If new purchase): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (if new purchase): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM# (Transferring from): 4. LOCATION CODE (dept. transferred from): 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (if transferring or disposing of): #800193 6. YEAR ACQUIRED (if transferred/donated/traded, etc.): 2000 7. COMMODITY CODE USED ON PURCHASE ORDER (if new purchase): 8. COMPLETE DESCRIPTION OF COMMODITY: Rough Mower 9. MAKE: Toro 10. MODEL NUMBER: Reelmaster 4000 11. SERIAL NUMBER: 200000175 12. METHOD OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): Auction Department Head of Au nly: This form is to be used for all capitol equipment purchased, disposed of or transferred from one department to another. A. When purchasing an item, fill this form out, attach to the "Invoice" and "Receiving" copy of the purchase order and submit to Finance for payment. Finance will send on to purchasing. (if you are unsure of any part of the information requested, you'll need to call the vendor). This information is extremely important for the fixed assets records. B. If disposing of or transferring an item, fill out form and sent to purchasing. ¡ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [3[J APPROVED [==:J OTHER Approved 5-0 County Attorney Originating Dept.: Finance: Agenda Request Cw 04/04/06 Item Number Date: Consent Regular Public Hearing Leg. [ ] [X] [ ] [ ] Quasi-JD [ Board of County Commissioners Growth Management Presented By F~ ;1/7 Growth Management Director Request of Barbara Swegles for final plat approval and agreement to pay fair share contribution for improvements to Favorite Road for the project to be known as 4311 Favorite Road Subdivision. The project is located at 4311 Favorite Road on the south side of Favorite Road, approximately 650 feet west of Selvitz Road. Barbara Swegles, has submitted the final plat and her fair share of the costs of paving Favorite Road for the project to be known as 4311 Favorite Road located at 4311 Favorite Road on the south side of Favorite Road, approximately 650 feet west of Selvitz Road. The purpose of the plat is to allow for a three (3) lot subdivision. NIA On March 22, 2006, through Growth Management Order 06-012, the Growth Management Director granted minor site plan approval for the project to be known as 4311 Favorite Road SID. Approve the agreement to pay fair share contribution for improvements to Favorite Road and the final plat of 4311 Favorite Road and authorize its final execution. D DENIED ouglas M. Anderson County Administrator -0' / '. ~- i.' fJ"t..r Coordination! Signatures Mgt. & Budget: Environ. Res. Div. Road & Bridge Div, Purchasing: Other: Commission Review: April 4, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners From: Growth Management Director Date: March 29, 2006 Subject: Petition of Barbara Swegles, for the agreement to pay fair share contribution for improvements to Favorite Road and final plat approval for the project to be known as 4311 Favorite Road Subdivision. On March 22, 2006, through Growth Management Order 06-012, the Growth Management Director granted a minor site plan for the project to be known as 4311 Favorite Road SID. The project is located at 4311 Favorite Road on the south side of Favorite Road, approximately 650 feet west of Selvitz Road. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes and the applicant has submitted her fair share of the costs of paving Favorite Road. In accordance with the provisions of Section 7.05.07(B)(4)(a)(1) and Section 11.03.03(D) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the agreement to pay fair share contribution for improvements to Favorite Road and the final plat for the subdivision to be known as 4311 Favorite Road Subdivision and authorize its execution. Please contact this office if you have any questions on this matter. SUBMITTED: 6~~~ Bob Nix, AICP Growth Management Director cc: Treva Gilkey Ron Harris, County Surveyor Heather Lueke, Asst. County Attorney File , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 GM-06-012 MNSP-05-022 AN ORDER GRANTING APPROVAL FORA MINOR SITE PLAN TO BE KNOWN AS 4311 FAVORITE ROAD. WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for site plan approval submitted by Barbara Swegles. reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. 4311 Favorite Road is a proposed three (3) lot subdivision for property located at 4311 Favorite Road in the AR-1 (Agricultural, Residential- 1 du/acre) Zoning District. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet technical requirements of the Land Development Code and to be consistent with the St. Lucie County Comprehensive Plan. 3. The project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 4. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6. The project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The project is to be served by adequate public facilities and services. 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed Minor Site Plan to be known as 4311 Favorite Road, is hereby approved as shown on the site plan drawings for the project prepared by Alexander J. Piazza PSM, Inc., dated June 14, 2005, and received by the St. Lucie County Growth Management Director on February 7,2006, for the property described below, subject to the following conditions: File No.: MNSP-05-022 March 22, 2006 GM Order 06-012 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 B. 18 19 20 21 22 23 24 25 26 27 28 29 C. 30 31 32 D. 33 34 35 36 37 38 39 40 E. 41 42 43 44 F. 45 46 47 48 G. 49 1. Prior to the recording of any Final Plats for the project, the owner/developer and her heirs, successors in interest or assigns, shall enter into a legally binding agreement with St. Lucie County, and shall not oppose creating of any future Municipal Service Benefit Unit, Municipal Services Taxing Unit or Special Assessment District to construct road improvements on Favorite Road including any amounts that exceed the initial fair share amount of $16,500. This consent shall run with the land and shall be binding on all subsequent property owners and shall be recorded in the public records of St. Lucie County, Florida prior to or at the same time as the recording of the Final Plat. 2. Prior to recording of the Final Plat, the owner/developer shall pay to St. Lucie County, Florida the sum of $16,500, which amount has been determined to be the owner/developer's fair share of cost for the paving of Favorite Road. A requested waiver from the requirement to pay the owner/developer's fair share contribution was denied by the Board of County Commissioners at a duly noticed public meeting on November 22, 2005. The property on which this Minor Site Plan is being granted is described as follows: LOT 14 OF MODEL LAND COMPANY SUBDIVISION OF SECTION 6, TOWNSHIP 36S, RANGE 40E, AS RECORDED IN PLAT BOOK 4, PAGE 34, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA, LESS THE SOUTH 488 FEET THEREOF. CONTAINING 254,657 SQUARE FEET OR 5.846 ACRES, MORE OR LESS. (Tax ID#: 3406-501-0021-000-6) (Location: 4311 Favorite Road, Fort Pierce, Florida) The approvals granted by this administrative order shall expire on March 22, 2007, unless a building permit is issued or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. The Final Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Barbara Swegles, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building perm its of authorizations to commence development activities on the property described in Part A. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. This order shall be recorded in the Public Records of St. Lucie County. File No.: MNSP-05-022 March 22, 2006 GM Order 06-012 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ORDER effective the 22"d day of March 2006. GROWTH MANAGEMENT DIRECTOR ST. LUCIE COUNTY, FLORIDA BY 3¿' H-. Bob Nix, AICP ar H:\Development Projects 2005\Minor Site Plan\4311 Favorite Road - 3 parcels - Minor\Approval/4311 FavoriteRoad GM06012.doc File No.: MNSP-05-022 March 22, 2006 GM Order 06-012 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Exhibit A Certificate of Capacity File No.: MNSP-05-022 March 22, 2006 GM Order 06-012 Page 4 St Lucie County Certificate of Capacity Date 3/22/2006 Certificate No. 2370 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Minor Site Plan Number of units 3 Number of square feet 2. Property legal description & Tax ID no. 3406-501-0021-000/6 4311 Favorite Road 4311 Favorite Road 3. Approval: Building Resolution No. GM-06-012 Letter 4. Subject to the following conditions for concurrency: See GM Order 06-012 Owner's name Barbara Swegles Address 4311 Favorite Road Fort Pierce FL 34981 6. Certificate Expiration Date 3/22/2008 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed Date: 3/23/2006 Growth Management Director St Lucie County, Florida Thursday, March 23, 2006 Page 1 of2 AGREEMENT TO PAY FAIR SHARE CONTRIBUTION FOR IMPROVEMENTS TO FAVORITE ROAD THIS AGREEMENT is made and entered into this d~ day of rfìrlÀL'~ 2006, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (-County") and TREV A GILKEY, (-Developer") and BARBARA J. SWEGLES (-Owner"). WIT N E SSE T H: WHEREAS, Developer intends to construct a subdivision to be known as 4311 Favorite Road SID (the -Development") on land owned by Owner; and WHEREAS, pursuant to Section 7.05.07 B4a1 of the County's Land Development Code, Developer has agreed to pay to the County her estimated fair share of the costs of paving Favorite Road (the -Improvements") in the total amount of Sixteen thousand five hundred and no/1oo dollars ($16,500.00). NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties covenant and agree as follows: 1. Upon signing this agreement, Developer shall deliver to the St. Lucie County Finance Director a check in the amount of Sixteen thousand five hundred and no/1oo dollars ($ 16,5OO.oo)(the -Funds"). 2. The Funds delivered to the County shall be disbursed on the following conditions and in the following manner: a. Upon written request from County Engineer to the County Finance Director, the Funds shall be disbursed to the County for paying the Developer's estimated fair share of the cost of planning, including conceptual and final design, and constructing the road improvements. b. If the County has not expended or encumbered the Funds by the end of the calendar quarter immediately following ten (10) years from the date the funds are delivered, then, upon written application of Developer, any remaining funds including interest that may accrue, shall be released to the Developer. 3. The Owner shall include language on the plat consenting to participation in a -1- future municipal service benefit unit or special assessment district to construct the Road Improvements including any amounts that may exceed the initial fair share amount. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ~~ ~~~Y -- ~ d~~~ $()-.J~ çz. jV<7~ BARBARA :J. SWE6LES ~ -2- , AGENDA REQUEST ITEM NO. c-7 DATE: April 4, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGERA. SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: ADA COMPLIANT ASSESSMENT OF ALL SUPERVISOR OF ELECTIONS POLLING LOCATIONS FOR ST. LUCIE COUNTY APPROVAL TO WAIVE THE BID PROCESS AND PROCEED WITH REQUEST FOR QUOTES TO ACCOMPLISH MODIFICATIONS NEEDED AT EACH POLLING PLACE IN A TIMELY MANNER BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001-1910-546100-100 (Building Maintenance) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve waiving the bid process and proceed with accepting quotes to accomplish the modifications needed at the approximately sixty (60) Supervisor of Elections polling locations for St. Lucie County. MISSION ACTION: [j APPROVED [] DENIED [ ] OTHER: NCE: Approved 5-0 Do g nderson County Administrator , County Attorney: 9-- Originating DePt~ Finance: (Check for Copy only, if Applicable) ~oordination/Signatures Mgt. & BUdget-X)kll ~ Other: Purchasing Mgr.: gf Other: Eft. 1/97 H:\AGENDA\AGENDA-117 ADA POLLS.DOC \ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: April 4, 2006 SUBJECT: ADA COMPLIANT ASSESSMENT OF ALL SUPERVISOR OF ELECTIONS POLLING LOCATIONS FOR ST. LUCIE COUNTY APPROV AL TO WANE THE BID PROCESS AND PROCEED WITH REQUEST FOR QUOTES TO ACCOMPLISH MODIFICATIONS NEEDED AT EACH POLLING PLACE IN A TIMELY MANNER ****************************************************************************** BACKGROUND: In an effort to make an accurate assessment of ADA accessibility at each of the approximately sixty (60) Supervisor of Elections polling locations in St. Lucie County, staff visited each site, compiled written data as well as photographs, and followed up with recommendations for each. Staffhas discovered that several of the polling locations require a substantial amount of work while others require minor modifications, and this will need to be completed by September 2006. Funding for this is available in St. Lucie County Supervisor of Elections General Fund, the amount of $202,000.00. To keep within this timeline and to expedite this work, staff is seeking permission to waive the bid process, as this is a long process and could take us beyond the September 2006 deadline, and accept quotes to accomplish these modifications in a timely manner. RECOMMENDATION: Staffrecommends the Board of County Commissioners approve waiving the bid process and proceed with accepting quotes to accomplish the modifications needed at approximately sixty (60) Supervisor of Elections polling locations for St. Lucie County. '"" , r AGENDA REQUEST ITEM NO. 8 DATE: April 4, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A. SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVAL TO REALLOCATE IFF FUNDING AND USE A PORTION OF THESE FUNDS FOR THE RENVOATION OF THE COUNTY ADMINISTRATORS CONFERENCE ROOM LOCATED IN THE ROGER POITRAS BUILDING BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1931-546200-150067 (Maint. Improvement Projects) 316-1931-546200-15019 (Maint. Improvement Projects) FUNDS WILL BE MADE AVAIL: 316-1630-546100-100 (Building Maintenance) 316-1925-546100-100 (Building Maintenance) 316-1931-546200-1526 (Building Maintenance) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reallocation of IFF funds in the combined amount of $80,00.00 authorizing staff to proceed with projects in need of funding; this includes the renovation of the Administrators Conference Room located at the Roger Poitras Building. MISSION ACTION: [it. APPROVED [] DENIED [ ] OTHER: Approved 5-0 , / G~'-- éoug nderson County Administrator County Attorney: % Originating Dept: ~ a)-' Coordination/Signatures Mgt. & BUdget:~ ~ Other: Purchasing Mgr.: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\AGENDA\AGENDA-116 DA CONF ROOM.DOC ,. " " MEMORANDUM DEP ARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: April 4, 2006 SUBJECT: APPROVAL TO REALLOCATE IFF FUNDING AND USE A PORTION OF THESE FUNDS FOR THE RENOV ATION OF THE COUNTY ADMINISTRATORS CONFERENCE ROOM LOCATED IN THE ROGER POITRAS BUILDING ****************************************************************************** BACKGROUND: Staff is seeking permission to reallocate IFF funds budgeted FY 05-06 for the following projects: . IFF funds in the amount of $50,000 were budgeted to replace floor covering in the Veteran's Office. This project has been put on hold due to the relocation of staff. There are no current plans for this space and staff is seeking to reallocate these funds to Building Maintenance: FROM: 316-1931-546200-150067 (Maint. Improvement Projects) ($50,000.00) TO: 316-1930-546100-100 (Building Maintenance) ($50,000.00) . IFF funds were budgeted to replace the floor covering at Community Services Office Building; this was completed and came in under budget by $30,0000. Staff is seeking to reallocate these funds to Administration Building Maintenance and Maintenance Projects: FROM: 316-1931-546200-15019 (Maint. Improvement Projects) ($30,000.00) TO: 316-1925-546100-100 (Administration Building Maintenance) ($20,000.00) TO: 316-1931-546200-1526 (Maint. Improvement Projects) ($10,000.00) The reallocation of these funds will enable staff to proceed with projects in need of funding; this includes the renovation of the Administrators Conference Room that is located at the Roger Poitras Building. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reallocation of IFF funds in the combined amount of$80,00.00 authorizing staff to proceed with projects in need of funding; this includes the renovation ofthe Administrators Conference Room located at the Roger Poitras Building. St. Lucie County Mosquito Control District www.co.st-lucie.fLus Joseph E. Smith, Chairman Paula A. Lewis, Vice Chairman Doug Coward Frannie Hutchinson Chris Craft District No.1 District No.3 District No. 2 District No.4 District No.5 AGENDA April 4. 2006 1. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. COUNTY ATTORNEY Impoundment Restoration - Revised Tenth Amendment to May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395) - Consider staff recommendation to approve the revised Tenth Amendment to the May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395), and authorize the Chairman to sign the Tenth Amendment as revised. 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. - f ~ AGENDA REQUEST ITEM NO.--1- Special Meeting Date: April 4, 2006 Regular [ ] Public Hearing [ ] Consent [X ] TO: MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Impoundment Restoration - Revised Tenth Amendment to May 25,2004 Agreement with Native Technologies, Inc. (C04-05-395) BACKGROUND: See C.A. No. 06-566 FUNDS A V AIL.(State type & No. oftransaction or N/A): Impoundment 3 Mitigation Area - Account Nos. 145119-6230-534000 (Other Contractual Services)-6956, 145824-6230-534000-6956, and 145-6230-534000-600 Vitolo Park Urban Forestry Proiect - Account Nos. 145-6230-534000 (Other Contractual Services)-600 Blind Creek Clearing - Account Nos. 145829-6230-534000 (Other Contractual Services)- 6953 Blind Creek Planting - Account Nos. 145824-6230-534000 (Other Contractual Services) -6953 and 145- 6230-534000 (Other Contractual Services)-6953 Blind Cre'ek Exotic Maintenance - Account No. 145-6230-534000 (Other Contractual Services)-600 Blind Creek Restoration - Account No. 145-6230-5340000-6953 (Other Contractual Services), Account 145120-6230-534000-6953 (Other Contractual Services) and Account No. 145120-6230-531000-6953 (Professional Services) King's Island Mangrove Trimming - Account No. 145-6230-534000 (Other Contractual Services) - 600 RECOMMENDATION: Staff recommend that the Mosquito Control District approve the revised Tenth Amendment to the May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395), and authorize the Chairman to sign the Tenth Amendment as revised. [)G APPROVED [] DENIED [ ] OTHER: --- COMMISSION ACTION: Approved 5-0 Douglas . Anderson County Administrator '" r1 County Attorney: 11.:.0 Originatmg Dept.: Finance (Check for Cop Jt Coo rdina tio n/Sil!na tures Mgt. & Budget: Purchasing: Other: Other: INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: St. Lucie County Mosquito Control District FROM: Heather Young, Assistant County Attorney C.A. NO: 06-566 DATE: March30,2006 SUBJECT: Impoundment Restoration - Revised Tenth Amendment to May 25,2004 Agreement with Native Technologies, Inc. (C04-05-395) BACKGROUND: On March 14, 2006, the Mosquito Control District approved the proposed Tenth Amendment to the May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395) to provide for additional work in Impoundment 3, Vitolo Family Park, Blind Creek, and King's Island. Native Technologies' proposal for exotic removal and wetland creation at Blind Creek in the amount of one hundred three thousand three hundred seven and 00/1 00 dollars ($103,307.00) and restoration services in the amount of three hundred twenty thousand three hundred forty-four and 00/100 dollars ($320,344.00) were omitted from the amendment presented to the District for approval. The work covered by these proposals is part of the grant funded project. Accordingly, the Tenth Amendment has been revised to include this additional work. The original agreement with Native Technologies is a piggyback from a 2003 agreement between Native Technologies and the Broward County School Board. Upon the completion of the hurricane repair work and the grant funded projects included under the 2004 agreement, as amended, staff intends to request permission to advertise for bids for future work of this type. RECOMMENDATION/CONCLUSION: Staff recommend that the Mosquito Control District approve the revised Tenth Amendment to the May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395), and authorize the Chairman to sign the Tenth Amendment as revised. Respectfully submitted, ~h Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Director Mosquito Control Director TENTH AMENDMENT TO MAY 25, 2004 AGREEMENT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND NATIVE TECHNOLOGIES, INC. THIS TENTH AMENDMENT is dated this day of , 2006, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida (the "District"), and NATIVE TECHNOLOGIES, INC., a Florida corporation (the "Contractor"). WHEREAS, on May 25, 2004, the parties entered into an Agreement wherein the Contractor agreed to perform mosquito control impoundment restoration (the "Agreement"); and, WHEREAS, operation of the mosquito control impoundments is essential to the health, safety and welfare of the residents of St. Lucie County; and, WHEREAS, on September 28, 2004, the parties entered into a First Amendment to the Agreement which provided for the Contractor to perform emergency vegetation removal and dike and culvert breach repair in the mosquito control impoundments in conjunction with the aforementioned impoundment restoration following Hurricane Frances; and, WHEREAS, on November 2,2004, the parties entered into a Second Amendment to the Agreement which provided for the Contractor to perform emergency vegetation removal and dike and culvert breach repair in the mosquito control impoundments in conjunction with the aforementioned impoundment restoration following Hurricane Jeanne; and, WHEREAS, on November 15,2004, the parties entered into a Third Amendment to the Agreement which provided for the Contractor to perform additional impoundment restoration work as a result of Hurricane Jeanne as well as additional impoundment restoration work required in conjunction with the Indrio Blueways Project; and, WHEREAS, on December 14,2004, the parties entered into an Amended- and Restated Fourth Amendment to the Agreement which provided for the Contractor to perform additional work to restore the impoundments to their original, pre-hurricane profiles, repair existing erosion control devices, and restore erosion control access protection; and, WHEREAS, on February 8, 2005, the parties entered into a Fifth Amendment to the Agreement which provided for the Contractor to perform work to remove additional vegetation in Impoundment 17 A, a/kJa Wildcat Cove, and replace it with native vegetation; and,. WHEREAS, on March 22, 2005, the parties entered into a Sixth Amendment to the Agreement which provided for the Contractor to perform additional vegetation treatment, planting and vegetation mowing in the Indrio Blueway Buffer; and, 1 WHEREAS, on September 13,2005, the parties entered into a Seventh Amendment to provide additional time for the Contractor to complete the work listed in the Sixth Amendment to the Agreement due to inclement weather; and, WHEREAS, on November 15, 2002, the parties entered into an Eighth Amendment to provide for the Contractor to perform mangrove planting and monitoring and exotic and nuisance maintenance at several District sites and to conduct emergency vegetation removal in the impoundments and repair and restoration planting in Blind Creek Park as a result of damage suffered from Hurricane Wilma; and, WHEREAS, on December 6, 2005, the parties entered into a Ninth Amendment to provide due to the damage cause to District facilities by Hurricane Wilma, it is necessary to further amend the Agreement to provide for the Contractor to conduct emergency permanent dike repairs impoundments as a result of Hurricane Wilma and a related extension of the Hurricane Jeanne repairs; and, WHEREAS, the parties desire to further amend the Agreement to provide for the Contractor to perform additional restoration, planting and maintenance work in Impoundment 3, Vitolo Family Park, Blind Creek and King's Island; and, WHEREAS, operation of the impoundments is essential to the health, safety and welfare of the residents of St. Lucie County. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 4 of the Agreement shall be amended to read as follows: 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the District and the Contractor are· attached hereto and made part hereof and consist of the following: A. This Contract, consisting of 15 pages. B. Broward Contract, consisting of 12 pages. C. Contractor's Broward Contract Schedule of Unit Prices, consisting of 2 pages. D. Contractor's letter to James R. David dated April 9, 2004, consisting of 1 page. 2 E. Contractor's Memorandum to St. Lucie County Mosquito Control District dated May 4, 2004, consisting of 2 pages. F. Contractor's Change Order No. 1 dated August 19, 2004 consisting of 2 pages. G. Contractor's letter to James R. David, dated September 22, 2004, consisting of 2 pages. H. Contractor's letter to James R. David, dated October 13, 2004, consisting of 2 pages. 1. Contractor's letter to James R. David, dated October 28, 2004, consisting of 2 pages. 1. Contractor's letter to James R. David, dated September 30,2004, consisting of 2 pages. K. Contractor's letter to James R. David, dated November 15,2004, consisting of 21 pages. L. Contractor's letter to James R. David, dated November 20,2004, consisting of 9 pages. M. Contractor's letter to James R. David, dated November 20,2004, consisting of 7 pages. N. Contractor's letter to James R. David, dated November 20,2004, consisting of 7 pages. O. Contractor's letter to James R. David, dated November 29,2004, consisting of 7 pages. P. Contractor's letter to James R. David, dated December 3, 2004, consisting of 5 pages. Q. Contractor's letter to James R. David, dated December 6, 2004, consisting of 6 pages. R. Contractor's letter to James R. David, dated December 7,2004, consisting of 6 pages. 3 S. Contractor's letter to James R. David, dated January 19,2005, consisting of 17 pages. T. Contractor's letter to James R. David, dated January 19,2005, consisting of 17 pages. U. Contractor's letter to James R. David, dated February 28,2005, consisting of 2 pages. V. Contractor's letters to James R. David, dated October 6, 2005, consisting of 8 pages. W. Contractor's letter to James R. David, dated November 3, 2005, consisting of 3 pages. X. Contractor's letters to James R. David, dated November 7, 2005, consisting of 3 pages. Y. Contractor's letters to JamesR. David, dat~d December 1,2005, consisting of 5 pages. Z. Contractor's letter to James R. David, dated November 7, 2005, consisting of3 pages. AA. Contractor's letter to James R. David, dated January 30,2006, consisting of 2 pages. BB. Contractor's letter to James R. David, dated January 20,2006, consisting of 2 pages. CC. Contractor's proposal dated January 20, 2006, consisting of 2 pages. DD. Contractor's letter to James R. David, dated November 7, 2005, consisting of 3 pages. EE. Contractor's proposal, dated January 26, 2006, consisting of 2 pages. FF. Contractor's proposal, dated March 9, 2006, consisting of 5 pages. FF. Insurance Certificate( s) to be provided by the Contractor with an executed original of this Contract. QQ. Any modifications, including change orders, duly delivered 4 after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 2. Paragraph 6 of the Agreement shall be amended to read as follows: 6. TERM OF CONTRACT The Contractor shall begin the work on the mosquito control impoundment restoration within five (5) calendar days after the signing, execution and delivery of written notice to proceed and shall complete all of the work hereunder within one hundred twenty (120) days of the date of the notice to proceed. The parties acknowledge and agree that the Contractor has already commenced work on the emergency vegetation removal and dike and culvert repair work set forth in the Contractor's letter dated September 22,2004. A. The Contractor shall complete all work described in the August 19, 2004 Change Order and the September 22, 2004, September 30, 2004, October 13, 2004, October 28, 2004, November 15, 2004, January 19, 2005 and February 28, 2005 letters on or before December 31, 2005. B. The Contractor shall complete all work described in the November 20, 2005, December 6, 2005 and December 7, 2005 letters on or before April 1 , 2006. C. The Contractor shall complete all the work described in the October 6, 2005, November 3, 2005, November 7, 2005, and December 1, 2005 letters on or before September 30, 2006. D. The Contractor shall complete all the work described in the November 7, 2005 letter regarding Blind Creek clearing on or before September 1, 2006. E. The Contractor shall complete all the work described in the January 20, 2006 letter regarding Impoundment 3 and the November 7,2005 letter regarding Blind Creek Planting on or before November 1,2006. F. The Contractor shall complete all the work described in the March 9, 2006 letter regarding Blind Creek Restoration on or before September 5 l, 2006. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the schedule as set forth in the Contract documents is changed, the Contractor shall notify the District, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the District in writing. The Contractor shall perform such additional services hereunder as agreed upon by the Project Managers in accordance with the rates set forth in the Contractor's bid. In the sole opinion of the District, should the organization ofthe Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the District shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the District shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date ofthe notice to proceed described above, unless the District authorizes such payment in writing. As the Contractor's only remedy for delay, the District may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the District. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information as appropriate. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. 3. Paragraph 7 of the Agreement shall be amended to read as follows: 7. CONTRACT PAYMENT The District shall pay the Contractor for the performance of this Contract 6 upon the rendering of said services in accordance with the Contract Documents, subject to adjustment by change order, the total estimated amount of seven million seven hundred sixty-six thousand seven hundred eighty-three and 48/1 00 dollars ($7,766,783.48) in current funds as follows: A. Impoundment Restoration - Not to exceed eighty-seven thousand nine hundred fifty-nine and 00/100 dollars ($87,959.00). B. Emergency Vegetation Removal- Not to exceed three hundred twenty-three thousand one hundred sixteen and 81/100 ($323,116.81). C. Dike and Culvert Breach Repair - Not to exceed fifty-seven thousand two hundred fifty-one and 69/100 dollars ($57,251.69). D. Change Order No.1 - Not to exceed seventeen thousand fifty-three and 00/100 dollars ($17,053.00). E. Work described in September 30,2004 Letter - Not to exceed eighty-seven thousand nine hundred eighty-two and 40/100 dollars ($87,982.40). F. Work described in November 15,2004 Letter- Not to exceed one million one hundred forty-nine thousand seventy and 25/100 dollars ($1,149,007.25). G. Work described in November 20, 2004 Letter for Phase Two Permanent Repairs in Impoundments Nos. 1,2,3,4,5,6,9, lOA, 16A, 17A, 18A, 19A, and 24 - Not to exceed two million seven hundred twenty-two thousand one hundred forty-seven and 99/100 dollars ($2,722,147.99). H. Work described in November 20, 2004 Letter for Phase Two Permanent Repairs in Impoundments Nos. 7, 8B and 8C - Not to exceed two hundred ninety-one thousand five hundred twelve and 48/1 00 dollars ($291, 512.48). 1. Work described in November 20, 2004 Letter for Phase Two Permanent Repairs in Impoundment No. 14B - Not to seventeen thousand three hundred ninety-two and 70/100 dollars ($17,392.70). 1. Work described in November 29, 2004 Letter for Phase Two Permanent Repairs in Impoundment Nos. 14A - Not to exceed eighty-six thousand nine hundred seventy-three and 89/1 00 dollars ($86,973.89). K. Work described in December 3, 2004 Letter for Erosion Control-Access Protection in Impoundment No. 14A - Not to exceed one hundred nine thousand four hundred forty-five and 53/100 dollars ($109,445.53). 7 L. Work described in December 6, 2004 Letter for Erosion Control-Access Protection in Impoundment Nos. 1,2,3,4,5,6,9, lOA, 16A, 17A, 18A, 19A, and 24 - Not to exceed six hundred sixty-seven thousand seven hundred thirty-one and 04/1 00 dollars ($667,731.04). M. Work described in December 7, 2004 Letter for Phase Two Permanent Repairs in Impoundment No. 23 - Not to exceed one hundred sixty-nine thousand four hundred fifty-two and 58/100 dollars ($169,452.58). N. Work described in January 19, 2005 Letter for Vegetation Removal at ' Impoundment No. 17 A - Not to exceed nineteen thousand eight hundred seventy-seven and 00/100 dollars ($19,877.00). O. Work described in January 19, 2005 Letter for Planting at Impoundment No. 17 A - Not to exceed eighteen thousand nine hundred forty-six and 00/100 dollars ($18,946.00). P. Work described in February 28, 2005 Letter for Vegetation Treatment, Planting and Vegetation Mowing in the Indrio Blueway Buffer - Not to exceed fifty-two thousand three hundred forty-five and 00/1 00 dollars ($52,345.00). Q. Work described in October 6, 2005 Letter for Pepper Park Mangrove Planting - Not to exceed one thousand seven hundred three and 00/100 dollars ($1,703.00). R. Work described in October 6, 2005 Letter for Pepper Park Mangrove Monitoring - Not to exceed six thousand four hundred thirty-eight and 00/1 00 dollars ($6,438.00). S. Work described in October 6, 2005 Letter for Wildcat Cove Exotic and Nuisance Maintenance - Not to exceed four thousand seven hundred seventy- six and 00/100 dollars ($4,776.00). T. Work described in October 6, 2005 Letter for Indrio Blueway Exotic and Nuisance Maintenance - Not to exceed nine thousand nine hundred eight and 00/1 00 dollars ($9,908.00). T. Work described in November 3, 2005 Letter for Hurricane Wilma Emergency Vegetation Removal - Not to exceed one hundred forty-nine thousand seven hundred twenty-five and 22/100 dollars ($149,725.22). U. Work described in November 7, 2005 Letter for Restoration of Blind Creek 8 Park - Not to exceed twenty-three thousand one hundred seventy and 00/1 00 dollars ($23,170.00). V. Work described in November 7, 2005 Letter for Blind Creek Park Clearing- Not to exceed one hundred three thousand eight hundred twenty-eight and 00/100 dollars ($103,828.000). W. Work described in December 1,2005 Letter for Permanent Hurricane Wilma Repairs - Not to, exceed one million one hundred thirty-one thousand five hundred twenty-three and 18/1 00 dollars ($1,131,523.18). X. Work described in January 20,2006 Letter for Restoration ofImpoundment 3 - Not to exceed thirteen thousand five hundred eighty-six and 00/1 00 dollars ($13,586.00). Y. Work described in January 20, 2006 Proposal for Exotic and Nuisance Maintenance - Not to exceed ten thousand seven hundred thirty-one and 00/100 dollars ($10,731.00). Z. Work described in January 20, 2006 Proposal for Exotic Removal and Wetland Creation - Not to exceed one hundred three thousand three hundred seven and 00/100 dollars ($103,307.00). AA. Work described in January 30, 2006 Proposal for Exotic Maintenance of Blind Creek Coastal Hammock Planting Area - Not to exceed three thousand three hundred fifty-seven and 00/100 dollars ($3,357.00). BB. Work described in January 30, 2006 Proposal for King's Island Mangrove Trimming - Not to exceed six thousand one hundred ninety-two and 00/1 00 dollars ($6,192.00) or three thousand ninety-six and 00/1 00 dollars ($3,096.00) for each of two semi-annual events. CC. Work described in March 9, 2006 Proposal for Wetland and Dune Restoration Services- Not to exceed three hundred twenty thousand three hundred forty-four and 00/1 00 dollars ($320,344.00). 4. All other terms and conditions of the Agreement, as amended, are unchanged and shall remain in full force and effect. DEPUTY CLERK ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY: CHAIRMAN ATTEST: 9 9.1i ~iNative ,~ Technologies'" ;., V,'ello:1ndsb(;r;~. Group CoJmpJny Novcmber 7, 2005 Mr. James R. David Director St. Lucie County Mosquito Control Distrist 3150 Will Fee Road Fort Pierce, FL 34982 Re: St. Lucie COllllty Jl1osquito COlltrol District Blillt! Creek Clearillg Denr Mr, David: Pursuant to your request fora proposal to restore the Blind Creek project, a project purchased with Federal funds, attacbed please find a contract between Native Technologies, Incorporated and The Broward County Scbool Board. This contract covers the selective removal and disposal of Australian Pine and Brazilian Pepper trees, excavation and planting. The contract bears a fee of $6, 170.74 per acre for cle:.!r and grub. Based on the acreage of Blind Creek, (66.10 acres x 6,170.74) equals a total cost of S407 ,885.91. As you will note our cost estimate to the County indicates that NTl will perform this work for a total cost of $103,828.00. The following is an outline of the procedure for the vegetation removal, dune reconstruction amI planting work at Blind Creek and the conditions within w]¡ich the work will occur. a) The trees and stumps shall be removed. b) The removed material will be transpo/1ed to the park area or piled on the beaeh[ront. c) All removed materia] will be pile bumed and spread on site, In closing, the pliee quoted for the Blind Creek Restoration work includes of all labor, material, sllpervision and incidental to complete the work and is based 011 a comparab1c contract awarded under a competitivc bid situation. As we have demonstrated in the past, it is our goal to perform ollr work in an expeditious manner and under the estimated budget amount. Should you have any questions or need additional information, pleasc Jet me know. ciJ~ Robcrt B. ¡,,¡iller Senior Vice President 814 South ivlilitnry Trail. Building ó . Dccrlield Bcach. FL 33442 Slate CCr1í!h:"tc ~ Cß-C03~<)~6 EXHIBIT 'SIUO 1,1707· 954.596.2411 . Fax 954.4:::0.6249 . I\'ww.nntÎvctcchnologicsinc.col11 Pnnted on recycled papCH(~:. ~ :IS ~ 'X ~f.;t . ~rNatlve , ~ Techno logics '" A We!!Jndsban~ 1~."JLlr (':OTJlpù;.", CLIENT: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PROJECT: BLIND CREEl( PARl( PROJECT LOCATION: ST. LUCIE COUNTY, FLORIDA DATE: November 7, 2005 Native Technologies (NT) shall perform the work as outlined in the following scope of services: CLEAR, PILE AND BURN VEGETATION: I. NT shal1 provide all labor, equipment, and supervision necessary to cle<lr, pile and burn vegetation located in the 66.1 acre area located on the east side of AlA within the Blind Creek Park. 2. All removed vegetation wi]] be piled and burned within the Blind Creek Park. Al1 debris fr0111 the blu'ning operation shall spread in place. BEACHFRONT STUMP REIVIOV AL: I. NT shal1 provide all labor, equipment and supervision necessary for removing Australian pine stumps exposed on the beachfront located within Blind Creek Park. 2. AlJ removcd v.cgetation will be piled and bUll1ed on the beach or within the Blind Creek Park. All debris from the burning operatlon shall spread in place. OTHER CONDITIONS: I. Contractor shall not b~ responsible for acts beyond its reasonable contra] or negligence by others including inappropriate engineering or design. 2. Invoices submitted for work completed shall be paid within 30 clay of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. C/ f 1 X 14 South ìvlilitary Trail. DlIilding (, . Dçcrlìdd Beach. FL 334-12 SI'Il< C<rltlicalC ¡! CO·C03X94C, RSSJO 1,1707' 954.5%,2.. 11 . fax 954,480.6249 . www.nativctcchnologicsinc.col11 PrInted on recycled paperl:@.: 3. Any incidental activity not explicitly mentioned in this proposaJ is excluded frolll the scope of work. 4. This proposal slwl! be valid for 30 days. 5. This work may be piggybacked onto the School Boarel of Browarcl contract. NOT INCLUDED: I. Planting, maintenance, monitoring, aerial photographs, \vater anclJor soil sampling and associated laboratory analysis, continuous hydrographs, surveys, orange barricade fencing, as-built surveys, maintenance of traffic. CONTRACT FEE: I. NT agrees to perform the Clear, Pile and Burn services stated above for the SUIll of $103,828.00. Submitted by: ciJw Robert B. Miller Senior Vice President Native Tecllnologies Accepted by: 2 EXHIBIT .¡., \'''t!ldr.dsbal'\~. Group C')rrp¥,~, CLIENT: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT PROJECT: RESTORATION PLANTING OF BLIND CREEK PARle PROJECT LOCATION: ST. LUCIE COUNTY, FLORIDA DATE: November 7, 2005 Native Technologies (NT) shall perform the work as outlined in the following scope of services: PLANTING I. NT shall provide all labor, supervIsion, equipment and material necessary to install plants as listed below to create approximately 3.5 acres of coastal hammock within the Blind Creek Park. 2. The species and quantitiesof plants are as follows: Wax Myrtle 1,200 3 Gallon Fire Bush 500 3 Gallon Coco Plum 1,200 3 Ga1lon OTHER CONDITIONS: I. Contractor shall not be responsible for acts beyond its reasonable control or negligence by others including inappropriate engineering or design. 2. Invoices submitted for work completed shall be paid within 30 day of receipt. A finance charge of 1.500% per month or an anmwl percentage rate of 18.000% wi II be computed on all past due balances. 3. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. I Xl'¡ South ì'vlilitaryTl1Iil. Building (,. Dc~rlìclù Beach. FL 334-12 {y SWlc CertifIcate ~ ('[J-CO}S941> Ö3S.30 1,1707 . 95-1.596.2-111 . Fax 954.480.62-19 . II'lI'w.nalil'clcchnologicsinc .COI11 Printed on recycled paper':~; z 4. This proposal shall be valid for 30 days. 5, This work may be piggybacked onto the School Board of Broward contract. NOT INCLUDED: 1. Maintenance, monitoring, aerial photographs, water and/or soil sampling and associated laboratory anaJysis, continuous hydrographs, surveys, orange barricade fencing, as-built surveys, maintenance of traffic. CONTRACT FEE: 1. NT agrees to perform the Planting services stated above for the sLIm of $23,170.00. Submitted by; Accepted by: Qw- Robert B. Miller Senior Vice President Native Technologies 2 fi ~fNative ,'\ Technologies'" .:.. '.·:~!i,,("~~t\i·:~, rj")A' :(;"ç,..,\~, CLIENT: ST. LUCIE COUNTY jvlOSQUITO CONTROL DISTRICT' PROJECT: EXOTIC AIAINTENANCE OF BLIND CREEl( COASTAL HAMMOCK PLANTING AREA PROJECT LOCATION: ST. LUCIE COUNTr~ FLORIDA DATE: JaJ/1WI)' 30, 2006 Native Technologies (NT) shall perfonn the work as outlined in the following scope of services: MAINTENANCE: 1. NT shall perf 01111 four (4) quarterly maintenance events for one (I) year of FLEPPC exotic and nuisance plant species within the 3.5 acre planted Coastal Hammock area located within Blind Creek Park. 2. All t:xutics and nuisance plant species will be treated in place. 3. The events will be conducted to insure that the site contains less than five (5) percent coverage by EPPC category one exotic and nuisance plant species. 4. Only EPA certified herbicides will be utilized and applied under the supervision. of State of Florida Licensed pesticide Applicators. OTHER CONDITIONS: 1. Contractor shall not be responsible for acts beyond its reasonable control or negligence by others including inappropriate engineering or design. 2. Invoices submitted for work completed shall be paid within 30 day of receipt. A tìnance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. 3. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. . I S \4 South ì','lililary Trail. Building 6, Deerfi<:ld ßeJch. FL 33442 ú Slilt< C<L1ilicale # CU·C03~94¡' EXHIBIT RRRJO 1.1707 . 95-1.596.24\ ¡ . Fax 95-1.480.6249 . \\'w\\',n<lt1\ctechnologlcsII1C,COIl1 Printed on recycled paper :~~' -fì-B-- 4, This proposal shall be valid for 30 clays. NOT INCLUDED: t. Monitoring, aerial photographs, water and/or soil smllpling and associated laboratory analysis, continuous hyclrographs, surveys, orange barricade fencing, as-built surveys, and maintenance of traffic. CONTRACT FEE: 1. NT agrees to perform the iVlaÎntellance services stated above for the SUI~l of $3,357.00 or $839.25 per quarterly event. Accepted by: Robert . Miller Chief Operating 0 fticer Native Technologies 2 'fi ¡((Native ,'\ Technologies'· ;., \·'-!.~~I,Jj!d')t;~n... Gr,).¡~) (.:mp:ir, January 20, 2006 Mr, J¡¡¡nes R. David Dj rector St. Lucie County Mosquito Control Distrist 3150 Will Fee Road Fort Pierce, FL 34982 Rc: St. Lucie CoulI(I! 111osquito COlltrol Impoundmef/t 3 ,'litlgatioll Area Dear Mr. David: Pursuant to your request, attached please lind a proposal to restore the mitigation areas at John Brooks Park and Frederick Douglas Park along A lA and a contract between Native Technologies, Incorporated and The Broward County School Board. This contract covers the selective removal and disposal of Australian Pine and Brazilian Pepper trees, silt fencing and excavation services. The contract bears a fee of $6,170.74 per acre for~ cle<lring and grubbing, $1.04 per foot for silt fence and $8.45 per square yard for excavation, The cOÌ1tract also covers the planting of native plant species. The contract bears a fee of $8.79 per Coco Plum, $8.79 pel' Wax Myrtle and $8.22 peYFire Bush. This contract did lIotinclllde fcrtilizer and mulch. . Based on the acreage of Impoundment 3 (Frederick Douglas Park), (3.47 acres x $6,170.74 + 4,329 If x 1.04 + 16,795 sy x $8.45 = a total cost of $167,832.38). As you will note our cost estilll<lte to the county indicates that NTI will perform this work for a total costof$103,307.00 Based on the plant quantities of Blind Creek, (500 x $8.79 + 250 x $8.79 + 250 x $8.22) for <I total cost of 58,648.00. As you will notc our cost cstim<lte to tbe County indicates that NTI will perform tbis work for a total cost of $JJ,586.00:<rhe requirements for this worl< include fertilizer and mulch. The rollowing is an outline or the procedure for the vegetation removal work on the impoundment dikes and the conditions within which the work will occur. a) All trees, St1lll1pS and vegetation shall be removed, transported and pile burned at Blind Creek in conjunction with the 66.1 acre blind Creek project. . b) Silt fencing will be installed to avoid impacts to wetlands. c) The sites shall be excavated to an elcvation of -2.0 NGYD. All exctlvated nmtclitll will bc spread adjacent to the excavation area and seeded and mulched. RI4 South Military Trail. ßu1lùing 6' Decrrl<:ld Beach. FL JJ442 Stat" (crtilicalc" Cß-COJ~')4(' EXHIBIT Prlnled on reCYCled paPêr:~ XXX.JOI 1707·954.596.2411' Fax 954.4RO.ó249 . \\'ww.nati\ctcchnologicsincxom ßß d) The plant ll1aterinl will be delivered to the planting site and stnged prior to planting e) The plant material will be clist¡ibuted according to plant community types and natur,¡ growth pattems f) Planting holes will be dug, the plant removed from the container, the hole backfilJed and the plant watered in to avoid air pockets from developing around the root system. g) The plantl1laterial will be fertilized, staked. tied and mulched. By allowing the vegetative material to be bumed at Blind Creek and the excavated material to be sprcad adjaccnt La the work area, the cost for this work has been reduced by approximately $75,000.00. In closing, the price quoted for the impoundments 3 \vork includes all labor, material, supervision and incidentals to complete the work and is bas cd on a comparable contract awarded under a competitive bid situation. As we have demonstrated in the past, it is our goal to perf 01111 our work in an expeditious manner and under the estimated budget amount. Should YOll have any questions or need additional information, please let me know, Sincercly, ~- Robert B. Miller Chief Operating 0 nicer · '~~ ~(Native ,\ Technologies'" ,~ N-:tl;¡~:iS:':.:·· ~'.J.~' C~I":J.~ , CLIENT: ST. LUCIE COUNTY ivIOSQUITO CONTROL DISTRICT PROJECT: VITOLO URBAN FORESTR Y PROJECT PROJECT LOCA nON: ST. LUGE COUNTY RE: EXOTIC AND NUISANCE i'vIAINTENANCE DATE: JANUARY 20,2006 Native Technologies (NT) is pleased to provide this proposal ill accordance with the lollO\ving scope of services: QUARTERLY MAINTENANCE I. NT shall perform twelve (] 2) quarterly maintenance events of FLEPPC exotic and nuisance plant species within the 3.47 acre mitigation area. 2. All exotic~ and nuisance plant species will be treated in placc. 3. The events will be conducted to insure that the si te contains less than fi ve (5) percent coverage by EPPC category one exotic and nuisance plant species. 4. Only EPA cc[1ified herbicides will be utilized and appliecluncler the supe¡-vision of State of Florida Licensed pesticide Applicators. NOT INCLUDED: 1. Planting, sodding, seeding and mulching, water and/or soil sampling and associated laboratory analysis, continuous hycIrographs, surveys, orange barricade fencing, surveying, maintenance of traffic, excess soil disposal, off site disposal of vegetation, erosion controls, dewatering, trash removal. demolitions, location of undcrgrounclutilities. fence removal. ~ 14 South "Iililllry Trail. Building (, . Deerticld Bench. FL .1.1442 ~.. ,/ SlO10 (orlilicaIO" CB-(0.189 ,. EXHIBIT HS1UD 1.1707 . 954,S')ó.24 1 I . hl.\ 954.480.6249 . \\'\\ w.nn!í\ClCchnologicsinc.col1l P,1nled on recycled paper'ª' C2...c:... OTHER CONDITIONS: I. NT shall not be responsible for acts beyond its reason¡lble control, adverse soil and/or \Vater Cju8lity, or negligence by others including il1<lppropriate engineering or design. 2. NT shallnol be responsible for any hydrologic issues related to tbe site. 3. Client shall be responsible for obtaining and paying for any and all permits re4uired for the above stated work prior to coml11ent:t:\1lent 0 f the work and at no cost to NT. 4. Invoices submitted for work completed shall be paid within 30 clay of receipt. A finance charge of 15% per month or an annual percentage r<1te of 18.0% will be computed 011 all past due balances. 5. In the event additional plants. vines, trees elC. arc aclclcdlo the FLEPPC "List of lilvasive Species", NT reserves the right to mljust this COiltHlct ¡fadditional \Vork.is req u ired. 6. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work, 7. This proposal shall be valid for 30 clays. CONTR.L\.CT FEES: I. NT agrees to provide the Quartel"ly .\Iaintcnancc s<:rvices for the SlIl1l of$894.25 pc/' event for a 10Lal of$JO,73LOO. Accepted by: ~ ... fit ~iNative ,~- Technologies'" A ~'\~11.1Í1L1~b~)\. (jrol.O CO!'TIPJf1¡ November 7,2005 Mr. James R. David Director St. Lucie County Mosquito Control Distrist 3150 Wi11 Fee Road Fort Pierce, FL 34982 Re: St. Lucie COUllt)' Mosquito COllt/'O/ District BUIIII Creek Plal/ting Dear Mr. David: Pursuant to your request for a proposal to restore the Blind Creek project, a project purchased with Federal funds, auached please find a contract between Native Technologies, Incorporated and Tbe Broward Coullty School Board. Tbis contract covers the planting of native plant species. The contract be¡¡rs a fee of $8.79 per Coco Plulll, 58.79 per Wax Myrtle and 58.22 per Fire Bush. Based on the plant qu¡¡ntities of Blind Creek, (1,200 x $8.79 + ] ,200 x $8.79 + 500 x 58.22) for a tolal cost of 525,206.00'. As you will note our cost estimate to the County indicates that NTI will perform this work for a total cost of$23,170.00. The following is an outline of tbe procedure for the vegetation removal, dune reconstruction and planting work at Blind Creek and the conditions wit bin which the work will occur. a) The plant material will be delivered to the planting site and staged prior to planting b) The plant material will be distributed according to plant community types and natur:rl growth patlems c) Planting holes will be dug, the plant removed fi'om the container, the hole backfilled and tbe plant \vatered in to avoid air pockets fi'om developing around the root system. d) The plmJl matelial will be staked and tied. In closing, the pricc quoted for U1C Blind Creek Restoration work includes of all labor, nmtelial, supervision <1nu incidental to complete the work and is based on a compal11ble contract awarded under ¡¡ competitive bid situ<1tion. As we have demonstr:Jted in the past, it is our goal to perf 01111 our work in on expeditious manner and under the estimated budget amount. Should you have any questions or need additional information, please let me know. 0"'\7 \.\ ~WJ Robert B. Miller Senior Vice President X 14 South ,vi i I iwry Tra il. Building (; . Del'rfïeld Beach. F L 3344~ Slalc Ccnilic"I<" Cß-C03S<J·\(, EXHIBIT XX¡UO I 1707 . 95..L596.~411 . Fax 954.4~;o,62"¡9 . \\'ww.I1i1livCICchnologiesinc.col11 Prmted on recycled paper:':~~ .. " :¡; IJ 3 DD , 'I.. ~t_ Native . ~ Technologies'" CLIENT: ST. LUCIE COUNTY iV/OSQUITO CONTROL DISTRICT PROJECT: KING'S ISLAND MANGROVE TRli'dMING PROJECT LOCATION: ST. LUCIE COUNTY, FLORIDA DATE: J((IIUW1'26,2006 Native Technologies (NT) shall perfoll11 the work as outlined in the following scope of services: MANGROVE TRl¡VIMING: I. NT will provide ail labor, materia] and equipment to semi-annually trim lateral bl:anches over hanging the canal along the eastside of Kings Island (Imp. 19a) approximately 600 linear feel. 2. All vegetative material generated will be chipped anclleft on site. OTHER CONDITIONS: I. Contractor shall not be responsible for acts beyond its reasonable control or negligence by others including inappropriate engineering or design. 2. Proposed \\lork is authorized under existing FDEP mangrove trimming permit MA-56-024290] -00 I. (See att¿¡ched) .., .), Invoices submitted for work completed shall be paicl within 30 day of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% wil I be computed on all past clue balances. 4. Any incidental activity nol explicitly mentioned in this proposal is excluded tì·om the scope of work. 5. This proposal shall be valid Cor 30 days, 6, This \\lork may be piggybacked onto the School Board of Broward contract. I :-: I ~ South j\,lllllary Trail. Uullding 6 . f)~~rtkld Beach. FL .ì3~'1~ .:. ',"-::I.jn:1::;L-z,:·; '''''').!i¡ (r.:I"\;;;I·.' () S¡:Jll' ('-'111IiLlh~ £:: t"B·( "UJ:\I.I..P, EXHIBIT ~:-::-:.30 1,1707 . ')5~.5%,1'¡ II . Fi1~ 95-\.4&O.6:'·\l) . \\\\\\ .ni1ti"::ICt:llIlologi-:,inc.cl\lt1 Pflnled on Ii:cyclao papel .;1 VI " :¡¡ ~ SE:- NOT fNCLUDED: I. ìvfailltenance. monitoring, aerial photographs, water andlor soil sampling and associated laboratory analysis, continuous hydrographs, surveys, orange barricade fencing, as-built surveys, maintenance of tranic and off site disposal of vegetation. CONTRACT FEE: !. NTI agrees to perform the ~(Iangrove Trimming services stated above for the sum of 3,096.00 per event. Submitted by: ~ /' \ ' / / . . \ G ~ol--- Robert B. Miller Chief Operating Ofiìcer Native Technologies 2 Accepted by: Native 1'1echnologies1M March 9, 2006 A Wf~~8f':r.1:0(;rJ. Út¡;.;¡r) {>~mj."~~:W Ivlr. James R. David Director St. Lucie County Mosquito Control Distrist 3150 "ViII Fee Road Fort Pierce, FL 34982 Re: St. Lucie COIIIl(1' 1l-!osqtlÍfo COl/trol Blind Creek Park and Little Mild CreeA Dear Mr. David: Pursuant to your request, attached please find a proposal for restoration services at Blind Creek Park and Little !vlud Creek and a contract between Native Technologies, Incorporated and The Broward County School Board. This contract covers excavation and Planting services. The contract be:1rs a fec of S8.45 per square yard for excavation and $8.79 per plant. Based on the acreage of Blind Creek and Little Mud Creek, (67,324.40 sy x $8.45 -I 750 x $8.79~" a total cost of $575,483.(8). As y.ou will note our cost estimate to the county indicates that NT! wil] perrornl this work for a total cost of $320,344.00 The folJowing is an outline of the procedure for the restoration work and the conditions within which the I\'ork will occur. a) Excavate sand /ì'OIll the back-slope area of the existing beach dune for placement to fOI1n the beach dune at an elevation of12.0 NAVD. b) Prior to placement on the beach dune, the e,xcavated sand material shall be screened to provide a dean uniform product Ji'ce ofroot5 and debris. ç) Scrape down the areas of previous sand removal operations to an elevation of -0.5 NA VD in the marsh area. d) -I'he excavated material li'ol11 ¡he m:1rsh area will be placed on ¡he back-slope of the beach dune. e) The sand covering the existing parking area will be scraped down one foot and the resuJting sand materia] will be placed to fOrln the back-slope of the existing beach dune. f) Excavating excess silncl Ji'ollllhe creek area to an elevation 01'-2.5 NA VD. The sand removed 11'0111 the creek will be stockpiled in the existing parking area or placed on the adjacel,1t beach dune. g) Remove the sand bel111 and scrapc down the c.."isting marsh area to create five drawdown pools at an elevation 01'-1.5 NA VD, interconnecting flow-ways al an elevation of -2.5 NA VD and a perimeter ditch at an elevation of -3.5 NA VD in tbe marsh areas. h) The excavated material will be placed to form the back-slope oflhe existing beach dune. i) Plant 750 red or black mangrove trees along the marsh and creek area, 5,500Spattina patens along the back-slope of the beach clune. / N 14 Soulh i\IUílnry Trail. Building 6 . Dct'l'Jì"'ld B,:nçh, FL 33442 ,.'" ~\ ./~ U.- -St~¡It.:' C.:l'tlt1c;W.' ;: CB~C!}3;-;~)46 EXHIBIT (¡: 8Nx.30 I, ¡ 707. 954,596,2"111 . Fn\ 95AANO.6249 . \\,\\,·,\·.mltì\çt"çhn(1lo~!1C'sinc.ç()11l Pt¡rllr;dr,in H7!-cyrJù:'J p~lp(;f j) Collecl.lrom sites d(~signated by SI. Lucie County, mangrove seedlings and disperse the collçct(~d mangrove s(~edlings throughout the marsh scrape down areas rnentioned above. In closing, the price quoted for the impoundments 3 and 4 work include all labor, material, supervision and incidentals to complete the work and is based on a comparable contract awarded under a competitive bid situation, As we have demonstrated in the past, it is our goal 10 perform our work in an expeditious manner and under thc estimated budget amount. Should you have any questions or need additicHlal information, please let me know. Sincerely, ~.._~ /f)(,/ ~ (-{þ~q(¡lJ'--'" Robert ß, Miller Senior Vice President ::: Nati've r-reCh!lOlo iesTM ._^-,---"_.¥~~.........~,""_...._.-..__..,,,,,....._----.--...,-_.......~.__..,,,......,,,,,,..... ;,:.Ú:h!/l~L.¡h CLIEN'r: ST. LUCIE COUN'fYMOSQUITO CON'fROL DIS'fRICT PRO,JECT: BLIND CRE.EK AND LII'TLE iVIUD CREEK PH.OJECT LOCA'fION: BLIND CREEK ST. LUCIE COUNTY REF: SANDR.EiVIOVAL, GRADING AND PLANTING DATE: iVIAJ1CH 9, 2006 _._._...........__.._.____.._._.....__..__........_...__w__._...__.__.____.._.....____,........__._.._......._'_..w._...w.....-.,,-......-.........-- Native Technologies (NT) shan perform the work in accordance \vith tbe following scope of services: S.ANDJ~EMOYl\L ANI2S,;ìIZADII:KL Phase One: Blind Creek Park North and South Area: 1. NT will provide all labor, equipment, and supervision necessary to excavate sand from the bade-slope area of the existing beach dune for placement to form the beaeh dune at an elevation of 12.0 NA YD. ') Prior to placement on the beach dune, the excavated sand material shall be screened to provide a clean uniforn1 product iì-ec of roots and debris. 3. NT "viII provide aU labor, equipment, and supervision necessary to scrape do\vn the areas of previous sand relnova] operations to an elevation of -0.5 NA VD in the marsh area. 4. The excavated material from the marsh area will be placed on the back-slope of the beach dune. 5. The sand covering the existing parking area wiJl be scraped clo\vn one foot and the resulting sand material will be placed to form the back-slope of the existing beach dune. 6. No material \vill be hauled on site or removed off site. /) C~· -...----.. ! 814 South Military Trail. 1311ilding (). Dt<.:r1icld Beach. FL. 33442 Sl~lt(' Ceni Ikalt: :: CB-C03~OA6 888,30 I 1 ì07 . 954596,2·\ 11 . Fax 954.480.61·19 . w\\w.mlli'';:·lì:cI1l101ogi<.:sil1c.com PflÎ;~(fd or: 1~(>r'C;i'd Phase T\vo: Little ¡vIud Creek: 1. N"r wiJl provide all labor, equipment, <me! supervision necessary for excavating excess sand from the creek area to an elevation of -2.5 NA VD. The sand removed horn the crèek wiU be stockpiled in the existing parking area or placed on the adjacent beach dune. Blind Creek Park North and South Area: 1. NT will provide all labor, equipmcnt, and supervision necessary to remove thc sand berm and scrape down the existing marsh area lO create five drawe!own pools at an elevation of -1.5 N/-\ VD. interconnecting Üo\v-ways at an elevation of -2.5 NA VI) and a perÜl1cter ditch at an elevation of -3,5 NAVD in the marsh areas. 2. The excavated material wi]] be placed to forrn the back-slope of the existing beach clune. ELANTlflQ..;. 1. NT will provide all labor, material, equípnlent, and supervision necessary to plant 750 red or black mangrove trees along the marsh and creek area, 5,500 Spartina patens along the back-slope of the beach dune. 2. NT v.,rill provide all Jabo}' and supervision necessary to collect, from sites designated by St. I.ucie County, mangrove seedlings and disperse the collected mangrove seedlings throughout the rnarsh scrape clO\VD areas mentioned above. OTIŒR CONDITIONS: 1. Contractor shall not be responsible for acts beyond its reasonable contrQI or negligence by others including inappropriate engineering or design, 2. Invoices submitted for work completed shaJl be paid within 30 day of receipt. A (inance charge of 1.500%1 per month or an annual percentage rate of 18,OOO(~;) wil1 be cOlnputed on all past due balances. 3. Auy incidental activity not explicit]y mentioned in this proposal is excluded from the scope of work. 4. This proposal shal1 be valid for 30 clays. 5. This work may be piggybacked onto the School Board of Broward contract. 2 6. O\vner shaH be responsihle to obtain any and all permits required for the above stated work at no cost to Native Technologies, Inc. NOT I1\JCLILDED: 1. Sand fence materiaL maintenance, monitoring, aerial photographs, burning, water and/or soil sampling and associated laboratory analysis, continuous hyclrographs, surveys, orange barricade fencing, as-built surveys, maintenance of traffic, sodding or seeeling and lnulching. ÇQNTR/\CT FEE: 1. NTl agrees to perform the Phase One Sand Removal and Excavation services stated above for the SUlll of S 167,000,00 2. NTl agrees to P. cl'form the Phase Two Sand Removal, Excavation anclPlanting ç. "v services stated above for the sum of $153,344.00 SubnlÎtted by: Accepted by: ///~-'; /._\ /'.' ..1....". ... ..1 /Jj' ~¡'¡ f ! I I .,L.......... Cl2'_ .: '. !v__,_._.__m- Robert B. Miller Chief Operating Officer Native 'fechnologies ........._.._......_._---~....... 3