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Agenda Packet 07-18-06
July 18, 2006 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 7/18/06 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.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 July 18, 2006 6:00 P.M. Invocation Pledge of Allegiance 1. MINUTES Approve the minutes of the regular meeting held on July 11, 2006. Amend the minutes of the June 6, 2006 meeting to reflect corrections to Scrivener's errors. 2. PROCLAMA TIONS/PRESENT A TIONS A. Board discussion on hearing dates related to Island Club. B. Resolution No. 06-243 - Endorsing the Lincoln Park Business Association Application for the Florida Main Street Program in Support of Lincoln Park Main Street - Consider staff recommendation to approve Resolution No. 06-243 as drafted. 3. GENERAL PUBLIC COMMENT 4. ONSENT AGENDA PUBLIC HEARINGS COUNTY ATTORNEY Petition for Abandonment - Petition to abandon a portion of two 30-foot platted rights-of-way - known as Canal Drive and Poinsettia Avenue - Resolution No. 06-217 - Consider staff recommendation to approve Resolution No. 06-217, instruct staff to publish the final Notice of Abandonment, record Resolution No. 06-217, Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records 9f St. Lucie County. I 5B. / COUNTY ATTORNEY l7" Continuation of Second Reading - Ordinance No. 06-022 - Provide for the option to impose a Privilege Fee for the Abandonment of Real Property or Right-of-Way - Consider staff recommendation to adopt Ordinance No. 06-022. Regular Agenda July 18, 2006 Page Two ' GROWTH MANAGEMENT Petition of Mo-Jo Entertainment, Inc., for a 12-month extension of an approved Conditional Use Permit to allow the operation of a drinking place (alcoholic beverages) - free standing (nightclub) in the CG (Commercial, General) Zoning District - Draft Resolution No. 06-170 (File No.: BCC-06-006)- Consider staff recommendation to approve Draft Resolution No. 06-170, for a 12-month extension to an approved Conditional Use Permit to allow the operation of a drinking place (alcoholic beverages) - free standing (nightclub) in the CG (Commercial, General) Zoning District for property located at 6682B So U.S. Highway No.1. GROWTH MANAGEMENT Petition of Chez Nous, LLC, for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 ~ i dU..I.aC) Zoning District to the RS-3 (Residential, Single-Family - 3 du/ac) Zoning District for property f located on the east side of Oleander Avenue, approximately 500 feet south of Ulrich Road. Draft Resolution No. 06-167 _ Consider staff recommendation to approve the request of the petitioner of this ,J"m for a continuance to the August 15, 2006 Board of County Commissioner's meeting. JO J Ii sV fOUNTY ATTORNEY iegel Partners IX-Orange Avenue Commercial Site - First Amendment to November 15, 2004 evelopment Agreement - First Public Hearing - This is the first of two public hearings. The second public hearing is scheduled for August 1. No action is required at this time. GROWTH MANAGEMENT ~ Consider Draft Developers Agreement DV A 06-001 approving a Developers Agreement between Incom Properties and St. Lucie County - Consider staff recommendation to authorize staff to schedule the ~ second of the required public hearings for the proposed Developers Agreement for the Board's August r ~7 006 (jgï';~eting. ~I 'I V IS 1~ Ef1D OF PUBLIC HEARINGS CONSENT AGENDA 1. WARRANTS LIST Approval of Warrant List No. 41 2. COUNTY ATTORNEY A. Release of Bonds for Savanna Club Phases 4, 5, 6 and 7 - Consider staff recommendation to approve the release of the bonds for Savanna Club Phases 4, 5, 6 and 7. B. Resolution No. 06-241 - Authorizing the Chairman to sign a request for temporary closing of State Road 70 to facilitate the 29th Annual Bikers Roundup - Consider staff recommendation to authorize the Chairman to sign the FDOT form requesting the temporary closure of State Road 70 as outlined above. C. Treasure Coast Research, Education and Development Park - Partial Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc. - Considers staff tV~~ommendation to approve the proposed Partial Termination of Lease Agreement with / ._. T!e~sure C~ast .Agricultural Research Foundation, Inc., and authorize the Chairman to sign the / artlal Termination. / . . Request from Grande Beach North Hutchinson Island LLC to repeal Ordinance No. 06-023 and Resolution No. 06-055 - Permission to Advertise - Consider staff recommendation to grant \ permission to advertise Ordinance No. 06-040 and Resolution No. 06-219. ESOURCES Re-class _ Consider staff recommendation to re-class two employees from MTIII to MTV and two employees from MTIV to MTV retroactive to June 28, 2006. B. Mid year April 1 st pay adjustment - Consider staff recommendation to implement the April 1 st pay adjustment for non-bargaining unit employees and bargaining unit employees upon ratification. 4. PUBLIC WORKS A. Solid Waste Initial Assessment Resolution No. 06-206 Request Permission to Advertise Public Hearing _ Consider staff recommendation to adopt Resolution No. 06-206, a Solid Waste Initial Assessment Resolution and grant permission to advertise a public hearing on August 15, 2006 at 6:00p.m. or soon thereafter as the matter may be heard. B. Engineering Division - Approval of the Work Authorization No. 5 with Inwood Consulting Engineers, Inc. for the Final Design of the Angle Road Sidewalk Project in the amount of $102,795.00 _ Consider staff recommendation to approve Work Authorization No.5 with Inwood Consulting Engineers, Inc. for the Final Design of the Angle Road Sidewalk Project in the amount of $102,795.00, and signature by the Chairman. 5. AIRPORT Adopt Resolution No. 06-220 approving the 2007 Disadvantaged Business Enterprise Plan for the Airport, authorize the Airport Director to submit the Program to the FAA Civil Rights Office, and advertise for public comments on the goal determination - Consider staff recommendation to adopt Resolution No. 06-220 approving the 2007 DBE Program for the Airport; transmit the 2007 DBE Program to the FAA Civil Rights Office for review and approval; and advertise the 12.8% goal in newspapers to receive comments on the goal and the goal determination as required by the FAA Civil Rights Office. 6. PARKS AND RECREATION Parks & Recreation Project Manager - Consider staff recommendation to approve a (temp to perm) temporary to permanent Project Manager position for the Parks and Recreation Department. Consent Agenda July 18, 2006 Page Two 7. PURCHASING A. Award Bid No. 06-082 - Fire Alarm Testing, Monitoring & Inspection - Consider staff recommendation to award Bid No. 06-082 - Fire Alarm Testing, Monitoring & Inspection to the second low bidder, 1st Fire & Security, Inc. for the total monthly amounts specified on the attached tabulation sheet, and grant permission for the Chairman to sign the Contract as prepared by the County Attorney. B. Change Order No.1 to Contract C06-05-266 with Sitewerks, Inc. for St. Lucie County International Airport Ditch Relocation - Consider staff recommendation to approve Change Order No.1 to Contract C06-05-266 with Sitewerks, Inc., which extends the contract time by twenty-one (21) days with a new completion date of July 21, 2006, and staff recommends that the Board grant permission for the Chairman to sign the Change Order as prepared by the County Attorney. 8. GROWTH MANAGEMENT A. Request of James P. Terpening, for the final plat approval for the project known as Oak Alley PUD. This project is located at the northwest corner of the intersection of South 25th Street (State Road 615) and Devine Road in a P.U.D. Zoning District. The project consists of 58 single-family lots _ Consider staff recommendation to approve the final plat of Oak Alley PUD and authorize its execution. B. Petition of KMJ Apartments, LLC for a 12-Month Extension of the Major Site Plan known as Kitterman Woods _ Draft Resolution No. 06-221 - Consider staff recommendation to approve Draft Resolution No. 06-221, which would grant a 12-month extension to the approved Kitterman Woods project. 9. UTILITIES Staff requests the Board declare an emergency and requests a bid waiver per the Purchasing Manual Section 5.5 to approve the formal quote from Danella Companies, Inc. for the 16" Force Main on US Highway #1 from Taylor Creek to Fort Pierce Utilities Authorities Lift Station A or WWTP in the amount of $1,754,999.00 _ Consider staff recommendation to declare an emergency and requests a bid waiver per the Purchasing Manual Section 5.5 to approve the formal quote from Danella Companies, Inc. for the 16" Force Main on US Highway #1 from Taylor Creek to Fort Pierce Utilities Authorities Lift Station A or WWTP in the amount of $1,754,999.00. " . ' .. ANNOUNCEMENTS July 18, 2006 Meetinq Chanqes: · There will be no Board of County Commissioners meeting on Tuesday, July 25,2006 due to the Florida Airport Conference. · There will be no Board of County Commissioners meeting on Tuesday, September 5,2006 due to the Election. · The September 26, 2006 Board of County Commissioners meeting will be at 6:00 p.m. · November 21, 2006 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. · There will be no Board of County Commissioners meeting on Tuesday, December 26,2006 due to the County's observance of the Holiday. 1. The Board of County Commissioners will hold a Ribbon Cutting Ceremony on Thursday, August 3, 2006 at 2:00 p.m. at the Weldon B. Lewis Park. 2. The Board of County Commissioners will hold a Special Meeting on Monday, August 14, 2006 at 6:00 p.m. in the County Commission Chambers for the 2nd reading of the Adams Ranch Rural Land Stewardship - Land Development Regulations. 3. The Florida Association of Counties Regional Tour will be on Thursday, September 14, 2006 at 2:00 p.m. in the County Commission Chambers. 4. The Board of County Commissioners will hold a Workshop with the University of Florida Officials on Monday, September 25, 2006 at 2:00 p.m. in Conference Room #3, Roger Poitras Administration Annex. 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. ¡ RA1. CA1. CA2. CA3. ADDITIONS AGENDA July 18, 2006 REVISED 7/18/06 REGULAR AGENDA COUNTY ATTORNEY Resolution No. 06-244 - Recognizing Mr. Robert Lockwood, Jr. As a Living Legend and Welcoming him to St. Lucie County, Florida - Consider staff recommendation to Adopt the attached Resolution No. 06-244 as drafted. 1 CONSENT AGENDA PUBLIC WORKS h Change Order No.4 to the contract with Dickerson Florida, Inc., - SR 615 S. 25t Roadway Widening (Midway Road - Edwards Road) is for modification of plan quantities, improvements, and additional safety features. This will not change the contract dollar amount - Consider staff recommendation to approve Change Order No.4 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), for modification of plan quantities, improvements, and additional safety features. PARKS AND RECREATION St. Lucie County School Board Fee Reduction - Consider staff recommendation to approve the School Board's request for a reduction in fees for the rental of the Fairgrounds Adam's Arena and approve a total fee of $2,000.00 for its May 14th _19th, 2007 graduation rehearsals and ceremonies. PUBLIC SAFETY Request to approve the Agreement for Testing Limited Release of Software with Sungard/HTE. With this testing, St. Lucie County Public safety will receive a $2,555.00 credit - Consider staff recommendation to approve the Agreement for Testing Limited Release with a credit in the amount of $2,555.00 and have the Chairman sign the Agreement. CA4. COUNTY ATTORNEY Steward Mining Industries, Inc., Florida Resources, L.L.C. - Escrow Agreement - Consider staff recommendation to approve the Escrow Agreement and authorize the Chairman to sign the Agreement. CAS. GROWTH MANAGEMENT Request approval to a grant for $18,515.00 to St. Lucie Fire District to cover EMS Services at the Fairgrounds during the National Bikers Roundup from August 1 through August 6,2006 - Consider staff recommendation to approve the funding of the St. Lucie Fire District to provide EMS Services during the National Bikers Roundup from August 1st to August 6th at a maximum cost of $18,515.00 and grant permission for the Chairman to sign the Contracts andlor Work Authorization as prepared by the County Attorney. Consent Additions Agenda July 1S, 2006 j Page Two . CA6. ADMINISTRATION Recreation Advisory Board - Commissioner Hutchinson has requested that Brad Keen be reappointed to the Recreation Advisory Board as her appointee for a second term - Consider staff recommendation to ratify Commissioner Hutchinson's reappointment of Brad Keen to the Recreation Advisory Board for a second term. CA7. ADMINISTRATION Contractors Licensing Board - Commissioner Coward has requested that Carol Hughes be reappointed to the Contractors Licensing Board as his appointee for a second term - Consider staff recommendation to ratify Commissioner Coward's reappointment of Carol Hughes to the Contractors Licensing Board for a second term. CAS. ADMINISTRATION Recreation Advisory Board - Commissioner Lewis has requested that Curt Holden be reappointed to the Recreation Advisory Board as her appointee for a second term - Consider staff recommendation to ratify Commissioner Lewis's reappointment of Curt Holden to the Recreation Advisory Board for a second term. CA9. PUBLIC WORKS Erosion - Spur Jetty Damage Repair: Bid (#06-056) Award - Consider staff recommendation to 1) approve the total project budget in the amount of $297,207.00 and 2) award a construction contract to the apparent low bidder, Sunshine Land Design, Inc., in the amount of $267,906.64, and execution of said contract by the Chairperson. 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 TDO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. " AGENDA REQUEST ITEM NO. RAl DA TE: July 18, 2006 REGULAR [ X ] ADDITIONS PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 06-244 - Recognizing Mr. Robert Lockwood, Jr. As a Living Legend and Welcoming him to St. Lucie County, Florida. BACKGROUND: FUNDS AVAJL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 06-244 as drafted. Approved 5-0 CE: COMMISSION ACTION: !XI APPROVED [] DENlliD 1 J OTHER: -- JJ.. Review and Approvals County Attorney: Management & Budget purchqsing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 -- RESOLUTION NO. 06-244 A RESOLUTION RECOGNIZING MR. ROBERT LOCKWOOD, JR. AS A LIVING LEGEND AND WELCOMING HIM TO ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. America's extraordinary and diverse musical heritage reflects the remarkable cultural and artistic history of our nation through blues music. 2. The struggles of black Americans for freedom and equali ty found expression in African tribal chants and work songs that eventually evolved into a style of music that came to be known as blues. 3. Blues music is commonly accepted as the most important form of American rots music, with its impact heard in other music forms such as jazz, rock & roll, rhythm & blues, country, hip hop & rap. 4. The blues, with its origin in the Mississippi and Arkansas Delta region of the united States, is now celebrated with hundreds of festivals in the united States and around the world as well as the release and sale annually of millions of records. 5. Blues musicians from America, whether young or old, female or male, are now recognized and respected worldwide as unique and important ambassadors of America and its music. 6. It is important to reflect on the rich and distinctive history of so many talented artists, that we recognize and , celebrate the major contributions that black musicians have made to the history of American music and their influence on numerous forms of music internationally. 7. Among living blues music legends, none are more important and more respected than Mr. Robert Lockwood, Jr. Mr. Lockwood has been performing actively since the 1930's and still tours nationally and internationally at the age of 91. Additionally, Mr. Lockwood has received numerous academic, music, and civic awards including proclamations of "Robert Lockwood, Jr. Day" in the cities of Cleveland and pittsburgh as well as induction into the Blues Music Hall of Fame. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby recognize Mr. Robert Lockwood, Jr. as a living legend¡ and welcomes him to St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to see Mr. Robert Lockwood, Jr. perform during the National Bikers Roundup to be held in August, 2006. PASSED AND DULY ADOPTED this 18th day of July, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY (Ç@cillOO1J11 (_11 @ ru..D ID '/'\\4 AGENDA REQUEST ITEM NO. CA1 DATE: July 18, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 Michael Powley, P.E. County Engineer SUBJECT:4 th ... Change Order No.4 to the contract with Dickerson Florida, Inc., - SR 615 S. 25 Roadway Widening (Midway Road-Edwards Road) is for modification of plan quantities, improvements, and additional safety features. This will not change the contract dollar amount. BACKGROUND: Please see attached memorandum. FUNDS AVAIL. Funds are available in 101006-4116-563000-4108 - Transportation Trust/Impact PREVIOUS ACTION: September 12, 2000 _ BOCC approval of Joint Participation Agreement with FOOT to reimburse, design and construct the South 25th Street widening. On February 23, 2001 an RFP for consultant services was advertised for design of South 25th Street Roadway Widening. Proposals were received on March 21st, three firms were shortlisted on April 10th, and the Board approved negotiating with the top ranked firm, Inwood Consulting Engineers, on April 17th. On September 11,2001 the Board approved the agreement with ICE in the amount of $1,219,258.94 for design, permitting and land acquisition services. Because of pending issues with Earthtech, Inwood's sub-consultant for land acquisition services, staff re-agendaed the agreement with ICE to exclude land acquisition services. On October 16,2001 the Board approved the agreement with Inwood in the amount of $1 ,002,106.94 for design and permitting of South 251h Street Widening. Amendment No. 1 was approved on February 5, 2002 in the amount of $39,245.63. The first amendment to the contract became necessary after the FOOT realized that it would be unable to perform the Bridge Hydraulic Analysis and Report it had agreed to do. Inwood then undertook this responsibility. On May 14, 2002 the Board approved the Amendment No.2, as prepared by the County Attomey, along with Inwood's scope of services in the amount of $352,301 for land acquisition support and services for South 25th Street Roadway Widening. (All costs associated with the design and permitting of the project are reimbursable through our Joint Participation Agreement with FDOT. Costs associated with the land acquisition work are the responsibility of St. Lucie County, including land purchase costs.) Amendment NO.3 was approved on August 13, 2002 to provide additional engineering services related to the very compressible soils recovered in the borings for the new bridge crossing 1 o-Mile Creek, and additional survey work to support the acquisition activities. This amendment was for $59,968.60 and brought the total contract amount to $1,453,621.77. This amendment also extended the contract time to June 30,2003. !j ~ary 7, 2003 _ Amendme~t No. 4 - a revision to the Second Amendment for a redistribution of previously allocated funds to the Consultant Agreement with Inwood Consulting Engineers (ICE) for Land AcqUIsition Services for the South 25th Street Roadway Widening (Midway Road to Edwards Road). The number of parcels has decreased but the services of Earthtech's sub-consultants has increased. No change in project cost. May 6, 2003 _ Board approved Amendm~nt No.. 5 to In~ood Consulting En¡ineers C~nsul~an~ Agreement for additional surveying services and engineenng design services for the South 25 Street Widening In the amount of $37,151.25. December 16, 2003 _ Board approved Amendment NO.6 to Inwood Consulting Engineers Consultant Agreement to provide expert witness services and post design services for the South 25th Street Widening Project in the amount of $49,968.00. April 13, 2004 _ Board approved Amendment NO.7 to Inwood Consulting Engineers Consultant Agreement for S. 25th Street Improvements at the intersection of Midway Road in the amount of $51,796.65. August 17, 2004 _ Board approved Amendment No.8 to Inwood consulting Engineers Consultant Agreement for additional optional services for land acquisition activities for the S. 25th Street Roadway Widening Project in the amount of $50,000. May 24, 2005 _ Board approved Amendment NO.9 to the Consultant Agreement with Inwood Consulting Engineers to provide additional right-of-way services and inspections, as needed, through December 31,2008, for the S. 25th Street Roadway Widening Project in the amount of $12,000. June 28,2005 _ Board approved award of SR 615 S. 25'" Street to Dickerson Florida, Inc., in the amount of $18,457,554.79. November 8,2005 - Board approved Change Order No.1 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), in the amount of $49,349.55, for modification of plan quantities to facilitate construction. December 20, 2005 - Board approved Change Order NO.2 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), for modification of plan quantities in order to ensure the safety of the public (and will not change the contract dollar amount). Ap,~iJ 25,2006 _ ~oa~d app~oved Change Order NO.3 to the contract with Dickerson Florida, Inc., for SR 615 S. 25 Roadway WldeOlng (Midway Road-Edwards Road), for modification of plan quantities and safety enhancements in the amount of $408,525.26. This also includes Midway Road and Selvitz Road Intersection Improvements. RECOMMENDATION: St~!f recommen~s a~prova.1 of Change Order NO.4 to the contra~ with Dickerson Florida, Inc., for SR 615 S. 25 Roadway Widening (Midway Road-Edwards Road), for modification of plan quantities, improvements, and additional safety features. Authorization for the Chairman to sign. Approved 5-0 Dougl s M. Anderson County Administrator coordinationlS~øes (x)Mgt. & Budget) ~Øl Ix)Prog. Mgr. c~j COMMISSION ACTION: []J APPROVED [ ) OTHER: [ ) DENIED ;) +T' [x)Coun!y Attorney .~ r-..I [x]Exec. Asst.. \J J'T", , [x)Originating Dept. Public Wor1<s [ ]Finance S. 25'h Widening Dickerson C04. [ lather t DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike powley, County Engineer SUBJECT: July 18, 2006 SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road) DATE: BACKGROUND The attached Change Order No.4 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th Roadway Widening (Midway Road-Edwards Road), is for modification of plan quantities, improvements, and safety features for the workers as well as the traveling public. This change order also addresses improvements on property we acquired ahead of our construction and repairs to a damaged drainage structure that existed prior to construction. Additionally, an improvement to the bridge design has been identified that can be incorporated at no cost. This will not change the contract dollar amount. CHANGE ORDER ST. LUCIE COUNTY PROJECT: S. 25th St. Widening (Edwards Rd. - Midway Rd.) (name, address) CHANGE ORDER NUMBER: 4 INITIATION DATE: 7/11/06 TO (Contractor): CONSULTANT'S PROJECT NO.: NIA Dickerson Florida, Inc. POBox 910 Fort Pierce, FL 34954-0910 ST. LUCIE COUNTY CONTRACT NO: C05-06-326 CONTRACT DATE: 6/28/05 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHED The original (Contract Sum) was....................................................·..·....·......····..·....··........................................ $18,457,555.00. Net change by previous authorized Change orders................................................................................................ $457,874.81 The (Contract Sum) prior to this Change Order was....................................................................... .................... $18,915,429.81 The (Contract Sum) will be unchanged by this Change Order ....... ..... .... ............................... ............ ........... ...... .... ................................... ............ .............................. $-0- The new (Contract Sum) including this Change Order will be............................................................................ $18,915,429.81 The Contract Time will be unchanged by....................................................................................................................( -0-) Days The Dale of Substantial Completion as of the date of this Change Order therefore is: 10/14/07 Funds Available: Account Number 101006-4116-563000-4108 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 ortime as a result of increasès or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: SI. Lucie County, Enaineerina Division Architect/Engineer 2300 Virainia Ave.. Ft. Pierce. FL 34982 Address Approved: Public Works Department St. Lucie County Department 2300 Virainia Ave.. Ft. Pierce, FL 34982 Address By: Chester Belcher, Project. Mgr. 7/11/06 Date By: Donald B. West, PNJ Dir. 7/11/06 Date Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 Dickerson Florida. Inc. Contractor By: Date POBox 910, Fort Pierce, FL 34954-0910 Address Approved as to Form and Correctness County Attorney By: Date L. AGENDA REQUEST II~M NOI Cft~ DATE: 7/JYljorø -.. \ \ 0 0 Lñ 0 Ô 0 LO 0 ~ M 0 N " Ô 0 0 éÕ N (0 0 0 0 N 0 0 Ô I"- 0 0 C") " en 0 N 0 ~ 0 0 N ~ N 0 N N LO CX) C! (0 en '" 0 0 0 0 6 0 o.ci Il'i C") 6 6 N ~ to 6 Il'i 10 6 Il'i oi 6 " a:i ~ Il'i to ~ 6 6 0 0 Q) 0 0 ~ ~ '" LO LO C") " 10 10 " 10 " N C; a> N C") '" '" " CX) 0 0 ~ N ~ o. 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LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: St. Lucie County School Board Fee Reduction BACKGROUND: Per the attached correspondence, Kevin Perry, SLC School Board Area Assistant Superintendent, is requesting that the BOCC approve a reduction in rental fees at the Fairgrounds Adam's Arena for the May 14-19, 2007 graduations rehearsals and ceremonies. Instead of the $2000 per day rental fees, the School Board is requesting that the total fee for the use of the facility be reduced to $2000. In previous years, the school board paid a total fee of $2,000 for use of the Civic Center. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the School Board's request for a reduction in fees for the rental of the Fairgrounds Adam's Arena and approve a total fee $2,000 for its May 14-19, 2007 graduation rehearsals and ceremonies. COMMISSION ACTION: NCE: pc J APPROVED [J DENIED "[ 'J OTHER: Approved 5-0 CoordinationlS ignatures County Attorney:xx ~ Management & Budget: Originating Dept: ~ Public Works: Purchasing: Other: Finance: (Check for Copy only, if applicable)_. C\DOCUME-I IADMINI-I\LOCALS-I\TEMP\SCHOOL BOARD AGENDA 07.DOC .. Parks and Recreation Department Memorandum From: Board of County Commissioners Linda Barton, Assistant Parks & Recreation Director / To: Subject: Agenda Request C-3, July 25,2006 St. Lucie County School Board Fee Reduction Date: June 30, 2006 Per the attached correspondence, Kevin Perry, SLC School Board Area Assistant Superintendent, is requesting that the BOCC approve a reduction in rental fees at the Fairground's Adams Arena for the May 14-19, 2007, graduations, rehearsals, and ceremonies. Instead of the $2000 per day rental fees, the School Board is requesting that the total fee for the use of the facility be reduced to $2000. In previous years, the School Board paid a total fee of $2,000 for use of the Civic Center. LB:bjh :E~~,:: ~ .~ , ]~J~:~~:n 'D'.sr.s '. >,~:~:.~.~~~L. ~~cs!! e~22 j t. =J '<= 22: ~; r " ..ríØ l' '- .' .~ J:.'..J.....'... "'~ ~'" ]·1 "" ,.."..1 "F"". '"'). ,... ". ~'.~ '" .~ ¡, /' , .. ,:1.,' .,'-.\1 .. I . ¡ j J ' " . ,....I ! I I £' ~ iff ,/"-.- i J '~¡pJ' '~'<'~ ' ,~'-,o;_, ,J ~ ,'. ~",",(I .,J ""',J S~\ùc'.e!Co'.;.~~;- 420LL C;;(sec:hobes F~J2d ptlblic S~b.cc1s' t= crt PierG,S1 ¡:=!cr~c!,a 3~;·3~~¡ ~Þ;,:-'¡~2 ,.- J ,3't:J 'I ~\ Lu IJ t:; j "ç: i~"" '.'-"1- ~~~I :!'<ø)/ ;-<atnrJG Hens!'2Y, C::airmar: Cr ,JCh,1 ':oi'./8!¡¡, \¡ïC'2 C.:131¡m3n Dr. Sõrnue; S. Gaines Carol.'"'. Hilson Dr .juci ~,Iiiie,. ,3 U!:D,'srj ~!aT1 d971't rvlIC;lae! J L2nncn June 12,2006 ~ ,~ I"\'¥ ~J t ~ ~v' Joe Smith, District 1 The Board Of County Commissioners St. Lucie County Civic Center 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Board Member: For our students, graduation is a momentous occasion that they want to share with family and friends. Having the 2006 Graduation Ceremonies at the Adams Arena allowed students to share their happiness with several family members and friends. Thus we ask that you again please consider this written request to waive the fees for the Adam's Arena for the 2007 Graduation Ceremonies. The School Board would like to again request the total fee for the use of this facility be reduced to $2,000.00. The dat:es' for the 2007 Graduation activities are set for May 1-4 - 19, 200=?:May 16th_ May 18th for the rehearsals and the evening of May 1 ih, 18th, and all day on May 19th for the ceremonies. The School District has already secured the Arena for these dates. I greatly appreciate your consideration of this request. Please contact me at 429-3910 with any questions, concerns, or comments. Sincerely, +( A crt c-'\ I ~.:- .¿-o... y ÙÙ\ '<r Kevin G. Perry Area Assistant Superintendent I' , ~ , , '-! f 9 2CŒ \ts c: Michael J. Lannon, Superintendent Doug Anderson, County Administrator Sherry McCorkle, Fairgrounds Manager, Parks & Recreation Department :"::'I\~, ~:;. .:.;:~':: r:í¡"ip,ì'i,G¡,:,i.. " I-",:,}..\':;;=-:;_;r:~'·I·r ; i;~P,,~~'~:::: :::;::', ~ IlEM NO. CA3 DATE: July 18.2006 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT (X) PRESENTED BY: SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: Request to approve the Agreement for Testing Limited Release of Software with Sungard/HTE. With this testing, St. Lucie County Public Safety will receive a $2,555.00 credit. BACKGROUND: (see attached) FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Agreement for Testing Limited Release with a credit in the amount of $2,555.00 and have the Chairman sign the Agreement. COMMISSION ACTION: o sAnderson Coun\, Administrator XAPPROVED DENIED OTHER: Approved 5-0 Keview and Approvals trlIIãnagement and Budget: R. (,v ß oPurchasing: o Other: o Other: o Finance: Chec copy only, if applicable: Inter-Office Memorandum Department of Public Safety Division of 911 Communications SUBJECT: Board of County Commissioners Jack T Southard, Direct~ Sungard/HTE Agreeme~d Release Test Plan TO: FROM: DATE: July 18, 2006 ***************************************************************** Currently, HTE conducts an annual poll to determine the 10 most popular items to be enhanced. Cad users (one per agency) vote on items from a "wish" list compiled from the agency's requests. The top 10 marked for improvement are sent to development. If those items are completed, the next items are worked on. The testing will last 30 days and St. Lucie County will receive a credit of $2,555.00 for allowing them to use Public Safety's cad system as a testing site. SUNGARD$ ~ HTB INC. Agreement for Testing Limited Release of Software This Agreement for Testing Limited Release of Software (this "Agreement") dated as ofMondav. June 26. 2006, is entered into by and between SunGard HTE Inc. ("SunGard HTE") and EOC - St. Lucie County BOCC ("Customer"), with principal offices at 2300 Virginia Ave. Ft. Pierce 34982. SunGard HTE and Customer, intending to be legally bound, hereby agree as follows: Section 1 GENERAL The "Limited Release Test", as further described herein, will commence on or about 7/17/2006 and will last approximately !hi!!Y.QQ) days. During the Limited Release Test period, Customer shall be entitled to use the Version 5 SunGard HTE Cad 400 software (the "Licensed Program") for test and evaluation purposes only. Upon the successful conclusion of the Limited Release Test, as provided below, and in consideration of Customer's full cooperation and participation during the Limited Release Test period and completion of the SunGard HTE Limited Release Test Plan (the "Limited Release Test Plan"), SunGard HTE shall offer to Customer a one-time credit (the "Limited Release Test Credit") equal to fifteen percent (15%) of SunGard HTE's list price for annual maintenance for each Licensed Program listed on Attachment A for which the Limited Release Test Plan is completed by the Customer and acknowledged by SunGard HTE. The Limited Release Test Credit will be issued to Customer within 30 days of the conclusion of the Limited Release Test. The Limited Release Test Credit may be used in payment for SunGard HTE software license and/or software maintenance fees incurred after the issue date and within twelve months. The existing Software License and Services Agreement between SunGard HTE and Customer will provide the terms under which the general release of the Licensed Program shall be licensed and the terms under which maintenance services will be provided to Customer. Successful conclusion of the Limited Release Test shall be determined by SunGard HTE when the testing and evaluation process is complete and the SunGard HTE Product Manager and SunGard HTE Project Manager have signed off on the completion of the Limited Release Test Plan on the attached "Acknowledgement of Limited Release Test Plan Completion" (Attachment A). Section 2 RESPONSIBILITY OF SUNGARD HTE SunGard HTE shall: 2.1 Furnish one copy of the Licensed Program and one copy of any modifications or additions produced during the Limited Release Test to Customer for testing and evaluation in connection with the Limited Release Test; 2.2 Provide a designated Limited Release version Customer support contact knowledgeable about the Limited Release version of the software to assist Customer with issue analysis and resolution as may reasonably be required in order for Customer to effectively test and evaluate the Licensed Program; Limited Release Agreement with Credit Ver. May 2005 Page 1 of5 2.3 Promptly investigate and attempt to resolve, through commercially reasonable efforts, any problem or error reports concerning the Licensed Program; 2.4 Provide any corrections and/or enhancements to the Licensed Programs; 2.5 Provide a single point of contact and a Limited Release Test and Evaluation Weeldy Status Meeting Schedule to Customer to discuss problems, error reports and recommended modifications or additions during the Limited Release Test; and 2.6 Apply a one-time Limited Release Test Credit within 30 days of the conclusion of the Limited Release Test as described in Section 1. Section 3 RESPONSIBILITIES OF CUSTOMER Customer shall: 3.1 Install the Licensed Program for testing and evaluation; 3.2 Provide a single point of contact for each Licensed Program to be tested; 3.3 Complete the Limited Release Test Plan for Licensed Programs as listed in Attachment A; 3.4 Attend Limited Release Test and Evaluation Weekly Status Meetings; 3.5 Record in writing all problems and any comments regarding the Licensed Program and forward this to SunGard HTE, on a weekly basis or more often as reasonably requested; 3.6 Respond to all inquiries from SunGard HTE pertaining to the performance of the Licensed Program in a timely fashion; 3.7 Install all fixes, releases, and updates to the Licensed Program delivered to Customer; 3.8 Provide to SunGard HTE such further documentation and assistance as may reasonably be required by SunGard HTE to perform the Limited Release Test; and 3.9 Use the Licensed Program only as authorized herein, and instruct its employees having access to the Licensed Program to act in conformity with Customer's obligation under this Agreement. Section 4 OPERATING PROCEDURES; RESERVATIONS 4.1 SunGard HTE will provide assistance to Customer for implementation and installation based on plans and timetables established for purposes of the Limited Release Test. However, Customer shall be responsible for the management, internal control, and implementation of the Limited Release Test, including acquiring adequate computer hardware, ensuring proper machine configuration and program installation, and assigning suitable personnel to the project. SunGard HTE recommends as part of the implementation of the Licensed Program that Customer operate the Licensed Program in parallel with Customer's existing systems and procedures until SunGard HTE has informed Customer in writing that Customer is in possession of a final, fully tested and licensable version of the Licensed Program that has been fully installed and is operational. 4.2 Because the Licensed Program may contain defects, Customer is responsible for establishing backup, log, review, and other procedures and controls appropriate to maintain the integrity and continuity of Customer's operations. 4.3 Except as otherwise expressly provided herein, SunGard HTE is under no obligation to make any changes or modifications to the Licensed Program suggested by Customer. SunGard HTE reserves the right, with or without prior notice, to discontinue work on the Licensed Program or to revise the Licensed Program so it provides different features and functions or features and functions in different combinations. . Limited Release Agreement with Credit V er. May 2005 Page 2 of5 Section 5 WARRANTIES AND LIMITATION OF LIABILITY SunGard HTE and Customer agree that the terms and conditions covering Licensed Program warranties, remedies, and limitation of liability that apply to Customer's currently licensed version of the Licensed Program (which terms and conditions are found in the existing Software License and Services Agreement between SunGard HTE and Customer) shall apply to the Licensed Program included in the Limited Release Test during the Limited Release Test period. Section 6 OWNERSHIP AND CONFIDENTIALITY 6.1 SunGard HTE shall have sole and exclusive ownership of all right, title, and interest in and to the Licensed Program and any additions or modifications thereto arising during the Limited Release Test or as a result of any other collaboration between SunGard HTE and Customer (including their respective personnel), all media and documentation relating to the Licensed Program and such additions or modifications, and all intellectual property rights associated therewith (including, without limitation, rights to copyrights, trade secrets, or know-how). Upon SunGard HTE's request, Customer agrees to execute such further instruments and take such further action as SunGard HTE may reasonably request to effect ownership of any such modifications. 6.2 Customer agrees to maintain in confidence the Licensed Program and all media and documentation that relate to the design, development, operation, testing, or use ofthe Licensed Program or any additions or modifications thereto. Customer agrees to use the same security measures as it uses to protect its own confidential information, provided that such measures shall be at least commercially reasonable for such purpose. Customer further agrees not to disclose such information to anyone other than those of its employees, and such contractors as SunGard HTE may approve, under nondisclosure obligations, who have a need to know such information in connection with the Limited Release Test. Upon completion of the Limited Release Test, unless Customer and SunGard HTE enter into a further signed, written license agreement for the extended use of the Licensed Program, Customer agrees to return all media and documentation containing such information, and Customer further agrees to certify its compliance with such obligation if requested by SunGard HTE. The foregoing confidentiality obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on SunGard HTE's information, or approved for release by SunGard HTE without restriction. 6.3 SunGard HTE shall have and may cumulatively exercise all rights as it might have at law or in equity for the protection of software and documentation, including an injunction enjoining the breach or threatened breach of this Section. Section 7 TERMINATION 7.1 Either party may terminate the Limited Release Test and this Agreement at anytime. 7.2 Upon expiration or termination of the Limited Release Test for any reason, provided that Customer has not entered into a modification to its Software License and Services Agreement with SunGard HTE for the ongoing use of the Licensed Program, Customer shall immediately return all copies of the Licensed Program, the Licensed Program documentation, and any media and documentation that relate to the design, development, operation, testing, or use of the Licensed Program or any additions or Limited Release Agreement with Credit Ver. May 2005 Page 3 of 5 modifications thereto. Customer agrees to certify its compliance with the foregoing promptly upon SunGard HTE's request. Section 8 MISCELLANEOUS 8.1 The provisions of Sections 5 and 6 shall survive termination of this Agreement. 8.2 Customer shall not assign this Agreement without the prior written consent of SunGard HTE. 8.3 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard for principles of choice of law. 8.4 This Agreement constitutes the complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof, and supersedes all prior oral and written proposals, representations, or other communication related to the subject matter hereof, except for those sections of the existing Software License and Services Agreement between the parties that are expressly referenced in Section 5 hereof Except as provided in this paragraph, the Licensed Program and the actions and commitments ofSunGard HTE with respect thereto shall not be construed as being directly or indirectly covered by or subject to any other agreement between Customer and SunGard HTE. IN WITNESS WHEREOF, the undersigned parties have caused their authorized representatives to execute and deliver this Agreement effective the date and year first above written. Accepted: CUSTOMER Accepted: SUNGARD HTE INC. 1000 Business Center Dr. Lake MaryFL, 32746 By: By: Name, Title Name, Title Date Date Limited Release Agreement with Credit Ver. May 2005 Page 4 of5 ... ATTACHMENT A - ACKNOWLEDGEMENT OF LIMITED RELEASE TEST PLAN COMPLETION SunGard HTE Licensed Software Proeram to be Tested Limited Release Test Credit Amount Acknowledeement of Limited Release Test Plan Completion 11. Version 5 Cad 400 $2555.00 SunGard HTE Product Manager SunGard HTE Proiect Manager 2. $0.00 SunGard HTE Product Manager SunGard HTE Proiect Manager Limited Release Agreement with Credit Ver. May 2005 Page 5 of5 \,. AGENDA REQUEST ITEM NO. .Lß.4 DATE: July .]g', 2006 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Stewart Mining Industries, Inc., Florida Resources, L.L.C. - Escrow Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Escrow Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: Approved 5-0 ouglas Anderson County Administrator ~-x. APPROVED [ ] DENIED [ ] OTHER: County Attorney: !]x/ 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.: 06-1109 DATE: July 11/ 2006 SUBJECT: Stewart Mining Industries, Inc., Florida Resources, L.L.C. - Escrow Agreement AAAAAAAAAAAA**************************AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA BACKGROUND: On April 19 ,2006/ the Board issued a mining permit to Florida Resources, L.L.C. to mine non-metallic materials from certain property located in St. Lucie County. A condition of the Permit required Florida Resources to post a guarantee in the amount of one hundred five thousand four hundred sixty-five and 54/100 ($105,465.54) dollars to guarantee the performance of certain water control and reclamation measures as required by the Land Development Code and the regulation of the Florida Department of Environmental Protection. Attached to this memorandum is a draft Escrow Agreement and Clean Irrevocable Letter of Credit. The Agreement and Letter of Credit have been reviewed by Engineering staff and the County Attorney and have been approved as to form. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Escrow Agreement and authorize the Chairman to sign the Agreement. Daniel S. McIntyr County Attorne D SM/ caf Attachments ~. ESCROW AGREEMENT THIS ESCROW AGREEMENT made and entered into this day of , 2006 by and between STEWART MINING INDUSTRIES, INC., a Florida corporation, hereinafter referred to as "Miner"; FLORIDA RESOURCES, L.L.C., a Florida corporation, hereinafter referred to as "Owner"; ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County"; and SEACOAST NATIONAL BANK, hereinafter referred to as "Escrow Agent". WITNESSETH WHEREAS, a mining pennit was issued to Owner by the County on April 19, 2006 to mine non-metallic materials from certain property located in St. Lucie County, a copy of which is attached hereto and incorporated as Exhibit "A", hereinafter referred to as the "Pennit"; and, WHEREAS, on April 19, 2006, the Board of County Commissioners adopted a resolution, which granted a conditional use pennit for the Florida Resources, L.L.c. mine; and, WHEREAS, the Owner has retained the Miner to conduct the mining operation authorized by the Pennit; and, WHEREAS, the Miner desires to commence work as described in the approved mining plan prepared by Land Mining Group, Inc. and incorporated herein by reference; and, WHEREAS, as a condition of the Pennit, the Owner is required to post a guarantee in the amount of one hundred five thousand four hundred sixty-five dollars and 54/100 ($105,465.54) to guarantee the perfonnance of certain water control and reclamation measures as required by the Saint Lucie County Land Development Code and the regulation of the Florida Department of Environmental Protection; and, WHEREAS, on behalf of the Owner, the Miner desires to obtain a certificate of deposit in the amount of one hundred five thousand four hundred sixty-five dollars and 541100 ($105,465.54) from the Escrow Agent to be held by it to guarantee for the Miner's obligations of the mining operation; and, WHEREAS, the County is willing to accept said certificate of deposit as a guarantee for the Owner's obligations under the pennit. NOW, THEREFORE, in consideration of the agreement, premises and covenants set forth, herein and other good and valuable consideration, the parties agree as follows: 1. The Miner shall deliver to the Escrow Agent a certificate of deposit issued by Seacoast National Bank in the amount one hundred five thousand four hundred sixty-five dollars and 541100 ($105,465.54) for the mining operation under the Pennit. Upon such deposit, the Escrow Agent shall issue an escrow receipt which shall be delivered to the St. Lucie County Attorney. During the tenn of this Escrow Agreement, the Miner shall maintain this certificate of , deposit with Seacoast National Bank and, when the certificate of deposit matures, the Miner may renew it with Seacoast National Bank for as long as this Escrow Agreement is in force and effect. In the event that the Miner chooses not to renew the certificate of deposit with Seacoast National Bank, the Miner shall so notify the Escrow Agent and the County sixty (60) days prior to the maturity date of the certificate of deposit, and this Escrow Agreement shall terminate as of the maturity date. The Owner's obligation to provide sufficient security in accordance with the mining permit shall survive early termination of this Escrow Agreement. 2. Upon receipt of written certification from the St. Lucie County Engineer that the Miner has fully observed and complied with all water control and land reclamation requirements under the mining permit as set forth in the approved mining and reclamation plan, the Escrow Agent shall release the one hundred five thousand four hundred sixty-five dollars and 54/100 ($105,465.54) certification of deposit to the Miner and said certificate of deposit shall be released in full from the terms of this Escrow Agreement. 3. The Escrow Agent shall not be responsible or liable in any manner whatsoever for the sufficiency or correctness as to form, manner or execution or validity of any instrument or written instruction delivered to the Escrow Agent nor as to the identity, authority or rights of any person executing the same. Furthermore, the Escrow Agent undertakes to perform only such duties as are expressly set forth herein and no implied duties or obligations shall be read into this Escrow Agreement against the Escrow Agent. 4. If any time, the County notifies the Miner that it is in default under the terms and conditions of the Permit, the County shall provide the Owner and the Escrow Agent with copies of such notice of default. The Owner may, at its option, cure such default within the period for cure set forth in the notice of default. In the event that the default is not cured within the period set forth in the notice of default, the County shall instruct the Escrow Agent in writing to redeem the certificate of deposit, deliver the amount required to cure the default to the County, and place the remaining funds in an interest bearing account in the name of the Owner which funds shall be governed by the terms of this Agreement. 5. The Miner hereby agrees to indemnify and hold harmless the Escrow Agent from any and all claims, demands, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expenses, fees, or charges of any character or nature, which the Escrow Agent may incur with which it may be threatened by reason of action as escrow agent under this Escrow Agreement, including reasonable attorneys fees and the costs of defending any action, suit or proceeding hereunder except for those resulting from Escrow Agent's gross negligence or intentional wrongdoing. The Escrow Agent shall have the right to interplead with the Circuit Court in and for St. Lucie County, Florida, all or any portion of the funds, documents and instruments received under this Escrow Agreement in the even of any dispute concerning the subject funds, documents or instruments. 6. All notices or other communication hereunder shall be in writing and shall be deemed duly give if delivered in person or sent by certified mail, return receipt requested, and addresses as follows: i If to Miner: Stewart Mining Industries, Inc. Post Office Box 4332 Fort Pierce,FL 34938 If to Owner: Florida Resources, L.L.C. 13939 Indrio Road Fort Pierce, FL 34945 If to County: With a copy to: County Administrator Administrative Annex, Rm. 300 2300 Virginia Avenue Fort Pierce, FL 34982 County Attorney Administrative Annex, Rm. 306 2300 Virginia Avenue Fort Pierce, FL 34982 If to Escrow Agent: With a copy to: Seacoast National Bank Post Office Box 9012 Stuart, FL 34994 Lawrence E. Crary, III, Esq. Crary, Buchanan, Bowdish, Bovie Lord, Roby & Evans, Chartered Post Office Box 24 Stuart, FL 34995-0024 7. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have caused this Agreement to made and entered into the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN ATTEST: :z/ ---z: SECRETARY ~ ATTEST: ~ ~----- SECRETARY WITNESSES: APPROVED AS TO FORM AND CORRECTINESS: BY: STEWART MINING INDUSTRIES, INC. BY:~~ PRESIDENT -' (SEAL) FLORIDA RESOURCES, L.L.c. BY: ~¿;: ~ PRESIDENT (SEAL) SEACOAST NATIONAL BANK BY: \'<\'^~?;;~) NAME: \~\~~L\\l ~.~\Ç\s. TITLE: \J \ ~,.l ~~\~\- Se(fl..coast NATITONAL BANK June 28, 2006 St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL CLEAN IRREVOCABLE LETTER OF CREDIT Re: Our Clean Irrevocable Letter of Credit No. 2006-18 Securing Escrow Agreement for the mining of non-metallic materials under pennit. Gentlemen: We hereby open our irrevocable standby letter of credit in your favor, for the account of Stewart Mining Industries, Inc., in the aggregate ofUSD $105,465.54 United States Dollars available by payment of your draft(s) at sight drawn on ourselves when accompanied by the following documents: A resolution from the Board of Commissioners of St. Lucie County, Florida certifying that Stewart Mining Industries, Inc., is in default under the tenns ofthe Escrow Agreement between Stewart Mining Industries, Inc., Florida Resources, L.L.C., and St. Lucie County, Florida and that the amount of the draft represents the amount required by St. Lucie County for completion ofthe obligations with regards to the mining operations as set forth in said Escrow Agreement. If at any time before one (1) year from the date of final acceptance of the work, defects therein shall be found, the Developer shall promptly correct such defects in accordance with the approved plans. If at any time, the County notifies the Miner that it is in default under the tenns and conditions for the mining of non-metallic material under the Pennit, the County shall provide the Bank with copies of such notice of default. The Owner may, at its option, cure such default within the period for cure set forth in the notice of default. In the event the default is not cured within the period set forth in the notice of default, the County shall instruct the Bank in writing to redeem the Certificate of Deposit. Bank will deliver the amount required to cure the default to the County, up to the amount of$105,465.54, and place any remaining funds in an interest bearing account in the name of the Miner which funds shall be governed by the tenns of the agreement. His a condition of the Letter of Credit that it shall be deemed automatically extended without amendment for one year from the present or any future expiration date hereof, unless forty-five (45) days prior to any such date we shall notify you in writing by certified mail at the above listed address that we elect not to consider this Letter of Credit ~IEM JI\R FDIC PO. Box 9048, Port St. Lucie, Florida 34985-9048 772.465.4000 · 772.569.4000 ßt LENDER renewed for any such additional period. Upon receipt by you of such notice, you may draw hereunder by means of your drafts on us at sight accompanied by your letter stating that the proceeds of your draft(s) will be retained and used by you, and that in the event your liability under your bond(s) is satisfied, you will refund to us the amount paid, less any amount which may have been paid by you in the meantime under your bond(s) any unpaid premium due you. Draft(s) drawn under this credit must state on their face "drawn under Seacoast National Bank irrevocable standby letter of credit #2006-18 dated June 28, 2006. We hereby agree with you that draft(s) drawn under and in compliance with the terms and conditions of this credit shall be duly honored if presented together with document(s) as specified and the original of the credit, at our office located at 815 Colorado Avenue, Stuart, Florida on or before June 28,2007. Except as otherwise expressly stated herein, this letter of credit is subject to the uniform customs and practice for documentary credit, established by the International Chamber of Commerce, as in effect on the date of issuance of this credit. Seacoast National Bank BYt\Y\~~ ~ Michelle S. Sias, Vice President State of Florida County of St. Lucie I HEREBY CERTIFY that on this day, before me personally appeared Michelle S. Sias, Vice President of Seacoast National Bank, the banking institution, and that they acknowledge executing the same as such officers of such banking institution freely and voluntarily under authority duly vested in her, and the seal affixed thereto is the true corporate seal of said corporation. She is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid thisd(S Day of~0",~ , 2006. - - (Stamp) ~s;:,¿~~ C:\>w~ Notary Púþl1 " AUSTW NaeIIy NJIc . SIIII d FIoItdI ComINIIIon ExpinIs May 19. 2009 CcImmIIsIon , DO 431306 8aIIdId e, NeIionII NoIIry.. . --, . To: Submitted By: SUBJECT: . BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: Agenda Request Item Number: Meeting Date: - CA" Ò 07/18/06 Consent Regular Public Hearing Leg. [ ] [XX] [ ] [ ] Quasi-JD [ Board of County Commissioners Growth Management Department Presented By ß,/- ~~ Growth Manag ment Director Request approval to a grant for $18,515 to St. Lucie Fire District to cover EMS Services at the Fairgrounds during the National Bikers Roundup from August 1 through August 6, 2006. The 29th Annual National Bikers Roundup is scheduled at the Fairgrounds from August 1 st through August 6th. It is estimated that 40,000 bikers will be attending this event daily. The bikers have agreed to cover the cost of a nurse at the Fairgrounds, however the Fire District feels it is necessary to station one rescue truck, one brush truck and one Toro unit at the Fairgrounds during the event. Most of the hotels will be full from Indian River County to Palm Beach County, so the financial impact for the community is huge. In addition, the bikers are collecting food and contributing to a scholarship fund. The cost from the Fire District is $18,515 to provide a safer environment for the bikers. The TDC met on July 1ih, but did not have a quorum to vote on the grant. Number of the TDC that were in attendance supported the grant. The Tourism Department has requested funding from Martin and Indian River Tourism Departments, but we are still waiting a response. The funding will come from the Tourism Grant Account 611-5210-100- 582000 for up to $10,515 and $8,000 from Account 001-5210-599300- 7132. This is the first Board Action. Staff recommends that the Board approve the funding of the St. Lucie Fire District to provide EMS Services during the National Bikers Roundup from August 1st to August 6th at a maximum cost of $18,515 and grant permission for the Chairman to sign the Contracts and/or Work Authorization as prepared by the County Attorney. CONCURRENCE: ". 'c=J OTHER --.-..----...--- ._- --- --- IrIi- County Attorney I<Mf Finance.: Environ. Resources; Approved 5-0 ouglas M. Anderson County Administrator Coordinationl Signatures Mgt. & Budget: ~ Purchasing: Fire Dept: Public Works: Utility: Other: ·\c' \ " ,. -----... ' GROWTH MANAGEMENT DEPARTMENT Tourism & Economic Development Division MEMORANDUM TO: July 18, 2006 FROM: Board of County Commissioners DATE: July 18, 2006 SUBJECT: Request approval to a grant for $18,515 to St. Lucie Fire District to cover EMS Services at the Fairgrounds during the National Bikers Roundup from August 1 through August 6, 2006 The 29th Annual National Bikers Roundup is scheduled at the Fairgrounds from August 1st through August 6th. It is estimated that 40,000 bikers will be attending this event daily. The bikers have agreed to cover the cost of a nurse at the Fairgrounds, however the Fire District feels it is necessary to station one rescue truck, one brush truck and one Toro unit at the Fairgrounds during the event. Most of the hotels will be full from Indian River County to Palm Beach County, so the financial impact for the community is huge. In addition, the bikers are collecting food and contributing to a scholarship fund. The cost from the Fire District is $18,515 to provide a safer environment for the bikers. The TDC met on July 12th, but did not have a quorum to vote on the grant. Number of the TDC that were in attendance supported the grant. The Tourism Department has requested funding from Martin and Indian River Tourism Departments, but we are still waiting a response The funding will come from the Tourism Grant Account 611-5210-100-582000 for up to $10,515 and $8,000 from Account 001-5210-599300-7132. This is the first Board Action. Staff recommends that the Board approve the funding of the St. Lucie Fire District to provide EMS Services during the National Bikers Roundup from August 1st to August 6th at a maximum cost of $18,515 and grant permission for the Chairman to sign the Contracts and/or Work Authorization as prepared by the County Attorney. sr --~ ,--- - .-,----_.._- ,---..---- FIRE/EMS SERVICES AGREEMENT THIS FIREIEMS SERVICES AGREEMENT ("Agreement") is made and entered into this _ day of , 2006, by and between THE FLORIDA ROUNDUP COMMITTEE, P.O. Box 1159, Land 0' Lakes, FL. 34639 (hereinafter referred to as "Company,") and the ST. LUCIE COUNTY FIRE DISTRICT, a State of Florida independent special taxing district, (hereinafter referred to as "District"). NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto hereby agree as follows: 1. Company intends to host the 29th Annual National Bikers Roundup, which will include a motorcycle/camping rally ("Rally") at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce, FL. 34945 ("Subject Premises"), during the period of August 1, 2006, commencing at 6:00 am, through August 6, 2006, terminatìng at 2:00 pm. 2. In consideration of the full performance by Company of the terms and conditions set forth below, District hereby agrees to provide the services of Firefighters and EMT/Paramedics, plus necessary equipment, which shall include 1 rescue truck, 1 brush truck, and 1 Toro unit, to remain on the Subject Premises during portions of every day of the Rally, which schedule is described in Exhibit "A," attached hereto and incorporated herein by this reference, for the purposes of performing necessary fire prevention and emergency medical services. 3. Company shall pay District the sums set forth in Exhibit "A." It is currently estimated that Company will need the services of District's personnel and equipment for a total of 122 hours. As a result, Company shall pay District the estimated ~___.__________.,____m___'___ __ .------ 1 t fee amount of$ 18,515.00 on or before the first day of said Rally. If, at the end of the Rally, the actual hours spent working on the Rally by the District's personnel exceed the above-stated estimate, Company shall pay District any additional sums owed at the same rate set forth in Exhibit "A." If, for any reason, the Rally does not last as long as estimated above, District shall be entitled to retain said estimated fee. 4. . Company and District mutually agree to comply with all applicable federal, state and municipal laws and regulations. District employees shall be dismissed from the assignment and barred from future assignment under this Agreement for breaches of District Code of Conduct, or rules established by the District while working under the assignment. 5. Company shall be responsible for obtaining any and all necessary governmental permits and approvals required for any activity under this Agreement. 6. Company shall not, in the use or occupation of the Subject Premises, and in the conduct of Company's activities, discriminate against any worker, employee, participant, or any member of the public, because of race, creed, color, religion, age, sex, or national origin, nor otherwise commit a discriminatory practice. 7. District shall not be liable for any damage claims arising from injury to persons or property from any cause relating to the use or occupancy of the Subject Premises by Company during the term of this Agreement. 8. Except for potential negligence on the part of District's employees, Company shall indemnify District from all liability, loss, or other damage claims or obligations resulting from any injuries or losses and further from any claims that may arise under the activities contemplated hereunder. __...,,______. ___ '. n___'·'____ 2 9. This Agreement shall be governed by the laws of the State of Florida. The proper jurisdiction and venue to enforce any provision hereunder shall be the Circuit Court ofthe 19th Judicial Circuit in and for St. Lucie County, Florida. 10. Any and all remedies provided to Company or District for the enforcement of the provisions of this Agreement are cumulative and non-exclusive, and Company or District shall be entitled to pursue either the rights enumerated in this Agreement or remedies authorized by law or both. The prevailing party shall be entitled to any costs or expenses, induding reasonable attorney's fees, incurred in enforcing any terms of this Agreement or in pursuing any legal action for the enforcement or protection of either party's rights. IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year first above written. ATTEST: ST. LUCIE COUNTY FIRE DISTRICT By: Frannie Hutchinson, Chair Gary Perdew, Clerk Treasurer FLORIDA ROUNDUP COMMITTEE By: WITNESS: Kevin Perry 3 Motorcycle Round-Up St. Lucie County Fairgrounds August 1st_6th, 2006 Opens 6 AM August 15\ 2006 Closes 2 PM August 6th, 2006 Equipment / Personnel rates: 1 Personnel $25.00/hr 1 Toro unit $21.50/hr 1 Rescue truck$32.00/hr 1 Brush truck $56.00/hr Covera2e Costs: Tuesday (8-1-06): 06:00-08:00 (26hrs) 2 personnel, 1 Toro unit ($50.00 + $21.50) X 26 = $1,859.00 Wednesday (8-2-06): 08:00-08:00 (24hrs) 2 personnel, 1 Taro unit ($50.00 + $21.50) X 24 = $1,716.00 Thursday (8-3-06): 08:00-08:00 (24hrs) 4 personnel, 1 Taro unit, 1 Rescue Truck ($100.00 + $21.50 + $32.00) X 24 = $3,684.00 Friday (8-4-06): 08:00-08:00 (24hrs) 5 personnel, 1 Toro unit, 1 Rescue Truck, 1 Brush unit ($125.00 + $21.50 + $32.00 + $56.00) X 24 = $5,628.00 Saturday (8-5-06): 08:00-08:00 (24hrs) 5 personnel, 1 Toro unit, 1 Rescue Truck, 1 Brush unit ($125.00 + $21.50 + $32.00 + $56.00) X 24 = $5,628.00 Total Cost Estimate: $ 18,515.00 -- -- - .---_.,,--~,----~._----_._.._-_._----_.._----- --,.,------------ ____,_______ __ _________n__."__ GROWTH MANAGEMENT BOCC AGENDA ITEM TRANS MITT AL COVER SHEET DiviSionG--J~LJ(1 4 /}Z? I- BOCCDate: 11.í 16¿ I / Prepared By: MÆA¡ H./'ld nLJ :sk:!-- Date Sent to Manager: ~' e.e.. . . / Division Manager Review Date: tI~ ¿ Division Manager Sign-oIT Date: ~, Attachment(s): Yes / No Growth Management Director Review & Sign Off Date: 15 o-J2 #-:::1- . ____0- _~.__.___._________..__.__..___. .... AGENDA REQUEST ITEM NO. CA6 DATE: July 18, 2006 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] SUBJECT: Recreation Advisory Board - Commissioner H· tc nson has requested that Brad Keen be reappointed to the Recreation Advisory Board as her appointee for a second term. TO: SUBMITTED BY (DEPT): Board of County Commissioners Administration BACKGROUND: NIA FUNDS AVAILABLE: NIA PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends that the Board ratify Commissioner Hutchinson's reappointment of Brad Keen to the Recreation Advisory Board for a second term. Approved 5-0 CONCURRIZfitCE: /~ Douglas M. Anderson County Administrator COMMISSION ACTION: XAPPROVED 0 DENIED o OTHER: Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 AGENDA REQUEST ITEM NO. CA7 DATE: July 18,2006 REGULAR D PUBLIC HEARING D CONSENT [X] SUBMITTED BY (DEPT): Administration Douglas M Anderson County Administrator TO: Board of County Commissioners SUBJECT: Contractor Licensing Board - Commissioner Coward has requested that Carol Hughes be reappointed to the Contractor Licensing Board as his appointee for a second term. BACKGROUND: N/A FUNDS AVAILABLE: NIA PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board ratify Commissioner Coward's reappointment of Carol Hughes to the Contractors Licensing Board for a second term. COMMISSION ACTION: XAPPROVED 0 DENIED o OTHER: Approved 5-0 Douglas . Anderson County Administrator Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 AGENDA REQUEST ITEM NO. CAS DATE: July 18,2006 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] SUBJECT: Recreation Advisory Board - Commissioner Le IS has requested that Curt Holden be reappointed to the Recreation Advisory Board as her appointee for a second term. TO: Board of County Commissioners SUBMITTED BY (DEPT): Administration BACKGROUND: NIA FUNDS AVAILABLE: NIA PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board ratify Commissioner Lewis's reappointment of Curt Holden to the Recreation Advisory Board for a second term. APproved 5-0 COMMISSION ACTION: )CO APPROVED 0 DENIED o OTHER: Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 - AGENDA REQUEST ITEM No...ßM Date: July 18, id06 TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY {DEPT}: PUBLIC WORKS - EROSION 3710 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: \J" (~ } i \f--'--c:K....v{ \Þt-"'u.£/(l...l'1.(:i Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Spur Jetty Damage Repair: Bid (#06-056) Award. BACKGROUND: The spur jetty is located on the south side of Ft. Pierce Inlet's south jetty approximately 400 feet from the eastern terminus. The 200-foot spur jetty was constructed in 1997 to help minimize sand loss around the inlet and provide stability to the immediate shoreline. The external armoring stone of the spur jetty is designed to withstand fairly substantial wave energy. However, the top surface is vulnerable to damage from high wave energy as was evident by the damage caused by Hurricane Floyd in 1999. FEMA acknowledged the surface damage by this declared emergency and reimbursed the County for a large portion of the repair costs. Similar damages resulted to the spur jetty from Hurricanes Frances and Jeanne. Significant damages to the main south jetty was recently repaired by the Corps and the City of Fort Pierce making it possible to access the spur jetty for repair work. On March 14, 2006 the Board granted approval to advertise for bids to repair the storm damage caused to the spur jetty. On April 11, 2006, the Board approved a scope of services with Coastal Technology for the design and construction oversight to repair the damaged spur jetty. Plans and specs were completed and the project was put out to bid on June 4, 2006. Based upon our review of the construction bids that were opened by the Purchasing Department on July 3,2006 (see attached bid tab), we recommend award of a contract to the apparent low bidder, Sunshine Land Design, Inc., in the amount of $267,906.6~. FUNDS: This project will be funded through the FEMA reimbursement program and the Erosion District. The original FEMA project worksheet identified a cost of $121 ,600 to repair the spur jetty damage. The Erosion District's consultant, Coastal Tech, recommends repairing the damaged spur jetty similar to the repair work performed on the main jetty by the U.S. Army Corps of Engineers and the City of Fort Pierce. The Erosion District will front the additional repair cost with the possibility of reimbursement by FEMA. Total project budget is $297,207. Funds will be made available in the following accounts: Constructíon--$267,907: FEMAlEROSION: 184-3710-546300-190026 Testing------------$2,500: FEMAlEROSION: 184-3710-531000-190026 Contingency----$26,800: EROSION: 184-3710-546300-190026 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Erosion District Board 1) approve the total project budget in the amount of $297,207 and 2) award a construction contract to the apparent low bidder, Sunshine Land Design, Inc., in the amount of $267,906.64, and execution of said contract by the Chairperson. COMMISSION ACTION: ¥APPROVED C] OTHER: [ ] DENIED -" Approved 5-0 ~x]County Attorney ¡'tìl S [x]Originating Dept. Public Works I2I-1b ~.... ~þ coordination~~ [,)M,t. & B"',,, i~ [,]F'",., Coo",'",'o, ¡;" ~ [ ]Erosion District . [x]Purchasing Department \ ~ (,2 t PURCHASING DEPARTMENT MEMORANDUM FROM: Richard Bouchard, Erosion District Manager Desiree Cimino, Interim Director <~:::~~- TO: DATE: July 3, 2006 RE: Bid #06-056 - Spur Jetty Damage Repair Enclosed are copies of the Tab Sheet and submittals for subject Bid. If we can be of any further assistance, please do not hesitate to contact me at extension 1700. 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(") CO oq- fh o q o It) N. CO fh o q o N ~ CO fh o q CX) 0) CX) ri CX) (") fh o q o N CX) cD fh o q o o It). (") fh o o o o ~ (") fh o q o It) (") LÖ fh o q o It) (") 16 fh o q o o ..... Ñ ..... fh o o o o ..... Ñ ..... fh +:> ::::J o If) >-0) ~.s e: ~ o 113 .- .... t)CI È"E If) 0 e: ° o Q) Ua:: o o I() ,.... 0). o N (") fh o o o N 0) 16 CX) N fh oq- CO cD o 0) r-: CO N fh ,....0)1t) ..... ..... o ..... CI CO w en <í CO "0 Q) - ::::J .c 'C ilii !Ei:S Õ~"O Z e: Q) Q) > If) E '-Q) .~ e: ::J ° 113°02 a. ..... E CI If) 0:2:2 UCOa1 .... .... .... 000 .... .... .... Q) Q) Q) .c.c.c E E E ::J ::J ::::J zzz Pa From: To: Date: Subject: Millie A Delgado Stiadle, Missy 7/12/20068:33 am last night's meeting just as an FYI last night's meeting minutes will not be ready by this coming Tuesday. I'll advise as soon as they are done. thanks. Page 1 of3 Millie A Delgado - Re: Fwd: Commissioners Meeting Minutes ruT 'if r ,,~[li_-_]f!itl i From: To: Date: Subject: CC: Dennis Grim Wazny , Raymond 7/6/20064:07 PM Re: Fwd: Commissioners Meeting Minutes McIntyre, Daniel; Smith, Katherine Was this a scribner's error? I was not there for the fir lit presented tfm ) -/h . ~ »> Raymond Wazny 7/6/2006 2:49:30 PM »> ,J({ en ( ,Ii ¡¿ fY\; 1\(.( t"s . d n Dennis, would you please handle this. rl,,-: '£).~ fo (rr~ f ct- ! »> Daniel McIntyre 7/6/2006 2:44:16 PM »> Cr. \ b~c 's D é:c /1 A . L.rrl)ý5. t&:! þ. C' s > > > "Nancy Brewer" < nbrewer42(éì)earthlink.ne' I just read the minutes from the June 13th Con June 6th Meeting Minutes were approved without any COII\"~_ toy's last name and the other stating that as of January 1 2007 the Administrallv\., . ¡nd not $500.00 as shown in the minutes. We have a person in Spanish Lakes tell us that after JQ. .-- . ~ will be $500 and tried to tell him it was going to be $50. He stated he read the minutes and they indicatea (he fee would be $500.00. Needless to say we could not convince him so now people are thinking the fee is going to be $500.00. You know how fast rumors start around a community. Is there anyway something can be done to resolve this problem and also correct Roy's last name? Thank you, Nancy Brewer Spanish Lakes One HOA Secretary ----- Original Message ----- From: Nancy Brewer To: Frannie Hutchinson Sent: Wednesday, June 14, 2006 12:23 PM Subject: Fw: Commissioners Meeting Minutes Frannie - I sent Dennis this email but decided you should be aware of what is said in your meeting minutes. From the way I read it starting in Jan. 1, 2007 the fee will be $500.00 - nothing mentioned about the $50.00. Also included is reply to me. Thanks, Nancy ----- Original Message ----- From: Dennis Grim To: Nancy Brewer Sent: Wednesday, June 14, 20069:45 AM Subject: Re: Commissioners Meeting Minutes file:IIC: \Documents%20and%20Settings\Administrator\Local %20Settings\ T emp\G W} 000... 7/10/2006 QA GROWTH MANAGEMENT Director MEMORANDUM TO: Board of County Commissioners FROM: Bob Ni~ AICP, Director of Growtry Management !Jvr/ /'j/'-rC DATE: Jully 17, 2006 SUBJECT: Island Club Review Status February 21, 2006: Reserve DRI found not in compliance with its development order Pursuant to Sec. 380.06 no development can be authorized until the DRI is in compliance with its development order. March 20, 2006: April 5, 2006: April 18, 2006: May 11,2006: June 20,2006 June 26, 2006: July 5, 2006: Kolter Properties representatives make first proposal to county staff to resolve DRI compliance issues, see attached memorandum to Board. Kolter Properties sends letter to Michael Busha, Executive Director, Treasure Coast Regional Planning Council, showing "open playing field and overflow parking" on a proposed revision of the Island Club site plan. Conference call: County staff and attorney with DCA staff and attorney about how to permit the Island Club and still comply with statutory requirements. Potential solution to incorporate one of the required two acre free play areas into the Island Club design so it contributes to the solution of one of the compliance issues. See attached e-mail/letter. Second communication from Scott Morton of Kolter to Michael Busha, Treasure Coast RPC, showing both the proposed "open play area" and its acreage. Thursday, June 20, the Department of Growth Management received a set of plans for the Island Club, but no instructions or information as to what they contained or what issues they addressed. Staff reviewed the plans, and determined that they were a sufficiently complete submittal to be circulated for review (a Land Development Code requirement). Island Club plans circulated to review staff: Interdepartmental development review staff meeting, Island Club revisions reviewed. Development Review Committee scheduled to meet with applicant on July 12. September 25,2001 Page 2 July 12, 2006: July 14, 2006: Subject: Additional Ground Signs - Steve Barnett Automobile Dealership Applicant's representative informed staff that he was out of state, and would not be able to attend the July 12 DRC meeting. Revised Island Club plans submitted to Growth Management Department, removing the "overflow parking" designation from the free play area on the site. The requested property restrictions on the free play area were never submitted as part of the Island Club application, staff decided to make the deed restrictions for the free play area a condition of approval. ~~ v~"-~~ V-,,¥ V Thomas Lucido & Associates. P .A. LAND PL.ANNING/LANDSCAPE ARCHITECTURE transmittal DATE: JULY 14, 2006 -?~L, TO: HANK FL.ORES Gr;¡OWTH MANAGEMENT DEPARTMENT ST. LUCIE COUNTY FROM: GREGOR~OC;GS;-AS~ --~ ....... "./" .. RE: // ISL.AND C"L.UB -PARCEL. 34 PRO.JECT #:DUR 8763 PGA VIL.L.AGE COMMENTS: HANK, ENCL.OSED PL.EASE FIND THE FOL.LOWING FOR YOUR REVIEW. · 24 24X36" COPIES OF FINAL. DEVEL.OPMENT PLANS · 24 24X36" COPIES OF LANDSCAPE PL.ANS · 24 24X36" COPIES OF ARCHITECTURAL. EL.EVATIONS THANK YOU FOR YOUR ASSISTANCE IN THIS MATTER. ;' ..,; .,J> P:\PRCoJECTS\876 3\WDD"C\TRANSMITTALHANICC7. 1 4.C6.DDC 100 AVENUE A, SUITE 2A - FORT PIERCE, FL.ORIDA 34950 TEL.: 772-467-1301 - FAX: 772-467-1303 L.PYE@LUCIDODESIGN.COM 1 ¡~¡ld C'. · liCl o~;S(.assoclates June 20, 2006 Mr. Hank Flores Planning Manager St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: THE ISLAND CLUB - FINAL DEVELOPMENT PLAN APPROVAL REF. # B763 Dear Hanle Please find attached the revised exhibits for the Island Club. As you are aware, the project was scheduled for Board action and tabled due to the upland preservation issue. At a meeting held' last week, staff requested revised drawings that would be forwarded to the County Commission for the July 18th agenda. The revisions accommodate a modified clubhouse, with minor adjustments to sidewalks and the pool area. The drawings (20) include site and landscape plans, engineering plans, and conceptual architectural plans. I would appreciate your timely review to insure the July 18th Commissions date. Sincerely, ,.. /kc i' ".. ... JUN 2 0 2006 '00 AvenueA Suite 2·A Ft. Pierce. Florida 34950 , .___ __ ._~.. ___ a_... a"...... .___L. ..___..1.._:..1_..1_...:__ ......_ ./. Scott Morton From: Sent: To: subject: Attachments: Scott Morton Thursday, May 11, 2006 5:07 PM. 'mbusha@tcrpc.org' FW: File with areas value for Parcel 34 E Island Club b-763-lp-A Layout1 (1).pdf b-763-lp-A Layoutl (l).pdf (2 ... Michael, Per oyur request, attached is the site plan for the Island Club. The open play areas have been shaded and acrege added. The combine open play are north and south of the cluhouse is 2.41 Ac. I trust this will help you complete you determination of meeting the Recreation requirments . Any questions please call -----Original Message----- From: gboggs [mailto:gboggs@lucidodesign.com] Sent: Thursday, May 11, 2006 2:06 PM To: Scott Morton Subject: FW: File with areas value for Parcel 34 E Island Club new areas...we should be good..any ? call Rafael..im out till monday > -----Original Message----- > From: R Saavedra > Sent: Thursday, May 11, 2006 12:52 PM >, To: gboggs > Subject: File with areas value for Parcel 34 E Island Club > > PDF FILE WITH NEW AREAS > > Rafael Saavedra > 100 Avenue A, Suite 2-A > Ft. Pierce, Florida 34950 > Tel: 772-467-1301 > Fax: 772-467-1303 > Rsaavedra@lucidodesign.com > > http://lucidodesign.com/ > > «b-763-lp-A Layout1 (1) .pdf» " ';'" # 1 I I ....1.1 III , I! ,I I I,il"¡ ~1!ltlll ~ @OEWo~ ~ WATER MANAGEMENT TRACT "8" ¡11111 11 ! ill;= !III NII'i II I ¡!¡u IIJ lIil dIll': "Utili 11!lllilillill.lll"tilll~I~li l'illllll¡lllillln;litlìlltilliiiil¡dil II IIIII ,I II II I Ii "1 1.1111 ~imIHâi!lmi,II'!I!III"II¡lil)! I · N... ~ =., dh. I I ! lilP f "if! I~~~ / ¡"'. ,~ Ii tii",~ ... 0/0: 00' I I / / I c: .Q .s ~ 0: From: To: Date: Subject: Robert Nix julie.evans@dca.state.fl.us; roger.wilburn@dca.state.fl.us 5/8/2006 11:46:13 AM The Reserve DRI I have been authorized to send the attached letter regarding our conversation bf April 18th. Since you may get calls about the letter before the letter arrives at DCA and is distributed, I am attaching a copy of the letter for your convenience. Thanks for your assistance and cooperation. Bob 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 May 8, 2006 Mr. Roger Wilburn, Regional Planning Administrator Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Subject: The Reserve DRI, Saint Lucie County Dear Mr. Wilburn: Thank you for the opportunity to discuss the issues regarding The Reserve Development of Regional Impact (DRI) on April 18th. I am writing to follow up on our conference call, which also involved a member of your legal staff and our County Attorney. During our conversation you referenced several provisions of the Florida Administrative Code and the Florida Statutes regarding Developments of Regional Impact. Your conclusion and that of your legal counsel present was that the county has the authority to issue and enforce the DRI Development Order, and that absent an issue of state significance involving state agencies, the county has latitude in how it chooses to enforce the DRI Development Order. We agreed that the county could permit The Island Club development to move forward under the conditions we discussed - that it includes a two acre free play area as part of the resolution of one of the DRI compliance issues regarding recreational facilities for children. Your legal counsel present concurred. We understand your department's position is that our finding that The Reserve Development of Regional Impact is not in compliance was arrived at properly, and is correct. We also understand that you support our efforts to arrive at a negotiated solution that will result in a revised DRI Development Order, which will probably implement and be supported by a negotiated settlement agreement. We understand that The Reserve Development of Regional Impact presents significant development risk to the developer, because the latest NOPC DRI Development Order changes have not been rendered to the Department of Community Affairs (DCA). We Roger Wilburn, DCA May 8, 2006 Re: The Reserve DRI Page Two of Two agreed that the DRI Development Order that is in effect is the last DRI Development Order that was properly reviewed and rendered to the DCA. It is our understanding that the Department of Community Affairs is willing to support the county with technical assistance, should we request it. In the last resort, should negotiations fail, the Department of Community Affairs may issue a Notice of Violation at the request of the county in order to bring The Reserve Development of Regional Impact into compliance with the adopted DRI Development Order. Based on the above understandings, we are structuring a proposed settlement of the compliance issues associated with The Reserve DR!. As we discussed, the staff will work toward the creation of a settlement agreement that will provide both specific measures to be taken and a process to resolve the outstanding DRI compliance issues regarding The Reserve DR!. Ifwe obtain agreement from the developer, we will move forward through the NOPC process and develop a revised DRI Development Order to bring the DRI into compliance. Please contact me if you have any questions, comments or suggestions. You can reach me bye-mail at nixr@stlucieco.gov, or by telephone at 772-462-1590. Sincerely, Bob Nix, AICP, Director Growth Management --- ¡. KOLTER 11601 Forum Place Suite 805 West Palm Beoch, FL 33401 IT (561) 682 9500 F (561) 682 1050 www.kolter.com April 5, 2006 Mr. Michael Busha Treasure Coast Regional Planning Council 301 East Ocean Blvd. Stuart, Fl 34994 Re: Reserve DRI - NOPC Mr. Busha, As part of our efforts to resolve Qutstanding issues relative to the development order for the Reserve DRI, it is Kolter's understanding that there are three (3) remaining issues needing clarification with St. Lucie County staff. Issue 1, Upland Preservation, is currently being reviewed by Bob Nix and SLC staff. We have met with Bob Nix, Dan McIntyre and Faye Outlaw to discuss where Kolter and The PGA of America can provide additional conservation easements and/or agreements. Additionally we will be providing Mr. Nix with copies of the Property Owners Association documents speaking to the restrictions on clearing and requirements for preservation of upland habitat. County staff will complete its' review of the areas and render their opinion. Issue 2 is regarding compliançe with transportation conditions and Issue 3 is regarding compliance with parks and open space. Mr. Nix has askéd Kolter to request an opinion from the RPC as to the current compliance with the development order relative to these two issues. It is my understanding that issues related to transportation conditions have been resolved through the additional condition language added to our proposed amended deve10pment order. As to issues related to Parks and Open Space I am attaching the following information for your review. Hopefully you will agree that both the acreage requirement and intent of the condition have been met. 1. Copy of the proposed site plan for the Island Club. This recreation site is approximately 6.6-acres in size and includes a large clubhouse, pool and deck, court sports, open multi-use playfield, tot-lot, exercise trail and a fishing dock. 2. Copy of the plat for Sabal Creek lot 52 and Tract GA-1. This combined approximate 1 '12- acre lot has been dedicated to the Association. The site is suitable for open play area and tot-lot as well as fishing in and canoeing on the adjacent lake 3. Copy of the proposed Pine Lakes recreation area. This recreation site is approximately 1 acre in size ~ includes a small cabana building, pool and deck, tot-lot, open playfield area, and a fishing dock. 4. Copy of a project aerial showing a proposed location for an approximate 2- acre area inside the northern most upland preservation area. This area was fonnerly used as a construction materials storage area and burn site. This location could be excluded from the conservation easement area and dedicated to the property owners association for use as a park/recreation area. The site is accessible from Commerce Center Dr. and could be used for open play and picnics as well as fishing in and canoeing on the adjacent lake. In addition to the above-mentioned areas I have included a copy of an exhibit showing . the remaining recreational areas constructed within the project. All totaled, and not including the recreational facilities offered by either the Legacy Country Club or The PGA of America, the development has included approximately 16.50 acres of recreational parks and open space for enjoy.ment by the residents. I trust the provided infonnation will be sufficient for your us·e. Should you have any questions or require additional infonnation, please do not hesitate to contact me. Sincerel,?? / ¡~ / I ...- I , I ~ I Sqútt G. M on Director óf Planning and Development Cc John Csapo Bob Fromm Reggie Bouthillier ~! ":. .6> "Ö I ~ II1I ~ttt .'1 Q) 'j'(lli (OI·J II ~ 11 I I I ~ @OOOO~ ~ ¡ ! 111( liii j.¡llk Ihl 11111 1\111 IiI in! 1ìtt'!1 '!'llb!! l,ii,lil:'I' iul-l"!n!II1IIIr,1111,',h · · d ¡-II- -t, h "1 1'1 li!I!li!l il:!,'!I!jl!l!li:J!I!1 liii,i I!'i'li¡li'I¡'I li'tlll!'! I 1,!'111Iill!II".,t\tllllr'(I!ltI111! I 1 a..,..I,1 I'ifll", .1. Ij'f'1 !i¡liilUa IU¡fMtlì~IHf.1 I, I 1/ Y I l~ /, I\\, ~(\ , I i I ~ t ~!, ~ I 11 i I I ~ I liH 1/ ~ I j 'Ii", ::s . ¡.~/! I ...:: ~. :¡o;~ I ~ -f irl't I ,. ~-- I ~J / tS ]~. / ¡f>. / ~»> , / / / / I I / í ø} / I , , I , / I / , '/ / j ! ':' . / I /r--i I /1/ ¡ /" I I . I ~ / . / 191 / I hI I ~,o.,¡"" I "" WA11:R ...-GDlDfI" 1TW:1 --_. -þ..... GROWTH MANAGEMENT Director MEMORANDUM FROM: Board of County Commissioners Bob Nix, AICP, Director of Growth Management j5r/' ,1+ TO: DATE: March 21,2006 SUBJECT: The Reserve DRI Compliance Issues and The Island Club On Monday, March 20th, staf~ met with representatives of Kolter Properties, Inc. to hear their first proposal to resolve the DRI Compliance issues. They acknowledged that in spite of their best efforts, it was taking longer to obtain the necessary commitments to protect upland habitat than they had at first expected. County staff acknowledged that as more information becomes available, the issues become more complex, but that the issues can be identified and resolved in a reasonable time. Kolter explained their progress in negotiations with the PGA golf course to create easements on the golf course property to protect upland habitat. Kolter representatives estimated that more than one hundred acres of upland habitat may be afforded protection on the PGA golf course. ,In spite of previous staff comments to fix upland protection in place, Kolter representatives expressed a desire to create moveable easements on the golf course. Staff stated that the proposed approach is likely to be found unacceptable by staff, as noted to Kolter in earlier staff comments. Kolter representatives then agreed that there may be areas on the PGA golf course property where fixed upland conservation easements can be established, but not in the areas that may be affected by future relocations of fairways and greens. Staff agreed that Kolter should provide fixed conservation easements on as many golf course acres as possible, then identify the remaining acres that would be protected by "moveable" easements. An agreement acceptable to the county would have to be provided. Kolter proposed a three party agreement ~etween the PGA golf course, Kolter, and the county. Staff provided Kolter representatives with the latest map accounting of the uplands not preserved. A copy of the map is attached for your information. The accounting for uplands· assumes that all of the micrositing is valid, even though we already know it probably is not. Kolter was informed that we are reviewing the micrositing to obtain the final accounting. Kolter was invited to review the map, and provide us with documentation supporting any different opinions that they have about the accountipg for preserved uplands. The map shows a shortage of approximately 270 acres of upland þreservatiof:'. Staff informed Kolter representatives of the Regional Planning Council's issue regarding the lack of four two acre or larger recreational sites conveniently located to all of the subareas of the March 21,2006 Page 2 of 2 Subject: The Reserve DRI Compliance Issues and The Island Club development. Kolter representatives stated that they would start ne.gotiations with the RPC to resolve that issue. Staff informed Kolter representatives that homeowners had raised issues about the lack of required transportation improvements. Kolter representatives acknowledged that this issue would be addressed in a proposed Notice of Proposed Change to the Development of Regional Impact Development Order (NO PC). It was, the 'Kolter representatives said, the primary issue they had hoped to address in the latest NOPC that has not been transmitted to the state. Staff informed the Kolter representatives about our concerns about the loss of listed species that were supposed to be protected on the site. Staff's position is that if the losses were the result of changes to management plans approved by the proper state/federal regulatory agencies, and the agencies were aware of and accepted the losses, then staff has no issues. Staff wants documentation in the county's DRI file about the loss of listed species on the project site. There was a brief discussion about the Island Club recreational facility. Kolter representatives stated their desire to build it, and asked staff if they could obtain approvals. Staff responded that the staff's original position was to allow the Island Club to move forward, but that a review of the legal requirements of the Florida Statutes resulted in the conclusion that the county could not issue any permits or approvals for any development as long as the project is not in compliance with its DRI Development Order. Staff is discussing this issue with the Florida Department of Community Affairs to see if the state will release the Island-Club from the state law restrictions, because it is a common facility and it may be built in a way that moves toward compliance with the Development Order by providing one of the four two acre recreational sites for the use of children that are required by the Development Order. Please contact me if you need any additional information. Our estimated time frame for bringing a proposal on the DRI compliance issues to the Board of County Commissioners is 30 to 120 days, depending on how quickly we can obtain information, conclude negotiations, and prepare the proposed NOPC and agreements. f '';'.'''' ...., , AGENDA REOUEST ITEM NO. ~8 DA TE: July 18, 2006 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 06-243 - Endorsing the Lincoln Park Business Association Application for the Florida Main Street Program in Support of Lincoln Park Main Street. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 06-243 as drafted. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 Douglas ÞI.. derson County Administrator County Attorney: ~ Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: " Finance: (Check for Copy only, if applicable)___ Eff. 5/96 · .. RESOLUTION NO. 06-243 A RESOLUTION ENDORSING THE LINCOLN PARK BUSINESS ASSOCIATION APPLICATION FOR THE FLORIDA MAIN STREET PROGRAM IN SUPPORT OF LINCOLN pARK MAIN STREET WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Main Street Program (Program) has been created to assist Florida communities in developing public-private efforts to revitalize their "Main Street" areas. 2. The Secretary of State will select a number of communities to participate in the Program in the upcoming year through a competitive application process. 3. The Program application requires endorsement by the local governing body and verification of a commitment to fund the program for at least three years. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby endorse the Lincoln Park Business Association application for the Florida Main Street Program in support of Lincoln Park Main Street. 2. This Board urges the citizens of St. Lucie County to support the local Main Street program and participate in its activities. PASSED AND DULY ADOPTED this 18th day of July, 2006. - , , ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY -......-....--.-.--- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 11, 2006 Convened: 9:00 a.m. Adjourned: 11 :30 a.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Frannie Hutchinson, Pallia A. Lewis, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, M & B Director, Beth Ryder, Community Services Director, Don West, Public Works Director, Jim David, Mosquito Control Director, Jeff Furst, Property Appraiser, Ken Mascara, Sheriff, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Hutchinson, seconded by Com. Craft, to approve the minutes of the meeting held June 27, 2006, and; upon roll call, motion carried unanimously. 2. PROCLAMA TIONS/PRESENT A nONS A. Resolution No. 06-208- Proclaiming the month of July as "Parks and Recreation Month" in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 06- 208, and; upon roll call, motion carried unanimously. B. Resolution No. 06-213 Commending the Florida Airboaters for their dedication, sacrifice and courage in assisting the general public, local, State and Federal Agencies in the search, rescue and recovery operations in the aftermath of Hurricane Katrina 2005. It was moved by Com. Smith, seconded by Com. Lewis, to approve Resolution No. 06- 213, and; upon roll call, motion carried unanimously. C. Workforce Housing Moore's Creek- This item was pulled. 3. GENERAL PUBLIC COMMENTS Ms. Marjorie Harrell, area resident, addressed the Board regarding two new youth empowerment centers being opened in Palm Beach for youths up to 18 years of age. She asked the Board consider looking into having the same types of programs in our county. . Mr. Jeff Furst, Property Appraiser addressed the Board regarding the right of way values questioned by the Board at a previous meeting. He stated he agreed with the idea that a value should be placed on a right of way and the county should be compensated before deciding to release it from public hands. Mr. Craig Mundt, Hutchinson Island resident, addressed the Board regarding the project called Oceanique. He commented on the density transfer and the conservation easement on the 17 wetland acres where mosquito control uses and manages the property due to the agreement. He requested Resolution 04-17 be finalized, recorded, the property on the west side returned to the site plan and the density use properly recorded, the conservation easement re-recorded. The County Attorney advised the Board his office was doing a title search and will follow up, obtain the conservation easement and follow up with a resolution. 1 -,.-_...._- ...- --".,.- 4. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Craft, to approve the Consent Agenda with item C2-E pulled, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 39 and 40. 2. COUNTY ATTORNEY A. Noise Ordinance- The Board authorized advertising Proposed Ordinance No. 06-021 for Public Hearing as follows: Planning and Zoning Commission/Local Planning Agency on August 17, 2006 at 6:00 p.m. or as soon there after as it may be heard and the Board of County Commissioners September 5, 2006 and September 19,2006 at 6:00 p.m. or as soon there after as it may be heard. B. Petitions for Boundary/Name Changes- Westchester Community District Nos. 1-6- The Board granted permission to advertise public hearings for the ordinances on August 15,2006. C. First Amendment to Maintenance Contract with Siemens Building Technologies- The Board approved the First Amendment and authorized the Chairman to sign the Amendment. D. Ordinance No. 06-039- Alarm Systems- Permission to advertise- The Board approved advertising a public hearing on Ordinance No. 06- 039. E. This item was pulled. F. Deputy Sheriff s Blanket Bond- The Board authorized the Chairman to execute the bond. 3. PARKS AND RECREATION A. Recreation Advisory Board Revised By-Laws- The Board approved the Recreation Advisory Board's revised By-Laws and Resolution No. 06-147. B. Diamond Sands ponation- The Board approved accepting the $50,000 donation to the Parks and Recreation Department from the Hutchinson Island 45, Inc., in association with the Diamond Sands project and approved Resolution No. 06-214. C. Request from Main Street Ft. Pierce- Friday Fest- The Board approved Main Street Fort Pierce's request to hold Friday Fest at Veterans Memorial Parks for a period of one year (July 2006-June 2007) and approved Main Street's request to waive the $2,400 in rental fees associated with the Park. D. Position ReclassificationslLincoln Park Community Center- The Board approved reclassifying two Recreation Supervisor positions at the Lincoln Park Community Center. 4. PUBLIC SAFETY 2 07/07/06 FZABWARR ( FUND 001 001159 001160 001166 001174 001177 001179 001257 .001299 001310 001404 001814 101 101002 101003 101004 101006 102 102001 105 107 107001 107002 107006 ( 140 140001 140127 140324 140326 150 160 183 183001 183004 183006 184206 184207 184208 185006 185007 185008 315 316 316301 39007 401 ( \. ST. LUCIE COUNTY - BOARD -----..----..-..'-- WARRANT LIST #40- 01-JUL-2006 TO 07-JUL-2006 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 04 Section 112/MPO/Planning FY 04/05 Section 112/MPO/FHWA/Planning 05 FHFC Disaster Relief Grant Section 112/MPO/FHWA/Planning 2006 CSBG FY 06 TDC Planning Grant F/Y 06 FDCA Emergency Mgmt Prep & Assistan Dep Innovative Recyclin/Waste Redu 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 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 Parks MSTU Fund SLC Public Transit MSTU Port & Airport Fund Port Fund FAA BCA 9L/27R/Rehab. 14/32 FDOT/Design Runway Rehab-AL642 FDOT Rehabilitate Airfield Lighting Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP South SLC Beach Restoration Pr FDEP Bureau of Beaches & Coastal Sy FL Fish & Wildlife - Artificial Ree FHFA SHIP FY05/06 FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery County Building Fund County Capital FDOT Intermodal Improvements Indian River Estates MSBU Sanitary Landfill Fund EXPENSES 617,648.36 79.55 77 .57 7,522.54 28.00- 28.51 1,438.42 164.26 112.96 500.00 332.26 317.43 9,014.52 80,060.54 245,825.03 8,368.54 127,629.18 16,721.02 4,233.03 1,611.75 231,775.65 46,189.88 2,144..20 603.92 4,320.00 369.88 3,191.30 5,931.53 10,655.76 3,114.16 111,096.45 734.29 9,035.53 1,176.60 103.22 363.59 491.53 177,784.30 8,043.82 7,020.00 116.42 1,085.00 1,087.05 3,864.61 353,059.40 80,760.30 54,630.04 276,087.96 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 797.76 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 ----- .'---_._._-~'--- 07/07/06 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #40- 01-JUL-2006 TO 07-JUL-2006 ( .... FUND SUMMARY FUND TITLE EXPENSES PAYROLL 418 Golf Course Fund 6,077.44 0.00 451 S. Hutchinson Utilities Fund 1,120.53 0.00 458 SH Util-Renewal & Replacement Fund 131. 61 0.00 461 Sports Complex Fund 3,919.46 0.00 471 No County Utility District-Operatin 54,964.10 0.00 478 No Cty Util Dist-Renewal & Replace 32,361.04 0.00 479 No Cty Util Dist-Capital Facilities 285.75 0.00 491 Building Code Fund 20,287.36 0.00 505 Health Insurance Fund 5,058.65 4,504.64 611 Tourist Development Trust-Xdv Fund 31,251. 39 0.00 625 Law Library 154.94 0.00 GRAND TOTAL: 2,672,106.13 5,302.40 ( (, 06/30/06 FZABWARR FUND 001 001146 001159 001160 001164 001166 OOll72 001174 001179 001180 001257 001282 001299 001404 001814 101 101002 101003 101004 101006 101213 102 102001 104001 107001 107002 107003 107006 ll2 120 122 126 129 130203 130204 139 140 140001 150 160 183 183001 183004 183006 185005 185008 .----. ST. LUCIE COUNTY - BOARD - WARRANT LIST #39- 24-JUN-2006 TO 30-JUN-2006 FUND SUMMARY TITLE General Fund FTA USC Section 5307 FY03 FTA Section 5303 Grant FY 04 Section 112/MPO/Planning FY 04/05 USDOJ Violence Against Women Grant Section 112/MPO/FHWA/Planning 05 CDBG Grant FY 05 FHFC Disaster Relief Grant CSBG FY 06 US Dept Housing HUD Shelter Plus Gr TDC Planning Grant F/Y 06 FDOT Transit Services Marketing PIn FDCA Emergency Mgmt Prep & Assistan 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 Recreation Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Parks MSTU Fund FDOT-Fixed Route Grant FDOT - Intermodal Facility Grant Palm Grove Fund Port & Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY04/05 FHFA Hurricane Housing Recovery EXPENSES 2,ll5,877.01 285.00 19.43 73.18 24,695.09 391. 80 5,954.80 8,972.65 8,546.03 1,149.99 41.13 20,440.75 1,035.76 133.48 2,756.88 3,846.62 186,810.91 57,886.17 1,828.18 215,013.46 367,106.23 15,593.00 13,822.27 734.40 2,581. 81 3,106,727.14 1,090.57 1,810.10 14 .34 2,768.95 590.95 175.80 1,015.34 121. 81 116,152.73 36,900.17 13,000.00 741. 53 5,070.24 2,683.70 236.42 896.74 1,121.85 28.09 48.44 53.05 410.00 1,105.57 PAGE PAYROLL 677,277.44 0.00 1,066.83 990.62 0.00 4,709.87 0.00 357.60 1,672.15 0.00 1,807.69 0.00 0.00 2,460.10 1,351.37 37,067.15 44,092.50 40,547.58 17,727.17 0.00 0.00 69,951.31 4,872.19 0.00 0.00 96,758.43 989.36 23,661.55 0.00 4,142.57 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13,050.40 0.00 3,090.41 3,398.86 0.00 0.00 633.21 0.00 0.00 6,246.24 _._",,_...__..__m_ I 06/30/06 FZABWARR FUND 216 242 310003 316 401 418 451 458 461 471 478 479 491 505 611 615 625 665 -_._,-_._...~-- ST. LUCIE COUNTY - BOARD -"---"~," WARRANT LIST #39- 24-JUN-2006 TO 30-JUN-2006 FUND SUMMARY TITLE County Capital I&S Port I&S Fund Impact Fees-Public Buildings County Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library SLC Art in Public Places Trust Fund GRAND TOTAL: EXPENSES 15,520.24 63,876.27 1,887.50 22,490.08 68,020.08 4,681.02 1,015.44 15,991.78 8,439.91 221,182.38 63.72 80,901. 43 12,055.46 270,488.26 1,855.76 183,238.45 5,537.00 25,000.00 7,350,604.34 PAGE PAYROLL 0.00 0.00 0.00 0.00 63,571. 84 21,228.73 1,793.81 515.63 14,232.13 7,774.07 832.96 1,325.89 76,392.32 5,580.36 3,922.44 0.00 0.00 0.00 1,255,092.78 2 --.------.-- OUNTYWIDE MILLAGE GENERAL FUNO FINE & FORFEITURE EROSION CONTROL - ZONE E SUB-TOTAL COUNTYWIDE MilLAGE MOSOUITO DISTRICT . -... . TO'I'AL-cotJNTYWI)E IaLAGI! MUNICIPAL SERVICE TAXING UNITS TREET UGHTlNG DISTRICTS SLD j 1 - RIVER PARK I SLD Ir2 - RIVER PARK 2 SU) 13 ' HARMONY HEIGHTS SU) t4 ' HARMONY HEIGHTS SLD lIS - SHERATON PLAZA SLD 118 - SUNLAND GARDENS SLD 111 - SUNRISE PARK SU) 118 - PARADISE PARK SU) 18 - HOUDAY PINES SLD .,0 - THE GROVE SLD 11 1 - BLAKELY SUBDMSION SU) .,2 ,INDIAN RIVER ESTATES SLD 113 - QUEENS COVE SLD "8 - PALM GROVE SLD 1128 - SOUTHERN OAKS ESTATES =/:Þ(o WORKSHEET ANALYSIS OF ROll-BACK MilLAGE RATE FOR FISCAL YEAR 2001-2007 C D 4.2819 74.710.022 3.3210 80.271.548 4.2510 102.085.5112 17,531,857,D83 22.4112.760.151 24,184.244.137 2.9807 52.257,:we 2.3233 58,140,548 2.3803 57,735,828 17.531.857,083 22.4112,760,151 24.184.244.137 0.1000 1.753,158 0.0770 1.583,469 0.1000 2.416.424 17.531,857,063 22.402,760,151 24.164.244.137 7.:1426 121,721,414 &.7231 1:Ia,2t5,1III 1.7112 163.137.141 0.2757 4,750.225 0.2142 5,107,838 0.2200 5.245,855 17.229.617.237 22.175,366.501 23.844,705.712 7.&tO .... :." US7S"\' '.'7>12 ., 0.3270 40,856 0.2530 41,778 0.2394 39,387 124,947.204 160.900,294 184,522.278 0.5940 9.051 0.4722 9.261 0.4330 8.4112 15.215.006 19,187,408 19.812,854 0.0142 4.155 0.8009 4.245 0.5678 4.011 4,545,373 8.914.032 7.084,425 0.7250 8,177 0.4821 8,428 0.3951 7.218 11.278,867 17.895,051 18.237,140 1.0108 9.213 0.5463 0,3211 0.4644 7,031 9,114,701 18.865.321 17,078,284 0.5740 8,722 0.4138 9,_ 0.4270 9,380 15,194,581 21,088.120 21.919,589 0.8148 2,762 0.5141 2,812 0.51129 3.243 3,380,359 5,373.014 5,468.848 0.9005 0.747 0.8029 10,828 0.9723 12,l1li 10,823,817 12.139,317 13.2:14,448 0.2238 12.848 0.1778 13,429 0.1898 14.331 58.508.385 71,142,012 75,545,050 0.1240 3.090 0.0lI2O 3.101 0.1194 4,023 24,920.650 33.574,407 33,805,923 1.9990 1.858 1.4357 U22 1.9418 2.800 1128.580 1,292,730 1,338,033 0.1004 14.209 0.0794 14,924 0.0873 18,419 142.424,777 180.198,182 188.075.241 0.0829 4.741 0.0834 4.807 0.0721 5.571 57,103,890 74.808.141 77.268.972 0.5380 11.183 0.4132 11.202 0.4575 12,402 20.8211._ 27.013.230 27.108.044 0.53211 2.572 0.4334 2,604 0.5194 3,121 4.825.1121 5.934,028 6.008.805 THER MUNICIPAL SERVICE TAXING UNITS UNINCORPORATED SERVICES 0.5258 STORMWATER 0.4108 LAW ENFORCEMENT 0.3544 PARKS MSTU 0.2500 TRANSPORTATION MSTU 0.0900 MEADOWOOD 0.4579 PALM LAKE GARDENS 0.1956 3,841.238 0.4207 3.965.743 0.4641 4,374,507 7.308,288.270 9,129.857.589 9,425.785.299 3,002.245 0.3288 3,099.557 0.5082 4,790.184 7,308,288.270 9,129,857,869 9,425.785.200 2,590,057 02837 2,874.000 0.3188 3.004,_ 7.308,288,270 9,129.857,860 9,425.785.290 4.382,964 0.1940 4,708.871 02500 8.041.081 17,531,857,063 22,402.780,151 24.184.244.137 1.577.867 0.0701 1,805,122 0.0900 2.174,782 17,531,857.063 22,4112.760,151 24.184.244,137 22,618 0.3118 23,850 0.3071 23.307 40,394,032 72,580.536 75.803.407 2.445 0,1805 3,534 02774 5.432 12,_.908 13,548.219 10.563,355 ""\,!-t"l3ez<I ,·::'ÛsZ:.Æ' 113' '711'): 17.531,857,083 22.492.780,151 24.184,244.137 ura ':"t t'" 111' '. Ut"-:( " -4.11" 1.1132 fI.Of" 0.1154 0.0218 2,040.350 38 t,003 0.0823 0.0154 2.003,540 374,905 17,880,871,513 22,665.135.818 24.344.463.810 17,880,678,583 22.865,135,818 24,344.463,819 TOTAL OEBT SERVICE FUNDS 2 53 GRAND TOTAL OF TAXES 151.464,371 NOTES: (11 Tho property .01... ..... c.rtIIiod by Iho Property Appralsor. 2.371 "',327,'7' ExDlanations 2005-2006 MILLAGE 2005-2006 TAXES 2006-2007 ROLLBACK RATE 2006-2007 ROLLBACK TAXES 2006-2007 PROPOSED MILLAGE 2006-2007 TAXES PRIOR VEARS V AWE 2006-2007 ADJUSTED VALUE 2006-2007 GROSS VALUE This figure represents the millage that was approved for the previous fis<:al year. It is interpreted as dollars per thousand. This is the computed taxes derived by multiplying the 2005-2006 MiII8ge by tbe Prior Years Value and then dividing by 1000. The Rollback Rate is the mill8ge that would have to be levied in 2006-2007 to produce the same computed tax revenue as last year. The calculation is 2005-2006 Taxes divided by 2006-2007 Adjusted Value and multiplied by 1000. Rollback Taxes is tbe amount of computed taxes tbat would be generated in 2006-2007 if the millage únposed was the 2005-2006 Rollback Rate. The fonnula is: 2006-2007 Rollback Rate multiplied by the 2006-2007 Gross Value and then divided by 1000. This figure represents tbe millage that is proposed for the 2006-2007 fis<:al year. It is interpreted as dollars per thousand. This is derived by multiplying the 2006-2007 Millage by the 2006-2007 Gross Value and then dividing by 1000. This is the prior years Final Value as determined by the Office oftbe Property Appraiser. This is the 2006-2007 fiscal year Adjusted Value as determined by tbe Office oftbe Property Appraiser. The Adjusted Value is the Gross Value plus any new taxable value &om construction. additions. &. improvements minus deletions. This is the 2006-2007 fis<:al year Gross Value as determined by the Office of the Property Appraiser. Note: Your calculations may vary sli&btly from Ibole on Ibis form due to roundiDI- ^"-,...~,---_." A. Memorandum of Understanding- The Board approved accepting the Memorandum of Understanding between the Florida Department of Community Affairs and the St. Lucie County BOCC and approved the amount $104,996.80 for the state to purchase a tow vehicle and donate a two vehicle to St. Lucie County and authorized the Chairman to sign. B. The Board approved the Agreement with HTE regarding the credit of the Software License and Service Agreement with HTE for the LG Addressing program in the amount of $ 10, 102.50 and authorized the Chairman signing the agreement. 5. PUBLIC WORKS A. Engineering Division- Award of RFP No. 06-059- The Board approved the shortlist, granted permission to negotiate with the six firms: F.R. Aleman & Associates, Inc.; H.W. Lochner, Inc.; Kimley Home and Associates,; Metric Engineering; Stanley Consultants and Vanus, and authorized the Chairman to sign the contracts as prepared by the County Attorney. B. Engineering Division- Navajo Avenue South MSBU- Potable Water Improvements-The Board approved advertising the second public hearing to be held on August 15,2006 at 6:00 p.m. or as soon thereafter as it may be heard. C. Extension of one year for Stormwater Improvement Project with SFWMD- The Board approved the requested time extension of one year for the Stormwater Improvement Project with the SFWMD for Paradise Park «(1A040690-A01). D. Request Board of County Commissioners to approve time extension for Stormwater Improvement- The Board approved the requested time extension of one year for the Stormwater Improvement Project with the SFWMD for Paradise Park (OT050699-AOl). E. Engineering Division- Approved Change Order No.1 to Contract No. 05-08-424- The Board approved Change Order No.1 and authorized the Chair to sigri the Change Order in the amount of $6,542.71 for a total contract price of$360,042.71 to Johnson Davis Inc., for the adjustment of quantities on the Carlton-Adams Rd Culvert Crossing Over Canal C-59, culvert replacement project. F. Engineering Division- The Board approved Change Order No.1 with Atlantic Skanska for a time extension of an additional 60 days in which all work shall be completed on or before September 13,2006 for the Gordy Ròad Recreation Area and authorized the Chairman to sign. G. Engineering Division- The Board approved Amendment No. I to Work Authorization No.2 with Kimley-Horn and Associates in the amount of $5,900 for design modifications and for a time extension through December 31, 2006 for Indrio Road Kings Highway Intersection Improvements and signature by the Chairman. 6. ADMINISTRATION A. St. Lucie Cultural Affairs Council- The Board ratified the at large re- appointment of Ms. Jenene Skrupky and Mr. Jack Connolly to the Cultural Affairs Council for a second term. B. Board of Adjustment- The Board ratified Com. Craft's appointment of Mr. Larry Storms to the Board of Adjustment. 3 7. INFORMATION TECHNOLOGY The Board approved renewing the Microsoft Select License Agreement. 8. CENTRAL SERVICES The Board approved purchasing a Smart Board, Laptop Computer and Projector to be used by Central Services for a combined cost of $6,300.00 approved Equipment Request # CSDEQ06-290, # CSEQ06-291 and # CSEQ06-292. 9. PURCHASING A. Award of Bid # 06-069- Pre-qualifications of Demolition Contractors- The Board approved awarding Bid # 06-069 to all seven bidders: ;this includes demolition and asbestos abatement: Cross Environmental Services, Inc., Decon Environmental & Engineering Inc., D.H Griffin Wrecking Co., Inc., L.E.B. Demolition & Consulting Contractor, PDG Environmental, Sunrise Systems of Brevard, Inc., and authorized the Chairman to sign the contracts as prepared by the County Attorney. B. Award of Bid # 06-074- Rental of Uniforms and Shop Supplies- The Board approved awarding Bid # 06-074 to ARAMARK Uniform Services and permission for the Chairman to sign the contract as prepared by the County Attorney. C. Permission to Advertise a Request for Proposals - The Board approved advertising an RFP for Vending Machines for County Municipal buildings. D. Award Bid # 06-068 Pest Control Services- The Board approved awarding Bid # 06-068 to the low bidder, Hulett Environmental for the yearly total of$II,834.64 and granted permission for the Chairman to sign the contract as prepared by the County Attorney. E. The Board approved Change Order # 3 to Contract C05-l 0-699 with Design Build Innovations for Airport which extends the project 56 days to be completed August 22, 2006 and granted permission for the Chairman to sign the Change Order as prepared by the County Attorney. F . Award Bid # 06-081- Abandonment and Plugging of Artesian and Flow Wells (Re-bid)- The Board approved awarding Bid # 06-081 to Green Well Drilling ofSt. Lucie County for the amount specified on the bid tabulation sheet and granted permission for the Chairman to sign the Contract as prepared by the County Attorney. 10. GRANTS Submittal of Grant application- The Board approved the submittal ofthe grant application requesting an amount no to exceed $200,000 to further a program to provide wind resistant remedies for low income homes. 11. COMMUNITY SERVICES A. Purchase for Real Property- The Board approved the Chairman signing the contract for Sale and Purchase for Real Property for two lots for the Avenue D Transit Transfer Facility. B. Purchase ofReaJ. Property- The Board approved the Chair signing the contract for Sale and Purchase for Real Property for one lot for the Avenue D Transit Transfer Facility. 4 ._,-----._------'- C. Resolution No. 06-215- The Board approved Resolution No. 06-215 amending the schedule of fees for the St. Lucie County Health Department and authorized the Chairman to sign the necessary documents. D. Approval of Budget Resolution No. 06-216- The Board approved Budget Resolution No. 06-216 to allow for budgeting a portion of the funds from the Sate FY07 SHIP funding cycle for the remainder of County FY06. 12. GROWTH MANAGEMENT Petition of Rio Lago Acquisitions, LLC for Major Site Plan approval- The Board approved Draft Resolution No. 06-042- for Major Site Plan approval of the project to be known as Rio Lago Subdivision. 13. AIRPORT Change Order # 4/Dickerson Florida- The Board approved Change Order No.4 for a decrease of$195,990.15 to the contract amount of$4,211,635.46 for a new contract sum of $ 4,015,642.31 with no additional time, and allow no retainage on stored materials for the infrastructure construction of the Airport West Commerce Park. 14. INVESTMENT FOR THE FUTURE A. Bid No. 06-080 Resurfacing Paradise Park Pool- The Board approved accepting Bid No. 06-080 from Galaxy Pools in the amount of $ 72,450 for resurfacing of the Paradise Park Pool and authorized the Chairman to sign the contract. The Board also approved the reallocation of $50,000 to be used for this project. B. Lawnwood Football Stadium locker rooms roof repair- The Board approved allocating and combining $12,990 from IFF with the $16,400 from project worksheet SLC90 16 to replace the visitors and home locker room roofs at Lawnwood Football Stadium. REGULAR AGENDA 5. No Public Hearings scheduled. 6. MANAGEMENT AND BUDGET The County Administrator made opening remarks and gave of overview of the budget process for the new fiscal year. Com. Coward noted this is the third year the Board has lowered the millage rate. This is the largest tax rate reduction since 1980. The Management and Budget Director reviewed the Worksheet Analysis of Roll Back Millage Rate for Fiscal Year 2006-2007. It was moved by Com. Hutchinson, seconded by Com. Craft, to procedurally set the two meeting dates for the two scheduled public hearings, and; upon roll call, motion carried unanimously. 5 PUBLIC COMMENTS Ms. Carol Primerano, Realtor, addressed the Board and stated she was impressed with the work that went into the budget, however she was not impressed with the tax rate. She stated Broward County was 17 mils and the way she read our budget we are at 24 mils and this does not include city taxes. She felt we were missing many opportunities in growth in tenns of making a long tenn payback for St. Lucie County, Ft. Pierce and the City of Port St. Lucie because we are too expensive. Ms. Primerano requested the times for the budget public hearings to after 5 :05 p.m. so that the general public may attend. The Board concurred. It was the consensus of the Board to change the times to 6:00 p.m. Com. Coward advised those present the county has control over 1/3 of the tax bill. He believes the other taxing authorities need to do their part so that the accumulative over all tax reduction is more meaningful. Ms. Julie Garafolo, Governmental Director for the Realtors Association addressed the Board and commended the Board the time and efforts spent on the budget. She stated they would like to see something more done and to also continue forward with the lowering of the millage rates. They would like to see more than $145.00. Lowering the millage rate will act as an economic stimulant for the county and would make it more affordable. Com. Coward reiterated the millage rate has been lowered for the past 3 years and reminded everyone the county was hit with 3 hurricanes and they have placed funds for hurricane recovery and if they had not done this, there may have been a greater tax reduction. The county is still recovering from three major hurricanes. Mr. Edward McIntosh, 6 Nettles Blvd., Nettles Island, addressed the Board on his experience this past week while attending the budget workshops. He advised the Board his lot without a house on it is taxed at $5,816.00. He addressed the fact that Nettles Island residents pay $ 7 million in property taxes and require little services. He commented on the taxes paid by non-resident property owners. Mr. George Boyd, President, Nettles Island Condominiums, addressed the Board and stated there is a serious problem in Nettle Island as well as the rest of the county. He stated the Board has a great opportunity to set a millage rate and reduce it. He commented on the insurance agencies that are out of control as well as taxes being out of control and the total of these two increases places his pension in jeopardy. He will need to make a decision as to whether or not he will stay in St. Lucie County. He requested any funds not allocated be used to lower the millage further. Mr. Craig Mundt, North Hutchinson Island, addressed the Board and thanked them for the work put into the budget hearings. He commended staff for their preparation of the budget analysis. He stated he was particularly proud of the outcome ofthe Sheriff s budget and stated the protection of the citizenry is the primary responsibility of government. Com. Coward commended staff for the months of preparation and providing a budget that pleased the Board. Approval of millage rates to be submitted by the Property Appraiser and set dates for public hearings: Consider staff recommendation to approve the following: 1. Approve millage rates as outlined on "Worksheet Analysis of Roll-Back Millage Rate for fiscal year 2006-2007 (as attached to record minutes). 2006/2007 Roll Back Rate: 6.6262 2006/2007 Proposed Millage Rate: 7.8194 6 2005-2006 Aggregate Millage Decrease over 2004-2005: 2005-2006 Increase over Roll Back Aggregate Millage: Percent increase in Aggregate Millage over Roll Back: -06819 1.1932 18.01 % It was moved by Com. Craft, seconded by Com. Smith, to approve the millage rates as outlined, and; upon roll call, motion carried unanimously. 2. Set two public hearings on September 7th and 14th, at 6:00 p.m. in the Roger Poitras Administration Annex Commission Chambers. It was moved by Com. Craft, seconded by Com. Hutchinson to set the two public hearings on September ih and 14th at 6:00 p.m., and; upon roll call, motion carried unanimously. 3. Authorize the County Administrator to be able to modify the millage rates between General Fund and Fine and Forfeiture Fund as long as the total countywide millage stays the same. Also, authorizing the County Administrator to transmit the millage rates to the Property Appraiser on Form DR-420. It was moved by Com. Hutchinson, seconded by Com. Lewis, to authorize the County Administrator to be able to modify the mllage rates between General Fund and Fine and Forefeiture Fund as long as the total countywide millage stays the same and also authorizing the County Administrator to transmit the millage rates to the Property Appraiser on Form DR-420, and; upon roll call, motion carried unanimously. 4. Set aggregate millage as outlined on "Worksheet Analysis of Roll-Back Millage Rate for fiscal year 2006-2007 under column headed "2006-2007 proposed millage". (as attached to record minutes). It was moved by Com. Smith, seconded by Com. Hutchinson, to set the aggregate millage as outlined on the Worksheet analysis, and; upon roll call, motion carried unanimously. 7. AIRPORT Request for approval of the Third Amendment to the agreement with Victory Forge Military Academy and Boot Camp for the 2007 Wings and Wheels Air Military and Vehicle Show. Staff requested to pull this item in order to continue discussions on the impass items and details. Board Direction: Com. Coward stated he would like to assist by splitting the cost associated with the show. He does however believe they should be responsible for the damages caused. He felt the issues regarding the times and dates of the show need further deliberation. The County Administrator addressed the loss of revenue for the golf course during the time the show takes place. Com. Craft stated all parties need to come to an agreement regarding timing and financial impact businesses will have during the time the airport is closed for the show. Com. Hutchinson recommended pursuing grants and the TDC to assist in the funding and recommended pursuing the fall months for the show. Com. Lewis suggested pursuing the possibility of having the show in April. She expressed her concerns with the scheduling of March due to the impact it has on the businesses. 7 -..,....-.---'.--.-.- Com. Smith stated he would like to see the show in the fall, however, he would agree to pursuing the month of April. Com. Coward stated he would be open to looking at alternative dates. It was the consensus of the Board to contribute $40,000 and look into utilizing TDC revenues for the contribution and directed staff to continue discussions with the show director regarding alternative dates and the impass items. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 8 " AGENDA REQUEST ITEM NO. 5A DATE: July 18.2006 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [x] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney J oAnn Riley Property Acquisition Manager SUBJECT: Petition for Abandonment Petition to abandon a portion of two 30-foot platted rights-of-way known as Canal Drive and Poinsettia Avenue Resolution 06-217 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve Resolution No. 06-217, instruct staff to publish the final Notice of Abandonment, record Resolution No. 06-217, Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. ]C] APPROVED [ ] OTHER [ ] DENIED COMMISSION ACTION: Approved 5-0 Doug a . Anderson County Administrator [x] County Attorney:\~/ [x] Originating Dept1"l\'I-l. Review and Approvals [ ] Road and Bridge: [x] Engineering:~ [x] Publk WmkS~ [ ] Purchasing: · .. ~ GÕÜÑT'y;~ F .LQR ~I ,DA", ~ PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 18, 2006 SUBJECT: Public Hearing Petition to abandon a portion of two 30-foot platted rights-of-way known as Canal Drive and Poinsettia Avenue Resolution 06-217 BACKGROUND: The Property Acquisition Division received a request to abandon a platted 3D-foot right-of-way known as Canal Drive. This application was presented to staff in February 2006. At that time, staff requested they redo their application to include the northern portion of Canal Drive and a portion of Poinsettia Avenue. Canal Drive to the North, from Englar Avenue to Weatherbee Road, was previously abandoned and Poinsettia Avenue runs through a wetland. This "clean-up" would show uniformity of the right-of-way in these areas. Mr. & Mrs. Trefelner redid their application, re-advertised and contacted their neighbors to get their consent to abandon the additional right-of-way requested. The adjoining property owner to the East of Canal Drive, the North St. Lucie River Water Control District, has specifically consented to the abandonment. The public cannot use Canal Drive to the North because it has no outlet for public use. The portion of Poinsettia Avenue only exists on paper and runs through a lake area. This roadway can never be built because of this lake and the lake contains a Conservation Easement, Resolution No. 86-235. RECOMMENDA TION: Staff recommends the Board approve Resolution No. 06-217, instruct staff to publish the final Notice of Abandonment, record Resolution No. 06-217, Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. Respectfully submitted, cl-L~ J Ann Riley Property Acquisition Manager This instrument prepared by: Janet LiCausi, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RESOLUTION NO. 06-217 DATE: July 18,2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CLOSING, VACATING AND ABANDONING ANY INTEREST OF ST. LUCIE COUNTY AND THE GENERAL PUBLIC IN A PORTION OF TWO UNOPENED, UN-MAINTAINED 30-FOOT PLATTED RIGHTS-OF-WAY KNOWN AS CANAL DRIVE AND POINSETTIA A VENUE. SAID RIGHTS-OF-WAY LYING IN REGINA PALMS SUBDIVISION RECORDED IN PLAT BOOK 14, PAGE 82 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. That Sections 177.101, 336.09 and 336.10, Florida Statutes, as amended, and Section 11.1 0.0 1 et. seq. of the St. Lucie County Land Development Code, provide that the County may adopt resolutions vacating rights-of-way in whole or in part, which are under the jurisdiction of the Board of County Commissioners of St. Lucie County, Florida. 2. Pursuant to Plat Book 14, Page 82, St. Lucie County and the general public have a dedicated interest in the following described land: That portion of Canal Drive, lying easterly of Lots 9-14 inclusive, Block 5, Regina Palms Subdivision, and Lots 9-14, inclusive, Block 4 Regina Palms Subdivision, all as recorded in Plat Book 4, Page 82 of the public records of St. Lucie County, Florida, being more particularly described as follows; Commence at the southeast corner of Lot 14, Block 5, Regina Palms Subdivision according to the Plat thereof, recorded in Plat Book 4, Page 82, of the public records of St. Lucie County, Florida; thence east a distance of 30 feet to the west boundary line of the North St. Lucie River Water Management District Canal No. 22; thence northerly along the west boundary line of said North St. Lucie River Water Management District Canal No. 22 a distance of 640 feet to a point due east of the northern boundary line of Lot 9, Block 4, Regina Palms Subdivision; thence west a distance of 30 feet to the northeast corner of Lot 9, Block 4, Regina Palms Subdivision; thence southerly a distance of 640 feet along the east boundary lines of Lots 9, 1 þ 10, 11, 12, 13, and 14, Block 4, and Lots 9, 10, 11, 12, 13, and 14, Block 5 Regina Palms Subdivision to the point of the beginning. And That portion of Poinsettia Avenue lying northerly of Lots 1, 4, 5, 6, 7, 8, and 9, Block 5 Regina Palms Subdivision, as recorded in Plat Book 4, Page 82 of the public records of St. Lucie County, Florida, being more particularly described as follows: Commence at the Northwest comer of Lot 1, Block 5 Regina Palm Subdivision, as recorded in Plat Book 4, Page 82 of the public records of St. Lucie County, Florida; Thence easterly a distance of 529 feet along the north boundary lines of Lots, 1, 4, 5, 6, 7, 8, and 9, of said Block 5 to the northeast comer of Lot 9, Block 5; Thence north a distance of 40 feet to the southeast comer of Lot 14, Block 4 Regina Palms Subdivision; thence westerly a distance of 529 feet along the south boundary lines of Lots 14, 15, 16, 17, 18, 19 and 22 of Block 4 Regina Palms Subdivision to the southwest corner of Lot 22, Block 4, of Regina Palms Subdivision; thence south a distance of 40 feet along the east boundary line of Regina Drive to the point of beginning. 3. A Notice of Intent to Abandon was advertised on March 22, 2006 and March 29, 2006 and no objections were filed. 4. All relevant public utilities have given written consent for the abandonment. 5. County Department Staff members have reviewed the petition and have filed no objections to the proposed abandonment. 6. All abutting property owners have filed consent forms and approve the abandonment, with the exception of JWfDW Family Trust who did not respond to the letter sent. 7. On June 13, 2006, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on July 18, 2006. 8. On June 30, 2006, a Notice of Public Hearing was advertised in the Fort Pierce Tribune. 9. It is in the best interest of the public to vacate and abandon the rights-of-way more particularly described as follows: That portion of Canal Drive, lying easterly of Lots 9-14 inclusive, Block 5, Regina Palms Subdivision, and Lots 9-14, inclusive, Block 4 Regina Palms Subdivision, all as recorded in Plat Book 4, Page 82 of the public records of St. Lucie County, Florida, being more particularly described as follows; Commence at the southeast corner of Lot 14, Block 5, Regina Palms Subdivision according to the Plat thereof, recorded in Plat Book 4, Page 82, of the public records of St. Lucie County, Florida; thence east a distance of 30 feet to the west boundary line of the North St. Lucie River Water Management District Canal No. 22; thence northerly along the west boundary line of said North St. Lucie River Water Management District CanalNo. 22 a distance of 640 feet to a point due east of the northern boundary line of Lot 9, Block 4, Regina Palms Subdivision; thence west a distaJ)ce of 30 feet to the northeast corner of Lot 9, Block 4, 2 .. Regina Palms Subdivision; thence southerly a distance of 640 feet along the east boundary lines of Lots 9, 10,11,12,13, and 14, Block 4, and Lots 9,10, 11, 12, 13, and 14, Block 5 Regina Palms Subdivision to the point of the beginning. And That portion of Poinsettia Avenue lying northerly of Lots 1, 4, 5, 6, 7, 8, and 9, Block 5 Regina Palms Subdivision, as recorded in Plat Book 4, Page 82 of the public records of St. Lucie County, Florida, being more particularly described as follows: Commence at the Northwest corner of Lot 1, Block 5 Regina Palm Subdivision, as recorded in Plat Book 4, Page 82 of the public records of St. Lucie County, Florida; Thence easterly a distance of 529 feet along the north boundary lines of Lots, 1,4,5,6,7,8, and 9, of said Block 5 to the northeast corner of Lot 9, Block 5; Thence north a distance of 40 feet to the southeast corner of Lot 14, Block 4 Regina Palms Subdivision; thence westerly a distance of 529 feet along the south boundary lines of Lots 14, 15, 16, 17, 18, 19 and 22 of Block 4 Regina Palms Subdivision to the southwest corner of Lot 22, Block 4, of Regina Palms Subdivision; thence south a distance of 40 feet along the east boundary line of Regina Drive to the point of beginning. NOW, THEREFORE, BE IT RESOL VED by the Board of County Commissioners of St. Lucie County, Florida: That portion of Canal Drive, lying easterly of Lots 9-14 inclusive, Block 5, Regina Palms Subdivision, and Lots 9-14, inclusive, Block 4 Regina Palms Subdivision, all as recorded in Plat Book 4, Page 82 of the public records of St. Lucie County, Florida, being more particularly described as follows; Commence at the southeast corner of Lot 14, Block 5, Regina Palms Subdivision according to the Plat thereof, recorded in Plat Book 4, Page 82, of the public records of St. Lucie County, Florida; thence east a distance of 30 feet to the west boundary line of the North St. Lucie River Water Management District Canal No. 22; thence northerly along the west boundary line of said North St. Lucie River Water Management District Canal No. 22 a distance of 640 feet to a point due east of the northern boundary line of Lot 9, Block 4, Regina Palms Subdivision; thence west a distance of 30 feet to the northeast corner of Lot 9, Block 4, Regina Palms Subdivision; thence southerly a distance of 640 feet along the east boundary lines of Lots 9, 10,11,12,13, and 14, Block 4, and Lots 9,10,11,12, 13,and 14, Block 5 Regina Palms Subdivision to the point of the beginning. And That portion of Poinsettia Avenue lying northerly of Lots 1, 4, 5, 6, 7, 8, and 9, Block 5 Regina Palms Subdivision, as recorded in Plat Book 4, Page 82 of the public records of St. Lucie County, Florida, being more particularly described as follows: Commence at the Northwest comer of Lot 1, Block 5 Regina Palm Subdivision, as recorded in Plat Book 4, Page 82 of the public records of St. Lucie County, Florida; Thence easterly a distance of 529 feet along the 3 north boundary lines of Lots, 1, 4, 5, 6, 7, 8, and 9, of said Block 5 to the northeast corner of Lot 9, Block 5; Thence north a distance of 40 feet to the southeast corner of Lot 14, Block 4 Regina Palms Subdivision; thence westerly a distance of 529 feet along the south boundary lines of Lots 14, 15, 16, 17, 18, 19 and 22 of Block 4 Regina Palms Subdivision to the southwest corner of Lot 22, Block 4, of Regina Palms Subdivision; thence south a distance of 40 feet along the east boundary line of Regina Drive to the point of beginning. is hereby closed, vacated and abandoned and the right, title and interest of St. Lucie County and the general public in and to said lands hereby disclaimed and renounced. Chairman Doug Coward Commissioner Frannie Hutchinson Commissioner Paula Lewis Commissioner Chris Craft Commissioner Joseph Smith PASSED AND DULY ADOPTED this ISh day of July, 2006 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ATTEST: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY 4 .. RESOLUTION NO. B6-23~ BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing conservation easement is duly accepted on behalf of St. Lucie County on this 21st day of October, 1986. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ~N~~~ . .' 1 ,- ~. _ " , 'ò5 , )~~:: :·i>t jI... Q" .:!f/ BY:~~ {/ . airman APPROVE AS TO FORM AND CORR TNESS: \ \ 789429 ·~LEO~:¡~~f.::;.2 ~, .' ROGER rOIfl¡,..:.. (,.tl.,., S T. LUCIE CùU~iT ï. FL ; g~o 5 I 9 PAGEO 6 2 4 If ~ .. 1/ j'l¡ ''''1~' t/:- 'J 1'\\'cJ \ ~-D ~ CONSERVATION EASEMENT STATE OF FLORIDA COUNTY OF ST. LUCIE THIS CONSERVATION EASEMENT is hereby ~ day of Oe;bo~', 1986, from TRIPLE 'OCIATES, a Florida general partnership, formerly known as ASSOCIATES (hereinafter referred to as "Grantor"), to BOARD OF .COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (hereinafter referred to as "Grantee" ) . WITNESSE'rH In consideration of the premises and other good and valuable con- sideration, the receipt and sufficienty of which is hereby acknowledg- ed, the Grantor does hereby grant to the Grantee, its successors and assigns, a Conservation Easement in accordance with Section 704.06, Fl.\;!. Stat. (1985), as amended by Ch. 86-44, Laws of Fla., over and (across the real property that is more particularly described as: Lots 1 through 22, Block 4, REGINA ~~BDIVISION, according to the plat thereof, as recorded in Plat Book 4, Page 82, of the Public Records of St. Lucie County, Florida. which real. property shall hereinafter be referred to as the "Conserva- tion Area") on the terms and conditions hereinafter set forth: The following activities are prohibited within the Conservation Area pursuant to Section 704.06, Fla. Stat.: A. Construction or placing of buildings, roads, signs, bill- ,boards or other advertising, utilities, or other structures on or above the ground, except docks, walkways, gazebos, ditches and swales, cul- verts, and similar structures. and emplacements suitable or necessary for open space and recreational uses. B. Dumping or placing of soil or other substance or material as ~ landfill, except as allowed under paragraphs A and D, or dumping or placing of trash, waste, or unsightly or offensive materials. C. Excavation, dredging, ·or removal of loam, peat, gravel, soil, 6r rock, or other material substance in such manner as to affect the surface, except as allowed ~nder paragraphs A and D. 1 g~o 5 I 9 rAGED 6 2 I .. '-~ .. D. Surface use except for open space and recreational uses and other purposes that permit the land or water area to remain predomi- nantly in an open but landscaped condition. It is understood that the granting of this Conservation Easement entitles the Grantee or its authorized representatives to enter the above-described land in a reasonable manner and at reasonable times to assure compliance. It is understood that in granting this conservation Easement, the Grantor reserves to itself, its heirs, executors, administrators, assigns, tenants, servants, visitors, invitees, and licensees the right to maintain and use the Conservation Area for open space and recrea- tional uses and other purposes that permit the land or water area to remain predominantly in an open but landscaped condition. The Grantor, for itself and its successors and assigns, hereby agrees to indemnify and hold the Grantee harmless from any claim, lia- bility, or damage that might arise from the grant of this Conservation Easement. The Conservation Easement granted hereby may be released by the Grantee in accordance with applicable law. The Conservation Easement granted hereby shall run with the land and shall be binding upon the Grantor and its successors and assigns, and shall inure to the benefit of the Grantee and its successors and assigns. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above-written. Signed, sealed, and delivered in our preseR witnesses: qif~~. 2 ~~o 5 I 9 PAGEO 6 2 2 ·-...., STATE OF FLÒRIDA COUNTY OF ({{{0m po...cA-.... I heréby certify that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ANDERS S. BILLING, to me known to be the person described in and who executed the foregoing instrument and he acknow- ledged before me that he executed the same. WITNESS my hand and off' aforesaid this ~day of 'j f NOTARy"'~~DLlC 5'ri¡r';~':f((,~!O" ¡ tI\· co';~nS~ll1il EXP, en !f.,H,J;: úJ ~;J~O fHrHl t,j~!':::n)\~ 11:$, ~'~.;;. )~'Y1 . t'· ., ...~-,...~~-,.. ..\',--: ;" ç i, ",,'. ,\[\' This instrument prepared by DANI EL B. HARRELL Gonano & Harrell 1600 S. Federal Highway, Suite 200 Fort Pierce, FL 33450 (305) 464-1032 3 ~fiO 5 I 9 PAGED 6 2 3 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PETITION, FOR ABANDONMENT TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA. The undersigned PETITIONER hereby petitions the St. Lucie County Board of County Commissioners to vacate, abandon, discontinue and close, in whole or in part, specific public rights-of-way, easements, or subdivision plats, as more particularly described in this petition, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith. This petition is filed pursuant to lawasmore particularly set forth in Florida Statutes, Section 177.101, as amended, Florida Statutes, Sections 336.09 and 336.10, as atJ'ended, and St. Lucie County Land Development Code, Section 11.10.01 et. seq. *****************.*****************************************************************************~******* TYPE Of ABANDONMENT REQUESTED (check one or more as applicable) ("*" indiçates requirement for public hearing) _ A Plat (*) _ A Portion of a Plat (*) 1L- County Road Right-of-way (*) _ Drainage Easement not Affecting Road Drainage _ Public Utility Easement _ Drainage Easement Affecting Road Drainage (*) Other _ Public Interest in a Private Right-of-way or Easement ***************************************************************~************************************** Petitioner hereby certifies that the filing fee of $250.00 is enclosed or has been paid to St. Lucie County, and that petitioner hereby further certifies that petitioner understands that the filing fee is non-refundable and that there is no assurance that this petition will be granted, in whole or in part, and no such assurances have been made by any County employee. This Petition shall contain an affidavit of the Petitioner attesting to the validity of the representations herein and it's completeness to the best of Petitioner's knowledge and belief. 1. The Legal Description of the petition site is attached as (EXHIBIT "A"). (Note: The petition site may lie upon property owned by Petitioner, i.e. an easement over Petitioner's property, or adjacent to Petitioners property, i.e. a public road right-of-way.) 2. Title or interest of the County and the Public in and to the petition site was acquired and is evidenced by: Plat of Regina Palms Subdivision (Plat Book and identification, Deed, or other title evidence) recorded in: Plat Book 14, Page 82 (Plat Book and Page, Deed Book and Page, or Official Record Book and Page) Public Records of St. Lucie County, Florida. 3. Attached hereto as (EXHIBIT "B") is a sketch, accurately drawn, depicting the petition site as described in (EXHIBIT "A"), showing boundaries of abutting properties, any encroachments, drainage and/or utility easements, any structures within the petition site, and property benefiting from the abandonment. A copy of a portion of the appropriate tax map (8 t x 11), obtainable from the Property Appraisers Office, may be used for this purpose. 4. Attached hereto as (EXHIBIT "C") is a location map which clearly and legibly identifies the location of the petition site in relation to the nearest public right-of-way and all affected properties (properties within a minimum 300 foot radius of the petition site). A copy of a portion of ,the appropriate tax map (8 t x 11), obtainable from the Property Appraisers Office, may be used for this purpose. 5. Attached hereto as (EXHIBIT "D") is a list of property owners, including correct mailing addresses, property tax Identification number and legal descriptions of surrounding affected properties. (Note: County Staff may request additional information if it is determined that the proposed abandonment could have a negative effect on properties located more than 300 feet from the petition site.) 6. Attached hereto as (EXHIBIT "E") is a list of abutting property owners, including correct mailing addresses, property tax Identification number and legal descriptions of the adjacent properties. Such owners of abutting properties have signed a notarized statement consenting to the abandonment of public right-of-way and such signed statements are attached hereto as (EXHIBIT IE-1". IE-2", etc.) 7. Attached hereto as (EXHIBIT "F") , consecutively numbered "F -1". "F - 2". etc.. the signed consent of any affected utility providing service to or within the petition site and/or drainage district having jurisdiction over the petition site. 8. The Petitioner hereby certifies that in the event this petition is granted, the abandonment of the public right- of-way will not prevent other property owners from acceSS to and from their property, and no other property owner in the vicinity will be adversely affected 2. The Petitioner hereby certifies that the petition site is not a right-of-way which is part of or used for any State of Federal highway purposes; and that such right-of-way is under the control and jl.,lrisdiction of the St. Lucie County Board of County Commissioners. 10. The Petitioner hereby certifies that the petition site is not a public accessway to any publicly accessible waters in the County, orthat if the petition site proposed to be abandoned does provide such access, Petitioner hereby offers to trade or give the County comparable land or lands necessary for public access to the same body of water. 11. The petitioner hereby certifies that petitioner is the owner of property underlying or adjacent to the petition site as evidenced by an instrum.ent record ed in Official Record Book 13 ~ ~age 22 9 ~ St, Lucie County, Florida, a copy of which is attached as (EXHIBIT "G"). 12. The petitioner hereby certifies that all property taxes upon the Petition site, or petitioner's property adjacent to the petition site, are paid and current, or exempt from taxation, and a copy ·of a paid tax bill or statement of the County Tax Collector is attached hereto as (EXHIBIT "H"). 13. The Petitioner hereby certifies: (CIRCLE "a" OR lib" BELOW) @ that the petition site to be abandoned is NOT within the limits of any municipality, OR b) that the petition site to be abandoned lies within the corporate limits of and attached is their resolution of abandonment of the petition site as (EXHIBIT "I"). 14. The Petitioner hereby submits a statement (EXHIBIT ".]"") in support of this petition which states Petitioner's reasons for requesting the abandonment and the use to which the Petitioner intends for the land, 15. Petitioner hereby certifies that a NOTICE OF INTENT TO FILE A PETITION FOR ABANDONMENT has been published once weekly for two (2) consecutive weeks in a newspaper of general circulation in the County. The name of the newspaper and dates of publication are as follows: Fort pierce Tribune (Name of newspaper in which Notice of Intent was published) 12/01/05 (First date published) 12/08/05 (Second date published) A, COpy OF THE PROOF OF PUBLICATION SHALL BE ATTACHED TO THIS PETITION AS (EXHIBIT "K"). -,jOTICE TO PETITIONER: IF THE ABANDONMENT REQUESTED REQUIRES A PUBLIC HEARING PURSUANT ro LAW, PETITIONER SHALL BE GIVEN NOTICE TO POST A SIGN (17" x 24" OR 17" x 17") UPON THE 'ETITION SITE IN A CONSPICUOUS AND EASILY VISIBLE LOCATION, ABUTTING A PUBLIC :-HOROUGHFARE, WHEN POSSIBLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING GIVING .JOTICE OF THE TIME AND DATE OF THE PUBLIC HEARING ON THE PETITION TO ABANDON OR VACATE. THIS PETITION MUST BE EXECUTED BEFORE A NOTARY PUBLIC DATE X ilj IS )01 0 ~-;:¿ign:? / L:-- 'éfJtrO'),~ ::I1;l4Je QJ\ (J, Timothy J. Trefelner Type or print Petitioner's name Jennifer Melville Trefelner Type or print Peti:t±oner's name 332.Palms Avenue Petitioner's Address 332 Palms Avenue Petitioner's Address Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 772-460-2725 772-460-2725 COUNTY' OF St. Lucie Petitioner's Phone Number STATE OF Florida Before me this day personally appeared Timoth¥ J. Trefe lner who, being duly sworn, deposes and says: and Jenni er Mel~il~e Trefelner That they X:&(are) the Petitioner(s); and, That all of the representations and information provided in the petition is true and accurate to the best of Petitioner's knowledge, information and belief. Subscribed and sworn to (or affirmed) before me this _ day of ~anuary , 2dJ~, by Timothy J. Trefelner and Jennifer Mel~ille Trefelner who personally appeared before me and _ who is personally known to me. _ whose identity I proved on the basis of _ whose identity I proved on the oath/affirmation of ~a credible witness jjlfd ~ /] ~"-;" Notary Public . l~~tY >(¡He:¡. ~~ ~ i "'? 0, f\. otþ Notary Public State of Florida Kathleen S Rosman My Commission 00383522 Expires 02/05/2009 EXHIBIT \I A" Type the legal description of the petition site here That portion of Canal Drive, Iyi ng easterly of Lots 9 through 14 inclusive, Block 5, Regina Palms Subdivision, and Lots 9 though 14, inclusive, Block 4 Regina Palms Subdivision, all as recorded in Plat Book 4, Page 82 of the public records of St. Lucie County, Florida, being more particularly described as follows: Commence at the southeast corner of Lot 14, Block 5, Regina Palms Subdivision according to the Plat thereof, recorded in Plat Book 4, Page 82, of the public records of St. Lucie County, Florida; Thence east a distance of 30 feet to the west boundary line of the North St. Lucie River Water Management District Canal No. 22; Thencenortherly along the west boundary line of said North St. Lucie River Water Management District Canal No. 22 a distance of 640 feet to a point due east of the northern boundary line of Lot 9, Block 4, Regina Palms Subdivision; Thence west a distance of 30 feet to the northeast corner of Lot 9, Block 4, Regina Palms Subdivision; Thence southerly a distance of 640 feet along the east boundary lines of Lots 9, 10, 11, 12, 13, and 14, Block 4, and Lots 9,10,11,12, 13, and 14, Block 5 Regina Palms Subdivision to the point of the beginning. AND That portion of Poinsettia Avenue lying northerly of Lots 1,4,5,6,7,8, and 9, Block 5 Regina Palms Subdivision, as recorded in Plat Book 4, Page 82 of the public records of St. Lucie County, Florida, being more particularly described as follows: . Commence at the Northwest corner of Lot 1, Block 5 Regina Palm Subdivision, as recorded in Plat Book 4, Page 82 of the public records of St. Lucie County, Florida; Thence easterly a distance of 529 feet along the north boundary lines of Lots 1, 4, 5,6,7,8, and 9, of said Block 5 to the northeast corner of Lot 9, Block 5; Thence north a distance of 40 feet to the southeast- corner of Lot 14, Block 4 Regina Palms Subdivision; Thence westerly a distance of 529 feet along the south boundary lines of Lots 14, 15,16,17,18,19, and 22 of Block 4 Regina Palms Subdivision to the southwest corner of Lot 22, Block 4 of Regina Palms Subdivision; Thence south a distance of 40 feet along the east boundary line of Regina Drive to the point of beginning. EXHIBIT "BII Draw an qccurate sketch of the petition site and abutting properties, if applicable, or attach a Boundary Survey (preferred) ~ ~ .... ).\. , .. d " II c "- ~ : '" = ~ ~ : '- ":!o.. "'0 : ~ 2 . ~ O<.J ~ . ~ J\I ~ ~ ~ S j ~ 1 - "" " ~, - I\} ~ . t\, . ~ ~ ~ ~ .~ tIS"./ ~~ ~ ~ (sJ )\ ,~ ~ - .rð 1# II '" ., &Co ro ~ ~ ~ 3D Ai", :: " ?, "~ ". ; -- ." ~ _. -.. - ......--.--:--... .. . ~---I..~~" :: "~.- ; " ~ ~. ". .;"... .. -. - -".5""Z""ë!S . ~ :~ -q -- " -. - .-"-.- .,. - __0-- O'-'Z~ :: "' ~ ~ ", "- "-, -- scrrs 1\\ 'J ~ ~ ; ..... .,. \~; I" 'S,"fS' :; ~ " ~ :: N S--'r'.r~: ~ N t;J · Uin ::: ~ ~ "-.I S-7:1"$1 ~ '" tJJ ~ SUI,S, ;:; ~ ~ ~ ~ S?!OS". ....... , .oò>iB",,-", _ O.InCJ iii ~ ~ ~ .; ~ '0 .~ 0 ~ -\ òQ ...~ ... (1J ~ ~ r~ ~ ~ " ~» " ='::b < t'1 r~. ~r .( tn ti "" ". II " " l.T#,. "'- ~ .ti I\) N lJI t4 "'-j ..... \\ ~ ~ 0 -, ~ ~ ~ S II " - ~ ~ c,. '~ . -Q: . . 0J -.., " ~ " ~ . : ~ ; ~ ~ ~ ~ ~ . ".~ -." 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I 1.14Ac . . ,.. .. , " ..; .. , ... - ··II~ : f¡f" : I ~ I '" : , . . .. , .. , .. I ~ :>ti,T ., :, :II: » ~~I , .. II} , .. , .. ..: .-. . ("'2~"''''¡ '.21Ac . _.--.-,0 r11i'C"f."1f' ¡ ~ ~ i i i i i i i i i i i I I i i i i i i i i I i . [ , .. III.' , .. , .. , .. " . ....., ; ~"OO31..Q2QI'iI) 1.56Ñ 19 : .., , " , 'I..' J 11,1 111.1 . :':'1- ;':a : .. :;. " E.>< .1..' ..,.1 ,,1." - (502='~13¡ ..7i~ · . , , : -. .. ..~ .. " . : . .. , . . .. ..... : 2 - . .... : ,:!!')., . 111,11 , " 1502..oo~..oooI4) .""... P.S.L.. CHURCH Of CHRiST INC. f!oa:I.mt7oCØ:1 .. 2."'..... , - : : ID'N'Y Jou{T'VENTVR 24 .... : 2,.M).tJ; -= . .... : ~~ : (502- DQL6. 0101-1) \,.. ... _. .-. .. , : " : Z':i:. , : 1 : : ,.... . "'" - . '\. 111.'1 7\ i \ : " i \11 i i i i '].1 ~ , ~.,. ,_ø, // .......,. ::1'.' :;,r~t 'tGl~: i I IDW'/'·. \ J I ., j Þ.:.. ~ -, i 11t~.·~ s~· : . K ~~~~ - it% i 11/ ~ : J("~ 'V'4' L ..,.,.,,-.nT .....) .. , .., : :Co ~~ ,;. , .. '" PLl 300ft. Radius of the abandoned portion of Canal Drive and Poinsettia Ave ì I L.n '0 i~ ; !XI ,w '0 ~ I- 0:: o !C( CI ,:æ ',oJ :et ,0.; ic( iO iW :0:: rc( LN f·..··.. ······..í ! '''i' .. r ¡ ¡ \ 0:: o Legend :-. Canal Dr & Poinsettia Ave 300 ft. radius from abandonment II:::'.".!.! par~~~~..:lithin ~?? fh:adiUs : Sl lucie qourty makn no waflinty. rep 'lIeniatlon or þUi ;t.rt~ .i « ! to the con"''', sequence, ac.c;u~C)'¡ 1 ~lne.., or coll1l!le"'nell ~ :t :¡ I~":::: t.,eo:~~~~orp(";:~P:~~~ ~"In~.:eo:..t:;~~,~:~_~ ~ ~ Courty ~plk:. '". and wPrflnlll'. i W ¡ -:~ud;~:t:~ l.nI¿~~~y';:':=~~C) no Mabii\ty lor: 1. Ar'f .no.., omi~., or l1acturKin In the i lnIomjilllon RIOvldecl r.g.nll.l~ of hþw uuaed; orf' ArP¡ 1 declaio(1m1dlOflcliantlkenO!'noliakenÞYlfT'(pellonln ! llllil~r upon Irrt InIoJJYWtlon or dal~ LM11IIhed **runG'r. . ,.r./ ,J.... / /./.... ~// ~ ,,' ,~', f'''-' ~, ~\ ì() ~, " ,...' ~,., , '......·m mN A 0:: o w w 0:: I- W ~ FLOR DA AVE ,,/' /'( ! 1... . ',. / (' .~/'" ^~". ,"'1'!i"¥>uy,~, j GIS ". '..:'.- m AfJfillCj06 Exhibit "D" Owner Name and Address Tax I.D. Number and Property Legal Description JW/ DW Family Trust 3403-501-0077-000-4 154 Commodore Drive REGINA PALMS SID BLK 4 LOTS 1 TO Jupiter, Florida 33477 22 INe. AND S 1/2 OF V AC ENGLAR A V ADJ ON N AS PER RES 88-60 Timothy J. and Jennifer M. Trefelner 3403-501-0107-000-4 332 Palms Avenue REGINA P ALMS SID BLK 5 Fort Pierce, Florida 34982 LOTS 9,10,11,12,13,14 David W. and Pamela F. Lawrence 3403-501-0105-000-0 340 Palms Avenue REGUBA OAKNS SID BLK 5 Fort Pierce, Florida 34982 LOTS 7, 8, 15, 16 George R. and Deborah F. Hart 3403 - 5 01-0104-000- 3 344 Palms Avenue . REGINA P ALMS SID BLK 5 Fort Pierce, Florida 34982 E 1/2 OF LOT 5 AND ALL LOT 6 George R and Deborah F. Hart 3403-501-0115-000-3 344 Palms Avenue REGINA PALMS SID BLK 5 Fort Pierce, Florida 34982 LOT 17 AND E 1/2 OF LOT 18 Timothy J. and JenniferM. Trefelner 3403 - 5 0 1-0 194-000-0 332 Palms Avenue REGINA PALMS SID BLK 8 Fort Pierce, Florida 34982 LOTS 7,8,9,10 AND 11 Barbara S. and Harold W. Camden 3403-501-0199-000-5 4805 Canal Drive REGINA PALMS SID BLK 8 Fort Pierce, Florida 34982 LOT 12 Barbara S. and Harold W. Camden 3403 -50 1-0200-000-6 4805 Canal Drive REGINA PALMS SID BLK 8 Fort Pierce, Florida 34982 LOTS 13, 14, AND 15 Harold Turner 3402-605-0118-000-0 PO Box 61768 INDIAN RIVER ESTATES-UNIT 04 Palm Bay, Florida 32906 BLK 38, LOT 4 Jeanne S. Beare 3402-605-0119-000-7 4609 Buchanan Drive INDIAN RIVER ESTATES-UNIT 04 Fort Pierce, Florida 34982 BLK 38, LOT 5 Leamond D. Martin 3402-605-0120-000-7 4611 Buchanan Drive INDIAN RIVER EST ATES- UNIT 4 Fort Pierce, Florida 34982 BLK 38, LOT 6 Jarune Macmanus 3402-605-0121-000-4 4613 Buchanan Drive INDIAN RIVER ESTATES-UNIT 4 Fort Pierce, Florida 34982 BLK 38, LOT 7 N. Leon and Reba J. Lay 3402-605 -0 122-000-1 418 NW Dover Court INDIAN RIVER ESTATES-UNIT 4 Port St. Lucie, Florida 34983 BLK 38, LOT 8 Clint Weems 3402-605 -0123 -000-6 , 4703 Búchanan Drive INDIAN RIVER EST ATES-UNIT 04 Fort Pierce, Florida 34982 BLK 38, LOT 9 Lee P. and Brenda LaBaff 3402-605 -0124-000- 5 4705 Buchanan Drive INDIAN RIVER ESTATES-UNIT 4 Fort Pierce, Florida 34982 BLK 38, LOT 10 Howard W. and Sandra Dunn 3402-605-0125-000-2 PO Box 12459 INDIAN RIVER EST ATES-UNIT 4 Fort Pierce, Florida 34979 BLK 38, LOT 11 AND 12 John B. and Sheree J. Posthumus 3402-605-0127 -000-6 5904 South Rogers Road INDIAN RIVER EST ATES-UNIT 4 Hawks, MI 49743 BLK 38, LOT 13 EXHBIT "E" (list of abutting property owners) !! Owner Name and Address Tax I.D. Number and Property Legal Description JWI DW Family Trust 3403-501-0077-000-4 154 Commodore Drive REGINA PALMS SID BLK 4 LOTS 1 TO 22 INe. AND S V2 OF Jupiter, Florida 33477 V AC ENGLAR A V ADJ ON N AS PER RES 88-60 David W. and Pamela F. Lawrence 3403-501-0105-000-0 340 Palms Avenue REGUBA OAKNS SID BLK 5 Fort Pierce, Florida 34982 LOTS 7, 8, 15, 16 George R. and Deborah F. Hart 3403-501-0104-000-3 344 Palms Avenue REGINA P ALMS SID BLK 5 Fort Pierce, Florida 34982 E V2 OF LOT 5 AND ALL LOT 6 Vincent M. Molina 3403-501-0102-000-9 328 Palms Avenue REGINA PALMS SID BLK 5 Fort Pierce, Florida 34982 ALL OF LOTS 4 AND 19 AND W V2 OF LOTS 5 AND 18 John e. and Linda S. Vance 3403-501-0099-000-4 4700 Regina Drive REGINA PALMS SID BLK 5 Fort Pierce, Florida 34982 LOT 1 AND N V2 OF LOT 2 North st. Lucie Water ~l 22 lies to the east of Canal Drive wi thin Control District 2721 S Jenkins :Road Reglna Palms Subdivision recorded in plat Book 4 Fort Pierce, FL 34981 Page 82 Public Records of st. Lucie County Exhibit "E" AFFIDAVIT OF CONSENT FROM ABUTTING PROPERTY OWNER COUNTY OF ST. LUCIE STATE OF FLORIDA BEFORE ME this day personally appeared who being duly sworn, deposes and says: Steven D. Cassens 1. I am the President of the North St. Lucie River Water Ctmtrol':" District ("District") which is the owner of North St. Lucie River \Vater Control· District Canal No. 22. Said Canal No. 22 lies to the east of Canal Drive within the Regina Palms Subdivision as recorded in Plat Book 4, Page 82 of the public records of S~. Lucie County, Florida and specificaIJy to the east of that portion of Canal Drive which is sought to be abandoned by Petitioners in this matter. 2. The District has been furnished a drawing which clearly indicates the right-of-way to be abandoned and its relationship to the District property. 3. The District hereby consents to the abandonment of the described site set forth in said Petition which site is adjacent to the District property on its west side. WHEREFORE, being duly sworn, the undersigned states that the foregoing information is true and correct to the best of my knowledge and belief. North St. Lucie River Water· Control ' District by: ~ \~ Printed Name: Steven D. Cassens Date: \ t ~ \5¡ \ ~~ President o¡L Sworn to b re me this æ day of (1J/fL ,,2006 ýJlÅA-L a@¡(LL_ Notary PUbli~ ,. ~ State of i 1¿( '(].> My Commission Expires /1-& -01 Personally known ¡/ or Provided as Identification CAROlA. DONAHUE H*y PuI*; - SIIit 0/ FIaridI CcIIM 1IIIon ExpinIs Now 1', aooø CoIMlllllcn' DO 491585 .... ~ NIIIonII Nc*My~ EXHIBIT liE - L" . (attach one for each abutting property owner) AFFIDA VIT Of CONSENT FROM ABUmNG PROPERTY OWNER COUNTY OF St. Lucie ST ATE OF Florida Bef~re me this day personally appeared Jo'hn c. & Linda S. Vance deposes and says: who I being duly sworn, they ¡sCare) the owner(s) of: 03 36S 40E REGINA PALMS SID BLK 5 LOT 1 AND N1/2 OF LOT 2 (0.23 AC) (OR 758-650) That they have been furnished a drawing which clearly indicates the Plat, easement or right-of- . way to be abandoned and its relationship to their property.. That they hereby consent to the abandonmer.tt of the described petition site which is adjacent to my property, as described above I on the (check one) ---1L North ~ South _ East _ West. . ¿.. \) ó'd.(¡- L.[ tv - -Ct:} ~.,. 06 / f'2j '1 $~/~~ tëb~\[l526- ~-4y- lrp...-<:J I;t-I?-~\~ Subscribed and sworn to (or affirmed) before me this ~ day of ~¡ I I 20D ~ I by DL . .. .' who personally appeared.\before me and _ who is personally known to me. _ whose identity I proved on the basis of _ whose identity I proved on the oath/affirmation of \ ^ _ I a credible witness ^\ ' c:_ V\+:} VAYl (~ ~ ~0~\~ ~ - \ I John C. Vance and Linda S. Vance that the above/foregoing statement is true and correct to and believe. ......." CLAUDIA 1I....~~y ~ "",-., SANTI8ANEZ I \ Notary Public - Slale of Florida . 'JM't CommIasIon Expires Jun 21,2009 ~'DD443210 Banded a, NIIIonII NoIIty AIIII. EXHIBIT liE - 2- II . (attach one for each abutting property owner) AFFIDA VIT OF CONSENT FROM ABUTTING PROPERTY OWNER COUNTY OF Sf. L-tA.. Co,' -e.. S TATE 0 F r 10 V/ 'd A- Before me this day personally appeared U, ',Jce¡-J f Wk.,.k M r; (¡'HI~ deposes and says: .f. . vr!f/Jtði; .J: ~M ~theowner(s)of: 3'f9 ralw.-5 ~. Fi-·P,·~vc.~/ f-L 34JCf2- . who, being duly sworn, (leg?1 description of property) That ~ have been furnished a drawing which clearly indicates the Plat, easement or right-of- . way to be abandoned and its relationship to M \) property. I That ;¡:::.. hereby consent to the abandonmer.1t of the desgjbed petition site which is adjacent to my property, as described above, on the (check one) ~ North ~ South /Êast _ West. V;,Jr'-ent- ~ýl< JV/()I"~rl- I being duly sworn by me, declares t. hat the above/foregoing statem~ is true and corrrt to the best of hiS/.her./their knowledge and believe. V~~\M~ l~~~~ Sub/cribed and sworn to (or affirmed) before me this ¿, "jay of A/,c,,;¿· ,20tPb, by V¡)/?¡;¿// #1 #?/é #6/t;V'Co./ . . / who personally appeared before me and v"Who is personally known to me. -'- whose identity I proved on the basis of _ whose identity I proved on the oath/affirmation of , a credible witness h (jJ7 ....LXNtNJ.ööMY·' (t'þ CommIIeIon' DD0202353 ¡ ~~~ EJ1p1rw14I1W2007; ff... Bonded ttvough : (1100-432~) florida NcùtV Aaan., Inc. : . II' ............ .... II.... ..... ...h.. II .......... ., Notary Public EXHIBIT liE - 3 _" . (attach one for each abutting property owner) AFFIDA VIT OF CONSENT FROM ABUTTING PROPERTY OWNER COUNTY OF \1"- !- LA c- i P. STATE OF £1 òn' J CL- Before me this d~y personally appeared G e ov' j ¿ R. H (), ý t who, being duly sworn, deposes and says: .J) e b O](lÀ..h F. H{Ä ¡r-r iB the owner(s) of: t~'/;¿ ~ ~ S;~ o..U1 kt; ~~X1k IJ~oH J.Y 1/ () P. 5' R.¿~C^/.f~ ~ ~.J~. ~~ 1 dr'- II, ([)~ ¡,(legeM description of property) . . --:':1" . fÛ-Ì -J.L4 ,~ .<-- ~ hrJ¿ 'I, P"j'- f' ;¿. J ~ ~ ~.k fj )J.. I~ c·~ (::I!~~. . That ìrJ -e.. have been furnished a drawing which clearly indicates the Plat, easement or right-of- . way to be abandoned and its relationship to () u. ý property. That &/º- hereby consent to the abandonmel':1t of the described petition site which is adjacent to my property, as described above, on the (check one) X- North _ South _ East _ West. , being duly sworn by me, declares that the above/foregoing statement is true and correct to the best of his/her/their knowledge and believe. ()If. ~ ¿ . ,")! Q. Œ 0. . JtJ~ \1-0 ,,~ Subscribed and sworn to (or affirmed) before me this 3/ ~day of M {brc.~ , 20~, by / who personally appeared before me and /who is personally known to me. _ whose identity I proved on the basis of _ whose identity I proved on the oath/affirmation of I a credible witness ~~ø:k- Notary Public BARBARA F. PlOCHA NOTARY PUBLIC· STATE OF FlORIDA COMMISSION it 00144«3 EXPIRES 9I29l2OO6 BONDED THRU I-aas-NOTARYI EXHIBIT liE - L" . (attach one for each abutting property owner) AFFIDA VIT OF CONSENT FROM ABUTTING PROPERTY OWNER COUNTY OF ~. Lu,.c.Å e.. ST ATE OF f\ (T'( töo.- Before me this day personally appearedYo..\J"r\ 'v~ .~--:VQfYìe\a ~ deposes and says: lQW (eJf"tC e- . who, being duly sworn, weJ is(are) the owner(s) of: 'ß\'K 5 1\ cAs i l r 6 \ S~.l \ lo \<~'jì c\<>-.. \)Q\¡y., SID (legal description of property) That W ~ ~ have been furnished a drawing which clearly indicates the Plat, easement or right-of- . way to be abandoned and its relationship to oL.ú property. That W\f.." hereby consent to the abandonmel1t of the des}ribed petition site which is adjacent to my property, as described above, on the (check one) ~ North _ South _ East _ West. ~o"V :r\ \~~ \?o<Y\Jo.... F. \..0.. \JJ {' )(X\C.L, I being duly sworn by me, declares that the above/foregoing statement is true and correct to the best òf his/her/their knowledge and believe. f). . . ~_ øJ../. ,//) ~~Y//d~ ;f~~~ Subscribed and sworn to (or affirmed) before me this 3 day of ~GL· I 20cE.> I by~v ~ \..Av-.:>~<"",,-.d- (?~,-..(".~ L.;A\.¡..J(.....~~'-: . . who personally appeared before me and ~ who is personally known to me. _ whose identity I proved on the basis of _ whose identity I proved on the oath/affirmation of , a credible witness ~j(~;.\0~~'~!6^ ,,'; Notary Public March 13, 2006 JW/DW Family Trust 154 Commodore Drive Jupiter, Florida 33477 Dear JWI DW Family Trust, My name is Jennifer Trefelner and I live at 332 Palms Avenue in Fort Pierce. I am petitioning St. Lucie County to abandon: Poinsettia A venue from Regina Avenue to Canal Drive and Canal Drive from Palms Avenue to Englar Avenue. I have enclosed a map of the area and highlighted the two roads tobe potentially abandoned. In the past; St. Lucie County has granted land that is abandoned to the landowners on either side of the indicated area. For example, it is possible that you would be granted 15 feet of Poinsettia Avenue from Regina Avenue to Canal Drive and 30 feet ofland on Canal Drive from Englar Avenue to Poinsettia Avenue. If you have no objections to me submitting to the road abandonment, please sign the attached form, with a notary witness, and mail it back in the enclosed envelope. If you have any questions, please do not hesitate to call 772-460-2725. Best personal regards, (~JW& U 1~IJJ¡Î ŒJmifer TrIlner ~ EXHIBIT u- t- ~IJ (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITY ¡DRAINAGE ENTITY 3/0/D(¡; / I . DATE 00 Sou-- -\-'h UTILITY COMPANY ~~o Ot'-("~ChDh~é: e.oodJeDom¿I,3 ADDRESS r+.P¡-eV{e/ FIDVida 3~q47 CITY, STATE ZIP RE: Petition to Abandon/Vacate (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and de$~ription of the site proposed to be abandoned. A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, ple~se contact me at 112- Z ILD-1.02~ . Thank you for your assistance in this matter. Sincerely, ~~ lye-fe vUJt (Petitioner or agent) Enc. Petition site sketch and description. *~**********************~**************************************************************************~~****** Consent as requested L/ ~ Consent with the following conditions: Consent Refused ftr¡ ¡fJ (¡at;f .hv. r Date: ~ I C:. ! 2000 Authorized Representative - EXHIBIT "F - 2 II .I . . (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITY ¡DRAINAGE ENTITY DATE 3/13/ Ou I I I D Y 'Ida OV\J -e v a Li h.J- UTILITY COMP ANY Prttn : M c CAe IIet-rO. Qfa Y1~C. AvtnUJJ ~ H-. P'I~Vl1 FIDY¡ciQ 31lL{Î 1 CITY, STATE ZIP 83DI ADDRESS. RE: Petition to Abandon/Vacate (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me atí12" 'l.ILP· LPZ. CJt:; Thank you for your assistance in this matter. Sincerely, íN+&~ Enc. Petition site sketch and description. ~~~~~~~~~~~~~~~~*~~*~~*~~~~~~*~~~~~~~~~~~~~*~~**~*~**~~*~~~~~~*~******~***~**~*~**~~~~******~*~**~~**~~ Consent as requested z.. Consent with the following conditions: Consent Refused Date: /Î'pf(lL &, Z>()Db I Ú¡.., A EXHIBIT . UGH Proof of ownership of petition site or adjacent benefiting property ,._~,-----~...., ' ,,- >- I- :z: :::J 8 w - ~ -' >- z ã: LI) ID IO- N ...·N Q: :::J\2j Sa: c.. I- _0- a~ 0::..... - U:w: o wO :I:¡::Q I- u..15P! o .. .....0 ""......... a::..... wC>' -'ID..... UIDO ....., . ~ a.., x:...'" -'CUO' O~·, :I:§aJ WZ'C :z; L.. :Z;CUO ê5:::::!d 1""":ILJ...a:: 888 OC'JO o ~ ......... ú ~ iíÍ><>< m",,,, a: 1-1- uu.... DOC Q,::n-4 , " This Warranty Deed Made Ih!a tf7,( l1&yof r/ð ~ Jean Illan Nil.on, an f A.D. #/1 WUll&rrhd adul t bercin&I\u c&lled the IfIIIIOr, 10 Timothy J. Tretelner and Janniter M, Melville, both WUll&rrhd adult. , _ joint t8WIU with Ml n<jlta of aJrViYCahip.-d ~ _ ~ in wbosc post office add=a II: 332 Palma Avenue rort ~ierce, r1 34982 hereinafter c&lled the ¡no1CC: cw-- ualloaN Ibo ... 'JIII*W' ..... . ¡raIIIic' ""Jude III .... ponIa 10 dill """"- &ad Ibo MIn, IcpI ~ ..... uaIpo of ~ UId .. __ &ad uaIpo of CGI ICRÓOaO) Witnesseth, thai the pmIOr, for and in cozWdcnLiOll of the IUI!I of S 10.00 andOlbcr valuable COI\IÍdCnI.ÎOIII. receipI whereof Is bc:rcby IlåDcwlcd¡ed, bc:rcby ¡ranlI. bar¡ains. sella. aliau, rcmi.scs, releases. COQVC)'l and COI1fumIIlllIO the ¡rantee. all thai cc:naiD 1md IiIU&lc in St. Lucie CowI!)', Florida. vIz: Lot. 9 through 14 inclu.ive, Block 5, RlQ1NA PALMS according to the plat thereot, recorded in plat book 4, page 82 of the public record. of St. Lucie County, Florid.. SUBJECT TO covenant., re.triction., e..ament. of r.cord and taxe. for the currant ye.r. Parcel 1D '1 3403-501-0112-000/2 and 3403-501-0107-000/4 Toteilierwith all the \CDCIDCIlIS, bcrcdiWDl:ll1l and IbmIo bcloogin¡ or inlllywiSC 1ppCIUinin¡, To Have and to Hold, thC: ImIC in fee ~Ie forever. And the granlDr bcrcby txlvcnanu with u.id panICC thai the ÌJ lawfully seized of u.id land in fee simple; thai the ¡ranIDr Iw ¡ood ri¡hl aDd lawful authority 10 sell aod txlDVcy. iii ; thai \be Jl'llllDr bcrcby fully wamnIJ , the titJe 10 said lmd aod will dcfcod the ImIC a¡ainsIthe lawful of wbomsoC'vcr¡ aod thai said 1md is free of all CDCIIIDIIr'aD6c c=P( Ia1ø aa:ruiø¡ IUbscqucDI 10 0 0 0 In Witness Whereof, the uid ¡ranIDr Iw aipxd ind scaled these WTÏt1cII. Signed. s Stale of Count)' of . /III ~y r#lJR¡f(Á!,~ woo iJ prnonaJly known \0 II)e or who Iw produced fIJþl)¡J }fltlEr/.f t.lt'r/",JS¡; IS idenùfi~ioD. WD-I jl9J N Public PIa ""-: ¡, 7 c-m;..ioo E>pva: PREPARED BY. Veroni~a sWOrd]' C.L.C. RlCORD , RITUitN TO. fJw... J.-, 'ir.t American Titl. fnlur ce Company 118 North 2nd Stre.t Ft. Pierce, Florida 34950 r11. NOI rA 01-01-0127 ,.~.'~' ~"'::~~~ :.~...~...".,....~.. . LS ,- EXHIBIT "HI! Certification of taxes paid on petition site or adjacent benefiting property lax. ~Ulle(';lUl Ù~. wLlvlv ,-,ULUHY .L lVU"'''' á Bob Davis, CPA, CGFO, CFC ORIGINAL 2005 REAL ESTATE ~ County Parks MSTU .2500 . 11.54 Co Public Transit MSTU .0900 4.15 ::::::::~:~g~$:~:9:~B9:~:9.1:!ii:2:B90@:tt::i:::::: Trefelner Jr, Timothy J Trefelner, Jennifer M 332 Palms Ave Fort Pierce,FL 34982-7054 Erosion District E Environ Signif Land Bond Law Enf, Jail, Judicial Sys Co General Revenue Fund st Lucie County port Bond st Lucie Co storm Wtr Mgt st Lucie Co Corom Dev MSTU Law Enforcement MSTU Childrens Service Council St Lucie Co Fire District FL Inland Navigation Dist Mosquito Control .School Non-voted Cap Imp School Req Loc Ef/Discret S FL Water Mgmt District 03 36S40E REGINA PALMS SiD BLK 5 LOTS 9, 10, 11, 12, 13 AND 14 (OR 737-114: 1695) .1000 .1154 2.9807 4.2619 .0216 .4108 .5256 .3544 .3915 2.7562 .0385 .2757 2.0000 5.9220 .6970 4.61 5.33 137.56 196.68 1. 00 18.96 24.26 .16.36 18.07 127.20 1. 78 12.72 92.30 273.29 32.16 N st Lucie Wtr Mgmt Dist Water Mgmt .125@Asd¡$25Min 25.00 AlJ. TA.XeSBE;{;QMf¡¡ Pf¡;I,.XNQUfNT APRIL 1ST. I. ··.",;,,·,'·"·"··"":'·HO!ii<MJVÁlORE':MAS,SE$,$..MEr{ii¡, $195 . 88 J "'lIDS TO 80a DAVII, 'fAX COLLBC'I'OI - '.0. !lOX JOI - n. .n:ac:l, rL 34154...(1)01 :!.::::::!:!::.::::!!f.¡:f·~.~¡~ii0i¡j:·.!i¡j!lii!·::·j·:.:·.:,::ti!~!12!!,0j:ij!j'li:¡¡!:!:::!::!·:·¡:;:!:!¡~:::'lfi:8!:;·j·~:%:::,:::::.':::::·::··,·:¡!·::J:~!:[~%::~,,~,~:':::::::Œ: :;:;=::::;:::::;:::::::;:;=;=;:;=::::::::;:.;.:::-:::::' . .;.,.::;.;:::;.:.;.:;:::.:./:;:.;.:.:.:.:.;::::::;=::;=::;:;:;:;:::;:;:;::; .:.;.;.:.;.;.:.;...:...;.;.....:...;.:::.............................. -, .., ::...::......:..:.:... ::q~:3.$r ·.::::;:;::)f;Ëiß:'2f¡; ......... ::::~:)$¡:)r::::::¡::::::::·:~~~::·:@:Ø·):: *** PAID *** PAID *** PAID *** 11/28/05 PERIOD 1 77-20051128-028288 $1,126.90 CK The information contained herein does not constitute a title search and should not be used as such. This Internet service is subject to verification by the St Lucie County Tax Collector. http://www.tcslc.com/db/bi lls/bill ,asp?qFrom=T A.X&qDetailRec=3403 -50 1-0 1 07 -000/4 11/29/2005 . . EXHIBIT II I II . Resolution of Abandonment by Municipality (Only if petition site is within.a municipal.ity) NOT APPLICABLE. NOT WITHIN A MUNICIPALITY. ,. EXHIBIT "J" PETITIONER'S STATEMENT IN SUPPORT OF GRANTING PETITION Upon St. Lucie County Staff suggestion, the original area of abandonment (Canal Drive from Palms Avenue to Poinsettia Avenue) has been increased to now include all of Canal Drive from Palms Avenue to Englar Avenue and Poinsettia Avenue from Regina Drive to Canal Drive. The request to extend the boundaries of the abandonment are to show uniformity in the abandonment of right-of-ways that can never be used by the public. One area which is the subject of this Petition for Abandonment is the 30 ft. wide right-of-way for Canal Drive lying northerly of Palms Avenue and nmning from Palms Avenue to the now abandoned fonner Englar Avenue. This area is a substandard 30 ft. right-of-way which runs northerly from Palms Avenue and then simply reaches a dead end behind the properties which front on Weatherbee Road. Many years ago, Palms A venue extended through to Weatherbee Road, but that area was abandoned long ago. In addition, Englar Avenue used to run easterly from Regina Drive to meet Canal Drive, but Englar Avenue was also abandoned many years ago. Accordingly, the remaining segment of Canal Drive simply dead ends without any T intersection, turnaround or outlet. Thus, it has become completely useless to the public as a roadway and serves no useful purpose. The adjoining property owner to the east of Canal Drive, the NOlih St. Lucie Water Control District, has specifically consented to the abandonment. Canal Drive serves no purpose for the Water Control District and the consent from the District has been attached to the Petition. That portion of Poinsettia Avenue lying between Blocks 4 and 5 of Regina Palms Subdivision exists only on paper. This roadway can never be built, becausethis area is now a lake of considerable depth bordered by substantial wetland vegetation. Thus, Poinsettia Avenue has no useful purpose, can never be built and exists only on the paper Plat originally recorded many years ago. In addition, Block 4, Lots 1 through 22 have been legally deemed a "Conservation Area". The Conservation Easement of Regina Palms Subdivision in accordance with Section 704.06 Fla. Stat. (1985), as amended by Ch. 86-44, Laws of Fla., over and across the real property of the above, has been deemed a "Conservation Area" in Resolution No. 86-235. No buildings, roads, signs, billboards, etc. may be built on Block 4, Lots 1 through 22. As a consequence of the foregoing, Canal Drive from Palms Avenue to Englar A venue and Poinsettia Avenue from Regina Drive to Canal Drive can never be used by the public, have no outlets and are of no use or value to the public. " EXHIBIT II Kif . (Proof of Publication of Notice of Intent to File a Petition for Abandonment) SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION ~:&~ ". SCRIPPS HOWARD STATE OF FLORIDA COUNTY OF ST, LUCIE Before the undersigned authority personally appeared, S. Darlene Mailing, who on oath says that she is Classified Inside Sales Manager of the Fort Pierce Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was publshed in the Fort Pierce Tribune in the following issues below, Affiant further says that the said Fort Pierce Tribune is a newspaper published in Fort Pierce, in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Fort Pierce Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copvline PO# JENNIFER TREFELNER 1355931 3/22/2006 NOTICE OF INTENT PETITION TO ABANDON JENNIFER TREFELNER 3/29/2006 Subscribed and sworn to me before this date: March 29, 2006 ~" '1t4JJu.:J~jJ~ ;"{f ~(ßy Notary pu~ ~ - - -, m'~~~"""" '" ~A"Y T. BYRNE l \ Notity'públic - stats of FlorIda ~. . È My Coo1missbn Expiœ AiJg 2. 2m! ~ ~:: Commmiuion , DD132804 '''''rs.r,..~' Bonded By National Notary Aasn. :W,~~Huny ,èrs,<cl.ose,v :;,~ß,~D·a.~pth~! .. _, .' .ofl ta.iRptJl,lc., roadJl~r.el nafte\ de'scribe~ lariô'renounce '''ÍI.'.rid'''.·.d.'.i. scl~i ii\:. á.h. ;v':\r'ig ~f 6j :.!"';.'\.J.:~: ' .-' r· - .,~,_",;.!l," -¡, -", ;St;,.ILucieCoubty'anct thE ,þ',u6lic in 'iJp'd:;t0 ,,¡th e 'fa þds·.·lyi ¡'¡gf.wiiHiÍ'i~J~al pc¡Vion 'ofsaid';puQlii Joà/j,Ca naIPrive;'in'sf ,LHri~.;E?~nty ,Fi.otJd¡ """':' ;,:[;:;·;:,'7:'·~).·,~ Poinsettia', Avenue>:fiorri' !,\~gina:';AVe\1ue)p C~há( f Qtivgap.d',..Sana!. Drive frprn~p,al:ms f',ve.,n,ue¡;tp \.' .,.... EnglarAvenue.' .¡. ;: _:.';;:".-:.'.' '," :",:,_'-, i,-I Pub: March 22, 29.' ,2. .006,'" I ",I , ./., 135593f, I 'j I ,~\ '~ " AGENDA REQUEST ITEM NO. .513 DATE: July 18, 2006 REGULAR [ ] PUBLIC HEARING [x ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Continuation of Second Reading - Ordinance No. 06-022 - Provide for the option to impose a Privilege Fee for the Abandonment of Real Property or Right-of-Way BACKGROUND: See CA No. 06-1116 FUNDS AVAILABLE: PREVIOUS ACTION: The Ordinance was heard by the Local Planning Agency on May 18, 2006 and was forwarded to the Board with a recommendation for approval with one change. The Ordinance was heard by the Board on June 6, 2006 for its first reading. Second Reading was postponed from June 20, 2006 meeting. Second Reading was postponed from June 27, 2006 meeting with directions to staff regarding changes to the Ordinance. RECOMMENDATION CONCLUSION: Staff recommends the Board adopt Ordinance No. 06- 022. r,¿l· APPROVED [ ] DENIED ["1 OTHER: Approved 5-0 Motion to approve as amended. E: COMMISSION ACTION: Dou as . Anderson County Administrator [X) County Attorney: Y 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 ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 06-1116 DATE: July 18, 2006 SUBJECT: Continuation of Second Reading of Ordinance No. 06-022 - Provide for the option to impose a Privilege Fee for the Abandonment of Any Real Property or Right-of-Way. BACKGROUND: Attached to this memorandum is a revised copy of proposed Ordinance No. 06-022 which would amend the St. Lucie County Land Development Code by amending Section 11.10.02 to provide the Board with the option to impose a privilege fee for the abandonment of the interests of the County in and to any real property or right-of-way when certain criteria are present. These criteria are as follows: i. The County paid consideration for the subject property at the time of its acquisition; or, ii. The subject property has a value in excess of five thousand dollars ($5000.00) as determined by the Property Appraiser; or, iii. The abandonment of the subject property would allow increased density on the benefitting property. The privilege fee would not apply to a petitioner who is the original gratuitous donor of land, nor when section 255.22, Florida Statutes or a reverter clause applies, nor when the Board finds that the subject property is a nuisance to the County. If assessed, the privilege fee is equal to the value of the County's interest that is being abandoned. This is calculated in one of two ways, as determined by the Petitioner. The Petitioner may submit an appraisal or the value may be determined by the value of the abutting property, as established by the most current Property Appraiser records. The Ordinance was heard by the Local Planning Agency on May 18, 2006 and is forwarded to the Board with a recommendation for approval with one change. On page three, line five, the Local Planning Agency added the words, "and for any other public use." The Ordinance had its first reading before the Board on June 6, 2006. The second reading was postponed by the Board on June 20, 2006 and on June 27, 2006 with directions to staff regarding changes to the Ordinance. RECOM M ENDATION ¡CONCLUSION: Staff recommends adopting Ordinance No. 06-022. ~~AA/\Ið- f Heather Sperrazza L:J; -- ) Assistant County Attorney HL/ ORDINANCE NO. 06-022 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 11.10.02 TO PROVIDE THE BOARD Of COUNTY COMMISSIONERS WITH THE OPTION TO IMPOSE A PRIVILEGE fEE fOR THE ABANDONMENT OR VACATION Of THE INTERESTS Of THE COUNTY IN AND TO ANY REAL PROPERTY OR RIGHT-Of-WAY; 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 336.09/ florida Statutes (2005)/ to renounce or disclaim any right of the county and the public to land prescribed for or delineated as a right-of-way and to abandon any existing right-of-way; and, 2. On August 1, 1990, the Board of County Commissioners of St. Lucie County, florida, adopted the St. Lucie County Land Development Code. 3. 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 - 01-03 - 02-09 - 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 December 18, 2001 March 5, 2002 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 96-1 0 - 97-09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - 00-11 - 00-13 - 02-05 - 02-20 - 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 June 24, 2002 October 15, 2002 02-29 - October 15, 2002 03-05 - October 7, 2003 04-02- January 20, 2004 04-07- April 20, 2004 04-33- December 7, 2005 05-01- March 15, 2005 05-03- August2,2005 05-04- August 2, 2005 05-07 - January 18, 2005 05-16- August 16, 2005 5. On May 18, 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 June 6, 2006, 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 May 23, 2006. 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 with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows, include: 11.10.02 PETITIONERS A. Unchanged B. Unchanged C. FEES 1 Application Fee: The application fee shall be determined in accordance with Section 11.12.00. £. Privilege Fee: a. At its option. the Board of County Commissioners may impose a privilege fee. payable by any firm. person or corporation petitioning the Board of County i.. Commissioners for the abandonment and vacation of the interests of the County in and to any real property or street. alleyway. road. highway or other place used for travel. or any portion thereof. if the following criteria are present: i. The County paid consideration for the subject property at the time of its acquisition; or. ii. The sub ject property has a value in excess of five thousand dollars ($5000.00) as determined by the Property Appraiser: ~r , . . p¡ /.;Å iii. The abandonment of the subject property would allow Increased ~ ~ density\:n the benefitti,:: property. ~. þ<' «-I"...,- _ 0-- ''1-~,:>ø Þ/6.Æ"'1- /~ 0- N.-:_ b. If the Board of County Commissioners chooses to impose a privilege fee. ~. I4r.. such privilege fee shall be equal to the value of the County's interest that is being f,....,fe,.'k../'tC:.r abandoned. The petitioner has two options to calculate the value of the County's interest: c. Such privilege fee shall not be imposed upon a petitioner who is the original gratuitous donor of the County's interest to be abandoned. nor when Section 255.22. Florida Statutes. or a reverter clause in the instrument of conveyance to the County shall take effect. or when the Board of County Commissioners determines that the property to be abandoned constitutes a nuisance to the County. /"'"'..~ d. If imposed. such privilege fee shall be for the purpose of making available funds for the County's VG~ a~iA&I'~ll(iir;¡ pr~~9s to acquire real property for road rights-of-way. beach access strips and other open space recreational land for public use and for any other public use. Such privilege fee shall be in addition to an application fee to reimburse the County's administrative expenses connected with petitions for abandonment. D. EXCEPTION TO FEES DUE The application fee and any privilege fee may not apply when the petitioner will convey necessary real property for County rights-of-way designated on the County Thoroughfare Network Right-of-Way Protection plan, which is equal to, or more than, the .... total square footage to be abandoned, as determined by the Board of County Commissioners. 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. SEVERA BILITY . 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. 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 E. EFFECTIVE DATE. This ordinance shall take effect on July 24, 2006. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward Vice Chairman Chris Craft Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinancell may be changed to "sectionll, "articlell, 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 G shall not be codified. PASSED AND DULY ADOPTED this _ day of ,2006. ATTEST: BOARD Of COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney G: \A TTY\LUEKE\Ordinances\06-022.abandon revised.wpd '\. To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: C:=J APPROVED G(J OTHER Agenda Request Item Number Date: Consent Regular Public Hearing Leg. [ ] Board of County Commissioners Growth Management s-c 07/18/06 [ ] [ ) [X) Quasi-JD [ X ] Presented By T3;-?4I~ Growth Management Director Petition of Mo-Jo Entertainment, Inc., for a 12-month extension of an approved Conditional Use Permit to allow the operation of a drinking place (alcoholic beverages) _ free standing (nightclub) in the CG (Commercial, General) Zoning District - Draft Resolution No. 06-170. (File No.: BCC-06-006) Mo-Jo Entertainment, Inc., has submitted a petition for a 12-month extension of an approved Conditional Use Permit to allow the operation of a drinking place (alcoholic beverages) - free standing (nightclub) in the CG (Commercial, General) Zoning District for property located at 6682B South U.S. Highway NO.1. . N/A On AprilS, 2005, this Board granted approval to the request for a conditional use permit. At the February 17, 2005, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 6 to 1 (Ms. Hammer) with two members (Mr. Akins .and Mr. Trias) absent, recommended approval of the requested conditional use permit. Approve Draft Resolution No. 06-170, for a 12-month extension to an approved Conditional Use Permit to allow the operation of a drinking place (alcoholic beverages) _ free standing (nightclub) in the CG (Commercial, General) Zoning District for property located at 6682B South U.S. Highway NO.1. o DENIED No action required at this time. County Attorney Originating Dept.: Finance: ~... ,;;: t-My Coordination/ Signatures Mgt. & Budget: Environ. Res. Division: Purchasing: Other: Transmittal Master Checklist - 12-Month Extension for Mo-Jo Entertainment, Inc. Primary D,istribution Sent Received Environmental Resources Department, Vanessa Bessey: N/A Public Works Surveyor - Ron Harris: N/A . Road, Bridge, & Transportation - Don Pauley: N/A . Stormwater Management - Chris Lestrange: N/A General Engineering - Michael Powley: N/A County Attorney Property Acquisitions - JoAnn Riley: N/A St. Lucie County Sheriff's Office - Major Monahan: N/A St Lucie County Fire District - Chief Buddy Emerson: N/A Residential Only School Board of St Lucie County - Marty Sanders: N/A Geoaraphical Based St Lucie County Utility Department N/A Port ST. Lucie Utilities Department N/A ----_.~_.~ Commission Review: July 18, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Bob Nix, AICP, Growth Management Director FROM: Hank Flores, Planning Manager DATE: SUBJÉCT: July 12, 2006 Request of Mo-Jo Entertainment, Inc. for a 12-moi1th extension of an approved Conditional Use Permit to allow the operation of a drinking place (alcoholic beverages) - free standing (nightclub) in the CG (Commercial, General) Zoning District. . On April 5, 2005, this Board, through Resolution 05-026, granted a Conditional Use Permit to ·allow the operation of a drinking place (alcoholic beverages) - free standing (nightclub) in the CG (Commercial, General) Zoning District for property located at 6682B South U,S. Highway No. 1 in the St. Lucie Shopping Center. The developer is requesting a 12-month extension of the approved conditional use in order to finalize the construction of the interior improvements. Due to new Fire District permitting requirements concerning fire protection, renovation of the interior of the proposed business has encountered several delays. Attached is a copy of Draft Resolution No. 06-170 that, if approved, would grant a 12-month extension to the Conditional Use Permit for Mo-Jo Entertainment, Inc. The expiration date for this Conditional Use Permit will be April 5, 2007. Staff recommends approval of the attached Draft Resolution No. 06-170. Please let this office know if you have any questions on this matter. SUBMITTED: ßt4- ¡¡/~ Bob Nix, AICP Growth Management Director cc: John Ciulla - Mo-Jo Entertainment, 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 42 43 44 45 RESOLUTION NO. 06-170 FILE NO.: BCC-06-006 A RESOLUTION PROVIDING FOR A 12-MONTH EXTENSION OF AN APPROVED CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A FREE ST ANDING BAR IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT 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. On April 5, 2005, this Board, through Resolution 05-026, approved the Conditional Use Permit to allow the operation of a free standing bar located on property at 66828 South U.S. Highway No, 1. 2. Mo-Jo Entertainment has requested that the Conditional Use Permit granted through Resolution 05-026, be extended for a period of 12 additional months from its date of scheduled expiration, April 5, 2006. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.06(B)(2) of the St. Lucie County Land Development Code, the Conditional Use Permit, approved through Resolution 05-026, is hereby extended for a period of 12 additional months from its date of scheduled expiration, April 5, 2006, with the new expiration date being April 5, 2007. B. All terms and conditions of Resolution 05-026, Parts Band G excluded, shall remain in full force and effect. C. The property on which this Conditional Use Permit extension is being granted is described as follows: MODEL LAND CO'S SID IN SEC 153640 BLK 4 THAT PART OF LOTS 7 AND 8 IN SE Y4 MPDAF: FROM NW COR OF SE Y4 RUN S 89 56 27 E 78 FT TO E R/W OF US #1 ,TH S 00 00 27 E ALG E R/W 15 FT TO N LI'OF LOT 7,TH CONT SEL Y ALG E R/W 212 FT TO POB,TH N 89 59 33 E 145.50 FT TO CURVE CONC NW,R OF 10 FT,TH NEL Y ALG ARC 15.71 FT,TH N 00 00 27 W 156.85 FT TO CURVE CONC SW,R OF 25 FT,TH NWL Y ALG ARC 39.24 FT TO S R/W LI OF KITTERMAN RD,TH S 89 56 27 E ALG S R/W Ll423.07 FT TO W R/W LI OF CANAL,TH S 00 03 File No.: BCC-06-006 July 18, 2006 Resolution No. 06-170 Page 1 1 2 3 4 5 . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ~~._- 03 W 1284.25 FT TO S LI OF LOT 8,TH N 89 5549 W ALG S Ll282.35 FT,TH N 00 00 27 W 141.56 FT,TH N 64 56 37 W 73.07 FT,TH S 89 59 33 W 168.81 FT TO CURVE CONC SE,R OF 35 FT,TH SWL Y ALG ARC 36.99 FT TO E R/W OF US #1,TH N 0017 27 E 65.61 FT,TH S 89 42 33 W 12 FT,TH N 00 17 27 W 841.69 FTTO POB-LESS FOL OESC PROP:FROM NW COR OF SE Y4 RUN S 89 56 27 E 78 FTTO E R/WOF US #1,TH S 00 00 27 EALG E R/W257 FT,TH N 8959· 33 E 30 FTTO POB,TH CO NT N 89 59 33 E 125 FT,TH S 00 0027 E 180 FT,TH S 895933 W 125 FT,TH N 000027 W 180 FT TO POB ANO LESS FOL OESC PROP: FROM NW COR OF SE Y4 RUN S 89 56 27 E 78 FT TO E R/W OF US #1,TH S 000027 E ALG E R/W 1319.15 FT TO S LI OF LOT 8,TH S 89 55 49 E ALG S Ll551.79 FT TO SE COR OF LOT 8,TH N 00 03 03 E ALG ELI OF LOT 8178.67 FT,TH N 895657 W 15.58 FT TO POB,TH N 011143 E 225.40 FT,TH N 804638 W 13.99 FT,TH S 221445 W 114.10 FT,TH N 65 29 51 W 29.91 FT,TH S 25 31 01 W 69.17 FT,TH S 65 0614 E 20.26 FT,TH S 24 2754 W 66 FT,TH S 63 55 30 E 29 FT,TH N 8411 27 E 92.70 FT TO POB (13.70 AC) (OR 1545-1742) (Tax 10#:. part of 3415-501-0065-000/4) (Location: 6682B South US Highway No.1 (St. Lucie Square Shopping Center)) D. This Conditional Use Permit extension shall expire on April 5, 2007, unless a Zoning Compliance has been issued. E. The Certificate of Capacity granted by the Gröwth Management Director on April 5, 2005, shall remain valid for the period of this COQditional Use Permit. F. 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. G. A copy of this resolution shall. be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward xxx Vice-Chairman Chris Craft xxx Commissioner Paula A. Lewis xxx Commissioner Joseph E. Smith xxx File No.: BCC-06-006 July 18, 2006 Resolution No. 06-170 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 ---- Commissioner Frannie Hutchinson xxx PASSED AND DULY ADOPTED this 18th Day of July.2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney hf H:\WORD\Petitions\BCC\Finished2006\Mo-JoEntertainment. CU\Mo-JoEmntertainmentExt-RES ,doc File No.: BCC-06-006 July 18, 2006 Resolution No. 06-170 Page 3 >- ë ::J 8 ~ > æ c: <1> 'õ .£ +-' c: ( ) E CD ,t" to c: ;JJ 0 0 z.oo ~' 'i e 0 ro . ,;!~ N 0 ~ ci 1:: I ~~ M ( ) CD ~ ~ Q) 0 ~ c: +-' ~e ::I c: ...., W Ü \ f "0 * Q) Ü æ 0 :: ~. a. en el;l' \{~ Q) """",) 0(, 5. I 6\~ a. 0 ,:;, ro ~ :2 !I 001' ¡ \..I;~ , ~ el ~\ >- ë ::J o Ü c: 1: <1> ::E P~!::I U'~I~S ] I lIt:I'U1l ue\:! II!~ ¡ape'H .. J ( p,,:.tS ¡iue::> .Z":) 18 Á)UnOO aaqOlpaa>¡o A petition of Mo-Jo Entertainment for a 12-month extension of an approved Conditional Use Permit to aHow the operation of a free-standing bar in the CG (Commercial, General) Zoning district. DENNISON DR KITTERMAN RD ~ ~ C/) <I: ::a: ...J c: C/) <I: ...J ~ (j ~ "t 0' '" Qc, 0° ~ >- ~ I ~ C/) ::> C/) 0::' 0: UJ ,(9 ~ .~ UJ I 0:: o ~ u o u Z <I: I ...J <I: Z <I: U ~ UJ Z NSLRDD CANAL NO. 28 NSLRDD CANAL NO. 28 BCC-06-006 Legend ~ Subject parcel .9:- ./~~ &~:\:~. (jro-wrli .NanO(lement 1Jtymrtment N A Map prepared June 30, 2006 Mo-Jo Entertainment Zoning , U U U cc: ' ~ ~t , I----' ",DENNISON DR_ - - - - r r - - '" '" - ~ - ~~ RS-4 r~ == 3:_ RM-5 (/) ............ GOF.ORTH BLVD.. «- cc: l f-- j- « f-- 0..- (/)' - «- I - ...J_ - I-- - - ~ qq - - KITTERMAN RD J: ~ I ~ (/) . :J / .(/) 'Z7 ß- (j -) RF RS-2 ~ RS~ 3 ~ h ~ \ Ç)0 0° ~ C G >- RM-9 3: I I ~ (/) :J (/) tt~/ I \ '- -/ r~ ¡:!! 'I ~ =ffJ91t4 ~ Jf ' c::: c::: Q . f----, 0 0 7~ UJ ~ ~ rt"9ANDîEïG{N :: (9 . u ¡:: 0 u ~ z = I =1 . a.- UJ « J: J: . r"'\o, A RS -4 .".;;>-.... ç ( - Ö ~L~\.. ~.- ÿ- DICKINSON TER µ(¡ I Y- NSLRDI 'n/r..4m.L NO. 28 nL\o.I'-'\f'''\ N,I Rnr ¡-CANAL NO. 28 BCC-06-006 Legend x ~~~ &~~~~~_ N - (jrfI"Wtli .Ma7lU(1ement 27eparl77lmt A ~ Subject parcel Map prepared June 30, 2006 Mo~Jo Entertainment Land Use T/U T/U T/U .( )or ~ l ---\ I-- ",DENNISON DR_ - ~ I - - -+-, ,~ .. - - - - - ~- RU· f'l"'\ 1\ A == ~- RM -- GOF.ORTH BLVD","," «- ¢o¥\ - 5- - 'it- , :Q- - - ..J~ - f-- - i---- .. ~ C<þ~ - f-- , KITTERMAN RD I ..... I 'l1li ~=. 1/ ~ (j _1 RU ~ ~ ;} ~ ~ ÇJ0 0° ~ C~M >- RM 3: I P/F ..... rJ) ::J rJ) y~/ h I I j J t>- ,~) ....- ~ I~ifj t- I =fm l~ J~ ' r ~. ~ (,) ~ z1::';:SANDî"ÎG~r i . ~ 0 0 0 =J ~ ~ z s: P/F « I ~ t ..., I I T Rlg' r u .~ç- -- . 1.-l_~1 _~ It- µ(I~Tïsot TE~ ~ NSLRDD CANAL NO. 28 N<;;I .~ NO. 28 BCC-06-006 Legend .Q- ./t4</W &~~>. N ~ Subject parcel (jrtrWtli ManOflemnzt 2J9artmDrt A Map prepared June 30, 2006 . Mo-Jo Entertainment BCC-06-006 Legend ~ Subject parcel /'"'>.j /l ~ .''/r /,rt?t~' [/{J"',~,_.;~:;... (jrtrWt/í .Man6lf1emenl' :lJepar/'menl' N A Map prepared June 30,2006 , OC~6 f) C C > D (:.)", ' SITE ¡;>LAN #: RESOLUTION #: CERT. CAPACITY #: OFFICE USE ONLY DATE FILED: REVIEW FEE: CONCURRENCY FEE: RECEIPT #: RECEIPT #: . St. Lucie County GROWTH MANAGEMENT DEPARTMENT 2300 Virginia Avenue Fort Pierce, FL 34982 772-462-2822 APPLICATION FOR CONDITIONAL USE (Except Telcom Towers) Directions for Submittal Please complete the requested information and submit all items to the S1. Lucie county Growth Management Department at the address listed above. The proper non-refundable application fee must accompany all applications. For assistance in submitting the application, please contact tbe S1. Lucie County Growth Management Department, Planning Division. Conditional Use Review Fees Property Size Review Fee Concurrency Deferral Less than 10 Acres $500.00 $25.00 . More than 10 Acres $800.00 $25.00 Extension of an a roved Conditional Use $300.00 Following notification that the application is complete, this petition will be scheduled for the next available Planning and Zoning Commission meeting. The Planning & Zoning Commission meets on the third Thursday of each month. Presentation to the Board of County Commissioners is dependent upon scheduling before the Planning and Zoning Commission. Please allow a minimum of 90 to 120 days for completion of the public hearing process following the certification of this petition. Initial submissions shall include the fol1owing: 1. One (I) original of the completed conditional use permit application. 2. One (I) copy of the S1. Lucie County Property Tax Map (Scale 1 :200) with the property under petition highlighted. Special Note: .:. Under the provisions of the S1. Lucie County Land Development Code, a petition for a conditional use is considered to be a Final Development Order. Under t~e definition of Final Development Order, and consistent with the County's concurrency regulations, sufficient capacities must be demonstrated in all areas of required level of service before this petition can be approved. Should it be determined that insufficient services exist, no Final Development Order will be issued until the cited insufficiencies are corrected. For additional information on concurrency, please contact the Department of Community . Development, 2300 Virginia Avenue, Fort Pierce, FL 34982. .:. Some Conditional Use applications will require the submission of a site plan in conjunction with the Conditional Use review. No scheduling of the Conditional Use review before the Planning & Zoning Commission can be authorized until the site plan is determined by the Development Review Committee to be completed and consistent with applicable County code. For additional information, please contact the Department of Community Developinent, 2300 Virginia Avenue, Fort Pierce, FL 34982 All applications for Conditional Use Permit must be completed and filed with the department before 4:30 PM each business day to meet applicable filing deadlines. For an application submission to be determined complete, all required materials must be present at the time of submission; . , PROJECT INFORMATION APPLICATION INFORMATION , Name ..To ~ - C \ û.. \ \b\. Address ~ S"' (, \ 5 w .s (\ v () ~'\ ('. E \ \Ill, PO\-t s -t. Lu...~ i -e \ FL. :1" 9~ -:7 Phone S" ~ i - 3 ö ).. - .Ç1'').ì LOCATION PROPOSED FOR bb~)..ß S, U 51- CONDITIONAL USE port .$+. L.....c:~ì e) F/", 14 9~:l PROPERTY TAX ID # ':litiS' ""0\ 006S (;~ 0 0lI f£l ('-\- cP . s~e 'ì.+\-o..c. ~eJ , LEGAL DESCRIPTION (attach extra sheets if necessary) SECTION TOWNSHIP RANGE PARCEL SIZE ACRES SQUARE FOOTAGE ZONING DISTRICT I LAND USE CLASSIFICATION I (\ ¡, ~>r c..\~ é;t""J L~ DESIRED CONDITIONAL USE VV\V- S ¡ c.. \J~~ . EXISTING USE OF PROPERTY ",...ë. ~ ~..r Is a chanee in Zonine soueht with the petition for Conditional Use? Yes ~ Is a chanee in Land Use soueht with the petition for Conditional Use? Yes Nd Is a Site Plan approval soueht with thè petition for Conditional Use? IQ No The following information you provide is very important in determining the outcome of your conditional use request. It is required by Section 11.06.00, St. Lucie County Land Development Code that appropriate findings be made to justify a Conditional Use approval. Please use additional pages, if necessary to justify your request. 1. Describe the reason for the request Conditional Use: T~'.s 1.5 (Á V' 0.. \, C6.A-~ Oll'\. 0 r ,,:t: (.).."A. ~ f pro \t r' ;Æ Cä~'Á.. Î t;-o ,-I\lf l c~.V\ ..e "+-"(..iI\5io,,, \..lS e.. 2. Is the proposed Conditional Use in conflict with any portion of the 51. Lucie County Land Development Code or the 51. Lucie County Comprehensive Plan? V\" 3. 4. What conditions have changed in the immediate area that warrants consideration of this Conditional Use application? I ..8 ra.p,-A ~I.{ I tt+-;"~ 9 rPVJ+v\.. Cl V~~ C-l. r-eei I I/\..e e ol . I-ð r p (a. c.. e ~ +0 50· Ol.'.+-. 5. What are the anticipated impacts of the proposed Conditional Use on the existing and future public facilities in this area? V\OV'\ e. 6. What are the anticipated environmental impacts of the proposed Conditional Use? If no adverse impacts are anticipated, please explain why. "''' ,,'\ e 7. CA- f' e ''\. BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEMENl June 30, 2006 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 USA In accordance with the St. Lucie County Land Development Code, you are hereby advised that Mo-Jo Entertainment has petitioned St. Lucie County for a 12-month extension.of an approved Conditional Use Permit to allow the operation of a free-standing bar in the CG (Commercial, General) Zoning District for the following described property: Location: 6682B South U.S. Highway No.1 (S1. Lucie Square Shopping Center). THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The fIrst public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on July 18, 2006, County Commissioner's Chambers, Sf. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3. days prior to a scheduled hearing. County policy 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) 462-2821 if you have any questions, and refer to: File Number: BCC 06-006. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIOl''ERS Doug Coward, Chairman JOSEPH E. SMITH. District No; I . 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 Website: www.co.st-Iucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 _, Administration: (772) 462-1590 Planning: (772) 462-2822 GISlTechnical Services: (772) 462-2822 FAX: (772) 462-1581 ~~ 1~1J,;T~ìl;l;rgf~~T.IJ~I~~rl~f-'-r-~~Tll-TTI TTl¡'~ \ \ I \'~!~ll n, JTTìT¡1 \ II ìJ II~IM'~ ~ ~I~ N:~I~ ~1~INIO' '~I I 1 I I I 01~1 I I I I I co IOI~ ~ ~I~ ~''f 'I' 'I' 1M ,..... 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CHEZ NOUS PARK, LLC for a Change in ~oning from the RS - 2 (Residential, Single - Family - 2 dulacl Zoning District to the RS - 3,IResidential, Single - Family - 3 du/ac) Zoning District for the following described property: PARCEL,#i: THE WEST 2,5 ACRES OF THE NW 1/4 OF THE NE 1/4 OF THE SW 1/4 OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AND THE NORTH 1/2 OF LOT 255, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO FRANKLIN SHEEN'S MAP OF THE TOWN OF WHITE CITY, FLORIDA. TOGETHER KNOWN AS NW 1/4 OF THE NE 1/4 OF THE SW 1/4 OF SEC- TION 10, TOWNSHIP 36, RANGE 40 EAST. PARCEL #2: THE NORTH 1/2 OF THE SE 1/4 OF THE SW 1/4 OF THE NW 1/4 OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, CONTAINING 5 ACRES, MORE OR LESS, ST. LUCIE COUNTY, FLORIDA. PARCEL #3: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SW 1/4 OF THE NW 1/4 , LESS THE WEST 33 FEET THEREOF, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST LUCIE COUNTY, FLORIDA. TOGETHER WITH: LOT 256 OF WHITE CITY AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM THE EAST 282 FEET OF THE WEST 315 FEET OF THE SOUTH 282 FEET OF THE NORTH 462 FEET THEREOF, AND LESS THE WEST33 FEET FOR ROAD RIGHT - OF - WAY, CONTAINING: 1,869,271 SQUARE FEET (42.912 ACRES), MORE OR LESS Location: East side of Oleander Avenue, approxi- 'rnately 500 feet south of Ulrich Road, 2. MO-JO ENTERTAINMENT for a 12-month ex- tension of an approved Conditional Use Permit to allow the operation of a free-standing bar in the CG (Commercial, General) Zoning District for the following described property: ' MODEL LAND CO'S SID IN SEC 15 36 40 BLK.4 THAT PART OF LOTS 7 AND 8 IN SE 1/4 MPDAF: FROM NW COR OF SE 1/4 RUN S 89DEGREES 56' 27" E 78 FT TO E RIW OF US #1,TH S 00 DEGREES 00' 27" E ALG E RIW 15 FT TO N LI OF LOT 7,TH CONT SELY ALG E RMI 212 FT TO POB,TH N 89- DEGREES 59' 33" E 145.50 FT TO CURVE CONC NW,R OF 10 FT,TH NELY ALG ARC 15.71 FT,TH N OODEGAEES 00' 27" W 156.85 FT TO CURVE CONC SW,R OF 25 FT,TH NWL Y ALG ARC 39.24 FT TO S R/W LI OF KITTERMAN RD,TH S 89- DEGREES 56' 27" E ALG S RNY LI 423.07 FT TO W RNY LI OF CANAL,TH S OODEGREES 03' 03" W 1284,25 FT TO S LI OF LOT 8 ,TH N 89DEGREES 55' 49" W ALG S LI 282.35 FT,TH N OODEGREES 00: 27" W 141.56 FT,TH N 64DEGREES 56' 37" W 73,07 FT,TH S89 DEGREES 59' 33" W 168.81 FT TO CURVE CONC SE,R OF 35 FT,TH SWL Y ALG ARC 36.99 FT TO E R/W OF US #1,TH NOD- DEGREES 17' 27" E 65.61 FT,TH S 89DEGREES 42' 33" W 12 FT,TH N 00 DEGREES 17' 27" W 841,69 FT TO POB-LESS FOL DESC PROP:FROM NW COR OF SE 1/4 RUN S 89 DEGREES 56' 27" E 78 FT TO E RIW OF US #1,TH S OODEGREES 00' 27" E ALG E RNY 257 FT,TH N 89 DEGREES 59' 33" E 30 FT TO POB,TH CONT N 89 DEGREES 59' 33" E 125 FT,TH S OODEGREES 00' 27" E 180 FT,TH S 89- DEGREES 59' 33" W 125 FT,TH N OODEGREES 00' 27" W 180 FT TO POB AND LESS FOL DESC PROP: FROM NW COR OF SE 1/4 RUN S 89- DEGREES 56' 27" E 78 FT TO E RMI OF US #1,TH S OODEGREES 00' 27" E ALG E RMI 1319,15 FT TO S LI OF LOT 8,TH S 89DEGREES 55' 49" E ALG S LI 551.79 FT TO SE COR OF LOT 8,TH N 00- DEGREES 03' 03" E ALG E LI OF LOT 8 178.67 FT,TH N 89DEGREES 56' 57" W 15.58 FT TO POB,TH N 01DEGREES 11' 43" E 225.40 FT,TH N , ..38"WJ3,99 FUH$ 22.!2fG.Re.fs' 14' 45" W 114,10 FT,TH N 65DEGREES 29' 51" W 29.91 FT,TH S 25DEGREES 31' 01" W 69.17 FT,TH S 65D£GREES 06' 14" E 20.26 FT,TH S 24- . ES 27' 54" W 66 FT,TH S 63DEGREES 55' ....... .....-.iï .,............,............"'")11; ...... ..._.. ~ _~... -. Tuesday, July 4, 2006 Treasure coast Newspapers Location: 6682B South U,S, Highway No. 1 (St. Lucie Square Snopping Center). The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd floor, SI. Lucie County Administration Build- ing, 2300 Virginia Avenue, Fort Pierce, Florida on July 18. 2006, beginning at 6:00 P.M. or as soon thereafter as p'ossible. Action can be taken at this meeting, or the item can be continued to a future date and time. All interested persons. will be given an opportunity to be heard. Written comments received in ad- vance 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- sion at least 3 days prior to the scheduled hear- ing. The petition file is available for review ,at the Growth Management Department offices located al 2300 Virginia Avenue, Fort Pierce, Florida, Please call 772/462-2822 if you have any ques- tions or require additional information. The file for this project may be inspected prior to the hearing date in the Growth Management Depart- ment, 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida. The SI. Lucie çoìJnty Board of County Commis- sioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commis sioners are electronically recorded, PURSUANT TO .Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Boa,w of County Commissioners with respect to any f)1atter considered at a meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a ver- batim record of the proceedings is made, which . record includes the testimony and evidence upon whièh the appeal is to be based. Upon the re- quest of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any pa~ to the proceeding will be granted an oppor- tunity to cross-examine any individual testifying during a hearing upon request. If it becomes nec- ~ssary, a. public hearing may be continued from time to time as may be necessary to a date-{;er- tam. Anyone with a disability requiring accommodation to attend this meeting, shoU'ld contact theSt, Lu- cie 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. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA IS/ DOUG COWARD, CHAIRMAN PUBLISH DATE: JULY 4,2006 1426306 l' ._---_.~ ~ COMMISSION ACTION: L1LJ APPROVED c:=J DENIED c=J OTHER \, To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: . County Attorney Originating Dept.: Finance: Agenda Request 5]) 07/18/06 Item Number Date: Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X] Quasi-JD [ X ] Board of County Commissioners Presented By Growth Management B tr?1II,-f Growth Management Director Petition of Chez Nous, LLC, for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/ac) Zoning District to the RS-3 (Residential, Single-Family - 3 du/ac) Zoning District for property located on the east side of Oleander Avenue, approximately 500 feet south of Ulrich Road. Draft Resolution No. 06-16'7.' Petition of Chez Nous, LLC, for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/ac) Zoning District to the RS-3 (Residential, Single-Family - 3 du/ac) Zoning District for property located on the east side of Oleander Avenue, approximately 500 feet south of Ulrich Road. (File No.: RZ-05-034) The petitioner has requested a continuance to the August 15, 2006, Board of County Commissioner's meeting. N/A At the June 15, 2006, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 4 to 3 with two members (Mr. Trias and Mr. Mundt) absent, recommended denial of the requested rezoning. Staff recommends approval of the request of the petitioner of this item for a continuanœ to the August 15, 2006 Board of County Commissioner's meeting. Approved 5-0 Motion to continue to September 19,2006 at 6:00 p.m. or as soon thereafter as may be heard, ~~ C3 ç{. ¡tI,.¡ CoordinationJ Signatures Mgt. & Budget: Environ. Res. Division: Purchasing: Other: 5]) File Number CU-05-034 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: THROUGH: Board of County Commissioners FROM: DATE: SUBJECT: Bob Nix, AICP, Director of Growth Management Hank Flores, Planning Manager Wendy Clark, Senior Planner~ July 12, 2006 Application of Chez Nous, LLC for a Change in Zoning from RS-2 (Single-Family - 2 du/ac) Zoning District to RS-3, (Single-Family - 3 du/ac) Zoning District. Please find attached the Minutes from the June 15, 2006 Planning and Zoning Commission meeting for the above referenced petition. They were inadvertently omitted from the previous packet for the July 18, 2006 Board of County Commissioner's meeting. ¡: 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 St. Lucie County Planning and Zoning CommissionILocal Planning Agency Commission Chamber, 3rd Floor, Roger Poitras Annex June 15, 2006 6:00P.M. (A DVD recording of this meeting, in its entirety, has been placed in the file along with these minutes as part of the record). AGENDA MEMBERS PRESENT Chairman, Bill Hearn; Pamela Hammer; John Knapp; S Morgan; Edward Lounds MEMBERS ABSENT Vice Chairman, Ramon Trias, Craig Mundt, OTHERS PRESENT Heather Young, Assistant County Attorn Backenstoss, Assistant Growth Manageme Kelly, Planning Manager, L zynkowski, Sr. Planner ent; Gilbert CALL TO ORDER Chairman Hearn c Commission ROLL CALL Chairman Hearn Ms. Caron Mr. Grande Ms. Hammer Mr. Knapp Mr. Lounds Ms. Morgan ANNOUNCEMENTS DISCLOSURES Ms. Hammer spoke with Ms. Wood from the City ofFt. Pierce, Mr. Heam spoke with Ms. Wood from the City ofFt. Pierce, and Ms. Caron spoke with Ms. Wood from the City ofFt. Pierce. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Minutes from the May 18. 2006 regular meeting: The meeting minutes were moved by Mr. Grande with two corrections and seconded by Ms. Hammer. The motion was carried unanimously. Agenda Item #1: Chez Nous Park. LLC Presented by Wendy Clark, Senior Planner. This is a petition for a Change in Zoning from the RS-2 (Residential, Single Family - 2 du/ac) Zoning District to the RS-3 (Residential, Single Family - 3 du/ac) Zoning District. Ms. Clark stated that the staff report will be updated to reflect the most recent submittal of the site plan in which there was a change in density from 102 units to 104 units. Staff recommends forwarding the petition to the Board of County Commissioners with a recommendation of approval. Mr. Grande had questions regarding the site plan that w Ms. Clark stated the site plan will be corrected to 10 reVIew. Mr. Hearn had concerns that the proposed dev Review Committee. Ms. Clark stated it has been through the first revie Review Board with a revised site plan. Heather Young, Assistant County Attorn take action on the site plan since it is still g this committee to show what roposed fo ackage which reflected 103 units. ime of the formal site plan d to the Development zone and not to was provided to Chairman Hearn made minutes for a presentation an IS permitted fifteen (15) s for comments. Greg Boggs, L presentation requirements witH icant, Robert Wiseman, made a ed all of the lots meet the RS-3 Chairman Heam had a density. Mr. Boggs replied the dedica from US 1 to the property, road 1 are the benefits the developer is pr e county is receiving from an increase in t of way, all site road improvements, extending sewers nts at the intersection of Midway and Oleander. These g as a result of the site plan approval. Chairman Heam opened the public hearing. Bob Douglass, local resident living adjacent to the proposed development, has concerns about the community losing its rural environment. He stated a buffer would help to alleviate privacy issues adjacent residents may have. He further stated he would like to be able to benefit by hooking up to the development's sewer system. Holly Hoover, Civil Engineer for the developer, stated the developer is supportive concerning these requests by the adjacent residents. Ed June, resident living adjacent to the proposed development, he has flooding from the proposed development onto his property. He fears worse flooding may occur on his property once the proposed development is completed. Also he is concerned that the entrance to the development 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 which could be right across the street from his house causing auto lights to shine directly into his residence. Chairman Hearn advised Mr. June to attend the Board of County Commissioners meeting when this petition is scheduled to be heard and raise these issues with them. He further suggested discussing the drainage plans with the developer's engineers. Ronald Francher, adjacent resident living on Ulrich Road, states Ulrich Road is a dirt road and is concerned that the residents of the proposed development will use this road to avoid Midway Road. This will cause an abundance of dust and dirt in the air near his house from this dirt road being used so frequently. Carole Wood, Urban Designer, City ofFt. Pierce, states her office has no record of receiving this project. Further she is requesting the latest version of the site for her office to review. Jeffrey Willems, adjacent resident, is concerned about Oleander or from US 1. He states Ft. Pierce Utilities past his house. He is concerned if it will be large the proposed development. He is also concern property and that it should be kept to 2 units p ewer line is coming fiom, down . nch water main coming directly date all the new residents in opment will devalue his Arlene Goodman, resident, representin organization she represents feels the pro improvements. There is no recreation for tn development and left turn Ian eed to be in granted. The Ulrich Road r needs to donate funds to. . when it is widened. Chairman He Mr. Lounds had c I to in the proposed development, and the drainage easement . zes a swale system between the proposed development and the a onto Ulrich Road. Further, by adding density to White City, it will add t aina problem in White City. Ms. Hammer had concerns a benefit to the county from this project. Holly Hoover, Civil Engineer, s e developer will be paying for doing some of the improvements on the intersection 0 der and Midway Road which is a public benefit. Mr. Wiseman, the developer, will w with staffto improve the drainage system between Ulrich and the southern property boundary which would be a public benefit. Ms. Hoover requested from the committee, a general area where the developer could publicly benefit the drainage problems and Mr. Wiseman will consider it. Mr. Wiseman, developer, made a statement regarding the increased density. Stating it is a low density development, creating lots that are larger than normal and in conformance with the area and in keeping with the comprehensive plan. The layout of the development will not impact the community negatively. Further, regarding drainage, the civil engineer will maintain the water on site since it is the requirement by the county. The developer will maintain the character of White City the best he can and he will support the recommendations of the White City Improvement Club. He is requesting that this petition be approved. 3 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 Chairman Heam's concern regarding a straight rezoning is that the current developer could "flip" the property to another developer and he could put 3 units per acre in the proposed development. Ms. Caron had concerns with the increase in density and the drainage issues. Mr. Grande moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Chez Nous Park, LLC for a Change in Zoning from RS-2 to RS-3 because it is fully consistent with the St. Lucie County Land Development Code standards in 11.06.03 and is recommended by the local home owners association and recommended by the City ofFt. Pierce. Ms. Morgan seconded the motion. Ms. Hammer had concerns regarding no recreation center, no community center and no agreement to do the left turn lane. Further she stated the plan shows qu acre lots in the proposed development but the existing surrounding residential has ' cre lots or larger. Roll Call Mr. Grande- yes Ms. Morgan - yes Ms. Hammer - no Ms. Caron - no Mr. Knapp - yes Mr. Lounds - no - because of his earlier disruption of the uniqueness of White City Chairman Heam - no - becau PUD woul stipulated d the Ms. Hammer County Boar Change in Zoning du/ac Zoning Distric going to improve the co St. Lucie County. Mr. Lou . ission recommend that the St. Lucie of Chez Nous Park, LLC for a Ie u/ac to RS-3 Residential Single Family 3 e stan ards of a positive public change and it is not . The detriment far out weights any benefit to n. Roll Call Ms. Hammer - yes to deny Mr. Lounds - yes to deny Ms. Caron - yes to deny Mr. Grande-no Ms. Morgan - no Mr. Knapp - no Chairman Heam - yes to deny 4 to 3 to deny 4 Transmittal Master Checklist Primarv Distribution Environmental Resources Department, Amy Mott: Sent NA Public Works Surveyor - Ron Harris: NA Road, Bridge, & Transportation _ Don Pauley: NA StorrnvvaterManagement _ Chris Lestrange: NA General Engineering - Kyle Croce: NA Zoning Supervisor - Paula Bushby: NA Attorney . Prop Acquisition - JoAnn Riley: NA Sheriff's Department - Major Monahan:, NA St Lucie County Fire District - Captain Derek Foxx: NA Ft Pierce Farrns/North St Lucie Water Control District _ Ray Garcia: . NA Property Appraiser's Office - Maurice Snyder: NA IF AS =- Jeffrey Gellerrnann: NA Residential Only School Board of St Lucie County - Marty Sanders: NA Community Services (Transit) - Jody Bonet: NA Geol!:raphical Based St Lucie County Utility Department - Mike Bovvers: NA Airport Authority - Diana Levvis: NA CityofFt Pierce - Beach/Recor: NA City of Port St Lucie - Cheryl Friend: NA Ft Pierce Utilities Authority - David Mellert: NA Education and Research Authority - Jane Bachelor: NA ~--------~-_._- Received Commission Review: July 18, 2006 File Number CU..:05-034 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners FROM: Bob Nix, AICP, Director of Growth Management Hank Flores, Planning Manager tj Wendy Clark, Senior Planner[L, THROUGH: DATE: July 12, 2006 Application of Chez Nous, LLC for a Change in Zoning from RS-2 (Single-Family - 2 du/ac) Zoning District to RS-3, (Single-Family - 3 du/ac) Zoning District. SUBJECT: The petitioner, Chez Nous, LLC, is requesting a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/ac) Zoning District to the RS-3, (Residential, Single-Family - 3 du/ac) Zoning District for property located on the east side of Oleander Avenue, 500 feet south of Ulrich Road. The future project, known as Somerset, consists of 104 single family lots. The site plan is currently under review by the Development Review Committee. The entire Planning & Zoning agenda package is attached for consideration. This memorandum provides updates and revisions resulting from the Planning & Zoning Commission Public Hearing comments and discussions. At the June 15, 2006 public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 4 to 3 with two members (Mr. Trias and Mr. Mundt) absent, recommended denial of the requested Change in Zoning. The Commission expressed concerns regarding the existing drainage of the surrounding area and the potential impact this project may have to those areas. The applicant responded that the stormwater management system will be constructed in accordance with the County's Land Development Code and the South Florida Water Management District requirements. These permits.. require that the resulting project not increase the amount of off-site drainage. The Planning and Zoning Commission also discussed the traffic impacts of the project. The applicant stated that with the exception of Midway Road links from US 1 west to Sunrise Boulevard, the road network within the study radius, operates ~s required within the proj~ctod project build-out. The developer agrees to make a Fair Share contribution toward respective Midway Road link improvements. _..-.---<----~--~- July 12, 2006 Page 2 Subject: Chez Nous, LLC File No.: CU-06-034 Staff recommends approval of Draft Resolution No. 06-167, however, the petitioner has requested a continuance to the August 15, 2006, Board of County Commissioner's meeting in order to further address the concerns of surrounding residents. (See attached letter) . Comments: Staff recommends approval of the request of the applicant for a continuance to the August 15, 2006, Board of County Commissioner's meeting at 6:00 pm or as soon thereafter. Please contact this office if you have any questions on this matter. SUBMITTED: Þv4- II ¿y- Bob Nix, AICP Growth Management Director we cc: Jeff Waters, Lucido & Associates Holly Hoover, P.E. File lucldo&associates July 5, 2006 Wendy Clark Developmçnt Review Planner St. Lucie County Growth Management Department 2300 Virginia Ave. Fort Pierce, FL 34982 Subject: Somerset - Rezoning Dear Ms. Clark: This letter is to inform you of our intent to remove the project known as Somerset from the agenda of the S1. Lucie County Board of County Commissioners Meeting on July 18, 2006. Weare continuing to coordinate with the White City Improvement Club, the client and the consultant team, to revise the development plan, in order to better address concerns with the above referenced proposed project. I respectfully request that this item be placed on the August agenda of the St. Lucie County Board of County Commissioners meeting. Please contact me at 772/467-1301 should you have any questions or concerns. Cc. Robert Wiseman, Client; Holly Hoover, Civil Engineer; Greg Boggs, Office Director- Lucido & Associates; File 8998 100 Avenue A, Suite 2-A Ft. Pierce, Florida 34950 --, ---, ~ _m_--~-tel: 772.467,1301 fax: 772.467.1303 web: wwwlucidodesign,com Planning·and Zoning Commission Review: 06/15/06 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Planning and Zoning Commission FROM: Bob NiX,. AICP, Growth Managem~nt Director Hank Flores, Planning Manager ~(j' Wendy Clark, Senior Planner~ THROUGH: DATE: June 7, 2006 Application of Chez Nous Park, LLC -for a Change in Zoning from the RS-2 (Residential, Single-Family - 2 du/ac) Zoning District to the RS-3 (Residential, Single-Family - 3 du/ac) Zoning District. Future project is to be known as Somerset. SUBJECT: LOCATION: The subject parcel is located on the east side of Oleander Avenue, 500 feet south of Ulrich Road. FUTURE LAND USE: RS-2 (Residential, Single-Family - 2 du/ac) RS-3 (Residential, Single-Family - 3 dulac) RU (Residential Urban) EXISTING ZONING: PROPOSED ZONING: PARCEL SIZE: 42.9 acres PROPOSED USE: The purpose of the requested change in zoning is to allow for a single family subdivrsion with 104 lots consistent with the RS-3 Zoning District and the existing RU Future Land Use. PERMITTED USES: Section 3.01.03(1), RS-3 Residential. Sinale-Familv - 3 dulac identifies the designated uses, which are permitted by right, permitted as accessory uses, or permitted through the conditional use process in the RS- 3 (Residential, Single-Family - 3) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval before that use may be commenced on the property. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "A"). _.~-- June 15, 2006 Page 2 Subject Chez Nous Park. LLC File No.: RZ-05-034 SURROUNDING ZONING: The adjacent zoning to the south and east is RS-2· (Residential, Single-Family - 2 du/ac) and CG (Commercial General). To the north is RS-3 (Residential, Single-Family - 3 du/ac) and RS-2 (Residential, Single- Family - 2 du/ac). The adjacent zoning to the west is AR-1 (Agricultural Residential - 1 du/ac), RF (Religious Facility), and RS-2 (Residential, Single-Family - 2 du/ac). SURROUNDING LAND USES: The existing uses to the south, west, and east are large lot residential, religious facility, and vacant property. To the north is residential. The Future Land Use Designation to the north and west is RU (Residential Urban). To the east is both RU (Residential Urban) and COM (Commercial). To the south is both RU (Residential 'Urban) and RM (Residential Medium). . FIRE/EMS PROTECTION: Station #6 (350 E. Midway Road) is located approximately 1.8 miles to the east. UTILITY SERVICE: The subject properties are located within the service area of Fort Pierce Utilities Authority. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width of Oleander Avenue is approximately 60 feet wide. SCHEDULED IMPROVEMENTS: None scheduled. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. ********************************************************************* STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Board of County Commissioners shall consider and make the following determinations: June 15, 2006 Page 3 Subject Chez Nous. Park, LLC File No.: RZ-05-034 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code and has met the standards of 11.06.03. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The subject property is located within an area designated as RU (Residential Urban) on the Future Land Use Map. The rezone request is compatible with the RU (Residential Urban) Future Land Use classification. In addition, the adjacent Future Land Use classification to the north, south, and west is RU (Residential Urban) and RM (Residential Medium). As the Future Land Use classification indicates, the intended future development pattern is residential. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The RS-3 (Residential, Single-Family - 3 du/ac) Zoning District is consistent with the existing residential character of the surrounding area. The adjacent zoning to the south is RS-2 (Residential, Single-Family - 2 du/ac). To the east is RS-2 (Residential, Single-Family - 2 du/ac) and CG (Commercial General). To the north is RS-3 (Residential, Single-Family - 3 du/ac) and RS-2 (Residential, Single-Family - 2 du/ac). The adjacent zoning to the west is AR-1 (Agricultural Residential - 1 du/ac), RF (Religious Facility) and RS-2 (Residential, Single- . Family - 2 du/ac). The proposed development that coincides with the rezoning is a single family subdivision consisting of 104 lots. The density for the project is 2.4 dwelling units per acre. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so asto require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; It is expected that the additional residential units would have a modest increase in the demands on public facilities. Any development will need to demonstrate that there are adequate public facilities in the area to support such development. .---.----- June 15, 2006 Page 4 Subject Chez Nous Park, LLC File No.: RZ-05-034 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; As with any new property development, there can be expected impacts on the natural environment. However, the proposed amendment to 1ncrèase the density by one additional unit per acre is not anticipated to create significant àdverse impacts on the natural environment. Any future development of the site will be required to comply with all state and local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development; pattern specifically identifying any negative affects of such patterns; The proposed change in zoning would result in an orderly and logical development pattern for the surrounding area. The permitted uses in the RS-3 Zoning District are compatible with the surrounding residential character of the area. To the north of the subject property is Ulrich Subdivision which is zoned RS-3 (Residential, Single-Family - 3 du/ac). Based on the number of existing lots, the density for the subdivision is 1.91 units per acre. The proposed density for the Somerset project is 2.4 dwelling units per acre, which is compatible with the adjacent Ulrich Subdivision. To the north and south, both the zoning and future land use is residential. To the east, the zoning is RS-2 (Residential, Single-Family - 2 du/ac) and CG (Commercial General) and a future land use of RU (Residential Urban) and COM (Commercial) respectively. To the west, the zoning is AR-1, (Agricultural, Residential - 1 du/ac) and RF (Religious Facility) however, the Future Land Use classification is RU (Residential Urban) which indicates an intended future development pattern of residential. . 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Chez Nous Park, LLC, has requested this change in zoning from the RS-2 (Residential, Single-Family - 2 du/ac) Zoning District to the RS-3 (Residential Sing1e-Family - 3 du/ac) Zoning District for property located on the east side of Oleander Avenue, 500 feet south of Ulrich Road in order to allow for the construction of a single family subdivision consisting of 104 lots. The proposed density for the project is 2.4 dwelling units per acre. The subject parcels, collectively are approximately 42.9 acres in area. A site plan for the project, known as Somerset, is currently in review by County staff. The existing uses in the area are: to the east, west, and south is large lot residential, religious facility, and vacant property; to the north is residential. In recent years, this area has been --~~-- Juoe 1S, 2006 Page S Subject Chez Nous Park, LLC File No.: RZ-OS-034 transitioning toward residential patterns of development. As shown on the attached zoning map, the general area on the west side of the proposed project is AR-1 (Agricultural, Residential _ 1 du/ac), RS-3 (Residential, Single-Family - 3 du/ac), and RF (Religious Facility). Advancing eastward is the subject site with a proposed density of three dwelling units per acre, and directly east is CG (Commercial General): The proposed RS-3 Zoning District can be effectively applied to areas serving as a transition between lower density single family zones and residential districts with medium or high densities. To the north of the subject property is Ulrich Subdivision which is zoned RS-3 (Residential, Single-Family _ 3 du/ac). Based on the number of existing lots, the density for the subdivision is 1.91 units per acre. The proposed density for the Somerset project is 2.4 dwelling units per acre, which is compatible with the adjacent Ulrich Subdivision. A copy of the proposed site plan for Somerset Subdivision is attached. Please note that the site plan is still under review by the Development Review Committee. The proposed rezoning and intended purpose is consistent with the surrounding uses and the RU (Residential Urban) Future Lánd Use designation. Attached is a copy of Section 3.01.03(1) - RS-3 (Residential, Single-Family ...;,'3 du/ac) of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in these zoning districts. 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. Staff recommends that this Board forward a recommendation of approval for the RS-3 Zoning District to the Board of County Commissioners. wc cc: Jeff Waters, Lucido & Associates Holly Hoover, P .E. File --- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO.06-167 FILE NO.: RZ-OS-034 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE RS-2 (RESIDENTIAL, SINGLE-FAMilY - 2 DU/ACRE) ZONING DISTRICT TO THE RS-3 (RESIDENTIAL, SINGlE- FAMilY -3 DU/ACRE) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. lUCIE COUNTY, FLORIDA WHEREAS, the Board of-Gounty Commissioners of St. Lucie County, Florida, basedon the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. Chez Nous, LLC presented a petition for a change in zoning from the RS.;2 (Residential, Single-Family - 2 du/ac) Zoning District to the RS-3 (Residential, Single-Family - 3 du/ac) Zoning District for the property depicted on the attached maps as Exhibit "An and described below. . 2. On June 15, 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 deny a change in zoning from the RS-2 (Residential, Single-Family - 2 du/ac) Zoning Districtto the RS-3 (Residential, Single-Family - 3 du/ac) Zoning District. 3. On July 18, 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 change in zoning has satisfied the requirements of Section 11.06:03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed Change in the Zoning District Classification from the RS-2 (Residential, Single-Family - 2 du/ac) Zoning District to the RS-3 (Residential, Single-Family - 3 File No.: RZ-05-034 July 18, 2006 Resolution No.: 06-167 Page 1 1 du/ac) Zoning District for that property depicted on the attached maps as Exhibit "A" and 2 described as follows: 3 4 PARCEL #1: 5 6 THE WEST 2.5 ACRES OF THE NW 1/4 OF THE NE 1/4 OF THE SW 1/4 OF SECTION 7 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AND 8 9 THE NORTH 1/2 OF LOT 255, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, 10 ACCORDING TO FRANKLIN SHEEN'S MAP OF THE TOWN OF WHITE CITY, 11 FLORIDA. TOGETHER KNOWN AS NW 1/4 OF THE NE 1/4 OF THE SW ·1/4 OF 12 SECTION 10, TOWNSHIP 36, RANGE 40 EAST. 13 14 15 PARCEL #2: 16 17 THE NORTH 1/2 OF THE SE 1/4 OF THE SW 1/4 OF THE NW 1/4 OF SECTION 10, 18 TOWNSHIP 36 SOUTH, RANGE 40 EAST, CONTAINING 5 ACRES, MORE OR LESS, 19 ST. LUCIE COUNTY, FLORIDA. 20 ·21 PARCEL #3: 22 23 THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SW 1/4 OF THE NW 1/4 , LESS THE 24 WEST 33 FEET THEREOF, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. 25 LUCIE COUNTY, FLORIDA. 26 27 TOGETHER WITH: 28 29 LOT 256 OF WHITE CITY AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, PAGE 30 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND 31 EXCEPTING THEREFROM THE EAST 282 FEET OF THE WEST 315 FEET OF THE 32 SOUTH 282 FEET OF THE NORTH 462 FEET THEREOF, AND LESS THE WEST 33 33 FEET FOR ROAD RIGHT - OF - WAY. 34 35 CONTAINING: 1,869,271 SQUARE FEET (42.912 ACRES), MORE OR LESS 36 37 (Location: East side of Oleander Avenue, approximately 500 feet south of Ulrich 38 - Road.) . 39 40 owned by Chez Nous, LLC, is hereby approved. 41 42 B. The St. Lucie County Growth Management Director is h-ereby authorized and directed to 43 cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, 44 and to make notation of reference to the date of adoption of this resolution. 45 File No.: RZ-05-034 July 18, 2006 Resolution No.: 06·167 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 After motion and second, the vote on this resolution was as follows: Chairman Doug Coward XXX Vice-Chairman Chris Craft XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX Commissioner Joseph E. Smith XXX PASSED AND DULY ADOPTED This 18th Day of July, 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney we File Name: Chez Nous, LLC File No.: RZ-05-034 July 18, 2006 Resolution No.: 06-167 Page 3 1 2 Exhibit A 3 4 5 Maps 6 7 8 . General Location Map . Area Subject to the Change in Zoning 9 10 11 12 13 14 15 16 17 File No.: RZ-05-034 July 18, 2006 Resolution No:: 06-167 Page 4 Ü ...J ...J ,::¿ ¡.¡¡ ,:;,~ ¡ CD ~ 0 ~ z.~ 0 ro M . ti ('\ 0 ~ ri a.. ('\ I ~ >- en L() ~ ~ I ro ::J 0 ::a: 0 "0 N' .~ ~ ~ Z ro 0::: ~ 0. '3\\ Q) N ace ~~ Co Q) ~~ 0. ro ~ ~ ::a: Ü p.a¡, ~\I!"'S ~ c: ::J 8 c: t' ro ::2! :>. 'E ::J o Ü Q¡ > ¡r c: ro 'õ .£ 5 P'e 1I&,I!l "'It! :¡ ~ Ptl IIIi:)J.pnH ~ ~ ~ u u ~ )MUS ¡IIU':) no::! ~ ~ o II! ~uno:> aaqolpaa) o A petition of Chez Nous 3rk, LLC for a Change in t~ ,Zoning Designation from . . 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CG "'" PU U ): - IDI 'u "< CG I F m ill! rPOb PUD ß4035020346000 ;::;:;: U PI JQI :>l\IE\> U~ 0001 CG i -~ U I~u )!:,p¡ U -- 4035020349000' 1= - - P or 'WUI ,r" FfŸi U ~UQP m 2 CG 15b~ U I U Þ CG R -ß PI P 'UC RS- ~S-3RS- Rs-3F S 3f S-3RS- RÞfub CGR S 3 F S 3 ~S-~ CG !9 ~~G ¡_,~S 3 ~~ -3 S 3 CG S- F S \3 ~S- RS-3f S 3 S-3 S3 S3 S3 CG 550100090004:'\'1 50100:>9 004 CG F M 5 IX CG 4155010009010 .---~'~--.------.._-~.---~-----~- . --.---.-------- U U341 50100091005 4155010009100!, ~ 155010C 02000SU _.~------~~....~---~_._-----,.~._-_.. - --~-'~--.--._.-.' TRINIDAD A~~WARD~~~IE DR HOWIE DR PLEASURE /WE KINGFISHER AVE MANOR DR Development Projects in Somerset Vicinity . LAKEfRONT BLVD HIGH POINT BLVD I/J'.t<ATEEI.t< Legend ~_-_~ 2 Mile Radius 122:1 SDmerset LAKES END DR 02 04 0.6 08 N A '!\ ~ ~ 'ž WAGNER PL FARMER'S MARKET RD ~ BELL AVE River Oaks fica Sh ow 0 s @ 10 Mile Creek South ftt1.arket Industrial Center BANDY BLVD Thompsor[JJlarehouse 5! Biltmore Commercial Park ~ OM CÐncrete...,j~ -""- - - - - - --t. The Estua, ~ Creeksjde)- .- - ~ ~ ~ - - - _ ~~' ww m , The Estua fk reeks ide) ~;¡ g] ~~ ~ ' WINO'~ CREEK LN ~ ð?;: g TUMBLIN KLING RD GATOR TRA'è¡;,pR ;' (Xl s: m '", IJi HERON AVE 'ž JEFFREY LN GATOR TRAC'Ii LN æ_~ , § WEATHERBEE RO 0: 0: , (.I) Cl 0 , z ttl ' ~ \3 ~ ~ '.,- ~ ;£, is ~ SCOTT ST , fB~ffi ~<:.:, '" u '1¡¡" \<). ~ \ 'ð \ 0: BRADLEY ST \ " \ ~ \ ~ \ ~ \ W \ Silva 'ßiverfroiiCE$tate I I I I J I I I I , , I I I I I I I I I , , , MACQUILLEIIt RD " " " " " I- ~ DADE RD ~ St. Lucie Coumy-Warehouse Miles Map prepared July 6. 2006 MIDWAY RD " 0: ~ SUq@e fiì(ø Estates ffi ~CIVAL ST ~ Ri~9 ~ ~ Egret M>ssing ~ asr 1ST ST UJ BORRACLOUGH ST oble~states 2NDST _ ~ ~ 0: FLEETWOOD LN Treasur~st Lexus tJ ~ LUCY LN KINGSWOOD LNFLOOD RD MELTON DR ~ ~ CAPfOE 'CREEK LN BRACK RD SMALLWOOD AVE~ 0 ::> " HULDA ST ~ ~ ~ 1z. '1> q, 0: " UJ UJ 0: I- UJ Z ¡¡:, 0: " x U 0: 0: " ¡¡¡ ~ HOWARD ST < 0: ffi " ~ n:3 '" ~~ I- 0: >- ::; <r., 1'" ~ ~ v" ~"" ",0 I I I I I I :< ST ~AMES BLVD ~ m ?J ~ n ,; 'A SAY€l<s ~ "'€AC Av€ ~ "r-I'/€€ ¡¡,. ~ 8(vO tJ'" 1> ~ 'f t; 0: " '" UJ ::; :!¡ I- '" GOPHER AVE g¡ Middle ForlCSubdivision SEAHORSE TER g MALLARD CT Sf Lucie CounfV;iÇancer Center ~ RUSS RD ~ ¡¡: ULRICH RD :I: TRAVELERS WAY PONDEROSA DR BARTOW ST 0:" co> ~æ ~~-J o:~ Z I!: 0: ~:I: ~~ ~ ~ r:~gcr: ã5 ~oa:::o ~ü:3s~ ~\3~~~o:~ ~gUg~~() g: ~~ ð: g (/) iåa:1~> .., 'Y.., 'Y,L 'Y~ Lone P' PINE TRAIL CIR PINE TREE AVE ~I-I-I-W o(J)lI)"'~ ~~æ~~ ~ æ ~ ~ ~ ALEXANDRIA CIR 01( -i c:( 0 (,) G:::-;J. "Olean~chard Oleande~ Estates EASY ST \ C¥RKAVE ." MANVILLf DR '" COVE CIR ~ \ en \ ...¡ DUKE AVE \ GRANGER AVE LBION AVE €D~ LSACEAVE 'b I'/rOi.¡ r GIMLET AVE ell'- 'i1 ' 101< oG~'\E '3\.'\1'0 C1 ", " c'i;.OO ,\<.1'- ~ ~6~"'i;.1.1. "" EVER'I<~ carltOEuare 6." ~ ~ ARCHER AVE' ROYCE AVE \ Pine Summ·. . mercia I Pa ce 1!: I- UJ I- LINCOLN AVE , $ ~. . \ g g, '" GOLO'£OAST AVE ;- \ St LucIe Oaks 0 rClalLe d ~ ë3 ~ .5 . .:ñ """..o~ i}~ tÞ"..\ 0: "' '" ~ FAIRFAX AVE <§ I- d" '1'0.. 0 BEACH AVE ^"" " "''' '" '" ....'<F "~ "( ~ i<J ~ P . Vi t -' ~ CORNELLAVEz '" ~ :\'i;..... ~ 1- GULFSTREAMAVE ,,§" ~ rima I a ã! c:( ~ æ 'ý-v. ~\.\ ~"\e ~ "" ~'. ~ I- 8 PLACID AVE " '" 'Õ ~ ,0'1' I'i;. '\ .. SURFSIDE AVE 1§,9 'Õ'\ ~ TILTON RD !" Ir BAYARD AVE « ~c;~" )'i;." \'- è~ii.l.OT DR 2 ~ ol''I-,,¿.. z ð FERRIS DR S ~\W.\I'- ~e - ..... _. _ _ ~JO - Q) - - .",. ~ I RIVERSIDE DR CONCORD DR ~I" FAI'/IN - - -Jf1Io1iiùfS"ervice ~tion RAS #191 4 "'I a: BISCAYNE DR I- I- GAv€ 1<- t; '" Si ver Oaks PfD >' ~ ~ ~ ~ ~ FLORES:ADR Q ",èf w ;, § UJ ,,~ ~ ~ ~ ~ 'Y~ '\ r1 ,.I'I'-J'i;. ~ ~ DYER RD Lilli ates 5 g5 ~ KILPATRICK AVE it:( CD a: :< ~~ '1;..."J r\l'-~~O ~"& " ~ i!! ...'" ~ ~ MARION AVE Ö ~ '<1. ':'- v v.,.'<- GALERIA O<o\,-O ''; '" Savanna Club Au _ ~ ~ I- ;¡: '\I" "1> <1'-" .......,.'<- , ..G <:- <: " iïi ~ ~ (/) AVON AVE (I)' I- ~ ':1. v '" ß v tÞ 0 u.. en ~ z: AZALEAAVE Z ~ ~ #~")'f- \.0 -" ~ 0 ~ cd ~ AZINE AVE ~ t; '-' "ftð g~ ~ 1¿ ö" EL CAMINO REAL " ~ UJ BILLlAR AVE ~ >- ~ SOLlDA DR G'\ 0';; ~~ \ ?. '1> SPANISH WAY <5 ~ ... I- PRIMA VISTA BLVD I- ~ i;!; PRIMA VISTA BLVD \.'i;.<;,,\11'- .p. ú'~ <-%:<"0 ANTIGUA LN i ~~ BUSWELL AVE ~ Ö t; Rea/toM Office c€ ~ ~~1!1~ '1-?; 01--~",/; ü w ~ BUTLER AVE 0 (/) a ;;0 ~ ~ "V_ < ~ ~ 0: VIOLET AVE ~ ~ OAA\i<' ~ 1-Q '1> ~'PJ- '<'<" 1- C1. ;¡ g LUCERO DR "::> '5" CASTANA CT \iE~S TEl< I< C(~ '1'< <1-<"(,/1/1- DOLORES AVE U ,,::; A~IE-N T€ I< "< 1- 0" UJ III" I.....¡'\'i:. 1- 0: t; ~ ~ :š en~ ~o b ~ U>UJI- ~6~~~05~,~ 1 ; COLLEEN AVE '" 0 0: ~" '" " ESTE~~~~AVE l~E ~ ~ ~ i ~ ~\\% ~ .. ~ LAKEHURST DR ~ a:: t= z -z. ~?J r": Q~ DUVAL AVE ¡r ~ r- ~ -z,. O~ DUXBURY AVE a. 'ž ~'i>-'Y I Q, $' .s ~ J SANDB€RG IN MUSKRAT RUN ~ a. >' I- g :; " I- '" -' < " 0: o u.. CARNIVAL AVE CAVERN AVE CELTIC AVE Indian Rivf!f 'National Bank St Lucie Business Park Storage 6'1>o~ Martin ~torage ~~<> :Ç:.~. SAVANNA CLUB BLVD <:).1> Crow'\JPlaza COLUMBR NA CIR \,\UFFMAN I<D CARIBBEAN I" ~ (0 "'Go , "1> "~ 'Ýo ?.... "1> SWAN AVE ~~ '" '=< \),,, 'b~ "'u> <¿...¡ "DUXBURY AVE 0: Ü ~ 0: UJ 5 ;¿ " VILLAGE GREEN DR I. RS-3 RESIDEI. .AL. SINGLE-FAMILY.:. 3 1. purpose The purpose of this district is to provide and protect an envirOnment suitable for single-family dwellings at á maximum density of three (3) dwelling units per gross acre, together with such other uses as may be necessary fot and compatible with low density residential surroundings. The number in ·0· following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The numbe'r 999 applies to'a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (999) b~ ' Family residential homes provided that such homes shall nbt;be located within a' radius of ..1 one thousand (1 OOO)fee\ of another existing such famity residential home and provided that . the sponsoring agency· or Department of Health and Rehabilitative Services (HRS) notifies the Board of. County Commissione.rs at thé· time of horrie', occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (999) 3. Lot Size Requirements Lot size requirements shalf be in accordance with Section 7.04;00. . 4. Dimensional Regulations Dimensional requirements' shall be in accordance with Section 7.04.00. 5, Off-street Parking Requirements Off-street parking requirements shall be in accordanCe with Secti~n 7.06.00.· 6. Conditional Uses a. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards of Section·7.1,0;23 (999) 7"· Accessory Uses Accessory uses are subject to the requirements of Section 8.00;00. Sl Lucie County Land D8\lelopmenl Code "dopled Augus11. 1990 3-17 . ' Aiwbècs Tho;,g¡. 051,5104 _.~~ Office Use Only Date Filed Review Fee Concurrency Fee . Resolution # ~L. 05- ò'~tt- Cert. Of Capacity # Receipt # Receipt # A.o "I'lL. .. . St. Lucie County Department of Community Development 2300 Virginia Avenue Fort Pierce, FL 34982 561-462-2822 Application for Change in Zoning (Does Not Include POO, PNRD, or PMUD Zoning) Directions Please complete the requested information and submit all items to the St. Lucie County Department, 2300 Virginia Avenue, Fort Pierce, FL 34982. The proper non-refundable application fee must accompany all applications. For assistance in submitting the application. please contact the Planning Division of the Community Development Department. Zoning Change Review Fees Property Size Review Fee Re-Zonin2 with a Plan Amendment Less than 10 Acres $500.00 $100.00 plus Plan Amendment fee* More than 10 Acres $800.00 $400.00 plus Plan Amendment fee* Concurrency Deferral Affidavit $25.00 $25.00 * for information about the Comprehensive Plan Amendment process and applicable fees, see the application for Comprehensive Plan Amendment. Following notification that the application is complete, this petition will be scheduled for the next available Planning and Zoning Commission meeting. The Planning & Zoning Commission meets on the third Thursday of each month. Presentation to the Board of County Commissioners is dependent upon scheduling before the Planning and Zoning Commissiono Please allow a minimum of 90 to 120 days for completion of the public hearing process following certification of this petition. Initial submission shall include the following: 1. One ( 1) original of the completed rezoning application. 2. One (1) copy ofa site plan graphic (minimum 8 W' xII") or survey depicting the location of the proposed building. 3. One (1) copy of the St. Lucie County Property Tax Map (Scale 1: 200) with the property under petition highlighted. Special Note: Under the provisions of the St. Lucie County Land Development Code, a petition for a change in zoning is considered to be a Preliminary Development Order; Under. the defmition of Preliminary Development Order, and consistent with the County's concurrency regulations, St. Lucie County neither warrants nor represents, that there is sufficient infrastructure available to meet the expected needs of the property on which the change in zoning is sought. Further, pursuant to Section 5.01.01 (B)(3), St. Lucie County Land Development Code, a signed Concurrency Deferral Affidavit must accompany all applications for zoning changes and/or land use amendments, which acknowledges that no public facility capacity will be reserved for the subject property prior to the issuance of a Final Development Order. A determination of the availability of public facilities capacity is required prior to the issuance of such a Final Development Order. For additional information on concurrency, please contact the Department of Community Development. All applications for Re.Zoning must be completed and filed with the Department before 4:30 PM each business day to meet applicable filing deadlines. For an application submission to be determined complete, all required materials must be present at the time of submission. 1 ~:.~~ 20D5 , Project Information Applicant Information Name Chez Nous Park. LLC Address 8452 South US 1 Port St Lucie. FL 34952 PhonelFax 954-815-5051 Location Proposed for East side of Oleander Blvd. south ofU1rich Road Rezoning 341~234-0000-ooo-7 3410-233-0001-000-1 Property Tax ID #(s): 3403-502-0341-000-9 3403-502-0339-000-2 Legal Description (attach see attached legal description extra sheets if necessary) .. Section 10 Township 36S Range 40E Parcel Size Acres , Square Feet 43.9 1,912,284 Current Proposed Land Use Zoning Zoning Classification Desi2nation RS-2 Desi2nation RS-3 RU Existing Use of vacant parcel Property Is a Comprehensive PlanlLand Amendment Sought? [ ] Yes [et]No The following information you provide is very important in determining the outcome of your Rezoning request. It is required by the St. Lucie Land Development Code that appropriate findings be made to justify a Rezoning approval. Please use additional pages, ü necessary, to justify your request. Describe the reason for the requested change in zoning: The change in zoning from RS-2 to RS-3 is requested to make the subject parcel consistent with surrounding parcels that currently have RS-3 zoning classifications. A major site plan has been provided for a 102 lot single-family subdivision consistent with RS-3 zoning regulations. ~-' Is the propósed rezoning in conflict with any portion of the St. Lucie County, Land Development Code or the St. Luice County Comprehensive Plan? The proposed rezoning will not be in conflict with the St Lucie County Land Development Code or the St Lucie County Comprehensive Plan. Bow is the proposed change in zoning compatible with the existing uses in the area? The subject parcel is bordered on the north and west by parcels that have the same zoning (RS-3) that the applicant is seeking with the Zoning Change. Bow is the proposed change in zoning compatible with the Land Use designation on this property? The requested RS-3 zoning change is compatible with the existing RU Land Use designation. What conditions have changed in the immediate area that warrants consideration of this change in zoning? Parcels adjacent to and in the vicinity of the subject site currently have a zoning ofRS-3 and the parcel's existing Future Land Use ofRU warrants consideration of the zoning change. What are the anticipated impacts of the proposed rezoning on the existing and future public facilities in this area? No adverse impacts are expected with the zoning change. The Major Site Plan being submitted concurrently will have documentation attached that discusses capacity and traffic issues. What are the anticipated environmental impacts of the proposed rezoning? H no adverse impacts are anticipated, please explain why? No adverse impacts to the environment are anticipated. In the Mitigation Plan provided with the Major Site Plan there is shown to be no negative mitigation from the removal of existing native vegetation. Will the proposed rezoning result in an orderly and logical development pattern? Please explain. The parcel'sRU land use allows a maximum density of 5 du's/acre. A change in zoning from RS-2 to RS-3 would be a logical step in making the parcel consistent with adjacent higher density parcels. ---- -- ~ec, 5. 2005 î2:23PM THOMAS LUCIDO & ASSOCIATES Nß.L15l p. 12 ..1!IRd.AL NO'nct. ~:aIAD _EmU SlGNDU; AeIOlO....DCalSwn BKLO'W) S1.biøiœ øfdislQPplj-tino 4_ nøt r;oJlLl!fìNlcl &he IEIDtiDC af. pJø approwL .All ~ ~ md \c IØIt på.ar tø this JQÏed.'" ~ far øpptDVal to the.... ....- .ldtarity. .. r..._ CbIlllt.J ~ -1iPt to...'- .~ ~~~ " c:nSl.lft . cançdctlt~" øftbil....~/pIujcet. AC;~ ApþIkØ....... ~.p..-'I) ........) N.-: Oaez NGUS Pmk. U.c ~ .4S2StISl Pcøt Sf Lucie, fL 34952 PIlltH: 9S:4:l1S~SOSl Fb~ .............. ~_~ ~ LucìclGA AUDCiar.es AIIdrar. I ('J() AVClmc A. Sqitc 2A FOIl Pierce, rt. 3A9S0 ~ 461~1)Dl r_: 467-1303 P/....~_0Inat'~_ nis wiorri_..æ1Mll1leI:ØlliÛlItmt~.,..............-.a.~ of. 1In~...... ~~ wbfcb -.u __ DIM ~ "'Wi....... eftiI.,pllaltiak .............. 'n6~dJØ'1 sI~w.wsIIaD".-_ ~--.. ,h¡;;nl?"-"-~--- r........o.a.r " '- .....~ ff1 fjð i I-] & q~ ..,mf ~~L';~ ~ ."3l¡qS-5 I ' ...... 17r2'~l/~ 11.£14 "17 3.. ~ 31/'1- (,)~" r~ &'tAft_ .....m. COtIItI'Y OF ~ t Lu é... ...( 'The~M_1It_s.~WoœØ! lIIi. ~"-¡ÍI.. ~RD1,)/\t!.d ......, o..r NGIIt ( !'dill) Of'I'ØWI ota."1t ftoje:I a.MC'Mr. IbtCJt:Ì)t U! '^. W .201, '1"'. by IJ ARvI 5" ~dv œa:........ AiamVa1 0-: - whn ill ~.n,.-.-... __.....~~ .. idmtif'1CItitøt. r. tJ. ~vcJ.~+. _ '~œ~ ~b'\ 12, Th~::,;'J- T)Þc or friDt ~ of'MataIy . War_ Pòblic TiGlI¡ D.l> ÌJ,)~Î \" t'ft.....;«Õ. ~ (Sca1) ,,~V~I!". Karon C. Tussing l~&;-.o··.~~ CoInmission * DDI0S975 : c:.i 1.;, : ExPires Aprfi 4, 2006 ...,.. l~- ':;p~"~.io'~~ Bonded Thru ",/P,~,W\"" Atlantic. Bonding Co., IDe. BOARD OF COUNTY COMMISSIONE.RS GROWTH MANAGEMEN1 June 30, 2006 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 USA In accordance with the St. Lucie County Land Development Code, you are hereby advised that Chez Nous Park, LLC has petitioned St. Lucie County for a Change in Zoning from the RS - 2 (Residential, Single- Family - 2 du/ac) Zoning District to the RS - 3 (Residential, Single-Family - 3 du/ac) Zoning District for the following described property: Location: East side of Oleander Avenue, approximately 500 feet south of Ulrich 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 July 18, 2006, County Commissioner's Chambers, Sf. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at pu1:>lic 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 S1. 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: RZ 05-034. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Doug Coward, Chairman JOSEPH E. SMITH, District No, I . DOUG COWARD, District No.2. PAULA A. LEWIS, District No, 3. FRANNIE HUTCHINSON, DistIict No.4 . CHRIS CRAFT, Distriot No.5 County Administrator - Douglas M. Anderson . Website: www.co.st-Iucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GISlTechnical Services: (772) 462-2822 FAX: (772) 462-1581 S<:onomlc [)e\lelopment: (772) 462-1550 FAX: (772) 462-1579 Tourist Development: (772) 462-1535 1 (800) 344- TGIF FAX: (772) 462-2132 ~ I'-- ~iohtl""I""1 I ; III'--: 0)1 1001 II'-I iNI I II'- I I"" II'-ILOI l~iOI("'):<O CI) ~ ~I~IMI~ Mjl 1 I ~I ~I I~ I~I 1'81' ~I ~, 181~1 I~,C"') ("')'0 ° ("') "'f' "'f'il'- lOll'- I II'-- ("') ("') ¡("')' ("') ,I'-! ""! 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Lucie County Land Devel- opment Code and in accordance with the provi- sions of the SI. Lucie County Comprehensive Plan that the following applicants have requested that the SI. Lucie County Board of County Com- missioners considers their following requests: 1. CHEZ NOUS PARK, LLC for a Change in ~onin9 from the RS - 2 'Residential, Single· Family -2 du/ac} Zoning District to the RS - 3. (R~sidential, Single - Family· 3 du/ac) ZOning Dlstnct for the following described property: PARCEL Ii: THE WEST 2,5 ACRES OF THE NW 1/4 OF THE NE 1/4 OF THE SW 1/4 OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AND THE NORTH 1/2 OF LOT 255, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO FRANKLIN SHEEN'S MAP OF THE TOWN OF WHITE CITY, FLORIDA. TOGETHER KNOWN AS NW 1/4 OF THE NE 1/4 OF THE SW 1/4 OF SEC- TION 10, TOWNSHIP 36, RANGE 40 EAST, PARCEL #2: THE NORTH 1/2 OF THE SE 1/4 OF THE SW 1/4 OF THE NW 1/4 OF SECTION 10, TOWNSHIP 36 SOUtH, RANGE 40 EAST, CONTAINING 5 ACRES, MORE OR LESS, ST. LUCIE COUNTY, FLORIDA. PARCEL #3: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SW 1/4 OF THE NW 1/4 , LESS THE WEST 33 FEET THEREOF, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST, LUCIE COUNTY, FLORIDA. TOGETHER WITH: LOT 256 OF WHITE CITY AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FL'ORIDA, LESS AND EXCEPTING THEREFROM THE EAST 282 FEET OF THE WEST 315 FEET OF THE SOUTH 282 FEET OF THE , NORTH 462 FEET THEREOF, AND LESS THE WEST.33 FEET FOR ROAD RIGHT - OF· WAY, CONTAINING: 1,869,271 SQUARE FEET (42.912 ACRES), MORE OR LESS location: East side of Oleander Avenue, approxi- ',mately 500 feet south of Ulrich Road. 2. MO-JO ENTERTAINMENT for a 12-month ex- tension of an approved Conditional Use Permit to allow the operation of a free-standing bar in the CG (Commercial, General) Zoning District for the following described property: . MODEL LAND CO'S SID IN SEC 15 36 40 BLK4 THAT PART .OF LOTS 7 AND 8 IN SE 1/4 MPDAF: FROM NW COR OF SE 1/4 RUN S 89DEGREES 56' 27" E 78 FT TO E RNY OF US #l,TH SOD DEGREES 00' 27" E ALG E RNY 15 FT TO N LI OF LOT 7,TH CO NT SELY ALG E RMI 212 FT TO POB,TH N 89- DEGREES 59' 33" E 145.50 FT TO CURVE CONC NW,R OF 10 FT,TH NELY ALG ARC 15,71 FT,TH N OODEGAEES 00' 27" W , 56,85 FT TO CURVE CONC SW,R OF 25 FT,TH NWL Y ALG ARC 39.24 FT TO S RIW II OF KITTERMAN RD,TH S 89- DE.GREES 56' 27" E ALG S RMI II 423:07 FT TO W RIW LI OF CANAL,TH S OODEGREES 03' 03" W 1284.25 FT TO S LI OF LOT 8 ,TH N 89DEGREES 55' 49" W ALG S LI 282.35 FT,TH N OODEGREES OO~ 27" W 141.56 FT,TH N 64DEGREES 56' 37" W 73.07 FT,TH S 89 DEGREES 59' 33" W 168.81 FT TO CURVE CONC SE,R OF 35 FT,TH SWLY ALG ARC 36,99 FT TO E R/W OF US #1,TH N 00- DEGREES 17' 27" E 65.61 FT,TH S 89DEGREES 42' 33" W 12 FT,TH N 00 DEGREES 17' 27" W 841,69 FT TO POB-LESS FOL DESC PROP:FROM NW COR OF SE 1/4 RUN S 89 DEGREES 56' 27" E 78 FT TO E RIW OF US #1,TH S OODEGREES 00' 27" E ALG E RNV 257 FT,TH N 89 DEGREES 59' 33" E 30 FT TO POB,TH CO NT N 89 DEGREES 59' 33" E 125 FT,TH S OODEGREES 00' 27" E 180 FT,TH S 89- DEGREES 59' 33" W125 FT,TH N OODEGREES 00' , 27" W 180 FT TO POB AND LESS FOL DESC PROP: FROM NW COR OF SE 1/4 RUN S 89- DEGREES 56' 27" E 78 FT TO E R/W OF US #1,TH S OODEGREES 00' 27" E ALG E R/W 1319.15 FT TO S LI OF LOT 8,TH S 89DEGREES 55' 49" E ALG S II 551.79 FT TO SE COR OF LOT 8,TH N 00- DEGREES 03' 03" E ALG E II OF LOT 8 178.67 FT,TH N 89DEGREES 56' 57" W 15.58 FT TO POB TH N 01DEGREES 11' 43" E 225.40 FT,TH N , 46:3a.".W 13,99.Ð:,TH_S.22.D..f.GREE~ '14' 45" W 114.10 FT,TH N 65DEGREES 29' 51" W 29.91 FT,TH S 25DEGREES,31' 01" W 69.17 FT,TH S 65DEGREES 06' 14" E 20.26 FT,TH S 24- . -.. ~~i¡~,~:, }X,,6Jì..~~,J,ti ..~,6~'p"E~~E~^ 5";: Tuesday, July 4, 2006 Treasure Coast New:....papers Location: 6682B South U,S, Highway No, 1 (SI. Lucie Square Shopping Center). The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor" St. Lucie County Administration Build- ing, 2300 Virginia Avenue, Fort Pierce, Florida on July 18, 2006, beginning at 6:00 P.M, or as soon thereafter as possible. Action can be taken at this meeting, or the item can be continued to a future date and time. All interested persons will be given an opportunity to be heard, Written comments received in ad- vance of the public hearing will also be consid, .ered. YVri~en comments to the Board of County Commissioners should be received by the Growth Management Department - Planning Divi- sion at least 3 days prior to the scheduled hear- ing. The petition file is available for review, at the Growth Management Department offices located at 2300 Virginia Avenue, Fort Pierce, Florida, ~Iease call 772/462-2822 if you. have any ques- tions or require 'additional information, The file for this project may be inspected prior to the hearing date in the Growth Management Depart. ment, 2300 Virginia Avenue, 2nd Floor Fort Pierce, Florida. ' The St. Lucie Coìmty Board of County Commis- sioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commis sioners are electronically recorded, PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any '!latter considered at a meeting or hearing, he will need a record of the proceedings. Fo! such purpose, he may need to ensure that aver. batim ~ecord of the proceedings is made, which record Includes the testimoAY and evidence upon whièh the appeal is to be based. Upon the re- quest of any party to the proceeding, individuals testifying during a hearing will be sworn in, Any pa~ to the proceeding will be granted an oppor- tunrty to cro~s·examine any individual teStifying dUring a hearing upon request. If it becomes nec. essary, a pUblic hearing may be continued from ti'!le to time as may be necessary to a date.,çer- taln. Anyone with a disability requiring accommodation tl? attend this meeting shoüld contact the SI. Lu- cie 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, BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY, FLORIDA ISI DOUG COWARD, CHAIRMAN PUBLISH DATE: JULY 4, 2006 1426306 )ó ----~ Side 10' Side 0 Comer 20' Max Height 35' Max lot Coverage by Bldg. 20~ Street Light: --$- 12' Min Mounting Height ijor site plan for a 104 single family dwelling unit subdivision standards of SLC Land Development Code. 'ate roadways within 600' of the projects access points are )vided with this submittal Local and State Regulations regarding water conservation f underground s allowed 5' side setbacks on interior lots, 5' rear accessory lce upon granting of all necessary permits. tback a minimum of 5' from all Native Buffer areas and all ~ provided by Fort Pierce Utilities. iwings for the following information: ad utility and drainage easements ,d sewer tion 6.0203 and Section 6.00.05.C. St Lucie County Land !gards to wetland and tree protection are to be met only. donation of 32' for the future Right-of-Way of Oleander Ave. donation of 20' for the future Right-of-Way for Melville gn will conform to Chapter 9 of the St Lucie County Land Somerset St Lucie County Site Plan Sheet (i) ·1 E= ~ 1 of 3:% ~. a ~ =» N 1 ~ ~ 8- c:::» c:::» ª en ~ '~'l '-/ AGENDA REQUEST ITEM NO.' ___0t DATE: July 18, 2006 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Smiegel Partners IX-Orange Avenue Commercial Site - First Amendment to November 15, 2004 Development Agreement-first Public Hearing BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: This is the first of two public hearings. The second public hearing is scheduled for August 1. No action is required at this time. COMMISSION ACTION: E: be] APPROVED [] DENIED [ ] OTHER: Approved 5-0 Douglas Anderson County Administrator County Attorney: ...~ 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.: 06-1100 DATE: July 10, 2006 SUBJECT: Smigiel Partners IX-Orange Avenue Commercial Site-First Amendment to November 15, 2004 Development Agreement - First Public Hearing ~~~AA~~AAAAAA~~AAAAA~AAA~AAAA~~AAAAA~A***************************~~~AAAAA~~AAA~AAAAAA BACKGROUND: On November 15, 2004, the Board approved a Developer Agreement with Smigiel Partners IX, Ltd. Attached to this memorandum is a copy of a letter dated June 20, 2006 from Cynthia G. Angelos, Esquire, along with a draft First Amendment to the November 15, 2004 Development Agreement. As indicated in the draft First Amendment, there were clerical errors in the legal description attached to the November 15, 2004 Development Agreement. The intend of the First Amendment is to correct the legal description. In order to amend a Development Agreement, two (2) public hearings are required. Permission to advertise was granted on June 27, 2006 and notice was published in the Tribune on July 4,2006. RECOMMENDATION/CONCLUSION: This is the first of two public hearings. The second public hearing is scheduled for August 1. No action is required at this time. WEISS. HANDLER. ANGELOS & CORNWELL. P.A. CYNTHIA G. ANGELOS*· STEPHANIE S. COLLISON· t WILLIAM J. CORNWELL * * DAVID K, FRIEDMAN ROBERT BLAIR GOLDMAN ANTHONY p, GUETTLER HENRY B, HANDLER CAROL A, KARTAGENER<· ANNETTE J. SZOROSY HOWARD I, WEISS*** NORMA ECHARTE WIENER ATIORNEYS AT LAW 10521 SW VILLAGE CENTER DRIVE SUITE 101 PORT ST. LUCIE, FL 34987 PORT ST. LUCIE (772) 345-5297 (LAWS) FAX (772) 345-5296 WWW.WEISSANDHANDLER.COM E-MAIL CANGELOS@WHACLAWS.COM BOCA RATON OFFICE ONE BOCA PLACE 2255 GLADES ROAD SUITE 218A BOCA RATON, FLORIDA 33431 BOCA RATON (561) 997-9995 PALM BEACH (561) 734-8008 OF COUNSEL RAOUL LIONEL FELDER + HARRY WINDERMAN * FL, VA BARS * * FL, GA BARS ***FL, NY BARS . ADMITTED UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA + NY BAR, NOT ADMITTED IN FL <- BOARD CERTIFIED MARITAL is.. FAMILY LAW t CERTIFIED CIRCUIT CIVIL MEDIATOR June 20, 2006 VIA HAND DELIVERY Daniel McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: Smigiel Partners IX- Orange Avenue Commercial Site Dear Dan: Pursuant to our discussion, we have enclosed for your review a First Amendment to the November 15,2004 Development Agreement (DV A-04-002). Please advise me of any changes you may require at your earliest convenience. If the Amendment is acceptable, please schedule the same for the first possible public hearing and advise me of the same. Thank you so much for your assistance in this regard. Very truly yours, OS CGA/kld enclosure(s) cc: Gary Smigiel Robert Raynes, Jr., Esq. I~~ !ýJ'.~~~ tßtó '{ï~ S:ICLlENTS\SMIGIEL P ARTNERSISMIGIEL IX -ORANGE AVE SITEIL-MClNTYRE-I ,doc FIRST AMENDMENT TO THE NOVEMBER 15, 2004 DEVELOPMENT AGREEMENT (DV A-04-002) BETWEEN THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA AND SMIGIEL PARTNERS IX, LTD. THIS FIRST AMENDMENT made and entered into this day of ,2006, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County") and SMIGIEL PARTNERS IX, LTD., a limited partnership (the "Developer"). WITNESSETH: WHEREAS, on November 15, 2004, the parties entered into a Development Agreement (the "Development Agreement") for the purpose of establishing and binding the development rights of the Developer for certain real property located within the unincorporated area of St. Lucie County, Florida. WHEREAS, due to a clerical errors the legal description attached to the Development Agreement as Exhibit "A" is an incorrect legal description of the Property. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Development Agreement as follows: 1. Exhibit "A-I", attached hereto, which contains a correct legal description of the Property, shall be substituted for and shall take the place of Exhibit "A" attached to the Development Agreement. 2. All other terms and conditions of the Development Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment to the November 15, 2004 Development Agreement (DV A-04-002) on the day and year above first written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORECTNESS: COUNTY ATTORNEY ATTEST: SMIGIEL PARTNERS IX, LTD. WITNESS PARTNER S:\CLIENTS\SMIGIEL PARTNERS\SMIGIEL IX -ORANGE AVE SITE\FIRST AMENDMENT TO DEVELOPMENT AGREEMENT. doc EXHIBIT "A-1" LEGAL DESCRIPTION THREE PARCELS OF LAND LYING IN PORTIONS OF THE SOUTH HALF (S 1/2) OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL S-1 [LYING IN THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7] COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 89°42'05" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, A DISTANCE OF 3346.98 FEET TO THE WEST LINE OF THE EAST HALF (E 1/2) OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE SOUTH 00°15'12" WEST ALONG SAID WEST LINE, A DISTANCE OF 49.07 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF ORANGE AVENUE (STATE ROAD NO. 68), AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, STATE PROJECT NO. 94070-2505 (UNRECORDED), MAP AS PREPARED BY BETSY LINDSAY, INC., DATED 07/03/02, SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 49.07 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7, SAID POINT ALSO BEING THE POINT OF BEGINNING OF PARCEL S-1; THENCE CONTINUE SOUTH 00°15'12" WEST ALONG THE SAID WEST LINE, A DISTANCE OF 357.58 FEET; THENCE NORTH 89°43'35" EAST, A DISTANCE OF 610.47 FEET TO A POINT ON THE WEST LINE OF NORTHERN ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29; THENCE NORTH 00°17'48" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 349.43 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 68 AS PER THE AFOREMENTIONED FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAPS; THENCE NORTH 7r21'41" WEST, A DISTANCE OF 37.66 FEET; THENCE SOUTH 89°42'05" WEST, A DISTANCE OF 223.05 FEET; THENCE SOUTH 79°37'04" WEST; A DISTANCE OF 63.48 FEET; THENCE SOUTH 88°25'55" WEST, A DISTANCE OF 101.71 FEET; THENCE SOUTH 89°42'05" WEST, A DISTANCE OF 126.10 FEET; THENCE NORTH 76°14'44" WEST, A DISTANCE OF 55.00 FEET; THENCE SOUTH 89°42'05" WEST, A DISTANCE OF 7.26 FEET TO THE POINT OF BEGINNING. THE PREVIOUS 7 COURSES BEING CONTIGUOUS WITH THE SOUTH RIGHT-OF- WAY LINE OF STATE ROAD 68. CONTAINING 4.927 ACRES, MORE OR LESS. PARCEL S-2 [LYING IN THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7] 1 OF 3 COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 89°42'05" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, A DISTANCE OF 2349.55 FEET; THENCE SOUTH 00°13'49" WEST, A DISTANCE OF 46.50 FEET TO A POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 68, SAID POINT ALSO BEING THE POINT OF BEGINNING. THENCE SOUTH 00°13'49" WEST, A DISTANCE OF 359.45 FEET; THENCE SOUTH 89°42'43" WEST, A DISTANCE OF 285.12 FEET TO A POINT ON THE EAST LINE OF NORTHERN ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29 RIGHT-OF-WAY; THENCE NORTH 00°17'48" EAST ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 341.30 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 68; THENCE NORTH 84°14'17" EAST, A DISTANCE OF 80.86 FEET; THENCE NORTH 89°42'05" EAST, A DISTANCE OF 85.35 FEET; THENCE NORTH 65°43'50" EAST, A DISTANCE OF 25.60 FEET; THENCE NORTH 89°42'05" EAST, A DISTANCE OF 95.65 FEET TO THE POINT OF BEGINNING, THE PREVIOUS 4 COURSES BEING CONTIGUOUS WITH THE SOUTH LINE OF STATE ROAD 68. CONTAINING 2.30 ACRES, MORE OR LESS. LEGAL DESCRIPTION PARCEL S-3 [LYING IN THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7] COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 89°42'05" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, A DISTANCE OF 1006.95 FEET TO THE EAST LINE OF THE WEST HALF (W 1/2) OF THE WEST HALF (W 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 00°02'10" EAST ALONG SAID EAST LINE, A DISTANCE OF 49.07 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF ORANGE AVENUE (STATE ROAD NO. 68), AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, STATE PROJECT NO. 94070-2505 (UNRECORDED), MAP AS PREPARED BY BETSY LINDSAY, INC., DATED 07/03/02, SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 49.07 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, SAID POINT ALSO BEING THE POINT OF BEGINNING OF PARCEL S-3; THENCE CONTINUE SOUTH 20F3 , , 00°02'10" EAST ALONG THE SAID EAST LINE, A DISTANCE OF 1000.01 FEET; THENCE SOUTH 89°42'05" WEST DEPARTING SAID EAST SECTIONAL BREAKDOWN LINE, A DISTANCE OF 1179.03 FEET; THENCE NORTH 00°11 '49" EAST; A DISTANCE OF 1000.04 FEET TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE· FOR STATE ROAD 68, SAID RIGHT-OF-WAY LINE AS PER THE ADDITIONAL RIGHT-OF-WAY SKETCH AS PREPARED BY BETSY LINDSAY, INC., FOR FLORIDA DEPARTMENT OF TRANSPORTION, W.P.I. NO. 4119208, SECTION 940705-2505 DATED 07/03/02; THENCE NORTH 89°42'05" EAST, A DISTANCE OF 177.96 FEET; THENCE SOUTH 76°59'02" EAST, A DISTANCE OF 51.28 FEET; THENCE NORTH 89°42'05" EAST, A DISTANCE OF 394.68 FEET; THENCE NORTH 74°45'14" EAST, A DISTANCE OF 45.79 FEET; THENCE NORTH 89°42'05" EAST, A DISTANCE OF 508.19 FEET TO THE POINT OF BEGINNING. THE PRÈVIOUS 5 COURSES BEING CONTIGUOUS WITH THE SOUTH RIGHT-OF- WAY FOR STATE ROAD 68. CONTAINING 26.90 ACRES, MORE OR LESS. S:\CLlENTS\SMIGlEL P AR1NERS\SMIGIEL IX -ORANGE AVE SITE\EXHIBIT A- I .doc 3 OF 3 t 6r: Consulting Engineers · Land Surveyors 2980 South 25th Street· Ft. Pierce, FL 34981 (772) 464-3537 . Fax (772) 464-9497 www.ct-eng.com July 18, 2006 Writers e-mail_rladyko@ct-eng.com Job #05-106.1 VIA: HAND DELIVERY TO Honorable Douglas Coward, Chairman St. Lucie County Board of County Commissioners 2300 Virgunia Avenue Ft. Pierce, Florida 34982 Subject: Proposed Development Agreementl St. Lucie County and Incom Properties 31, Inc. Dear Commissioner Coward: On Tuesday, July 18, 2006, the St. Lucie County Board of County Commissioners are scheduled to hold the first of two public hearings on a proposed Development Agreement between our clients, Incom Properties 31, Inc. and St. Lucie County. This Development Agreement is intended to provide the County funding for the commencement of certain preliminary and final design actions associated with the improvement of the intersection of North Kings Highway and Angle Road. In consideration of our clients giving the County approximately 1.5 million dollars towards the improvement of this intersection, this Agreement will provide for the grating of certain levels of site plan approval for the non-residential projects to be known as King Leal industrial subdivision, Regions Center industrial subdivision and Kings Center industrial subdivision. All of the proposed development are located along North Kings Highway and are within % of a mile of the intersection of North Kings Highway and Angle Road. Unfortunately, our client has only just received a copy of the final draft of the proposed Development Agreement. We have had a brief opportunity to review the final draft of the document, and unfortunately we have found that we still have some concerns and/or questions with how the Agreement is presently worded. Accordingly, and in order to allow for additional time for us to meet with the appropriate County staffers, we would appreciate this Board continuing the first public hearing on our proposed Development Agreement until the Boards regularly scheduled meeting of August 15th, at the earliest. We acknowledge that this will result in the second, and final reading, of this agreement being sometime in September of2006. We believe that our remaining questions can be resolved or addressed quickly, but rather than waste this Board's time with an incomplete document, we believe that the requested delay in this matter will provide adequate opportunity to ensure that all of the outstanding issues are in fact agreeable to all parties. i\ ~ ~n.srlWR !, IjLJUL'~ 'Š2~Ô6J,1 CO. ADMit'i. OFFiCJ .- * July 18, 2006 Page 2 Subject: Incom Development Agreement On behalf of our clients, Incom Properties 31, Inc, I would thank the Board for your consideration in this matter. Sincerely, Culpepper & Terpening, Inc. ichard Ladyko, P .E. Vice-President cc: Commissioner Craft Commissioner Hutchinson Commissioner Lewis Commissioner Smith County Administrator County Attorney Growth Management Director Geoffrey Gennony, Incom Properties 3] -,. Agenda Request Item Number bE- Date: 07/18/06 Consent Regular Public Hearing Leg. [ ] [ [ ) [ X ) Quasi-JD [ To: Submitted By: Board of County Commissioners Growth Management Presented By 7S d! /l1~ Growth Management Director SUBJECT: Consider Draft Developers Agreement OVA 06-001 approving a Developers Agreement between Incom Properties and St. Lucie County BACKGROUND: Incom Properties has proposed, through a Developers Agreement, funding improvements to the intersection of Angle Road and Kings Highway and prepaying Impact Fees for two projects in the vicinity of the intersection. These improvements are necessary to mitigate traffic impacts of the proposed projects. The Agreement provides a funding mechanism to begin construction of an intersection that is required for the developer to meet traffic concurrency requirements for two projects in the vicinity of the intersection. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to schedule the second of the required public hearings for the proposed Developers Agreement for the Board's August 1, 2006 regular meeting. Approved 5-0 Motion to continue to August 15, 2006 at 6:00 p,m. or as soon thereafter as may be heard, COMMISSION ACTION: ~ APPROVED I I OTHER D DENIED Coordination! Signatures Mgt. & Budget: tJn? 1.-+ Public Works: Purchasing: Other: County Attorney Originating Dept.: Finance: County Commission Review: July 18, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners Through: Bob Nix, Growth Management Director From: David Kelly, Planning Manager Date: July 10,2006 Subject: Incom Properties has proposed, through a Developers Agreement (Agreement), funding improvements to the intersection of Angle Road and Kings Highway and prepaying Impact Fees for two projects in the vicinity of the intersection. These improvements are necessary in order to mitigate the traffic impacts of the proposed projects. The Agreement provides a funding mechanism to design and begin construction of an intersection that is required for the developer to meet traffic concurrency requirements for these proposed projects. Consider Draft Developers Agreement - OVA 06-001 approving a Developers Agreement between InCom Properties (Developer) and St. Lucie County (County) providing for developer impact mitigation funding of the design, permitting, and a partial payment toward construction of the intersection of Angle Road and Kings Highway. The agreement also provides for the prepayment of existing Traffic Impact Fees, together with payment of additional Traffic Mitigation Fees, the sum of these Traffic Impact and Traffic Mitigation Fees is to equal the proposed new Traffic Impact Fee. The remaining costs of construction will be collected in total or in part through impact mitigation agreements for other developments. The total payment to the County from InCom Properties, Inc. is proposed to be $1,500,000 which covers the total mitigation costs for two of their projects located near each other on Kings Highway (Regions Center and King Leal Industrial Center). This is the first of two required public hearings on this matter. The second public hearing is scheduled for your regular meeting of August 1, 2006. At that time, with the Commission's approval, and after the approval of this Developers Agreement, the site plans for the two projects (Regions Center Industrial Subdivision and King Leal Industrial Subdivision) will be considered. Staff recommends that he Board authorize the staff to schedule the second of the required public hearings for the proposed Developers Agreement for August 1,2006, at 6:00p.m. or as soon thereafter as it may be heard to coincide with consideration of the referenced site plans. Please contact this office if you have any questions on this matter. SUBMITTED: P crt tI-i- Bob Nix, AICP Growth Management Director July 11, 2006 Page 2 Subject: Rio Lago SID File No.:MJSP-05-014 wc cc: Jeffrey Lavenhar, Rio Lago Acquisitions, LLC Dennis J. Murphy, Culpepper & Terpening, Inc. Michael Powley, P.E., County Engineer Ron Harris, County Surveyor Johnathon Ferguson, Esq., Ruden McClosky File DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AND INCOM PROPERTIES This Agreement is made and entered into this 151 day of August, 2006, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "Board"), and INCOM PROPERTIES, INe. (the "Developer"). RECITALS WHEREAS, the Board and the Developer recognize the following: A. This Agreement is entered into in accordance with the Florida Local Government Development Agreement Act, 163.3220-163.3243, Florida Statues (Act), and Section 11.08.00 (Development Agreements) of the St. Lucie County Land Development Code (LDC). B. Developer is the owner of certain real property (Property) located in St. Lucie County, Florida, as more particularly described in the attached Exhibit "A" (Property). C. The County has determined that improvements to the intersection of Kings Highway and Angle Road are needed in order to maintain concurrency management requirements for the industrial park projects proposed on the Property by the Developer, and that the cost of such improvements is in the vicinity of $10,000,000.00, which amount is excessive in relation to the size and cost of the development proposed on the Property . D. The County has determined that improvements to the intersection of Kings Highway and Angle Road cannot be funded by the public at the present time, and that any funding that can be obtained to expedite the design and construction of intersection improvements would provide a benefit to the public health, safety, and welfare. E. The County has determined that a proportionate share of costs study, intersection design, and permitting would expedite the funding and construction of improvements to the intersection of Kings Highway and Angle Road, and that funding of these items is sufficient mitigation potentially representing a fair share of the costs of improvements that should be borne by the Developer for the industrial parks proposed on the Property. F. In order to foster comprehensive and sound capital facilities planning and financing, to ensure the provision of adequate public facilities for development concurrent with the impacts of development, and to afford certainty in the approval of development, the Board and Developer desire to establish by agreement the terms under which the Property may be developed. G. On July 18,2006 the Board held the first public hearing on this Agreement, after publishing notice approximately seven days prior to the first hearing. Notice of intent to consider this Agreement was mailed by the Board at least 15 days prior to the first hearing to all property owners, as reflected on the current years tax roll, lying within 500 feet ofthe Property. H. On August 1, 2006, the Board held the second public hearing on this Agreement, after publishing notice approximately seven days prior to the second public hearing and after announcing at the first public hearing the day, time, and place of such public hearing. NOW, THEREFORE, in consideration of the mutual covenants entered between the parties, and inconsideration of the benefits to accrue to each, it is agreed as follows: 1. Recitals. The above recitals are true and correct. 2. Mandatorv Provisions. a. Le~al Description and Owner. The land that is the subject of this Agreement is described in the attached Exhibit "A". Exhibit "A" contains legal descriptions for two properties: Regions Center, and King Leal industrial subdivisions. The owner of legal and equitable title to the Properties is INCOM PROPERTIES, INC., a Florida Corporation. b. Duration. This Agreement shall expire ten (10) years after the effective date provided in Section 13, unless earlier terminated as provided in Sections 9 and 10. c. Uses. Densities. Intensities. Height. and Architectural Standards The development uses permitted on the Property, including densities, intensities, and height, shall be as follows: Uses Allowed: Industrial Park Density Allowed: Not Applicable to nonresidential development. Intensity Allowed: Regions Center - 32 lot industrial subdivision on 30.07 acres (m.oJ.) King Leal Industrial Center - 11 lot industrial subdivision on 34.33 acres (m.o.l.) Maximum Permitted Height of Buildings and Structures: 35 feet, both projects Architectural Standards: Such architectural standards as may be imposed by the Board of County Commissioners on future Planned Developments and conditional uses permitted within the two projects shall be followed. No other architectural standards apply on the effective date of this Agreement. However, should the County create future architectural standards that apply Page 20fl7 to development of any lot or lots within the Property, buildings and structures constructed after the effective date of those architectural standards shall comply with the adopted County architectural standards in effect at the time of site plan approval. d. Future Land Use Map Designation. The land use designation of the Property under the future land use element of the adopted S1. Lucie County Comprehensive Plan is IND, Industrial for both proj ects. e. Zoning. The current zoning of the Property is IL, Industrial Light for both projects. f. Site Plan. On March 15, 2006 for King Leal Industrial Center and April 20, 2006 for Regions Center, the Developer submitted final site plan review applications for the projects, and on August 1, 2006, obtained Board approval of the final site plans for the Property consistent with the provisions of Section 2c herein. g. Public Facility Adequacy. Development of the Property is contingent upon completion or funding of the improvements identified in Exhibit "C". h. Local Development Permits. The local development permits required for the development of the Property are: (1) Regulatory Permits - surface water management permits(s) from the South Florida Water Management District; Driveway permit(s) from the Florida Department of Transportation. The need for other regulatory agency permits shall be determined based upon final site construction plans. (2) Subdivision plat approval- will be required prior to the sale of any lots or properties. (3) Final development order - required prior to commencing site construction. (4) Site plan approval- required prior to commencing site construction. (5) Approval of constructible site engineering plans - required prior to commencing site construction. (6) Tree removal permit - required prior to commencing site construction. (7) Building permit - required prior to commencing building construction. 1. Responsibility for Local Development Permits. Page 3 of 17 All local development permits shall be obtained at the sole cost of the Developer and in the event subdivision plat approval and/or a building permit islare not received, no further development of the Property shall be allowed until such time as the Board has reviewed the matter and determined whether or not to terminate this Agreement or to modify it in a manner consistent with the St. Lucie County Comprehensive Plan. J. Consistency with Comprehensive Plan. The Board finds that the development of the Property as provided in this Agreement is consistent with the St. Lucie County Comprehensive Plan. k. Consistency with the Land Development Code (LDC). Provided that the Developer submits and obtains Board approval of a site plan in accordance with Section 2c of this Agreement that complies with the County's Land Development Code ("LDC"), the Board finds that the development of the Property as provided in this Agreement is consistent with the LDC. 1. Compliance with Other Law. Failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Developer of the necessity of complying with the law governing such permitting requirement, condition, term, or restriction; and any matter or thing required to be done under existing ordinances of St. Lucie County shall not be otherwise amended, modified, or waived unless such amendment, modification or waiver is expressly provided for in this Agreement with specific reference to the code provision so amended, modified, or waived. ill. Necessary Conditions. The Board reserves the right to impose conditions and requirements on any development order as necessary to protect the health, safety, and welfare of the public and the citizens of St. Lucie County. 3. A2:reement to Fund and/or Construct Improvements. Subject to the approval of the County, and consistent with Exhibit "C", the Developer agrees to fund the design and permitting, right-of-way acquisition and construction of the improvements identified in Exhibit "c" prior to recording a final plat for either subdivision. The Developer shall not be responsible for costs in excess of the current estimate of $1,056,153.80. The Developer shall deliver to the County funds in this amount, in cash or in a cash equivalent form acceptable to the County Attorney. 4. Road Impact Fee. Until such time as the Road Impact Fees shall be amended based on the September 2005 recommendation from the County's consultant, James Nicholas, Ph. D., which amendments are currently being processed by the County, the Developer agrees to pay the road impact fee at the current rate provided for by the Land Development Code. Should the County's Road Impact Fees be amended prior to the Page 4 of 17 payment of said fees by the Developer, the Developer agrees to pay Road Impact Fees at the amended rate. The Developer also agrees to pay mitigation fees for the project impacts in exchange for permitting the project to obtain development approval before road concurrency requirements are met. Mitigation fees paid by the Developer, in concert with other funding, is expected to provide partial funding for improvements that will cause roads impacted by development of the Property to operate at capacity within ten (10) years from the date of this Agreement, or to provide alternative improvements to mitigate project impacts in the event sufficient funds to pay for the improvements necessary to achieve the desired level of service cannot be obtained within the expected ten year period. 5. Road Impact Mitig:ation Fees. In order to permit development of the Property, the Developer agrees to pay the following fees as mitigation of road impacts: a. Additional impact fees. In addition to the impact fees provided by the existing Land Development Code, the developer agrees to pay a higher impact fee amount equal to $578/1,000 sq. ft. industrial building gross floor area, the new impact fee rate recommended by James C. Nicholas, Ph. D. in September 2005, and currently being processed for approval by the County. The amount of additional mitigation fees total $105/1,000 sq. ft. of proposed gross building floor area. The amount of presently required road impact fees is $473/1 ,000 sq. ft. The total agreed upon contribution toward road impact fees, including both the basic impact fee and the additional road impact mitigation fee is $443,846.20. This fee is based upon the square feet of building area reported in the Traffic Impact Reports on which the approval of the Regions Center and King Leal industrial subdivisions is based. The reported development intensity is 525,000 square feet for Regions Center and 242,900 square feet for King Leal Industrial Park. The total of 767,900 square feet divided by 1,000 yields 767.9 thousands of square feet. 767.9 multiplied by $578 equals the impact fee plus mitigation amount noted herein. Should the total gross floor area of buildings permitted within the combined subdivisions exceed 767,900 square feet, an additional road impact fee at the then- applicable road impact fee rate shall be paid to the County based upon the calculations required by the impact fee ordinance or resolution then in effect. Should build-out of the two subdivisions total less than the 767,900 square feet of gross floor area herein permitted, no refund of impact fees shall be due from the County, and the Developer agrees not to pursue a refund of impact fees. b. Developer contributions toward road improvements in addition to impact fees and impact fee mitigation. In addition to the above fees, the Developer agrees to pay mitigation fees as set forth in Exhibit "Coo. 6. Munici al Services Benefit Unit MSB - Munici al Services Taxin Unit STU The owner/developer specifically agrees to consent to establish an MSBU or MSTU on each of the individual properties subject to this agreement if the County deems that an MSBU or MSTU is an appropriate funding mechanism for the required improvements. Further, the owner/developer agrees not to oppose any future MSBU or MSTU that may be approved for funding the referenced improvements. 7. Road Impact Fee Credits. In consideration of the benefits received pursuant to this agreement, the Developer hereby waives any rights to road impact fee credits available it, Page 50f17 its successors, or assigns by way of the provisions in the adopted St. Lucie County Comprehensive Plan and Land Development Code, and agrees to pursue no legal action to obtain said impact fee credits. 8. Site Plan Submittal. On or before September 1, 2006, the Developer agrees to provide final site plans (the "Site Plans") to the Board in accordance with provision 2c of this Agreement showing the proposed development of the Properties. The Developer further agrees that the plans for development of the Properties as shown on the Site Plan will not be changed unless approved by the Board in its discretion by action of the Board separate and apart from any regulatory approvals required for the development of the Property by the Board or any other regulatory agency. 9. Road Ri!!ht-of-Wav Dedication. Within forty-five (45) days from the date of this Agreement, the Developer agrees to dedicate and convey to the Board land for right-of- way purposes as shown on Exhibit "B". The conveyance shall be by general warranty deed in recordable form and shall be free and clear of all liens and encumbrances. At least fifteen (15) days prior to the conveyance, the Developer, at the Developer's expense, shall deliver the following to the Board: a. Commitment for title insurance showing that the Owner has marketable title to the right-of-way parcel. Within forty-five (45) days after the closing, the Developer shall deliver a title policy to the County consistent with the commitment naming the County as the insured. b. Sealed survey certified to the Board showing no encroachments. c. Phase I Environmental Audit certified to the Board showing no evidence of hazardous waste contamination on the right-of-way parcel. d. Beneficial Interest Affidavit, if required. 10. Pavment of Impact and Miti!!ation Fees. No building permit shall be issued for development of the Property, and no final plat for either project shall be approved for recording in the Public Records of Saint Lucie County ~Florida, unless and until any and all impact fees required under then applicable ordinances and mitigation fees required herein by this Agreement have been paid by the Developer or its successors or assigns. 11. AdeQuacv of Public Facilities: Continued Reservation of Capacity. The following items in regard to the adequacy of public facilities m this area are acknowledged: a. Drainage: The properties are not located within an identified 100-year flood zone. All construction activities will be in accordance with the applicable St. Lucie County and South Florida Water Management District permitting standards and regulations. b. Potable Water: The projects are required to extend or connect to the St. Lucie County potable water system. Page 60f17 c. Sanitary Sewer: The projects are required to extend or connect to the St. Lucie County sanitary sewer system. d. Solid Waste: Sufficient capacity exists in the S1. Lucie County Landfill to service the anticipated demands of the proposed development of the Properties. e. Parks: Not applicable to industrial projects. e. Mass Transit; Not applicable to these projects and Properties. f. Roads: Subject to completion of the improvements identified on Exhibit "C" and the payment of impact fees and mitigation fees herein required, the County is pursuing a program of improvements funded from developers, the Florida Department of Transportation, and the County that is designed to ensure that sufficient roadway capacity will exist within ten years to support the proposed development of the Property. Said program of improvements is long term, and there is some risk that in spite of the best efforts of all parties sufficient capacity may not be available within ten years. In such event, funds collected pursuant to this Agreement may be diverted to other transportation improvement projects or programs that will provide additional capacity, operational improvements, mass transit or other modes of travel alternatives. Based on the signing of this Agreement and its approval by the Board of County Commissioners and the completion of items identified in paragraphs 3, 4, and 5 above, Certificates of Capacity shall be issued for the Projects as a part of, or subsequent to, their site plan approvals. Pursuant to these approval resolutions (Resolution 06-169, Regions Center Industrial Park Subdivision, adopted on August 1, 2006, and Resolution 06-168, King Leal Industrial Park Subdivision adopted on August 1, 2006), said certificates of capacity shall expire if the items identified in paragraphs 3,4, and 5 above have not been completed as required in this Agreement. If the certificate of capacity expires, the Developer shall reapply for a certificate of capacity after completion of the items identified in paragraphs 2, 3, and 4 above, and additional contributions beyond the proportionate share in an amount equal to Road Impact Fees at the latest studied rate shall be due from the owner/developer to the County as a penalty for non-compliance. Proportionate share contributions shall only be accepted following expiration of the certificate of capacity authorized herein for improvements that are impacted by the development of the Property that are included in the Five-year Capital Improvements Program in the adopted St. Lucie County Comprehensive Plan at the time the new certificate of capacity is issued. Mitigation up to the full amount of the cost of improvements shall be required to address all other impacts of development of the Property, except for those impacts on the transportation system that are mitigated completely by improvements shown as funded in the first three years of the County's adopted Five-year Capital Improvements program then in effect. Other facilities and services must then meet the level of service test at the time building permits are issued for the development of the Property. In this event, no building permit shall be issued until said penalty is paid. Page 1 of 17 The proportionate share computations provided pursuant to Exhibit C shall be verified by the County and compared to the total amounts paid pursuant to items 3, 4 and 5 above. If the total amount paid pursuant to items 3, 4, and 5 above is less than the proportionate share computation, the Developer shall pay the difference prior to issuance of the first building permit for either project. If the total amount paid pursuant to items 3, 4, and 5 above is greater than the proportionate share computation, the difference shall be returned to the Developer, first through impact fee credits, and then through payments from impact fees collected from other projects within the corridor. The County anticipates providing additional north/south roadway capacity either as an expanded Kings Highway or through the provision of an alternate route parallel to Kings Highway. The County further anticipates that such improvements shall be funded through developer payments from other projects that benefit from the corridor improvements. The payments may be through a combination of funding mechanisms, including but not limited to Proportionate Share Contributions, Road Impact Fee payments, Municipal Services Benefit Units (MSBU), and/or Municipal Services Taxing Units (MSTU). 12. Amendment or Cancellation bv Mutual Consent. This Agreement may be amended or cancelled by mutual consent of the parties, and shall automatically terminate upon the issuance of the last Certificate of Occupancy for last residential building as shown on the Site Plan Materials. Prior to amending this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. No further development permits that would result in the generation of any additional required Level of Service impacts will be issued until a new Final Development Order has been issued. Any application for a new Final Development Order, except for a modification to an existing building, structure, or site facility that does not require a new concurrency review, will be subject to all applicable standards and regulations in effect at the time the application is filed. Any application for Final Development Order, for a modification to a building, structure, or site facility built or constructed in accord with the terms of this development agreement shall be subject to any applicable St. Lucie County construction standard or code in effect at the time the application is filed. 13. Involuntarv Revocation of Development A!!reement. The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation of this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public hearing(s), the Developer will be given an opportunity to rebut the determination that the requirements of this Agreement, or any amendments thereto have not been complied with. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Development Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement. The provisions of Paragraph 4 requiring Page 8 of 17 Board approval of any change in the Site Plan shall survIVe the revocation of the Agreement. 14. Term. Except for the automatic tennination provided in paragraph 12 of this Agreement, the tenn of this Agreement shall be ten (10) years from the effective date. This Agreement may be extended by mutual consent of the Board and the Developer, subject to public hearing in accordance with Section 11.08.02 of the LDC. 15. Recordine:~ Submission to Florida Department of Communitv Affairs. Within 14 days after the Board enters this Agreement, the Clerk to the Board shall record the Agreement in the Public Records of St. Lucie County. A copy of the recorded Agreement shall be submitted to the Department of Community Affairs within 14 days after the Agreement is recorded. If this Agreement is amended, cancelled, modified, extended, or revoked, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Community Affairs. 16. Effective Date. This Agreement shall be effective 30 days after its receipt by the Florida Department of Community Affairs. Notice of the effective date of this Agreement shall be provided by the Board to all effected parties to the Agreement. 17. Annual Review. In accordance with Section 11.08.08 of the LDC, the Board shall review the development that is subject to this Agreement every 12 months, commencing 12 months after the effective date of this Agreement. The Board shall begin the review process by giving notice, a minimum of 30 days prior to the anniversary date for the effective date of this Agreement, to the Developer of its intention to undertake the annual review of this Agreement and of the necessity for the Developer to provide the following: a. An identification of any changes in the plan of development as contained in the Site Plan Materials, or in any phasing for the reporting year and for the next year. b. If the Site Plan materials provided for phasing, a summary comparison of development activity proposed and actually conducted for the year. c. Identification of undeveloped tracts of land that have been sold to a separate entity or Developer. d. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. e. Identification of significant local, state and federal pennits which have been obtained or which are pending by agency, type of pennit, pennit number and purpose of each. Page 9 o£1 7 Any information required of the Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. For each annual review conducted during years 6 through 10 of this Agreement, the Board shall prepare a written report in accordance with rules promulgated by the state land planning agency. The report shall be submitted to the parties to the Agreement and the State land planning agency. If the County finds on the basis of substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County may revoke or modify the terms of this Agreement. 18. Effect of Contrary State or Federal Laws. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. 19. Enforcement. Either party, any aggrieved or adversely affected person, or the state land planning agency, may file an action for injunctive relief in the Circuit Court for St. Lucie County to enforce the terms of this Agreement or to challenge compliance of this Agreement with the provisions of the Act or Section 11.08.00 of the LDC. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. 21. Headin2s. 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. 22. 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. 23. 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 know, 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 Page 10 of 17 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, unless otherwise specified in the Agreement. 24. Assignment This Agreement may be assigned by Developer to its legal representatives and successors-in-interest provided that impact fee credits are limited solely to the property described in Exhibit A. 25. 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; provided, however, Developer shall have no obligations, duties, responsibilities, or liability under this Agreement if Developer's Project is not approved by County, or if the Project is approved, the Developer requests the County to rescind the resolution approving the Project and the County rescinds the resolution. Such rescission shall not be unreasonably withheld. 26. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 27. 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. 28. 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. The Development Orders, Development Permits, Certificate of Capacity and conditions thereon pertaining to the Property are lawful government actions, and shall not be construed as agreements. 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. 29. Notices. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: For the Board: County Administrator St. Lucie County Page 11 of 17 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 with a copy to: County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 For the Developer: Incom Properties 5500 Military Trail, 22-313 Jupiter, FL 33458 With a copy to: Jeffery P. Zane, Registered Agent InCom Properties 4800 Riverside Drive, Suite 101 Palm Beach Gardens, Florida 33410 30, Successors and Assi2ns. This Agreement shall be binding upon the parties and their successors and assigns. In the event of assignment of this Agreement, the Developer shall provide notice to: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 31. Venue. In the event it is necessary fo reither party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and teh Souther District of Florida for any claims which are justiciable in federal court. 32. Mediation. Prior to entering into legal action in court, the parties hereto agree to mediation of any disputes through a mutually agreed upon thrid party mediator. The expenses of the mediator shall be equally shared by the parties to this Agreement. Page 12 of 17 IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed and delivered in thepresence of: InCom Properties, Inc. a Florida Corporation By: Print Name: Witness Print Name: Witness ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of , 2006, by , Johnson Road Development Group, L.L.c., a Florida Corporation, who is _ personally known to me, or _ who has produced as identification and who didl_ not take an oath. Notary Seal Notary Public, State of Florida Print Name: My Commission Expires: Page 13 of 17 EXHIBIT A INCOM PROPERTIES, INC. DEVELOPMENT AGREEMENT FOR KING LEAL INDUSTRIAL PARK SUBDIVISION AND REGIONS PARK INDUSTRIAL PARK SUBDIVISION ST. LUCIE COUNTY, FLORIDA The Properties as defined in this Agreement are the two proposed industrial park subdivision sites described as follows: 1. King Leal industrial subdivision site, which is described as follows: A PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NW 14 OF THE SOUTHWEST 14 OF SECTION 36, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS THE SOUTH 200' OF THE WEST 250 FEET AS CONTAINED IN DEED IN OR BOOK 79, PAGE 179, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND LESS ALL ROAD AND CANAL RIGHTS OF WAY PARCEL CONTAINS 34.33 ACRES MORE OR LESS. 2. Regions Park industrial subdivision site, which is described as follows: LOTS 4,5,6,7, AND 8, LESS THE WEST 70 FEET OF LOT 8, MARTIN SUBDIVISION OF THE N 1/2 OF THE NW 1/4 OF SECTION 1, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 46, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA. LESS AND EXCEPT THAT PART OF LOTS 6,7 AND 8, CONVEYED IN DEED RECORDED IN O.R. BOOK 270, PAGE 1251, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND: THE EAST 800 FEET OF THE WEST 870 FEET OF THE NORTH 1013.06 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 1. Page 14 of 17 EXHIBIT B INCOM PROPERTIES, INC. DEVELOPMENT AGREEMENT FOR KING LEAL INDUSTRIAL PARK SUBDIVISION AND REGIONS PARK INDUSTRIAL PARK SUBDIVISION ST. LUCIE COUNTY, FLORIDA The following road right-of-way shall be dedicated to St. Lucie County: For the King Leal site: A strip of land approximately 990 feet long and 40 feet wide (approximately .91 acres) along the projects Kings Highway frontage. For the Regions Center site: A strip of land approximately 795 feet long and 64 feet wide (approximately 1.67 acres) along the projects Angle Road frontage. No right-of-way is required along the projects Kings Highway frontage because the right of way for widening Kings Highway will come from the west side in this segment. Page 15 of 17 EXHIBIT C INCOM PROPERTIES, INC. DEVELOPMENT AGREEMENT FOR KING LEAL INDUSTRIAL PARK SUBDIVISION AND REGIONS PARK INDUSTRIAL PARK SUBDIVISION ST. LUCIE COUNTY, FLORIDA 1) The Developer shall provide funds in the amount of $1,500,000 to the county to fund the design, permitting, and estimation of costs, right-of-way acquisition and construction of the ultimate intersection improvements at Kings Highway and Angle Road. The $1,500,000 includes, and is not in addition to, the $443,846.20 in impact fees and impact fee mitigation required in this Agreement at paragraph 5, Road Impact Mitigation Fees. The improvements to be designed and permitted will include reconstruction of the existing two-lane roadways approaching the intersection to four- lane divided urban sections. The limits of the design and permitting shall be to provide the ultimate four-lane section through the end of the associated turn lane tapers for the ultimate four-lane turning movement configuration for each leg of the intersection. The design and permitting shall include the required tapers from the four-lane design to match existing travel lanes. The project will include the design of detention ponds and the determination of additional right-of-way needs to complete the Project. The design and permitting limits for the Project shall be as follows: · North Leg: 1200 linear feet · South Leg: 1200 linear feet · West Leg: 1200 linear feet · East Leg: 1200 linear feet Funding for the design, permitting and estimation of costs described above shall be provided to the county prior to recording the first plat for either of the projects described above. 2) The developer shall provide, at his expense, a study intended to quantify the expected parcel by parcel future impacts in the corridor. This methodology may be used by the county to establish a funding mechanism for required King's Highway improvements. The draft methodology shall address the entire length of King's Highway /Turnpike Feeder Road and shall be consistent with the February 6, 2006 draft report, proposed by Incom Properties through their consultant, McMahon & Associates, and provided to the County for review of the assumptions and methodology. This study shall be provided to the Directors of Growth Management and Public Works prior to issuance ofthe first building permit for either ofthe projects described above. 3) The developer shall, at his expense, provide a computation of his proportionate share cost for the improvements required for King's Highway. The methodology results and amount shall be reviewed and approved by the Directors of Growth Management and Public Works. The computation shall be based on the cost estimates for the corridor currently being updated by the Florida Department of Transportation (FDOT), or such other cost estimate as may be approved by the Director Page 16 of 17 of Public Works. The computation shall address the entire length of King's Highway/Turnpike Feeder Road and shall be consistent with the FDOT draft proportionate share model adopted in Rule 9J-14, F.A.C. This computation shall be provided to the County prior to issuance of the first building permit for either of the projects described above. Page 11 of 17 07 /.'U/06.J FZABWARR FUND 001 001159 001166 001174 001177 001179 001257 001299 001403 001404 001814 101 101002 101003 101004 101006 101215 102 102001 104001 104002 105 107 107001 102 J03 107006 111 115 118 130 140 140001 140131 140316 140336 140343 150 160 183 183001 183004 183006 184205 184207 185006 185007 185008 ST. LUCIE COUNTY - BOARD WARRANT LIST #41- 08-JUL-2006 TO 14-JUL-2006 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 04 Section 112/MPO/FHWA/Planning 05 FHFC Disaster Relief Grant Section 112/MPO/FHWA/Planning 2006 CSBG FY 06 TDC Planning Grant F/Y 06 FDCA Emergency Mgmt Prep & Assistan Smithsonian Marine Ecosystem Exhibi 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 Traffic Signal System Grant Unincorporated Services Fund Drainage Maintenance MSTU Recreation Donations Fund Elizabeth M. Kiessel Bequest Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology River Park I Fund Sheraton Plaza Fund Paradise Park Fund SLC Public Transit MSTU Port & Airport Fund Port Fund Design Parallel Runway 9L/27R Purchase Fire Protection Equ. FDOT Rehabilitation of Taxiway E Rehab Runway Lighting 9R/27L Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FDEP Bureau of Beaches & Coastal Sy FHFA SHIP FY05/06 FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery EXPENSES 766,932.81 39.43 1,751. 64 2,083.33 187.88 38.44- 46.90 6,460.10 631. 76 92.06 103.39 4,648.96 468,986.19 51,743.94 9,555.47 316,534.70 150.00- 110,609.66 122,552.18 379.75 1,108.14 1,352.54 186,153.83 7,711.35 40,048.47 8,408.88 63,750.01 2,782.84 531.98 735.28 189,802.51 20,076.32 174.85 2,667.60 172,386.00 134,438.08 140.40 160.51 578.86 449.95 5.27 73.87 604.31 31,457.50 402,994.67 150.18 36.24 1,636.44 PAGE PAYROLL 651,668.57 533.42 3,660.74 0.00 1,371.29 6,344.68 635.02 0.00 0.00 1,249.18 1,351. 37 37,309.58 69,385.31 36,430.82 31,718.52 0.00 0.00 69,925.12 4,403.20 0.00 0.00 0.00 126,426.52 989.35 2,091.53 0.00 4,602.86 0.00 0.00 0.00 0.00 12,925.08 0.00 0.00 0.00 0.00 0.00 2,234.08 3,168.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 495.64 4,458.32 1 07/-H/06. FZABWARR FUND 310001 310003 315 316 316105 382 396 401 418 451 458 461 471 478 479 491 505 611 625 630 ST. LUCIE COUNTY - BOARD WARRANT LIST #41- 08-JUL-2006 TO 14-JUL-2006 FUND SUMMARY TITLE Impact Fees-Library Impact Fees-Public Buildings County Building Fund County Capital USDA Hidden River Estates Environmental Land Capital Fund Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund GRAND TOTAL: EXPENSES 2,557.72 1,327.50 1,071. 25 49,072.32 102,189.60 610.00 1,560.00 416,563.90 24,431.21 30,572.12 37.66 53,305.58 79,594.23 60.90 2,310.65 14,640.57 2,915.32 4,210.47 8.61 10,964.39 3,931,572.59 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 59,497.27 23,293.33 1,394.51 515.63 21,151. 71 7,194.54 832.96 1,013.59 74,491.02 5,580.35 3,922.44 0.00 0.00 1,272,266.35 2 ; AGENDA REQUEST ITEM NO. (!.,~4 DATE: July 18,2006 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Release of Bonds for Savanna Club Phases 4, 5, 6 and 7 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the release of the bonds for Savanna Club Phases 4, 5, 6 and 7 COMMISSION ACTION: Do as Anderson County Administrator [XI APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: [J2 Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eff, 5/96 '~."-" , f INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-1081 DATE: July 5, 2006 SUBJECT: Release of Bonds for Savanna Club Phases IV. V. VI and VII *****-***-**~~~AAAA~A~~A~~AAAAAAAAAAA~AAAAAAAAAAAAAAAAAAA~~~AAAAAAAAAA********-*-*-*- BACKGROUND: American Land Lease is seeking to have the bonds released for Savanna Club Phases IV, V, VI and VII. The County Engineer has confirmed the completion of these specific phases of Savanna Club construction. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the release of the bonds for Savanna Club Phases VI, V. VI and VII. DSM/caf ... AGENDA REQUEST ITEM NO. C2B DATE: July 18, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: RESOLUTION NO. 06-241 - AUTHORIZING THE CHAIRMAN TO SIGN A REQUEST FOR TEMPORARY CLOSING OF STATE ROAD 70TO FACILITATE THE 29TH ANNUAL BIKERS ROUNDUP BACKGROUND: See attached memorandum FUNDS AVAILABLE: NjA RECOMMENDATION CONCLUSION: Staff recommends that the Board of County Commissioners authorize the Chairman of the Board of County Commissioners to sign the FDOT form requesting the temporary closure of State Road 70 as outlined above. COMMISSION ACTION: [~APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Douglas, . Anderson County Administrator IX] C"o<y Atto,"ev' ;J1 Review and Approvals [ ]Management & Budget: [ ] Purchasing: [X ] County Engineer [X] Pubiic Works Director.: [X ] MSBU Coordinator [ ]Finance:(check for copy only, if applicable) Effective 5/96 '1 INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 06-1105 DATE: July 10, 2006 SUBJECT: RESOLUTION NO. 06-241 - AUTHORIZING THE CHAIRMAN TO SIGN A REQUEST FOR TEMPORARY CLOSING OF STATE ROAD 70 TO FACILITATE THE 29TH ANNUAL BIKERS ROUNDUP BACKGROUND: The 29th Annual Bikers Roundup will be held at the St. Lucie County Fairgrounds from August 1, 2006 through August 7, 2006. The St. Lucie County Sheriff has requested that State Road 70 (Right turn lane only) be closed temporarily for approximately six (6) days beginning on August 1, 2006 at approximately 12: 00 am in order to prohibit traffic from traveling east onto County Road 712. The State of Florida Department of Transportation (FOOT) form for requesting temporary closing of a state road requires the signature of a county official. This Board believes that is in the best interest of the health, safety and welfare of the citizens of St. Lucie County to authorize the Chairman of the Board of County Commissioners to sign the FOOT form requesting the temporary closure of State Road 70 as outlined above. RECOM M ENDA TION I CONCLUSION: Staff recommends that the Board of County Commissioners authorize the Chairman of the Board of County Commissioners to sign the FOOT form requesting the temporary closure of State Road 70 as outlined above. ResdulI ït .. Daniel S. McIntyre County Attorney H: \AgendaMemo-DSM-BikersRoundup, wpd \ . RESOLUTION NO. 06-241 A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO SIGN A REQUEST FOR TEMPORARY CLOSING OF STATE ROAD 70 TO FACILITATE THE 29TH ANNUAL BIKERS ROUNDUP WHEREAS, the Board of County Commissioners for St. Lucie County, Florida, has made the following determinations: 1. The 29th Annual Bikers Roundup will be held at the St. Lucie County Fairgrounds from August 1, 2006 through August 7, 2006; and 2. The St. Lucie County Sheriff has requested that State Road 70 (Right turn lane only) be closed temporarily for approximately six (6) days beginning on August 1, 2006 at approximately 12: 00 am in order to prohibit traffic from traveling east onto County Road 712; and 3. The State of Florida Department of Transportation (FOOT) form for requesting temporary closing of a state road requires the signature of a county official; and 4. This Board believes that is in the best interest of the health, safety and welfare of the citizens of St. Lucie County to authorize the Chairman of the Board of County Commissioners to sign the FOOT form requesting the temporary closure of State Road 70 as outlined above. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby authorize the Chairman of the Board of the County Commissioners to sign an FOOT form requesting the temporary closure of State Road 70 as outlined above. 2. This resolution is effective as of June 1, 2006. After motion and second the vote on this resolution was as follows: Cha.irman Doug Coward XXX Vice Chairman Chris Craft XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Joseph Smith XXX PASSED AND DULY ADOPTED this 18 day of July, 2006. ATIEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTN ESS: COUNTY ATIORNEY '.... - . "" AGENDA REOUEST ITEM NO. C-2.C Date: July 18,2006 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Treasure Coast Research, Education and Development Park - Partial Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc. BACKGROUND: See c.A. No. 06-1104 FUNDS A V AIL. (State type & No. of transaction or N/A): NIA RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Partial Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc., and authorize the Chairman to sign the Partial Termination. COMMISSION ACTION: CONCURRENCE: Approved 5-0 ?¿ DougGš11. Anderson County Administrator l]Ç APPROVED [] DENIED [ ] OTHER: County Attorney: ~/ ,1/ Coord ination/Si!watu res Mgt. & Budget: Purchasing: Originating Dept.: Other: 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: 06-1104 DATE: July 11, 2006 SUBJECT: Treasure Coast Research, Education and Development Park - Partial Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc. BACKGROUND: The County is the owner of certain property identified as the "Poor Farm" located within the boundaries of the Treasure Coast Research, Education and Development Park. The Poor Farm contains approximately 75.85 acres. On June 28, 1949, the County entered into a lease agreement with the State Board of Education of Florida whereby the property was leased to the State Board of Education for automatically renewing periods of ten (10) years each. On December 17, 1996, the State Board of Education assigned the lease agreement to Treasure Coast Agricultural Research Foundation, Inc., a Florida not for profit corporation. The County consented to the assignment. In conjunction with the development of the Treasure Coast Research, Education and Development Park, the parties desire to terminate the lease agreement as it pertains to approximately 63.12 acres while remaining in effect for approximately 12.73 acres used by the University of Florida and the Institute of Food and Agricultural Services for a weather station. A copy of the proposed Partial Termination of Lease Agreement drafted for this purpose is attached to this memorandum. A map showing the location of the Poor Farm and the weather station site is also attached. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Partial Termination of Lease Agreement with Treasure Coast Agricultural Research Foundation, Inc., and authorize the Chairman to sign the Partial Termination. Respectfully submitted, '~ Heather Young Assistant County Attorney Attachments HYI Copies to: County Administrator Property Acquisitions Manager Deputy Clerk Press/Public Prepared by and return to: Robert I. MacLaren, II Attorney at Law Osborne & Osborne, PA 798 South Federal Highway Suite 100 Boca Raton, Florida 33432 PARTIAL TERMINATION OF LEASE AGREEMENT THIS PARTIAL TERMINATION OF LEASE AGREEMENT made and entered into as of the _ day of , 2006 ("Effective Date"), by and between S1. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("County") and the TREASURE COAST AGRICULTURAL RESEARCH FOUNDATION, INC., a Florida corporation not for profit ("Foundation"). WIT N E SSE T H: WHEREAS, County is the record title holder/owner of the following described real property: The East half of the Southeast quarter, and the South half of the Southeast quarter of the Northeast quarter of Section Fourteen (14), Township Thirty- five (35) S. and Range Thirty-nine (39) East containing one hundred acres, more or less: LESS AND EXCEPT THEREFROM: prior conveyances for road right-of-way and drainage purposes ("Historic Poor Farm Parcel") pursuant to that Warranty Deed recorded June 8, 1914 in Deed Book 20 at Page 186 of the Public Records of St. Lucie County, Florida; and WHEREAS, the County and the State Board of Education of Florida entered into the following described instrument: LEASE AGREEMENT between St. Lucie County, a political subdivision of the State of Florida, as "Lessor" and the State Board of Education of Florida, as "Lessee", dated June 28,1949, recorded July 6,1949 in Deed Book 150 at Page 199 of the Public Records of St. Lucie County, Florida ("Lease Agreement") whereby the Historic Poor Farm Parcel was leased by the County to the State Board of Education of Florida for automatically renewing periods often (10) years upon compliance by the Lessee with the terms and provisions of the Lease Agreement; and WHEREAS, any and all rights of the State Board of Education of Florida pursuant to the Lease Agreement were assigned, transferred, and set over to the Foundation pursuant to the following described instrument: ASSIGNMENT AND ASSUMPTION OF LEASE by and between the State Board of Education of Florida, as "Assignor" and Treasure Coast Agricultural Research Foundation, Inc., a Florida corporation notforprofit, as "Assignee", dated December 17, 1996, recorded January 9, 1997 in Official Records Book 1055 at Page 87 of the Public Records of St. Lucie County, Florida ("Assignment and Assumption of Lease") which Assignment and Assumption of Lease was joined in by the County to evidence the County's consent to the assignment of the Lease Agreement pursuant to the Assignment and Assumption of Lease; and WHEREAS, the Lease Agreement is in full force and effect and has been properly renewed prior to the expiration of each ten (10) year term since the lease commencement date; and WHEREAS, the County and the Foundation desire that the Lease Agreement remain in full force and effect in regard to the following described real property: UNIVERSITY OF FLORIDA - IFAS WEATHER STATION SITE A parcel of land lying in Section 14, T-35-S, R-39-E, St. Lucie County, Florida, said parcel being more particularly described as follows: -2- The South 1030' feet of the West 590' feet of the East 1/2 of the Southeast 1/4 of Section 14, T-35-S, R-39-E, St. Lucie County, Florida. Less and except the South 90' feet for canal and road right of way. Said parcel containing 12.73 acres more or less. Bearing Base: the South line of Section 14, T-35-S,H-39-E is taken to bear N 89°46'19" E and all other bearings are relative thereto. ("University of Florida - IFAS Weather Station Site") and to terminate the Lease Agreement in regard to all remaining portions of the Historic Poor Farm Parcel. NOW THEREFORE, in consideration of the sum ofTen ($10.00) Dollars and other good and valuable consideration and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1 . The above recitals are true and correct and are hereby incorporated herein by reference as if fully set out herein. 2. The Lease Agreement shall remain in full force and effect in regard to the University of Florida - IFAS Weather Station Site. 3. Except as specifically set forth in Paragraph 2, the Lease Agreement shall be terminated and be null and void and of no further force or effect whatsoever as of 5:00 p.m. on the Effective Date. 4. This Agreement shall be governed by the laws of the State of Florida. 5. This Agreement constitutes the entire agreement between the parties hereto with respect to the transactions contemplated hereby and supersedes all prior discussions, understandings, agreements and negotiations between the parties hereto. 6. This Agreement may be modified only by a written instrument duly executed -3- by the County and the Foundation. 7. The County and the Foundation mutually covenant and agree to sign, execute and deliver or cause to be signed, executed and delivered and to do or make, or to cause to be done or made, upon the written request of the other party, any and all agreements, instruments, papers, deeds, acts or things, supplemental, confirming, corrective or otherwise, as may be reasonably required or requested by the other party for the purpose of or in connection with the transaction contemplated hereby provided that no such request shall be contrary to the terms of this Agreement. Notwithstanding the foregoing, neither the County nor the Foundation shall be required to incur any unreasonable costs or expenses, nor any additional liability with regard to any matters requested by the other party. 8. The parties acknowledge that each party and its counsel have participated in the negotiation and preparation of this Agreement. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing the Agreement to be drafted. 9. To facilitate execution, this Agreement may be executed in as many counterparts as may be required. It shall not be necessary that the signatures on behalf of all parties appear on each counterpart hereof. All counterparts hereof shall collectively constitute a single agreement. The parties further covenant and agree that this Agreement and any amendments thereto may be executed and delivered by facsimile or telecopier. 10. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party or -4- ~ parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses even if not taxable court costs (including without limitation, all such fees, costs, and expenses incident to arbitration, appellate, bankruptcy, and post-judgment proceedings), incurred in that action or proceeding or any appeal, in addition to any other relief to which the party or parties may be entitled. Attorney's fees include legal assistant fees, expert witness fees, investigative fees, administrative costs, and all other charges billed by the attorney to the prevailing party. 11 . Time is of the essence with respect to every provision of this Agreement. 12. Nothing in this Agreement, whether expressed or implied, is intended to (i) confer any rights or remedies on any person other than the County, the Foundation, and their respective successors and assigns, (ii) relieve or discharge the obligation or liability of any third party, or (iii) give any third party any right of subrogation or action against either the County or the Foundation. 13. Whenever the context so requires, words used in the singular shall be construed to'mean or include the plural and vice versa, and pronouns of any gender shall be construed to mean or include any other gender or genders. 14. "Herein", "hereunder", "hereof', "herein before", "hereinafter" and other equivalent words refer to this Agreement and not solely to the particular portion thereof in which any such word is used; "any" means "any and all"; "include" and "including" each are without limitation; "may not" and other negative forms of the verb "may" each are prohibitory; "will", "must", "shall" and "should" each are mandatory; and "approve" or "consent" or "agree" or derivations of said words or words of similar import, unless -5- otherwise provided herein, mean the prior approval, consent or agreement, in writing of the party holding the right to approve, consent or agree with respect to the matter in question. -6- IN TESTIMONY WHEREOF, the lawfully designated agents of the ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida and the TREASURE COAST AGRICULTURAL RESEARCH FOUNDATION, INC., a Florida corporation notfor profit, have hereunto subscribed their names on the day and year first above written. ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida By: , Chairperson of the Board of County Commissioners of St. Lucie County, Florida ATTEST: Clerk of the Circuit Court of St. Lucie County, Florida Approved is to Form and legality by: County Attorney STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) I HEREBY CERTIFY that on this day before me, the undersigned authority, personally appeared , Chairperson of the Board of County Commissioners of St. Lucie County, Florida, to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that he executed the same on behalf of said Board for the uses and purposes described therein. WITNESS my hand and official seal in the County and State aforesaid this day of , 2006. NOTARY PUBLIC My Commission Expires: -7- TREASURE COAST AGRICULTURAL RESEARCH FOUNDATION, INC., a Florida corporation not for profit ~. Hmo ~ sð BY~ Sherwood Johnso Its President -' STATE OF FLORIDA ) COUNTY OF ST. lUCIE ) I HEREBY CERTIFY that on this day before me, the undersigned authority, personally appeared Sherwood Johnson, President, of TREASURE COAST AGRICULTURAL RESEARCH FOUNDATION, INC., a Florida corporation not for profit, to me known to be the person described in and who executed the foregoing instrument, and acknowledged before me that he executed the same on behalf of said corporation for the uses and purposes described therein. ~ESS my hand and official seal in the Count day ~ ,2006. id this;;¡;'tJ My Commission Expires: . .'._'~.... "'~'0ff~~ '. VELMA L SPENCER ;- i~).J MY COMMIS?ION It DD 396004 "::";\o:"'~ EXPIRES. June 14, 2009 ;,'f,,~l;~··" Bonded ThnJ Notary 'Public Underwriters H:\LlBRARYl04\23829\DoclPartiaIT ermination, wpd, -8- r N '......' AGENDA REQUEST ITEM NO. Cd.]) DATE: July 18, 2006 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Request from Grande Beach North Hutchinson Island LLC to repeal Ordinance No. 06-023 and Resolution No. 06-055 - Permission to Adverti se BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board grant permission to advertise Ordinance No. 06-040 and Resolution No. 06-219. COMMISSION ACTION: Approved 5-0 [1q APPROVED [ ] DENIED [ ] OTHER: Doug sAnderson County Administrator County Attorney: ~. Review and Approvals Originating Dept. Management & Budget Purchasing: Growth Mgmt. Dir:~ Plan. Mgr-Flores:Jj 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.: 06-1113 DATE: July 13, 2006 SUBJECT: Request from Grande Beach North Hutchinson Island LLC to repeal Ordinance No.. 06-023 and Resolution No. 06-0!5!5-Permission to Advertise ************************************************************************************* BACKGROUND: On May 2, 2006, the Board adopted Ordinance No. 06-023 approving a small scale land use amendment to the St. Lucie County Comprehensive Plan changing the future land use of a 9.44 acre parcel owned by Grande Beach North Hutchinson Island, LLC ("Grande Beach) from Commercial to Mixed Use. On the same date, the Board adopted Resolution No. 06-055 approving the project known as Grande Beach-PMUD. On July 7, 2006, the attorneys representing Grande Beach wrote a letter to Terry Lewis, Esquire (copy attached) requesting that the County repeal Ordinance No. 06-023 and Resolution No. 06-055*. In this regard, County staff has drafted Ordinance No. 06-040 and Resolution No. 06-219 which, if adopted, would repeal Ordinance No. 06-023 and Resolution No. 06-055, respectively. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 06-040 and Resolution No. 06-219. Respectfully submitted, Daniel S. McIntyre County Attorney DSM/caf Attachments '* The resolution was incorrectly referred to as an ordinance in the July 7,2006 letter. ORDINANCE NO. 06-040 AN ORDINANCE REPEALING ORDINANCE NO. 06-023 WHICH ORDINANCE APPROVED A SMALL SCALE LAND USE AMENDMENT TO THE ST. LUCIE COUNTY COMPREHENSIVE PLAN CHANGING THE FUTURE LAND USE OF A 9.44 ACRE PARCEL OWNED BY GRANDE BEACH NORTH HUTCHINSON ISLAND, LLC: PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. On May 2, 2006, the Board adopted Ordinance No. 06-023 approving a small scale land use amendment to the St. Lucie County Comprehensive Plan changing the future land use of a 9.44 acre parcel owned by Grande Beach North Hutchinson Island, LLC from Commercial (COM) to Mixed Use (MXD); and 2. Ordinance No. 06-023 has been rendered to the State of Florida Department of Community Affairs as required by law; and 3. On May 31,2006, E. Robert Emery and Ellen J. Emery filed a petition for formal administrative hearing which hearing is currently scheduled for hearing beginning on August 28,2006; and 4. On July 7,2006, Grande Beach North Hutchinson Island, LLC sent a letter to the County requesting the County to repeal Ordinance No. 06-023. 5. In view of the request referenced above, the Board believes that the repeal of Ordinance No. 06-023 is in the best interests of the citizens of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, as follows: PART A. Ordinance No. 06-023 is repealed in its entirety. The property covered by Ordinance No. 06-023 is returned to the preexisting land use designation of Commercial (COM). .. PART B. 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 C. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART D. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward Vice 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: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney , RESOLUTION NO. 06- 219 A RESOLUTION REPEALING RESOLUTION NO. 06-055 WHICH GRANTED APPROVAL OF A PRELIMINARY PLANNED MIXED USE DEVELOPMENT PLAN FOR A PROJECT KNOWN AS GRANDE BEACH PMUD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On May 2, 2006, the Board held a public hearing on the petition of Grande Beach North Hutchinson Island LLC for preliminary Planned Unit Development approval for the project known as Grande Beach-PMUD after publishing a notice of such hearing in the Tribune and notifying by mail the property owners within 500 feet of the subject property; and 2. At the May 2, 2006 public hearing, the Board adopted Resolution No. 06-055 which approved the project known as Grande Beach-PMUD. 3. On July 7, 2006, the Board received a letter from Grande Beach North Hutchinson Island LLC requesting the Board to repeal Resolution No. 06-055. 4. The Board believes that repealing Resolution No. 06-055 is in the best interest of the citizens of St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Resolution No. 06-055 is repealed in its entirety. The land covered by Resolution 06-055 is returned to the preexisting zoning classification of Commercial General (CG). 2. This resolution shall take effect upon adoption. After motion and second the vote on this resolution was as follows: Chairman Doug Coward Vice Chairman Chris Craft Commissioner Paula A. Lewis Commissioner Joseph E. Smith 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: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 07-06 03:18pm FrDm-RUDEN McCLOSKY 14 FL NT 9547644996 T-443 P.02/03 F-458 2QQ EA5T ~ROWARD ~ARD S\JTi 1500 F~T l-.Q.up¡::AP~. FI.ORIDA 33301 I Ruden .1 McClosky fIOST OFFICE!tPX 1QOO F~T ~p~~e. FL.OfII)A ~ (954) 5Z7~429 FAX: (a54)~2Ð WII-\.IAM.~IWIJE'N COM July 7. 2006 ViII Facsimile (561) 640-8201 &: U.S. MIljI Ten)' E. Lewis, Esq. Lewis7 Longm!tl & Walker. P.A. 1700 Palm Beach Lakes Blvd., Ste. ! 000 West Palm Beach, Florida 33401 Re: Grande Beach North HUlchinson Island, LLC ( Grande Beach ") - Tract "£-1", Blocks 8 and 9 and alleys abuttÜ,g there1o. TraCl "F-J" and Tract "'A ,. and the porlion of Coral Avenue (n/kIf4 Flotilla len-ace) lying North of Marina Drivt? according to the plat of C<JI.'¡ Cove ßeach. Seclion One, as recorded in Plat Book J 1 at pages 30A Qnd 301; oflhe Public Records of SI. Lucie Couni)'. Florida. (lhe "Grande Beach pwæl") Dear Mr. Lewis: In follow up to my e-mail correspondence yesterðay aí¡ernoon wiÙl Andrew Baumann of your office, please accept this letter as Grmde Beach':; fon,la1 request that St. Lucie CountY repeal Ordinance 06-023, pursuant to which me County adopted a smaU·sca1e land use amendmem applicable to the Grande Beach Parcel. Insteacl, Grande Beach requests tbat the County process the future land use changes previously nppro .¡ed pursuant to Ordinance 06-023 as a large-scale land use amendment, and that this large-sc:.le amendment be Ù1cluded in the County's next la:rge-sca1~ amendment cycle, which we ~der:.t¡md is scheduled to be advertised on July 11,2006. In light of the foregoing, this leuer shall also serve as I Ì'rande Beach's formal request that the County repeal Ordinance 06-å55, which granted PMUI) approval to the Grande Beach Parcel. Of course, it is understood that Grande aeach's reque:.t for repeal of Ordinance 06-055 is without prejudice to Grande Beach's right to resubmit for PMì Jp approval at a later date. Based on repeated assurances from your office, it is I ìrande Beach's understandmg that neither the repeal of Ordinance 06-023 nor OrdinanGe 0t.-055 will in any way effect the abandonment of "Flotilla Trnace" or me two "30-foot all[idì]" vacated pursuant to St. Lucie County Resolution 06-126. This was a material induc:emê¡lt to Grande Beach's decision to F'T\-:182Q746:1 CAfC..\CAS' n.I.IWPtKI)Ai! . ""110"'" . NIIoI'~1iS . OIUANDO' P'OaT ~T. ~\.IClf . 54IIIo5OTA.· ~l.l'Eldt:;IUIIC . TA.~LA~f · 1",",,'110 . w¡:¡1 r.w.l'tA.Cr\ RuD~N, MçCLOSt<Y. SMITH, SCHUSTER & RUSSE\.-L, PA -. 07-06 0~:18pm From-RUDEN McCLOSKY 14 FL NT 9547644996 T-443 P.03/03 F-458 Terry E. Lewis, Esq. July 7, 2006 Page 2 request the repeal of ÜIdinances 06~023 and 06-055 (Ù1t "Ordinances") and, instead, to participate in me County's large·sca1e amendUlept proces:.. We appreciate the County's assurances on this point. as it made Grande Beacb's decision p.uch easier. With respect to the pending DOM proceeding initiat.:d by the Emerys - Case No. 06- 1952GM (the" Administraùve Proceeding"), it is our undemm¡ding that Ù1e County will be tiling a Motion to Stay, pending repeal of the Ordinances at the J'J~x:t County Commission meeting. Fonowing repeal of the Ordinances, the County will tile a MOlion to Dismiss the Administrative Proceeding as moot. Based on my conversations with L11e Emerys' counsel, it is my understanding that the Emery¡ win cooperate in obtai1úng tb~ stay and, ultimately, dismissal of the AdmiIÙstrative Proceeding. ! assume that the same would apply to any pending circuit court actions filed by the Emerys, altbough I did not specifically diSl uss this issue with their coun~l. At your fmt cònvenieuce, please advise as to any additIonal information, subminals, fees, etc. required by the County in connection with the large-scale amendment process~ together with the applicable deadlines and any other infonnation relt:vant to the submittal thereof. Grande Beach looks forward to working closely with the Count 'i to assure that the large·scale amendment process goes as smoothly as possible. ------- WGMlkjh cc: Grande Beach North Hutchinson Island, LLC Robert N. Klein, Esq. Daniel McIntyre, Esq. FTI-:1829746:1 RUDEN, McCLOSKY, SMITH, SCHUSTER 11 RuSSEll, PA CA II\W . n. IJWPtKO...~~ . "' JIM' . I\IA"~*~ . aJ¡Al\lpO . roIIT ~I ~IJ(:II' . ~"sal^ '. ST. I'fl, ~\lJC . ~^L¡AfIA5~~ . 1AN1"A . w~T rALM IlfAC" ¡,. AGENDA REQUEST ITEM NO C3A DATE: 07-18-06 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Carl Holeva Human Resources Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): HUMAN RESOURCES DEPARTMENT SUBJECT: Reclass BACKGROUND: Employees have assumed additional duties which necessitates changing there classification FUNDS AVAIL.: 001-7210-512000-700 PREVIOUS ACTION: RECOMMENDATION: Staff recommends reclass of 2 employees from MTIII to MTV Staff recommends reclass of 2 employees from MTIV to MTV Retroactive to June 28,2006 COMMISSION ACTION: CONCURRENCE: []f APPROVED [ ] DENIED [ ] OTHER ~demon County Administrator Review and Approvals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable)___ Approved 5-0 Purchasing : Other: Eff. 5/96 AGENDA TO: BOARD OF COUNTY COMMISSIONERS FROM: Carl Holeva, Human Resources Director DATE: July 10,2006 SUBJECT: Reclass BACKGROUND: A grievance was filed requesting a review of 4 employees of the Parks Division where duties have increased to justify a higher classification. RECOMMENDATION: Staff recommends reclass of 2 employees from MTIII to MTV Staff recommends reclass of 2 employees from MTIV to MTV Retroactive to June 28,2006 Respectfully submitted, r5~ Carl Holeva Human Resources Director MIKE SCOTT President JOSH ZIVALICH Sec. - Treas. June 28, 2006 Pê.t C1.~tc. La1Jor :R.el2.tion~ M2ragç!, Saint Lucie County 2300 Virgina Avenue Fort Pierce, Florida 34982 RE: Grievances # 441, 496, 498, 499 & 500. Dear Pat, '"' t' ,r:('=! .co,' 11 '<v,/ r §i. \1"\ 1 ~.\ -~ªª' ~"'';-':'.?' ,~..;;;".. ".- "',.~,- ' ~,' :J¡r=----IJ III .' ¡. '. ,.. (1¡ '\n(l~ D ....I :¡ i ,: ',' ? r~ 'f ·I~\"".a.:. L- '~U~A~'AEßOUACES ."r. L.UCIa! COUNTY; FLORIDA 3400 43rd AVENUE, SUITE 3 VERO BEACH, FLORIDA 32960-1808 Phone: (772) 978-0011 1-(800) 323-3338 Outside Indian River County Facsimile: (772) 978-0013 www.Teamsters-LocaI769.com I received Jack Southards grievance response for the above referenced grievances. The Union will consider the grievances as settled based upon his resolution to reclassify the cmployees to a Maintenance Tech V classification. If you have any questions, please feel free to give me a call. Sincerely, TERS LOCAL UNION NO. 769 \_~~ teve Myers Business Representative ~3 Inter-Office Memorandum Department of Public Safety Division of 911 Communications FROM: Jack T Southard, Director .~~.~~~ ful< ,'0;'1' ,,' ..'/ ,'." ,.\ \i~\.r~~"">· ", '-. 1:.;\ '.. ' " \- "'\ . , ì .:.. ,:' ," I \ . .".¿ . J \ L HuMAN òO,E30URCE$ \ ai. l..UCIE ...:;OUNîV, FLQAIOA TO: Doug Anderson, County Administrator DATE: Grievance # 441,496,498, 499, 500 Immediate Job Reclassification Due to Scope of Duti¡xaeing Assigned \vI\¡\, \, v June 19, 2006 Or f tJ\N' SUBJECT: ***************************************************************** On June 12, 2006 at 4:00 pm, a grievance hearing was held in the St. Lucie County Conference Room # 3 regarding the immediate job reclassification of Maintenance Tech III to Maintenance Tech V for the Parks and Recreation Department. Present at the hearing for St. Lucie County were Heather Young, Pat Clute, Debra Brisson, and Jack Privateer. Present for the Union were Steve Myers, Larry Belzer, and Lenard Hart The grievance involved the Maintenance Tech III employees for the Parks & Recreation Department who are currently under job code 818 and pay grade 9. The employees feel with the job duties they are performing, they should be equal to a Carpenter to Construction Renovation Specialist, job code 840-832, or a Special Facilities Technician - St. Lucie County Fairgrounds, job code 663, each with a pay grade of 15. Mr. Larry Belzer stated a lot of the work they have been performing for over a year was more construction work than maintenance work. Mr. Belzer presented pictures of the construction work that they had done. Ms. Debra Brisson did not agree all the work they had performed was construction work; however, it tied in with the maintenance work. Mr. Jack Privateer stated since the hurricanes of 2004 and 2005, they were doing repairs and some construction work. However, that would now change and things were starting to get back to normal. Debra did agree the Maintenance Tech III employees for Mr. Privateer's crew should be reclassified to Maintenance Tech V with a pay grade of 12. This would include the maintenance and construction of county buildings. She also felt to change them to a Construction Renovation Specialist was beyond their scope of duties and a Maintenance Tech V was a fair assessment of their job duties. After listening to both sides of this grievance and reviewing the job classifications of the above mentioned I feel the job reclassification suggested by Debra Brisson Interim Parks & Recreations Director to a Maintenance Technician V is reasonable for what they will be and are currently performing. JST/csl Cc: Heather Young Pat Clute Carl Holeva AGENDA REQUEST ITEM NO. C-4,fr DATE: July 18, 2006 REGULAR [ ] PUBLIC HEARING [] CONSENT [XX] SUBMITTED BY (DEPT): PUBLIC WORKS PRESENTED BY: (~:~!~ Public Works Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Solid Waste Initial Assessment Resolution No. 06-206 Request Permission to Advertise Public Hearing BACKGROUND: See attached memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: August 16, 2005 - Board adopted Resolution No. 05-317 for the 2005 Final Assessment Resolution. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 06-206, a Solid Waste Initial Assessment Resolution and grant permission to advertise a public hearing on August 15, 2006 at 6:00p.m. or soon thereafter as the matter may be heard. Approved 5-0 CONCURRENCE: Læ - I. Douglas M. Anderson County Administrator COMMISSION ACTION: [)&] APPROVED [] DENIED [ ] OTHER: Coordinationl Sianatures M- [x]County Attorney y..fY1~~ [x]Co Eng ~ [ ]Mgt. & Budget [ ]Purchasing [x ]MSBU Coor ~~ [x]Solid Waste Dir ~ [ ]Finance COMMISSION REVIEW: July 18, 2006 MSBU MEMORANDUM NO. 06-022 TO: FROM: DATE: Board of County Commissioners Donald B. West, Public Works Director June 27, 2006 SUBJECT: Solid Waste Initial Assessment Resolution No. 06-206 Request Permission to Advertise Public Hearing BACKGROUND Pursuant to Chapter 1-9, Code of Ordinances and Compiles Laws of St. Lucie County, the Board has the authority to impose annual solid waste service assessments for solid waste collection, disposal and administrative services, facilities or programs against certain assessed property within St. Lucie County. On August 3, 2004, the Board adopted Resolution No. 04-201 (the "Initial Assessment Resolution") authorizing the imposition of recurring annual solid waste service assessments within the County Solid Waste Urban Service Area. Said resolution contained a brief and general description of the Solid Waste collection, disposal and administrative services, facilities or programs to be provided to assessed property, described the method of apportioning the Solid Waste Costs to compute the Solid Waste Service Assessment against residential property, designating a rate of assessment of $170.88 for each dwelling unit, and directing the preparation of the Assessment Roll for the fiscal year commencing October 1, 2004. On September 14, 2004, after receiving and considering all comments on a solid waste service assessment, the Board adopted Resolution No. 04-255, (the "Final Assessment Resolution") confirming the imposition of a recurring annual Solid Waste Service Assessment for residential waste and recyclable materials management, collection and disposal, and collected using the uniform method of collection for non-ad valorem special assessments. The attached Resolution No. 06-206 authorizes the Board to impose Solid Waste Service Assessments for the fiscal year commencing October 1, 2006 and directs the County Administrator to prepare an Initial Assessment Roll for said fiscal year to be collected using the uniform method of collecting assessments on the 2006 property tax bill. The designated rate of assessment is reconfirmed at $170.88 per dwelling unit. Two (2) Initial Assessment Rolls will be prepared as follows: 1) Initial Assessment Roll "A" will contain residential property as 1) defined by the property appraiser's database, including properties with a Certificate of Occupancy issued between June 1, 2005 and May 31, 2006 and 2) all known errors and omissions that have been filed to date with the St. Lucie County Tax Collector. 2) Initial Assessment Roll "B" will contain residential properties that were 1) erroneously omitted from the prior year's Solid Waste Service Assessment, and 2) did not pay their fee upon issuance of a certificate of occupancy. RECOMMENDA TION Staff recommends that the Board adopt Solid Waste Initial Assessment Resolution No. 06- 206 as drafted and grant permission to advertise a public hearing on August 15, 2006 at 6:00p.m. or soon thereafter as the matter may be heard. Attachments (1) resolution cc: Staff Concurring Tax Collector Property Appraiser ST. LUCIE COUNTY, FLORIDA INITIAL ASSESSMENT RESOLUTION SOLID WASTE ADOPTED July 18, 2006 SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. SECTION 9. SECTION 10. APPENDIX A. APPENDIX B. APPENDIX C. TABLE OF CONTENTS Page AUTHORITY. .....................................................................................................1 PU RPOSE AN D DEFI N ITI ONS......................................................................l LEGISLATIVE DETERMI NATIONS. ............................................... .............1 0 SOLID WASTE COLLECTION AND DISPOSAL SERVICES. ................14 DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF INITIAL SOLID WASTE SERVICE ASSESSMENTS. .......,......................15 ASSESSMENT ROLL. .......... .................... .................... .................... .............16 AUTHORIZATION OF PUBLIC HEARING. ................................................17 NOTICE BY PU BLI CA TI ON. .... .......................... .................................. ..... ....17 NOTICE BY MAl L. ................................................................ ...............;..... .....17 EFFECTIVE DATE......................................................................................... .18 DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA... ...... ...A-1 FORM OF NOTICE TO BE PUBLISHED. ....................................B-1 FORM OF NOTICE TO BE MAILED. .......................................... C-1 RESOLUTION NO. 06-206 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF RESIDENTIAL WASTE AND RECYCLABLE MATERIALS IN THE COUNTY SOLID WASTE URBAN SERVICE AREA OF ST. LUCIE COUNTY, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY; DETERMINING THE SOLID WASTE COST AND THE INITIAL SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code, sections 125.01, 125.66, 197.3632, and 197.3635, Florida Statutes, and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Initial Assessment Resolution. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. As used in this Initial Assessment Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: 1 "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the Residential Waste and Recyclable Materials collection and disposal services, facilities or programs identified in the Initial Assessment Resolution. "Assessment Roll" means the special assessment roll relating to a Solid Waste Service Assessment approved by a Final Assessment Resolution. "Biomedical Waste" means any solid waste or liquid residue which may present a threat of infection to humans. The term "Biomedical Waste" includes, but is not limited to, non liquid human tissue and body parts; laboratory and veterinary waste which contain human-disease-causing agents; discarded disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health represent a significant risk of infection to persons outside the generating facility. The term "Biomedical Waste" does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. "Biological Waste" means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, Biomedical Waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term "Biological Waste" does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. "Board" means the Board of County Commissioners of St. Lucie County, Florida. 2 "Building" means any structure, whether temporary or permanent, built for the support, shelter or enclosure of Persons, chattel or property of any kind. "Bulk Items" means items that require special handling and management because of their volume, e.g., tires, Construction and Demolition Debris, White Goods, large household goods and furniture. "Bulk Items" must have been previously used by the customer at the Dwelling Unit for which Collection Service is provided. The term "Bulk Items" excludes Exempt Waste. "Collection Service" means Residential Waste Collection Service and Recyclable Material Collection Service. "Commercial Property" means all Improved Property other than Residential Property. "Construction and Demolition Debris" means discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; except as provided in Section 403.707(12)0), Florida Statutes, and FAC 62-701.200(27), unpainted, non-treated wood scraps from facilities manufacturing 3 materials used for construction of structures or their components and unpainted, non- treated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and de minimis amounts of other non hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of Construction and Demolition Debris with other types of solid waste will cause it to be classified as other than Construction and Demolition Debris. "County" means St. Lucie County, a political subdivision of the State of Florida. "County Administrator" means the chief executive officer of the County, or the designee or designees of the County Administrator. "County Solid Waste Urban Service Area" means that portion of the unincorporated area of the County described on Appendix A. "Duplex" shall mean a Building that contains two Dwelling Units. "Dwelling Unit" shall mean a Building, or a portion thereof, lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "DOR Code" means a property use code establis7hed in Rule 120-8.008, Florida Administrative Code, assigned by the Property Appraiser to Tax Parcels within the County. 4 "Exempt Waste" means Biological Waste, Hazardous Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead acid batteries, used oil, any material for which there is no legally permitted disposal or storage facility within the County. However, tires on rims, rims, small boat and auto parts under 50 Ibs are not exempt. "Final Assessment Resolution" means the resolution adopted in which Solid Waste Service Assessments are imposed which shall confirm, modify, or repeal the Initial Assessment Resolution and which shall be the final proceeding for the annual imposition of Solid Waste Service Assessments. "Fiscal Year" means that period beginning October 1st of each year and ending on September 30th of the subsequent year. "Garbage" means all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food material. "Hazardous Waste" means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term 5 does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. "Household Waste" means Garbage and Rubbish generated by a Dwelling Unit for which Collection Service is provided hereunder. The term "Household Waste" does not include Exempt Waste or Bulk Items. "Improved Property" means all property within the County on which a Building or other improvements including, but not limited to, facilities providing retail electrical service to such property have been placed or constructed, which improvements result in such property generating Residential Waste or being capable of generating Residential Waste. "Improvement Codes" mean the property use codes assigned by the Property Appraiser to Tax Parcels within the County. "Initial Assessment Resolution" means the annual resolution adopted in any year in which Solid Waste Service Assessments are imposed which shall be the initial proceeding for the identification of the Solid Waste Cost for which an assessment is to be made and for the imposition of a Solid Waste Service Assessment. "Land Clearing Debris" means vegetative matter resulting from a comprehensive land clearing operation, but does not include Yard Trash. "Mobile Home" means manufactured homes, trailers, campers and recreational vehicles. "Multiple Single-Family Attached Units" means single-family dwelling units constructed in a series, row, or group, including four units or more with common walls or 6 separate walls abutting each other, separated by a nominal space of not less than two inches, or which have an independent entrance. "Owner" means the Person reflected as the owner of Assessed Property on the Tax Roll. "Property Appraiser" means the St. Lucie County Property Appraiser. "Recyclable Material" means those materials which are capable of being recycled and which would otherwise be processed or disposed of as Household Waste. The materials initially designated by the County are (A) newspapers and all inserts, (8) #1 through #7 plastic containers (all colors), (C) aluminum cans, (D) steel cans,(E) glass bottles and jars (green, clear, and brown), (F) aluminum foil, (G) aluminum bakeware, (H) aeseptic containers, (I) gable top containers, (J) telephone books, (k) magazines and catalogs, (I) paperboard boxes, and (M) corrugated cardboard boxes. "Recyclable Material Collection Service" means the process whereby Recyclable Material is removed from a Dwelling Unit, processed and marketed by Contractor. "Residential Property" means a parcel of Improved Property on which a Single- Family Residence, Mobile Home, Duplex or Triplex is located; provided, however, that "Residential Property" does not include (A) property on which a Mobile Home is located that is classified as either "PUD," "HIRD," "RE-2", "CG," "CN," "CO," or "RVP" under the County's zoning regulation, or (8) a parcel of property on which more than one Single- Family Residence, Mobile Home, Duplex or Triplex is located; or (C) any Dwelling Unit located on a parcel of property that shares a common wall with one or more other 7 Dwelling Units on other parcels of property not under common ownership. Residential property shall not include any County owned property. "Residential Waste" includes Household Waste, Yard Trash and Bulk Items. "Residential Waste Collection Service" means the process whereby Residential Waste is removed from a Dwelling Unit and transported to a Solid Waste Disposal Facility. "Rubbish" means all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweep-ups and all other accumulations of a nature other than Garbage, which are usual to housekeeping; also any bottles, cans or other containers not containing Garbage. "Single-Family Residence" shall mean a Building that contains a single Dwelling Unit. "Sludge" includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. "Solid Waste Service Assessment" means a special assessment lawfully imposed by the County against Assessed Property to fund all or any portion of the cost of the provision of Residential Waste and Recyclable Materials collection and disposal services, facilities, or programs providing a special benefit to property as a 8 consequence of possessing a logical relationship to the value, use, or characteristics of the Assessed Property. "Solid Waste Cost" means the amount necessary to fund the County's collection and disposal of Residential Waste and the recycling activities of Recyclable Materials that are allocable to Assessed Property during a Fiscal Year and shall include, but not be limited to: (A) the cost, whether direct or indirect, of all services, programs or facilities provided by the County, or through contractual arrangements with the County relating to Residential Waste and Recyclable Materials management, collection and disposal activities; (B) the cost of any indemnity or surety bonds and premiums for insurance; (C) the cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits; (0) the cost of computer services, data processing, and communications; (E) the cost of training, travel and per diem; (F) the recovery of unpaid or delinquent fees or charges advanced by the County and due for Residential Waste and Recyclable Materials management, collection, and disposal services, programs or facilities allocable to specific parcels; (G) the cost of engineering, financial, legal or other professional services; (H) all costs associated with the structure, implementation, collection, and enforcement of the Solid Waste Service Assessments or a prior year's assessment for a comparable service, facility or program, including any service charges of the Tax Collector or Property Appraiser; (I) all other costs and expenses necessary or incidental to the acquisition, provision, or delivery of the services, programs or facilities funded by the Solid Waste Service Assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the Board; (J) a 9 reasonable amount for contingency and anticipated delinquencies and uncollectible Solid Waste Service Assessments; and (K) reimbursement to the County or any other Person for any monies advanced for any costs incurred by the County or such Person in connection with any of the foregoing items of Solid Waste Cost. "Solid Waste Disposal Facility" means the place or places specifically designated by the County for the disposal of Residential Waste. "Tax Collector" means the St. Lucie County Tax Collector. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Triplex" shall mean a Building that contains three Dwelling Units. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non- ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "White Goods" means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic appliances that were previously used at the Dwelling Unit from which they are collected. "Yard Trash" means vegetative matter resulting from yard and landscape maintenance. The term "Yard Trash" does not include Exempt Waste. SECTION 3. LEGISLATIVE DETERMINATIONS. It is hereby ascertained, determined and declared that the Solid Waste Costs provide a special benefit to the Assessed Property based upon the following legislative determinations: 10 (A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125.01 and 125.66, Florida Statutes, the Board has all powers of local self-government to perform county functions and to render county services except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of County ordinances and resolutions. (B) In addition to its powers of self-government, the Board is authorized by section 125.01 (1 )(r), Florida Statutes, to impose Solid Waste Service Assessments in all or a portion of the unincorporated area. Additionally, the Board derives authority to impose Solid Waste Service Assessments from the home rule power of counties in Article VIII, section 1 (f), Florida Constitution, section 125.01 Florida Statutes, and specifically section 125.01(1)(r), Florida Statutes. (C) This Resolution authorizes the imposition of Solid Waste Service Assessments within the County Solid Waste Urban Service Area. (D) It is fair and reasonable to use the Improvement Codes and DOR Codes to apportion the Solid Waste Cost among parcels of Assessed Property located within the County Solid Waste Urban Service Area because: (1) the Tax Roll database employing the use of such property use codes is the most comprehensive, accurate, and reliable information readily available to determine the property use and number of Dwelling Units for Improved Property within the County Solid Waste Urban Service Area, and (2) the Tax Roll database is maintained by the Property Appraiser and is consistent with the coding of parcel designations on the Tax Roll which compatibility 11 permits the development of an Assessment Roll in conformity with the requirements of the Uniform Assessment Collection Act. (E) Pursuant to section 403.706(1), Florida Statutes, the County has the general responsibility and authority to provide for the collection and transport of Residential Waste and Recyclable Materials generated within its unincorporated area to appropriate Solid Waste Disposal Facilities. (F) The existence of any Building or other improvement on Improved Property results in such property generating Residential Waste and Recyclable Materials or being capable of generating Residential Waste and Recyclable Materials. (G) Whether imposed throughout the entire County or a portion thereof, the imposition of a recurring annual Solid Waste Service Assessment is an alternative, equitable and efficient method to fairly and reasonably apportion and recover the Residential Waste and Recyclable Materials management, collection, and disposal costs experienced by the County among the parcels of Residential Property within the County Solid Waste Urban Service Area. (H) The size or value of Residential Property does not determine the scope and cost of Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such property. The use of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs are driven by the existence of a Dwelling Unit and the average occupant population. 12 (I) Apportioning the Solid Waste Costs for Residential Waste collection and disposal services provided to Residential Property within the County Solid Waste Urban Service Area on a per Dwelling Unit basis is compatible with the use of the Tax Roll data base, is required to avoid cost inefficiency and unnecessary administration, and is a fair and reasonable method of apportioning Solid Waste Costs. (J) The use of the uniform method of collection authorized in the Uniform Assessment Collection Act provides a mechanism to equitably and efficiently collect Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal service, facilities, and programs allocable to specific parcels of Assessed Property within the County Solid Waste Urban Service Area. (K) The annual Solid Waste Service Assessment to be imposed pursuant to this Resolution shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (L) The Solid Waste Service Assessment imposed pursuant to this Resolution is imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provision of the Uniform Assessment Collection Act shall be construed as ministerial. (M) Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs furnished by the County provide a special benefit and possess a logical relationship to the use and enjoyment of Residential Property by providing: (1) Residential Waste and Recyclable Materials management, 13 collection, and disposal services, facilities, and programs to the Owners and occupants of Residential Property for proper, safe, and cost effective disposal of Residential Waste and Recyclable Materials generated on such property, (2) better service to Owners and tenants, (3) the enhancement of environmentally responsible use and enjoyment of Residential Property, and (4) the protection and possible enhancement of property values and the health and safety of the Owners and occupants of Residential Property resulting from the uniform delivery and availability of such services, facilities, and programs. (N) It is hereby ascertained, determined, and declared that each parcel of Assessed Property will be benefited by the County's provision of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs in an amount not less than the Solid Waste Service Assessment upon such parcel computed in the manner set forth in this Initial Assessment Resolution. SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES. (A) Upon the imposition of Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal against Assessed Property located within the County Solid Waste Urban Service Area, the County shall cause Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such Assessed Property. Solid Waste Costs shall be paid from proceeds of the Solid Waste Service Assessments. (8) The provision of comprehensive Residential Waste and Recyclable Materials management, collection, and disposal services and programs furnished by or 14 through the County Solid Waste Urban Service Area to Residential Property enhances and strengthens the relationship of such services and programs to the use and enjoyment of Residential Property within the County Solid Waste Urban Service Area. SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF INITIAL SOLID WASTE SERVICE ASSESSMENTS. (A) The Solid Waste Cost to be assessed and apportioned among benefited parcels for the Fiscal Year commencing October 1, 2006, is approximately $3,336,432.00. The approval of this Initial Assessment Resolution determines the amount of the Solid Waste Cost. The remainder of such Fiscal Year budget for Residential Waste and Recyclable Materials services and facilities shall be funded from available County revenue other than Solid Waste Service Assessments. (B) For the Fiscal Year in which Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs are imposed, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. A rate of assessment equal to $170.88 for each Dwelling Unit for Residential Waste and Recyclable Materials management, collection, and disposal services is hereby approved for the Fiscal Year commencing on October 1, 2006. In addition to the Solid Waste Service Assessments for Residential Waste and Recyclable Materials for the Fiscal Year, the Solid Waste Cost due from any property for prior Fiscal Years which is delinquent shall be assessed against such Residential Property. 15 (C) The rate of the Solid Waste Service Assessments established in this Initial Assessment Resolution shall be the rates applied by the County Administrator in the preparation of the initial Assessment Roll for the Fiscal Year commencing October 1, 2006, as provided in Section 6 of this Initial Assessment Resolution. SECTION 6. ASSESSMENT ROLL. (A) The County Administrator is hereby directed to prepare, or cause to be prepared, an Initial Assessment Roll for the Fiscal Year commencing October 1, 2006. Such Initial Assessment Roll shall contain the following: (1) a summary description of all Assessed Property within the County Solid Waste Urban Service Area conforming to the description contained on the Tax Roll, (2) the name and address of the Owner of record of each parcel as shown on the Tax Roll, and (3) the amount of the Initial Solid Waste Service Assessment for Residential Waste and Recyclable Materials management, collection, and disposal services. The Initial Assessment Roll shall be open to public inspection. The foregoing shall not be construed to require that the initial Assessment Roll be in printed form if the amount of the Solid Waste Service Assessment for each parcel of property can be determined by use of a computer terminal available to the public. Such Solid Waste Service Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment rate by the number of Dwelling Units on such parcel. A separate Assessment Roll containing the above information shall also be prepared for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years. (B) It is hereby ascertained, determined, and declared that the foregoing method of determining the Solid Waste Service Assessments for Residential Waste and 16 Recyclable Materials management, collection, and disposal services (1) is a fair and reasonable method of apportioning the Solid Waste Cost among parcels of Assessed Property and (2) is an equitable and efficient mechanism to address payment delinquencies and recover funds advanced for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs which are allocable to specific parcels of Assessed Property. SECTION 7 . AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 6:00 p.m. on August 15, 2006, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of (A) receiving and considering any comments on the Solid Waste Service Assessments from affected property owners and (8) authorizing the imposition of such Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal and collection on the same bill as ad valorem taxes. SECTION 8. NOTICE BY PUBLICATION. The County Administrator shall publish a notice, as required by the Uniform Assessment Collection Act, in substantially the form attached hereto as Appendix 8. Such notice shall be published not later than July 25, 2006 in a newspaper generally circulated in the County. SECTION 9. NOTICE BY MAIL. The County Administrator shall provide notice by first class mail to the Owner of each parcel of Assessed Property that was subject to the Solid Waste Assessment for the first time, is being assessed for a delinquency in the payment of the Solid Waste Cost for prior Fiscal Years or as otherwise required by the Uniform Assessment Collection Act, in substantially the form attached hereto as 17 Appendix B. Such notices shall be mailed not later than July 25, 2006. For purposes of the Solid Waste Assessment, the amount of the assessment levied in Fiscal Year 2006- 2007 shall be deemed the maximum rate authorized by law. SECTION 10. EFFECTIVE DATE. This Initial Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 18th day of July, 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman ATTEST: By: Deputy Clerk APPROVED FOR FORM AND CORRECTNESS: By: County Attorney 18 APPENDIX A DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA APPENDIX A DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA The County Solid Waste Urban Service Area is described as that portion of the unincorporated area of the County lying to the east of the following described line: begin at the point Interstate 95 enters the County from Indian River County and run southerly along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C- 24 Canal; then run southerly along C-24 Canal to Juliette Avenue; then run westerly along Juliette avenue to Salvatierra Boulevard; then run southerly along Salvatierra Boulevard to Tanforan Boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin County. A-1 APPENDIX B FORM OF NOTICE TO BE PUBLISHED APPENDIX B FORM OF NOTICE TO BE PUBLISHED To Be Published on or before July 25,2006. NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS Notice is hereby given that the Board of County Commissions of St. Lucie County, Florida (the "Board") will conduct a public hearing to consider imposing solid waste special assessments against certain improved residential properties located within the County Solid Waste Urban Service Area to fund the cost of solid waste management, collection, and disposal services, facilities and programs provided to such properties and to authorize collection of such assessments on the tax bill. The hearing will be held in the County Commission Chambers at 6:00 p.m. on August 15, 2006, or soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Community Services Director at (772) 462-1777 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. The assessments will be computed by multiplying the number of dwelling units on each parcel by the rate of assessment. The rate of assessment for the upcoming fiscal year shall be $170.88 per dwelling unit. The maximum rate of assessment that can be charged in future fiscal years without additional notice shall be $170.88 per dwelling unit. Copies of the assessment roll, showing the amount of the assessment to B-1 --_._---~~ ST. LUCIE COUNTY SOLID WASTE NON-AD VALOREM ASSESSMENT BOUNDARY - -_._------.--- W~ SERVICE AREA I I: r" ----;---,...-.~ I ~ __o-J :i --"--~- ' I r-' ! - I - -r i~----1 I H r~ h~:~r"l l-- ~ l - ! - ,-,ill ¡ ; 'r' __-1 ,+-+--- ~~-~~1-'I= J1--l_ ~. -;~t-i ~r~ I 1 ~ ~_ I I . Y I _' -T I I C1'--T - .';---' ¡ .' I I '----j 11- lL· ----I I i, i ¡ .4t, . I -~ -j I I r__..__.____... , ~. ' 'r I I~ \~_ I ::+-~ ,+-+1 -.... ,- PORT ST LUCIE CITY LIMITS I \ I I I ~"- - - ,<' ~, I ~+=~:\ \ I' _ _._ _ I I______'~ ---,-J ~: '; \ : ,- " "I .____:L ';\ ·IL__ _____ _ _r-- be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the office of the County's MSBU Coordinator located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The assessments will be collected on the ad valorem tax bill to be mailed in November 2006, as authorized by section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may' result in a loss of title. If you have any questions, please contact the County at (772) 462-3500, Monday through Friday between 8:30 a.m. and 5:00 p.m. [INSERT MAP OF COUNTY] DOUGLAS M. ANDERSON County Administrator B-2 APPENDIX C-1 AND C-2 FORM OF NOTICE TO BE MAILED APPENDIX C-l * * * * * NOTICE TO PROPERTY OWNER * * * * * ST. LUCIE COUNTY 2300 Virginia Avenue Ft. Pierce, Florida 34982 ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS NOTICE DATE: JULY 25, 2006 Owner Address City, State Zip Tax Parcel # Legal Description: As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County Commissioners of St. Lucie County, Florida, notice is given by the County that annual assessments for solid waste services (qarbaqe and yard waste collection) using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund solid waste services benefiting improved residential property located within the County Solid Waste Urban Service Area is a fair, efficient and effective manner to fund solid waste services. The total annual solid waste assessment revenue to be collected within the County Solid Waste Urban Service Area is estimated to be $3,326,520.96. The annual solid waste assessment is based on the number of residential dwelling units contained on each parcel of property. The following is a summary of the non-ad valorem special assessments being imposed on the above parcel for the fiscal year beginning October 1, 2006. The above parcel is subject to the solid waste assessment: The total number of residential dwelling units on the above parcel is units. dwelling The annual solid waste assessment for the above parcel is $ for fiscal year 2006-07 and shall constitute the maximum amount of the assessment for future fiscal years, unless a new resolution is subsequently adopted by the Board. A public hearing will be held at 6:00 p.m. on August 15, 2006, or as soon thereafter as may be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the C-1 purpose of receiving public comment on the proposed assessments. All owners of improved residential property within the County Solid Waste Urban Service Area were mailed individual notices similar to this one. Subsequent to this year, only owners of reclassified property which resulted in an increased assessment, or owners of property not included on the prior years assessment roll will receive updated mailed notice in addition to the annual published notice, provided that the amount levied does not exceed the maximum amount of the assessment as set forth herein. You and all other affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 calendar days of the date of this notice. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Community Services Director at (772) 462-1777 or telecommunications device for the deaf at (772) 462- 1428, at least seven (7) days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board's action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the legal documentation for the assessment program are available for inspection at the Office of the County's MSBU Coordinator, located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The special assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-3500, Monday through Friday between 8:30 a.m. and 5:00 p.m. *****THIS IS NOT A TAX BILL ***** C-2 * * * * * NOTICE TO PROPERTY OWNER * * * * * ST. LUCIE COUNTY 2300 Virginia Avenue Ft. Pierce, Florida 34982 ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS «OWN1 LASTNA», «OWN1 FIRSTN» «OWNSTREET1 » «OWNCITY», «OWNST ATE» «OWN POST AL» NOTICE DATE: JULY 25,2006 Tax Parcel # «PARCELlD» Legal Description: ((LEGALDESCR» NOTICE OF ASSESSMENT FOR "UNCOLLECTED" SOLID WASTE SERVICE ASSESSMENT FEES DUE FOR FISCAL YEAR 2005-2006 (OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006). As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County Commissioners of St. Lucie County, Florida, notice is given by the County that annual assessments for solid waste services (aarbaae. recycling and yard waste collection and disposal service) using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund solid waste services benefiting improved residential property located within the County Solid Waste Urban Service Area is a fair, efficient and effective manner to fund solid waste services. The total annual solid waste assessment revenue to be collected within the County Solid Waste Urban Service Area for "uncollected" solid waste service assessment fees is estimated to be $9,740.16. The annual solid waste assessment is based on the number of residential dwelling units contained on each parcel of property. The following is a summary of the solid waste service assessments that were erroneouslY not collected for the above parcel for the fiscal year beginnina October 1. 2005. This amount is in addition to the solid waste non-ad valorem assessment for the fiscal year beginning October 1, 2006. The above parcel is subject to the solid waste assessment: The total number of residential dwelling units on the above parcel is «UNITS ON S» dwelling units. The annual solid waste assessment for the above parcel is $«AMT» for fiscal year 2005- 06 and shall constitute the maximum amount of the assessment for future fiscal years, unless a new resolution is subsequently adopted by the Board. A public hearing will be held at 6:00 p.m. on August 15, 2006, or as soon thereafter as may be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All owners of improved residential property within the County Solid Waste Urban Service Area were mailed individual notices similar to this one. Subsequent to this year, only owners of reclassified property which resulted in an increased assessment, or owners of property not included on the prior years assessment roll will receive updated mailed notice in addition to the annual published notice, provided that the amount levied does not exceed the maximum amount of the assessment as set forth herein. You and all other affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 calendar days of the date of this notice. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Community Services Director at (772) 462-1777 or telecommunications device for the deaf at (772) 462-1428, at least seven (7) days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board's action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the legal documentation for the assessment program are available for inspection at the Office of the County's MSBU Coordinator, located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The special assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-3500, Monday through Friday between 8:30 a.m. and 5:00 p.m. *****THIS IS NOT A TAX BILL ***** ITEM NO. C- 4 B DATE: July 18,2006 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Approval of the Work Authorization No.5 with Inwood Consulting Engineers, Inc. for the Final Design of the Angle Road Sidewalk Project in the amount of $1 02, 795.00. BACKGROUND: See memo for background. FUNDS AVAILABLE: Funds will be made available in Fund No. 101006-4116-563005-4702 Transportation Trust/Impact Fees for engineering and 101006-4116-563021-4702 Transportation Trust / Impact Fees for Reimbursables. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve Work Authorization No.5 with Inwood Consulting Engineers, Inc. for the Final Design of the Angle Road Sidewalk Project in the amount of$102,795.00, and signature by the Chairman. COMMISSION ACTION: Approved 5-0 ONCI!BR~E: " APPROVED [] DENIED /. -p - --_ [1 OTHER Do~n ~. County Administrator [x] County Attorney { ~'I M~" _ I--~ \f(V\ ~ II """"'"" [x] Originating Dept. Public Works . [xl Project. Man. [xl Exec. Asst.h~t\ [ ] Finance _ _ (Check for copy only, ifapplicable) Angle Rd. Sidewalk waS road Inwood.doc - iõ ;; MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer jv\ Vp DATE: July 18, 2006 SUBJECT: Work Authorization No.5 with Inwood Consulting Engineers, Inc. for the Final Design ofthe Angle Road Sidewalk Project BACKGROUND May 10,2005 - Board approved Work Authorization No.2 with Inwood Consulting Engineers, Inc. for the Survey and Preliminary Design of the Angle Road Sidewalk Project in the amount of$49,920.55. Staff recommends the Board approve the attached Work Authorization NO.5 with Inwood Consulting Engineers, Inc. for the Final Design of the Angle Road Sidewalk Project in the amount of $102,795.00. · -; WORK AUTHORIZATION NO.5 Engineering Services Roadway and Intersection Design C03-09-708 Angle Road Sidewalk Project Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Inwood Consulting Engineers (the "Engineer") dated September 9, 2003, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the 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 ~7)ZMh- ENGINEER BY:C--~~.~ Print Name: ::Do.v,d G. ~leW\(.U"¡ Inwood Consulting Engineers Date: 07. ()~. ()~ .. .. ~ ~--_ consulting engineers July 6,2006 SLC-O 12-02 Mr. Michael V. Powley, P.E. County Engineer ST. LUCIE COUNTY EngineeIing Division 2300 Virginia Avenue, Room 229 Ft. Pierce, FlOlida 34982 Re: Proposal for Engineering Services - Angle Road Sidewalk & Signalization Dear Mr. Powley: The attached documents are the Scope of Services. Fee Proposal and Project Schedule for the above referenced project. The project includes the design of approximately two miles of sidewalk along the northeast side of Angle Road and also includes mast arm signalization design at the Angle Road and Avenue Q intersection. Inwood will provide concept and final construction plans preparation, permitting, and utility coordination for the project. Thank you for the opportunity to provide these services for the County and we look forward to assisting the County on this important project. Should you have any questions or comments, please call. Very truly yours, INWOOD CONSULTING ENGINEERS, INC. ~~CJ~.~ David G. Colem,m, P.E. PIincipal f;37ÇJ ÇlqrJ~J~tf.,ª,ª~ .. Oviedo. F~ 327.65 · .tf!'. .407.971.8850 fax· 407.971,8955 I i EXHIBIT "A" SCOPE OF SERVICES Article I Project Description The COUNTY hereby retains the ENGINEER to furnish Engineering Services for the following development: 1. Angle Road sidewalk along the east side of the roadway from Orange Avenue to NW 53rd Street and signalization at Avenue O. The above described improvements are hereinafter called the PROJECT. Article II Services by Enqineer The consulting services that the ENGINEER shall furnish to the COUNTY shall be as outlined in the Scope of Services attached herewith as Exhibit A. Article III County's Responsibilities A. The COUNTY'S responsibilities include the following: 1. Coordinate the COUNTY requirements for the PROJECT with the ENGINEER. Article IV Compensation and Payments to the Enqineer A. Payment for Enqineerinq Services The COUNTY will pay the ENGINEER a lump sum of ONE HUNDRED TWO THOUSAND, SEVEN HUNDRED· NINETY-FIVE DOLLARS ($102,795.00) for Engineering Services. (See attached Exhibit "8" - Fee Proposal.) Compensation for these services shall be billed by the ENGINEER and paid by the COUNTY not more than once per month in progress payments in proportion toser.vices performed. February, 2006 EXHIBIT A .<;" S.h-LbI.G,I.E--·~,- COUNTY FLORIDA- SCOPE OF SERVICES FOR CONTRACT C03-09-708 Work Authorization # 3 ANGLE ROAD SIDEWALK PROJECT ST. LUCIE COUNTY ENGINEERING DIVISION 1 PURPOSE 6 7 7 7 7 7 7 7 8 8 9 14 2 PROJECT DESCRIPTION 2.1 Roadway (Activities 3.0, 4.0, and 5.0) 2.2 Drainage (Activity 6.0) 2.3 Utilities (Activity 7.0) 2.4 Environmental Permits (Activity 8) 2.6 Pavement Markings (Activity 19.0 & 20.0) 2.7 Signals 2.15 Project Schedule 2.16 Submittals 2.17 Provisions for Work 2.18 Services to be Performed by the COUNTY 3 PROJECT COMMON and PROJECT GENERAL TASKS 14 Project Common Tasks 14 16 16 17 17 Project General Tasks 3.3 Specifications Package Preparation 3.4 Contract Maintenance 3.6 Prime Project Manager Meetings 17 17 17 17 17 18 18 18 18 18 18 18 4 ROADWAY ANALYSIS 4.1 Typical Section Package 4.4 HorizontaVVertical Master Design Files 4.5 Cross Section Design Files 4.6 Traffic Control Analysis 4.9 Design Report 4.10 Computation Book and Quantities 4.11 Cost Estimate 4.14 Field Reviews 4.16 Quality AssurancelQuality Control 4.18 Supervision 4.19 Coordination 18 18 18 18 18 18 18 18 19 19 5 ROADWAY PLANS 5.1 Key Sheet 5.2 Summary of Pay Items 5.3 Drainage Map 5.5 Typical Section Sheets 5.6 General Notes/Pay Item Notes 5.7 Summary of Quantities 5.10 Summary 0 f Drainage Structures 5.15 Plan Sheet 5.17 Back of Sidewalk Profile Sheet 7/5/2006 A- 2 Angle Road Sidewalk Project 5.22 Drainage Structure Sheet 5.29 Roadway Soil Survey Sheet 5.30 Cross Sections 5.33 Traffic Control Detail Sheets 5.34 Utility Adjustment Sheets 5.35 Selective Clearing and Grubbing 5.41 Quality Assurance/Quality Contro 1 5.42 Supervision 6 DRAINAGE ANALYSIS 6.9 Design of Storm Drains 6.13 Drainage Design Documentation Report 6.16 Cost Estimate 6.19 Field Reviews 6.20 Technical Meetings 6.21 Quality Assurance/Quality Control 6.23 Supervision 6.24 Coordination 19 19 19 19 19 19 19 19 , 19 19 19 19 19 19 19 20 20 7 UTILITIES 20 7.1 Kickoff Meeting 20 7.2 Identify Existing UAO(s) 20 7.3 Make Utility Contacts 20 7.5 Preliminary Utility Meeting 20 7.6 IndividuaVField Meetings 21 7.7 Collect and Review Plans and Data ITom UAO(s) 21 7.8 Subordination of Easements Coordination 21 7.9 Utility Design Meeting 21 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements 21 7.11 Utility Coordination/Followup 21 7.12 Utility Constructability Review 22 7.13 Additional Utility Services 22 7.14 Processing Utility Work by Highway Contractor (UWHC) - N/A 22 7.15 Contract Plans to UAO(s) 22 7.16 Certification/Close-Out 22 8 ENVIRONMENTAL PERMITS 22 8.1 Preliminary Project Research 22 8.5 Complete and Submit All Required Permit Applications 22 8.6 Prepare Dredge and Fill Sketches 22 8.16 Technical Meetings 23 8.17 Quality Assurance/Quality Control 23 8.18 Supervision 23 8.19 Coordination 23 19 SIGNING AND PAVEMENT MARKING ANALYSIS 23 19.1 Traffic Data Analysis 23 7/5/2006 A- 3 Angle Road Sidewalk Project 23 23 23 23 23 23 23 23 23 23 19.3 19.7 19.8 19.9 19.11 19.12 19.13 19.14 19.16 19.17 Reference and Master Design File Quantities Computation Book Cost Estimates Other Signing and Pavement Marking Analysis Field Reviews Technical Meetings Quality AssurancelQuality Control Supervision Coordination 20 SIGNING AND PAVEMENT MARKING PLANS 20.1 Key Sheet 20.3 Tabulation of Quantities 20.4 General Notes/Pay Item Notes 20.6 Plan Sheet 20.7 Typical Details 20.13 Interim Standards 20.14 Quality Assurance/Quality Control 20.15 Supervision 23 23 23 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 25 25 25 25 21 SIGNALIZATION ANALYSIS 21.1 Traffic Data Collection 21.2 Traffic Data Analysis 21.4 Systems Timings 21.5 Reference and Master Signalization Design File 21.7 Overhead Street Name Sign Design 21.8 Pole Elevation Analysis 21.10 Quantities 21. 11 Cost Estimate 21.13 Field Reviews 21.14 Technical Meetings 21.15 Quality Assurance/Quality Control 21.17 Supervision 21.18 Coordination 25 25 25 25 25 25 25 25 25 25 25 22 SIGNALIZATION PLANS 22.1 Key Sheet 22.2 Summary of Pay Items 22.3 Tabulation of Quantities 22.4 General Notes/Pay Item Notes 22.5 Plan Sheet 22.7 Traffic Monitoring Site 22.8 Guide Sign Worksheet 22.9 Special Details 22.11 Mast Arm/Monotube Tabulation Sheet 22.15 Utility Conflict Sheet 7/5/2006 A- 4 Angle Road Sidewalk Project 25 25 25 22.16 Interim Standards 22.17 Quality AssurancelQuality Control 22.18 Supervision 25 26 26 26 26 26 26 26 26 27 27 27 27 27 SURVEY 27.1 Horizontal Project Network Control (HPNC) 27.2 Vertical Project Network Control (VPNC) 27.3 Alignment and/or Existing Right of Way Lines 27.5 Reference Points 27.7 Digital Terrain Model (DTM) 27.10 Utilities 27.27 Work Zone Safety 27.31 Field Review 27.32 Technical Meetings 27.33 Quality ControVQuality Assurance 27.34 Supervision 27.35 Coordination 30 GEOTECHNICAL 27 30.1 Document Collection and Review 27 Structures 27 30.24 Detailed Boring Location Plan 28 30.25 Stake Borings/Utility Clearance 28 30.26 MOT Plans for Field Investigation 28 30.27 Drilling Access Permits 28 30.28 Property Clearances 28 30.29 Collection of Corrosion Samples 28 30.30 Coordination ofField Work 28 30.32 Tabulation of Laboratory Data 28 30.40 Soil Parameters for Signs, Signals, High Mast Lights, and Strain Poles and Geotechnical Recommendations 28 30.44 Final Reports - Signs, Signals, Box Culvert, Walls, and High Mast Lights_ 28 30.45 Drafting 29 30.48 Field Reviews 29 30.49 Technical Meetings 29 30.50 Quality Assurance/Quality Control 29 30.51 Supervision 29 30.52 Coordination 29 30 30 30 30 30 30 33 PROJECT REQUIREMENTS 33.2 Key Personnel 33.3 Progress Reporting 33.4 Correspondence 33.5 Professional Endorsement 33.6 Computer Automation 34 INVOICING LIMITS 30 7/5/2006 A- 5 Angle Road Sidewalk Project SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES This Exhibit forms an integral part of the agreement between Saint Lucie County (hereinafter referred to as the COUNTY) and Inwood Consulting Engineers, Inc. (hereinafter referred to as the CONSULTANT) relative to the transportation facility described as follows: Description: Sidewalk Design for Angle Rd from N of Orange Ave. to S ofNW 53rd St and Signalization Design for Angle Rd and Avenue Q intersection. St. Lucie County, Florida 1 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for: . Sidewalk improvements to the transportation facility described herein . Signalization improvements to the transportation facility described herein The general objective is for the CONSULTANT to prepare a set of plans to be used by the contractor to build the project, and by the COUNTY to ensure the project is built as designed and to specifications. Elements of work shall include roadways, structures, intersections, drainage, pavement markings, utility relocation, maintenance of traffic, cost estimates, environmental permits, quantity computation books, and all necessary incidental items for a complete project. The Scope of Services establishes which items of work described in the Plans Preparation Manual and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY. All plans and design documents are to be prepared with Standard English values in accordance with all applicable FLORIDA DEPARTMENT OF TRANSPORTATION manuals and guidelines. The CONSULTANT shall be aware that as a project is developed, certain modifications and/or improvements to the original recommendation may be required. The CONSULTANT is to incorporate these refinements into the design and will consider this effort to be an anticipated and integral part of the work. This wHl not be a basis for any supplemental fee request(s). The'CONSUL T ANT shall demonstrate good project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance with COUNTY procedures. It shall be the CONSULTANT's responsibility to utilize the very best engineering judgment, practices, and principles possible during the prosecution of the work commissioned under this contract. The COUNTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of the contract plans. The COUNTY will provide job-specific information and/or functions as outlined in this contract. 7/5/2006 A-6 Angle Road Sidewalk Project 2 PROJECT DESCRIPTION The CONSULTANT shall utilize the preliminary engineering and technical memorandum developed by the CONS UL T ANT as the basis for design. The proposed sidewalk is located in northern St. Lucie County along the northeast side of Angle Road (CR 607A) between Orange Ave and North 53rd Street. The approximate length of the project is 2 miles. The design will be based on the 30% Angle Road Sidewalk plans dated October 19,2005 that were previously provided, reviewed and approved by the County. The scope of work includes the mast arm signalization plans for Angle Road and Avenue Q intersection. Permits from South Florida Water Management District and North St. Lucie Water Control District are anticipated. The CONSULTANT shall incorporate the following into the design of this facility: 2.1 Roadway (Activities 3.0, 4.0, and 5.0) Plan Tvpe: Plan view and cross-sections. Typical Section: One typical section consists of a 6' sidewalk along the northeast side of Angle Road, offset 3' from the right of way line where permissible. Level ofTCP Plans: Levell. Limits: Angle Road from Orange Avenue to N 53rd Street. Back of Sidewalk Profiles: Provide back of sidewalk profiles through Phase III Plans or as directed by the COUNTY. 2.2 Drainage (Activity 6.0) Describe expected systems, Le., open, closed, ditches. 2.3 Utilities (Activity 7.0) Utilities anticipated on the project. Comcast Cable City of Fort Pierce FGT - Ft. Pierce Florida Power & Light - St. Lucie Fort Pierce Utilities Authority BellSouth Thomas Carroll Public Joseph Sanchez Tracy Stern William Thiess Robert Lowen (954) 534-7417 (772) 460-2200 Ext 403 (407) 838-7171 (305) 442-5966 (772) 466-1600 Ext. 3475 (561) 439-9118 2.4 Environmental Permits (Activity 8) Expected permits, SFWMD, North St. Lucie Water Control District The COUNTY will direct use of mitigation site as necessary. 2.6 Pavement Markings (Activity 19.0 & 20.0) 2.7 Signals 7/5/2006 A-7 Angle Road Sidewalk Project Intersections: Proposed mast arm signalized intersection at Angle Rd and Avenue Q. Traffic Data Collection: Coordination with St. Lucie County Traffic Operations Engineer. 2.15 Project Schedule Within ten (l0) days after the Notice- To-Proceed, and prior to the CONSULTANT beginning work, the CONSULTANT shall provide a detailed project activity/event schedule. The schedule shall indicate all required submittals. For purposes of scheduling, the CONSULTANT shall allow for the following COUNTY work activity and submittal review times, when applicable: Work Activity/Submittal Review Time (weeks) Roadway Plans Review 4 Environmental Permitting Packages Review 4 Prepare/Execute Utility Agreements Activity 8 Periodically, throughout the life of the project, the schedule shall be reviewed and, with the approval of the COUNTY, adjusted as necessary to incorporate changes in the work concept and progress to date. The schedule shall be submitted in a critical path format. 2.16 Submittals The CONSULTANT shall furnish plans and documents as required by the COUNTY to adequately control, coordinate, and approve the plans. The CONSULTANT shall distribute phase submittals as directed by the COUNTY. The CONSULTANT shall provide copies of the required plans and documents as listed below. These are the anticipated printing requirements for the project. This tabulation will be used for estimating purposes. The Project Manager will determine the specific number of copies required prior to each submittal. 60% Submittal (5 Plan Sets @ 1"=40' scale) · Plan Sets shall include Roadway, Signing & Pavement Marking, Signalization and Traffic Control Plans · Updated Cost Estimate 90% Submittal (5 Plan Sets @ 1 "=40' scale) · Plan Sets shall include Roadway, Signing & Pavement Marking, Signalization and Traffic Control Plans · Updated Cost Estimate · Bidding Documents and Technical Specifications Final Deliverables 7/5/2006 A-8 Angle Road Sidewalk Project · All Plans, Maps, Cost Estimates, Computation Book (3 sets), Bidding Documents, Technical Specifications, and Project CD(s)/DVD(s) · 1 Set of Sign & Sealed Plans, Maps and Reports · 2 Sets of Bound Plans and Documents · 1 Set of Looseleaf Plans and Documents for Copying · Final Cost Estimate 2.17 Provisions for Work All maps, plans and designs are to be prepared with English values in accordance with all applicable current COUNTY and FDOT manuals, memorandums, guidelines and other documents listed below: General 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7/5/2006 Florida Statutes Florida Administrative Codes Florida Department of Transportation Project Development and Environmental Manual Florida Department of Transportation Plans Preparation Manual Florida Department of Transportation Standard Specifications for Road and Bridge Construction Florida Department of Transportation Handbook for Preparation of Specifications Package Florida Department of Transportation Design Standards for Design, Construction, Maintenance, and Utility Operations on the State Highway System Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways Bicycle Facilities Planning and Design Manual, Rev. Ed. 1982 CADD Production Criteria Handbook CADD Manual Florida's Level of Service Standards and Guidelines Manual for Planning Equivalent Single Axle Load Guidelines Design Traffic Procedure K-Factor Estimation Process Project Traffic Forecasting Guidelines Florida Department of Transportation Basis of Estimates Manual Quality Assurance Guidelines Safety Standards Rule 61G17-6, F.A.C., Minimum Technical Standards for Professional Surveyors and Mappers Department of Environmental Protection Rules Governing Mean High Water and Jurisdictional Line Surveys Any special instructions from the COUNTY Utility Accommodations Guidelines Policy for Geometric Design of Highways and Streets Florida Department of Transportation Materials Manual Americans with Disabilities Act Accessibility Guidelines (ADAAG) 40 CFR, Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants (NESHAP), Environmental Protection Agency (EP A) 40 CFR, Part 763, Subpart E - Asbestos-Containing Materials in Schools, EP A A-9 Angle Road Sidewalk Project 7/5/2006 o 40 CFR, Part 763, Subpart G - Asbestos Worker Protection, EPA o 29 CFR, Part 1910.1101 - Asbestos Standard for Industry, U.S. Occupational Safety and Health Administration (OSHA) o 29 CFR, Part 1926, 1101 - Asbestos Standard for Construction, OSHA o Ch. 62257, F.A.C. - Asbestos Program, Florida Department of Environmental Protection (DEP) o Ch. 469, F.S. - Asbestos Abatement, Florida Department of Business and Professional Regulation (DBPR) o Model Guide Specifications - Asbestos Abatement and Management in Buildings, National Institute for Building Sciences (NIBS) Permits o Chapter 373, F.S. o Bridge Permit Application Guide, COMDT PUB P16591.3B o Building Permit Drainage o Drainage Manual o Drainage Handbooks o Storm Drain o Optional Pipe Materials o Stormwater Management Facility o Cross Drain o Erosion and Sediment Control o Hydrology o Temporary Drainage Handbook Survey o Location Survey Manual o Highway Field Survey Specifications o Automated Survey Data Gathering o Outline Specifications for Aerial Surveys and Photogrammetry for Transportation Projects o Standards for Consultant-Submitted G.P.S. Static Control Projects o EFB User Guide o Chapter 472, F.S. o Chapter 177, F.S. o FDEP Bureau of Surveying and Mapping Traffic Operation Manuals o American Disabilities Act o AASHTO - Guide for Development of Bicycle Facilities o Federal Highway Administration Standard Highway Signs Manual o Florida Department of Transportation Traffic Engineering Manual o Florida Department of Transportation Manual on Uniform Traffic Studies (MUTS) o National Electrical Code o National Electric Safety Code o Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) A- 10 Angle Road Sidewalk Project 7/5/2006 o o o o o Minimum Specifications for Traffic Control Signal Devices Florida Department of Transportation - Florida Roundabout Guide FHW A - Roundabouts: An Informational Guide Florida Department of Transportation Median Handbook AASHTO - An Information Guide for Highway Lighting Mapping o Right-of-Way Mapping o Florida Department of Transportation Right-of-Way Handbook o Florida Department of Transportation Right-of-Way Manual Structures o AASHTO Standard Specifications for Highway Bridges and Interims (for curved steel bridges and pedestrian bridges only) o AASHTO LRFD Bridge Specifications and Interims o AASHTO LRFD Movable Highway Bridge Design Specifications and Interims o AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals, dated 1994 o AASHTO LRFD Guide Specifications for Steel Curved Girder Bridges o AASHTO Guide Specifications for Horizontally Curved Highway Bridges o AASHTO/-A WS-D 1. 5MID 1.5: An American National Standard Bridge Welding Code o AASHTO Guide Specifications for Design of Pedestrian Bridges o AASHTO Guide Specifications for Structural Design of Sound Barriers o Florida Department of Transportation Structures Design Guidelines o Florida Department of Transportation Structures Detailing Manual o Florida Department of Transportation Structures Standard and Semi-Standard Drawings o Florida Department of Transportation Structures Design Office Temporary Design Bulletins (available on Florida Department of Transportation Structures web site only) o Florida Department of Transportation Preferred Details (available on Florida Department of Transportation Structures web site only) o Florida Department of Transportation - New Directions For Florida Post-Tensioned Bridges Volumes 1-5 o Florida Department of Transportation Bridge Load Rating Permitting And Posting Manual Geotechnical o Soils and Foundation Handbook o Manual of Florida Sampling and Testing Methods Landscape Architecture o Florida Highway Landscape Guide Architectural o Building Codes . Florida Building Code A-ll Angle Road Sidewalk Project 7/5/2006 o Accessibility for Persons with Disabilities · Florida Accessibility Code for Building Construction · Chapter 13D-l, FAC · Section 255.21 and Chapter 553, Part V, F.S. · ANSI Al17.} - 1986 · Titles II and III, Americans With Disabilities Act (ADA), Public Law 101-336; and the ADA Accessibility Guidelines (ADAAG) 0 Fire Codes and Rules · NFP A 70-1990 National Electrical Code · NFPA 101-1997 Life Safety Code · NFPA 10-1998 Standard for Portable Fire Extinguishers · NFPA 11-1999 Standard for Low-Expansion Foam Systems · NFPA 11A-1998 Standard for High- and Medium-Expansion Foam Systems · NFPA 12-1998 Standard for Carbon Dioxide Extinguishing Systems · NFPA 13-1996 Installation of Sprinkler Systems · NFP A 30-1996 Flammable and Combustible Liquids Code · NFP A 54-1996 National Gas Fuel Code · NFP A 58-1998 LP-Gas Code Florida Fire Prevention Code as adopted by the State Fire Marshal Consult with the Florida State Fire Marshal's office for other frequently used codes. o Energy Conservation · Rule 13D-IO, F AC, Rules for Construction and Leases of State-Owned Buildings to Ensure Energy Conservation · Section 255.251, F .S., Florida Energy Conservation Act of 1974 · Section 255.255, F.S., Life-Cycle Costs o Glass · Chapter 553, F.S., Part III, Glass o Elevators · Chapter 7C-5, Florida Elevator Code · Chapter 399, F.S., Elevators o Fl<~od Plain Management Criteria · Section 255.25, F.S., Approval Required Prior to Construction or Lease of Buildings · Rules of the Federal Emergency Management Agency (FEMA) o Extinguishing Systems · NFP A 10 NFP A 13 NFP A 14 Fire Extinguishers Sprinkler Standpipe and Hose System · · A- 12 Angle Road Sidewalk Project 7/5/2006 · NFP A 17 NFP A 20 NFP A 24 NFP A 200 Dry Chemical Centrifugal Fire Pump Private Fire Service Mains Standard on Clean Agent Fire Extinguishing Systems · · · o Detection and Fire Alarm Systems · NFP A 70 Electrical Code · NFPA 72 Standard for the Installation, Maintenance and Use of Local Protective Signaling Systems · NFP A 72E Automatic Fire Detectors · NFP A 72H Testing Procedures for Remote Station and Proprietary Systems · NFPA 72G Installation, Maintenance, and Use of Notification Appliances · NFPA 74 Household Fire Warning Equipment · NFPA 75 Protection of Electronic Computer Equipment o Mechanical Systems · NFP A 90A Air Conditioning and Ventilating Systems · NFP A 92A Smoke Control Systems · NFPA 96 Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment · NFPA 204MSmoke and Heating Venting 0 Miscellaneous Systems · NFP A 45 Laboratories Using Chemicals · NFP A 80 Fire Doors and Windows · NFPA 88A Parking Structures · NFPA 105 Smoke and Draft-Control Door Assemblies · NFPA 110 Emergency and Standby Power Systems · NFP A 220 Types of Building Construction · NFPA 241 Safeguard Construction, Alteration, and Operations · SFM F.A.C.4A-47 Elevators · SFM 4A-51 Boilers 0 Other · Chapter IOD-6 FAC Chapter 17-6.070 F AC Chapter 17-761 FAC On Site Sewage Disposal Systems (Septic Tanks) Wastewater Facilities (Treatment Plants) Underground Storage Tank Rules · · These documents are revised periodically by the responsible agencies and adopted by authorities having jurisdiction on building projects. The design consultant and the project manager are advised to obtain applicable versions ofthese documents from the responsible agency prior to use. o American Concrete Institute o American Institute of Architects - Architect's Handbook of Professional Practice o American Society for Testing and Materials - ASTM Standards o Southern Building Code Congress International- Standard Building Codes o Brick Institute of America A-13 Angle Road Sidewalk Project o OMS - Standards for Design of State Facilities o Florida Concrete Products Association o Florida Department of Transportation - Standard Specifications for Road and Bridge Construction o Florida Department of Transportation - Plans Preparation Manual o Florida Department of Transportation - Roadway and Traffic Design Standards o Florida Department of Transportation - Structures Design Guidelines o Florida Department of Transportation - Structures Detailing Manual o Florida Department of Transportation - Structures Standard Drawings o Florida Department of Transportation - ADA! Accessibility Procedure o Florida Department of Transportation - Fixed Capital Outlay Program o Florida Department of Transportation - Building Code Compliance Procedure o Florida Department of Transportation - Asbestos Management Program Procedure o Florida Department of Transportation - Design Build Procurement and Administration o National Concrete Masonry Association o National Electrical Code (current edition) o National Fire Protection Association - Life Safety Code (current edition) o Portland Cement Association - Concrete Masonry Handbook o South Florida Building Code 2.18 Services to be Performed by the COUNTY When appropriate the COUNTY will provide those services and materials as set forth below: · Furnish standard COUNTY monuments for the bench line. · Regarding Environmental Permitting Services: o Approve all contacts with environmental agencies. o Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contract. Objectives, constraints, budgetary limitations, and time constraints will be completely defined by the Project Manager. o Provide the appropriate signatures on application forms. · Provide reviews of roadway plans. · Furnish all future information that may come to the COUNTY during the term of the CONSULTANT's Agreement, which in the opinion of the COUNTY is necessary for the prosecution of the work. · Furnish all approved utility relocations. · Provide project data currently on file. · Provide engineering standards and review services. · Provide all available information in the possession of the COUNTY pertaining to utility companies whose facilities may be affected by the proposed construction. · Provide all future information that may come to the COUNTY pertaining to subdivision plans so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right-of-way. · Design Reports 3 PROJECT COMMON and PROJECT GENERAL TASKS Project Common Tasks Project Common Tasks, as listed below, are work efforts that are applicable to many project activities, 4.0 7/5/2006 A- 14 Angle Road Sidewalk Project Roadway Analysis through 30.0 Geotechnical. These tasks are to be included in the project scope in each applicable activity when the described work is to be performed by the CONSULTANT. Cost Estimates: The CONSULTANT shall be responsible for producing a construction cost estimate and reviewing and updating the cost estimate when scope changes occur and/or at milestones of the project. A Summary of Pay Items sheet shall be prepared with all required Phase II, III, and IV Plans submittals. Technical Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the Standard Specifications for Road and Bridge Construction and the workbook of implemented modifications. A Technical Special Provision shall not modify the first nine sections of the Standard Specifications and implemented modifications in any way. All modifications to other sections must be justified to the appropriate District Specifications Office to be included in the project's specifications package, typically as special provisions and not as Technical Special Provisions. The Technical Special Provisions shall be technical in nature and shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. Proposed Technical Special Provisions will be submitted to the District Specifications Office for initial review at the time of the Phase III plans review submission to the COUNTY's Project Manager. This timing wi1l allow for adequate processing time prior to final submittal. The Technical Special Provisions wi1l be reviewed for suitabi1ity in accordance with the Handbook for Preparation of Specification Package. The District Specifications Office wi1l forward the Technical Special Provisions to the District Legal Office for their review and comment. All comments wi1l be returned to the CONSULTANT for correction and resolution. Final Technical Special Provisions shall be electronically signed and sealed in accordance with applicable Florida Statutes. Field Reviews: Includes all trips required to obtain necessary data for all elements of the project. Technical Meetings: Includes meetings with COUNTY and/or Agency staff, between disciplines and subconsultants, such as local governments, progress review meetings (phase review), and miscellaneous meetings. Quality Assurance/Quality Control: It is the intention of the COUNTY that design CONSULTANTS are held responsible for their work, including plans review. Detailed checking of CONSULTANT plans or assisting in designing portions of the project for the CONSULTANT is not the intent of having external design consultants. The purpose of CONSULTANT plan reviews is to ensure that CONSULTANT plans follow the plan preparation procedures outlined in the Plans Preparation Manual, that state and federal design criteria are followed with the CQUNTY concept, and that the CONSULTANT submittals are complete. The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall provide a Quality Control Plan that describes the procedures to be utilized to verifY, independently check, and review all maps, design drawings, specifications, and other documentation prepared as a part of the contract. The CONS UL T ANT shall describe how the checking and review processes are to be documented to verify that the required procedures were followed. The Quality Control Plan may be one utilized by the CONS UL T ANT as part of their normal operation or it may be one specifically designed for this project. The CONSULTANT shall submit a Quality Control Plan for approval within 20 (twenty) calendar days of the written Notice to Proceed. A marked up set of prints from a Quality 7/5/2006 A- 15 Angle Road Sidewalk Project Control Review indicating the reviewers for each component (structures, road~ay, drainage, signals, . geotechnical, signing and marking, lighting, surveys, .etc.) and a writte~ resolutlOn. of comm~nts on a pomt- by-point basis will be required with each phase submIttal. The responsI~le ProfesslOna.1 EngI.nee~, Landscape Architect, or Professional Surveyor that performed the QualIty Control reVIew WIll sIgn a statement certifying that the review was conducted. The CONSULTANT shall, without additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and/or other services. Supervision: Includes all efforts required to supervise all technical design activities. Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a fmal set of construction documents. Project General Tasks Project General Tasks, described in Sections 3.1 through 3.7 below, represent work efforts that are applicable to the project as a whole and not to anyone or more specific project activity. The work described in these tasks shall be performed by the CONSULTANT when included in the project scope. 3.3 Specifications Package Preparation The CONSULTANT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions, for all items and areas of work. The DEPARTMENT will provide the necessary workbook and electronic files, in Microsoft Word 2000 format, for proper completion of the specifications package. The actual work effort will entail utilization of the supplied electronic files, including updates of new files that may be issued from time to time as mandatory specifications changes, and assembling the package in accordance with the COUNTY's Specification Package Preparation Training. The COUNTY may also require inclusion of special provisions necessary to convey particular COUNTY needs. The Standard Specifications, for Road and Bridge Construction and, Special Provisions or Supplemental Specifications from the applicable workbook of implemented modifications may not be modified unless absolutely necessary to control project-specific requirements. Proposed modifications to these listed documents must be drafted in redline strikethrough format along with justification of the project specific need, and coordinated with the COUNTY, who will obtain Legal input, and approval prior to inclusion in the final project specifications package. The specifications package must be submitted for initial review to the COUNTY at least 30 days prior to the contract package due date, or sooner. This submittal does not require signing and sealing and shall be coordinated through the COUNTY's Project Manager. Submittal material shall consist of (1) the complete specifications package, (2) a copy of the marked-up workbook used to compile package, and (3) a copy of the final project plans. Final submittal of the complete specifications package must occur at least 10 working days prior to the contract package due date. This submittal shall be electronically signed, dated, and sealed in accordance with applicable Florida Statutes. 7/5/2006 A- 16 Angle Road Sidewalk Project 3.4 Contract Maintenance Contract maintenance includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute subconsultant agreements, etc. 3.6 Prime Project Manager Meetings Includes only the Prime Project Manager's time for travel and attendance at Activity Technical Meetings and other meetings listed in the meeting summary for Task 3.6 on tab 3.0 Project General Task of the staff hour forms. Staff hours for other personnel attending Activity Technical Meetings are included in the meeting task for that specific Activity. 4 ROADWAY ANALYSIS The CONSULT ANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 4.1 Typical Section Package The CONSULTANT shall provide an approved Typical Section Package prior to the Phase I plans submittal date. 4.4 HorizontallVertical Master Design Files The CONSULT ANT shall design the geometrics using the design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management, PD&E documents and scope of work. 4.5 Cross Section Design Files The CONSULTANT shall establish and develop cross section design files in accordance with the CADD manual. 4.6 Traffic Control Analysis The CONSULTANT shall design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses, routing, signing and pavement markings, and detour quantity tabulations. Special consideration shall be given to the construction of the drainage system when developing the construction phases. Positive drainage must be maintained at all times. The design shall include construction phasing of roadways to accommodate the construction of utilities when the contract includes Joint Project Agreements (JP As). The CONSULTANT shall investigate the need for temporary traffic signals, temporary lighting, alternate detour roads, and the use of materials such as sheet piling in the analysis. The Traffic Control Plan shall be prepared by a certified designer who has completed training as required by the DEPARTMENT. Prior to proceeding with the Traffic Control Plan, the CONSULTANT shall meet with the appropriate COUNTY personnel. The purpose of this meeting is to provide 7/5/2006 A- 17 Angle Road Sidewalk Project information to the CONSULT ANT that will better coordinate the Preliminary and Final Traffic Control Plan efforts. 4.9 Design Report The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description section of this scope. The CONSULTANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans. The design notes, data, and computations shall be recorded on size 8 Y:z "x 1 1 " sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8W'xll" size. The data shall be in a hardback folder for submittal to the COUNTY. 4.10 Computation Book and Quantities The CONSULTANT shall prepare the Computation Book and various summary of quantities sheets. This includes all efforts required to develop the Computation Book and the supporting documentation, including construction days when required. 4.11 Cost Estimate 4.14 Field Reviews 4.16 Quality Assurance/Quality Control 4.18 Supervision 4.19 Coordination 5 ROADWAY PLANS The CONSULT ANT shall prepare Roadway, Drainage, Traffic Control, Utility Adjustment Sheets, plan sheets, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. 5.1 Key Sheet 5.2 Summary of Pay Items 5.3 Drainage Map 5.5 Typical Section Sheets 5.6 General Notes/Pay Item Notes 5.7 Summary of Quantities 5.10 Summary of Drainage Structures 7/5/2006 A- 18 Angle Road Sidewalk Project 5.15 Plan Sheet 5.17 Back of Sidewalk Profile Sheet 5.22 Drainage Structure Sheet 5.29 Roadway Soil Survey Sheet 5.30 Cross Sections 5.33 Traffic Control Detail Sheets 5.34 Utility Adjustment Sheets 5.35 Selective Clearing and Grubbing 5.41 Quality Assurance/Quality Control 5.42 Supervision 6 DRAINAGE ANALYSIS The CONSULTANT shall analyze and document Drainage Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The CONSULTANT shall be responsible for designing a drainage and stormwater management system. All design work shall comply with the requirements of the appropriate regulatory agencies and the DEPARTMENT's Drainage Manual. The CONSULTANT shall coordinate fully with the appropriate permitting agencies and the COUNTY's staff. All activities and submittals should be coordinated through the COUNTY's Project Manager. The work will include the engineering analyses for any or all of the following: 6.9 Design of Storm Drains Develop a "working drainage map", determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design Tailwater and, if necessary, outlet scour protection. 6.13 Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions. 6.16 Cost Estimate 6.19 Field Reviews 6.20 Technical Meetings 6.21 Quality Assurance/Quality Control 7/5/2006 A- 19 Angle Road Sidewalk Project 6.23 Supervision 6.24 Coordination 7 UTILITIES The CONSULTANT shall identify utility facilities and secure utility work schedules, and plans ITom the Utility Agency Owners (VAO) ensuring no conflicts exist between utility facilities and the COUNTY's construction project. The CONSULTANT shall certify all utility negotiations have been completed with arrangements made for utility work to be undertaken. 7.1 Kickoff Meeting Prior to any contact with the UAO(s), the CONSULTANT shall meet with the COUNTY and shall bring a copy ofthe design project work schedule reflecting utility activities. 7.2 Identify Existing UAO(s) Identify all utilities in the corridor; Sunshine State One Call, any Subsurface Utility Engineering (SUE) Report, Design Location Survey, and Existing Plans. 7.3 Make Utility Contacts First Contact: Send letters and two sets of plans to each utility, one set for the utility office, one set each to construction and maintenance if required. Includes contact by phone for meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions. Include the meeting schedule (if applicable) and the design schedule. Include typical meeting agenda. Second Contact: At a minimum of 4 weeks prior to the meeting, the CONSULT ANT shall transmit two complete sets of 60% Plans to each UAO having facilities located within the project limits. Third Contact: Identify agreements and assemble packages. Send agreements, letters and two sets of90% Plans to the UAO(s) including all component sets. Include the design schedule. Not all projects will have all contacts as described above. 7.5 Preliminary Utility Meeting The CONSULT ANT shall schedule (time and place), notify participants, and conduct a preliminary utility meeting with all affected UAO(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by County's contractor option with each utility, and discuss any future design issues that may impact utilities. This is also an opportunity for the UAO(s) to present proposed facilities. The CONSULTANT shall keep accurate minutes and distribute a copy to all attendees. 7/5/2006 A-20 Angle Road Sidewalk Project 7.6 Individual/Field Meetings The CONSULTANT shall meet with each UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAO(s) plans and work schedules. 7.7 Collect and Review Plans and Data from UAO(s) Make Determinations (Compensable Interest, Easements, Coordinate, Analyze). Ensure information (utility type, material and size) is sent to the UAO for inclusion in the plans. 7.8 Su bordination of Easements Coordination The CONSULT ANT, if requested by the COUNTY, shall transmit to and secure from the UAO the executed subordination agreements prepared by the COUNTY. 7.9 Utility Design Meeting At a minimum of 4 weeks prior to the meeting, the CONSULTANT shall transmit two complete sets of90% Plans to each UAO having facilities located within the project limits. The CONSULT ANT shall schedule (time and place), notify participants, and conduct a Utility meeting with all affected UAO(s). The CONSULTANT shall be prepared to the bridge location and foundation, maintenance of traffic (construction phasing), review the current design schedule and letting date, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, discuss any future design issues that may impact utilities, etc., to the extent that they may have an effect on existing or proposed utility facilities with particular emphasis on drainage and maintenance oftraffic with each UAO. The intent of this meeting shall be to identify and resolve conflicts between utilities and proposed construction prior to completion ofthe plans, including utility adjustment details. Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULT ANT shall keep accurate minutes of all meetings and distribute a copy to all attendees. 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements Review utility marked up plans individually as they are received for content. Send color markups and schedules to the COUNTY for review if required. 7.11 Utility Coordination/Followup This includes follow-up, interpreting plans, and assisting and the completion ofthe UAO(s) work schedule. Includes phone calls, face-to-face meetings, etc., to motivate and ensure the UAO(s) complete and return the required documents in accordance with the project schedule. Ensure the resolution of all known conflicts. This task can be applied to all phases of the project. 7/5/2006 A- 21 Angle Road Sidewalk Project 7.12 Utility Constructability Review Review utility schedules against construction contract time, and phasing for compatibility. 7.13 Additional Utility Services Preparation and coordination of Utility Design Plans when the COUNTY participates in cost of utility work. This item is not usually included in the scope at the time of negotiation. It is normally added as a supplemental agreement when the need is identified. 7.14 Processing Utility Work by Highway Contractor (UWHC) - N/A 7.15 Contract Plans to UAO(s) This includes transmittal ofthe contract plans as processed for letting. Transmittals to UAO(s) are by certified mail, return receipt requested. 7.16 Certification/Close-Out The CONSULTANT shall certify to the COUNTY the following: All utility negotiations (approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. 8 ENVIRONMENTAL PERMITS The CONSULTANT shall notify the COUNTY Project Manager in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULTANT shall copy in the Project Manager on all permit related correspondence and meetings. 8.1 Preliminary Project Research The CONSULTANT shall perform preliminary project research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies to assure that design efforts are properly directed toward permit requirements. 8.5 Complete and Submit All Required Permit Applications The CONSULTANT shall prepare permit packages as identified in the Project Description section. The CONSULTANT shall collect all of the data and information necessary to obtain the environmental permits required to construct a project. The CONSULTANT shall prepare each permit application for COUNTY approval in accordance with the rules and/or regulations of the environmental agency responsible for issuing a specific permit and/or authorization to perform work. 8.6 Prepare Dredge and Fill Sketches 7/5/2006 A-22 Angle Road Sidewalk Project 8.16 Technical Meetings 8.17 Quality Assurance/Quality Control 8.18 Supervision 8.19 Coordination 19 SIGNING AND PAVEMENT MARKING ANALYSIS The CONSULT ANT shall analyze and document Signing and Pavement Markings Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 19.1 Traffic Data Analysis The CONSULTANT shall review the approved preliminary engineering report, typical section package, traffic technical memorandum and proposed geometric design alignment to identify proposed sign placements and roadway driveway markings. 19.3 Reference and Master Design File The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary design elements and all associated reference files. 19.7 Quantities 19.8 Computation Book 19.9 Cost Estimates 19.11 Other Signing and Pavement Marking Analysis 19.12 Field Reviews 19.13 Technical Meetings 19.14 Quality Assurance/Quality Control 19.16 Supervision 19.17 Coordination 20 SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following. 20.1 Key Sheet 20.3 Tabulation of Quantities 7/5/2006 A-23 Angle Road Sidewalk Project 20.4 General Notes/Pay Item Notes 20.6 Plan Sheet 20.7 Typical Details 20.13 Interim Standards 20.14 Quality Assurance/Quality Control 20.15 Supervision 21 SIGNALIZATION ANALYSIS The CONSULTANT shall analyze and document Signalization Analysis Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 21.1 Traffic Data Collection The CONSULTANT shall coordinate all data collection with S1. Lucie County's Traffic Engineer. 21.2 Traffic Data Analysis The CONSULTANT shall determine signal operation plan, intersection geometry, local signal timings, pre-emption phasing & timings, forecasting traffic, and intersection analysis run. 21.4 Systems Timings The CONSULTANT shall determine proper coordination timing plans including splits, force offs, offsets, and preparation of Time Space Diagram. 21.5 Reference and Master Signalization Design File The CONSULTANT shall prepare the Signalization Design file to include all necessary design elements and all associated reference files. 21.7 Overhead Street Name Sign Design The CONSULTANT shall design Signal Mounted Overhead Street Name signs. 21.8 Pole Elevation Analysis 21.10 Quantities 21.11 Cost Estimate 21.13 Field Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include, but is not limited to, the following: Existing Intersection and Pedestrian Phasing 7/5/2006 A-24 Angle Road Sidewalk Project . Type of Detection as Compared With Current County Standards . Controller Timing Data 21.14 Technical Meetings 21.15 Quality Assurance/Quality Control 21.17 Supervision 21.18 Coordination 22 SIGNALIZATION PLANS The CONSULTANT shall prepare a set of Signalization Plans in accordance with the Plans Preparation Manual, which includes the following. 22.1 Key Sheet 22.2 Summary of Pay Items 22.3 Tabulation of Quantities 22.4 General Notes/Pay Item Notes 22.5 Plan Sheet 22.7 Traffic Monitoring Site 22.8 Guide Sign Worksheet 22.9 Special Details 22.11 Mast Arm/Monotube Tabulation Sheet 22.15 Utility Conflict Sheet 22.16 Interim Standards 22.17 Quality Assurance/Quality Control 22.18 Supervision 27 SURVEY The CONSULTANT shall perform survey tasks in accordance with all applicable statutes, manuals, guidelines, standards, handbooks, procedures, and current design memoranda. The CONSULTANT shall submit all survey notes and computations to document the surveys. All field survey work shall be recorded in approved media and submitted to the COUNTY. Field books submitted to the COUNTY must be of an approved type. The field books shall be certified by the surveyor in 7/5/2006 A-25 Angle Road Sidewalk Project responsible charge of work being performed before the final product is submitted. The survey notes shall include documentation of decisions reached from meetings, telephone conversations or site visits. All like work (such as bench lines, reference points, etc.) shall be recorded contiguously. The COUNTY may not accept field survey radial locations of section corners, platted subdivision lot and block corners, alignment control points, alignment control reference points and certified section corner references. The COUNTY may instead require that these points be surveyed by true line, traverse or parallel offset. 27.1 Horizontal Project Network Control (HPNC) Establish or recover HPNC, for the purpose of establishing horizontal control on the Florida State Plane Coordinate System or datum approved by the District Location Surveyor (DLS); may include primary or secondary control points. Includes analysis and processing of all field collected data, and preparation of forms. 27.2 Vertical Project Network Control (VPNC) Establish or recover VPNC, for the purpose of establishing vertical control on datum approved by the District Location Surveyor (DLS); may include primary or secondary vertical control points. Includes analysis and process ing of all field collected data, and preparation of forms. 27.3 Alignment and/or Existing Right of Way Lines Establish, recover or re-establish project alignment. Also includes analysis and processing of all field collected data, existing maps, and/or reports for identifying mainline, ramp, offset, or secondary alignments. Depict alignment and/or existing R/W lines (in required format) per FDOT R/W Maps, platted or dedicated rights of way. 27.5 Reference Points Reference HPNC points, project alignment, vertical control points, section, Y4 section, center of section corners and G.L.O. corners as required. 27.7 Digital Terrain Model (DTM) Loc~te all above ground features and improvements for the limits of the project by collecting the reqUIred da~a for the p~rpose of creatin? a DTM ~ith sufficient density. Shoot all break lines, high an~ l?w pomts. Effort lOcludes field edits, analysis and processing of all field collected data, eXistlOg maps, and/or reports. 27.10 Utilities Designation includes 2-dimensional collection of existing utilities. Includes analysis and processing of all field collected data, and delivery of all appropriate electronic files. 27.27 Work Zone Safety Provide work zone as required by FDOT standards. 27.31 Field Review Perform verification of the field conditions as related to the collected survey data. 7/5/2006 A-26 Angle Road Sidewalk Project 27.32 Technical Meetings Attend meetings as required and negotiated by the Surveying and Mapping Department. 27.33 Quality ControVQuality Assurance Establish and implement a QAQC plan. Also includes sub consultant review, response to comments and any resolution meetings if required, preparation of submittals for review, etc. 27.34 Supervision Perform all activities required to supervise and coordinate project. These activities must be performed by the project supervisor, a Florida Professional Surveyor. 27.35 Coordination 30 GEOTECHNICAL The CONSULTANT shall, be responsible for a complete geotechnical investigation. All work performed by the CONSULTANT shall be in accordance with FOOT standards, or as otherwise directed by the COUNTY. Prior to beginning each phase of investigation and after the Notice to Proceed is given, the CONSULTANT shall submit investigation plan for approval and meet with the COUNTY to review the project scope and COUNTY requirements. The investigation plan shall include, but not be limited to, the proposed boring locations and depths, and all existing geotechnical information from available sources to generally describe the surface and subsurface conditions of the project site. Additional meetings may be required to plan any additional field efforts, review plans, resolve plans/report comments, resolve responses to comments, and/or any other meetings necessary to facilitate the project. The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend all related meetings and field activities. 30.1 Document Collection and Review CONSUL T ANT will review printed literature including topographic maps, county agricultural maps, aerial photography (including historic photos), ground water resources, geology bulletins, potentiometric maps, pile driving records, historic construction records and other geotechnical related resources. Prior to field reconnaissance, CONSULTANT shall review u.s.a.s., N.R.C.S. and potentiometric maps, and identify areas with problematic soil and groundwater conditions. Structures The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities. The CONSULTANT shall retain all samples until acceptance of Final plans. All laboratory testing and classification will be performed in accordance with applicable FOOT standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents. 7/5/2006 A- 27 Angle Road Sidewalk Project The staff hour tasks for high embankment fills and structural foundations for bridges, box culverts, walls, high-mast lighting, overhead signs, mast arm signals, strain poles, buildings, and other structures include the following: 30.24 Detailed Boring Location Plan Develop a detailed boring location plan. Meet with COUNTY for boring plan approval. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole to the COUNTY for approval prior to commencing with the boring program. 30.25 Stake Borings/Utility Clearance Stake borings and obtain utility clearance. 30.26 MOT Plans for Field Investigation Coordinate and develop MOT plan. All work zone traffic control will be performed in accordance with the FDOT's Roadway and Traffic Design Standards Index 600 series. 30.27 Drilling Access Permits Obtain all State, County, City, and Water Management District permits for performing geotechnical borings, as needed. 30.28 Property Clearances Notify property tenants in person of drilling and field activities, if applicable. Written notification to property owners/tenants is the responsibility of the COUNTY. 30.29 Collection of Corrosion Samples Collect corrosion samples for determination of environmental classifications. 30.30 Coordination ofField Work Coordinate all field work required to provide geotechnical data for the project. 30.32 Tabulation of Laboratory Data Laboratory test results should be tabulated for inclusion in the geotechnical report and for the necessary calculations and analyses. 30.40 Soil Parameters for Signs, Signals, High Mast Lights, and Strain Poles and Geotechnical Recommendations Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design. Review design for geotechnical compatibility and constructability. 30.44 Final Reports - Signs, Signals, Box Culvert, Walls, and High Mast Lights The final reports shall include the following: 7/5/2006 A-28 Angle Road Sidewalk Project · Copies ofU.S.G.S. and N.R.C.S. maps with project limits shown. · Summary of structure background data, NRCS, USGS, geologic and potentiometric data. · The results of all tasks discussed in the previous section (Data Interpretation and Analysis). · Recommendations for foundation installation, or other site preparation soils-related construction considerations with plan sheets as necessary. · Any special provisions required for construction that are not addressed in the FDOT's Standard specification. · An Appendix which includes SPT and CPT boring/sounding profiles, data from any specialized field tests, engineering analysis, notes/sample calculations, and any other pertinent information. · Final reports will incorporate comments from the COUNTY and contain any additional field or laboratory test results, recommended foundation alternatives along with design parameters and special provisions for the contract plans. · All original plan sheets (11" x 17") · One set of all plan and specification documents, in electronic format, (AUTOCAD and MicroStation) according to COUNTY requirements · Two sets of record prints · Six sets of any special provisions · All reference and support documentation used in preparation of contract plans package Additional final reports (up to four), aside from stated above, may be needed and requested for the COUNTY's Project Manager and other disciplines. The final reports, special provisions, as well as record prints, will be signed and sealed by a Professional Engineer registered in the State of Florida. Draft the detailed boring/sounding standard sheet, including environmental classification, results of laboratory testing, and specialized construction requirements, for inclusion in final plans. 30.45 Drafting Prepare a complete set of drawings to include all SPT borings, auger borings and other pertinent soils information in the plans. Include these drawings in the Final Geotechnical Report. Draft borings, location map, N.R.C.S. map and U.S.D.A. map as directed by the COUNTY. Soil symbols must be consistent with those presented in the latest Florida Department of Transportation Soils and Foundations Handbook. 30.48 Field Reviews Identify and note surface soil and rock conditions, surface water conditions and locations, and preliminary utility conflicts. Observe and note nearby structures and foundation types. 30.49 Technical Meetings 30.50 Quality Assurance/Quality Control 30.51 Supervision 30.52 Coordination 7/5/2006 A-29 Angle Road Sidewalk Project 33 PROJECT REQUIREMENTS 33.2 Key Personnel The CONSULTANT's work shall be performed and directed by the key personnel identified by the CONS UL T ANT. Any changes in the indicated personnel shall be subject to review and approval by COUNTY. 33.3 Progress Reporting The CONSULTANT shall meet with the COUNTY as required to describe the work performed on each task. 33.4 Correspondence Copies of all written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. 33.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal all reports, documents, and plans as required by COUNTY standards. 33.6 Computer Automation The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems. 34 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted to the COUNTY, in a format prescribed by the COUNTY. The COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the COUNTY. 7/5/2006 A-30 Angle Road Sidewalk Project - m en W o >...J 0::< ~~ C)o. zO _0:: 0::0. Ww Ww ~u.. 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Ü I I I <] I> c o +:i CV N =ca cv"C C .¡: mo ëñu:: o oð ~ ~ JII::~ .c -... ._ CV:1 .£: ~o >< (1)0 w :2(1) (/) ·ü "C:1 cv.J o . ~èñ (I) - C) c <C ~ o 0::: <{ :E N 8 o W o co N o <0 C> z ¡¡; en W o o 0::: !l. I- ~ 0::: W !l. <O~<O<O 0000 -10:::....1-1 ::)!l.::)::) ci~ci;rl<{ ......0......0...... o E ui E .!!! II) en ~ Q) > ro E -c: !l. © Q¡ Q) .c BroSQ)E ca~ro-::J 't:I 't:Iroc: t::~g~Q) t3~8æ~ o <0 <0 N o <{ . ~ o N ~ N o <{ AGENDA REQUEST ITEM NO. C- 5 DATE: July 18, 2006 REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X) IQ.:. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: AIRPORT DIANA LEWIS, DIRECTOR SUBJECT: Adopt Resolution 06-220 approving the 2007 Disadvantaged Business Enterprise Plan for the Airport, authorize the Airport Director to submit the Program to the FAA Civil Rights Office, and advertise for public comments on the goal determination BACKGROUND: As a condition of the acceptance of Federal grants for Airport projects, the County is required to have a Disadvantaged Business Enterprise (DBE) Program. The County had previously adopted a DBE Program on February 26, 2002, which included the identification of the Director of Purchasing as the DBE Liaison Officer. Since the Airport is unique in dealing with Federal Aviation Administration (FAA) and state aviation grants, it was determined after coordination with the Purchasing Director, Community Services Director, and the County Attorney's Office that the Airport Director would better serve as the DBE Liaison Officer for Airport projects. The Purchasing Director would remain the DBE Liaison Officer for all other County Departments. On May 28,2006, the Board passed Resolution 06-178 approving the 2006 DBE Plan for the Airport. The DBE Plan for 2007 must now be approved and advertised for comments. A goal of 12.8% was determined for the federally funded projects in next fiscal year's funding program. This goal is based on specific projects and the availability of qualified DBEs in the FDOT program. This goal has to be published in local newspapers and a minority publication (Florida Courier) with a statement that the determination of the goal can be inspected at the Airport. Comments on how the goal was determined may be received for 45 days after this notice is published. The Program must also be sent to the FAA Civil Rights Office for their review and approval. A report on the Airport's success in meeting the goal is also required annually. FUNDS AVAILABLE: Not applicable PREVIOUS ACTION: The Board adopted the Resolution 02-78 for implementing a County DBE program on February 26,2002, and adopted Resolution 06-178 on May 28,2006, for implementing the 2006 DBE plan for the St. Lucie County International Airport. RECOMMENDATION: Adopt Resolution 06-220 approving the 2007 DBE Program for the Airport; transmit the 2007 DBE Program to the FAA Civil Rights Office for review and approval; and advertise the 12.8% goal in newspapers to receive comments on the goal and the goal determination as required by the FAA Civil Rights Office. COMMISSION ACTION: ~ APPROVED () DENIED ( ) OTHER Approved 5-0 - Coordination/Sianatures County Attorney () '!~;2 Mgt & Budget ( ) Originating Dept. ~¡<,,- l' Other ( ) Finance: (check for cópy, only if app ¡cable)_ DOUG DERSON COUNTY ADMINISTRATOR Purchasing ( )~ Other ( ) BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: July 7, 2006 Re: Adopt Resolution 06-220 approving the 2007 Disadvantaged Business Enterprise Plan for the Airport, authorize the Airport Director to submit the Program to the FAA Civil Rights Office, and advertise for public comments on the establishment of the goal, ***************************************************************************************************************** As a condition of the acceptance of Federal Aviation Administration grants for Airport projects, the County is required to have a Disadvantaged Business Enterprise (DBE) Plan in place. The County had previously adopted a DBE Program on February 26, 2002, which included the identification of the Director of Purchasing as the DBE Liaison Officer. Since the Airport is unique in dealing with Federal Aviation Administration (FAA) and state aviation grants, it was determined after coordination with the Purchasing Director, Community Services Director and the County Attorney's Office that the Airport Director would better serve as the DBE Liaison Officer for Airport projects. The Purchasing Director would remain the DBE Liaison Officer for all other County Departments. An updated DBE program was prepared with the above change noted and was approved by the Board on May 28, 2006. This request is to approve the SDBE Program for 2007 which includes a goal of 12.8%. This percentage was determined based on the federally funded projects in next fiscal year's funding program. This goal is based on specific projects on availability of qualified DBEs in the FOOT program. This goal has to be published in local newspapers and a minority publication (Florida Courier) with a statement that how the goal was determined can be inspected at the Airport. There is a 45-day comment period on the goal and the goal determination after this notice is published. The Program must also be sent to the FAA Civil Rights Office for their review and approval. Staff recommends that the Board adopt Resolution 06-2200 approving the 2007 DBE Program for the Airport; transmit the DBE Program to the FAA Civil Rights Office for review and approval; and advertise the 12.8% goal in newspapers to receive comments on the goal and the goal determination as required by the FAA Civil Rights Office. RESOLUTION NO. 06-220 A RESOLUTION APPROVING THE 2007 DISADV ANT AGED BUSINESS ENTERPRISES ("DBE") PLAN FOR THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT, AUTHORIZING THE SUBMISSION OF THE 2007 DBE PLAN TO THE FEDERAL AVIATION ADMINISTRATION CIVIL RIGHTS OFFICE FOR REVIEW AND APPROVAL, AND AUTHORIZING PUBLICATION OF THE 2007 DBE GOAL FOR REVIEW AND COMMENT WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. Pursuant to 49 CFR Section 26.21, entities who receive funding from the United States Department of Transportation ("DOT") through the Federal Highway Administration, Federal Transit Administration, and/or the Federal Aviation Administration at or above specified levels and let DOT -assisted contracts are required to adopt Disadvantaged Business Enterprise ("DBE") Programs in accordance with the provision of 49 CFR Part 26. 2. In accordance with 49 CFR Section 26.21, the County is required to adopt a disadvantaged business enterprise ("DBE") program for such federally assisted projects to ensure that DBEs have an equal opportunity to receive and participate in DOT -assisted contracts in S1. Lucie County. 3. On February 26,2002, the Board adopted Resolution No. 02-78 which established a DBE Program in accordance with 49 CFR Section 26.21. 4. The County receives significant funding from the Federal Aviation Administration and State of Florida Department of Transportation for the S1. Lucie County International Airport. 5. On May 23, 2006, the Board adopted Resolution No. 06-178 which amended the DBE Program to identify the Airport Director as the DBE Liaison Officer for projects at the St. Lucie County International Airport. 6. Pursuant to 49 CFR 26.21 and the adopted S1. Lucie County DBE Program, it is necessary to approve a 2007 DBE Plan for the S1. Lucie County International Airport. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1 1. This Board hereby approves and adopts the amendments to the 2007 DBE Program for the St. Lucie County International Airport, a copy of which is attached hereto and incorporated herein as Exhibit "A." 2. This Board directs the County Administrator to submit the 2007 DBE Program for the St. Lucie County International Airport to the Federal Aviation Administration Civil Rights Office for review and approval. 3. This Board further directs the County Administrator to publish notice of the 2007 DBE Program goal for the St. Lucie County International Airport for the purpose of public review and comment. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XX Vice Chairman Chris Craft XX Commissioner Paula A. Lewis XX Commissioner Joseph Smith XX Commissioner Frannie Hutchinson XX PASSED AND DULY ADOPTED this XX day of XX, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY g:\atty\resoltn \2006\06-220.wpd 2 FY 2007 FEDERAL DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE St Lucie County International Airport St Lucie County, Florida JUNE 1, 2006 TABLE OF CONTENTS Introduction...............··....· ........... ;................. ....... .................... ............... ......... ..;....... ............... 1 Definitions of Terms........................ .... .... ................................................... ............ ................... 2 Objectives I Policy Statement.... .............. ................................................... .............................. 2 Non-Discrimination.......................· ..................................... .................. ...... ............ ............. ...... 3 Federal Financial Assistance Agreement Assurance................... .............. .... ............ ............... 3 Contract Assurance..............................····....···..···............····..··....··........··......·..·......·..·..··......··· 4 DBE Program Updates............................··....···..·..·..·..··..........·· ......... ...... ........... ......... ........ ..... DBE Liaison Officer (DBELO) ................................................................................................... 4 4 Directory ................................................................................................................................ 6 Overconcentration ..................... ................................................................................................ 6 Monitoring and Enforcement Mechanisms ............................................. ........... ........................ 6 Quotas ................................................................................................................................ 7 Overall Goals...........................................................................·· ......................... ...................... 7 Contract Goals......................................................................··..··..··..··..··..····......···....·····..····.... 12 Good Faith Efforts................. ........................................................................................... ......... 13 Information Collection and Reporting.................... ...................................... .............. ................ 14 Counting DBE Participation................................................................ .......................... ............. 17 Certification .......... ............................. .......................... ............. .......... ...... .................. ............... 17 Unified Certification Program ......... ............................................... ...................... ................ ...... 17 Certification Appeals...............................................................·....············································· 18 Appendicies .............................................................................. ......................... ........... ............ 19 DBE Plan - St Lucie County Florida State Airports Federal Fiscal Year 2007 Introduction The St Lucie County which operates St Lucie County International Airport, located in the State of Florida, has developed this DBE Plan for Construction, Equipment Procurement and Professional Service Contracts in accordance with regulations of the United States Department of Transportation (DOT) 49 CFR Part 26, "Participation by Disadvantaged Business Enterprise in DOT Programs" (hereinafter referred to as Part 26). The St Lucie County has received several grants for development at this airport located in the State of Florida under the Airport Improvement Program (AlP) and as a condition of the grant agreement; ST LUCIE COUNTY INTERNATIONAL AIRPORT signed an assurance that it will comply with the provisions of Part 26. All reference sections indicated within the body of this document are directly correlated to the subsections found in Part 26. DBE Plan - St Lucie County Florida State Airports Federal Fiscal Year -2007 1 Definitions of Terms Document The terms used in this program have the meanings defined in 49 CFR 26.5. Obiectives/Policv Statement (26.1. 26.23) The St Lucie County International Airport has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOn, ~9 CFR Part 26. The Airport has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the Airport has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the St Lucie County International Airport to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in DOT-assisted c~mtracts. It is also our policy; 1. To ensure nondiscrimination in the award and administration of DOT assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; and 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Airport Director of the St Lucie County International Airport has been designated as the DBE Liaison Officer for the Airport. In that capacity, the Airport Director is responsible for implementing all aspects of the DBE program associated with Federally Funded projects at the airport. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the Airport in its financial assistance agreements with the Department of Transportation. The Airport has disseminated this policy statement to the Board of County Commissioners. We will participate as a non-certifying member in the State Unified Certification Plan; publish notice of this policy; work with prime contractors to identify DBE participation opportunities in appropriate trades; and will otherwise distribute this policy statement to DBE and non-DBE businesses that perform work for us on DOT-assisted contracts. Diana Lewis ME, Airport Director (Date) DBE Plan - St Lucie County Florida State Airports Federal Fiscal Year -2007 2 Nondiscrimination. (26.7} The Airport will not exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the Airport will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex or national origin. ReDortina to DOT (26.11 & 26.37} The Airport will report DBE participation to DOT as follows: The Airport will submit annually DOT Form 4630, as modified for use by FAA recipients. Federal Financial Assistance Aareement Assurance (26.13} The St Lucie County International Airport has signed the following assurance, applicable to all DOT- assisted contracts and their administration: The Airport shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT assisted contract or in the administration of its DBE Program or the requirements of 49 CFR part 26. The St Lucie County shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT assisted contracts. The Airport's DBE Program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Airport of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). DBE Plan - St Lucie County International Airport .St Lucie County, Florida Federal Fiscal Year -2007 3 Required Contract Clauses (26.13 -16.29 Contract Assurance (26.13} The St Lucie County International Airport will ensure that the following clause is placed in every DOT- assisted contract and subcontract: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. DeE Proaram Updates (26.21} The 8t Lucie County International Airport will continue to carry out this program until all funds from DOT financial assistance have been expended. We will provide to DOT updates representing significant changes in the program. DeE Liaison Officer (DeELO) (26.25} The St Lucie County Board of County Commissioners has designated the following individual as its DBE Liaison Officer for the 8t Lucie County International Airport. Diana D. Lewis, ME Airport Director St. Lucie County InternationalAirport 3000 Curtis King Boulevard Ft. Pierce, FL 34946 Phone: (772) 462-1732 Fax: (772)462-1718 Email: LewisD@stlucieco.gov In this capacity, Diana Lewis is responsible for implementing all aspects of the DBE program and ensuring that the Airport complies with all provisions of 49 CFR Part 26. Diana Lewis is the Airport Director empowered to act concerning DBE program matters. An organization chart displaying the DBELO's position in the organization is found in Appendix 1 to this program. The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination with other appropriate officials. Duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required by DOT; 2. Reviews third party contracts and purchase requisitions for compliance with this program; 3. Assists in setting overall annual goals; 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner; 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race-neutral methods and contract specific goals) and monitors results; DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 4 6. Analyzes the St Lucie County International Airport's progress toward goal attainment and assists in ways to improve progress; 7. Ensures participation in pre-bid meetings by appropriate Airport personnel; 8. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance; 9. Provides outreach to DBEs and community organizations to advise them of opportunities; 10. Maintains the Airport's bidders lists to include DBEs; 11. Provides DBE and MBE/WBE participation report forms to the state and the FAA. PromDt Payment (26.35\ We will include the following clause in each DOT-assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contractor receives from the Airport. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause. This clause applies to both DBE and non-DBE subcontractors. 5 DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 Directory (26.31) The St Lucie County is a non-certifying member of the Florida UCP. The County will use the DBE Directory from the FOOT web site as its official DBE Directory. The State of Florida Department of Transportation; Office of Equal Opportunity maintains a directory identifying all firms that are eligible to participate as DBEs in federally funded contracts. The directory lists the firm's name, address, and phone number, county they will perform work in, and the type of work the firm has been certified to perform as a DBE. An updated directory may be obtained at httD:/Iwww11.mvflorida,com/eaualoDDortunitvoffice or upon written request to the ST LUCIE COUNTY INTERNATIONAL AIRPORT DBELO. Diana D. Lewis, AAE Airport Director St. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, FL 34946 Phone: (772) 462-1732 Fax: (772)462-1718 Email: LewisD@stlucieco.gov Over Concentration (26.33) The St Lucie County International Airport has not identified an over concentration of DBE firms in required service specialty areas. Mentor-Protéaé Proaram (26.35) To date the Airport has not established a program element addressing Business Development Programs. Monitorina and Enforcement Mechanisms (26.37) The Airport will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.109. The Airport will also consider similar action under its own legal authorities, including responsibility determinations in future contracts. The Airport will consider all available and appropriate legal remedies that include, but are not limited to, liquidated damages provisions, suspension and/or termination of contracts, and debarment, depending on the non-compliance issue. DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 6 Monitorina Pavment to DBE's (26.37) The St Lucie County International Airport requires prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. Any authorized . representative of the St Lucie County International Airport or DOT will make these records available for inspection upon request. This reporting requirement also extends to any certified DBE subcontractor. The Airport will keep a running tally of actual payments to DBE firms for work committed to them at the time of contract award. The St Lucie County International Airport will perform interim audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure the actual amount paid to DBE subcontractors equals the amount reported. Overall Goals (26.41) Quotas (26.43) St Lucie County International Airport does not use quotas in any way in the administration of this DBE program. Amount of Goal (26.45) The Airport's overall goal for its FY 2007 is 12.8% of the federal financial assistance we will expend in DOT-assisted contracts. The overall goal is applicable to all DOT-assisted contracts, including contracts for construction, professional services and equipment. ST LUCIE COUNTY INTERNATIONAL AIRPORT anticipates the letting of DOT-assisted contracts totaling $2,836,397.00 during FY 2006 based on the approved Airport Capital Improvement Program (ACIP) on file with the FAA/FOOT. (See break-out below) Based on this amount, the expected value of work by DBE's on the FY 2006 projects that are to be fully or partially funded with federal funds shall be $363,058.82 (0.128 x $2,836,397.00). Method The following is a summary of the method used to calculate this goal: Establishing the overall goal includes a two-step process in which a base goal is calculated and then is consequently adjusted. For the first step, determination of the base goal, Example 1 from Section 26.45 was followed. The number of available DBE's that are listed as willing to perform work in St Lucie County for construction/professional services work was derived from the State of Florida Department of Transportation, Office of Equal Opportunity directory. A further review of firms was made to determine which of the firms that can be used on the programmed Airport-related consulting and construction contracts. The determination was based on review of the Airport's Bidders Lists, FOOT DBE directory and discussions with contractors on the firm's capabilities. DSE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 7 Following is a list of projects in which ST LUCIE COUNTY INTERNATIONAL AIRPORT will receive Federal or State funds during its FY07: Project Contract Amount Construct Runway 9L-27R - Phase 2 $2,678,501.00 FPR Perimeter Security Fence $157,896.00 Total $2,836,397.00 Construction Services: Data was obtained from the State of Florida Department of Transportation, Office of Equal Opportunity directory. The data for the total firms available (denominator) and the DBE firms available (numerator) were extracted based on the Airport's "market" area in the same NAICS codes where activity will occur for the project programmed for FY 07. Market area for construction services was determined from firms that listed that they would perform work in St Lucie County. Consideration was given to what Contractors are financially able to prime a project. DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 8 The goal was then weighted based on percentage of services as follows (See Appendix 2) NAICS Percentage of Total DBEI Project Specialty Description Funded Amount Total Code Firms 23731 Hiahway-Prime 23.61% 1/19 RW 9L-27R 23731 Hiahwav - sub 70.82% 3/19 Security Fencina 550 Fence 5.57% 5/66 Therefore the weiahted methodoloav is: {.2361*1/19 + 0.7082*3/19 + 0.0557*5/66} = 12.8% SteD 2 Examination of Available Evidence to determine what adiustment if any is needed to the base fiaure We made no further adjustments to the base figure because the last disparity study completed for the State of Florida is dated 1997, and we do not have current evidence of disparities affecting the ability of DBEs to grow, form and compete. Process - aoal settina due date (26.46 (f)(1) Before establishing the overall goal each year, the Airport will consult the Florida Department of Transportation (FOOT), Bid Listing publications, contractors' organizations and other agencies to obtain information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the Airport's efforts to establish a level playing field for the participation of DBEs. Following this consultation, the Airport will publish a notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the office of the Airport for 30 days following the date of the notice, and informing the public that the Airport and DOT will accept comments on the goals for 45 days from the date of the notice. The Airport will notify the public of the comment period through the newspapers and other state publications. We also anticipate utilization of the Internet for public notification. Normally, we will issue this notice by June 1 of each year. The notice will include addresses where comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. The Airport will advertise its DBE Plan in the Fort Pierce Tribune, Port St Lucie News and the Florida Courier (Minority Publication). DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 9 LEGAL NOTICE 5T LUCIE COUNTY Disadvantaged Business Enterprise (DBE) Plan Fiscal Year 2006 Goal Statement A 12.8% percent disadvantaged business enterprise (DBE) overall utilization goal for federally funded airport improvement projects at the St Lucie County International Airport has been established f~r the. 2006 Federal fiscal year per the requirements of 49 CFR Part 26. The methodology used to derive this goal can be reviewed for thirty (30) days following the date of this notice at the Airport offices located at 3000 Curtis King Boulevard Fort Pierce, FL. 34946. Comments concerning the overall goal will be accepted for fifteen (15) days following the completion of the thirty (30) day notice period at the address provided above. All firms, both DBE and non-DBE are invited to contact the St Lucie County for information regarding bidding opportunities on federally funded airport improvement projects. ST LUCIE COUNTY INTERNATIONAL AIRPORT's overall goal submission to DOT will include a summary of information and comments received during this public participation process and our responses. ST LUCIE COUNTY INTERNATIONAL AIRPORT will begin using our overall goal on October 1 of each year, unless we have received other instructions from DOT. ST LUCIE COUNTY INTERNATIONAL AIRPORT will also construct an outreach program designed to improve upon our DBE participation rates in the future to the extent feasible. To ensure that ST LUCIE COUNTY INTERNATIONAL AIRPORT will achieve its DBE/MBE/WBE participation goals, we will take the following steps: 1. Refer Bidders to the State Unified Certification Program/Directory to obtain DBE/MBE/WBE firm listings. 2. Conduct pre-project conferences that can be attended by representatives of various State and community organizations associated with minority business enterprises, along with representatives from minority business development centers. minority contractors, majority contractors, and labor organizations. The purpose of these conferences will be to familiarize all interested parties with the specific project, its DBE/MBE/WBE objectives, schedule, applicable prevailing wage and types of work to be performed. These conferences will also afford the different groups an opportunity to identify themselves to one another. 3. Direct minority/women contractors who may not be able to qualify or not desire to bid a particular package in its entirety to provide their names to all other prospective bidders for that package as a minority contractor who has expressed an interest in bidding a portion of the work. 4. Encourage alliances between prime contractors and small minority/female contractors who do not yet have the capacity for a large prime contract. 5. Provide resources for minority firms to review plans and specifications and obtain additional information about bid packages. DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 10 6. Encourage brokers/surety firms to assist development of DBE/MBE/ WBE contractors of all levels of obtaining a bonding status. 7. Assist local banks that have made commitments to work with DBE/ MBE/WBE firms and their financing needs. 8. Regularly monitor contractors to see that they are meeting contractual obligations to minority and female firms. Part of the success of our minority and woman business participation will depend on our involvement in the counties surrounding the airports, and our involvement with the State Unified Certification Program. We will also outreach to the following organizations: · National Association for the Advancement of Colored People · National and Local Chambers of Commerce · Urban League (both national and local) · Minority Business Enterprise Magazine · Black Contractors Association · National Association of Women in Construction (NAWIC) · National Association of Minority Contractors (NAMC) DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 11 Transit Vehicles (26.49) The Airport does not anticipate the need to purchase transit vehicles. Breakout of Estimated Race-Neutral and Race-Conscious Partici The Airport will meet the maximum feasible portion of its overall goal by using race-neutral means of facilitating DBE participation. The Airport estimates that, in meeting the overall goal of 12.8%, the airport will obtain 0% from race- neutral participation and 12.8% through race-conscious measures. The airport will adjust the estimated breakout of race-neutral and race-conscious participation as needed to reflect actual DBE participation (see §26.51 (f») and will track and report race-neutral and race-conscious participation separately. For reporting purposes, race-neutral DBE participation includes, but is not necessarily limited to, the following: DBE participation through a prime contract a DBE obtains through customary competitive procurement procedures; DBE participation through a subcontract on a prime contract that does not carry a DBE goal; DBE participation on a prime contract exceeding a contract goal; and DBE participation through a subcontract from a prime contractor that did not consider a firm's DBE status in making the award. Contract Goals (26.51) The Airport will use contract goals to meet any portion of the overall goal that the Airport does not project being able to meet using race-neutral means. Race-neutral means, utilized by this airport to ensure we meet the maximum feasible portion of our overall goal include, but are not limited to, the following: 1. Advertising potential contracts in the Florida Courier, which is a local periodical that is available to DBE's and other small business to make them aware of work opportunities. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of our overall goal that is not projected to be met through the use of race-neutral means. Subsequent contracts will be monitored and adjusted accordingly should the goal be met or exceeded. The Airport will establish contract goals only on those DOT-assisted contracts that have subcontracting possibilities. We need not establish a contract goal on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work). The Airport will express our contract goals as a percentage of the Federal share of a DOT assisted contract. DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 12 Good Faith Efforts (26.53)(b) Information to be Submitted (b)(1) The Airport treats bidder/offerors' compliance with good faith efforts requirements as a matter of responsibility. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information: 1. The names and addresses of DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform. 3. The dollar amount of the participation of each DBE firm participation 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts. Demonstration of Good Faith Efforts (26.53)(aDDendix-A) The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to Part 26. The following personnel are responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsible: Diana D. Lewis, AAE Airport Director Sf. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, FL 34946 Phone: (772) 462-1732 Fax: (772)462-1718 Email: LewisD(â).stlucieco.aov The Airport will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before we commit to the performance of the contract by the bidder/offeror. DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 13 Administrative Reconsideration (26.53 (d)(1} Within 10 days of being informed by the Airport that it is not re.s~ons~ble becau~e it h.as not. documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. .Bldd~r/off~rors should make this request in writing to the Airport. The official responsible fo~ the reconsideration. ~¡II not have played any role in the original determination that the bidder/proposer did not document sufficient good faith efforts. As part of this reconsideration, the bidder/offeror will have the opportunity to provide written . documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the Airport's reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The Administrative Reconsideration Official will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. A copy of the decision will be provided to the Airport. The result of the reconsideration process is not administratively appealable to the Department of Transportation. Good Faith Efforts When a DBE is ReDlaced on a Contract (26.53} The Airport will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. We will require the prime contractor to notify the DBE Liaison Officer immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, the Airport will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the Airport's contracting officer will issue an order stopping all our part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. Information Collection and Reporting (26.53) Bidders list (26.11© & .53(b)(2} The St Lucie County International Airport will create a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on DOT-assisted contracts. The purpose of this requirement is to allow use of the bidders list approach to calculating overall goals. The bidders list will include the name, address, DBE/non-DBE status, age, and bonding capacity of firms. We will collect this information in the following ways: 1. Inclusion of a contract clause requiring prime bidders to report the name, address, type of business, and DBE non-DBE status of all firms who quote to them on subcontracted items. 2. The Airport, or their representatives, will collect the data submitted in Step 1 and collect additional information from the DBE firms, as well as non-DBE primes and subcontractors, via a direct mail survey. The additional information requested might include DBE certification information (if certified by another recipient agency), type of work performed by firm, gross annual revenues, age of firm, and the bonding capacity of the firm. A sample questionnaire follows. DBE Plan - 8tLucie County International Airport 14 8t Lucie County, Florida Federal Fiscal Year -2007 3. The Airport shall annually publish a legal notice as an invitation to DBE and non-DBE firms to obtain information regarding bidding opportunities on federally funded projects at the airport: This notice shall be done in conjunction with the annual Statement of DBE Goals. 15 DBE Plan - 5t Lucie County International Airport 5t Lucie County, Florida Federal Fiscal Year -2007 Questionnaire St Lucie County International Airport Fort Pierce, Florida As part of a recent bidform received by the St Lucie County International Airport, your firm submitted a bid or provided a price quote to another firm(s) submitting bids on a Federally1unded project. Per the requirements of49 CFR Part 26. "Participation by Disadvantaged Business Enterprises in DOT Programs ", the St Lucie County has established a DBE plan. This plan is updated annually to reflect the actual local bidding conditions and the availability of qualified firms, which are ready, able and willing to participate in Federally1unded projects at the airport. The information below will assist the Airport in maintaining an accurate directory of firms bidding, or are interested in the opportunity to participate in these projects. Please provide the following information: Name of Firm: Address: Contact Person: Phone: ( Fax: ( ) DBE Certifications (include expiration date): Type of Work Done by Firm: Age of Firm: Bonding Capacities of Firm: Max. Single Contract: Max. Aggregate: Please remit this information to: Diana D. Lewis, AAE Airport Director St. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, FL 34946 Your participation in this effort is appreciated and will help establish realistic DBE goals for future projects for St Lucie County International Airport. 16 DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 Countina DBE ParticiDation (26.55) The St Lucie County International Airport will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55. Certification (26.61 - 26.91) The State of Florida Department of Transportation Office of Equal Opportunity administers the Unified Certification Program. The St Lucie County International Airport is a non-certifying member of the Unified Certification Program (UCP) and will utilize their DBE Certification Process. Firms wishing to be certified, as a DBE Owned Business must comply with CFR 26.61-26.91 as published in the Federal Register on February 2, 1999. Those firms seeking to be qualified, as a Florida Certified DBE Owned Business should contact the following department of the State of Florida: Equal Opportunity Office Florida Department of Transportation 605 Suwannee St., MS-65 Tallahassee, FL 32399-0450 Personal Net Worth (PNWJ (26. 670(2)(b) (1 )(2) Statement of Personal Net Worth will be obtained and administered through the UCP. UCP (26.81) The St Lucie County International Airport is a non-certifying member participating in the State of Florida Department of Transportation Unified Certification Program (UCP). The UCP provides for certification and maintains an online directory. Further information can be obtained at www.11mvflorida.com/eaualoDDortunitvoffice. Re-certifications (26.83(h) The St Lucie County International Airport will utilize the UCP to determine the eligibility of firms as DBEs consistent with the standards of Subpart D. No Chanae Affidavits and Notices of Chanae (26.83(\)m All DBEs shall be required to inform the St Lucie County International Airport, in a written affidavit, of any change in its circumstances affecting its ability to meet size, disadvantaged status, ownership or control criteria of 49 CFR Part 26 or of any material changes in the information provided with the DBE's application for certification. The St Lucie County International Airport also requires all owners of all DBEs that have been certified to follow state UCP guidelines for recertification that meet the requirements of §26.830). Notification of obligations will occur from the UCP. This notification will inform DBEs that to submit the "no change" affidavit, their owners must swear or affirm that they meet all regulatory requirements of Part 26, including personal net worth. Likewise, if a firm's owner knows or should know that he or she, or the firm, fails to meet a Part 26 eligibility requirement (e.g., personal net worth), the obligation to submit a notice of change applies. 17 DSE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 Process - Remove a DBE's E/iaibilitv (26.87) The St Lucie County International Airport will follow the procedures outlined in the UCP and consistent with Section 26.87. For information about the certification process or to apply for certification, firms should contact the State of Florida Department of Transportation. DOT Certification ADDeals 26.89 Any firm or complainant may appeal the State of Florida's decision in a certification matter to DOT. Such appeals may be sent to: Department of Transportation Office of Civil Rights Certifications Appeals Branch 400 th Street, SW - Room 2104 Washington, DC 20590 The State of Florida will promptly implement any DOT certification appeal decisions affecting the eligibility of DBEs the Airport's DOT-assisted contracts. 18 DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 APPENDIX 1 ST LUCIE COUNTY INTERNATIONAL AIRPORT'S ORGANIZATION CHART 19 DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 ST. LUCIE COL"~TY ORGANIZATIONAL CHART RESIDENTS OF S- . LUCIE COUNTY BQNU) 01' COi.M'Y COMMISSION!l'lS ,.,NANCe O!PAA'I'M!!NT ,+UTHOIU11I!I I OIl TRlCTI MOSQUITO ~ OISTfUC'" I!ftOSION !)ST!'tICT !NVIP'lONMI!NT.AI. CONTI'IOL 8O'I'U> ~M11IOAI'D ~ ~'TY COM\'I5$CNI1tS SITS NJ T14 IOJ\IU) 01' lAC" 0' 'nOISI D.-o."T DISTIIIC,"S:· COUNTY ^ TTOfIH!'( COUNTY ACMINiSTAATOR MEO!A RElATIONS STAATI!GV & S!"t!CIAL P!'tOJ!!CTS ~& I!O\.ICAT:>ON FWV< PORT AIftP()Kf oeeLO COUNTY EXT1!N$!ON 0I'I'1a! PUllUC SN'Im' IJTILI"IY SI!RVIa!S PUllUC \'VOfitI'($ NA.. CON'rItO\. IN""MI. ~'N>:J\'" 0.. AIIIG.Mev W\W41"''''- \AAA,NIIW'I'!Y ItI\CIOLOG¡CÞ/,. fIV......ING Nj..... STAATION COOl CO\I~ G..øJIIING 110.00 ..>0 1111001 : IiTOII"'NA,..1I "'3'" DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 COMMIJNITY selMCI!:S veT!AAN selMCI!:S U8I'Wff selMCfS CUL T\JIW.. ""AIRS 20 APPENDIX 2 PROFESSIONAL AND CONSTRUCTION SERVICES FIRMS THAT WILL PERFORM WORK IN ST LUCIE COUNTY * Source: FOOT Disadvantaged Business Directory and Florida Airports Council for aviation architectural/engineering firms DBE Plan - 5t Lucie County International Airport 5t Lucie County, Florida Federal Fiscal Year -2007 21 AppendiX 2 Directory Summary-Firms that will perform work in st Lucie County St Lucie County International Airport FY07 tWCS . on .' TotaI·f'iI1U .. OBE'Fi.....' , .. ... 54131 Architectural-A viatlOO 31 1 54133 Desían-Aviation 3{ 3 54137 Survey Q 4 54138 Geotechnical 6 4 23622 Commercia1 Buìldinos 6 1 23711 Water, Sewer Stonn 21 1 23731 Hiahwav, Street and BridQe 19 3' 23621 Electrical-Airfield 5 1 23621 Electrical 13 3 23622 Plumbing, Heating and AC 6 1 23691 Site Preparation 16 3 550(SIC) Fencing 66 5 541512 Computer/IT 6 1 56173 landscaping 13 6 Professional 5erviœs AlE firms were taken from lhe Florida Airporis Counc:il OireCltOry -market area is the entire stale of Florida due to the speç¡al¡zatiOl1 of the services SurveylGeotechniçal market area was taken from 1he FOOT direc;OTy for firms that will work In 51 Lucie CoU!1ty Airfield Electriçal is a speoio}/ty - Firms were taken from Airfield Eklctrical projEçts across the s1aw . Ortly OM of 3 fil'lT's found are able 10 Prime - Bonding requiremems may be too high HighW<IY Stree: and Bridge Contractors was takert frOlT' 11'>e FOOT directory for firms tI13i wili work i!1 51 Lucie County and supplemen16<1 with kI'\Qwn Paving Contrac10fS lha1 ~rform work ..hroughout lhe 5ta..e DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 22 APPENDIX 3 PROFESSIONAL AND CONSTRUCTION SERVICES DBE GOAL CALCULATIONS DBE Plan - St Lucie County International Airport St Lucie County, Florida Federal Fiscal Year -2007 23 Appendix 3 f'rojeÇ\S SUmMar¡ . OOE Gon $\ L\iCÍe County 'ntem3t.on,al Airport FYO& (Oct 1 2QCG-Sept 30 2007) 'r1Ul FunoeC U.8K.ffl.ao ,,*U2S,GO 2MI'1. 52&'1\ $2.0008.116.00 70,52\1, 1579% . NIofIIbE< of DBE ~,n;.: toUl ~ f¡lQfk 11 5LCTtdöl Nul'IIW (t !lime DBE Plan - 5t Lucie County International Airport 5t Lucie County, Florida Federal Fiscal Year -2007 "57.IIK.GO 5$7'/, 7.W'JIo 12.!b""4 24 ~ AGENDA REQUEST ITEM NO: C-6 DATE: July 18, 2006 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Parks & Recreation Project Manager BACKGROUND: A Parks & Recreation Project Manager has been tentatively approved by the Board of County Commissioners for the FY 06/07 budget year. Due to the number of projects that Parks & Recreation are now managing, it is critical that a Project Manager is hired who can dedicate his/her full attention to overseeing and managing these projects. Parks & Recreation staff has met with Central Services seeking assistance; however, they are unable to assist due to the number of projects they are currently managing. Attached for review is a list of Parks & Recreation's current projects. Staff is requesting that the Board approve a (temp to perm) temporary to permanent Project Manager position for the Parks & Recreation Department. This position will ensure that the department's projects stay on schedule and are properly completed. If the Project Manager is approved in the FY 06/07 budget, the position will go from temporary to permanent. The temporary position will cost $7,800 for the remainder of the FY 05/06 and funding will come from salary savings. PREVIOUS ACTION: N/A FUNDS AVAILABLE: 001-72101-513100-700 (Temporary Salaries) RECOMMENDATION: Staff recommends approval of a (temp to perm) temporary to permanent Project Manager position for the Parks and Recreation Department. [~ APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Approved 5-0 Doug An erson County Administrator . Coordination/Siqnatures County Attorney: ""'2.1J- ¡ ~t & BUdget:¡2'lAJþ~ pu.rCh.asin;r Originating Dept: -' -r ¡--Public Works: Other:~\CþI1(.,I!i¡/./ Finance: (Check for Copy only, if applicable) LINE-TO-LINE TRANSFER REQUEST DEPARTMENT: OMB for Parks and Recreation 7/10/2006 TO: 001-72101-513100-700 Tern ora Salaries $7,800.00 $0 FROM 001-72101-512000-700 Salaries $7,800.00 $7,800.00 $80,569 ~c:; (:, it REASON FOR TRANSFER: $7,800.00 osition for the remainder CONTACT PERSON: Ron Bowman DEPARTMENTAL APPROVAL: OMB APPROVAL: 'fZ Lv 1) ADMINISTRATION APPROVAL: PHONE #: 1733 OMB NOTES: $15,600 INPUT DATE: LlNE-TO-LlNE TRANSFER #: INPUT BY: DOCUMENT #: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS POSITION REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: PARKS & RECREATION RECOMMENDED: X YES NO POSITION TITLE: PROJECT MANAGER - Temp (7/06) to Perm (1'011/06) SALARY: $40,577 JOB CODE: FTE: 1.00 BENEFITS: TOTAL BUDGET: $30,331 $70,908 PAY GRADE: PAY SCALE: 518 21 $19.50-$30.80 JUSTIFICATION: Parks & Recreation has over 25 open projects at our various facilities that we have been managing over the last several years, We have taken on a number of projects as directed by County Administration, and others in response to needs of the department. Three of the projects have been major - renovation of Tradition Field, Lakewood Regional Park, and Lawnwood Recreation Complex. We have also built a new pool, and renovated an existing one. Many of our projects are the result of the past two hurricane seasons. In addition, we have had to expand facilities and infrastructure at the Fairgrounds. Tracking these projects became so time consuming that we had to re-assign our former Parks Manager's duties to full-time project management. We wish to alleviate staff of the burden of project management so they can direct their full attention to their parks and recreation responsibilities. We also would like to have the expertise of a professional Project Manager to oversee our projects. Therefore, we are requestinga Project Manager position on a temporary basis starting immediately through October 1, 2006, when the position has been approved to become permanent. POSITION REQ#: PR001-06 ACCOUNT#: 001-72101-512000-700 JOB CODE: 518 PAY GRADE: 21 SALARY: $40,577.06 - $64,079.18 PROJECT MANAGER 11 ~() - 3D ¿?) MAJOR FUNCTION: Project Manager is responsible for the administration, management, directing and coordinating both Capital Projects and Improvements. Develop required specifications and contracts to accomplish specific projects. Provides direction, guidance, and assistance to contractors and work crews. Coordinates daily work activities. Monitors status of projects. Consults with department management or other officials to review status, advise. and direct, provide recommendations for and resolve problems on new building projects. Coordinates process for bidding. Prepares bid packages. Conducts pre-bid and pre-construction meetings. Issues addendums to clarify questionable issues. KNOWLEDGE, ABILITIES, and SKILLS NEEDED TO PERFORM JOB FUNCTION: Knowledge: Knowledge of modern techniques, methods, practices and procedures of Capital Projects. Knowledge of the practices and procedures used in the planning, development and construction of projects. Ability to read and interpret construction plans and specifications, as well as recognize deviations from such plans in the construction process. Ability to independently make decisions in the field. Abilities: Ability to write job specifications and contracts to accomplish special projects. Ability to establish and maintain effective working relationships with consultants, the general public, employees and officials. Ability to express oneself clearly and concisely, orally and in writing. Ability to supervise, coordinate, review and evaluate all phases of capital projects. Ability to apply and understand some of the principles, methods and techniques of a limited range of architectural and engineering systems. Ability to be flexible and work effectively in a fast-paces environment. Ability to be decisive and work under pressure, particularly when faced with unexpected occurrences or delays. ESSENTIAL JOB FUNCTION: Act as a Project Manager on a variety of projects. Direct all phases of project construction. Acts as Liaison/Project Manager between field operations, various County Departments, and outside contractors. Coordinates construction management activities and advises departments on various projects. Keep appraised of new developments. Responsible for keeping contract and specification documents up to date. Responsible for the coordination of various regulatory and permitting requirements. Attends Board of County Commission Meetings when required. ESSENTIAL PHYSICAL SKILLS: Occasional walking and standing. Ability to communicate concisely orally and in writing. ENVIRONMENTAL CONDITION REQUIREMENTS: Work inside an office for long periods and in the field with dust, heat and physically dangerous areas during construction operations. ENVIRONMENTAL WORK HAZARDS: Working in areas while construction operations are occurring. EDUCATION: Four year degree from an accredited college or university in Public Administration, Contract Management, Project Management or related field. A comparable amount of training or experience may be substituted for the minimum qualifications. 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"'O"C tl) =: C/) Rg~3~ ~ê-ß-~_ro ,;ï' ro ~ OJ 12- ~ (I Q2 1:J ~ æg~: §Õ~5. ~ tg S' ~ ¡¡ 0 iL:> '" ~ ~~ ~ C" 0 ~ CD '< [ §" ~, to ro CJ "- ë: I ." .. ~ n ... -~ E CI), .." " 11 I .." -< 25 '" 6 OJ '" '" iL:> ·0 o o o o 0'_ J :~ ~:; (~. - I'~~t '" '" '" "0 o o o o ."",> c3 i,o lIOC :{g.;~, ,-':,," z » e, - a.þ := '=' .0 ,a, § &- '" o o OJ ".c',- I ." I 'c'< :ã,c:, ! TCD'::"" a,- ~ 25 OJ .,~ o'~ III (II Ii' .s " ;::¡. " """ CJ o C) ,0 o3m ~:,!-~fl It ,ct . "'0, ",= .-n -0 ; 3 ~ = &r to 3 i: Ci) ::0 , C) c .. ; ~ $!I ~ VI " ITEM NO. 7 A DATE: 7/18/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: DESIREE CIMINO SUBJECT: Award Bid #06-082 - Fire Alarm Testing, Monitoring & Inspection BACKGROUND: Please see the attached memo. FUNDS AVAILABLE: Various Equipment Maintenance Accounts PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board award Bid #06-082 - Fire Alarm Testing, Monitoring & Inspection to the second low bidder, 1st Fire & Security, Inc. for the total monthly amounts specified on the attached tabulation sheet, and grant permission for the Chairman to sign the Contract as prepared by the County Attorney. COMMISSION ACTION: CE: Ø() APPROVED () DENIED ( ) OTHER Approved 5-0 DOU ANDERSON COUNTYADMINISTRATOR Coord ination/Siqnatures CoÚnty Attorney (X) Originating Dept. ( ) :i- Mgt. & Budget ( ) Other ( ) Purchasing (X) \~ Other ( ) Finance: (check for copy, only if applicable)_ \ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: July 11,2006 RE: Award Bid #06-082 - Fire Alarm Testing, Monitoring & Inspection BACKGROUND: On June 28,2006, documents received for Bid #06-082 - Fire Alarm Testing, Monitoring & Inspection were opened. Six hundred fifty-eight (658) vendors were notified, twelve (12) documents were distributed, and three (3) bids were received. Joe Turner, Central Services Maintenence Coordinator recommends award of Bid #06-082 to the second low bidder, 1st Fire & Security, Inc., because the response time proposed by the low bidder, Safe Technologies, Inc. (3 days) will not meet the County's needs. First Fire & Security's bid totaled $160.00 above the low bidder's price, and 1st Fire & Security proposed a one- hour response time. RECOMMENDATION: Staff recommends that the Board award Bid #06-082 - Fire Alarm Testing, Monitoring & Inspection to the second low bidder, 1st Fire & Security, Inc. for the total monthly amounts specified on the attached tabulation sheet, and grant permission for the Chairman to sign the Contract as prepared by the County Attorney. , MEMORANDUM DEP ARTMENT OF CENTRAL SERVICES TO: Melissa Simberlund, Contracts Coordinator FROM: Joe Turner, Maintenance Coordinator DATE: July 5, 2006 SUBJECT: Bid #06-082 **************************************************************************************************** After a review of the attached bids, the staff recommends 1st Fire & Security the contract for Fire Alarm System Testing, Monitoring & Inspection. We chose to go with 1st Fire & Security rather than Safe Technologies, Inc., who was the lowest bid, due to their poor response time. Thank you, Joe Turner, Maintenance Coordinator Cc: Roger A. Shinn Don McLam "'""" en E3 -0 ;-1 ~ c .- ~ ::CJ c= ~= ...----.~ r- _._.n_ ':. -) I ri"--: 0... ,--- ,...-......'\ -0 '-, :3: C~~ 2::': I";Y -I -< N N , s:: o :;: o CI,) c. (/) s:: oð 0) s:: .¡: o ~ s:: o :E ~N 0)- s:: ro .- (D ~O (/)0 Cl,)N ....~ E~ CI,) Q) ~ c:: (/) :J ~...., tJ)" Q) Ern ~o co Q) -:J <Co CI,) ~ .- u. N co o I co o =tt "C .- m ~ o i!!.JN C1)u.~ C cD ~ ~~~ Q..!!:! Ñ EQ..... ... ~!:::.. ns <C- 0 >< u. ns u. ~~~~~~~~~~~~~~~~~~~ o§§§§§§§§§§§§§§§§§§§ ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~ 00000000000000000000 00000000000000000000 ~OO~O~~~O~~~~~~~~~~~ ~~ooooo~~~~~~~~~~",,~""""N ~~~~~~~~~~~~~~~~~~~~ ~ ~ .,. ;:,g o ~ ~ E a. o ('f) U .E ~ .0 ft..J N ~u.~ .¡: ft ~ ~"5Ø1 C1) ns .... ( )C1)Ñ oðm.... C1)e!:::.. .~ C1) >< u.>ns u. 00000000000000000000 00000000000000000000 ~~o~~~~~~~~~~~~~~~~o NN~NNNNNNNNNNNNNNNNO ~~m~~~~~~~~~~~~~~~~~ ~ ~ .,. ~~~~~~~~~~~~~~~~~~£ ccccccccccccccccccc o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~~~~~~~~~~~~~~~~~~~~ --.-....-..-..-..--.-...--.-...-............-...-....-...-----....--..-........ - II) .... .! I\J en < 0 In c C .... ..... ~ M iii ui'.J N C1).!!!L1.:2 c c)...: ~.2Eíñ ::s 0 I\J 0 ~.E:Ë~ ()U ><- "C \I) I\J QI I- L1. I/) o Õ £££££££££££££££££££ c c c c c c c c c c c c c c c c c c c o 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~~~~~~~~~~~~~~~~~~~~ --.--.--.-...----.--.--.--.----.--.--.--.-...--.--.----...... 00000000000000000000 00000000000000000000 ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~M ~~~~~~~~~~~~~~~~~~~~ .... .,. Q) en :::s o Q) ~C> C>e> t:~ .~ c: O:::s CO Q) >< _ ~~ ~ ~ ~en Q)~ c ~= Ü coQ)~_Q):::S Sc Q) a:I$ ~þC>C>~ 0.... E~ Q)c~c~~i~~<C~> t §en ~:::s~~..J~ütQ)þ~..Jw ~~~~ ~ioco~Q)o-ð~cco~~ Q)CO~-o __~~Ü~a:I~U~üQ):::So~~ co~~- ~c~~en~W2Q)üo~Z- ~~~~~~..Juuu~~~~=Q)ücOw _~_Q)__ _:::S:::S-coucc~o~( ) ~uEe>~~~~..J..J~~D~~~~~CO..JOz. ~Q)o~oEE~:::s~~~O><c>:::scoo><Cft WI~<C~WW~~wøø~O<CJ~ø> ~ ~( ) ....;~o......N("')'<tI!'.ic.ci....:oocriOW. ~ .... "" ..., ...... ............ ............ ...... ...... ~ D:: ~- Q) en E 0 E ~ D 0 :::s~ en c en Q) Q) > = Q) ~> ~o :::SD en CO ~Q) c c> CO CO en- t c co ~ ~~ .E CO ~ ä5 § ;:,g o o ~ ;:,g o ~ ...... 00 N M ~...... ~ ~ Q) - :::s D 'C ~- Q) en ¡¡::i5 ~ tJ) o_~ Z c Q) en Q) > .~ E ë¡; c :::s u ~g~ E C en o~~ üa:la:l ..... ..... ..... 000 ~ ~ ~ Q) Q) Q) DDD E E E :::s :::s :::s zzz "' ITEM NO. 7B DATE: 7/18/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: DESIREE CIMINO SUBJECT: Change Order #1 to Contract C06-05-266 with Sitewerks, Inc. for St. Lucie County International Airport Ditch Relocation BACKGROUND: Please see the attached memo. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff recommends Board approval of Change Order #1 to Contract C06-05-266 with· Sitewerks, Inc., which extends the contract time by twenty-one (21) days with a new completion date of July 21, 2006, and staff recommends that the Board grant permission for the Chairman to sign the Change Order as prepared by the County Attorney. '¥; ~~~~~VED Approved 5-0 ( ) DENIED COMMISSION ACTION: DOUG Ä ERSON COUNTY ADMINISTRATOR Coord ination/Siqnatu res County Attorney (X) Originating Dept. ( ) ell Mgt. & Budget ( ) Other ( ) Purchasing (X) ~ Other ( ) Finance: (check for copy, only if applicable)_ '\ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: July 11,2006 RE: Change Order #1 to Contract C06-05-266 with Sitewerks, Inc. for St. Lucie County International Airport Ditch Relocation BACKGROUND: On May 23, 2006 the Board awarded Bid #06-055 - Airport Ditch Relocation Project to Sitewerks, Inc. Staff is now requesting Board approval of Change Order #1, which extends the contract time twenty-one additional days. The contract allowed about thirty (30) days for project completion. Due to a Notice to Proceed delay and some bad weather days, the project exceeded this timeline. The new completion date will be set for July 21, 2006. RECOMMENDATION: Staff recommends Board approval of Change Order #1 to Contract C06-05-266 with Sitewerks, Inc., which extends the contract time by twenty-one (21) days with a new completion date of July 21, 2006, and staff recommends that the Board grant permission for the Chairman to sign the Change Order as prepared by the County Attorney. CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) St. Lucie County International Airport Ditch Relocation CHANGE ORDER NUMBER: No.1 INITIATION DATE: 7/10/2006 CONSULTANT'S PROJECT NO.: TO (Contractor): Sitewerks, Inc. 4045 43rd Avenue Vero Beach, FL 32960 ST. LUCIE COUNTY CONTRACT NO: C06-05-266 CONTRACT DATE You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) May 23, 2006 Additional Time Only The original (Contract Sum) (Guaranteed Maximum Cost) was Net change by previous authorized Change orders The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or unchanged) by this Change Order The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be The Contract Time will be (increased) (QeÐrgasodr(Yr::I"baD§ed) by The Date of Substantial Completion as of the date of this Change Order therefore is: $ 244,170.00 $ $ 244,170.00 $ $ 244,170.00 (21 ) Days July 21, 2006 Funds Available: Account Number N/A The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: Kimley-Horn and Associates, Inc. Architect/Engineer 4431 Embarcadero Dr., West Palm Beach, FL 33458 Address St. Lucie County International Airport St. Lucie County Department 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address By Authorized St. Lucie County:2300 Virginia Ave., Ft. Pierce, FL 34982 By Agreed To: Sitewerks, Inc. Contractor Date 4045 43rd Avenue, Vera Beach, FL 32960 Address By: CHAIRMAN Date Approved as to Form and Correctness: County Attorney By Date Page 1 Melissa Simberlund - Fwd: RE: Sitewerks From: To: Date: Subject: Barbara Churchill Simberlund, Melissa 7/10/20062:08:46 PM Fwd: RE: Sitewerks July 21, 2006 >>> Melissa Simberlund 7/10/2006 2:07 PM »> What date? Melissa Simberlund Contracts Coordinator Purchasing Department (772)462-1799 >>> Barbara Churchill 7/10/20067:29:33 AM »> Dave extend the contract on C06-05-266 for how long???? >>> <Dave.Bardt@kimlev-horn.com> 7/7/2006 10:59 AM >>> I went up on Wednesday and they were almost finished. All the fill was done and had passed test results. They were hauling unsuitable material off site. I do not have as builts yet and advised them of that this morning. We will need to extend the contract. David R. Bardt, P.E. Vice President Kimley-Horn and Associates, Inc. 4431 Embarcadero Dr West Palm Beach, FL 33407 561-845-0665 From:Barbara Churchill [mailto:ChurchiB@stlucieco.Qovl Sent:Wednesday, July 05,20069:05 AM To:Bardt, Dave Cc:Barbara Churchill; Diana Lewis Subject:RE: Sitewerks The work was to be complete on the 30th! >>> <Dave.Bardt@kimlev-horn.com> 7/5/2006 8:47 AM »> Not yet. I was going to try and get up there this afternoon to see how it is going. David R. Bardt, P.E. Vice President Kimley-Horn and Associates, Inc. 4431 Embarcadero Dr West Palm Beach, FL 33407 561-845-0665 From:Barbara Churchill rmailto:ChurchiB@stlucieco.Qovl Sent:Wednesday, July 05, 2006 8:30 AM To:Bardt, Dave Page 2 Melissa Simberlund - Fwd: RE: Sitewerks Cc:Barbara Churchill; Melissa Simberlund subject:Sitewerks Is the work complete? If so great if not we need to extend contract. Barbara Churchill Airport Manager St. Lucie County International Airport 3000 Curtis King Blvd. Ft. Pierce, Florida 34946 772-462-1732 772-462-1718 Fax CC: Churchill, Barbara " To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: '" COMMISSION ACTION: cx:J APPROVED CJ OTHER Approved 5-0 Agenda Request Item Number Date: C'~'q 07/18/06 Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ Presented By !~-? ;tL¡ Growth Management Director Request of James P. Terpening, for final plat approval for the project known as Oak Alle~ PUD. This project is located at the northwest comer of the intersection of South 25 Street (State Road 615) and Devine Road in a P.U.D. Zoning District. The project consists of 58 singe family lots. Board of County Commissioners Growth Management James P . Terpening has submitted the final plat for the project to be known as Oak Alley PUD located at the northwest comer of the intersection of South 25th Street (State Road 615) and Devine Road in a P.U.D. Zoning District. The project has an allowable density of 2 dwelling units per acre and consists 'of 58 singe family lots. The actual density is .85 dwelling units per acre. ' , N/A On November 15, 2004 the PUD 04-019 was approved by Resolution #04-220. Approve the final plat of Oak Alley PUD and authorize its execution. D DENIED County Attorney Originating Dept.: Finance: 8k/ Coordinationl Signatures Mgt. & Budget: Environ. Res. Div. Purchasing: Road and Bridge Div. .. Plat for PUD 04-220 Transmittal Master Checklist Primarv Distribution Environmental Resources Department, Amy Mott Public Works, Don West Surveyor - Ron Harris: Road, Bridge, & Transportation - Don Pauley: Stormwater Management - Chris Lestrange: General Engineering - Mike Powley: Zoning Supervisor - Paula Bushby: Attorney Prop Acquisition - JoAnn Riley: Sheriffs Department - Major Monahan: St Lucie County Fire District - Captain Derek F oxx: Ft Pierce FarmsINorth St Lucie Water Control District - Ray Garcia: Property Appraiser's Office - Maurice Snyder: IF AS - Jeffrey Gellermann: Residential Only School Board of St Lucie County - Marty Sanders: Community Services (Transit) - Jody Bonet: Geo2raDhical Based St Lucie County Utility Department - Airport Authority - Diana Lewis: City of Ft Pierce - Beach/Recor: City of Port St Lucie - Cheryl Friend: Ft Pierce Utilities Authority - David Mellert: Education and Research Authority - Jane Bachelor: --~~~- Sent x x x x Received x x x x ---..----- " Commission Review: July 18, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM From: Board of County Commissioners Lawrence Szynkowski, Senior Planne/ David P. Kelly, Planning Manager ('Qi .. To: Through: Through: Bob Nix, Growth Management Director Date: July 18, 2006 Subject: Petition of James P. Terpening, P.E. for final plat approval for the project to be known as Oak Alley PUD. On November 15, 2004 the Board of County Commissioners approved the project to be known as Oak Alley PUD 04-019 through Resolution #04-220. The project is located at the 'northwest corner of the intersection of South 25th Street . (State Road 615) and Devine Road in the PUD Zoning District and consists of 58 single family lots on 70.50 Acres. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the final plat for the subdivision to be known as Oak Alley PUDand authorize its execution. Please contact this office if you have any questions on this matter. SUBMITTED: Brj-/~ Jt Bob Nix, AICP Growth Management Director cc: James P. Terpening, P.E. William Blazak Ron Harris, County Surveyor File I Î!; .~ ~ I d ~! J' ,~I t . JfJ ili ,II i IiI þ} . "1 II 'S if] H' h) t I~ JI, '. u 10f ! I' I . :d 11 ") ~ 'Ii . I' ~ . II 1< I ,ll I!f ,I tH J' ,II j.J : I -', ] -. ç Ilf I-Ir, ¡~ d ;'-f :.. fS'j " , '- ' ..' n' II Iii! ," ff 1ft ¡)i ~".J lid 1- -p ; Z .1 : tI, I lid I · e . I I ~ tJ 1!9 tJ :3 Fii Pi r2 c .. IIQ ~CI ~~ ~. ~~ <: ., ~~ <S o~ Ñ ., :or; o ~ r8 III. o ~ ~ o ø. . CI æ IIQ III 1 J I' j i' , , : i hi ~ I I ~ }, . . !IIH J t 'i" J pfp! · ' . fl'l ¡ " .~ . t J ' j I J H J' · . JlrJ~ i ~ · ,.1' · i II !~I·I· ' 1~ . i Ii mi ! 1 .t] rJ ' I . Iii ¡nil I §~¡ .If . I ¡ ~I !:In I f ~. J' J J I·" i WI 11'-' ~Irnt ; J I f, ,'Iu I lid I ;ä ih ,JI:¡ , ¡ J . :1, H :: I ~ J šl U~jì I I . ~ II) I ¡t I " I~ ß!~i! ~ ~~J¡ I I "I 'If' .¡tl1~ lib ~ h ~f :Hl i J I-~Jj I d t"l II ..' t. 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COMMISSION ACTION: IJ[] APPROVED D DENIED CJ OTHER Approved 5-0 ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: County Attorney Originating Dept.: Finance: -,~- Agenda Request Item Number Date: C-ßß 07/18/06 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ Presented By ß~A/ij Growth Management Director Petition of KMJ Apartments, LLC for a 12-Month Extension of the Major Site Plan knöwn as Kitterman Woods - Draft Resolution No. 06-221. Board of County Commissioners Growth Management St. Lucie County has received a request from the developer of the Kitterman Woods . project for a 12-month extension. Kitterman Woods is a project consisting of 396 units in 17 buildings for property located on the south side of Kitterman Woods, approximately 600 feet east of South U.S. Highway No.1 and at the southwest corner of the intersection of Kitterman Road and Lennard road in the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District. . The developer is requesting a 12-month extension of the approved project in order to work with County staff on an appropriate amount of Road Impact Fee credits for the proposed project. The developer has donated additional right-of-way for Lennard Road, which is on the St. Lucie County Thoroughfare Plan and is eligible for road impact fee credits for the donation. N/A On July 27, 2004, the Board of County Commissioners approved the Major Site Plan for the project to be known as Kitterman Woods. Staff recommends approval of Draft Resolution No. 06-221, which would grant a 12- month extension to the approved Kitterman Woods project. RENCE: v<:J , ~ .¡V\1lo Coordinationl Signatures Mgt. & Budget: Environ. Res. Division: Purchasing: Other: i' i Transmittal Master Checklist - 12-Month Extension for Kitterman Woods PrimarY Distribution Sent Environmental Resources Department, Vanessa Bessey: N/A Public Works Surveyor - Ron Harris: N/A Road, Bridge, & Transportation _ Don Pauley: N/A Stormwater Management _ Chris Lestrange: N/A General Engineering - Michael Powley: N/A County Attorney Property Acquisitions - JoAnn Riley: N/A St. Lucie County Sheriff's Office - Major Monahan: N/A St Lucie County Fire District - Chief Buddy Emerson: N/A Residential Onlv School Board of St Lucie County - Marty Sanders: N/A Geoaraphical Based St Lucie County Utility Department Port ST. Lucie Utilities Department N/A N/A Received " Commission Review: July 18, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Growth Management Director DATE: July 13, 2006 SUBJECT: Request of KMJ Apartments, LLC, for a 12-month extension of the Major Site Plan known as Kitterman Woods. On July 27, 2004, this Board, through Resolution 04-091, granted Major Site Plan approval for the project to be known as Kitterman Woods, which is a 396 unit multiple-family residential project located on the south side of Kitterman Road, approximately 600 feet east of South U.S. Highway No. 1 and at the southwest corner of the intersection of Kitterman Road and Lennard Road in the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District. The developer is requesting a 12-month extension of the approved project in order to work with County staff on an appropriate amount of Road Impact Fee credits for the proposed project. The developer has donated additional right-of-way for Lennard Road, which is on the St. Lucie County Thoroughfare Plan and is eligible for road impact fee credits for the donation. Attached is a copy of Draft Resolution No. 06-221 which, if approved, would grant a 12-month extension to the Major Site Plan known as Kitterman Woods. The éxpiration date for this Major Site Plan will be July 27,2007. Staff recommends approval of the attached Draft Resolution No. 06-221. Please let this office know if you have any questions on this matter. SUBMITTED: B ~AI r-;t Bob Nix, AICP Growth Management Director cc: Ken Taylor - KMJ Apartments, LLC Richard Ladyko, P.E. - Culpepper & Terpening, Inc. File ~--~~.~- - June 14,2006 Hand Delivered and Sent via Certified U.S. Mail 7004 2510 0007 5436 4381 St. Lucie County Florida 2300 Virginia Avenue Fqrt Pierce, Florida 34982-5652 Attn: Robert Nix - Growth Management Director Re: Kitterman Woods Subject: Site Plan Approval Extension- County Resolution 04-091 Dear Mr. Nix, This correspondence is written to request a one time extension of our Development Order for the above referenceçj Project. We are requesting this extension because it appears that a certain portion of the Impact Fee Structure that is to be assessed against our Project is being deliberated upon by County Staff. Our Construction Plans are currently in the County Building Department and I am told are ready for Building Permit issuance, save this Impact Fee issue.. I am fearful that our Development Order could expire (July 27 I 2006) prior to time that County Staff figures out the correct tmpact fees that are to be paid and we have had a chance to review the assessments to prove that they are equitable in our mind. Therefore Sir, we respectfully ask that our request for this one time Development Order extension is granted and further ask that upon your review of our case, that you would recommend to the County Commissioners their subsequent approval. Should you require further information regarding this matter please don't hesitate to call Ùpon the writer at your convenience. I can be reached at 561-683-8297 office or 954-650-8464 mobile and would very much like to speak with you at length relative to this simple request. As always, we remain... Very truly yours, ~~ Ken Taylor President and Authorized Agent for KMJ Apartments, LLC Enclosure cc: Karl Davis, KMJ Apartments, LLC Michael J. Posner, Esquire I Ward, Damon & Posner THE CONSTRl'CTIOX TEAM AND DEYELOPMEXT GROl'P CORPoí~,.\.TION 901 Northpoint Parkway, Suite 108, West Palm Beach, Florida 33407 Phone: 561-688-8297 Feue: 561-683-8325 -~-_.~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 --~~~ RESOLUTION NO. 06-221 FILE NO.: BCC-06-007 A RESOLUTION PROVIDING FOR A 12-MONTH EXTENSION OF A MAJOR SITE PLAN FOR THE PROJECT KNOWN AS KITTERMAN WOODS 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. On July 2004, this Board, through Resolution 04-091 approved the Major Site Plan for the project known as Kitterman Woods, consisting 396 units in17 buildings for property located on the south side of Kitterman Woods, approximately 600 feet east of South U.S. Highway No. 1 and at the southwest corner of the intersection of Kitterman Road and Lennard road in the RM-9 (Residential, Multiple-Family - 9 du/acre) Zoning District. 2. The developer of Kitterman Woods has requested that the Major Site Plan granted through Resolution 04-091, be extended for a period of 12 additional months from its date of scheduled expiration, July 27,2006. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.06(B)(2) of the St. Lucie County Land Development Code, the Major SitePlan, approved through Resolution 04-091, is hereby extended for a period of 12 additional months from its date of scheduled expiration, July 27, 2006, with the new expiration date being July 27, 2007. B. All terms and conditions of Resolution 04-091, Parts Band G excluded, shall remain in full force and effect. . C. The property on which this. Major Site Plan extension is being granted is described as follows: LOT 6, BLOCK 4, MODEL LAND COMPANY'S SUBDIVISION OF SECTION 15, TOWNSHIP 36, RANGE 40, LESS AND EXCEPT THE WEST 30 FEET, THE NORTH 15 FEET, AND RIGHT-OF-WAY S FOR DRAINAGE CANALS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND, File No.: BCC-06-007 July 27, 2006 Resolution No. 06-221 Page 1 , , 1 2 TRACTS 1, 2, 3, 4, 5, 11, 12, 13, 14, AND 15 OF BLOCK 4 OF MODELLAND COMPANY'S 3 SUBDIVISION OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO 4 THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 41 OF THE PUBLIC RECORDS 5 OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED 6 PARCELS ONE THROUGH EIGHT, INCLUSIVE: 7 8 PARCEL ONE: THE EAST 20 FEET OF THE WEST 50 FEET OF THE TRACT 11, BLOCK 4, 9 SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. 10 11 12 PARCEL TWO: THAT PORTION OF THE EAST 82 FEET OF SECTION 15, TOWNSHIP 36 13 SOUTH, RANGE 40 EAST WHICH LIES WITHIN TRACT 5, BLOCK 4, IN SAID SECTION AND 14 ALSO WHICH LIES TO THE SOUTH OF THE NORTH LINE OF TRACT 15, PROJECTED 15 EASTERLY TO THE EAST SECTION LINE OF SAID SECTION 15, AND TO THE NORTH OF 16 THE SOUTH LINE OF SAID TRACT 15, PROJECTED EASTERLY TO THE EAST LINE OF 17 SAID SECTION 15. 18 19 PARCEL THREE: THAT PORTION OF THE EAST 55 FEET OF SECTION 15, TOWNSHIP 36 20 SOUTH, RANGE 40 EAST WHICH LIES WITHIN TRACTS 1 AND 2, BLOCK 4 IN SAID 21 SECTION 15 AND ALSO WHICH LIES SOUTH OF THE EAST 114 SECTION CORNER ON THE 22 EAST LINE OF SAID SECTION 15 AND WHICH LIES TO THE NORTH OF THE SOUTH 23 BOUNDARY OF SAID TRACT 2 IN SAID SECTION 15, PROJECTED EASTERLY TO THE 24 EAST LINE OF SAID SECTION 15. 25 26 PARCEL'FOUR: THAT PORTION OF THE SOUTH 85 FEET OF SECTION 15, TOWNSHIP 36 27 SOUTH, RANGE 40 -EAST WHICH LIES WITHIN TRACTS 11, 12, 13, AND 14 OF BLOCK 4 OF 28 SAID SECTION AND WHICH LIES TO THE WEST OF THE EAST LINE OF SAID TRACT 14, 29 PROJECTED SOUTHERLY TO THE SOUTH LINE OF SAID SECTION 15 AT WHICH LIES 30 EAST OF THE WEST LINE OF SAID TRACT 11, PROJECTED SOUTHERLY TO THE SOUTH 31 LINE OF SAID SECTION 15. 32 33 PARCEL FIVE: A PARCEL OF LAND LYING IN TRACTS 2, 3, 14, AND 15 OF BLOCK 4 OF 34 MODEL LAND COMPANY'S SUBDIVISION OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 35 40 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 41 36 . OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING 37 MORE PARTiCULARLY DESCRIBED AS FOLLOWS: 38 39 BE.GIN AT A POINT ON THE SOUTH LINE OF SAID TRACT 15 AND 82.00 FEET WEST OF 40 THE EAST LINE OF SAID SECTION 15; THENCE, RUN NORTH 89°56'04" WEST ALONG 41 THE SOUTH LINE OF TRACT 15 A DISTANCE OF 577.49 FEET TO THE SOUTHWEST 42 CORNER OF TRACT 15; THENCE, RUN NORTH 00°08'09" EAST ALONG THE WEST LINE 43 OF TRACT 15 A DISTANCE OF 185.39 FEET; THENCE, DEPART SAID WEST LINE OF 44 TRACT 15 AND RUN NORTH 89°56'00" WEST PARALLEL WITH AND 845 FEET NORTH OF 45 THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 138.00 FEET; THENCE, RUN 46 NORTH 00°11'01" EAST PARALLEL WITH AND 797.64 FEET WEST OF THE EAST LINE OF 47 SAID SECTION 15 A DISTANCE OF 1,084.20 FEET; THENCE, RUN SOUTH 89°48'59" EAST 48 A DISTANCE OF 670.87 FEET TO A POINT ON A CURVE AND THE PROPOSED WESTERLY 4 9 RIGHT-OF-WAY LINE OF LENNARD ROAD; THENCE, WITH A RADIAL LINE TO SAID POINT File No.: BCC-06-007 July 27,2006 Resolution No. 06-221 Page 2 --- ~- 1 BEARING SOUTH 88°27'03" WEST RUN SOUTHERLY ALONG THE ARC OF A CURVE 2 CONCAVE TO THE EAST HAVING A RADIUS OF 7,065.00 FEET AND A CENTRAL ANGLE 3 OF 04°56'59" AN ARC DISTANCE OF 610.33 FEET TO A POINT LYING 82.00 FEET WEST 4 OF THE EAST LINE OF SAID SECTION 5; THENCE, RUN SOUTH 00°11'01" WEST 5 PARALLEL WITH AND 82.00 FEET WEST OF THE EAST LINE OF SAID SECTION 15 A 6 DISTANCE OF 659.62 FEET TO THE POINT OF BEGINNING. 7 8 PARCEL SIX: ALL THAT PORTION OF TRACTS 11, 12, 13, AND 140F BLOCK 4 OF 9 MODEL LAND COMPANY'S SUBDIVISION OF SECTION 15, TOWNSHIP 36 SOUTH, RAND 10 40 EAST ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 41 11 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING WITHIN THE SOUTH 12 845 FEET OF SAID SECTION 15, LESS AND EXCEPT THE WEST 50 FEET OF TRACT 11 13 AND THAT PORTION OF THE SOUTH 85 FEET OF SAID SECTION 15 WHICH LIES WITHIN 14 SAID TRACTS 11, 12, 13, AND 14 AND WHICH LIES TO THE WEST OF THE EAST LINE OF 15 SAID TRACT 14, PROJECTED SOUTHERLY TO THE SOUTH LINE OF SECTION 14 AND ,16 WHICH LIES EAST OF THE WEST LINE OF SAID TRACT 11, PROJECTED SOUTHERLY TO 17 THE SOUTH LINE OF SAID SECTION 15. THE ABOVE DESCRIBED PARCEL CONTAINS 18 22.13 ACRES, MORE OR LESS. 19 20 PARCEL SEVEN: A PARCEL OF LAND LYING IN TRACTS 13 AND 14 OF BLOCK 4 OF 21 MODEL LAND COMPANY'S SUBDIVISION OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 22 40 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING 24 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 25 26 COMMENCE AT A POINT ON THE SOUTH LINE OF TRACT 15 OF SAID BLOCK 4 AND 27 82.00 FEET WEST OF THE EAST LINE OF SAID SECTION 15; THENCE, RUN NORTH 28 89°56'04" WEST ALONG THE SOUTH LINE OF TRACT 15 A DISTANCE OF 577.49 FEET TO 29 THE SOUTHWEST CORNER OF TRACT 15; THENCE, RUN NORTH 00°08'09" EAST ALONG 30 THE WEST LINE OF TRACT 15 A DISTANCE OF 185.39 FEET; THENCE, DEPART SAID 31 WEST LINE OF TRACT 15 AND RUN NORTH 89°56'00° WEST PARALLEL WITH AND 845 32 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 138.00 FEET TO 33 THE POINT OF BEGINNING AT THE HEREIN DESCRIBED PARCEL; THENCE, CONTINUE 34 NORTH 89°56'00" WEST PARALLEL WITH AND 845 FEET NORTH OF THE SOUTH LINE OF 35 SAID SECTION 15 A DISTANCE OF 443.00 FEET; THENCE, NORTH 45°07'31" EAST A 3 6 DISTANCE OF 627.14 FEET; THENCE, RUN SOUTH 00°11'01" WEST PARALLEL WITH AND 3 7 797.64 FEET WEST OF THE EAST LINE OF SAID SECTION 15 A DISTANCE OF 443.00 FEET 38 TO THE POINT OF BEGINNING. 39 40 PARCEL EIGHT: A PORTION OF LOTS 11 AND 12,BLOCK 4 OF MODEL LAND 41 COMPANY'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN 42 PLAT BOOK 1, PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, 43 LYING IN SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, 44 FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 45 46 COMMENCE AT A FOUND 4" CONCRETE MONUMENT MARKING AT THE SOUTHEAST 47 CORNER OF THE SOUTHEAST Y4 OF SAID SECTION 15; THENCE, SOUTH 89°46'23" WEST 48 ALONG THE SOUTH LINE OF SAID SOUTHEAST Y4 A DISTANCE OF 1,927.39 FEET; 49 THENCE, NORTH 001" WEST A DISTANCE OF 85.00 FEET TO THE POINT OF File No.: BCC-06-007 July 27, 2006 Resolution No. 06-221 Page 3 -- ~---~--- 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 INTERSECTION OF THE NORTHERLY EXISTING CANAL RIGHT-OF-WAY LINE FOR THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 28, AND THE EASTERLY EXISTING CANAL RIGHT-OF-WAY LINE FOR TH~ FLORIDA DEPARTMENT OF TRANSPORTATION NEW CANAL; THENCE, CONTINUE NORTH 001" WEST ALONG SAID EASTERLY EXISTING CANAL RIGHT-OF-WAY LINE FOR THE NEW CANAL, A DISTANCE OF 760.00 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE NORTH 00°14'49" WEST-ALONG SAID EASTERLY EXISTING CANAL RIGHT-OF-WAY LINE A DISTANCE OF 473.95 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 11; THENCE, NORTH 89°_" EAST ALONG THE NORTHERLY LINE OF SAID LOTS 11 AND 12, A DISTANCE OF 485.00 FEET; THENCE, SOUTH 00°14'49" EAST A DISTANCE OF 474.00 FEET; THENCE, SOUTH 89°46'23" WEST A DISTANCE OF 485.00 FEET TO A POINT ON SAID EASTERLY EXISTING CANAL RIGHT-OF-WAY LINE FOR THE NEW CANAL AND THE POINT OF BEGINNING. SAID DESCRIBED PARCELS CONTAIN 51.838 ACRES, MORE OR LESS. . (Location: South side of Kitterman Road, approximately 600 feet east of South U.S. Highway No.1 and at the southwest corner of the intersection of Kitterman Road and Lennard Road.) D. This Major Site Plan extension shall expire on July 27,2007, unless building permits have been issued or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. E. The Certificate of Capacity granted by the Growth Management Director on July 27, 2004, shall remain valid for the period of this Major Site Plan approval. F. 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. G. A copy of this resolution shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward xxx Vice-Chairman Chris Craft xxx File No.: BCC-06-007 July 27, 2006 Resolution No. 06-221 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 -~-~ Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Frannie Hutchinson xxx xxx xxx PASSED AND DULY ADOPTED this 18th Day of July 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney hf H :\WORD\Petitions\BCC\Finished2006\KittermanWoodsExt,SP\KittermanWoods-Ext-RES ,doc File No.: BCC-06-007 July 27, 2006 Resolution No. 06-221 Page 5 \.-: ITEM NO. c -9 DATE: July 18. 2006 - :<!' '. .! ,~- -' ....... . .'" ,",-. ',.'.," : .,:.:'~.. . ,..:..,,' . _, "":~ /""""..' I" .. ". " . " " : . . . ,I,' '._ ...... . ' .. ...-.,--.. AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT PRESENTED BY: d. . IÍ -LUril, ~ L'áurie Case Assistant Utility Director SUBJECT: Staff requests the Board declare an emergency and requests a bid waiver per the Purchasing Manual Section 5.5 to approve the formal quote from Danella Companies, Inc. for the 16' Force Main on US Highway #1 from Taylor Creek to FPUA's Lift Station A or WWTP in the amount of $1 ,754,999.00. FUNDS AVAILABLE: Funds available 479-3600-563000-3642 - Infrastructure PREVIOUS ACTION: Board of County Commissioners approved Contract#C05-03-211 between St. Lucie County and Danella Companies, Inc. in March 2005. RECOMMENDATION: Staff recommends that the Board declare an emergency and requests a bid waiver per the Purchasing Manual Section 5.5 to approve the formal quote from Danella Companies, Inc. for the 16" Force Main on US Highway #1 from Taylor Creek to FPUA's Lift Station A or WWTP in the amount of $1,754,999.00. )(J APPROVED o OTHER: o DENIED COMMISSION ACTION: Approved 5-0 Douglas nderson County Administrator ~ounty Attorney: ~iginating Dept: j~ Review and Approvals (Lw ß1~ ~rChaSing: ~ ~nagement and Budget: cYrk-WL..- º Other: º Other: o Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. UTILITY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Laurie Case, Assistant Utility Director DATE: July 18, 2006 RE: 16" Force Main - US Highway #1 to Lift Station A BACKGROUND: In order to meet necessary deadlines to provide wastewater capacity for pending developer demands and near future developers, services must be in place as soon as possible. Force main lines must be extended on US Highway #1 from Taylor Creek to FPUA's Lift Station A or WWTP. Per the Bulk Utility Agreement, FPUA's standard policies would apply to the funding of water and force mains needed to serve S1. Lucie County. This policy states that the customer (i.e., the County) pays for construction of the mains, but also includes an allowance for 60 percent of the construction cost to be credited against future connections. The cost of the mains will include engineering, permitting and construction inspection/administration services. Masteller & Moler, Inc., the County's engineer on the project, requested three formal quotations for this project and two were received. After reviewing the quotes, the engineer has concluded Danella Companies, Inc. is the lowest quote and recommends awarding the project to Danella Companies, Inc. with an estimated time for completion of seven months. We have a current contract with them as well. RECOMMENDATION: Staff recommends that the Board declare an emergency and requests a bid waiver per the Purchasing Manual Section 5.5 to approve the formal quote from Danella Companies, Inc. for the 16" Force Main on US Highway #1 from Taylor Creek to FPUA's Lift Station A or WWTP in the amount of $1 ,754,999.00. ,,-.~n 25 C6 :;2 ~ 03p !"'~ëst.ell E'r-~-:M:::~E?;" //2'794: iDS p _ 1 ~ ~~-\.STELLER & MOLER, Ll\íC, - CML ENGINEERS ~ June 26,2006 .. -'-'''Vi" '.' ,T"-;::¡;'~2;;--' ¡ I ¡:::A)' ' . I.. , ¡I I 1\ /~~....__~J ~:;J...'L:.::~':.i..,..---..--{~...;..--- ~ t"- '",~ ," ~ ~,.¡;;! 1 r-¡:¡ & M, QI r-R 'I ~1 J;,J\r~'~ ~ _I-t..._ , ...- '¿~..L. ;;:;;5:· 2}tr¡ Streit Ste, 2 I Ii \len> ßReCt<, FL 3296D J L~!l ,,---- tP'H #7n·56i·5300 [:A~#"~-Ír":;-';;""7;:ç,;; & 772-794-1106 , L':..,:...:J.::?£;·';>-', ?~~, ", .1 .,~ ":;0'" :l?!,.e..<h-,,! (7;(-:l,,(,~~ .Ms. Laurie Case Utillt)' Director St Lucie County Utilities Dept 2300 Virginia Averrue Ft Pier::::e, FL 34982 RE: Review of Forma! Quotations on Emergency Basis 16'" Force Main - US High"...ay #1 Ie Lift Station A or \\rwTP St Lucie County UtiHties SL. Lucie County, FL Our File #0537 Dear Ms, Case: In accoràa..'lœ ",ith your request, we have reviewed the referenced Forma! QuocatJons which were fa...xed to our office on June 26, 2006, Formal quotation responses were receive.d from Danella Comp.L'Ues., Inc. and Ditchdiggers, [DC. W, Jackson & Sons Construction sent as an emall on June 23 (the àate for receipt of Ìormal quotations) indicating that they were not sïJ.bmitting a Îormal quotation on t.1is project. Therefore, our review of rannal quotarions invotved submittals from Danella Companies, Inc. and Ditc.hdi.ggers, be. We hzve checked the mathematks of both formal quotanons a.'1d find no ~rrors. The comet amount of the formal qUO'"l.81Ìons is as foIlo'\Vs: Ditchdiggers, Lie. Danella Companies, Inc, $2,389,&1638 $1,754,999.00 The low correct fannal quotation OD tTiÌs project has been submitted by Dan(;::lla Compar-.ies, Inc. <Lid it i.s our recommendation thB.t the project c>ontract be awarded tc, Danella Companies, Inc. in the amount of $1,754,999,00, Please do not hcsitare to contact me ìfyou have any questions or comments.. Sincere]y: MASTELLER & MOLER, INC. (Î ~¿2t~l::tL1f0)J:le~, EaI'l H, Masttl1er, P.R, DEE President E.h:D. 'd, ¡:-1~f' Yir'Ï,,{'7 (5~i(101f_ce.se_b¡¿ qu.:¡¡<_OG2.606 doc) 1655 2-:'tb Stteet, SuitE 2 Vera Beaoh, FJocida 32Si6U Phone:';: 2) s.Ó-;· 5300 Fu: (J:2) 794-1106 .E -Mzi:: IllilSrmOrr@?:;¡ell5:iUtLne\ ?ége 1 clf 1 Les!ie Smith - FW: 16" FORCE MA!N - US1 TO L.S. 'A' BID STATUS ~i From: To: Date: Subject: "Masteller & Moler, Inc." <mastmolr@bellsouth.net> "Leslie Smith" <smithl@stlucieco.gov> 6/26/2006 12:14 PM FW: 16" FORCE MAlN - US1 TO L.S. 'A' BID STATUS Leslie - for your info. - Earl -----Original Message----- From: Chuck Johnson [mailto:cjohnson@wjsonsco.com] Sent: Friday, June 23,2006 11:16 AM To: mastmolr@bellsouth.net Subject: 16" FORCE MAIN - US1 TO L.S. 'A' BID STÞTUS To whom it may concern, We will not be submitting a bid on this job this afternoon, V'Ve do not feel a responsible bid from us is achievable in the short time periodwe have had the bid package. We apologrze for any inconvenience encountered. Thank you for the opportunity however and hopefully can enter in the next opportunity in a timely manner. SincerelY, Chuck Johnson file' '/CDocll..."TIents 2:ld Sertings'Adnìnisërato:-Local SeÒngs'Tem:;;\G\7,"}JOOO1.HTlVI 6'26 '20C,6 SECTION 00300 Board of COUilty Commissioilers St. Lucie Countv. Florida 2300 Virginia Avenue Ft. Pierce, FL 34982 FORMAL QUOT,A T~ON FORM DaN~/ld. (OfrJødN;'-e ~ Tf.J C SJDDE"R">S r::Cflil¡F:l-\!\/\/ /\/A~A4E) I have received the documents titled 1116" FORCE MAIN U.S. HIGHWAY #1 TO LIFT STATION 'A' OR WWTpll. I have also received addendum number -=- through ~ (if appropriate) and have included their provisions in my Formal Quotation. I have examined both the Formal Quotation documents and the construction site and submit the following Formal Quotation in which I agree: 1, To hOld my Formal Quotation open until an agreement has been executed between St. Lucie County and accepted Bidder, including receipt of the Public Construction and Maintenance Bonds, or until 180 days after Formal Quotations are opened, whichever fs longer. 2. To enter into and execute a Contract on the basis of this Formal Quotation and to furnish a 100% Public Construction Bond in accordance with the Instructions to bidders to guarantee my workmanship and materials to be free from construction defects for a period of not less than two (2) years, if this Formal Quotation is accepted. 3. To accomplish the work included in, and in accordance with the Contract Documents, if this Formal Quotation is accepted. 4. To start work within ten (10) calendar days from the date of the Notice to Proceed and thereafter to complete the work within the time as stipulated within the provisions of the contract, if this Formal Quotation is accepted. 5. Regarding Compensation for the proposed work: if this Formal Quotation is accepted, I will construct this project on a unit price basis as reflected in the Formal Quotation Unit Price Schedule on pages 300-2 of this Formal Quotation. 6. Regarding the Award of the Contract: if I am awarded a contract for this project, I understand that the award may be for all or any portion thereof of the items listed under the Formal Quotation Unit Price Schedule. IFJ3:CEl\TED I I I I JUN 2"3 it}')¡=; ....or....._... i ;BY: Ifff)i¡C5 i ! ::.i 00300- í FORMAL QUOTA nON PR~CE SCHEDULE FORMAL QUOTATION # 5'7¿t({/~ ¡lFn-lv F 16" FORCE MAIN - U.S. HIGHWAY #1 TO LIFT STATION 'A' OR WWTP General: The Contractor shall furnish all labor, superintendence, materials, plant, power, light, fuel, water, tools, appurtenances, equipment, supplies and all other means of construction of properly performing the work Item Description 1 ¡Mobilization 2 IPeriormance/Payment Bond 3 'Testing Concrete/Soils, Etc. 4 ¡MOT 5 ¡Survey & As-builts 6 116" PVC C-905 DR 18, CL 235 Force Main 7 130"/1 6" Jack & Bore 8 116" Directional Bore 9 ,Bridge Crossing 10 lAir Release Valve Assembly 11 120" Duckbill Valve 1 12 120" Plug Valves 13 116" Gate Valves 14 [16" Plug Valve 15 6" Gate Valve 16MJ FittingsW ¡Restraints Epoxy Coated 17 120" FM Connection @ Existing Manhole Continued on Page 00300-2(A) iRECF:.IVED I JUi~ 2 3 2005 , "þ _>< _ ¡)...,......"i¡'¿, /w !i µ ." vC· VV' ~.l' Unit I LS LS I LS LS LF LF LF LF LS EA EA EA EA EA EA I Ton EA 1 1 1 1 7,900 6,740 260 900 1 2 1 2 2 1 1 4 1 Unit ,·n I) (ó!Îjn; ¡j F i ''€ S L I'J C J ¡:; lvie I i c~ ~ 00300-2 í'i¿( . '2 l//J Ct" J'i./, -'!" 'p é' :r:,.; é ( Côn:inued from Page 00300-2 JI I¿ /1' 1'( c)., '--" II "-4. /V j '- *" Estimated Item Description Unit I ¡ 8 120" Tie-I nto Existing I ¡ 9 ICap Existing 20" HDPE FM LS 120 ¡Connect to existing 16" FM LS I I 21 !Pigging 16" FM LF 7,900 22 116" permanent Pig Assembly WI Vault EA I 1 23 ¡Relocate DDCV I LS I 1 24 !Dewatering I LS I 1 I 25 IRestoration - Sod I Syl 5,950 26 ¡Restoration - Planter I LS I 1 , I 27 Restoration - Concrete Flume I LS 1 ì . 28 Restoration - Concrete Sidewalks ¡ SY I 75 !!:- 29 ,Restoration - Asphalt Drrveways I SY I 185 30 ¡Restoration - Aspha!t Parking Lot SY i 177 I 31 Restoration - Patch Roadway SY 300 I ¡:;:;,..- ~t' 32 Restoration - Patch, Mill & Resurface 1 Lane SY I 3,360 /:?,- I [TOTAL AMOUNT OF FORMAL I $ - c' 'ClOtJ ~ 'QUOTATION I/i;;;'i 117. úN¿~ ¡11 tI ({IO ¡0 SetJf'", - Hkþii~~1 Fr'f-·t'r~ j-tr'--/.. -rh.c.'~>é'J<;øI ft/;~~-Hµp'jl~ ¡';,~err- f'I'\";¿ ,..,.¿.J- /~~ - NOTE: This Formal Quotation is based on the total amount of the Formal Quotation. The basis of award will be the lowest correct total amount. The contractor should field verify the actual site conditions prior to time of bidding and before submitting the Formal Quotation proposal. The contractor should read the spedal conditions and the requirements for insurance before submitting a Formal Quotation proposal. The contractor should verify the quantities to be induded in the construction contract. The contractor shall furnish St. Lucie County with a Public Construction Bond in 100% of the total estimated amount of the contract. The Public Construction Bond shall continue in effect for two (2) years after completion and acceptance of the work as guarantee against construction defects. The cost of said bond shall be included by the contractor in his Formal Quotation. Testing shall be at the expense of St. Lucie County, except for faHing tests, which shall be charged to the contractor. The County Reserves the right to reject all Formal Quotations. 00300-2(A) SECTION 00420 TRENCH SAFEïY ACT COMPLIANCE STATEMENT Project Name Project Number Project Location 16" FORCE MAIN - U,S. HIGHWAY #1 ïO LlFï STATION 'A' OR \'\fVVTP See Plans Instructions: Chapter 90-96 of the Laws of Florida requires all contractors engaged by St. Lucie County, Florida to comply with Occupational Safety and Health Administration Standard 29 C.F.R. s. 1926.650 Subpart P. All prospective contractors are required to sign the compliance statement and provide compliance cost information where indicated below, ïhe costs for complying with the Trench Safety Act must be incorporated into this project's base Formal Quotation. Certify this form in the presence of a notary public or other officer authorrzed to administer oaths. 1.0 Certification. 1.1 ¡ understand that Chapter 90-96 of the Laws of Florida (The ïrench Safety Act) requires me to comply with OSHA Standard 29 C.F.R. s. 1926.650 Subpart P. I will comply with The ïrench Safety Act and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this project. 1.2 The estimated cost imposed by compliance with The Trench Safety Act will be: / I; ? i- 5, ~ Dollars E /evetJ -¡-JLtU->¿fNJlht-ê~- /fu~eÁ ( Çe vewT7- FIve. RNd (~vritten) (Figures) 1.3 The amount listed above has been included within the Base Formal Quotation. By: 04JJf/(éL é6íJ1!:á/v';'ê 5 Æ A ~/ ¡Pn sident's Signature) f2- CN ¡2r'TR- K _ V ¡' c e.. ftE [ ;c:fV:Al ì -1- /J C Certified: (Company-Contractor) (Presidenf's Typed or Printed Name) 2.0 Notarization. ) Sworn to and subscribed before me in St. Lucie County, Florida on the :;;{ 1r"' day of 'I; , þ 20 ,.. / t..J V1 þ1I __, .fJ...k.... J Notary Public: i My Commission ~irês: i !-À !-{'0 / . 00420-1 SECTION 00300 FORMAL QUOTATION FORM Board of Countv Commissioners St. Lucie County. Florida 2300 Virginia Avenue Ft. Pierce, FL 34982 Ditchdiggers, Inc ( BIDDER'S COMPANY NAlvlE) I have received the documents titled "16" FORCE MAIN U.S. HIGHWAY #1 TO LIFT STATION 'A' OR WWTP", I have also received addendum number -=-- through --=- Of appropriate) and have included their provisions in my Formal Quotation. I have examined both the Formal Quotation documents and the construction site and submit the following Formal Quotation În which I agree: 1. To hold my Forma! Quotation open until' an agreement has been executed between St. Lucie County and accepted Bidder, including receipt of the Public Construction and Maintenance Bonds, or until 180 days after Formal Quotations are opened, whichever is longer 2. To enter into and execute a Contract on the basis of this Formal Quotation and to furnish a 100% Public Construction Bond in accordance with the Instructions to bidders to guarantee my workmanship and materials to be free from construction defects for a period of not less than two (2) years, if this Formal Quotation is accepted. 3. To accomplish the work included in, and in accordance with the Contract Documents, if this Formal Quotation is accepted. 4. To start work within ten (10) calendar days from the date of the Notice to Proceed and thereafter to complete the work within the time as stipulated within the provisions of the contract, if this Formal Quotation is accepted. 5. Regarding Compensation for the proposed work: if this Forma! Quotation is accepted, I will construct this project on a unit price basis as reflected in the Formal Quotation Unit Price Schedule on pages 300-2 of this Formal Quotation. 6. Regarding the Award of the Contract: if I am awarded a contract for this project, I understand that the award may be for all or any portion thereof of the items listed under the Formal Quotation Unit Price Schedule. 00300-1 FORMAL QUOTATION PRICE SCHEDULE FORMAL QUOTATION # 100 16" FORCE MAIN - U.S. HIGHWAY #1 TO LIFT STATION 'A' OR WWTP General: The Contractor shall furnish all labor, superintendence, materials, plant, power, fight, fuel, water, tools, appurtenances, equipmer¡t, supplies and air other means of construction of properly performing the work em escnp Ion nr uan rty nee oa 1 Mobillzatìon ¡ LS , 1 I $35,000.00 ;$35,000 2 Performance/Payment Bond I LS 1 1$75,000 $75,000.00 3 Testing Concrete/Soils, Etc. LS I 1 1$25,000 $25,000.00 4 MOT I LS 1 $75,000 $75,000.00 5 Survey & As-buiJts LF 7,900 $5.00 $39,500.00 6 16" PVC C-905 DR 18, CL 235 Force Main LF 6,740 $67.00 $451,580.00 7 30"/16" Jack & Bore LF 260 $685.32 $178,183.20 8 16" Directional Bore i LF 900 $195.00 $175,500.00 I 9 Bridge Crossing LS 1 $477,485 $477,485.00 10 Air Release Valve Assembly lEA 2 $1,206.3¿ $2,412,68 11 120" DuckbiH Valve EA 1 $38,340 $38,340.00 12 20" Plug Valves EA 2 $13,404 $26,808.00 13 16" Gate Valves EA 2 1$7,157 $14,314.00 14 116" Plug Valve EA 1 $5,395 , $5,395.00 i 15 6" Gate Valve lEA 1 1$800 $800.00 MJ Fittings W/Restraints Epoxy Coated ! 4 16 I Ton $66,492 $265,968.00 17 i20" FM Connection @ Existing Manho!e EA 1 $52,000 $52,000.00 It D . f Unit U "t Q n P " Estimated T t r , f Continued on Page 00300-2(A) rï:~-ECEIVED ! i ,,:ì,' JUN 2 3 2006 i i _ ¡ / ! , . ' / I ~BY: (../-!ï [f'í!e5 ì -=:./ 00300-2 CDntinued from Page D0300-2 18 120" Tie-Into Existing LS 1 1$27,500 $27,500.00 19 fCap Existing 20" HDPE FM LS I 1 1$7,500 i $7,500.00 20 ¡Connect to existing 16" FM LS I 1 $7,500 1 $7,500.00 21 Pigging 16" FM LF 7,900 $1 0.00 $79,000.00 ~. 22 116" permanent Pig Assembly WI Vault EA 1 1$19,678 $19,678.00 23 Re~ocate DDCV I LS 1 I $12,000 $12:000,00 24 ¡Dewatering LS 1 1$120,000 $120,000,00 0 25 fRestoration - Sod SY 5,950 1$3.75 $22,312.50 26 Restoration - Planter LS 1 $1,500 $1,500.00 27 ¡Restoration - Concrete Flume ! LS J 1 1$1.500 $1,500,00 28 Restoration - Concrete Sidewalks SY 75 $72.00 $5,400.00 29 IRestoration - Asphalt Driveways I SY 185 $20.00 $3,700,00 30 Restoration- Asphalt Parking Lot SY 177 $20.00 $3,540.00 31 IRestoration - Patch Roadway SY 300 $20.00 , $6,000.00 I 32 Restoration - Patch, Mill & Resurface 1 Lane SY 3,360 $40.00 $134,400.00 TOTAL AMOUNT OF FORMAL I I 1$2,389,816.38 QUOTATION Item Description Unit Unit Quantity PrÎCe Estimated Tota! NOTE: This Formal Quotation is based on the total amount of the Formal Quotation. The basis of award will be the lowest correct total amount. The contractor should field verify the actual site cot1dìtions prior to time of bidding and before .submitting the Formal Quotation proposal. The contractor should read the special conditions and the requirements for insurance before submitting a Formal Quotation proposal. The contractor should verify the quantities to be included in the construction contract. The contractor shall furnish St. Lucie County with a Public Construction Bond in 100% of the total éstimated amount of the contract. The Public Construction Bond shall continue in effect for two (2) years after completion and acceptance of the work as guarantee against construction defects. The cost or said bond shall be included by the contractor in his Formal Quotation. Testing shaH be at the expense of St. Lucie County, except for failing tests. which shall be charged to the contractor. The County ReseiVes the right to reject all Formal Quotations. OCì300-2(Þ.) SECTION 00420 TRENCH SAFETY ACT COMPLIANCE STATEMENT Project Name Project Number Project Location 16" FORCE MAII'-J - U.S. HIGHWAY #1 TO LIFT STATION ',4' OR WWTP See Plans Instructions: Chapter 90-96 of the Laws of Florida requires all contractors engaged by St. Lucie County, Florida to comply with Occupational Safety and Health Administration Standard 29 C.F.R. s. 1926.650 Subpart P. All prospective contractors are required to sign the compHance statement and provide compiiance cost information where indicated below. The costs for complying with the Trench Safety Act must be incorporated into this project's base Formal Quotation. Certify this form in the presence of a notary public or other officer authorized to administer oaths. 1.0 Certification. .. 1.1 ) understand that Chapter 90-96 of the Laws of Florida (The Trench Safety Act) requires me to comply with OSHA Standard 29 C.F.R. s. 1926.650 Subpart P. wH! comply with The Trench Safety Act and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this project. 1.2 The estimated cost imposed by compHance with The Trench Safety Act will be: $25,000,00 Dollars Twenty Five Thousand Dollars and No/100 (Writien) (Figures) 1.3 T~;ed above has been included within the Base Formal Quotation. , ¡ C Di;~~~:;,gc~:~,~c Certified: By: (President's Signature) Robert S Holmes (President's Typed or Printed Name) 2.0 Notarization. Sworn to and subscribed before me in St. Lucie County, Florida on the 23rd day of June ,2009. \ Notary Public: My Commissio ífJv~ (affrx sealj r #~ JA~ES DOUGLAS ;;;-;""".- , < ~. ~,~ MY COMMISSION'" ;)¡).;22\i6# ....( or'i1.~'" EXPIRSS; -"",:, Zi. ~. !4G7j 398-015:2 ~ir~ ~~.~ 00420-1