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HomeMy WebLinkAboutAgenda Packet 12-05-06 ~.þ . December 5, 200e e.oo P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OF' ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAtS 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 aSRs anyone wishing to speaR 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 aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup 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 worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. 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 \172) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Chris Craft, Chairman Jo.eph E. Smith, Vice Chairman Doug Cowarel Paula A. Lewis Charle. Granele District No. I District No. I District NO.2 District No. J District No.4 BOARD OF COUNTY COMMISSIONERS www.co..t-Iucle.fl.u. December I, 200e e.oo P.M. J_.. OC\I\ ~i L-f Z 4- -=- 4e"'~ ~ '1C1ìc. ~\, A ~ .JL hQ(L+ ~ Invocation Pleelge of Allegiance ~rOQJ 4'\V ~ 1)/0 2. MINUTES Approve the minutes of the meeting held on November 28, 2006 PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentation for December 5, 2006. 4. .~\ CONSENT AGENDA ~V~ L~·f~ /~ ~~ N\-eJ. tòr d b><_u-ss ¡ U'Y\ ~lAl\ ~ ct-fn~iV'\ ~-e~C{4 -L 6 L-- I N Ql "- L})\ [.)! I J-Io ,,) J. GENERAL PUBLIC COMMENT I~Tf)J COUNTY ATTORNEY Û Ù n{ ~ 1\ Second Reading of Ordinance No. 06-045 - Amend Historic Preservation r 1 \ r f) /\.) Ordinances - Consider staff recommendation to adopt Ordinance no. 06-045. I~; COUNTY ATTORNEY ~~. (ú( V Ordinance No. 06-051 - All Terrain Vehicle Operation on Unpaved Roadways - Consider staff f '\ recommendation to adopt proposed Ordinance No. 06-051. IC. \ COUNTY AnORNEY (\", r!NO Ù Petition for Abandonment - Petition to abandon a 12 foot Utility Easements in Lexington Square Between \ \5X '?: Dots 16 & 17 - Resolution No. 06-341 - Consider staff recommendation to approve Resolution No. 06-341, Y) instruct staff to publish the Final Notice of Abandonment, record Resolution No. 06-341, 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. ~~~~i~ fU)/D COUNTY ATTORNEY Petition to Exchange - Exchange a portion of Gordy Road for property associated with the pending DR! application of Provences - Resolution No. 06-342 - Consider staff recommendation to continue the Public Hearing to December 19, 2006 at 6:00 p.m. or as soon thereafter as possible. Regular Agenela December I, 200e Page Two IE. (º' ~ GROWTH MANAGEMENT r~'rrN Consider Draft Resolution 06-298 approving the request of the Board of County Commissioners for a Change ~~~/^. in Zoning from the RS-2 (Residential, Single Family - 2 units per acre) Zoning District to the AR-1 (Agricultural, Residential - 1 unit per acre) Zoning District) for property located south of Peterson Road on both sides of Bennett Road (File No. RZ-06-038) - Consider staff recommendation to approve Resolution 06-298 granting the Board of County Commissioners request for a Change in Zoning from the RS-2 (Residential, Single - Family 2 units per acre) Zoning District to the AR-1 (Agricultural, Residential - 1 unit per acre) Zoning District for 29 lots in the area. ~')'~GROWTH MANAGEMENT \~\~ ~ Petition of Johnston Road Development Group, L.LC for a Development Agreement (DVA-06-002) for the , , 6 project I:mown as Rocbing Horse Ranch for property located at the southwest corner of the intersection of 'D,\ I> Johnston Road and the Indian River County line. - Consider staff recommendation to adopt DVA 06-002. IG.~ ~f"D GROWTH MANAGEMENT Petition of Johnston Road Development Group, L.L.C for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Rocbing Horse Ranch) Zoning District and Final Planned Development Site Plan Approval for the project bnown as Rocbing Horse Ranch for property located at the southwest corner of the intersection of Johnston Road and the Indian River County line. - Draft Resolution No. 06-300 - Consider staff recommendation to approve Draft Resolution No. 06-300, subject to 15 limiting conditions of approval. I~~ ¿,.,\COUNTY AnORNEY ~~~ :/ .» Ordinance No. 06-021 - Amending Chapter 1-13.8 (Noise Control) - Consider staff recommendation to adopt 1)' proposed Ordinance No. 06-021 as drafted. II. (eY\GROWTH MANAGEMENT \)\)(L\I Proposed Amendment to Chapter 5, Land Development Code, Concurrency Management, adoption hearing- \\ \ / r; Consider staff recommendation to adopt. Ordinance No. 06-047 for adoption by ,the Board of County 4') ~' Commissioners. 100+107'\ +0 C\.~þrave. w ,\-h Chuí\~e) C\.S .sk -\--wt ~ t-.Ar. 'tJ IX, ÇUL.J+h t\c\V\o.~el>-tEd ~JX'( c- WI" . END OF PUBLIC HEARINGS Regular Agenela December I, 2006 Page Three ~·t,Ò\ {IJ'I ~~jO D ADMINISTRATION Community Budget Issue Request (CBIR) / Legislative Issue Requests - authorize the County Administrator to submit Community Budget Issue and Legislative Issue requests for the fOllowing items: Community Budget Issue Requests · St. Lucie County Airport ($3,000,000) í~OV' f\v\~~} Legislative Issue Requests · State and County Hurricane Cost-Sharing Plan · Towns-Villages-Countryside Improvement District · County Jails Housing State Prisoners · State Trust Fund for SHIP and Transportation Disadvantaged · Medicaid Nursing Home and Hospital Billings 7r ~ ( l'>..Ie ~'/ \) I. \ ( 1 \; . ~(.. [)\ v ~\\5fl Consider staff recommendation to authorize the County Administrator to submit the CBIR Requests and the five Legislative Issue Requests. ADMINISTRATION Community Budget Issue Request (CBIR) - authorize the County to partner with the Treasure Coast Education and Research Development Authority in submitting the fOllowing two CBIRs: · Treasure Coast Research and Education Parb Office Center ($4,000,000) · Relocation of UF/IFAS Field Operations ($7,488,000) Consider staff recommendation to authorize the County to partner with the Treasure Coast Education and Research Development Authority in submitting the two CBIR requests. COUNTY AnORNEY Amended Funding Request regarding New Horizons - Consider staff recommendation to accept the recommendation of New Horizons. - ..··m ,~<><"'. ..0 ~. CONSENT AGENDA "., ."" "'j ITi"'" I. WARRANTS Approve warrant list No 9. 2. COUNTY AnORNEY A. Extension of Declaration of State of Local Emergency - Indian River Drive - Consider staff recommendation to approve the Declaration and authorize the Public Safety Director to sign the Declaration. B. Palm Labe - Facilities Use Agreement with Wave Blasters of Florida Model Boat Club - Consider staff recommendation to approve the proposed Facilities Use Agreement with Wave Blasters of Florida for use of Palm Labe, and authorize the Chairman to sign the agreement. C. Donation of Right of Way - Xenon, S.A., a Switzerland Corporation - 9 feet of Prima Vista Blvd - Resolution No. 06-375 - Consider staff recommendation to accept the Warranty Deed, authorize the Chairman to sign Resolution No. 06-375 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. D. Florida Communities Trust - Hacbberry Hammocb / FCT Project 05-069-FF5 - Option Agreement for Sale and Purchase - Riverview Developers, LC and Royal Professional Builders, Inc. - Part of Tax I.D. No. 3232-211-0001-000/7 - Consider staff recommendation to approve the Option Agreement for the donated parcel as shown in pinh on the attached map, authorize the Chairman to execute the Option Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. E. Resolution No. 06-376 - Authorizing the Creation of the Space Needs Advisory Ad Hoc Committee and Providing for Duties and Functions of the Committee - Consider staff recommendation to adopt the attached Resolution No. 06-376 as drafted. J. PUBLIC WORKS A. US 1 and Indrio Road Intersection Improvements - First Amendment to Worb Authorization No.2 with LBFH, Inc., for Construction Engineering and Inspection Services for a time extension only - Consider staff recommendation to approve the First Amendment to Worb Authorization No. 2 with LBFH, Inc., for US 1 and Indrio Road Intersection Improvements, for a time extension in which all worh shall be completed on or before June 1, 2007. There will be no change to the contract amount. Authorize the Chairman to sign. B. Accept the project, release the retainage in the amount of $21,747.00, and provide Final Payment to Contract #C06-02-141 in the amount of $21,359.50 (Deducting for failed laboratory test and overtime in the amount of $387.50) to Ferreira Construction Co., Inc. for the construction of the Hidden River Estates Emergency Repair project - Consider staff recommendation to accept the project, release the retainage in the amount of $21,747.00, and provide Final Payment to Contract #C06-02-141 in the amount of $21,359.50 (Deducting for failed laboratory test and overtime in the amount of $387.50) to Ferreira Construction Co., Inc. for the construction of the Hidden River Estates Emergency Repair project. C. Award of RFP No. 07-004 - Continuing Services Contract for Utility Design Services for MSBU Projects _ Consider staff recommendation to approve the shortlist, grant permission to negotiate with the six ? \ \ í, firms: Camp Dresser & McKee, Inc., Kimley-Horn and Associates, Inwood Consulting Engineers, Keith \ \ e... v\ and Schnars, Engineering Design & Construction, and Masteller & Moler and authorize the Chairman to í ò;~~~\· \~~~gn~\:\~ ~,~~;:::h\~ Co~::;o~ey~e-I ncL~J ¡ ~ r~vl~+. ---(0 ( Con.ent Agenela December I, 2006 Page Two 4. AIRPORT A. Budget Resolution No. 06-331 for the Florida Department of Transportation (FDOl) Joint Participation Agreement (JPA) in the amount of $227,000 with a local match of $57,000 for a total project cost of $284,000 for the taxiway shoulder and drainage project at the St. Lucie County International Airport - Consider staff recommendation to approve Budget Resolution No. 06-331 for the Florida Department of Transportation (FDOl) grant in the amount of $227,000 with a local match of $57,000 for a total cost of $284,000 for the taxiway Shoulder and Drainage project at the St. Lucie County International Airport, and have the Chair or designee execute the same. B. Kimley-Horn Worb Authorization to survey and provide legal descriptions for the Air Charter of Florida, Inc., d/b/a Jet Service Center at the St. Lucie County International Airport - Consider staff recommendation to approve Kimley-Horn Worb Authorization for $11,600 to survey and provide legal descriptions for the Air Charter of Florida, Inc., d/b/a Jet Service Center at the St. Lucie County International Airport and authorize the Chair or designee to execute same. I. PURCHASING A. First Amendment to Contract C06-10-585 with Interstate Express, Inc. for Courier Services for the 19th District Court System - Consider staff recommendation to approve the First Amendment to Contract C06-10-585 with Interstate Express, Inc. to increase the daily rate $20.00 and permission for the Chairman to sign the contract amendment as prepared by the County Attorney. B. Fixed Asset Inventory-Property Record Removal - St. Lucie County Board of County Commissioners Departments - Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. C. Fixed Asset Inventory-Property Record Removal - St. Lucie County Clerb of Courts - Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. D. Fixed Asset Inventory-Property Record Removal - St. Lucie County Health Department - Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. E. Fixed Asset Inventory-Property Record Removal - St. Lucie County Property Appraiser - Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. F. Fixed Asset Inventory-Property Record Removal - St. Lucie County Supervisor of Elections - Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. G. Fixed Asset Inventory-Property Record Removal - St. Lucie County Tax Collector - Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. H. Award of Bid No. 07-015 - Tradition Field American Disability Act (ADA) Compliance - Consider staff recommendation to award Bid No. 07-015 - Tradition Field ADA Compliance to the low bidder, Hennis Construction, for the total amount of $367,910.00, and authorize the Chairman to sign the contract as prepared by the County Attorney. 6. INVESTMENT FOR THE FUTURE Manufactures Product Care (MPC) - Installation of Protect-All Specialty Flooring/Rocb Road Jail - Correction of cost shown in the recommendation staff to the BOCC on Nov. 14, 2006, Agenda Item No. C-17 to include cost of floor preparation - Consider staff recommendation to approve the correction of cost in the amount of $43,052.00 for floor installation by (MPC) as shown in the recommendation by staff to the Board on November 14,2006, Item No. C17, to include the addition of cost for the floor preparation that will not exceed $3,719.00. Therefore, the new total cost for floor prep (not to exceed $3,719.00) and installation ($43,052.00) will be $46,771.00. Con.ent Agenela December I, 2006 Page Three 7. CENTRAL SERVICES Millennium Marble Tile, Inc. - Contract No. C06-10-567 - Release of retainage - Courthouse Annex-Removal of lower row granite façade panels that are mechanically fastened, and if required, corrections, adjustments and/or repair to upper panel anchoring system - Consider staff recommendation to approve release of retainage in the amount of $8,975.70, to Millennium Marble Tile for the Courthouse Annex granite façade project. I. GRANTS A. Staff recommends the Board approve the submittal of a preliminary grant application to the Department of Justice for funding to assist in the implementation of a Mental Health Court in St. Lucie County. The award amount would not exceed $250,000 with a match no larger than $50,000, including in-bind services. B. Staff recommends the Board authorize the submittal of the grant application to Cargill, Inc. for funding of no more than $60,000 to be used toward the development and construction of a $132,000 educational exhibit at the Oxbow Eco-Center, and acceptance of the grant, if awarded. C. Staff recommends the Board authorize the submittal of a grant application to the American Library Association, Association for Library Service to Children, Summer Reading Program, requesting $3,000 to further the Waggin' Tales program to provide a summer reading and literacy program for children. 9. CULTURAL AFFAIRS Authorize the serving of beer and wine at the St. Lucie County Marine Center for the St. Andrew's School Christmas Party to be held the evening of December 9, 2006 - Consider staff recommendation to authorize authorization to serve beer and wine at the St. Lucie County Marine Center for the St. Andrew's School Christmas Party to be held the evening of December 9, 2006. 10. INFORMATION TECHNOLOGY Request board approval for MGT of America to provide an update to their study of the Information Technology department. The consulting services provided by MOT of America are part of the State of Florida contract #973-561-06-1 - Consider staff recommendation to approve the request for the consultant to conduct a study of the IT Department and sign the proposal agreement in the amount of $61,518.00. ANNOUNCEMENTS December I, 2006 Meeting Changes: . 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 proposed TVC Stewardship District Worbshop will be held Wednesday, December 6, 2006 at 2:30 p.m. in the County Commission Chambers. 2. Port St. Lucie Branch Library 35th anniversary on Friday, December 8th at 10:00 a.m. Artist Carmen Zwiebach will unveil a new painting to be hung in the library's reading room. Library is located at 180 SW Prima Vista Blvd., Port St. Lucie. For more information call 871-5450. 3. The County Commissioners will hold a Geoplasma Worbshop on Friday, December 8, 2006 at 9:00 a.m. in the County Commission Chambers. 4. The County Commissioners will hold a Worbshop on Rangeline Road Utilities on Friday, December 15, 2006 at 2:00 p.m. in the County Commission Chambers. 5. Party In The Parb will be held on Saturday, January 20, 2007, from 10:00 a.m. to 3:00 p.m. at the Fort Pierce Inlet State Parb. 6. The Board of County Commissioners is currently accepting applications to fill vacancies on the various Boards and Committees. Anyone wishing to apply can obtain an application from the St. Lucie County Administration office. For more information please call Missy Stiadle 462-1156. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be 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 \172) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD O' COUNTY COMMISSIONERS ADDIIIONS AGENDA Decembe. 5, 2006 CONSENT AGENDA CAI. COMMISSIONER GRANDE Ratification committee appointments - Consider staff recommendation to ratify the appointments made by Comm. Grande. CA2. SOLID WASTE Staff requests Board approval to purchase one fuel trucb from Fontaine Trucb Equipment Company in the amount of $127,589 under an emergency purchase. This fuel trucb was approved in the budget process. (EQ07-249) - Consider staff recommendation to approve the purchase of one fuel trucb from Fontaine Trucb Equipment Company in the amount of $127,589.00 under an emergency purchase. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462- 1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. , December 5, 200. 6.00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETING' 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 PDAtS 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 aSRs anyone wishing to speaR 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 aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup 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 worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co..t-Iucie.fl.u. Chris Craft, Chairman Jo.eph E. Smith, Vice Chairman Doug Cowarel Paula A. Lewis Charle. Grande District No. I District NO.1 District NO.2 District No. J District No.4 December I, 2006 6.00 P.M. Invocation Pleelge of Allegiance I. MINUTES Approve the minutes of the meeting held on November 28, 2006 2. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentation for December 5, 2006. J. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ¡ COUNty AnORN~ - PURLlC HEARINGS . .. Second Reading of Ordinance No. 06-045 - Amend Historic Preservation Ordinances - Consider staff recommendation to adopt Ordinance no. 06-045. j J. ~. and Historical Commission COUNTY ATTORNEY Ordinance No. 06-051 - All Terrain Vehicle Operation on Unpaved Roadways - Consider staff recommendation to adopt proposed Ordinance No. 06-051. COUNTY ATTORNEY Petition for Abandonment - Petition to abandon a 12 foot Utility Easements in Lexington Square Between Lots 16 & 17 - Resolution No. 06-341 - Consider staff recommendation to approve Resolution No. 06-341, instruct staff to publish the Final Notice of Abandonment, record Resolution No. 06-341, 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. COUNTY AnORNEY Petition to Exchange - Exchange a portion of Gordy Road for property associated with the pending DRI application of Provences - Resolution No. 06-342 - Consider staff recommendation to continue the Public Hearing to December 19, 2006 at 6:00 p.m. or as soon thereafter as possible. Regular Agenela December S, 2006 Pot Two ~. GROWTH MANAGEMENT Consider Draft Resolution 06-298 approving the request of the Board of County Commissioners for a Change in Zoning from the RS-2 (Residential, Single Family - 2 units per acre) Zoning District to the AR-1 (Agricultural, Residential - 1 unit per acre) Zoning District) for property located south of Peterson Road on both sides of Bennett Road (File No. RZ-06-038) - Consider staff recommendation to approve Resolution 06-298 granting the Board of County Commissioners request for a Change in Zoning from the RS-2 (Residential, Single - ~ Family 2 units per acre) Zoning District to the AR-1 (Agricultural, Residentia.1 - 1. unit per acre) ZoningD istr. i~ for 29 lots in the area. ~ ~ ,-þ' "'""^ If .?6 f ¿fIIO ? .Æ /¿17....4 -'Î-4 . GROWTH MANAGEMENT P 1k> ~ x:.-ccrt7ð- Petition of Johnston Road Development Group, L.L.C r a Development Agreement (DVA-06-00{~ project bnown as Rocbing Horse Ranch for prope located at the southwest corner of the intersection of ¡J Johnsto dian River County line. - onsider staff recommendation to adopt DVA 06-002. (".; ¡,(ill .¡ þ",e Þ e'_ c...~ '" r ~,,»-rcté-;----: ~~ ~ ~.::t ' . OWTH MANAGEMENT /h.-~ ,;L ~ p . - ~ -~ ".F _~~-;. ~-f ~.r;j ~, Petition of Johnston Road Development Group, LL.C for a Change in ~ing from tne AG-1 (Agricultural - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Rocbing Horse Ranch) Zoning District and Final Planned Development Site Plan Approval for the project bnown as Roching Horse Ranch for property located at the southwest corner of the intersection of Johnston Road and the Indian River County line. - Draft Resolution No. 06-300 - Consider s!Pff recommendation to approve Draft Resol~ion No. 06-300, subject to 15 limiting conditions of approval. ~ I'M tA- /5 ?,(J. /l F~ /J /~ '/'Y . CJð JH. COUNTY AnORNEY û-- /d ~ /l.-....-t 70 ~-'- ~~~ Ordinance No. 06-021 - Amending Chapter 1-13.8 (Noise Control) - Consider staff recommendation to adopt proposed Ordinance No. 06-021 as drafted. 5- / GROWTH MANAGEMENT \7 Proposed Amendment to Chapter 5, Land Development Code, Concurrency Management, adoption hearing- Consider staff recommendation to adopt Ordinance No. 06-047 for adoption by the Board of County Commissioners. END OF PUBLIC HEARINGS -~ Regular Agenela December S, 2006 Page Three lit 6. ADMINISTRATION Community Budget Issue Request (CBIR) / Legislative Issue Requests - authorize the County Administrator to submit Community Budget Issue and Legislative Issue requests for the following items: Community Budget Issue Requests · St. Lucie County Airport ($3,000,000) Legislative Issue Requests · State and County Hurricane Cost-Sharing Plan · Towns-Villages-Countryside Improvement District · County Jails Housing State Prisoners · State Trust Fund for SHIP and Transportation Disadvantaged · Medicaid Nursing Home and Hospital Billings " ....::;¡:of L ,;-?-> c.~~ ~.4,.t? /'/O/-rb Consider staff recommendation to authorize the County Administrator to submit the CBIR Requests and the five Legislative Issue Requests. 7. ADMINISTRATION Community Budget Issue Request (CBIR) - authorize the County to partner with the Treasure Coast Education and Research Development Authority in submitting the following two CBIRs: · Treasure Coast Research and Education Parb Office Center ($4,000,000) · Relocation of UF/IFAS Field Operations ($7,488,000) Consider staff recommendation to authorize the County to partner with the Treasure Coast Education and Research Development Authority in submitting the two CBIR requests. 8. COUNTY AnORNEY Amended Funding Request regarding New Horizons - Consider staff recommendation to accept the recommendation of New Horizons. >=<i_=<<<· T CONSENT AGENDA -=- 11f$1V' ~._. mrw I. WARRANTS Approve warrant list No 9. 2. COUNTY AnORNEY A. Extension of Declaration of State of Local Emergency - Indian River Drive - Consider staff recommendation to approve the Declaration and authorize the Public Safety Director to sign the Declaration. B. Palm Labe - Facilities Use Agreement with Wave Blasters of Florida Model Boat Club - Consider staff recommendation to approve the proposed Facilities Use Agreement with Wave Blasters of Florida for use of Palm Labe, and authorize the Chairman to sign the agreement. C. Donation of Right of Way - Xenon, SA, a Switzerland Corporation - 9 feet of Prima Vista Blvd - Resolution No. 06-375 - Consider staff recommendation to accept the Warranty Deed, authorize the Chairman to sign Resolution No. 06-375 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. D. Florida Communities Trust - HacRberry Hammocb / FCT Project 05-069-FF5 - Option Agreement for Sale and Purchase - Riverview Developers, LC and Royal Professional Builders, Inc. - Part of Tax J.D. No. 3232-211-0001-000/7 - Consider staff recommendation to approve the Option Agreement for the donated parcel as shown in pinb on the attached map, authorize the Chairman to execute the Option Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. E. Resolution No. 06-376 - Authorizing the Creation of the Space Needs Advisory Ad Hoc Committee and Providing for Duties and Functions of the Committee - Consider staff recommendation to adopt the attached Resolution No. 06-376 as drafted. J. PUBLIC WORKS A. US 1 and Indrio Road Intersection Improvements - First Amendment to WorR Authorization No.2 with LBFH, Inc., for Construction Engineering and Inspection Services for a time extension only - Consider staff recommendation to approve the First Amendment to Worb Authorization No. 2 with LBFH, Inc., for US 1 and Indrio Road Intersection Improvements, for a time extension in which all worb shall be completed on or before June 1, 2007. There will be no change to the contract amount. Authorize the Chairman to sign. B. Accept the project, release the retainage in the amount of $21,747.00, and provide Final Payment to Contract #C06-02-141 in the amount of $21,359.50 (Deducting for failed laboratory test and overtime in the amount of $387.50) to Ferreira Construction Co., Inc. for the construction of the Hidden River Estates Emergency Repair project - Consider staff recommendation to accept the project, release the retainage in the amount of $21,747.00, and provide Final Payment to Contract #C06-02-141 in the amount of $21,359.50 (Deducting for failed laboratory test and overtime in the amount of $387.50) to Ferreira Construction Co., Inc. for the construction of the Hidden River Estates Emergency Repair project. Award of RFP No. 07-004 - Continuing Services Contract for Utility Design Services for MSBU Projects - Consider staff recommendation to approve the shortlist, grant permission to negotiate with the six firms: Camp Dresser & McKee, Inc., Kimley-Horn and Associates, Inwood Consulting Engineers, Keith and Schnars, Engineering Design & Construction, and Masteller & Moler and authorize the Chairman to sign contracts as prepared by the County Attorney. Con.ent Agenela December S, 2006 Page Two 4. AIRPORT A. Budget Resolution No. 06-331 for the Florida Department of Transportation (FDOn Joint Participation Agreement (JPA) in the amount of $227,000 with a local match of $57,000 for a total project cost of $284,000 for the taxiway shoulder and drainage project at the St. Lucie County International Airport - Consider staff recommendation to approve Budget Resolution No. 06-331 for the Florida Department of Transportation (FDOn grant in the amount of $227,000 with a local match of $57,000 for a total cost of $284,000 for the taxiway Shoulder and Drainage project at the St. Lucie County International Airport, and have the Chair or designee execute the same. B. Kimley-Horn Worb Authorization to survey and provide legal descriptions for the Air Charter of Florida, Inc., d/b/a Jet Service Center at the St. Lucie County Intemational Airport - Consider staff recommendation to approve Kimley-Hom Worb Authorization for $11,600 to survey and provide legal descriptions for the Air Charter of Florida, Inc., d/b/a Jet Service Center at the St. Lucie County International Airport and authorize the Chair or designee to execute same. 5. PURCHASING A. First Amendment to Contract C06-10-585 with Interstate Express, Inc. for Courier Services for the 19th District Court System - Consider staff recommendation to approve the First Amendment to Contract C06-10-585 with Interstate Express, Inc. to increase the daily rate $20.00 and permission for the Chairman to sign the contract amendment as prepared by the County Attomey. B. Fixed Asset Inventory-Property Record Removal - St. Lucie County Board of County Commissioners Departments - Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. C. Fixed Asset Inventory-Property Record Removal - St. Lucie County Clerb of Courts - Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. D. Fixed Asset Inventory-Property Record Removal - St. Lucie County Health Department - Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. E. Fixed Asset Inventory-Property Record Removal - St. Lucie County Property Appraiser - Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. F. Fixed Asset Inventory-Property Record Removal - St. Lucie County Supervisor of Elections - Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. G. Fixed Asset Inventory-Property Record Removal - St. Lucie County Tax Collector - Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. H. Award of Bid No. 07-015 - Tradition Field American Disability Act (ADA) Compliance - Consider staff recommendation to award Bid No. 07-015 - Tradition Field ADA Compliance to the low bidder, Hennis Construction, for the total amount of $367,910.00, and authorize the Chairman to sign the contract as prepared by the County Attorney. 6. INVESTMENT FOR THE FUTURE Manufactures Product Care (MPC) - Installation of Protect-All Specialty Flooring/Rocb Road Jail - Correction of cost shown in the recommendation staff to the BOCC on Nov. 14, 2006, Agenda Item No. C-17 to include cost of floor preparation - Consider staff recommendation to approve the correction of cost in the amount of $43,052.00 for floor installation by (MPC) as shown in the recommendation by staff to the Board on November 14, 2006, Item No. C17, to include the addition of cost for the floor preparation that will not exceed $3,719.00. Therefore, the new total cost for floor prep (not to exceed $3,719.00) and installation ($43,052.00) will be $46,771.00. Con.ent Agenda December S, 2006 Page Three 7. CENTRAL SERVICES Millennium Marble Tile, Inc. - Contract No. C06-10-567 - Release of retainage - Courthouse Annex-Removal of lower row granite façade panels that are mechanically fastened, and if required, corrections, adjustments and/or repair to upper panel anchoring system - Consider staff recommendation to approve release of retainage in the amount of $8,975.70, to Millennium Marble Tile for the Courthouse Annex granite façade project. 8. GRANTS A. Staff recommends the Board approve the submittal of a preliminary grant application to the Department of Justice for funding to assist in the implementation of a Mental Health Court in St. Lucie County. The award amount would not exceed $250,000 with a match no larger than $50,000, including in-bind services. B. Staff recommends the Board authorize the submittal of the grant application to Cargill, Inc. for funding of no more than $60,000 to be used toward the development and construction of a $132,000 educational exhibit at the Oxbow Eco-Center, and acceptance of the grant, if awarded. C. Staff recommends the Board authorize the submittal of a grant application to the American Library Association, Association for Library Service to Children, Summer Reading Program, requesting $3,000 to further the Waggin' Tales program to provide a summer reading and literacy program for children. .. CULTURAL AFFAIRS Authorize the serving of beer and wine at the St. Lucie County Marine Center for the St. Andrew's School Christmas Party to be held the evening of December 9, 2006 - Consider staff recommendation to authorize authorization to serve beer and wine at the St. Lucie County Marine Center for the St. Andrew's School Christmas Party to be held the evening of December 9, 2006. 10. INFORMATION TECHNOLOGY Request board approval for MGT of America to provide an update to their study of the Information Technology department. The consulting services provided by MGT of America are part of the State of Florida contract #973-561-06-1 - Consider staff recommendation to approve the request for the consultant to conduct a study of the IT Department and sign the proposal agreement in the amount of $61,518.00. mr¡¡¡¡m IDllilln r 1 1m ,~. ANNOUNCEMENTS December S, 2006 -- """""''''''"' Meeting Changes: . 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 proposed TVC Stewardship District WorRshop will be held Wednesday, December 6, 2006 at 2:30 p.m. in the County Commission Chambers. 2. Port St. Lucie Branch Library 35th anniversary on Friday, December 8th at 10:00 a.m. Artist Carmen Zwiebacb will unveil a new painting to be hung in the library's reading room. Library is located at 180 SW Prima Vista Blvd., Port St. Lucie. For more information call 871-5450. 3. The County Commissioners will hold a Geoplasma Worbshop on Friday, December 8, 2006 at 9:00 a.m. in the County Commission Chambers. 4. The County Commissioners will hold a Worbshop on Rangeline Road Utilities on Friday, December 15, 2006 at 2:00 p.m. in the County Commission Chambers. 5. Party In The Parb will be held on Saturday, January 20, 2007, from 10:00 a.m. to 3:00 p.m. at the Fort Pierce Inlet State Parb. 6. The Board of County Commissioners is currently accepting applications to fill vacancies on the various Boards and Committees. Anyone wishing to apply can obtain an application from the St. Lucie County Administration office. For more information please call Missy Stiadle 462-1156. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be 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. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 28,2006 Convened: 9:00 a.m. Adjourned: 10:47 a.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Charles Grande, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wamy, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Michael Brillhart, Economic & Strategic Development Director, Beth Ryder, Community Services Director, Jim David, Mosquito Control Director, Roger Shinn, Central Services Director, Ed Fry, Clerk of Courts, Leo Cordeiro, Solid Waste Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Smith, to approve the minutes of the meeting held November 14,2006 and November 21,2006, and; upon roll call, motion carried unanimously. 2. PROCLAMA TION/PRESENT A TIONS A. Resolution No. 06-371- Congratulating the St. Lucie Mets on winning their Fifth Florida State League Championship this 2006 season. It was moved by Com. Lewis, seconded by Com. Grande, to approve Resolution No. 06- 371, and; upon roll call, motion carried unanimously. B. Executive Round Table of St. Lucie County, Inc.- The audience and the Board viewed an HIV / AIDS Outreach Video. C. Ed Fry, Clerk of Court presented the Annual Financial Report and Excess Fees for Fiscal Year 2005-2006. D. Corine Williams, St. Lucie County Transit Manager demonstrated the Council on Aging entry for Electronic Media Promotion. 3. GENERAL PUBLIC COMMENTS None 4. CONSENT AGENDA Com. Grande requested the letter to the Glades County Board of County Commissioners urging them to reconsider their support for a coal fired power plant ( item C-11-A) be amended indicating the coal plant being proposed is not state of the art technology. It was moved by Com. Grande, seconded by Com. Coward to amend the letter as indicated by Com. Grande, authorized the Chairman to sign the letter and forward to the Glades County Board of County Commissioners, and; upon roll call, motion carried unanimously. 1 Com. Coward requested both bicycle and pedestrian paths be indicated as a separate bullet on item C-4 A. It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda as amended, with item C 7C pulled and addition ofCA-l, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No.8. 2. COUNTY ATTORNEY Resolution No. 06-345 - Changes to the St. Lucie County Investment Policy- The Board adopted Resolution No. 06-345 as drafted. The Clerk ofthe Court advised the County Attorney of a minor change in the policy. Page number 8, item IX., re-insert the words "and by the Board of County Commissioners". 3. PURCHASING A. Work Authorization No. 14- The Board approved Work Authorization No. 14 to Contract C05-04-170 with Masteller & Moler, Inc., in the amount of $164,500.00 and authorized the Chainnan to sign the work authorization as prepared by the County Attorney. B. Approval to Piggyback- The Board approved piggybacking the City of Delray Beach contract (Bid # 2002-37) with Chaz Equipment and authorized the Chainnan to sign the Continuing contract as prepared by the County Attorney. 4. ADMINISTRATION A. Midway Road Improvement Project- 1-95 to SR70- The Board authorized the Chainnan signing the letter to the Mayor of Port St. Lucie outlining the tenns and conditions for the Interlocal Agreement. B. Indian River Drive- Emergency Repairs- The Board approved the emergency actions recommended by the County Administrator and staff to maintain the structured integrity of Indian River Drive and to enter into a contract as prepared by the County Attorney with Ranger Construction to perfonn the work. 5. MANAGEMENT AND BUDGET A. Approval of Budget Amendment BA 06-175 and Resolution No. 06-335- The Board approved Budget Amendment BA 06-175 and Resolution No. 06-335 to cover fiscal year 2006 insufficient accounts and to recognize revenues from FEMA and the State for Hurricane related expenses. B. Approval of Budget Amendment BA 07-009 transferring funding to cover General Fund purchase orders that were rolled over from fiscal year 2006 - The Board approved Budget Amendment BA 07-009. C. Adopt Budget Resolution No. 06-347 to accept the grant award from the Florida Department of Community Affairs in the amount of $200,000 - The Board approved Budget Resolution No. 06-347 to implement the Emergency Management Residential Construction Mitigation Program. D. Acceptance of a reimbursement agreement FDOT - The Board approve Budget Resolution No. 06-322 in the amount of$I,081,502. accepting the reimbursement from the FDOT for Hurricane Wilma's debris removal, washouts and bridge repairs. 2 11/22/06 FZABWARR FUND 001 001177 001182 101 101002 101003 101004 101006 101213 102 102001 105 107 107001 107003 107006 107147 113 114 116 117 119 123 129 "I )001 140322 140323 160 170 183 183001 183004 185008 310002 310201 315 316 316301 401 418 ,451 461 471 491 505 611 615 ST. LUCIE COUNTY - BOARD WARRANT LIST #8 - 18-NOV-2006 TO 22-NOV-2006 FUND SUMMARY TITLE General Fund Section 112/MPO/FHWA/Planning 2006 CSBG Grant FY07 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT 25th St. Widening Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FDLE Edward Byrne Memorial JAG 06 Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Parks MSTU Fund Port & Airport Fund Port Fund Industrial Park West Development FDOT/Drainage Improvements AL643 Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA Hurricane Housing Recovery Impact Fees-Parks FDEP/FRDAP Ancient Oaks County Building Fund County Capital FDOT Intermodal Improvements Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund EXPENSES 224,334.92 152.33 409.32 530.00 172,844.03 35,944.40 8,865.24 54,341.81 673,798.88 7,022.47 89,381.41 1,758.35 7,972.47 1,150.00 1,548.29 94,298.28 13,215.29 233.02 507.91 568.21 141.44 885.56 297.00 427,130.00 40,876.20 433.74 187,807.24 2,600.39 1,089.77 17,961.30 315.27 520.00 639.10 1,706.56 59,398.03 27,105.49 4,326.61 3,732.00 90,696.00 280,522.24 3,969.15 34,997.48 5,280.77 425.80 6,080.10 68.85 1,500.00 33,365.76 PAGE PAYROLL 38,290.94 0.00 0.00 0.00 0.00 119.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 11/22/06 FZABWARR i FUND 630 650 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #8 - 18-NOV-2006 TO 22-NOV-2006 FUND SUMMARY TITLE EXPENSES Tax Deed Overbid Agency Fund Agency Fund Bank Fund 17,131.43 92.56 188.66 GRAND TOTAL: 2,640,161.13 PAGE PAYROLL 0.00 0.00 0.00 38,410.14 2 6. SHERIFF Budget Amendment for Miscellaneous Income- The Board approved the Sheriff s request for a budget amendment to increase the budget for miscellaneous revenues by $137,269. 7. AIRPORT A. Request approval of the 2007 AB Management Associates Consulting Agreement- SLC IntI. Airport- The Board approved the Consulting Agreement with AB Management Associates for an amount not to exceed $26,400 to provide Federal Government Affairs support services to facilitate the commissioning of the ASR-11 Radar, and funding for the proposed parallel runway, and to provide other services at the Federal level, and authorized the Chairman or designee to execute the same. B. Request for approval of Kimley-Horn Work Authorization Phase 3- The Board approved the Kimley Horn Work Authorization the amount of$8,115 for security fencing & culvert plan preparation, permitting assistance, bidding and construction phase services, and construction management for the St. Lucie County International Airport. C. This item was pulled. 8. PARKS AND RECREATION Equipment Request 07-292 Budget Amendment 07-018- The Board approved Equipment Request 07-292 and Budget Amendment No. 07-018 for the purchase of a combination snack and soda vending machine in the amount of $1650 for the Savannas Recreation Area. 9. MOSQUITO CONTROL Bear Point Mitigation Bank- Credit Reservation Agreement with CGW Mitigation Bank - The Board approved thee proposed Bear Point Mitigation Bank Credit Reservation Agreement with CGW Mitigation Bank, pending review and approval/changes of the Agreement by the County Attorney's Office and authorized the Chairman to sign the Agreement. 10. COMMUNITY SERVICES A. Approval of Resolution No. 06-372 , authorization to apply and accept the 2005/06 grant- The Board approved Resolution No. 06*372, the grant application, acceptance of the FT A grant and authorization for the Chairman to sign all documents necessary and approval of the Subgrant Agreement with Council on Aging for the implementation of the program. B. Authorize submission of Federal Appropriation request - The Board approved the submission of a Federal Appropriation request for buses and bus stop infrastructure. C. New Horizon's of the Treasure Coast Grant Agreement- The Board approved the First Amendment to Grant Agreement C06-06-556 in order to correct the amount from $680,411.00 to $748,452.00 and authorized the Chairman to sign all necessary documents. 3 D. Subgrant Agreement with Council on Aging- The Board approved the sub grant agreement with the Council on Aging of St. Lucie, Inc., for radio marketing of the Treasure Coast Connector, and authorized the Chairman to sign all the necessary documents. E. HOME CONSORTIUM- The Board approved the advertisement, bid selection, award and enter into a contract with the highest ranked firm for project delivery services and administration for the Home Consortium. F. Equipment Request- The Board approved the equipment request for Community Services Housing Department and authorized the Chairman to sign the necessary documents. 11. ENVIRONMENTAL RESOURCES A. This item was addressed earlier in the meeting. B. Budget Amendment No. BA 07-020- in the amount of $120. and Equipment Requests EQ 07-063, EQ 07-064, EQ 07-066, for the purchase of three new computers- The Board approved the Budget Amendment and the Equipment Requests as indicated above. 12. CULTURAL AFFAIRS Grant Contract /Jorgensen House- The Board authorized the Chairman signing the grant contract prepared by the County Attorney to provide a $25,000 grant to match $25,000 raised by the White City Improvement Club to move the historic Jorgensen House. CA-l ADDITION COUNTY ATTORNEY- Extension of Declaration of State of Local Emergency- Indian River Drive- The Board approved the Declaration and authorized the Public Safety Director to sign the Declaration. REGULAR AGENDA (0:36:14:3) 5.A MANAGEMENT AND BUDGET Amendment to FY 2006 Budget - Consider staff recommendation to adopt Budget Resolution No. 06-352 amending the FY06 Budget. It was moved by Com. Smith, seconded by Com. Coward, to approve Budget Resolution No. 06-352 amending the FY06 Budget, and; upon roll call, motion carried unanimously. 5.B COMMUNITY SERVICES Proposed budget amendment to Community Services Block Grant Disaster Recovery Initiative (CDBG DR!) # 06DB-W32 - Consider staff recommendation to approve the budget amendment to CDBG DR! # 06DB- W3 and authorize the Chairman to sign. It was moved by Com. Lewis, seconded by Com. Grande, to approve staff recommendation, and; upon roll call, motion carried unanimously. 5.C COUNTY ATTORNEY Geoplasma- St. Lucie LLC- Industrial Development Revenue Bonds- Based on the recommendation of the County's Bond Counsel, staff recommends the Board adopt Resolution No. 06-373 and authorize the Chairman to sign the Resolution. Mr. Robert Freeman, Bond Counsel for St. Lucie County, addressed the Board on this item. 4 Com. Grande questioned who would be responsible for the bonds should the operation cease to operate in the future. Mr. Freeman advised the Board St. Lucie County is not liable for any of the bonds should Geoplasma cease to operate. Dr. Hillburn O. Hillestad, President, Geoplasma, LLC addressed the Board's questions on this item. Mr. Ben Speed, Financial Advisor to Geoplasma addressed the questions relative to the Bond issues. Mr. Speed stated Geoplasma intends to finance most of the project with tax exempt bonds as well as taxable bonds and also a significant equity investment in the project. Com. Craft stated he felt they could move forward with the land lease quickly and schedule a workshop to discuss the contract. Com. Coward stated he was not sure if he would move forward with the land lease without having a contract. Com. Craft stated he believed they were pretty well into the contract. Com. Lewis stated she too would also prefer to have a workshop before moving forward and felt there were still steps that needed to be taken. The County Administrator suggested three dates in January. Com. Craft suggested having the workshop in December and requested the Board members review their calendars and advise the County Administrator oftheir availability. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 06-373, and; upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY TVC Stewardship District- Implementation Options- Staff recommends the Board determine which option the Board desires staff to pursue. Mr. Terry Lewis, Attorney, Lewis, Longman & Walker addressed the Board and reviewed the three options as stated in the memo of September 28, 2005 directed to Mr. Michael Busha, Executive Director of the Treasure Coast Regional Planning Council. Mr. Lewis recommended option 3, as an independent district with the County having the opportunity to appoint two members and the other three being appointed by the Governor. This district would need to be approved by a Special Act of the Legislature. Mr. Lewis reviewed the pros and cons of each option. He also recommended opening discussions with the Ft. Pierce Water Control District regarding the dissolution transition of the District in the future. Ms. Anthea Gennetis, RPC advised the Board they concur with Mr. Lewis' recommendations. Com. Grande stated in his opinion he could not see any advantage to having an independent district with an independent Board. Com. Craft stated he felt the landowners should have an opportunity to participate in this Issue 5 LEWI{)LONGMAN &WAlKER, p1!lE COpy ATTORNEYS AT LAW HELPING SHAPE FLORIDA'S FUTURE® ww...II... a....com Reply To: West Palm Beach September 28, 2005 Michael Busha, Executive Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, FL 34994 RE: Options for Implementation of Treasure Coast Regional Planning Council (TCRPC) St. Lucie County Charrette Dear Michael: As a result of discussions with you and your staff, I understand that TCRPC is currently working with St. Lucie County, landowners within the County and other interested parties in the development of a plan for implementing certain restoration projects related to ground and surface waters within the northern portion of 81. Lucie County. The discussions have taken place in the contex~ of charrette meetings conducted by TCRPC and have involved consideration for use of the Ft. Pierce Fanns Water Control District (the District) as a possible tool for implementing water control changes in the planning area. The District is the only governmental body within the planning area that might have the ability to implement the charrette other than St. Lucie County. You have asked that I provide you with viable options available for implementing the charrette plan, including consideration of the use of the District. Because of its limited authority, I do not believe that the District in its present fonn, represents a logical option for the task. There are other alternatives available, however. The remainder of the letter outlines background facts as I understand them and then identifies those alternatives, along with pros and cons. A. Background Facts 1. Ft. Pierce Farms Water Control District covers a substantial portion of the geography of Northern and North Central 81. Lucie County which is the subject area of the TCRPC planning charrette. The District was created several decades ago, pursuant to Chapter 298, Florida Statutes. Water control districts created under Chapter 298 are single-purpose districts with legislative authority to Brad,m/rm 1001 3rJ Avenue Weat SuiLc: 670 Bradenton, FL 34205 (941) 70B-4040 Fn: (941) 708-4024 ]ack.rmviUIJ 9428 13i1)'JJ1eado... Road Suite 625 Jacksonville. FL 32256 (904) 137.2020 Fax: (904) 7.37.3221 Tal/air...."" Pu.t Office Box 10788 (32302) U5 South Gad.den Street Suite 300 Tall.h......" FJ. 32301 (850) 222·5702 Fax. (850) 224-9242 ~sl Palm BlJaclr 1700 Palm Beach We. Blv,1. Suite 1000 We.t Palm Beach, FL 33401 (561) 640·()820 Fax: (561) 640.8202 <... Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 2 provide only water management (drainage, flood control, water supply and environmental restoration of waters) within district boundaries. They are authorized to levy non-ad valorem assessments annually against all benefited landowners within the district to build and maintain a water control system for that purpose. They also have the authority to issue bonds for the capital improvements necessary to construct the water control system. 2. Land uses within the District and the charretteplanning area are primarily agricultural. The flood control and water management systems installed by the District serve the agricultural uses and are essentiaIJy a grid pattern of canals, dikes, levees and pumps that control the ground and surface water levels in the District sufficient for agriculture such as citrus. : The District maintains and operates the water control system by levying non-ad valorem assessments on a per acre basis upon benefited lands in the District that are served by the system. 3. Over the past few years, the charrette area has corne under urban development pressure. Several large regional developers are in various early stages of planning and designing large residential and commercial developments. I understand a number of developers have already committed resources to the preparation of the infonnation necessary to process a Development of Regional Impact application, pursuant to Chapter 380, Florida Statutes, through St. Lucie County and the Florida Department of Community Affairs. I also understand these developers are currently willing to cooperate with TCRPC and St. Lucie County in developing and implementing a comprehensive planning blueprint for the area provided their plans are not unnecessarily threatened or delayed. 4. During the past year, the TCRPC chmrette meetings have developed the concept of a flowway or flow ways to begin restoration and rehydration of substantial portions of the District that had been previously drained. TCRPC also recognizes the need to develop a plan and institutional framework for the area that would not only implement the plan, but balance the needs of the development community with environmental restoration goals. 5. Concurrently, South Florida Water Management District (SFWMD) is interested in a project in this area for water storage and rehydration of the groundwater regime as part of the Comprehensive Everglades Restoration Plan (CERP). Hence, there is potential for local, state and federal participation in a restoration project. ( ( Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 3 6. As the general purpose government with responsibility for comprehensive planning and the operation and maintenance of local public infrastructure, St Lucie County is responsible for overseeing the future development of the area in question. 7. From discussions with TCRPC staff, it seems clear that in addition to the development of a plan for the area in question, some institutional structure is needed that has the ability to finance, construct and maintain the public infrastructure necessary, coordinate planning and implementation activities with other governments and work with development interests. TCRPC staff has, therefore, asked that I address possible options for implementation of the charrette plan, along with the pros and cons of each option. B. Option 1: Pros and Cons - St. Lucie County Alternate No.1 1. St. Lucie County may implement the charrette plan as follows: a. The County as the general purpose government has the ability to amend its comprehensive plan for the area in question to dictate accomplishment of the new water control system. It is possible for the County to fast track implementation to some extent, pursuant to Chapter 163, Florida Statutes. b. Concurrently, the County may, pursuant to Chapter 125, Florida Statutes, create a municipal service taxing unit or a municipal service benefit unit (MSTU or MSBU) that covers the geographic area in question. This entity will continue to be an administrative ann of St. Lucie County government. c. Also, concurrently, TCRPC and St. Lucie County should consider discussions with the Ft. Pierce Fanns District to raise the issue of whether it should be dissolved or otherwise integrated into the plan. As a part of dissolution, the assets and liabilities of the District would be transferred to St. Lucie County. d. Pursuant to Article VD, Section 9 of the Constitution and Section 125.01, Florida Statutes, MSTUIMSBU powers essentially include all municipal services. As examples, potable water, sewer services, roads and bridges, trash, fire protection, flood control, drainage, recreation and law enforcement are municipal services that can all be funded and provided via an MSTUIMSBU structure. e. MSTUIMSBU powers also include the ability to levy and collect ad valorem taxes on lands within the MSTUIMSBU to provide for public infrastructure. As a matter of law, St. Lucie County has the legislative ( Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 4 authority to levy up to an additional ten mills of ad valorem tax within the MSTUIMSBU boundary for municipal services. The District also has the ability to levy non-ad valorem (benefit-based) assessments within the District on all benefited properties. f. Finally, the MSTUIMSBU may issue bonds with County approval that would be backed by non-ad valorem assessments. Such bonds would allow fast tracking the desired infrastructure. Bonds backed by ad valorem taxes generated by the MSTU may be issued only with referendum approval of electors within the MSTU. 2. Pros and Cons a. Pros (1) Alternative 1 could be reasonably speedily implemented. As noted previously, St. Lucie County can begin to fast track the planning and the creation of an MSTUIMSBU. (2) A single administrative entity will be in charge of the creation of the MSTUIMSBU and implementation of the financing scheme and construction of the chan-ette proposal. (3) As the general purpose government within the area, St. Lucie County has the legislative authority to do all things necessary to begin implementation. The only matter over which they do not have absolute authority is the possible dissolution of the Ft. Pierce Farms Water Control District. (4) With St. Lucie County responsible for most of the implementation, coordination with TCRPC and SFWMD, as well as landowners, would be relative simple. b. Cons (1) Generally, the time, expense and manpower commitment by the County to accomplish the tasks identified will be substantial. At this time, it is unknown whether St. Lucie has knowledgeable staff that would have the time to devote to all tasks required. (2) The administrative burden of management will also be fairly substantial. This will include: (i) Initial organization and creation of the MSTUIMSBU as well as plan adoption. <. (..i Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 5 (ii) Once created, administration and oversight of finance, land acquisition, construction and maintenance of the new infrastructure. (3) If the District is dissolved, the assessments that are currently available to maintain the existing water control system will be lost. (4) Dissolution of the District will also shift any liability they may have to 5t. Lucie County. (5) There are always political issues and potential controversy associated with the levy of any new taxes or non-ad valorem assessments. 5t. Lucie County would be at the center of these issues as well. C. Option 2: Pros and Cons - S1. Lucie County Alternative No.2 1. S1. Lucie County may implement the charrette as foHows: a. The County can fast track a comprehensive plan amendme~t that authorizes implementation of the water control and related features. b. The County also probably has the authority to require large scale and regional developers to implement portions of the charrette within lands thereon at their cost. The implementation of chan-ette projects would be included as conditions of any approval of development. The developers' options for implementation of charrette requirements would be: (1) Pay the costs up front and let S1. Lucie County implement the charrette projects. (2) Implement the charrette projects themselves as part of the development and transfer ownership of the facilities to 5t. Lucie County for maintenance (probably along with a commitment to assess the developed property for maintenance). (3) Petition 51. Lucie County or the Governor and Cabinet to create a community development district (CDD) pursuant to Chapter 190, Florida Statutes. This district would be created congruent with a developer's land and be set in place to finance, construct and maintain public infrastructure in perpetuity. A CDD has many powers to construct public facilities of all kinds. 2. Pros and Cons · ' ,'" \ c.. Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 6 a. Pros (1) The proposal has fairly reasonable administrative ease for St. Lucie County. Essentially, St. Lucie County would need to amend its comprehensi ve plan to incorporate the charrette proposal. The County would also need to be certain it could impose development conditions on developers as they carne in for development approval that would achieve development of portions of the charrette plan. (2) The cost to St. Lucie County would be fairly nominal and could be transfeITed directly to developers desiring new development within the area. b. Cons (1) The implementation schedule for the charrette plan will be piecemeal and coordination with the SFWNID project will be unwieldy. Each developer wiJ) have different a schedule and plans for development and actually ensuring that the project is ultimately accomplished within a meaningful time schedule wiJ) be difficult. (2) , There will also be fragmented responsibility for maintenance of the project or portions of the project if it is done in the manner described. (3) Small landowners may not be able to implement their portions of the project. Hence, some portions of the project may never get accomplished. (4) There will stiJ) be a need to coordinate (either dissolution or a plan amendment by the District) with the existing water control district. (5) There is also the possibility of legal challenges from the development community depending upon how a County comprehensive plan amendment implementing the chaITette plan affects them. D. Option 3: Pros and Cons - St. Lucie Coúnty Alternative No.3. 1. Under this option, St. Lucie County will probably still have a need to amend its comprehensive plan to identify the charrette project. 2. Concurrently, TCRPC and St. Lucie County may request the Legislature enact a special act to create a multi-powered independent i¡:nprovement district that covers the charrette area. For your review, I have attached a copy of the Big · , (> C.' Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 7 Cypress Stewardship District Act recently passed by the Legislature. It was established for similar purposes to those of the charrette plan. 3. At the same time, the County, in conjunction with Ft. Pierce Farms, should probably request a Court dissolve the District and transfer its assets and liabilities to the new district once it is created. 4. The new improvement district created by legislative act would be the overall entity responsible for financing, implementation and maintenance of the charrette plan. The district could be organized and empowered as follows: a. The special act would provide the district with perpetual existence. The governing board of the district would be established as a five member board. In order to recognize the desire of St. Lucie County to maintain a voice in what happens, two of the board members could be appointed directly from the County Commission. Three board members could be appointed by the Governor from a list of County and district residents that are recommended by the County Commission. The purpose of the mix is to maintain the district as an independent political subdivision. Maintaining independence is important when the new district acts to levy ad valorem taxes or sell bonds. As an independent district, ad valorem taxes levied by the district would not be counted toward the County's 10 mill cap. b. Improvement districts, such as the one described herein, typicaJJy have all the powers of a county or municipality except police power. And, even then, such districts are authorized to collect taxes or non-ad valorem assessments for the purpose of cooperating with police power agencies for general public protection. , c. The district can also be authorized to levy ad valorem taxes (subject to referendum approval within the district), non-ad valorem assessments, impact fees and other fees. d. Importantly, a district such as the example attached (The Big Cypress Stewardship District) has the statutory authority to create sub-districts or units of development within the district. The District can then implement a development plan within the sub-district and finance the development with non-ad valorem assessments levied only against the benefited property within the sub-district. Hence, property within the district but outside the sub-district would not have to pay assessments for improvements in the sub-district that provide no direct benefit. e. If TCRPC and St. Lucie County desire, it would also be possible to include language in the special act that directed the new district to implement the TCRPC charrette and assist with St. Lucie County, SFWMD and the Corps of Engineers in the implementation of the CERP projects. · " ( c· Michael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 8 5. Pros and Cons a. Pros (1) The newly created district would have a clear linkage for coordination purposes with the S1. Lucie County Commission. (2) A broad legislative charter would authorize the district to not only implement water control features but other important infrastructure such as roads, water, sewer service, etc. And, if desired, the special act could also mandate implementation of a charrette plan consistent with the St. Lucie County Comprehensive Plan and the CERP project. (3) Sources of public finance, separate and independent of S1. Lucie County would be created by way of district authority to levy non-ad valorem on property as well as the collection of ad valorem taxes. (4) By creating sub-districts and levying non-ad valorem assessments discretely within a sub-district to finance improvements, the overall plan can be implemented in manageable pieces and only the property receiving direct benefits would pay the assessments. (5) St. Lucie County would be insulated from liability or management responsibilities for project implementation. (6) Under the legislative charter, the new district would be the responsible entity for continuing maintenance of water control services within the planning area that had previously been the responsibility of Ft. Pierce Fanns. (7) The new district would become a pennanent maintenance entity for existing and new infrastructure in the planning area. (8) The district would have extensive authority to issue bonds to pay for fast tracking capital construction. b. Cons (1) Initial costs of creation and operation that would need to be assumed by S1. Lucie County or some other entity once the new district was created. It will probably be a year to a year and a half before the district would be up and running on its own revenue. ... ~ , '. . . {. \~ . c~ Mi;hael Busha, Director Treasure Coast Regional Planning Council September 28, 2005 Page 9 (2) The new district wiH be a separate independent government. It will be necessary to coordinate district activities with TCRPC, St. Lucie County and SFWMD to guarantee little or no conflict. (3) As with previous alternatives, politicaJ issues associated with taxes and assessments could arise. Michael, I think the options I have outlined are reasonably comprehensive. In my opinion, ' Option #3 provides the greatest opportunity to accomplish the stated goals. This is so because it creates a substantial, new source of revenue and an institutional organization dedicated solely to accomplishing the goals identified by the charrette. If you have any question on the matter, please let me know. Sincerely yours, .----r-' _ _./" ~~é"~ Terry E. Lewis TEUbt Enclosure c. Ms. Marcela Camblor Mr. Douglas M. Anderson Daniel S. McIntyre, Esquire 1:\Client Documcnts\Trcasurc Coast RPC\New MatlCl\Con\susha Ltr· 09-06-05 Revised.doc .. . I () w en ::J c: W ::J - en ::J"' .- ::J OJ (1) (1) en (') .- ::J"' W (1) .- .., (1) () W ::J W '-'" - ,J ~ 'XI X 2iF /~ L ~:i..! , I ,I I I I 1 I , I , I --l - T=- -r/ ~ ~ ;:¿..-/~~~~ ~~ "-'- ..... JS<;RS<S >< x >00<)0< ~~~ 4] I Jo;~à:"~ a ~J ~i / ~!X)<lXX)< Xxx x ~ n~lli )I ¡ ID<IX)<"X)4\lngs Hwy E:[ ~ Hff ~ i þ~ ~nairyRd ,fa Ji ,." - þ()(V")c r L-. '1. I ! ~[g¡J¡ ~ )(' Rd .1-... I rii ~t:UJ I I ,- ~ r ~ ~ ~:f ~ ¡ n,fW ~ ~ V->- _ I - ;;;;;. ilA' :3"' ~ ~ ~ ¡ I.~ i'~~ I æ=~. ¡r ~! .lJ ,..-Ul't' Di\ !-- \ ~ - -"" g¡ ! " . ~ -~~-. ~P~---Il n /~ I ~ I \ ~ 4"'" - IJ -, I- ¡;:;.....-: bm,nIJI I t ~ , ~ ¡¡¡.~ :: - oooôs1 JoN!! OS!pOI (I ~ ~ i t-'f.f .lJ. :.&11' 'Z ~ ! §~oo ,,-;\ L ..l\"1!\\ ç. , \ ~ \ ~ ~\ ~ ~ ::,.-- G> > -.:. >00' ~~ ~~~ ' >. ~ >~p~ ~ ~~ ~~;!'~~ ~~ (~J::W-'.-H'1\ ",,"'" S ~ ~"\ <£ ~o f, r ~--~ :::¡-;;:. óI ^ AC: .P""'" - ~ -i < (') OJ o c: ::J a. t\) ..., '< 5"" ~ 0)' :;, ;0 ~' (") o t:: :;, ~ 0 9 ....,¡ 0'1 ~ ..... r0- c." (J !'> I\,) 0'1 w š: .§ ~ "C ~ m ~~, "C ~ C\. [ ~ ~ z 1 . s¡¿ ~ ~ ( ) ..~ 3 ~ [~~ ~~, ' - ~ r I\) .. ¡ o o 0> >2 The County Attorney suggested scheduling a meeting with any landowner who is affected in the near future to discuss the issues and receive their input and come back to the Board and present what has been obtained. The Chairman asked if the Board members were comfortable with sending this to the stakeholders meeting. Com. Coward asked Mr. Lewis if he was comfortable with option 1 since the Board seemed to lean more towards that option. Mr. Lewis advised the Board he was comfortable with either option 1 or 3, both he felt would work well. Com. Grande suggested starting the process through the Legislative Delegation knowing that they may change and go with option 1. Mr. Lewis suggested the Board contact Senator Pruitt and request he place this item on the agenda for the Legislative Session in January. The County Administrator advised the Board staff would be bringing the legislative items before the Board at the December 5th Board meeting. The County Attorney stated he would try to coordinate the meeting with Mr. Jornegan group and any other group and also obtain the list from the Regional Planning Council of those landowners both large and small and attempt to set up a meeting as soon as possible. Ms. Gennetis suggested obtaining the most up to date information from the GIS staff in order to work together with all interested parties. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit court 6 BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA Decembe. 5" 200& CONSENI AGENDA CAI. COMMISSIONER GRANDE Ratification committee appointments - Consider staff recommendation to ratify the appointments made by Comm. Grande. CA2. SOLID WASTE Staff requests Board approval to purchase one fuel trucb from Fontaine TrucR Equipment Company in the amount of $127,589 under an emergency purchase. This fuel trucR was approved in the budget process. (E007-249) - Consider staff recommendation to approve the purchase of one fuel trucb from Fontaine TrucR Equipment Company in the amount of $127,589.00 under an emergency purchase. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taben by the Boord 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 (m) 462- 1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. \.- AGENDA REQUEST ITEM NO. C-A-1 DATE: December 5, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] SUBMITTED BY (DEPT): TO: Board of County Commissioners SUBJECT: BACKGROUND: Ratify attached list of committee appointments FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Ratify Appointments COMMISSION ACTION: [xl APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 Douglas . Anderson County Administrator Review and Approvals County Attorney: _ Management & Budget: Originating Dept: _ Other: Finance: _ (Check for Copy only, if applicable) Purchasing: Other: ...... Commissioner Grande's Committee ApPointments: 12-4-06 Board of Adjustment* Bob Bangert 5608 Eagle Drive Fort Pierce, Florida 34951 465-0196 - Home Citizen's Budget Advisory Committee* Craig Mundt 5051 North A-l-A Apartment 12-1 Fort Pierce, Florida 34949 465-2001 - Home & Fax Number Combined Lcm u ndt@bellsouth. net Contractors Certification Board * Art Allen A & G Pools 410 Saeger Avenue Fort Pierce, Florida 34982 260-2208 - Cell 460-9648 - Fax 460-9516 - Home Code Enforcement Board Margaret "Peggy" Monahan 3672 Brocksmith Road Fort Pierce, Florida 34945 465-2129 - Home Public Art & Design Committee* Earl Little 1402 North 29th Street Fort Pierce, Florida 34947 461-7638 - Home 529-4865 - Cell Phone Tourist Development Council Pamela Haney General Manager - Holiday Inn 7151 Okeechobee Road Fort Pierce, Florida 34945 519-0326 - Telephone * Indicates a new appointment )..~ ITEM NO. C-A2 DATE: 12/5/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY: ø/ . TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Department Leo J. Cordeiro. Solid Waste Director SUBJECT: Staff requests Board approval to purchase one fuel truck from Fontaine Truck Equipment Company in the amount of $127,589 under an emergency purchase. This fuel truck was approved in the budget process. (EQ07 -249) BACKGROUND: FUNDS AVAilABLE: Machinery & Equipment 401-3410-564000-300 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approve the purchase of one fuel truck from Fontaine Truck Equipment Company in the amount of $127,589 under an emergency purchase. 00 APPROVED ( ) OTHER Approved 5-0 ( ) DENIED CE: COMMISSION ACTION: NDERSON ADMINISTRATOR Coordination/Siønatures Mgt. & Budget (X) Jt - Purchasing (X>4/' Other ( ) Other ( ) County Attorney ( ) Originating Dept. ( ) Finance: (check for copy, only if applicable)_ - "1 PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM TO: FROM: Board of County Commissioners Leo J. Cordeiro r:::;¡> Solid Waste Director ~ DATE: 12/5/06 RE: Fuel Truck - Emergency Purchase The Landfill has 7 pieces of track equipment at various locations throughout the Landfill. This equipment cannot be fueled at our fuel station and is done with our fuel service truck. Our present vehicle is 16 years old and budgeted for replacement this fiscal year. The engine failed this past Monday and we are presently borrowing the truck from Central Services which is hindering their operation. We were in the process of going out to bid for a replacement vehicle however now we need to do an emergency purchase. We have found a fuel truck available within our budget limits in Miami. We have searched the State Contract as well as the possibility of a Piggy Back purchase throughout the State of Florida and there are none available. The engine failure would be far to costly to repair on such an old piece of equipment. LJC:dls "'...""~ ,,/ AGENDA REQUEST ITEM NO. 5A Date: December 5, 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: Second Reading of Ordinance No. 06-045 - Amend Historic Preservation and Historical Commission Ordinances BACKGROUND: See c.A. No. 06-1543 PREVIOUS ACTION: Forwarded by the Planning and Zoning Commission on September 21, 2006 with a recommendation for approval. First reading by the Board on October 17, 2006. FUNDS A V AIL. (State type & No. of transaction or N/A): RECOMMENDATION: Staff recommends adoption of Ordinance No. 06-045. COMMISSION ACTION: CONCURRENCE: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 Douglas County Administrator County Attorney: {3l C oordi na ti 0 n/Si!!:n a tures Mgt. & Budget: Purchasing: Originating DepL: Other: Other: Finance (Check for Copy only, if applicable): 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: 06-1711 DATE: December 5, 2006 SUBJECT: Second Reading of Ordinance No. 06-045 - Amend Historic Preservation and Historical Commission Ordinances BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 06-045 which would amend Chapters 1-10.2 and 1-16 of the St. Lucie County Code and Compiled Laws. The Board of County Commissioners has not received enough applications to fill the positions on the Historic Preservation Committee. The Historical Commission has recommended to the Board of County Commissioners that the name "Historic Preservation Committeeff be taken out of the ordinance and the Historical Commission take on its duties. The Ordinance would amend the Historical Commission ordinance to comply with State requirements for Historic Preservation Committees. The Historical Commission also recommends that two new members be added, the St. Lucie County African-American Reyitalization Cultural Historical Association, Inc. and the Hispanic Cultural Foundation, Inc. On September 21, 2006, this Ordinance was heard by the Planning and Zoning Commission and was forwarded to the Board with a unanimous recommendation for approval. The Planning and Zoning Commission also recommended that the Board seriously consider hiring or appointing an Historic Preservation Officer. On October 17, 2006, the Board heard the first reading of this Ordinance. RECO M MEN DA TIO N / CO N ClUSION: Staff recommends approval of Ordinance No. 06-045. Respectfully submitted, ~ Heather Sperrazza Lueke Assistant County Attorney HL/ ORDINANCE NO. 06-045 AN ORDINANCE OF THE COUNTY OF ST. LUCIE, FLORIDA, AMENDING CHAPTER 1-10.2 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO CHANGE ALL REFERENCES TO THE "HISTORIC PRESERVATION COMMITTEE" TO THE "HISTORICAL COMMISSION"; DELETING SECTION 1-10.2-7 WHICH CREATED THE HISTORIC PRESERVATION COMMITTEE; AMENDING CHAPTER 1-16-42 TO EXPAND THE MEMBERSHIP OF THE HISTORICAL COMMISSION; TO RESTRICT MEMBERSHIP TO RESIDENTS OF ST. LUCIE COUNTY; TO ALLOW THE APPOINTMENT OF SPECIAL ADVISORS; TO ADD ADDITIONAL DUTIES TO THE HISTORICAL COMMISSION; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION. Whereas, the Board of County Commissioners has of S1. Lucie County, Florida, has made the following determinations: 1. On August 2, 2005, the Board of County Commissioners adopted Ordinance Number 05-003, creating Chapter 1-10.2 of the S1. Lucie County Code and Compiled Laws, known as the "Historic Preservation Ordinance." 2. Section 1-10.2-7 created the "Historic p'reservation Committee" as a committee of the Historical Commission. 3. To date, the Board of County Commissioners has not received an adequate number of applications to fill the positions on the Historical Preservation Committee. 4. The Historical Commission has recommended to the Board of County Commissioners that the Historic Preservation Committee be dissolved and the Historical Commission take on the duties of the Historic Preservation Committee as enumerated in Chapter 1-10.2. 5. The proposed ordinance is consistent with the general purpose, goals, objectives and policies of the S1. Lucie County Comprehensive Plan and is in the best interest of the welfare of the citizens of S1. Lucie County Florida. 1 PART A. The specific amendments to Chapter 1-10.2 of the 81. Lucie County Code and Complied Laws to read as follows, include: ARTICLE 1. GENERAL Section 1-10.2.1. Short title. This ordinance shall be known as the "St. Lucie County Historic Preservation Ordinance." Section 1-10.2.2. Purpose. (1) It is hereby declared as a matter of public policy that the protection, enhancement, and perpetuation of properties of historical, cultural, archaeological, aesthetic and architectural merit are in the interests of the health, prosperity and welfare of the people of St. Lucie County. (2) The purpose of this Ordinance is to protect the significant historic resources of St. Lucie County, to the maximum extent practicable, in accordance with the goals and policies of the St. Lucie County Comprehensive Plan, by providing procedures for the designation and subsequent review of certain types of changes that are proposed for these resources. (3) The safeguarding of the historic resources in St. Lucie County is also intended to: a. Foster civic pride in the accomplishments of the past; b. Protect and enhance the County's historical heritage and provide an economic stimulus through heritage tourism; c. Promote the protection and maintenance of individual sites and districts in public acquisition programs for the education, pleasure and welfare of the people of St. Lucie County; and d. Encourage adaptive use of historic resources by giving them priority over activities that would harm or otherwise destroy their historic value. e. Enhance property values f. Stabilize neighborhoods and business centers. g. Increase economic and financial benefits to the County and its inhabitants. h. Combat blight. I. Promote historic awareness in the County. j. Enhance the visual and aesthetic character of the County. k. Protect and enhance the archae010gical resources of the County. 2 (4) In addition, the provIsions of this Chapter will assist the County and property owners to be eligible for federal tax incentives, federal and state grant funds, and other potential property tax abatement programs for the purpose of furthering historic preservation activities, including, but not limited to, Section 193.503, Florida Statutes, and the National Register of Historic Places program. (5) This ordinance is intended to and shall govern and be applicable to all property located within the unincorporated areas of St. Lucie County, Florida. (6) The historic preservation ordinance shall be filed, and it shall address the following sections: the establishment of ~m Historic Preservation Committee with certain powers and duties for the Historical Commission; the creation of a process to designate historic buildings, sites, districts, landscape features, roads, objects, structures, and archaeological sites; a process of review for issuing certificates of appropriateness, and an appeal process. The County shall submit the ordinance to the National Register of Historic Places for certification of eligibility for the 1981 Economic Recovery Tax Act, as amended. (7) The St. Lucie County Register of Historic Places is hereby created as a means of identifying and classifying various sites, buildings, structures, objects and districts as historically significant. Section 1-10.2-3. Definitions (1) Adaptive use: The process of converting a building to a use other than that for which it was designed. (2) Addition: A construction project physically connected to the exterior of a historic building. (3) Alteration: Any change affecting the exterior or appearance of an existing improvement by additions, reconstruction, remodeling or maintenance involving change of color, form, texture or materials, or any such changes in appearance of specially designated interiors. (4) Archaeological site: A single specific location that has yielded or is likely to yield information on local history or prehistory. (5) Archaeological zone: A geographically defined area, defined in the Archaeological Survey of St. Lucie County, Florida (2000), as amended, which may reasonably be expected to yield information on Iqcal history or prehistory based upon broad prehistoric or historic settlement patterns. (6) Artifact: Any object that is a product of human modification or objects that have been transported to a site by people. 3 (7) Building: A resource created principally to shelter any form of human activity such as a house, barn, church, hotel or similar construction. (8) Board: The St. Lucie County Board of County Commissioners. (9) Certificate of Appropriateness: A certificate issued by the St. Lucie County Historic Preserv3tion Committee Historical Commission or its designated staff, which permits certain alterations or improvements to a designated individual site or a property within a historic district. (10) Certificate to Dig: A type of certificate of appropriateness required by the County for certain ground disturbing activities, such as filling, grading, and the removal of vegetation and trees but excluding swimming pool excavation. (11) Certified Local Government: A government satisfying the requirements of the National Historic Preservation Act Amendments of 1980 (P.L. 96-515) and the implementing of regulations of the U.S. Department of the Interior and the State of Florida, Division of Historical Resources. A government that is certified will review all nominations to the National Register of Historic Places within its jurisdiction prior to reviews at the state and federal levels. (12) Contributing resource: A building, site, landscape feature, object, structure, or archaeological resource that adds to the historic associations, historic architectural qualities, or archaeological values for which a property is significant because it was present during the period of significance, relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important historical information. (13) Demolition: The act or process of wrecking, destroying or removing any building or structure, or any portion thereof. (14) Designated exterior: All outside surfaces of any building or structure that is individually listed or listed in the designation report as having significant value to the historic character of the building or district. (15) Designation report: A document prepared by the staff of the Historic Preser.'3tion Committee Historical Commission for all properties or districts that are proposed for local historic designation. The report, at a minimum, must include a boundary description of the proposed site or district, an evaluation of its significance as it relates to the criteria for significance, location maps, representative photographs and a physical description ot the historic resource(s). (16) Earthworks: Earthworks consist of linear ridges, circular embankments, and causeways constructed of earth and/or shell, as well as their associated borrow pits, and both linear and circular ditches. These are most often associated with other precontact features such as mounds or middens, but they may occasionally be encountered in isolation. 4 (17) Excavation: Any mechanical or manual removal of rock, consolidated or unconsolidated soil material, sand, or vegetation. "Excavation" includes, but is not limited to, dredging, draglining, bulldozing, scraping, digging, scooping, or hollowing out. (18) Exceptional historic resource: A cultural or historic resource which would reasonably meet national, state or local criteria for historic designation and meets one or more of the following criteria: a. It is one of a kind or one of the last of its kind in the County or region; or falls within a category of resources so fragile that survivors are unusual. b. It possesses a design value quickly recognized as historically significant by the architectural or engineering profession. c. It falls within a category of those resources for which the community has an unusually strong associative attachment; or reflects the extraordinary impact of a political or social event. d. It is an integral part of a district that is eligible for listing in the National Register of Historic Places. e. Retention of the historic resource promotes the public good of the County by providing an opportunity to interpret history, architecture and design. (19) Historical Commission: The St. Lucie County Historical Commission established pursuant to Section 1-16-41, St. Lucie County Code of Ordinances and Compiled Laws. (20) Historic district: A geographically defined area possessing a significant concentration, linkage or continuity of buildings, structures, objects, improvements or landscape features, united by historic events or by plan or physical development, and which area has been designated as a Historic District pursuant to procedures described herein. (21) Historic landscape feature: Individual plants, such as a specimen tree, or groups of plants, such as a hedge, allee, agricultural field, planting bed, or a naturally occurring plant community or habitat, with historical significance. (22) Historic Prosor....:Jtíon Committee: Tho 5t. Lucio County Historic Prosorv::ltion Committoo, a citizen 3dvisory committee ost3blichod in 3ccord3nce with Article III of this ordin3nco. 5 (2,2ð) Historic Preservation Officer. A person appointed by the County Administrator to serve as the staff to the Historic Prosorv3tion Committee Historical Commission. That person shall be experienced in, or knowledgeable about, architectural history, urban design, historic preservation principles, planning and land use regulations. (2.;2.4) Historic Preservation Trust Fund: The St. Lucie County Historic Preservation Trust Fund created for the purpose of funding the preservation of historic resources within the unincorporated areas of the County. (21:á) Historic resource: Any prehistoric or historic district, site, building, object or other real or personal property of historical, architectural or archaeological value. The properties may include, but are not limited to, monuments, memorials, habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, treasure troves, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof relating to the history, government or culture of the County, the State of Florida, or the United States of America. (2§ê) Interim protection measure: The interim period of time needed to protect a property from demolition, relocation, alteration, or new construction until such period of time provided by law passes for the property to be considered for designation as a historic site, or historic district, or zone. (2§7) Local Register of Historic Places: The St. Lucie County Register of Historic Places. (2Zg) National Register of Historic Places: A federal listing maintained by the U.S. Department of the Interior of buildings, structures, sites, objects and districts that have met the criteria for significance contained in the National Historic Preservation Act of 1966 (as amended.) (2§.9) Non-contributing resource: A building, site, landscape feature, object, or structure that does not add to the historic architectural qualities, historic associations or archaeological values for which a property is significant because it was not present during the period of significance or does not relate to the documented significance of the property and/or, due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity or is no longer capable of yielding important information about the period. (29W) Object: Those objects that are primarily artistic ir¡ nature, or are relatively small in scale and simply constructed. It may be, by nature or design, movable; an object is associated with a specific setting or environment. (3Q+) Ordinary maintenance and repair: Any exterior work for which a building permit is not required by law, where the purpose and effect of such work is to correct any physical deterioration or damage of an element, by restoring it as 6 nearly as possible to its appearance using materials consistent with the original materials. (312-) Preservation: The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. (3~ð) Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property that are significant to its historical, architectural and cultural values. (3~4) Resource of Exceptional Importance: A historic resource that is of exceptional importance because it is (a) one of a kind; (b) directly related to a major theme in the County or region's development; and (c) significant in multiple areas which can include history, architecture, landscape design, or archaeology. (31~) Restoration: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of removal of later work or by the replacement of missing earlier work and utilizing traditional materials. (3§ê) Scale: The character of any architectural work is determined both in its internal space and in its external volume by the fundamental factor of scale, the relation between the interior space and exterior volume. (3§-7) Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings: A set of guidelines produced by the Department of the Interior that establish professional standards and provide advice and guidelines on the rehabilitation of historic properties and acceptable preservation treatments. The standards pertain to exterior and interior work on historic buildings. (3Zg) Site: The location of a significant event, a prehistoric or historic occupation or activity, or a structure, whether standing, ruined, or vanished, where the location itself possess historic, cultural, archaeological, or paleontological value regardless of the value of any exiting structure. (3ª9) St. Lucie County Historic Resources Survey, 2003: A survey that identifies the historic resources of St. Lucie County. The survey results include mapping; photographic documentation; research into the date of construction and original uses; and a detailed description of each resource. (394G) Special Certificate of Appropriateness: A Special Certificate of Appropriateness is required for work that includes: additions, alterations, new construction, relocations, or demolition, and for those instances when the proposed work is deemed to have a significant impact on the historic resource(s). 7 The Historic Prcsorv~Üion Committoo Historical Commission shall review the request. (4Q4-) Standard Certificate of Appropriateness: A Standard Certificate of Appropriateness shall be issued by the staff of the Historic Proserv~ltion Committee Historical Commission when the work proposed is a minor alteration, routine maintenance or in-kind replacement as set forth in the rules adopted by the Historic Preserv3tion Committoe Historical Commission. (412) St. Lucie County Register of Historic Places: A register of those individual cultural and historic resources and districts that have been designated as historic pursuant to this ordinance. (4~ð) Streetscape: A view or vista of a specific street, the distinguishing characteristics of which are created by the width of the street and sidewalks, their paving material and color, the design of street furniture, the use of plant materials such as trees and shrubs, the setback, mass, proportion and scale of those buildings that enclose the street. (4~4) Structure: Those functional constructions made usually for purposes other than human shelter. (41:á) Undue economic hardship: An exceptional financial burden that might otherwise amount to the taking of property without just compensation, or failure to achieve a reasonable economic return. Section 1-10.2-4. Historic Preservation Trust Fund. (1) The Clerk of the Circuit Court of St. Lucie County, acting as clerk and auditor to the Board is hereby authorized and directed to establish in the accounts of the Board of County Commissioners a St. Lucie County Historic Preservation Trust Fund. The Clerk shall deposit such funds donated or otherwise contributed to the County for historic preservation into the St. Lucie County Historic Preservation Trust Fund. (2) The Board shall distribute the funds placed in the St. Lucie County Historic Preservation Trust Fund, plus accrued interest, to undertake a historic preservation strategy as determined by the Board. ARTICLE II. HISTORIC PRESERVATION OFFICER Section 1-10.2-5. Appointment and duties. The County Administrator shall appoint an employee of the Board to serve as the St. Lucie County Historic Preservation Officer. The appointee shall be knowledgeable and experienced in architectural history, urban design, local 8 history, site planning and land use regulations. The Historic Preservation Officer shall: (1) Schedule the meetings of the Historical Prosorvation Committoo Commission, prepare agendas, and ensure that proper notice of the meetings are afforded to the public and affected parties. (2) Prepare local historic designation reports and make recommendations to the Historic Preservation Committoo Historical Commission as to whether or not they meet the designation criteria under Article IV of this ordinance. (3) Upon receipt of a completed application for a Certificate of Appropriateness, evaluate the scope of the project to determine whether it will be considered for review as a Standard or Special Certificate of Appropriateness, and then process the application as described in Article V and VI of this ordinance. (4) Maintain and update the official inventory and map of historically designated sites and districts. (5) Prepare summaries of all decisions regarding applications to include the criteria and conditions for approval or denial. (6) Review all plans for designated historic sites and historic districts, for their compliance with the terms and conditions of applicable Certificates of Appropriateness or Certificate to Dig prior to the issuance of a construction or vegetation removal permit. (7) Apply for preservation grants and actively participate in other historic preservation programs, such as the Historic Marker Program, administered by the Florida Division of Historical Resources, Bureau of Historic Preservation. (8) Serve as the Certified Local Government Coordinator between the Board and the Florida Division of Historical Resources, Bureau of Historic Preservation. ARTICLE III. HISTORIC PRESER'I ATION, COMMITTEE Section 1 10.2 6; Creation. Tho 8t. Lucio County Historic Presorv;)tion Committee is horeby cre;)tod and ostablishod ;)s a committoo of Tho 8t. Lucie County Historic;)1 Commission. Tho Committoo is hereby vestod with tho pO'.vor, ;)uthority and jurisdiction to 9 recommend 10c:::¡1 historic design3tions; issuo Certific3tos of Appropri3tenoss; :::¡nd to regul3to 3nd :::¡dministor tho historic:::¡I, cultur31, :::¡rchitectur:::¡1 3nd 3rch3eologic31 resources in St. Lucio County, 3S proscribed by this ordin:::¡nce and the diroct jurisdiction :::¡nd logisl3tive control of tho B03rd. Section 1 10.2 7. Composition; qualification of members. (1) The Historic Preserv3tion Committoo sh:::¡11 consist of sevon (7) mombers. E3ch one of tho fivo (5) County Commissioners sh:::¡11 individu:::¡lIy 3ppoint one mombor of the Historic Preserv:::¡tion Committoo whose term sh311 coincido with tho torm of tho Commissionor who :::¡ppointod th:::¡t mombor. Tho Bo:::¡rd sh:::¡1I collectivoly :::¡ppoint tho othor t\'I/O (2) 3t I:::¡rge members from tho Historic31 Commission whose initi31 terms on tho Historic Prosorv3tion Committoo sh:::¡1I bo ost3blishod by rosolution of the B03rd. E:::¡ch mombor of the Historic Preserv3tion Committoo sh:::¡1I hold office only so long :::¡s he or she is 3 resident of St. Lucio County. To tho oxtent pr3ctic3ble, tho B03rd sh311 3ppoint pr3cticing or rotirod profossion:::¡1 mombors from the follo'Ning disciplines who h3ve demonstr3ted :::¡ signific3nt 10'101 of interest, oxporionce or knowlodgo in historic prosorv:::¡tion: :::¡. Anthropology or :::¡rch:::¡oology b. Re:::¡1 ost3te, I3nd development or fin:::¡nco c. History, folklore or 3rchitoctur:::¡1 history d. Consorv3tion or cur:::¡tion e. Architecture or historic 3rchitecturo f. Historic preserv3tion g. L:::¡nd uso planning or historic presorv3tion planning h. Gonor:::¡1 or rosidonti:::¡1 contractor I. Profession31 engineor In tho evont porsons in such disciplinos :::¡re un:::¡v:::¡il:::tble, the Bo:::¡rd m:::¡y 3ppoint individuals who have demonstr3ted :::¡ signific3nt level of intorost, oxporienco or knowledge in historic preserv3tion. (2) Spoci31 3dvisors may be 3ppointod by the Board upon the recommend3tion of the Historic Preserv3tion Committoo. Thoy sh311 sorvo :::¡s ox officio members h:::¡ving no vote. The Historic Presorv:::¡tion Committoo may :::¡Ico sook oxportiso on propos:::¡ls orm:::¡ttors roquiring oV31uation by :::¡ profession not reprosontod on the Historic Proserv:::¡tion Committoo. (3) Members of the Historic Preserv3tion Committoo sh:::¡11 corvo without compens3tion, but shall bo roimbursed for necess3ry oxponsos diroctly rel3tod to the perform3nce of their officÎ3I duties. Section 1 10.2 8. Term; removal. 10 (1) The term limit for service to the Historic Preserv~ltion Committee shall bo t'NO (2) consecutivo four (1) year terms, not to excood a total of eight (8) yoars. (2) An at large member of the Historic Preservation Committee may be remo'.'ed from office only by a vote of the Board. (3) Should a Historic Preservation Committeo momber f3il to attend throe (3) consecutive meetings, the Committee Chairman shall certify the came to the Board. Upon such certification, the member shall be deemed to havo boen removed and the Board shall fill the vacancy by appointmont. Section 1 10.2 9. Organization. The members of tho Historic Preservation Committoo shall olect members to serve as the Committoo 's Chair and Vice Chair, for a period of one (1) year. Nothing shall prevont the Historic Proservation Committee from electing a Chair or Vice Chair for successive terms. Tho Historic Preservation Officer or such Officer's represontativo shall serve as staff liaison to the Historic Preservation Committee with no vote. Section 1 10.2 10. Meetings, records (1) Meetings. The Historic Preservation Committoe shall be required to hold regular meotings at least four (1) times a year or more froquently as may be nocessary to satisfy the review and hearing requiremonts set forth in the this ordinance. Tho Historic Preservation Committee may conduct special meetings as the Historic Preservation Committee may determine, or at the call of the Chair for consideration of business before the Historic Preservation Committee. ,"" meetings of the Historic Prosorvation Committee shall be publicly announced and shall be open to the public. Meetings 'Nil! have a previously adverticed agenda. The time and place of the moetings, the ordor of business and the procedures to be followed shall be as prescribed by the Historic Preservation Committoe and shall bo available for public inspection. ¡'.II meetings convened to consider local historic designation, Certificates to Dig or Special Certificates of Appropriateness shall be advertised at least ton (10) days prior to the meeting in a newcpaper having a general circulation 'w'ithin St. Lucie County. (2) 'Ioting. ,"" Historic Preservation Committeo meetings will bo held in a public forum. !\ majority of the Historic Proservation Committee shall constitute a quorum, and an affirmativo vote equal to a majority of the quorum present, whichever is greater, shall be necessary for the adoption of any motion. (3) Minutos. The Historic Presorvation Committoe shall keep minutes and records of all meetings and proceedings, including voting rocords, attendance, resolutions, findings, determinations, and decisions. Such records 11 shall bo filod in the offico of tho Historic Preserv~:ition Officor and sh~1I be open for public inspoction. Section 1 10.2 11. Rules and regulations. The Historic Preservation Committoo shall recommond to the Bo~rd such rules ~nd regulations ro~sonably necossary and ~ppropri3to for tho proper administr~tion and enforcomont of the provisions of this ordin~nco. Such rulos and rogul3tions shall conform to tho provisions of this ordinance, sh~1I not conflict 'Nith ~ny ~pplio~blo lavlS or regulations, and shall govern ~nd control procodures, hearings and actions of the Historic Preser\/~tion Committoo. No such rules ~nd rogulations sh~1I bocome offoctive until a public hearing has been hold by the Board upon tho proposed rules and regulations, ~nd any ~mondmonts or modifications thereto, and the s~me h~vo boon approved by resolution of the Board and filed INith the Clerk of tho Circuit Court. Upon ~pproval by the Bo~rd, such rules ~nd regulations shall h~vo tho force and offoct of laIN within tho unincorpor~tod~re~s of St. Lucio County, Florid~. Section 1 10.2 12. Functions, powers and duties. The Historic Preservation Committoo sh~1I h~vo the follmving powers ~nd duties: (1) Recommend adoption or amendmont of Rulos of Procedure. (2) Recommend designation of individual sites, ~nd historic districts and ~rch~oologic~1 zones. (3) districts. Initiate petitions f{)r tho dosignation of individual sites ~:md historic (1 ) Issuo or dony Certificates of l\ppropri3teness and Cortific~tos to ~ (5) Approvo historic~1 m~rkors for propertios listed in the St. Lucie County Rogistor of Historic Places. (6) Recommond building and zoning ~mendmonts to the proper authoritios. (7) Establish critoria for st~ff to issuo Stand~rd Cortific~tos of Appropriateness. (8) Review ~nd update the St. Lucie County Historic Rosources Survey ~nd the ^rchaoologic~1 Survoy of St. Lucie County. (9) Promoto tho ~waroness of historic preservation concorns throughout tho community. 12 . tho 3ccoptanco of Ondations rogardlng I, Fe"emm ,. ""'a1\8 '-J ·e'" an" ~ " 'AQ 10) Rovl ~ , Ihe Boaru, , , I tho zom " donati;ns ~f roal proporty to "riato that oortain p~v~~:~r~~ing historio EJ 3S 3ppro,... 3 means (11) Recomm:n d or suporcoded as ' , 9 amon"o fer Iho do be vano , rl individualo, f 00 I' R , aliaRs an" ewatlon 0 proSOrva,IOn. '''ato orgamz, nu, I d 10 tho pros. t "'ublic 3nd prl. Onts that m3Y 03 2) Gantao" . awoom . h 9 (1a'~aing inlorvomn,? "ise bo domohs 0, .. h , ethor "'ublic oso of arrnn", tight ot"OI\, ' "J n'H " E~I:iorio rosouroos tho m ending doolslons f arohitoaturally, H d comment upon Pond appearanoo 0 archaoologioal (13) Evalualo anhYSical dovolopmon~ites, distriots and . th3t 3ffoct th? p . ally sigmflc3nt agonolos . lIy or hlstono . 'Historioal ohaoologloa DiviGlon o. or I Florida's zonos. ''''ith the Slato o'm as follows: (14) Coordlnato I Govornment progra rior notioo of all Certified LOC3 . thirty (30) d3Ys P tho Division Rosouroos II bo given h mootlngs h Iho Tho Divisio~ ~~g, days following sU~'~ttondanco of bot a. 'thin Ihlrtj '0 ) nd rooord 0 oolings and WI ..ith tho minulos a 1 Committoo m rovldod ..I . . I ny ohango 0 shall bo p 9 Iho pubho. IJ nolifJOd 0 a bomhlp. lá) Committoo a"¡-'hO Division shall of ~ny ohangos in m°3'ffioor within fivo i~ b:;S within thirty (3~1~~:SHislorio ProStO~~tl~~ allorationo to OXlot g mom o. Notify I~h~ow historio doslgna 10 bmittod to Iho gays of a hall bo su Ilhirty businoss Iho ordinanoo s onl at laos dosignations. ^ n\/ 3mondmon~. tOer f'or reviow and comm .th 9 " , . Q~IOn' '" 9 '''IH . . Þ'rosorvatlon " II bo provluO ..' Slato Histono ' lion. . Rosouroos Sl ~a Iho prevIous (30) days prior 10 ag?,fsion 01 Histoncal "oring aativitlos of Iho following o. Th~ ~~ Novombor ~o oO;nd ohall inoludo 3nnU31 ropo h Soptombor 3n 1 througH October inform3tion: 1. 2. 3. f Procedure; d's Rulos 0 . tho B03r . . . Any ohangos In I Rogictor lisllngs, and altoratlons to ^ II now N3tlon3. . design3t1ons '^' no'" 10001 hlstono a oopy of ,,11 ," dosignations; mborships and oXlstlng 10 Board mo . , ^ny ohangos appropnato, ' 's' bors as thoir rosumo , f Board mom Rovisod resum~s ~o this Chaptor; 'aotivitios with a ^ 'amondmon s , d invontory "ny . , t survOy 3n . !\ ro~IO~~. 0 f tho systom u£od, description 0 1. 5. 6. 7. 13 8. ^ program report on e3ch gr3nt 3ssistod 3ctivities; ami 9. Numbor of projects revimved. (15) Tho Historic Proserv3tion Committee sh311 h3ve the 3uthority to reviow 3pplic3tions for Certific3tes of /\ppropri3toness for 311 property in tho unincorpor3ted Sf. Lucio County, however ownod, by oithor priv3to or public p3rtios. Except 3S otherwise provided by I3w, this sh311 3pply oqu311y to pI3m;; projocts or '.'Jork oxecutod or 3ssisted by 3ny priv3to p3rty, governmontal body or 3gency, dop3rtment, 3uthority or b03rd of 3 municip31ity, the County, or tho St3tO of Florida. (16) The Historic Procorv3tion Committoo sh311 recoive 311 nomin3tions of loc31 proporty to tho N3tion31 Rogister of Historic PI3ces following tho rogubtions of tho St3te Historic Prosorv3tion Offico. Tho Committee sh311 givc notice to the mvnor of tho proporty 3t least thirty (30) d3Ys but not more th3n seventy fivo (75) d3Ys prior to tho Historic Presorv3tion Committee mooting 3t which tho nomin3tion will bo considorod. Tho Committeo sh311 3180 obt3in 3pprov31 by the B03rd for tho nomin3tion to tho N3tion31 Register, 3nd those rocommend3tions sh311 bo given to tho B03rd within thirty (30) d3Ys. Tho Committeo sh311 obt3in comments from tho public th3t sh311 be included in tho report m3king 3 rocommend3tion. Objoctions to boing listed in the N3tion31 Rogistor by property ownors must bo not3rizod 3nd filed with tho Historic Prosorv3tion Officor. VVithin thirty (30) d3Ys 3ftor tho B03rd meoting, the Committoo rocommend3tion sh311 bo f{)/V/3rdod to tho St3to Historic Presor\'3tion Officor. The St3tO Historic Proserv3tion Officor will t3ke further stops on tho nomin3tion in 3ccord3nce with f-oder31 3nd st3te rogul3tions. If tho Board supports the nomin3tion, tho St3te Historic Presorv3tion Officor will schodulo the nomin3tion for consider3tion by tho st3te reviow b03rd for tho N3tion31 Registor 3t its next rogul3r mooting. . ARTICLE III W. DESIGNATION PROCESS AND PROCEDURE Section 1-10.2-6. Role of the Historical Commission (1) General Powers. The Sf. Lucie County Historical Commission is hereby vested with the power, authority and jurisdiction to recommend local historical desiqnations; issue Certificates of Appripriateness; and to requlate and administer the historical. cultural. architectural and archaeoloqical resources in Sf. Lucie County, as prescribed by this ordinance and the direct jurisdiction and leqislative control of the Board. The composition and qualification of members of the Sf. Lucie County Historical Commission shall be as set out in Section 1-16- 41, Sf. Lucie County Code of Ordinances and Compiled Laws. (2) Rules and Requlations. The Historical Commission shall recommend to the Board such rules and requlations reasonably necessary and appropriate for the proper administration and enforcement of the provisions of 14 this ordinance. Such rule and requlations shall conform to the provisions of this ordinance, shall not conflict with any applicable laws or requlations, and shall qovern and control procedures, hearinqs and actions of the Historical Commission. No such rules and requlations shall become effective until a public hearinq has been held by the Board upon the proposed rules and requlations, and amendments or modifications thereto. and the same have been approved by resolution of the Board and filed with the Clerk of the Circuit Court. Upon approval by the Board. such rules and requlations shall have the force and effect of law within the unincorporated areas of St. Lucie County. Florida. (3) Functions. Powers. and Duties. The Historical Commission shall have the followinq powers and duties: (A) Recommend adoption or amendment of Rules of Procedure. (8) Recommend desiqnation of individual sites. and historic, districts and archaeoloqical zones. (C) Initiate petitions for the desiqnation of individual sites and historic districts. (D) Issue or deny Certificates of Appropriateness and Certificates to Diq. (E) Approve historical markers for properties listed in the St. Lucie County Reqister of Historic Places. authorities. (F) Recommend buildinq and zoninq amendments to the proper (G) Establish criteria for staff to issue Standard Certificates of Appropriateness. (H) Review and update the St. Lucie County Historic Resources Survey and the Archaeoloqical Survey of St. Lucie County. (I) Promote the awareness of historic preservation concerns throuqhout the community. (J) Review and make recommendations reqardinq the acceptance of donations of real property to the Board. (K) Recommend as appropriate that certain provIsions of the zoninq code be varied, amended or superceded as a means of encouraqinq historic preservation. 15 (L) Contact public and private orqanizations and individuals for the purpose of arranqinq interveninq aqreements that may lead to the preservation of historic resources that miqht otherwise be demolished. (M) Evaluate and comment upon pendinq decisions by other public aqencies that affect the physical development and appearance of architecturally, archaeoloqically or historically siqnificant sites. districts and archaeoloqical zones. (N) Coordinate with the State of Florida's Division of Historical Resources Certified Local Government proqram as follows: 1. The Division shall be qiven thirty (30) days prior notice of all meetinqs and within thirty (30) days followinq such meetinqs the Division shall be provided with the minutes and record of attendance of both the Committee and the public. 2. The Division shall be notified of any chanqe of Committee members within thirty (30) days of any chanqes In membership. 3. Notify the State Historic Preservation Officer within five (5) business days of all new historic desiqnations or alterations to existinq desiqnations. 4. Any amendments to the ordinance shall be submitted to the State Historic Preservation Officer for review and comment at least thirty (30) days prior to adoption. 5. The Division of Historical Resources shall be provided with an annual report by November 1 coverinq activities of the previous October 1 throuqh September 30 and shall include the followinq information: a. Any chanqes in the Board's Rules of Procedure; b. All new National Reqister listinqs; c. All new local historic desiqnations and alterations to existinq desiqnations; d. Any chanqes to Board memberships and a copy of their resumes; e. Revised resumes of Board members as appropriate; f. Any amendments to this Chapter; g. A review of survey and inventory activities with a description of the system used; h. A proqram report on each qrant-assisted activities; and I. Number of projects reviewed. 16 (0) The Historical Commission shall have the authority to review applications for Certificates of Appropriateness for all property in the unincorporated St. Lucie County. however owned. by either private or public parties. Except as otherwise provided by law. this shall apply equally to plans; projects or work executed or assisted by any private party. qovernmental body or aqency. department. authority or board of a municipality. the County. or the State of Florida. (P) The Historical Commission shall receive all nominations of local property to the National Reqister of Historic Places followinq the requlations of the State Historic Preservation Office. The Commission shall qive notice to the owner of the property at least thirty (30) days but not more than seventy-five (75) days prior to the Historical Commission meetinq at which the nomination will be considered. The Commission shall also obtain approval by the Board for the nomination to the National Reqister, and these recommendations shall be qiven to the Board within thirty (30) days. The Commission shall obtain comments from the public that shall be included in the report makinq a recommendation. Objections to beinq listed in the National Reqister by property owners must be notarized and filed with the Historic Preservation Officer. Within thirty (30) days after the Board meetinq, the Commission recommendation shall be forwarded to the State Historic Preservation Officer. The State Historic Preservation Officer will take further steps on the nomination in accordance with federal and state requlations. If the Board supports the nomination. the State Historic Preservation Officer will schedule the nomination for consideration by the state review board for the National Reqister at its next reqular meetinq. Section 1-1 O.2-Z~. Criteria. (1) The Historic Preserv3tion Committee Historical Commission shall have the authority to recommend designation of buildings, sites, districts, landscape features, roads, objects, structures and resources as sites, districts or zones that are significant in St. Lucie County's history, architecture, archaeology or culture and possess an integrity of location, design, setting, materials, workmanship, feeling or association, and meets one or more of the following criteria: a. Significant Event - Associated with distinctive elements of the cultural, social, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, St. Lucie County, the region, the state or the nation; or b. Significant Person - Associated wi,th persons significant in the County, the region, the state or the nation's past; or c. Architectural Significance - Embodies the distinctive characteristics of a type, period, style or method of construction or work of a master; or that possess high artistic value; or that represent a 17 distinguishable entity whose components may lack individual distinction; or d. Archaeological Significance - Has yielded, or is likely to yield information in history or prehistory; or e. Listed in the National Register of Historic Places; or f. Aesthetic Significance - Is part of or related to a landscape, park, environmental feature or other distinctive area, and should be developed or preserved according to a plan based upon a historic, cultural, or architectural motif; or because of its prominent or special local, contrast of siting, age, or scale is an easily identifiable visual feature of a neighborhood or area or contributes to the distinctive quality of such neighborhood or area. (2) Certain properties, which include cemeteries, birthplaces, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, properties that have achieved significance within the last fifty (50) years, and properties commemorative in nature will not normally be considered for designation on the St. Lucie County Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: a. A religious property deriving primary significance from architectural or artistic distinction of historical importance; . b. . A building or structure removed from its location but which is primarily significant for architectural value, or is the surviving structure most importantly associated with an historic event or person; c. There is no other appropriate site or building directly associated with the life of a person significant in the County, the region, the state or the nation's past; d. A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, distinctive design features, or from association with historic events; e. A property primarily commemorativ~ in intent if design, age, tradition or symbolic value has invested it with its own historical significance; f. A property or district achieving significance within the past fifty (50) years if it is of exceptional importance. 18 Section 1-1 O.2-8~. Procedures for historic designation. Properties that meet the criteria for local historic sites and local historic districts set forth in Section 1-10.2-12 shall be designated according to the following procedures: (1) Petition of the owner. The owner(s) of any property in St. Lucie County may petition the Historic Presorv::ltion Committoo Historical Commission for designation of their property as an individual site or district. The Historic Preservation Officer shall, based on its findings,ßither recommend a designation report be prepared or recommend denial of the petition. Nothing in this subsection shall be deemed to restrict the power of the Historic Prosor\'ation Committoo Historical Commission to initiate the designation process pursuant to this section. (2) Directive of the Historic Proserv3tÍon Committee Historical Commission. Historic Presorvation Committoo Historical Commission shall either accept or deny the application. By accepting the application, the Historic Preservation Committoo Historical Commission must set a date for a public hearing and shall direct staff to complete the designation report and notify the proper parties of the public hearing. (3) Initiation by the Historic Prosor;ation CommitteD Historical Commission - Based upon written recommendations from local, state or national historical organizations, the Historic Preservation Committoo Historical Commission may initiate the designation of properties which would meet the criteria for an Exceptional Historic Resource as defined in Section 1-10.2-3(18) by notifying the property owner and directing the Historic Preservation Officer to prepare the designation report. (4) Designation Reports. Prior to the designation of an individual site or a district, the Historic Preservation Officer shall prepare an investigation and designation report and submit it to the Historic Preservation Committee Historical Commission. All reports must address the following: a. Legal description of the property. b. The historical, cultural, architectural or archaeological significance or how the property fulfills the criteria for designation. c. Whether the property meets the c~iteria for an Exceptional Historic Resource as defined in Section 1-10.2-3(18). d. Boundaries for individual historic sites and a recommendation of boundaries for districts. When a district is recommended, the report must identify those properties which are considered "contributing" (i.e., that they contribute to creating the 19 historic character of the district) or "non-contributing" (i.e., that they do not contribute to creating the character of the district), but which require regulation in order to control potentially adverse influences on the character and integrity of the district. The standards for regulating non-contributing properties shall provide that a Certificate of Appropriateness and/or Certificate to Dig, as appropriate, shall be required for alterations and new construction on such properties. e. Zoning Regulations. Every historic site and historic district may include detailed zoning regulations made to be compatible with its designation. Such regulations may be designed to supplant or modify any element of existing zoning regulations, including but not limited to use, floor area ratio, density, height, set-backs, parking, minimum lot size or create any additional regulations provided for in this section. The zoning amendment may identify individual properties, improvements, landscape features or sites for which different regulations; standards and procedures may be required. Said zoning regulations shall not be effective until the Board approves the regulations. f. The report shall also contain a location map and photographs of all exterior surfaces, and interiors when applicable. g. Optional Designation of Interiors. Normally interior spaces shall not be subject to regulation under this ordinance; however, in cases of existing structures that possess interior spaces that are of exceptional architectural, artistic or historical importance, and are interior spaces which are customarily open to the public, they may be specifically designated. The Designation Report shall describe precisely those features subject to review and shall set forth standards and guidelines for such regulations. h. Designation reports shall also include a copy of any survey materials related to such property, the property appraiser's records of such property and a copy of the public hearing newspaper advertisement. (5) Notification of owner. For each proposed designation of an individual site or district, the Historic Preserv3tion CommittDD Historical Commission is encouraged to obtain the permission of ,the property owner(s) of the individual site or within the designated area, and is responsible for sending by certified mail a copy of the designation report to the owner(s) as notification of the intent of the Historic ProsDrv3tion CommitteD Historical Commission to consider designation of the property at least thirty (30) days prior to a public hearing held pursuant to this ordinance. 20 (6) Interim protection measure: From the date of said notification of the owner, no building construction or vegetation removal permit for any new construction, alteration, relocation, or demolition or surface alterations that may affect the property proposed for designation shall be issued until the Board approves or denies the designation in accordance with this section, or one hundred twenty (120) days have elapsed, whichever shall occur first (7) Notification of government agencies. Upon filing of a designation report, the Historic Preservation Officer shall immediately notify the appropriate building and zoning department, the appropriate public works department and any other County or municipal agency, including agencies with demolition powers, that may be affected by said filing. (8) Notice of Historic Prose."/3tion Committee Historical Commission public hearing. For each individual site or district proposed for designation, a public hearing must be held no sooner than thirty (30) days and within sixty (60) days from the date a designation report has been filed with the Historic Proserv~tion Committee Historical Commission. Property owners within a radius of 150' from the area proposed for designation shall receive a courtesy notice of the hearing, to be mailed at least fifteen (15) days prior to the date of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least fifteen (15) days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation. (9) Requirement of prompt decision and notification. Following the public hearing, the Historic Preserv~ition Committee Historical Commission shall recommend approval, denial or amendment of the proposed designation, including whether the property should be considered an Exceptional Historic Resource, and shall forward its recommendation to the Board within thirty (30) days of the hearing for final approval. (10) Notice of Board public hearing. Upon receipt of the Historic Preserv3tion Committee Historical Commission's recommendation, the Board shall schedule a public hearing to consider the proposed designation. The public hearing must be held no sooner than thirty (30) days and within sixty (60) days from the date the Historic Presel"\'~tion Committee Historical Commission recommendation is filed with the Board. Property owners within a radius of 150' from the area proposed for designation shall receive a courtesy notice of the hearing, to be mailed at least fifteen (15) days prior to the date of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper 21 of general circulation at least fifteen (15) days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation. (11) Requirement of prompt decision and notice. The Board shall either approve, deny or approve with conditions the designation, including whether the property constitutes an Exceptional Historic Resource, and shall designate the property by resolution. Except for property determined to be an Exceptional Historic Resource, the Owner, or a majority of the Owners if owned by more than one person, or a majority plus one of the Owners in a proposed historic district, may reject the designation in writing by filing a written statement with the Historic Preservation Officer. In the event the designation is rejected, the provisions of this ordinance governing designated historic properties shall not apply to the subject property or district. The property shall remain subject, however, to the provisions of Section 4.11.01, St. Lucie County Land Development, if applicable. If approved, the property shall be added to the St. Lucie County Local Register of Historic Places. The following parties shall be notified of its actions with a copy of the resolution. a. St. Lucie County Growth Management Department; b. St. Lucie County Public Works Department; c. St. Lucie County Clerk of Court; d. Owner(s) of the designated property and other parties having an interest in the property, if known; e. Any other County or municipal agency, including agencies with demolition powers, that may be affected by this action; and, f. St. Lucie County Property Appraiser. (12) Amendment or rescission. In the event the Historic Proserv::Üion Committee Historical Commission determines a property no longer in full or in part meets the criteria set forth in Section 1-10.2-13, the Historic ProGerv3tion Committoo Historical Commission may recommend an amendment or rescission of any designation provided it complies with the same manners and procedures used in the original designation. (13) Appeal of Designation. A party aggrieved by a designation decision may appeal such decision in the manner provided for in this ordinance. (14) Recording of designation. The Board shall provide the Clerk of Circuit Court with all designations for the purpose of recording such designation and the Clerk of Circuit Court shall thereupon record the ,designation according to law. (15) St. Lucie County Local Register Map. On or before October 1st of each year, the Historic Preservation Officer shall prepare a map showing all properties listed on the Local Register of Historic Places as of that date. The 22 Historic Preservation Officer may update the map at such other times as he deems appropriate to reflect changes to the Local Register. Section 1-1 O.2-ª.t5. Emergency actions. (1) The Historic Preservation Officer may request the Historic Preserv3tion Committee Historical Commission to take emergency action to review a threat to a property which has not yet been designated as a historic resource but which appears to be eligible for such designation, if the Historic Preservation Officer determines irreparable harm will be done to the historic resource if the proposed demolition, alteration, or construction is allowed to occur. (2) The department receiving an application concerning a potential historic resource shall provide written notification to the Historic Preservation Officer within five (5) working days of the receipt of the application for permits which do not require a public hearing. (3) If the Historic Preservation Officer determines irreparable harm will be done to the potential historic resource if the proposed demolition, alteration, or construction is allowed to occur, the Historic Preservation Officer will schedule the matter for consideration by the Historic Proserv3tion Committee Historical Commission. Notice of the public hearing will be provided in accordance with the provisions of Subsection 1-10.2-14(11). (4) All construction activity requiring building permits or the processing of permit applications relating to the property shall be held in abeyance until the review by the Board is completed with regard to the subject property. (5) Review and determination by the Historic Preserv~1tion Committee Historical Commission: (a) At the public hearing, the Historic Preservation Officer shall present a report to the Historic Preserv3tion Committee Historical Commission regarding the architectural, historical and archaeological significance of the subject property, including an evaluation of the property under the criteria set forth for historic designation in Subsection 1-10.2-13(1). The Historic Preserv:::1tion Committee Historical Commission shall also hear testimony from the owner, the applicant and all other interested persons. , (b) At the close of the public hearing, the Board shall determine whether all of the following findings of fact have been established: 1. There is a real and present danger to the subject property as evidenced by the owner or applicant's proposal. 23 2. Based upon the best available data, the subject property appears eligible for historic designation pursuant to this chapter. The fact that the property has not been nominated for included on the National Register of Historic Places shall not in itself be grounds for approval of the proposed work or development request. 1. During consideration of historic designation, the applicant and/or owner will not be denied all reasonable use of the property. (6) Based upon its findings of fact as provided above, the Historic Preserv::Üion Committee Historical Commission shall recommend to the Board the historic designation procedures should be initiated for the subject property. Following receipt of the Historic Preservation Committee Historical Commission's recommendation, the Board shall conduct a public hearing in accordance with the notice procedures set forth in Section 1-10.2-14(10). If in the judgment of the Board all of the findings of fact as set forth above have been established, the Board shall initiate the historic designation procedures for the subject property. Should sufficient evidence be presented at the public hearing, the Board may designate the property as a public hearing, or it may request further information and set a date for a final historic designation hearing to be held within ninety (90) days. (7) If the historic designation procedures are initiated, the County shall make every effort to complete the historic designation process in a timely fashion. Except as otherwise set forth in this section, the historic designation process shall follow the same procedures as a regular historic designation. ARTICLE V. CERTIFICATE OF APPROPRIATENESS Section 1-10.2-104-6. . Required (1) No building, site, landscape feature, object, structure, or earthwork, within St. Lucie County which has been designated pursuant to this ordinance or is located within an archaeological zone as defined in Section 1-10.2-3 shall be altered, restored, rehabilitated, excavated, moved or demolished until an application for a Certificate of Appropriateness regarding any architectural features, landscape features or site improvements-has been submitted to and approved pursuant to the procedures in this article. The application shall include, but not be limited to, the architectural style, scale, massi!1g, siting, general design and general arrangement of the exterior of the building or structure, including the type, style and color of roofs, windows, doors, walls and appurtenances. Architectural features shall include, when applicable, interior spaces where interior designation has been given pursuant to Article IV. Landscape features and site improvements shall include, but are not limited to, site grading, subsurface alterations, fill deposition, paving, landscaping, vegetation removal, 24 walls, fences, courtyards, signs and exterior lighting. No Certificate of Appropriateness shall be approved unless the architectural or development plans for said construction, alteration, excavation, restoration, rehabilitation, relocation or demolition are approved by the Historic Prosorv3tion Committoo Historical Commission. (2) No permit shall be issued by the County that affects any property designated pursuant to this ordinance without a Certificate of Appropriateness. (3) All work performed pursuant to the issuance of the Certificate of Appropriateness shall conform to the requirements of the certificate. The Board shall designate an appropriate official to assist the Historic Prcsorv::1tion Committeo Historical Commission by making necessary inspections in connection with enforcement of this chapter and shall be empowered to issue a stop work order if performance is not in accordance with the issued certificate. No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports shall be furnished to the Historic Proservation Committee Historical Commission and copies of any stop work orders both to the Historic Proserv3tion Committoo Historical Commission and the applicant. The Public Works Director or appropriate official and staff for the Historic Proserv3tion Committoo Historical Commission shall be responsible for ensuring that any work not in accordance with an issued Certificate of Appropriateness shall be corrected to comply with the Certificate of Appropriateness prior to withdrawing the stop work order. (4) Any certificate of appropriateness issued pursuant to the provision of this section shall expire twelve (12) months from the date of issuance, unless the authorized work is commenced within this time period or a building permit has been obtained. (5) Any change in work proposed subsequent to the issuance of a certificate of appropriateness shall be reviewed by the Historic Preservation Officer. If the Historic Preservation Officer finds that the proposed change does not affect the property's historic character and that the change is in accord with approved guidelines, standards and the general intent of the original certificate of appropriateness, the Historic Preservation Officer may issue a supplementary standard certificate of appropriateness for such change. If the proposed change is not in accord with the guidelines, standards or the original intent of the Certificate of Appropriateness, a new application for a special certificate of appropriateness shall be required. (6) A designated structure or home that is located in a historic district or archaeological zone may not be relocated except upon approval of a certificate of appropriateness. In considering such certificate the Board shall determine whether any reasonable alternative is available for preserving the improvement or structure on its original site and whether the proposed relocation 25 site is compatible with the historic and architectural integrity of the improvement or structure. (7) For the purpose of remedying emergency conditions determined to be dangerous to life, health or property, nothing contained herein shall prevent the making of any temporary construction, reconstruction or other repairs to a building or site in S1. Lucie county, pursuant to an order of a government agency or a court of competent jurisdiction. The owner of a building damaged by fire or natural calamity shall be permitted to stabilize the building immediately without Historic Prosorv~1Íion Committee Historical Commission approval and to rehabilitate it later under the normal review procedures of this ordinance. (8) Where the Historic Preservation Officer or the Historic Proserv3tion Committee Historical Commission determines that any improvement within a designated historic site or designate historic district is endangered by lack of maintenance and repair, or that other improvements in visual proximity to a historic sight or historic district lack maintenance and repair to such an extent as to detract from the desirable character of the historic site or historic district, such determination shall be reported to the Code Compliance Division. In the event the County Building Official determines that any structure within a designated historic site or historic district is unsafe pursuant to the Florida Building Code, as adopted by the County, or in violation of the Property Maintenance Ordinance as set forth in Section 13.09.00 of the S1. Lucie County Land Development Code, such official shall immediately notify the Historic Proserv~1tion Committee Historical Commission with a copy of any findings. Where reasonably feasible within applicable laws and regulations, the Code Compliance Division shall endeavor to encourage repair of the structure rather than its demolition and shall take into consideration any comments and recommendations by the Historic Preservation Officer. The Historic Preserv3tion Committee Historical Commission and/or the Board may take appropriate action to encourage preservation of any such structure. Section 1-10.2-114+. Forms and fees. Applications for Certificates of Appropriateness must be made on forms approved and provided by the Historic Proserv:Jtion Committee Historical Commission and must be submitted with the appropriate fee to the Historic Preservation Officer pursuant to the fee schedule established by resolution of the Board. Section 1-10.2-1248. Pre-application conference, Before submitting an application for a Certificate of Appropriateness, an applicant is encouraged to confer with the Historic Preservation Officer to obtain information and guidance before entering into binding commitments or incurring substantial expenses in the preparation of plans, surveys and other data. At the request of the applicant, the Historic Preservation Officer, or any member of the 26 Historic Prosorv3tion Committoo Historical Commission, an additional pre- application conference shall be held between the applicant and the Historic Proserv3tion Committeo Historical Commission or its designated representative. The purpose of such conference shall be to further discuss and clarify preseNation objectives and guidelines. In no case, however, shall any statement or representation made prior to the official application review be binding on the Historic Proserv3tion CommittoD Historical Commission, the Board, or any County department. The owner(s) of a designated property are also encouraged to consult with the Historic PreseNation Officer prior to the commencement of any routine maintenance and/or repairs to the site. Section 1-10.2-1349. Standards for review and issuance. The U. S. Secretary of the Interior's Standards for the Rehabilitation are hereby adopted as the standards by which applications for any Certificates of Appropriateness are to be measured and evaluated. In adopting these standards, it is the intent of this ordinance to promote the proper maintenance, restoration, preseNation, rehabilitation appropriate to the property, and compatible contemporary designs which are harmonious with the exterior architecture and landscape features of neighboring buildings, sites and streetscapes. From time to time, the Historic Proserv3tion Committee Historical Commission may adopt additional standards to preserve and protect special features unique to the County. Based on the Secretary of the Interior's Standards, the designation report, a complete application, any additional plans, drawings, photographs and samples of materials to fully describe the proposed project, the Historic Prosorv3tion Committee Historical Commission may approve or deny the application for a Certificate of Appropriateness. Section 1-10.2-142-0. Standard Certificate of Appropriateness. Where the action proposed in an application is a minor alteration to a designated site or contributing resource within a historic district, as specified by the rules of procedure of the Historic Prosorv3tion Committee Historical Commission, and satisfies the standards as set forth in Section 1-10.2-18, the Historic PreseNation Officer shall, within ten (10) calendar days of receipt of the complete application, approve or deny the application. The findings of the Historic PreseNation Officer shall be mailed to the applicant within three (3) days of the staff's decision, accompanied by a statement that explains the Officer's decision. The applicant shall have an opportunity to challenge the Officer's decision by applying for a Special Certificate of Appropriateness, within thirty (30) days of the Historic Preservation Officer's findings. Further, the applicant, may also request that his/her application be classified as a Special Certificate of Appropriateness so that the Historic Presorv3tion Committoo Historical Commission will consider it. Section 1-10.2-152-1-. Special Certificate of Appropriateness. 27 (1) Where the action proposed in an application involves a major alteration, relocation or demolition to a designated site or a contributing resource within a historic district, as specified by the rules of the Historic Preservation Committee, or where the Historic Preservation Officer finds that the action proposed in an application is not clearly in accord with the standards as set forth in Section 1-10.2-19, the application shall be classified as a Special Certificate of Appropriateness and the following procedures shall govern: (2) When a complete application is received, the Historic Preservation Officer shall place the application on the next regularly scheduled meeting of the Historic Prosorv::ltion Committeo Historical Commission. The Historic Proserv:1tion Committeo Historical Commission shall hold a public hearing with notice of the application and the time and place of the hearing as follows: a. The applicant shall be notified by mail at least ten (10) calendar days prior to the meeting. b. Any individual or organization requesting such notification and paying any established fees therefore shall be notified by mail at least ten (10) calendar days prior to the hearing. c. An advertisement shall be placed in a newspaper at least ten (10) calendar days prior to the hearing. d. The Historic Prosorv:1tion Committoo Historical Commission shall approve, deny or approve with conditions, subject to the acceptance of those conditions by the applicant. The Historic Proserv:¡tion Committoo Historical Commission may suspend action on the application for a period not to exceed thirty (30) days, in order to seek technical advice from outside its members, or to meet further with the applicant to revise or modify the application. e. The decision of the Historic Proserv3tion Committoo Historical Commission shall be issued in writing. Evidence of approval shall be by Certificate of Appropriateness issued by the Historic Prm::erv3tion Committoo Historical Commission or its designated staff. When an application is denied, the Historic Proserv:¡tion Committeo Historical Commission's notice shall provide an adequate written explanation of its decision. Section 1-10.2- 16~. Demolition. (1) Demolition of a building, site, district, landscape feature, object, structure, earthwork, or such resource that has been designated as historic pursuant to this ordinance or is located within an archaeological zone as defined in Section 1-10.2-3 may occur only pursuant to an order of a government agency 28 or a court of competent jurisdiction or pursuant to an approved application by the owner fora Special Certificate of Appropriateness. (2) Government agencies having the authority to demolish unsafe structures shall receive notice of designation of buildings, sites, districts, landscape features, objects, structures, and archaeological sites or zones. The Historic Preserv3tion Committee Historical Commission shall be deemed an interested party and shall be entitled to receive notice of any public hearings conducted by said government agency regarding demolition of any property designated or documented as historic pursuant to this ordinance. The Historic Preservation Committee Historical Commission may make recommendations and suggestions to the government agency and the owner(s) relative to the feasibility of and the public interest in preserving the designated property. (3) No permit for voluntary demolition of a building, site, district, landscape feature, object, structure, earthwork, an archaeological site, or such resource that has been designated as historic pursuant to this ordinance shall be issued to the owner(s) thereof until an application for a Special Certificate of Appropriateness has been submitted and approved pursuant to the procedures in this section. Refusal by the Historic Preser\'3tion Committee Historical Commission to grant a Special Certificate of Appropriateness shall be evidenced by written order detailing the public interest which is sought to be preserved. The Historic Preserv3tion Committee Historical Commission shall be guided by the criteria contained in Section 1-10.2-19. The Historic Preserv3tion Committoe Historical Commission may grant a Special Certificate of Appropriateness, which may provide for a delayed effective date of up to eighteen (18) months. The effective date shall be determined by the Historic Preser\fation Committee Historical Commission based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. During the demolition delay period, the Historic Preserv3tion Committee Historical Commission may take such steps as it deems necessary to preserve the structure concerned, in accordance with the purposes of this chapter. Such steps may include, but shall not be limited to, consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one (1) or more structures or other features. (4) In addition to all other provisions of this Section, the Historic PrGsÐrv~tion Committee Historical Commission shall consider the following criteria in evaluating applications for Special Certificates of Appropriateness for the demolition of a historic building, site, landscape fßature, object, structure, earthwork, or archaeological site. a. Whether the historic resource is of such interest or quality that it would reasonably meet national, state or local criteria for designation. 29 b. Whether the historic resource is of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense. c. Whether the historic resource is one of the last remaining examples of its kind in the County or the region. d. Whether the historic resource contributes significantly to the historic character of a designated historic district. e. Whether retention of the historic resource promotes the general welfare of the County by providing an opportunity for study of local history, architecture and design or by developing an understanding of the importance and value of a particular culture and heritage. f. Whether there are definite plans for reuse of the property where the historic resource is located, if the proposed demolition is carried out, and what will be the effect of those plans on the character of the surrounding area. Section 1-10.2-1723. Economic Hardship. (1) Where, by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to the particular applicant, strict enforcement of the provisions of this chapter would result in serious undue economic hardship to the applicant, the Historic Presorv:::ltion Committee Historical Commission shall recommend to the Board whether it is appropriate to vary or modify adherence to this ordinance; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect 81. Lucie County. (2) In any instance where there is a claim of undue economic hardship, the owner may submit, by affidavit, to the Historic Pmsorv:::ltion Committoo Historical Commission at least fifteen (15) days prior to the public hearing, the following information: a. For all property: 1. The amount paid for the property, the date of purchase and the party from whom purchased; 2. The assessed value of the land and improvements thereon according to the two (2) most recent assessments; 3. Real estate taxes for the previous two (2) years; 30 4. Annual debt service, if any, for the previous two (2) years; 5. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with his purchase, financing or ownership of the property; 6. Any listing of the property for sale or rent, price asked and offers received, if any; 7. Any consideration by the owner as to profitable adaptive uses for the property; 8. An estimate of the cost of the proposed demolition or relocation; 9. A report from a licensed engineer or architect with experience in historic rehabilitation as to the structural soundness of the structure, and its suitability for relocation and/or rehabilitation, however, the County may retain an independent engineer and/or architect to review and approve the report; and 10. An estimate from an architect, developer, real estate consultant, appraiser or other professional as to the economic feasibility of the rehabilitation or adaptive use of the existing structure however, the County may retain an independent engineer and/or architect to review and approve the estimate. b. For income-producing property: 1. Annual gross income from the property for the previous two (2) years; 2. Itemized operating and maintenance expenses for the previous two (2) years; and 3. Annual cash flow, if any, for the previous two (2) years. (2) The Historic Proservotion Committee Historical Commission may require that an applicant furnish such additional information as the Historic Preservotion Committee Historical Commission believes is relevant to its determination of undue economic hardship and may provide in appropriate instances that such additional information be furnished under seal. In the event that any of the required information is not reasonably available to the applicant 31 and cannot be obtained by the applicant, the applicant shall file with his/her affidavit a statement of the information that cannot be obtained and shall describe the reasons why such information cannot be obtained. Section 1-10.2-1824. Maintenance of designated properties. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any elements of any building, agricultural property, utility or structure which does not involve a change of design, appearance or material, and which does not require a building permit. ARTICLE VI. CERTIFICATE TO DIG Section 1-10.2-192-5. Certificate to Dig. (1) A Certificate to Dig is a type of Certificate of Appropriateness. Within an archaeological zone as defined in Section 1-10.2-3, new construction, filling, digging, the removal of trees, or any other activity that may alter or reveal an archaeological site shall be prohibited without a Certificate to Dig. All applications to all appropriate County agencies involving new construction, demolition, large-scale digging, the removal of trees or any other activity that may reveal or disturb an archaeological site in an archaeological zone shall require a Certificate to Dig before approval. Based on a complete application for a Certificate to Dig and any additional guidelines the Historic ProEerv3tion Committee Historical Commission may deem necessary, the staff of the Historic Prosorv3tion Committee Historical Commission shall, within ten (10) days from the date the completed application has been filed, approve or deny the application for a Certificate to Dig by the owners of a property in a designated archaeological zone. The applicant shall have an opportunity to challenge the Officer's decision by applying for a Special Certificate of Appropriateness, within thirty (30) days of the Officer's findings. Further, the applicant may also request that his/her application be classified as a Special Certificate of Appropriateness so that the Historic Preserv3tion Committee Historical Commission will consider it. (2) The Certificate to Dig may be made subject to specified conditions, including but not limited to conditions regarding site excavation. In order to comply with the requirements of the Certificate to Dig, the applicant may be required to conduct an archaeological excavation by a professional archaeologist who meets the U.S. Secretary of the Interior's Standards to conduct excavations and monitoring from the time of the approval of the C,ertificate to Dig until the effective date thereof. The findings of the Officer shall be mailed to the applicant by registered mail promptly. The applicant shall have the opportunity to challenge the staff decision or any conditions attached to the Certificate to Dig by filing a written notice of appeal to the Historic Proserv3tion Committee Historical Commission within thirty (30) days after receipt. 32 (3) Approved Certificates to Dig. Approved Certificates to Dig shall contain an effective date not to exceed sixty (60) days, at which time the proposed activity may begin, unless the Historic ProseN3tion Committee Historical Commission decides to designate the site in question as an individual site or district. In that case, all the rules and regulations pertaining to the designation process shall apply from the date the designation report has been filed. (4) All work performed pursuant to the issuance of a Certificate of Appropriateness or Certificate to Dig shall conform to the requirements of such Certificate. It shall be the duty of the appropriate government agencies and the staff of the Historic Proserv3tion Committoo Historical Commission to inspect from time to time any work pursuant to such Certificate to assure compliance. In the event work is performed not in accordance with such Certificate, the Historic Preservation Officer shall be empowered to issue a stop work order and all work shall cease. No person, firm or corporation shall undertake any work on such projects as long as such stop work order shall continue in effect. ARTICLE VI. APPEALS Section 1-10.2-2026. Appeals. Within thirty (30) days of the written decision of the Historic Prosorv3tion Committee Historical Commission, an aggrieved party may appeal the decision by filing a written notice of appeal with the Clerk of the Board of County Commissioners. The notice of appeal shall state the decision which is being appealed, the grounds for the appeal, and a brief summary of the relief which is· sought. Within sixty (60) days of the filing of the appeal or the first regular Board meeting which is scheduled, whichever is later in time, the Board shall conduct a public hearing at which time they may affirm, modify or reverse the decision of the Historic Presorv3tion Committee Historical Commission. Nothing contained herein shall preclude the Board from seeking additional information prior to rendering a final decision. The decision of the Board shall be in writing and a copy of the decision shall be forwarded to the Historic Prosorv3tion Committee Historical Commission and the appealing party. Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the Board may appeal an adverse decision to the Circuit Court in and for 8t. Lucie County, Florida. ARTICLE VIII. PENALTIES Section 1-10.2-212+. Penalties. The provisions of this ordinance may be enforced by the 8t. Lucie County Code Enforcement Board. This provision shall not preclude enforcement of this article in the Circuit Court or as otherwise authorized by law. 33 ARTICLE IX. INCENTIVES Section 1-10.2-2228. Incentives. All properties designated as historic resources pursuant to this ordinance shall be eligible, upon application by the owner(s), for any available financial assistance set aside for historic preservation by S1. Lucie County contingent on the availability of funds and the scope of the project as described in the application. Section 1-10.2-2329. historic properties. Tax exemptions for rehabilitations to designated (1) Scope of tax exemptions. A method is hereby created for the Board, at its discretion, to allow tax exemptions for the restoration, renovation, or rehabilitation of historic resources. The exemption shall apply to one hundred percent (100%) of the assessed value of all improvements to historic properties which result from restoration, renovation, or rehabilitation made on or after the effective date of this ordinance. The exemption applies only to taxes levied by S1. Lucie County. The exemption does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article VII of the Florida Constitution. The exemption does not apply to personal property. (2) Duration of tax exemptions. Any exemption granted under this section to a particular property shall remain in effect for ten (10) years. The Board shall have the discretion to set a lesser term. The term of the exemption shall be specified in the ordinance approving the exemption. The duration of the exemption as established in the ordinance granting the exemption shall continue regardless of any change in the authority of the County to grant such exemptions or any change in ownership of the property. In order to retain an exemption, however, the historic character of the property, and improvements which qualified the property for an exemption, mU$t be maintained in their historic state over the period for which the exemption was granted. (3) Eligible properties and improvements. Property is qualified for an exemption under this section if: a. At the time the exemption is granted, the property: 1. Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or 34 2. Is identified as a contributing property in a National Register of Historic Places listed district; 3. Is individually listed in the St. Lucie County Register of Historic Places pursuant to this ordinance; 4. Is identified as a contributing property to a historic district, under the terms of the St. Lucie County Ordinance. b. The Historic Proserv8tion Committee Historical Commission has certified to the Board that the property for which, an exemption is requested satisfies Subsection 1-1 0.2-28(a). (4) In order for an improvement to a historic property to qualify the property for an exemption, the improvement must: a. Be consistent with the U.S. Secretary of the Interior's Standards for Rehabilitation; and b. Be determined by the St. Lucie Historic PresGrv8tion Committee Historical Commission to meet the criteria established in the Rule 1A-38, Florida Administrative Code. c. The St. Lucie County Historic Proserv8tion Committee Historical Commission has issued a Special Certificate of Appropriates for the proposed improvements. (5) Applications. Any person, firm, or corporation that desires an ad valorem tax exemption for the improvement of a historic property must, in the year the exemption is desired to take effect, file with the Board a written application on a form prescribed by the Department of State. The application must include the following information: a. The name of the property owner and the location of the historic property; b. A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements; c. Proof, to the satisfaction of the Historic Proserv3tion Committee Historical Commission, that the property that is to be rehabilitated or restored has been designated historic pursuant to this ordinance; d. Proof, to the satisfaction of the HiGtoric Proserv8tion Committee Historical Commission, that the improvements to the property 35 will be consistent with the U.S. Secretary of Interior's Standards for Rehabilitation; e. Other information identified in appropriate Department of State regulations, or requested by the Historic Prosorv::ition Committeo Historical Commission; and f. A completed application for a Special Certificate of Appropriateness for the qualifying restoration or rehabilitation. (6) Required covenant. To qualify for an exemption, the property owner must enter into a covenant or agreement with the Board for the term for which the exemption is granted. The form of the covenant or agreement must be established by the Department of State and must require that the character of the property, and the qualifying improvements to the property, be maintained during the period that the exemption is granted. The covenant or agreement shall be binding on the current property owner, transferees, and their heirs, successors, or assigns. Violation of the covenant or agreement results in the property owner being subject to the payment of the differences between the total amount of taxes which would have been due in March in each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Section 212.12(3), Florida Statutes. (7) The Historic Prosorv~tion Committoo Historical Commission, or its successor, is designated to review applications for exemptions. The Historic Prosorv3tion Committee Historical Commission must recommend that the Board grant or deny the exemption. Such reviews must be conducted in accordance with rules adopted by the Department of State. The recommendation, and the reasons therefore, must be provided to the applicant and to the Board before consideration of the application at an official meeting of the Board. (8) Approval by Board. A majority vote of the Board shall be required to approve a written application for exemption. Such exemption shall take effect on the January 1 following substantial completion of the improvement. The Board shall include the following in the resolution approving the written application for exemption: b. The name of the owner and the address of the historic property for which the exemption is granted; c. The period of time for which the exemption will remain In effect and the expiration date of the exemption; and d. A finding that the historic property meets the requirements of this ordinance. 36 PART B. The specific amendments to Chapter 1-16 of the St. Lucie County Code and Complied Laws to read as follows, include: ARTICLE I. Unchanged ARTICLE II. Unchanged ARTICLE III. HISTORICAL COMMISSION Sec. 1-16-41. Creation. An historical commission to be called "St. Lucie County Historical Commission" hereinafter referred to as the "Historical Commission," is hereby established. Sec. 1-16-42. Organization. (a) Composition, qualification of members board of directors. The members board of diroctors of the H~istorical C6ommission shall be composed of the following mom bon:;. Each county commissioner shall appoint one member to the Historical Commission board of directors. Additional members shall be the president, or the president's desiqnee, of the followinq orqanizations: The St. Lucie Historical Society, Inc. St. Lucie Villaqe Heritaqe, Inc. White City Improvement Club, Inc. Port St. Lucie Historical Group, Inc. St. Lucie County African-American Revitalization Cultural Historical Association, Inc. Hispanic Cultural Foundation, Inc., of tho St. Lucie Historical Society or his dosignoo, the prosident of St. Lucie Village Heritago or his dosignee, a representativo of tho '.^lhite City Improvement Club representing tho historical group of '-A/hite City, ::1 represontativo from the City of Port St. Lucie Historic::11 Group reprosonting tho City of Port St. Lucio, a roprosentative of tho Southeast Florid::1 /\rchaeological Socioty, and two (2) members at large recommended by the other members of the H~istorical C60mmission and appointed by the Beoard of C60unty C60mmissioners. Only one (1) member from a family may be appointed. Family is defined as husband, wife, grandparents, parents, stepparents, brothers, stepbrothers, half-brothers, sisters, stepsisters, half-sisters, children and stepchildren. In selecting citizens to serve on the board of diroctors of tho H~istorical C60mmission, the Beoard of C60unty C60mmissioners may consider the recommendations of the H~istorical C60mmission , if any, and the interest and documented knowledge of such citizens in the history, cultural lore and development of the county. Each member of the Historical Commission shall hold office only so lonq as he or she is a resident of St. Lucie County. (b) Appointment of members of tho board of dhnctors; terms; vacancies; failure to attend meetings. The appointments to the board of directors of tho H~istorical C60mmission shall be as follows: 37 The term of members appointed by individual county commissioners shall coincide with the term of the commissioner making the appointment. The remaining members shall be appointed for terms of four (4) years. With the exception of members appointed to fill vacancies as provided herein, each member's term shall begin on December first of the year of his appointment. Members may serve more than one (1) term if reappointed, but no member shall be reappointed for more than two (2) consecutive terms. Provided, however, when a county commissioner leaves office prior to the end of this term, his successor may replace the member appointed by him with an individual of his choosing who shall complete the unexpired term of the replaced member. Upon reelection to another term, a county commissioner shall determine whether to reappoint the individual or replace him with another individual of his choosing. Appointments to fill any vacancy on the HÞistorical CGommission shall be for the remainder of the unexpired term of office. If any member fails to attend three (3) successive reqular meetings without cause and without ßfÏeF-approval of the Historical Commission ch3irm3n, the HÞistorical CGommission shall declare the member's seat vacant. Any member of the HÞistorical CGommission may be removed by the Beoard of CGounty CGommissioners at any time provided, however, that before such removal said member shall be provided written charges and given an opportunity to appear in his defense at a public meeting. Upon removal of a member or vacancy created by a member's resignation or declaration of the HÞistorical CGommission , the member's respective appointing body shall immediately replace him with another appointee. (c) Quorum. All Historical Commission meetinqs shall be held in a public forum. The presence of fifty (50) par cent percent plus one of the members shall constitute a quorum of the HÞistorical CGommission. A quorum shall be required for the HÞistorical CGommission to conduct any official business. An affirmative vote equal to a majority of the quorum present shall be necessary for the adoption of any motion. (d) Special advisors. Special advisors may be appointed by the Board of County Commissioners upon the recommendation of the Historical Commission. They shall serve as ex-officio members havinq no vote. The Historical Commission may also seek expertise on proposals or matters requirinq evaluation by professionals. (e) OrGanization. The members of the Historical Commission shall elect members to serve as the Commission's Chair and Vice-Chair, for a period of one (1) year. Nothinq shall prevent the Historical Commission from electinq a Chair or Vice-Chair for successive terms. The Historic Preservation Officer or such Officer's representative shall serve as staff liaison to the Historical Commission, with respect to matters reqardinq Historic Preservation under Section 1-10.2, St. Lucie County Code of Ordinances and Compiled Laws, with no vote. The Director of the Cultural Affairs Council shall serve as staff liaison to the Historical Commission, with respect to all other matters, with no vote. 38 Sec. 1-16-43. Compensation and grants. The members of this HRistorical C60mmission shall receive no compensation, but may be reimbursed for traveling expenses as provided in section 112.061, Florida Statutes. Members of the HRistorical C60mmission shall not receive directly or indirectly any grant funded in whole or part by the Beoard of C60unty C60mmissioners. Sec. 1-16-44. Meetings; rules. The b03rd of directors of the historic31 commiSSion sh~1I meet 3t ~n ~ppropri3te pl3ce 3nd sh311 ~rr~nge ~ time f{)r holding regul3r meetings 3nd such other meetings ~s sh~1I be necess~ry. The Historical Commission shall be required to hold reqular meetinqs at least four (4) times a year or more frequently as may be necessary to satisfy the review and hearinq requirements set forth in Section 1-10.2, S1. Lucie County Code of Ordinances and Compiled Laws. The Historical Commission may conduct special meetinqs as the Historical Commission may determine. or at the call of the Chair for consideration of business before the Historical Commission. All meetinqs of the Historical Commission shall be publicly announced and shall be open to the public. Meetinqs will have a previously advertised aqenda. The time and place of the meetinqs. the order of business and the procedures to be followed shall be as prescribed by the Historical Commission and shall be available for public inspection. All meetinqs convened to consider local historic desiqnation. Certificates to Diq or Special Certificates of Appropriateness shall be advertised at least ten (10) days prior to the meetinq in a newspaper havinq a qeneral circulation within S1. Lucie County. The bo~rd of directors of the HRistorical C60mmission may adopt such by-laws as it deems necessary, subject to the approval of the Beoard of Ceounty C60mmissioners, and it may determine the duties of its members and employees. The Historical Commission shall keep minutes and records of all meetinqs and proceedinqs, includinq votinq records. attendance. resolutions. findinqs, determinations. and decisions. Such records shall be filed in the office of the Historic Preservation Officer and shall be open for public inspection. Sec. 1-16-45. Duties--collection of data, etc. The HRistorical C60mmission shall encourage the collection, arrangement, recordation, and preservation of historical material and data, including books, pamphlets, maps, charts, manuscripts, family histories, United States Census records, papers, and other objects and material illustrative of and relating to the history of the county and of Florida. The HRistorical C60mmission shall procure and preserve narratives and material of every descriptior;1 relative to the history of S1. Lucie County and of Florida for deposit at museums owned and/or operated by S1. Lucie County. The HRistorical C60mmission shall obtain the approval of the C6ultural Aaffairs Dairector or fH.s the Director's designee prior to the deposit of any narrative or material at any museum owned and/or operated by the county. The Historical Commission shall fulfill its duties under the Historic 39 Preservation Ordinance, Section 1-10.2, St. Lucie County Code of Ordinances and Compiled Laws. Sec. 1-16-46. Same--Marking of historic sites. The HÞistorical Ceommission may, upon its own initiative or upon petition of historical societies, mark by proper monuments, tablets, or markers, the location of forts, Indian mounds, or other places in the county. Before any monument, tablet, or marker shall be placed or erected on county property, the Beoard of Ceounty Ceommissioners shall obtain from the HÞistorical Ceommission a recommendation concerning design and content. Sec. 1-16-47. Filing and recordation of data. The clerk of the circuit court of the county shall file and record, without charge, in a book or books which shall be furnished such clerk by the Beoard of Ceounty Ceommissioners, all historical material and data that the HÞistorical Ceommission may direct to be filed and recorded. Sec. 1-16-48. Expenses. The Bboard of Ceounty Ceommissioners shall pay the expenses of the HÞistorical Ceommission out of the general fund of the county. Sec. 1-16-49. County to provide repository. The Beoard of Ceounty Ceommissioners may provide suitable and adequate space as a repository for the records, supplies, and equipment of the HÞistorical Ceommission. Secs. 1-16-50--1-16-60. Reserved. PART C. 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 D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumst,ance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. 40 PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect upon December 11, 2006. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward XXX Vice Chairman Chris Craft XXX Commissioner Joe Smith XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX P ART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the S1. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through I shall not be codified. PASSED AND DULY ENACTED this day of ,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman 41 APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 42 #III "., AGENDA REQUEST ITEM NO. 58 DATE: December 5,2006 REGULAR [ ] PUBLIC HEARING fi CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Ordinance No. 06-051 -All Terrain Vehicle Operation on Unpaved Roadways BACKGROUND: See CA No. 06-1752 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends adoption of proposed Ordinance No. 06-051. &c] APPROVED [ ] DENIED [-] OTHER: Approved 5-0 CE: COMMISSION ACTION: Doug a . Anderson County Administrator ):r [X] County Attorney: Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 <. INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 06-1752 DATE: December 5, 2006 SUBJECT: Ordinance No. 06-051 - All Terrain Vehicles on Unpaved Roadways. BACKGROUND: The Legislature recently enacted Section 316.2123, Florida Statutes, effective October 1, 2006, which allows all-terrain vehicles (A TV's) to be operated during the daytime by a licensed driver or a minor under the supervision of a licensed driver on unpaved roadways where the posted speed limit is less than 35 miles per hour. The newly created Section 316.2123 contains a provision which allows the County to be exempt from such section if "the governing bodyof the county, by a majority vote, following a noticed public hearing, votes to exempt the county from such section." The Sheriff and some county residents have requested that the Board vote to exempt the County from this statute. RECOM M ENDATION ¡CONCLUSION: Staff recommends adoption of proposed Ordinance No. 06-051. ~ eather Sperrazza Lueke Assistant County Attorney HL/ ORDINANCE NO. 06-051 AN ORDINANCE AMENDING ARTICLE I, CHAPTER 1-17, ROADS AND BRIDGES, ST. LUCIE COUNTY CODE AND COMPILED LAWS, BY CREATING SECTION 1-17-2, ALL TERRAIN VEHICLE OPERATION ON UNPAVED ROADWAYS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made the following determinations: 1. The Legislature recently enacted Section 316.2123, Florida Statutes, effective October 1, 2006, which allows all-terrain vehicles (A TV's) to be operated during the daytime by a licensed driver or a minor under the supervision of a licensed driver on unpaved roadways where the posted speed limit is less than 35 miles per hour. A TV's are currently defined in statute as any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator with no passenger. The definition of A TV also includes any two-rider A TV; and 2. To permit the use of A TV's on the County's unpaved roads would be unsafe, and would lead to accidents, rollovers, serious injury, and death. Also, there are serious risks associated with allowing children to operate an adult-sized A TV on a public road, as every year there are many people, including children, who are severely injured due to A TV accidents. Such accidents have included brain damage and paralysis. 3. The newly created Section 316.2123 contains a provision which allows the County to be exempt from such section if lithe governing body of the county, by a majority vote, following a noticed public hearing, votes to exempt the county from such section." 4. The Sheriff has recommended that the Board vote to exempt St. Lucie County from this statute for the safety of the County's citizens. Strucl< threugh passages are deleted. -1- Underlined passages are added. 5. Section 316.2123 would endanger the health, safety, and welfare of its residents and visitors and the County desires to be exempt from Section 316.2123, thereby prohibiting the operation of A TV's on county paved or unpaved roadways. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-17 (ROADS AND BRIDGES), ST. LUCIE COUNTY ,CODE AND COMPILED LAWS, TO CREATE SECTION 1-17-2 (ALL TERRAIN VEHICLE OPERATION ON UNPAVED ROADWAYS). Article I (In General) of Chapter 1-17 (Roads and Bridges) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to create Section 1-17-2 (All terrain vehicle operation on unpaved roadways) to read as follows: Section 1-17-2. All Terrain Vehicle Operation on Unpaved Roadways. The provisions of Section 316.2123(1). Florida ·Statutes. conditionally allowing all terrain vehicle operation on unpaved roadways. shall not be applicable in St. Lucie County. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. 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 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. StF'ucl< thF'ðUgh passages are deleted. -2- Underlined passages are added. PART E. EFFECTIVE DATE. This Ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. 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 "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F 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: BY: County Attorney Strucl( threugh passages are deleted. -3- Underlined passages are added. ;. . ., Ai¿~ ...~.. ~ ~""-L-U.C·····-·"'··-·'ir"'· .. ..~ - ,~; ,.,«, <"tC' ,~~~- .'~..~'." .... -.w-." IF-,'- , " "r' .. ~. ;' '" ~4; ,¡Ç?" ~~":. , . ~b£riff KENJ.MASCARA .~.'.'''' ~ '. . Telephone: (772) 462-3200 . Fax: (772) 489-5851 4700 West Midway Road' Fort Pierce, Florida 34981 October 5, 2006 or' ~~, .\ \~. j {'~-' '~O Commissioner Doug Coward, Chairman St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 ~. 0 cr 1 0 2006 .""'"' ~.# ílf'~ ;: ''- .~. . . A\" Dear Commissioner Coward: As you mayor may not be aware, the Florida Legislature passed a law (Florida Statute §316.2123), effective October 1, 2006, allowing the operation of all-terrain vehicles (ATVs) and off-highway vehicles on unpaved roadways by any licensed driver (a copy of which is attached). Anyone, including minors, may now operate such vehicles on any unpaved roads, raising serious concerns for the safety of our citizens. I am therefore requesting that the County, pursuant to subsection (2) ofthe statute, adopt an ordinance exempting the County from this statute. My greatest concerns are twofold. First, the section allows operation by a minor "under the supervision of licensed driver." The statute neither defines supervision, nor does it require "adult" supervision (arguably a 16 year-old licensed driver may "supervise" a child operating an ATV and be in compliance with the law). Enforcement ofthis is a significant challenge, Secondly, I am afraid of a significant increase in the chances of a fatal accident between an ATV and a pickup truck traveling the dirt roads in the western, agricultural portions of the County. A child on an ATV versus a truck weighing 6000 lbs. or more is not an accident scene we should be responding to. These two vehicles simply do not belong on the same roadways. Attached is a sample ordinance passed in Pasco County; note that in addition, similar ordinances have been passed in Citrus, Collier, Columbia, Hernando, and Putnam counties, and are under consideration in Alachua and Suwannee. I urge you to pass such an ordinance for the safety of our citizens. Sincerely, ../ ~~......./--' /' ..>;r. ,// .-y~--==-"- /KenJ. Mascara Sheriff cl cc. Mr. Doug Anderson Dan McIntyre, Esq. October 4, 2006 cc~ \\'i2f]E!{~ () 2 0 CT (I£' 2006 ).,. ~~?)" /#.\// '"r"'I" *' . ' 4. 'C' . / County Commissioner 2300 Virginia Ave. Ft. Pierce, F1 34982 Re: New State Law that a110ws ATV's on unpaved Public roads with speed limits under 35 mph. Dear Commissioner, My family and I all are ATV enthusiasts' that enjoy the family sport of riding ATV's. We wear helmets and safety protection. We don't ride on public roads or trespass. We feel the above new law is 3 steps backwards in the progression of this sport. We live on Koblegard Rd, in Ft. Pierce and have had many dealings (unpleasant) with ATV's on this road, tearing the road up digging trenches, and throwing noise around, not to mention the anxiety of meeting one of these head on around a blind comer. These encounters have involved Law enforcement at Taxpayers expense. 1 have never seen any of these under aged individuals wear a helmet or safety gear. We urge you to Opt out of this new law as Citrus, Hernando, Pasco, Co11ier, Columbia, and Putnam counties have already done. This new law will create a nightmare free for alJ that pits ATV's versus Trucks and cars. I feel this wi11 take an already unpopular sport and make. it much worse with potential conflicts, injuries and Law enforcement negative scenarios, Please ask your local law enforcement representatives what they feel about this new law. Also, please see enclosed 51. Petersburg Times article and do the right thing as these 6 counties have done. Please opt out of this law before any potential conflicts arise. Thank you for your time and consideration, ~~ Jerry, Sharon and Destry Bittle . 5425 Koblegard Rd. Ft. Pierce, Fl. 34951 Cell 772-370-9846 \ , AGENDA REQUEST ITEM NO. SC DATE: December 5, 2006 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [X] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Petition for Abandonment 12-foot Utility Easement in Lexington Square between Lots 16 & 1 7 Resolution 06-341 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 10,2006 - Pennission to Advertise Public Hearing RECOMMENDATION: Staff recommends the Board approve Resolution No. 06-341, instruct staff to publish the Final Notice of Abandonment, and record Resolution No. 06-341, Proof of Publication of the Notice ofIntent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Final Notice of Abandonment in the Public Records of St. Lucie County. COMMISSION ACTION: CE: [)g APPROVED [ ] OTHER [ ] DENIED - Approved 5-0 Dougla . Anderson County Administrator [X] County Attorney: Þ-k Review and Approvals [X] Originating Dept: Jh\./.. [X] Road and Bridge: B Z [X] Engineering: ¡('IVP [X] Public Works: MVp~ /)ßl1f [ ] Purchasing: -!' .... PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: December 5, 2006 SUBJECT: Public Hearing Abandonment of a 12 foot Utility Easement between Lots 16 and 17 Resolution No. 06-341 BACKGROUND: The Property Acquisition Division received a request from Harvey Newman to abandon a platted 12-ft utility easement between Lots 16and 17 in Lexington Square. Mr. Newman owns the property on both sides of the utility easements. Mr. Newman is planning to construct a shopping center, Carlton Plaza, on parcels 16 and 17. In order to,accomplish this task, Mr. Newman is requesting the Board of County Commissioners grant the abandonment of the 12 foot utility easements that divide the parcels. (The entire Abandonment Package is available in Property Acquisition.) Notice of Intent to Abandon was advertised on April 4 and April 11, 2006. County staff members have reviewed the petition and have filed rlO objections to the proposed abandonment. All relevant public utilities have been notified and no objections have been filed. County staff members have reviewed the petition and have no objection to the abandonment of the utility easement. RECOMMENDATION: Staff recommends the Board approve Resolution 06-341, instruct staff to publish the final Notice of Abandonment and record Resolution 06-341, Proof of Publication of the Notice of Public Hearing and Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. Respectfully submitted, JoAnn Riley Property Acquisition Manager mt'Ifl't1I/l1'ftrl 11100 !>104 eræ fm11 Im7 ffl79 32!) mr. ~ ::I:: ~ 1>171 fI801 :::; WII..LINßBURG WAY ~ 6310 1.1311 (¡¡111 1.1313 6310 1.1321 Œ Œ 11163 Q Q ¥ w 8 CI ~ I'.) II1S9 Z Œ ~ W :: fI801 6IlOO (¡¡ISI> 69œ $9i'!I> ~ (¡¡51 QW 6311 11143 .31 it31 &133 &135 .31 ~ 11143 .39 1941 œ5( Ø41 :: ... ! G739 00 ~ ~ 11135 (¡¡31 BMZlUAN CIR TRl m 3æ 35IiI 1041 7œI .. DESCRIPTlON &: SKETCH PREPARED FOR: WYNNE BUILDING CORPORATlON 12' UTI LITY EAS EM ENT (ABANDONMENT) "0 o o r') WlWAMSBURG WAY 60' RIGHT-OF-WAY N90'00'OO"E 240,00' ~10' UTlUTY EASE~ENT ""0 o ui ...- ...- . LOT 16 LEXINGTON SQUARE (pa 24, PG 2) LOT 15 o o l[) N N ;U N o '0 o b o z . o o o b o Il:Í ~ 12' UTILITY EASEMENT (TO BE ABANDONED) ~iì' <15 t5~ <VI ~L5 ~~ D;:¡ ...- .¡:: or- ~=' LOT 17, LEXINGTON SQUARE CPB 24, PG 2) L "-40' DRAINAGE AND UTlUTY EASEMENT N90·00·OO"W 265.00' LOT 14 LOT 19 LEGEND: DE = ORA I AAGE EASEI.ENT DB = DEED BOOK LB = LICENSE BUSINESS LS = LI CENSE SURVEY (~) = ~SURED òRe = OFFICIAL RECORD BOOK PB = PLAT BOOK PG = PAGE POO = POINT OF BEGINHI~ po:: = POI NT OF Cw.ENCEI.ENT RIW = RIGHT-of-wAY RþB = ROAD PLAT BOOK UE = UT III TY EASEhENT ALEXANDER J. PIAZZA PSM, INC. Surveying · Mopping· Consulting 619 SW Biltmore street Pert St. Lucie, Florida 34983 Phone: (772) 340-7770 Fax: (772) 340-2250 LBf72eO . ._. ____a _. .______ _. ,~, ^, "...,....C"I... _I...~ c:;/?c::;/?nn;.. CAD REF FLD OFF CKD a L R"" \0 t:,- ",,)?-.5' ~ 90..9 '0 --¡ °t~· l,¡J. l(o tD :z: -II ~. a Õ~ ò I U1 .. 0 o~ 12' FP&L 0 -õ EASEMENT 0\ a ifl/) t') ~ 0 0 (.:J ö ~ a 0 C\I C:::>- \0 W O~ 0 I P ~"- 0 u1> Ç> O~ 0 US! 0 zO: ~ U) <:0 _Z J:ID -'W . ¡:=;:¡; 0 =:>w 0 I VI 0 . < ;:w ~ ~ 30.00' K:\BUILDERS\DWG2006\DWG\06-272SK K:\BUILDERS\DWG2006\DWG\06-272 N/A FE. PG. JOB 06-D272 AJP DATE AJP SHEET 2 OF 2 DWG h:47103 AM EDT 5-25-06 A-D013 · ~ 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. 06-341 DATE: December 5,2006 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 UTILITY EASEMENTS LYING IN SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. 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 11.10.01 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 24, Page 2, St. Lucie County and the general public have a dedicated interest in the following described land: THAT CERTAIN 12 FOOT EASEMENT LYING CENTER OF THE COMMON LOT LINE BETWEEN LOTS 16 AND 17 OF THE LEXINGTON SQUARE ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24 AT PAGE 2 OF THE PUBLIC RECORDS ST. LUCIE COUNTY, FLORIDA 3. The abandonment of the utility easement will pennit Mr. Harvey Newman the most efficient utilization of the Petitioner's property. 1 · 4. A Notice of Intent to Abandon was advertised on April 4, 2006 and April 11, 2006 and no objections were filed. 5. All relevant public utilities have given written consent for the abandonment. 6. County Department staff members have reviewed the petition and have filed no objections to the proposed abandonment. 7. All abutting property owners have been notified and no objections have been filed. 8. On October 10, 2006 the Board of County Commissioners approved Pennission to Advertise for a Public Hearing on December 5, 2006 9. On November 17, 2006, a Notice of Public Hearing was advertised in the Fort Pierce Tribune. 10. It is in the best interest of the public to vacate and abandon the utility easements more particularly described as follows: THAT CERTAIN 12 FOOT EASEMENT LYING CENTER OF THE COMMON LOT LINE BETWEEN LOTS 16 AND 17 OF THE LEXINGTON SQUARE ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24 AT PAGE 2 OF THE PUBLIC RECORDS ST. LUCIE COUNTY, FLORIDA NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That a utility easement more particularly described asfollows: THAT CERTAIN 12 FOOT EASEMENT LYING CENTER OF THE COMMON LOT LINE BETWEEN LOTS 16 AND 17 OF THE LEXINGTON SQUARE ACCORDING TO THE PLAT THEREOF, AS RECORDED IN 2 ~ ~ PLAT BOOK 24 AT PAGE 2 OF THE PUBLIC RECORDS ST. LUCIE COUNTY, FLORIDA 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 Vice-Chairman Frannie HuthblS011 Commissioner Paula Lewis Commissioner Chris. Craft Commissioner Joseph Smith PASSED AND DULY ADOPTED this srh day of December 2006 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ATTEST: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY 3 , . ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ¡¡¡;¡<::~'tl#:1!!a-~I:'.e Q"~\~~')J¡~~~~~ìft.~.'S.t ... __ .. __.. o. _, ... _ n_. ".. "__" _. __.._ . ~.~ ;~'~: / ~.~.<..( : ':~.~~ ¿;} ·1~,~',g;.~:~~'J~: ;.:~: ':'.~ ~:~ .~. ~,~ .~. ./ :;.~::. '.~'~::<~;:~: ;~;: 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 subdivisio~ 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 law as more particularly set forth in Florida Statutes, Section 177.101, as amended, Florida Statutes, Sections 336.09 and 336.10, as amended, and St. Lucie County Land Development Code, Section 11.10.01 et. seq. ****************************************************************************************************** TYPE OF ABANDONMENT REQUESTED (check one or more as applicable) ("*" indicates requirement for public hearing) _ A Plat (*) _ A Portion of a Plat (*) _ County Road Right-of-way (*) _ Drainage Easement not Affecting Road Drainage ~ Public Utility Easement _ Drainage Easement Affecting Road Drainage (*) Oth er _ 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. . r ( . 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 ad jacent 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: recorded in: Lexington Square Recorded Plat (Plat Book and identification, Deed, or other title evidence) Plat Book #24, Page 2 (Copy attached) (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 (EXHrBIT "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 th is 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 liE-I". "E_2". etc.) 7. Attached hereto as (EXHIBIT "Flit consecutively numbered "F-I ". "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. .~ ., 9. 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 jurisdiction of the St. Lucie County Board of County Commissioners. 10. The Petitioner hereby çertifies that the petition site is not a public accessway to any publicly accessible waters in the County, or that 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 instrument recorded in Official Record Book _li, Page~, 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 "b" BELOW) G) 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 "!"). 14. The Petitioner hereby submits a statement (EXHIBIT "J") 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) 4/4/06 (First date published) 4/11/06 (Second date published) A COPY OF THE PROOF OF PUBLICATION SHALL BE ATTACHED TO THIS PETITION AS (EXHIBIT "K"). NOTICE TO PETITIONER: IF THE ABANDONMENT REQUESTED REQUIRES A PUBLIC HEARING PURSUANT TO LAW, PETITIONER SHALL BE GIVEN NOTICE TO POST A SIGN (17" x 24" OR 17" x 17") UPON THE PETITION SITE IN A CONSPICUOUS AND EASILY VISIBLE LOCATION, ABUTTING A PUBLIC THOROUGHFARE, WHEN POSSIBLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING GIVING NOTICE OF THE TIME AND DATE OF THE PUBLIC HEARING ON THE PETITION TO ABANDON OR VACATE. --...... , ." DATE: THIS PETITION MUST BE EXECUTED BEF~!3€'f-NÓ~ ;~¿~-B~~~-'~-) ~ ./ . -- ~ . ,/ ,/'~ ;~ ~-- ~\\':.~C - ,,/<,:/ ,/ ,,' ( __--/'.~ . Pe!itíoner ·""signa ur~~ . L ,.. H rvey A. Newman Type olr print Petitioner's nome 8000 South US 1, suite 402 Petitioner's Address Port St,. T,nr;p. FT. 14Q'l? (772) 878-5513 Petitioner's Phone Number COUNTY OF St. Lucie STATE OF Florida Before me this day personally appeared Harvey A. Newman who, being duly sworn, deposes and says: That he is(are) the Petitioner(s); and, That 011 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 \~".c\ \..~'S~ ,20:-b, by w"--","ve.-.,, (~ Y\",,-\.,,:,rx.,¡: , ~ 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 SJa¡µMJepun 0!lQl1d ÁJe¡ON 11J4l. pepuo8 LDOG 'EG Áreruqs:J :S3t1ldX3 Lts98 ~ ao # NOISSIV'j\^ OQ AV'j 33ÐVW NVsns å'oJ:)¡:!.~~t-, ! ::;¡¡;,: ..~';., ;.~. ..=.~. -:"~'ri'J. ..~~"': : ",,,,,,,, ~- .,......... I "....!/'~"'. "Q'':!'.''~~' ! ~r@:':E} "í.,...~s~ . "'"4,,rff ~~~" SUSAN MAGEE MY COMMISSION # DD 186547 EXPIRES: February 23, 2007 Bonded Thru Notary Public Underwriters EXHIBIT "A" ." DESCRIPTION & SKETCH PREPARED FOR: WYNNE BUILDING CORPORATlON 12' UTlLITY EASEMENT (ABANDONMENT) LEGAL DESCRIPTION: THAT CERTAIN 12 FOOT UTILITY EASEMENT LYING CENTER OF THE COMMON LOT LINE BErwEEN LOTS 16 AND 17. ACCORD I NG TO THE PLAT OF LEX I NGTON SQUARE, AS RECORDED IN PLA T BOOK 24, PAGE 2. OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA. SAEGER AVE KITIERMAN RD a:::: o w WILLIAMSBURG WAY C) ~ SITE a:::: a:::: w (:) :I: ~ Ü o ü Z <í :r: LOCATION MAP NOT TO SCALE .? .SURVEYOR·S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT C~RISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VAll D UNLESS BOTH ACCOMPANY EACH OTHER. , 4. TH I S LEGAL DESCR I PT I ON I S NOT VAL I D WI THOUT THE S I G~ TURE AND THE OR I G I NAL RA I SED SEAL OF A FLORIDA LICENSED SURVEYOR AND ~PPER EMPLOYED BY ALEXANDER J. PIAZZA PSM, INC. 5. DATE OF LEGAL DESCRIPTION: MAY 25, 2006 ALEXANDER J. PIAZZA PSM, INC. CAD K:\aUILDERS\DWG2006\DWG\06-272SK Surveying· Mapping· Consulting REF K:\BUILDERS\DWG2006\DWG\06-272 619 SW Biltmore' Street FLD N/A Fa. PG. JOB 06-0272 Port St. LucIe, Florida 34983 Phone: (772) 340-7770 OFF AJP DATE 5-25-06 lBf1200 Fax: (772) 34-0-2250 CKD AJP SHEEI 1 OF 2 DWG A-D013 ". _.._. ____. _. .____" _. ._. ^" "'..,"'...../ _1..._ <::: l'j<::: /'jnn':::' ¡:::',A,7,n'1 AN ¡:-nT EXHIBIT "B" . DESCRIPTION &: SKETCH PREPARED FOR: WYNNE BUILDING CORPORATJON 12' UTILITY EASEMENT (ABANDONMENT) "0 o ci n WlWAMSBURG WAY 60' RIGHT-Of-WAY N90'OO'00"E 240,00' ~1 o' UTlUTY EASEMENT '0 o <ri .- .- .' LOT 16 LEXINGTON SQUARE (PB 24, PG 2) LOT 15 '0 o to N N W N o '0 o o o z . o o Ó .- .- 12' UTILITY EASEMENT (TO BE ABANDONED) 'on>- Zz <w w::¡¡ ~\!J ~iS ~~ 0::J . ¡::: :i5~ "0 o cÖ LOT 17 LEXINGTON SQUARE (PB 24, PG 2) L "-40' DRAINAGE AND UTlUTY EASEMENT N90'00'OO"W 265.00' LOT 14 LOT 19 LEGEND: DE = DRA I NAGE EASEI.£NT D8 = DEED BOOK LB = LICENSE BUSINESS LS = LICENSE SURVEY (1,0 = I.EASURED òRl3 = OFF I C I AL RECORD BOOK PB = PLAT BOOK PG = PAGE POB = POINT Of BEGINNIt.G POC = POI NT Of CC4.I.ENCEI.£NT RtH = RIGHT-oF~Y RþB = R~D PLAT BOOK UE = UT I LI TY EASE},£NT ALEXANDER J. PIAZZA PSM, INC. Surveying· Mapping· ConsultIng 619 SW Biltmore Street Port St. Lucre. Florida 34983 Phone: (772) 340-7770 Fax: (772) 340- 2250 CAD REF FlD OFF CKD K:\8UILDERS\DWG2006\DWG\06-272SK K:\8UILDERS\DWG2006\DWG\06-272 N/A Fa. PG. 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'" ~ ~I t ..I ~I AcÜveX Connector Template Page I ot I Exhibit "e" , . ll\lJ),.~ilJ.E:::ppainb::!r.ùöm t :! 195,17 :\ ~ a 21425 g 160 ~ Gi WILLIAMSBURG WAY ~ =-----1 :J- 100 « ~ J: C) J: 00 };¡ w ::i ~ ~ 0:: C :.:: ü 111S 0 W ü 2: Z ~31 0:: « Q J: ill (!) « !::: § ! 0:: W 26S :I: !!I ~ a m 0 a 243ft G¡ .. .., http://www. paslc.org/mymap.asp? cmd=myquery &mapHeight=484&map Width=64 7 &parc... 3/13/2006 .' Exhibit "0" Attachment Surrounding Affected Properties Lexinqton Lot# ProDertv Tax I.D. # Owner Name & A ress Leaal DescriDtion Wynne Bldg Corp Lexington Square Subdivision 2 3415-702-0001-000-5 8000 S US Hwy 1, Ste 402 Lot 2 as per recorded Plat Book Port St. Lucie, FL 34952 24, Page 2 of the records of St. Petitiòner) Lucie Co., Florida Joel F. Wynne & Harvey A. Newman Lexington Square Subdivision 3 3415-702-000-2000-2 8000 S US Hwy 1, Ste 402 Lot 3 as per recorded Plat Book Port St. Lucie, FL 34952 24, Page 2 of the records of St. (Petitioner) Lucie Co., Florida 6900 Heritage, Inc. Lexington Square Subdivision 14 3415-702-0012-000-5 6900 Heritage Drive Lot 14 as per recorded Plat Book Port St. Lucie, FL 34952 24, Page 2 of the records of St. Lucie Co., Florida Leonard Property Corp Lexington Square Subdivision 15 3415-702-0014-000-9 9300 NE 4th Avenue Lot 15 as per recorded Plat Book Miami Shores, FL 33138-2825 24, Page 2 of the records of St. Lucie Co., Florida Joseph G. Miller Lexington Square Subdivision 18 & 19 3415-702-001-7000-0 6911 Hancock Drive Lot ~ 8 as per recorded Plat Book Port St. Lucie, FL 34952 24, Page 2 or the records of St. Lucie, Co., Florida dd " i Exhibit liE" Attachment Abutting Property Owners Lexinaton Lot # Property Tax I D # Owner Name & Address Leqal Description . . 6900 Heritage, Inc. Lexington Square Subdivision 14 3415-702-0012-000-5 6900 Heritage Drive Lot 14 as per recorded Plat Book Port S1. Lucie, FL 34952 24, Page 2 of the records of S1. Lucie Co., Florida Leonard Property Corp Lexington Square Subdivision 15 3415-702-0014-000-9 9300 NE 4th Avenue Lot 15 as per recorded Plat Book Miami Shores, FL 33138-2825 24, Page 2 of the records of S1. Lucie Co., Florida Joseph G. Miller Lexington Square Subdivision 18 3415-702-001-7000-0 6911 Hancock Drive Lot 18 as per recorded Plat Book Port S1. Lucie, FL 34952 24, Page 2 or the records of S1. Lucie, Co., Florida EXHIBIT liE _ .. 1 (attach one for each abutting property owner) AFFIDA VIT OF CONSENT FROM ABUTTING PROPERTY OWNER COUNTY OF STATE OF St Ll1r.;p Florida Before me this day personally appeared deposes and says: Serena Velez who, being duly sworn, 6900 Heritage InÇ-. ___ Is(are) the owner(s) of: Lot 14, Lexington Square Subdivision as ~r recorded Plat Book 24, Page 2 of the records of st. Lucie County., Flon.da ' (legal description of property) That ve have been furnished a drawing which clearly indicates the Plat, easement or right-of- way to be abandoned and its relationship to our property. That we hereby consent to the abandonment of the described petition site which is adjacent to my property, as described above, on the (check one) -X.... North _ South _ East _ West. ~r¡;:>nÇl \l¡::>1¡;:>7 , 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. _S' ( ~ <- .eM/h ið.., y{, )-> 6900 Heritage, Inc, Subscribed and sworn to (or affirmed) before me this 14tlèiay of August Serena Velez who personally appeared before me and _ who is personally known to me. A- whose identity I proved on the basis of Driver License _ whose identity I proved on the oath/affirmation of , a credible witness , 2(j)~, by x ,. ' "'~:":r,.v:'f~~", SUSAN MAGEE .i,'I[:r ··t:~ MY COMMISSION # DD 186547 ~ '-{;'. .:= EXPIRES: February 23, 2007 , ,-/If "Bonded Thru Notary Public Underwriters EXHIBIT liE _ II 2 (attach one for each abutting property owner) AFFIDA VIT OF CONSENT FROM ABUTTING PROPERTY OWNER COUNTY OF ~ - 'iì.1JL STATE OF ,- 1~ Before me this day personally appeared 1Û,)n.*s A- L€'o/VA~j) who, being duly sworn, deposes and says: ~,t~,<-L' 'ß~~~·G"f' ¡sCare) the owner(s) of: lDt 15, Lexington Square Subdivision as rer recorded Plat Book 24, Page 2 of the records of st _ Lucie Co., Florida, ' (legal description of property) That A.!<- have been furnished a drawing which clearly indicates the Plat, easement or right-of- way to be abandoned and its relationship to ~ property. ,--, : That ~ hereby consent to the abandonment of the described petition.,site wfich is adjacent to my property, as described above, on the (check one) _ North _ South LEast _ 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. ~ -P "f)... C,' 'Ú^ -~ ~~ '~~ .~~~~J~ ~ . ) Subscribed and sworn to (or affirmed) before me this '-1- day of ~ ,20- (, ,by ./ -rí1-o{l'\kc..- 4--- Ú't¡;./'IA.i~ 0 vi who persoyally appeared before me and . .-L who is personally known to me. whose identity I proved on the basis 0 _'" - .~ .Jf- .STEPt1.EN A. ARBUCKlE _ whose identity I proved on the oath/a 1~Q.t~ISSION*DO_ d . b I . tat"" EXPIRES¡ Juñe 8. 2éM f a cre I e WI ness '~ARY FlNo\!W'yDlacouMAù6ê.to. .' - EXHIBIT liE _ 3 .. (attach one for each abutting property owner) AFFIDA VIT OF CONSENT FROM ABUTTING PROPERTY OWNER COUNTY OF STATE OF .'" ':.r ,/ ..:~ !:,:.~ ~.. ~'.--\~. ,L")....· ':;/ / j) }l ... 'r'~ ~(~..-:..,_:i "'.:' ./ ,:..~¡:::;;.( -''1 _"'.-<1:, f . Before me this day personally appeared deposes and says: t/' ·~:t~..':-- 4 :~Î()"') /~-.- Pi i ¿..l~.¡.-':~< who, being duly sworn, is(are) the owner(s) of: Lot 18, Lexington Square Sulxlivision as per recorded Plat Book 24, Page 2 of the records of ST. Lucie County, Florida. (legal description of property) ..f'··/ That·/ have been furnished a drawing which clearly indicates the Plat, easement or right-of- way to be abandoned and its relationship to N'I property. That )/ hereby consent to the abandonment of the dessribed petition site which is adjacent to my propertYf as described above, on the (check one) l/ North _ South _ East _ West. :Il',Ç f;;/¡i (... ß1If.;,.b~ 'fÆ~/.,¿.> r1í-:' 1 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. ./ ,i'¿¿?t{(__ '/-: ,J,,_ , '.'~~' -, ./' .....--1'.1, ,..A:'_ ' ,¿t-þ "j'.......... ,1.·...,........-7/ ~ !l".;- '", ," .._ -¡.v _ (. / ï-::]é-v () ,-1,i..M'. J '" W '- '. )A-' V1{ /1,.' C/;, "t l~t 'J·-~l¿,t.,.& '-rt'. i/! l~.""-- '> /¿ .,<, 'J .~ '.l').7'· l.. / /" ,/7' '/ Subscribed and Sworn to (or affirmed) before me this ) I day of ·,:í1Ljl.í,£ -:JOSf! ~ h. G. fì\\ \ leV"') 'T ru.. c:...-t~ p 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 2 o I]" £" by , -I -,.I'>.J'V\,P\,N PATRICIA A. HOWE My COMMISSION # DD474289 EXPIREs: September 21 '009 J-RIH)'),NOT ARY FI No"~ D' ' - ~ sCOuntAssoc. Co" ,,12 'ib .' r L-['( ~ () , ~M.J-P____ Notary Public EXHIBIT IIF II 1 (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITY/DRAINAGE ENTITY DATE April 24, 2006 Port St. Lucie Utilities UTILITY COMPANY 900 SE Ogden Lane ADDRESS Port St. Lucie, FL 34983 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 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 at ( 772) 201- 7573 Thank you for your assistance in this matter. ,/ Y//~/ /~ Petition site sketch and description.';;/ .:v NevlJnan Ene. *********************************************************************************************************** Consent as requested ~~. Consent with the following conditions: Consent Refused ._j '., Date:'-) ! ,\I L~ Bobby Sabarre Authorized Representative ,. - . EXHIBIT IIF 2 II (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITY/DRAINAGE ENTITY DATE April 24, 2006 Florida Power and Light UTILITY COMPANY 1050 SE Brandon Circle ADDRESS Port St. Lucie, FL 34952 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 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 at (772) 201- 7 5 7 3 Thank you for your assistance in this matter. ----) ./ / /// / Newman Enc. Petition site sketch and description. ************************~**~**************************************************************************** Consent as requested V , ' Consent with the following conditions: Consent Refused Date'~ Authorized Repre entative I ~ -A (LM,L. I (¡ \""r\ f'J\A- R:J f\ N t=? L- .' EXHIBIT IIF 3 II (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITY/DRAINAGE ENTITY DATE April 24, 2006 Bell South UTILITY COMPANY 3300 Okeechob~e Road, Room 237 ADDRESS Fort Pierce, FL 34947 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 si,te. 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. . , . (772) 201-7573 If you have any questions or If I may be of further assistance, please contact me at . Thank you for your assistance in this matter. '~ . . fift;o~er or agent) Harvey A. Newman ~/ \ . Enc. Petition site sketch and description. *********************************************************************************************************** Consent as requested \,,/ Consent with the following conditions: Consent Refused Date: 5/912 C06 f¡ '1 ~ ì ! ,2rlLrUL~l,t(( Authorized Representative \ " .- ( EXHIBIT "F 4 II (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITY/DRAINAGE ENTITY DATE April 24, 2006 Adelphia UTILITY COMPANY 1295 NW Britt Road ADDRESS Stuart, FL 34994 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 description of the site proposed to be abandoned. A self-addressed envelope is also enclosed for your reply. (772) 201-7573 If you have any questions or if I may be of further assistance, please contact me at /~--- s;no.e. r. ely, ~~. __ _ ///? __ ' , /ð .,/7/'· /' ..U/P ~/ ¿/ ~ ;t;onlr or agent) Harvey A. Newman Ene. Petition site sketch and description. L - ---- Thank you for your assistance in this matter. *********************************************************************************************************** Consent as requested v Consent with the following conditions: Consent Refused Date: ,5/; / {)(P I I a~~¿ Authorize epresentative ~~ ,I ...·v...\.Ln J.V"';1 rlo,,,h PhOtD".1 QUIT Cl.AI1r' ""'ED. Exhibi t G Pg. 1 . /I n. I--- execu tive line ~-·'C-jH: Starn ~,,~: :{-: -...!... R blHI~ /N:ir,J¡UMENJ PJ<EpARED BY o r,¡:: L;. L"lCLd.ymonds OF Stati;Su iÜ1X$ -- ~.r:.~:s\:.. .:.... .iARRIS & SIRKIN, P.A. 5Th Floor, Dade Federal Building 21 N.E. Fìr$t Avenue Miami, Florida 33131 Œhi1i lTnàtnfurt 545855 R''Îl..ðr''tlø~ wed herein, tJw ,..."", ·'pa.:rty" ÛWJ.ll ~c.ZUo(Ù tlw 1w~"" 7I",.,fDna.l repruenla.tivCl :::~:~~;!~:~L(J;l:~~f.I&:,,1:J:: ;z=flft: :t:~~cfa~7"::"(:/': (li~:Ç ;:~~;.t3~~ i:,7:d; c..ll ~ufde''S; c-nd. ifU,)'cd, UIA term. "note" '¡uùl in-clad" a.ll the 'LOZC;S ^,r"'nducri.bcd i.f m.ore tha.", OBe JvJade this 30 ' day of SEPTEMBER Between JOEL F. 1,JYNNE, AS TRUSTEE A. D. 1981 Dade and , of the County of Florida , party of the first part, WYNNE and HARVEY NEWMAN, as and State of JOEL F. ì.JYNNE, CHESTER C. tenants in common, whose mailing address is: 12804 S. W. 122 Avenue, t.1iawi FL. , " , o[ the Uounty of . Dade and Sta.te of Florida , . pCLrty of the second part, WItnesseth, that the saLd party of the first part, for CLnd in consideration of the SrLm of $10.00 and other good and valuable considerations _ DolllLrs, in hand paid by the said party of the second prut, thè receipt whereof is hereby a.cknowl- edged, has remised, re:l¿ased and qz¿itcla,i11Led, and by these presents does remise, release a,nd qrLitclaim unto the said pa,rty of the second part all the right, title, interest claim a,nd dema,nd which the sCLid party of the first part has in rLnd to the following described lot , piece aT' parcel of lrLnri, sitz¿aÜ lying and being in the County of St. Lucie County, StrLte of FloridCL, to wit: ... '. , .,,' .. , .. , , . , , , . - ".;- "'. _.... . --_._- --....-.-. , , SEE LEGAL DESCRIPTION ATTACHED. THE SUBJECT PROPERTY IS VACANT LAND IS NOT THE HOMESTEAD OF THE GRANTOR, WHO, IN FACT, RESIDES IN DADE COUNTY, FLORIDA. To Have and to Hold the sa,me, together with all and siniullLr the appurtenrLnces thereunto belonging or in anywise appertaining, rLnd all the estrLf~, right, title, interest and c'laim whatsoever of the said party of the first pa,rt, either in Za,w or equity, to the only proper use, benefit and behoof of the said pa,rty of the second pa,rt. In Witness Whereof, the sa,id pa,rty of the first prLrt has hereunto set his hand a,nd secÛ the da,y a,nd yea,r first a,bove written. Signed, Sealed and Delivered in Our Presence: ',/""\ "..., (J / ¡ i (); LI '" -'}.t'j'lA..~ ' " --. ;:..r-i. ,~.,-" 2/ ", ì ~'~/ / '- ". ,1*. A ./ /;--:r..,/vV~¿TL/ _" }j//7 /,1,'7~-(: ~~ X <' Þj'è-' , .r _.__ \...~"'I 1 ... ." I r., ¡ - (., ' _~, '.' ,¡..." .. -, /1"'\, ./'';.'1 ""J"" '...À.. r(,t'·,,:..J'¡,,-, } State o:!V'Florida, Count)' of XÏ!Áìfy1::X ST. LUC IE , I HEREBY CERTIFY, That on this day personally appeared before Irl:e, an officer duly authorized to administer oaths and take acknowled~ments, . . JOEL F . WYNNE, AS TRUSTEE " . . ," ", . ';C"'·"·-·- .....:..' :. '. ." ,..-~.:'~; :.':r,;;~~:::.~':;~i.~~'. " to me well known to be the person described in and who~#.êç,~¥,:,·ttJh~ ¡bregoing instrument and he acknowledged befŒP'e,;?'JJ;ë;;!:' 'Q':,,¡:,he. executed the sa7ne freely and voluntarily for. the_pur 0 ,':.' ~~ '''~~''·''-'ed. , WITNESS my hand and official seal at t>NeX)c§}t~!,.: "L:i:,¡ci County af }!JOOe St. Lucie , and Stateqf Flþ""" day of SEPTEt·1BER .1. D. 19 81./ ,';F:, . :¡-. ,. ,.'.,,;~¡;.. . .......... c... ",,~-,'f,'~', . _,\..<......\..~(...L~ OP. C)Rl: Rnn~ , ') ~ J :>u:¡: '" '<. d1n · Exh i bit G, Pg. 2 Cornmer..cing at the Southeast corner of the Southwest one-quarter of Section 15, Township 36 South, Range 40 East, St. Lucie County, Florida, run South 890 58' 28" West along the south line of said section a distance of 45.0 feet to a point on the westerly right-of-way line of U.S. Highway No. One; thence run North along said right-of-way line a distance of 85.0 feet to a point on the northerly right-oI-way line of North St. Lucie River Water Management District Canal No. 28, said point being the Point of Beginni'ng. , From the Point of Beginning run South 890 58' 28" West along the north right-of-way line of Canal No. 28 a distance of 752·31 feet to a point; thence run North 40 36' 00" West a distance of 255.96 feet to a point; thence run North 90 50' 42" West a distance of 457.29 feet to a point; thence run No'tth 80 19' 42" East a distance of 92.47 feet to a point; thence ~un North 14° 30 I 25" East a distance of 451.09 feet to a point on the north line of the south i of the southwest :t of Section 15; thence run North 890 58' 57" East along the ,north line of the south i of the southwest i a distance of 727.64 feet to a point on the westerly right- of-way line of U.S. Highway No. One; thence run South along said right-oI-way line a distance of 988.78 feet to a point; thence run West å distance of 1.0 feet to a point; thence run South a distance of 200.0 feet to a point; thence run West a distance of 2.0 feet to a point; thence run South a distance of 45.0 feet to the Point of Beginning. 545855 19ß1 OCT 2! hi.¡ ;0: 1 4 [::~i T::~';~ ~¡C.Li '/; :~J;\ ~ 'j \"' CLEí·;Vt·CI"Hcun GCURT ,ECO¡¡O \'lFiriL'J~- C F Sand Åssociates, Inc. October 6, 1981 r\1/í\n,... u~"" .ø Page 1 of 1 . . Exhibit "H-1" Current Tax Roll Return to list < 3415-702-0015-000/6 > Wynne, Joel F Newman, Harvey A 12804 SW 122nd Ave f\1iallli,FL 33186-6203 LEXINGTON SQUARE LOT 16 (0,70 AC)(OR 1169-2185: 1218-1143) Assessment: Taxable: $163,800 $163f800 PAID 2005 Taxes: View Tax Bill Bill shows amount due or paid receipt information as well as any change in owner name and/or address. YleJy. ProQertv..AQ.QIQiser pro-ºertv Record~rd The St Lucie County Tax Collector's office is pleased to offer online access to our public records. Users ofthis service should be aware of the following: The Tax Collector's office is committed to preserving the accuracy of its online data; however, information obtained from the Internet is not official, and the Tax Collector cannot be responsible for any inaccuracies that may be encountered. 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. By using this service, the user agrees to indemnify and hold harmless the St Lucie County Tax Collector and his staff for any damage that may be caused by retrieving or using this information over the Internet http://216. 77.1. 194/db/taxdetail_ content.asp?qDetailRec=3415-702-00 15-000/6 5/31/2006 ~ Page 1 ot 1 . Exhibit "H_2" Current Tax Roll Return to list < 3415-702-0016-000/3 > Wynnef Joel F Newman, Harvey A 12804 SW 122nd Ave Mìami,FL 33186-6203 LEXINGTON SQUARE LOT 17 (0,67 AC)(OR 1166-702: 1169-2185: 1218-1143) Assessment: Taxable: $157,400 $157,400 PAID 2005 Taxes: View Tax Bill Bill shows amount due or paid receipt information as well as any change in owner name and/or address, Vifu.y_proº.§rtY.AJ2.QraL~r Property Record Card The St Lucie County Tax Collector's office is pleased to offer online access to our public records. Users of this service should be aware of the following: The Tax Collector's office is committed to preserving the accuracy of its online data; however, informaJion obtained from the Internet is not official, and the Tax Collector cannot be responsible for any inaccuracies that may be encountered. 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. By using this service, the user agrees to indemnify and hold harmless the St Lucie County Tax Collector and his staff for any damage that may be caused by retrieving or using this information over the Internet. http://216. 77.1.194/db/taxdetail_content.asp?qDetailRec=3415-702-0016-000/3 5/31/2006 -, . '. EXHIBIT IIJ" Petitioner's statement in support of granting petition We are planning to construct a shopping center on lots 16 & 17 of the Lexington Square Subdivision. To accomplish this task, we need to abandon the utility easement between both these lots. " EXHIBIT "K" # ~ ïi SCRI(~ .)S TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION NOTICE OF INTENTTO FILE A PETITION FOR ABANDONMENT - TO WHOM'IT MAY CON, CERN: SCRIPPS HOWARD You will take notice I· that in accordance with the provisions of Sec- i tions 177.101, as amend· ¡ ed 336,09 and 336,10, , Florida Statutes, as , amended, and St. Lucie i County La nd Develop- ment Code, Section 111,10,01 et. Seq" Harvey A. Newman, Trustee in, I tends to fi Ie a petition requesting that the St. Lucie Cou nty Board of County Commissioners close, vacate, and aban' don that portion of a public util ity easement hereinafter described, and renounce and dis' claim anv right of St. Lu' cie County and the pub, lie in and to the lands ly- ing within that portion , of said pu blic utility : easement in SI. Lucie ! Countv, Florida, de' scribed as follows: 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 5t. 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 SI. 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, SI. 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# WYNNE BUILDING CORPORATI 1365457 4/4/2006 NOTICE OF INTENT APRIL 4, ii, 2006 WYNNE BUILDING CORPORATI 4/11/2006 That certai n 12 foot easement lying center of the common lot line between Lots 16 and 17, of Lexington Square according to the , Plat thereof, as recorded in Plat Book 24 at Page 2 of the Public Records St. Lucie Coun- . tv, Florida. NAME OF PETITIONER: I HARVEY A NEWMAN, TRUSTEE I· .. PUBLISH: April 4, 11, 2006 J - 1365457 ) Subscribed and sworn to me before this date: April ii, 2006 ~. ~~...1}1i}~õ -~ /// ) 'i' ___/ t/~()\'t1 ' ( ¡};J1¡~ Notary Public! I ¡;-¡,1¡¡~~~Jo'Ú;""a'~..I~~~~o:'l~~'%'f:; ~"~~~~"" . .MARV T BYRNE Ii ~ :f~ ,~~ r~ot~~i-=P¡jÞJjc· stare of RCliða ., ¡j § . ~ My CJmmi;;sbr, Er.prns Aug 2. 200S ~ - ~;,: Commmi611ion g DD1328D4 .. :/~~--._:...;~:~~~y ~~~~~~~ry.:::1 / "./ AGENDA REQUEST ITEM NO. 5D DATE: December 5, 2006 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [x] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Petition to Exchange Exchange a portion of Gordy Road for property associated with the pending DR! application ofProvences Resolution No. 06-342 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 10, 2006 - Request Permission to Advertise Notice of Public Hearing RECOMMENDATION: Staff recommends the Board continue the Public Hearing to December 19, 2006 at 6:00 p.m. or as soon thereafter as possible. COMMISSION ACTION: CONCURRENCE: )(] APPROVED [ ] OTHER [ ] DENIED Approved 5-0 Douglas . Anderson County Administrator [x] County Attorney: ~ [x] Originating Dept: jh\.£- Review and Approvals [ ] Road and Bridge: [ ] Public Works: [ ] Engineering: [ ] ERD: [ ] Growth Management: G:\ACQ\ WP\Janet\Abandonments\Exchange Gordy Rd\AgendaI .wpd .. PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: December 5, 2006 SUBJECT: Public Hearing Exchange a portion of Gordy Road for property associated with the pending DRI application of Provences Résolution No. 06-342 BACKGROUND: The Property Acquisition Division received a request to exchange a portion of an existing 60-foot . Gordy Road right-of-way for a 130-foot ~ Arterial A" right-of-way associated with the pending DRI application known as Provences. St. Lucie County acquired this portion of Gordy Road from the Florida Department of Transportation by Plat Book 24, Page 4. On October 10, 2006, staff requested Permission to Advertise a Public Hearing to be held on December 5, 2006. County staff has not received consent from Florida Power & Light, Bell South and North St. Lucie River Water Control District. A response is critical from North St. Lucie River Water Control District as the "Arterial A" road will be constructed within their Canal No. 93. RECOMMENDA TION: Staff recommends the Board continue the Public Hearing to December 19, 2006 at 6:00 p.m. or as soon thereafter as possible. Respectfully submitted, JC~:K:t j Ann Riley r Property Acquisition Manager G:\ACQ\WP\Janet\Abandonments\Exchange Gordy Rd\MEMO to Commissioners Public Hearing1.wpd Gordy Road Exchan e 900 ---- ) II / " " -+ :\ \: '(~'\ §I ~\ \: \\ :\ \: î :--r--- ~::. " ¡,i , 1 ~ - --'" jMNt.nð3S-~à --'" ----_....~:;; _..-----~- 1 ,~ ;:¡ Ii fJll; ,~ . ,~ :\~ i 1 \:~ ; 'Ii i ,§ ,8 I' â ," 'Ë \i :~\ I \ \ ! ~ ¡r-" \ ~ ' ' , , , ' ~ 1.,___:.-"J ~ ~ . ï~t ¡¡¡ -~ ! i. :1 ~ ~1 " f-< § ª If) w lLJ :'( ( \ :J:: V U') :2: ~ \¡ \ ~ ::;:9 C)~ kõ2 D...:>- f- Z ;;¡ o u , .. ,. " ;;; ,. w " 1 W'1 ~'Þtö 900tlSë:fU t~"7it$t\f\fH-o:ø NW ~"9O'.JjNtNNY1d 1iU.J9 .l'ltouentm-p~$,;t}! I 3'Etirq..¡ c;ö~uø~ù 3-iU. ~a\Sno~"f.p..ìd':-d \ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [][] APPROVED [:=J OTHER Approved 5-0 Agenda Request --5..£ 12/5/06 Item Number Date: Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X] Quasi-JD [X] Board of County Commissioners Growth Management Department D DENIED Presented By 5crL~· Growth Management Director Consider Draft Resolution 06-298 approving the request of the Board of County Commissioners for a Change in Zoning from the RS-2 (Residential, Single Family - 2 units per acre) Zoning District to the AR-1 (Agricultural, Residential - 1 unit per acre) Zoning District (File No. RZ-06-038). The purpose for the change in zoning is to allow residents to maintain the rural character of the area. The requested AR-1 District allows agricultural uses as accessory uses to single family detached dwellings and animals other than househòld domestic pets provided they are not housed within 100 feet of any property line. Guest homes are also allowed as accessory uses to single family homes in the AR-1 Zoning District. The recommended rezoning boundary includes 38 acres comprised of 29 individual parcels, five of which are vacant. N/A At the September 19, 2006, Planning and Zoning Commission public hearing on this matter, members unanimously recommended approval of the requested Change in Zoning. On October 17, 2006, the Board held the first of two required public hearings on this petition. Staff recommends approval of Resolution 06-298 granting the Board of County Commissioners request for a Change in Zoning from the RS-2 (Residential, Single - Family 2 units per acre) Zoning District to the AR-1 (Agricultural, Residential - 1 unit per acre) Zoning District for 29 lots in the area. Coordinationl Signatures Mgt. & Budget: Cultural Affairs: County Attorney Originating Dept.: Finance: Purchasing: Other: GROWTH MANAGEMENT MEMORANDUM TO: County Commissioners FROM: Diana Waite, Senior Planner David Kelly, Planning Manager THROUGH: Bob Nix, Growth Management Director DATE: November 28, 2006 SUBJECT: Petition of the Board of County Commissioners, for a Change in Zoning from the RS-2 (Residential, Single Family - 2 units per acre) Zoning District to the AR-1 (Agricultural, Residential - 1 unit per acre) Zoning District (File No. RZ-06-038) This is the second of two required public hearings for the request to grant a change in zoning within the Peterson Road and Bennett Road neighborhood located south of Orange Avenue, between 1-95 and Jenkins Road. The first public hearing was held on October 17, 2006. The proposed change in zoning was requested by the property owners in the neighborhood. The recommended parcels to be rezoned through this petition total 38 acres comprised of 29 parcels, five of which are vacant. Several parcels are non-conforming lots of record because of a lack of road frontage. Non-conforming lots of record are buildable subject to the receipt and approval of a recorded easement that provides the property with access from a public road. Staff has determined that 29 of the original 38 parcels meet the minimum one acre lot size requirement of the requested AR-1 Zoning District (See Attached Map). Eight parcels were determined to be one acre in size when lands donated for public road right-of-way were added to the parcel; thereby meeting the minimum lots size standard pursuant to Section 7.04.00 of the County's Land Development Code. Staff recommends that those parcels determined to be less than one acre in size be omitted from the rezoning. Rezoning of these parcels would create lots and uses that are nonconforming in the AR-1 Zoning District. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. The request is compatible with the property's RU (Residential, Urban) Future Land Use Designation. RECOMMENDATION Staff recommends the Board of County Commissioners approve the request for a Change in Zoning from the RS-2 Zoning District to the AR-1 Zoning District for 29 of the original requested 38 parcels. 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 06-298 FILE NO.: RZ-06-038 A RESOLUTION GRANTING A CHANGE IN ZONING FROM RS-2 (RESIDENTIAL, SINGLE FAMilY - 2 UNITS PER ACRE) DISTRICT TO THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 UNIT PER ACRE) ZONING DISTRICT OF PROPERTY lOCATED BETWEEN JENKINS ROAD AND 1-95, SOUTH OF ORANGE AVENUE IN ST. lUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the fOllowing determinations: 1. The 81. Lucie Board of County Commissioners. presented a petition for a change in zoning from the RS-2 (Residential, Single Family - 2 units per acre) Zoning District to the AR-1 (Agricultural, Residential - 1 unit per acre) Zoning District for the property depicted on the attached map in Exhibit "A". 2. On September 21, 2006, the S1. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the request for a change in zoning from the RS-2 (Residential, Single-Family - 2 units per acre) Zoning District to the AR-1 (Agricultural, Residential - 1 unit per acre) Zoning District for the property depicted on the all parcels shown on the attached map in Exhibit "A". 3. On November 14, 2006, this Board held the first of two required public hearings 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. On December 5, 2006, this Board held the second of two required public hearings 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. 5. The proposed change in zoning is consistent with the goals, objectives, and policies of the S1. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the 81. Lucie County Land Development Code. 6. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. File No.: RZ-06-038 December 5,2006 Resolution 06-298 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 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District from RS-2 (Residential, Single Family- 2 units per acre) to AR-1 (Agricultural, Residential - 1 units per acre) is hereby approved for that property depicted in Exhibit "A". (Location: South side of Orange Avenue, approximately 700 feet east of the Florida Turnpike) B. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft XXX Vice-Chairman Joe E. Smith XXX Commissioner Charles Grande XXX Commissioner Paula A. Lewis XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED This 5th day of December 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney dw H ;/word/P&Z/Peterson/Bennett File No.: RZ-06-038 December 5, 2006 Resolution 06-298 Page 2 1 2 3 4 EXHIBIT A File No.: RZ-06-038 December 5, 2006 Resolution 06-298 Page 3 St. Lucie Board of County Commission Change in Zoning RS-2 to AR-1 ~ ~ ~ ~ ~ '§- \ ..t.. ~ ~ ~ ~ ~ '§- \ ..t.. o ex: ex: w ~ I Z W Cl. o ü RZ 06-038 / I Legend ~ Subject parcels ,9;- ./,,0Ú a,~~-,-"- (jr/TWt/í .;t(anU(í'emnrt 0'!Parhnent N A Map prepared November 20, 2006 1 2 3 4 5 6 7 8 9 File No.: RZ-06-038 December 5, 2006 Exhibit B · Vicinity Maps · Site Location Map Resolution 06-298 Page 4 n ~ s: OJ ;:¡ S' () o c :;, -< s: OJ '0 0 '0 ¡¡; '0 OJ @ a. en ~ '" (1) g '0 CD 3 r::r ~ ~ N 0 0 0> Okeechobee County g¡ o , ~ S"..d R n ~ Hellde!' C.nøl R s- a. iif :;, ;0 :;::. ~ () o c :;, -< Rltn . 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I: ::,::F',>,"'::: "::: I:,"··',: r:·:: .... ,:" .:..,...:::.:..,.::.. .....'., .".:::::': ...,.::.::/: .::::::':>', >'c /.~tvÙ Ó;'m,,?¡' N Map ;:;a::::~:::~:1, 2006 A I~U 1""\1 .,""' II I RZ 06-038 ~ Subject properties Ii{i:::~,;::;:~.:::::r;,::::,:::j City of Fort Pierce St. Lucie Board of County Commission Zoning STARCHER AVE IL RS-3 IL RS-2 'ó -0 .-< '% .-< ~ ~ ~ ~ ~ ~ ~ ~ "" :.A -¡:; ~ y ~ ~:¡i ö (fI '& ~ CANAL NO 35 ,: ~ ~~ ~~~/~ -7 ~~[f§~~~m r\ ~O/@~~~~~~ I \ 'W~~~ A~-1 \ ~~~~~ \ ,~~~ r TI ~~ ê \ ~t0 ~~ , 1~~ ~ R~-? \ 1WW ü 1 ~~ p,ETERSON'RD u - rl I ^ r" , "_ I o a:: en z 5Z z UJ --, en I I I I I' N.SLRW n CANAL NO, 6 I TARO ST a:: Ü UJ ~ « :..J 1""\'" '" n.\,,;J-£' AR-1 Rt-¿ :; .,..:".,::.:~:.,.::.. .'_, '::' ::;.::".. ,-,:, "-c .-:': ,r; .",. ::. :,: .-., ..:.....: "c, :c: .____:,: ::. :::,::- ...--..-:',:. :,"--- II I RZ 06-038 ~ Subject properties f:\:?:-::;-:i;{::T;,:)::: City of Fort Pierce .>c /uvie- ¿:;'u~si~,:;.__ N Map ::;a::::~::~: 1, 2006 A St. Lucie Board of County Commission RZ 06-038 ~ Subject properties City of Fort Pierce ,>'r /tk/I-c C~t1n-~'.;_", grlTWt/i .ManagL.7Rcni 7J'!Par/menf N  Map prepared September 1, 2006 BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEMENl November 17, 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 THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS purposes a Change in Zoning from the RS - 2 (Residential, Single- Family - 2 du/ac) Zoning District to the AR - I (Agricultural, Residential - I du/ac) Zoning District, for the following described property: Location: South side of Peterson Road, West of North Jenkins Road and East of Interstate 95. 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 December 5, 2006, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written, comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy 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) 462-1·777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please fOlward this notice to the new owner. Please call (772) 462-2822 if you have any questions, and refer to: File Number: RZ 06-038. 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. J . FRA.NNIE HUTCHINSON, District No, 4 . CHRIS CRAFT, District No, 5 County Administrator - Douglas M. Anderson Website: www.co.st-lucie.fI.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GISrrechnical Services: (772) 462-2822 FAX: (772) 462-1581 Economic Development: (772) 462-1550 FAX: (772) 462-1579 Tourist Development: (772) 462-1535 1(800) 344-TGIF FAX: (772) 462-2132 AGENDA ITEM 10: St. Lucie County Board of County Commissioners: RZ 06-038 Petition of St. Lucie Board of County Commissioners for a change in zoning from the RS-2 (Residential, Single-Family - 2 du/ac) Zoning District to the AR-1 (Agricultural, Residential- 1 du/ac) Zoning District. Board members and staff commented on the patience of the residents still sitting in the Commission meeting room waiting for this item to be heard (at approximately 12:45am). Presented by Mr. Kelly, the subject parcel is located on the south side of Peterson Road along the east side of Interstate 95 to Bennett Road. Subsequent to a prior Comprehensive Plan this area was rezoned to RS-2. The residents in this area live an agricultural, rural lifestyle and they would like to go back to a zoning district which would allow them to have their horses, etc. Mr. Kelly explained that staff is recommending approval of this application. Mr. Hearn opened the public hearing. There being no public comment, Mr. Hearn closed the public hearing. Mr. Grande motioned that this Board forward a recommendation of approval of this application to the Board of County Commissioners because this rezoning is consistent with the Comprehensive Plan, it meets the needs of the area residents and it's a plus for everyone in the County; Mr. Lounds seconded. The motion carried unanimously. Planning and Zoning Commission Review: 9/21/06 File Number RZ-06-038 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: FROM: Planning and Zoning Commission David P. Kelly, Planning Manager~ Diana Waite, Senior Planne~ THROUGH: DATE: September 13, 2006 SUBJECT: Application of the Board of County Commissioners for a Change in Zoning from the RS-2 (Residential, Single Family - 2 units per acre) District to the AR-1 (Agricultural, Residential - 1 unit per acre) Zoning District. LOCATION: South side of Peterson Road along the east side of Interstate 95 to Bennett Road. FUTURE LAND USE DESIGNATION: RU (Residential Urban - 5 units per acre maximum) EXISTING ZONING: RS-2 (Residential, Single Family - 2 units per acre) PROPOSED ZONING: AR-1 (Agricultural, Residential- 1 unit per acre) PARCEL SIZE: 42.98 acres PROPOSED USE: Single Family SURROUNDING ZONING DESIGNATIONS: RS-2 (Residential, Single Family - 2 units per acre), AR-1 (Agricultural, Residential - 1 unit per acre) and AG-1 (Agricultural - 1 unit per acre) to the east, AG-1 (Agricultural - 1 unit per acre) to the south, RS-2 (Residential, Single Family - 2 units per acre) to the west cross 1-95 and U (Utilities) and IL (Industrial, Light) to the north the. SURROUNDING LAND USE DESIGNATIONS: RU (Residential Urban - 5 units per acre maximum) to the east, west and south. MXD (Mixed Use - Orange Avenue, Medium Intensity) to the north. SURROUNDING EXISTING LAND USES: Single family homes and undeveloped land. September 13, 2006 Page 2 Petition: Board of County Commissioners File Number: RZ-06-038 UTILITY SERVICE: On-site well and septic systems. The subject property is within the Fort Pierce Utility Authorities service area. TRANSPORTATION IMPACTS RIGHT-Of-WAY ADEQUACY: Peterson Road is a County owned roadway with 22 feet of right-of-way. Bennett Road is a County roadway with an existing right-of-way width of 30 feet. Both roads are unpaved. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit STANDARDS OF REVIEW AS SET fORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The petitioner is seeking a Change in Zoning from the RS-2 (Residential, Single Family - 2 units per acre) District to the AR-1 (Agricultural, Residential - 1 unit per acre) District at the request of land owners within the petition area. The rezoning boundary contains 38 parcels with 27 of the 38 parcels containing single family homes and the remaining 11 vacant parcels. The subject boundary contains 42.98 acres with lot sizes ranging from .34 acres to 3.4 acres. The purpose for the change in zoning is to allow residents to maintain the rural character of the area by allowing non-domestic animals and farms and ranches as accessory uses to single family homes. The permitted uses within the proposed AR-1 (Agriculture, Residential - 1 unit per acre) Zoning District are the same as the existing RS-2 District; the difference between the two zoning districts is the list of Conditional Uses and Accessory Uses. The requested AR-1 District allows agricultural uses as accessory to single family detached dwellings and animals other than household domestic pets may be kept provided they are not housed within 100 feet of any property line. Guest homes are also allowed as accessory uses to single family homes in the AR-1 Zoning District. Several properties in the proposed rezoning boundary do not meet the dimensional requirements of the proposed Zoning District and in some cases of the existing Zoning District. Several parcels are non-conforming lots of record because of a lack of road frontage. Non-conforming lots of record are buildable subject to the receipt and approval of a recorded easement that provides the property with access from a public road. Below are the parcels that do not meet the proposed dimensional requirements and in many cases the current dimensional requirements. September 13, 2006 Page 3 Petition: Board of County Commissioners File Number: RZ-06-038 Lots less than 1 acre in size (16): Parcel Number: Owner: Parcel Address: Lot Size 231311200110001 Albritton, E 6005 Peterson Rd 0.40 231313100010409 Stotler, John G 1401 Bennett Rd 0.42 231312400070007 Futch, Tommie Margarette 0.42 231312100020106 Madernini, Linda 6199 Peterson Rd 0.44 231312400060000 Durbin, Susan N 1381 Bennett Rd 0.52 231313100020107 Blanco, Vertigo 0.74 231312100060001 Gonzalez, Mario P 1145 Bennett Rd 0.78 231312100020003 Tucker, Marian E 1083 Bennett Rd 0.84 231312400080004 Jester, Alice M 1301 Bennett Rd 0.90 231312400090001 Holt, Gary 0.90 231311200050006 Miller, Lawrence 1100 Bennett Rd 0.92 231313100020004 Blanco, Vertigo 0.98 231312400050003 Minor Jr, JR 6397 Peterson Rd 0.99 Based upon preliminary analysis we believe that some of the parcel above donated right-of- way to the county that would be consider in calculated their lot sizes for zoning purposes. Lots of record lackino road frontaoe (9): Parcel Number: 231312100070008 231312100040007 231312100050004 231312400020002 231312400030009 231312400040006 231312300010002 231312400030009 231311200080007 Nonconforminq structures Owner: Marian E Tucker Wade C Tindall and Christy I Tindall Larry Sexton Carol Sexton Charles H Patterson Michael B Bryant Dianne Bryant Michael R Peterman Teresa K Peterman Theresa D McSwain Michael B Bryant Dianne Bryant Ralph R Meyer Shirley J Meyer - (no NOLC letter) These parcels appear not to meet the building setbacks in their existing zoning district. Parcel 231212100010006, Marian E Tucker has two existing buildings, one not meeting setbacks and with no building permit. The AR-1 Zoning district will allow the second structure as a guest house only. The encroachment on the adjacent parcel exists under the existing RS-2 Zoning District. Both parcels are owned by Ms. Tucker and could be joined to eliminate the encroachment. There is not a record of a building permit being issued for one of the structures on the property. This rezoning will not change this issue. Parcel 231311200050006, Lawrence Miller, there appears to be building encroachment into the building setbacks. Parcel 231312400010005, Anthony W Conant Amanda G Conant, there appears to be an encroachment on the rear of the property line. September 13, 2006 Page 4 Petition: Board of County Commissioners File Number: RZ-06-038 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed AR-1 (Agricultural, Residential - 1 unit per acre) is consistent with all elements of the St. Lucie County Comprehensive Plan and is compatible with the property's RU Future Land Use Designation. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed AR-1 (Agricultural, Residential - 1 unit per acre) Zoning District is not inconsistent with the adjacent agricultural and residential land uses. The proposed parcels are within a section of the urban area that continues to maintain its rural residential character. Odom Orchids and large lots with agricultural zoning districts are located to the east and south. The proposed location is bordered by 1-95 to the west and Peterson Road and North St. Lucie Water Control District Canal No. 35 right-of-way to the north. Peterson Road is a County owned unpaved road with a 22 foot right-of-way. The road and the 42.5 foot canal right-of-way will provide a buffer between the proposed rural densities and the MXD lands to the north of the canal. The property north of the canal is part of an application for a Planned Mixed Use Development which is currently under review by staff. 4. Whether there have been changed conditions that require an amendment; There have been no changes that required the proposed 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; The proposed change in zoning will result in a reduction in the number of housing units that could be developed on the subject lands, thereby reducing the future impact on the County's public facilities. Water and Wastewater The subject lands are located within the utility service area of the Fort Pierce Utilities Authority; however service is not available to this area at this time. Existing homes are served by on-site well and septic systems. Any new homes will be required to obtain a well and septic permit from the St. Lucie County Health Department. Solid Waste The proposed change in zoning will not increase demands on the County's solid waste service. Park and Recreation September 13, 2006 Page 5 Petition: Board of County Commissioners File Number: RZ-06-038 The change in zoning would not increase demands on the County's community and regional parks. Transportation System The proposed decrease in density would slightly reduce the impacts of the subject lands on the County's roadway network. The project includes County owned and maintained roads and private access easements. Those without County road frontage will require a determination that they are non- conforming lots of records and the submission of a recorded access easement would be required prior to the issuance of any building permits. Prior to any construction on those parcels a determination of the lots status must be made. The proposed change in zoning does not alter the requirement to demonstrate road frontage meeting the requirements of the County's Land Development Code is available prior to development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not expected to create adverse impacts on the natural environment. The proposed decrease in density could reduce potential adverse impacts on the natural environment. 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 amendment would result in an orderly and logical development pattern. The proposed AR-1 Zoning District would allow existing agricultural accessory uses to continue in a conforming manner. The proposed AR-1 Zoning is compatible with the AG-1 Zoning to the south and along a portion of the eastern boundary. The project boundary is separated from the proposed commercial/industrial and multiple family uses to the north by Peterson Road and the 42.5 foot NSLWCD Canal 35. 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 is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. CONCLUSION Staff has determined that this petition conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and the petition is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff finds that the proposed change in zoning would allow an existing community to maintain their rural lifestyle within the urban service area in a manner compatible with surrounding uses and zoning districts. September 13, 2006 Page 6 Petition: Board of County Commissioners File Number: RZ-06-038 Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval for the requested change in Zoning from the RS-2 (Residential, Single-Family - 2 units per acre) to the AR-1 (Agricultural, Residential - 1 unit per acre) Zoning District. cc: County Administrator County Attorney File September 13, 2006 Page 7 Petition: Board of County Commissioners File Number: RZ-06-038 Suggested motion to recommend approval/denial of this requested Change in Zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, S1. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF THE BOARD OF COUNTY COMMISSIONERS, FOR A CHANGE IN ZONING FROM THE RS-2 (RESIDENTIAL, SINGLE FAMILY - 2 UNITS PER ACRE) DISTRICT TO THE AR-1 (AGRICL TURAL, RESIDENTIAL - 1 UNIT PER ACRE) ZONING DISTRICT, BECAUSE .... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPLICATION OF THE BOARD OF COUNTY COMMISSIONERS, FOR A CHANGE IN ZONING FROM THE RS-2 (RESIDENTIAL, SINGLE FAMILY - 2 UNITS PER ACRE) DISTRICT TO THE AR-1 (AGRICLTURAL, RESIDENTIAL -1 UNIT PER ACRE) ZONING DISTRICT, BECAUSE.... 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C"~ CD -. .., 0 ~ ~::I N ~ 0 0 0 en en I 0 W co - ." CD - CD Cil 0 ::I - m CD ::I ::I CD ::; :;0 C. III - N NOTICE OF ZONING CHANGE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA DECEMBER 5, 2006 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Development Code and in accordance with the provisions of the St. Lucie County Comprehensive Plan that the following applicants have requested that the St. Lucie County Board of County Commissioners consider the following requests: THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS , proposes a Change in Zoning from the RS - 2, (Residential, Single- Family - 2 du/ac) Zoning District to the AR - 1 (Agricultural, Residential - 1 du/ac) Zoning District for the following property: \ ---------'-r-=.... ??§--¡~. - \, !œ,"C \ ~ì '0) a: \ ¡ a:¡ c: \\ ~I g: ~ \, ~~, &1 " (þ¡ c: ~ E I \\ ~i"5: w! \:.c:¡ ..,¡ Indrl~ Rd \ \ \ \ Sunshine State par~~~y \ I i ...._" \ i ¡ C~nal_,.l~elcher canaì}\ --..~R4.._, \--='----'-_...._~<~~<:~~"'- Jchnson Ro~ N I DMrfoøment Group, liC FUO ~01:~ ~z œ.020 Â. ~ Indian River County I' I ! ~ Z Location: South side of Peterson Road, west of North Jenkins , Road and East of Interstate 95. \ The second of two required PUBLIC HEARINGS on this item will be held in the Commission Chambers, Roger Poitras Annex,3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, December 5, 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 advance of the public hearing will also be 'Considered. Written comments to the Board of County· Commissioners should be received by the Growth Management Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is ,available for review at· the Growth Management Department òffices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida. Please call 772/462-2822 if you have any questions or require additional information. The .St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners 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 matter considered at a 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 from time to time as may be necessary to a date-certain. Anyone with a disability requiring accommodation to attend this meèting 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. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ',/S/ DOUG COWARD, CHAIRMAN PUBLISH DATE: NOVEMBER 21, 2006 PS TRE/\,SURE CO/\,ST NEWSP/\'PERS · 87 EMBER 21, 2006 . SCRIP F . TUESD/\' y, NOV " To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: CJ APPROVED [!] OTHER Staff withdrawal of item. County Attorney: Originating Dept.: Finance: Agenda Request ---5L- 12/05/06 Item Number Date: Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ X ] Quasi-JD [ X ] Board of County Commissioners Growth Management Presented By Gro~~"~ata~ent Director Petition of Johnson Road Development Group, L.L.C for a Development Agreement (DV A-06-002) for the project known as Rocking Horse Ranch for property located at the southwest corner of the intersection of Johnston Road and the Indian River County line. - DVA-06-002. The applicant is proposing a 160 unit single family residential subdivision known as Rocking Horse. The attached Development Agreement provides conditions for the mitigation of traffic impacts generated from the proposed development upon the Johnston Road @ Indrio Road intersection, See Section 3, AQreement to Fund and/or Construct Improvements (pg, 4) of the attached Development Agreement. On October 18, 2005, this Board approved the Preliminary PUD site plan for the Rocking Horse PUD together with its initial Development Agreement. In consideration of conditions placed upon the site plan, the applicant has revised the Development Agreement for consideration by the Board, On November 14, 2006, this Board held the first public hearing on the Development Agreement. Staff recommends that the Board adopt DV A 06-002, o DENIED ouglas M, Anderson County Administrator ~/ r.M-f , Coordination! Signatures Mgt & Budget: Environ, Res, Dept: County Engineer: ¡loIl/f" Purchasing: MSBU Coordinator: Commission Review: December 5, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Bob Nix, AICP, Director of Growth Management Michael Brillhart, Strategy and Special Project Director FROM: Hank Flores, Planning Manager DATE: November 29, 2006 ' SUBJECT: Second Public Hearing for the proposed Development Agreement (DVA- 06-002) with Johnson Road Development Group, L.L.C. for the project known as Rocking Horse Ranch - PUD. , . As part of the site plan review process, Johnson Road Development Group, L.L.C, has been requested to fund improvements to the intersection of Johnson Road and Indrio Road through a Development Agreement. This Agreement is associated with the proposed Rocking Horse Ranch PUD located along Johnston Road at the Indian- River County Line. These improvements are necessary to mitigate the traffic impacts of the development's 160 single family residential units upon this intersection, On October 18, 2005, the Board of County Commissioners granted Preliminary PUD site plan and Development Agreement approval for Rocking Horse, subject to four conditions of approval for consideration' during the final PUD review and approval process. With the adoption of specific bike and pedestrian improvement standards to the County's Land Development Code in .2005, the applicant is also required to modify the preliminary plan to incorporate off-site sidewalk and bike path requirements along the Johnston Road right-of-way adjacent to this site in the Final Planned Unit Development. In addition, the applicant was requested by staff to provide a certified construction cost and material estimate together with a construction schedule for the required intersection improvement. These items have been included within Exhibit B of the attached and revised Development Agreement. Under the terms of the proposed agreement, the Developer will either pay for the design, permitting, and construction costs associated with this improvement in the amount of $423,390 ($450,000 total cost minus $26,610 already encumbered for design) or construct the necessary improvements within one year. The option is at the discretion of the County. The St. Lucie County Engineering Division would like for the developer to construct the improvements. If the development agreement is approved, the developer of Rocking Horse Ranch will be given Road Impact Fee credits in the amount of $450,000.00 as permitted by the St. Lucie County Road Impact Fee Orcijnance. These Road Impact Fee Credits shall be transferable from the November 29, 2006 Page 2 Rocking Horse Ranch DV A-06-002 Second Public Hearing Developer to any lot owner within the Rocking Horse Ranch Subdivision. These credits may only be used in association with houses permitted in the Rocking Horse Ranch Subdivision. On November 14, 2006, this Board held the first public hearing on the Development Agreement and continued the item for the second required public hearing to December 5, 2006. The adoption hearing for the agreement is in conjunction with the request for Final Planned Unit Development approval of the Rocking Horse Ranch - PUD. Attached is a copy of DVA-06-002, which, if approved, would grant the development agreement between St. Lucie County and Johnson Road Development Group, LLC. Staff recommends that the Board approve the Development Agreement at the second public hearing scheduled for Tuesday, December 5, 2006, at 6:00 p.m. or as soon thereafter as possible, to coincide with the public hearing for the Rocking Horse Ranch Final PUD. Please contact this office if you have any questions on this matter. SUBMITTED: ~C!J~ If Bob Nix, AICP Growth Management Director cc: Mark Brackett - Johnson Road Development Group, LLC Geoffrey Barkett - Schulke, Bittle & Stoddard, LLC F~e . ., . DV A 06-0~ DEVELOPMENT AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AND JOHNSION ROAD DEVELOPMENT GROUP, L.L.C. RESPECTING A PROJECT KNOWN AS ROCKING HORSE RANCH RESIDENTIAL SUBDIVISION THIS AGREEMENT is made and entered as of this ~dayofDecember_ 2006, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (the "Board"), and JOHNSION ROAD DEVELOPMENT GROUP, L.L.C., a Florida Limited Liability Company (the "Developer"). 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 Statutes (Act), and Section 11.08.00 (Development Agreements) of the St. Lucie County Land Development Code (LDC). B. The Developer owns certain real property (Property) located in St. Lucie County, Florida, described in the attached Exhibit" A" (Property). C. The County has determined that improvements to the intersection of Johnston Road and Indrio Road are needed in order to mitigate the traffic impacts of the proposed Rocking Horse Ranch Residential Subdivision upon the County Roadway System in accordance with the County's Adequate Public Facilities Ordinances. D. 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, to encourage the efficient use of resources, to reduce the economic cost of development, and to afford certainty in the approval of development, the Board and the Developer desire to establish by agreement the terms under which the Property may be developed. E. On November 14" 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 1Q.days prior to the first hearing to all property owners, as reflected on the current years tax roll, lying within 500 feet of the Property. 'I ¡ Formatted Del~ted: 1 Deleted: - Deleted: - Formatted: Superscript ( Deleted: [ Deleted: 5 F. On December 5,. 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 second public hearing. NOW, THEREFORE, in consideration of the mutual covenants entered between the parties, and in consideration of the benefits to accrue to each, it is agreed as follows: 1. Accuracy of Recitals. The above recitals are true and correct. 2. Mandatory Provisions. a. Legal Description and Owner. The land that is the subject of this Agreement is described in the attached Exhibit "A". The owner of legal and equitable title to the Property is JOHNSON ROAD DEVELOPMENT GROUP, L.L.C., a Florida Limited Liability Company. b. Duration. This Agreement shall expire ten (10) years after the effective date provided in Section 11, unless earlier terminated as provided in Section 8. - c. Uses. Densities. and HeiQht The development uses permitted on the Property, including densities. and height,shall be as follows: Uses Allowed: Single Family Residential - 160 Single Family Dwelling Units Density Allowed: One (1) Unit Per Acre I , Height Allowed: As is currently allowabíe under the St. Lucie County L.D.C. I , I 2 [ Deleted: Deleted:.Intensities Deleted: . and Architectural Standards Deleted: intensities. Deleted: , Deleted: Intensity Allawed:<i <i <i Deleted: g:\atty\agreemnt\AG Dev Group Deleted: Architectural Standards<i <i d. Future Land Use Map Designation. The land use designation of the Property under the future land use element of the St. Lucie County Comprehensive Plan is RE ("Residential Estate"). e. Zoning. The currer\t zoning of the property is AG-l ("Agriculture"). f. Site Plan. On October 18, 2005, the Developer submitted and obtained preliminary Planned Unit Development (PUD) approval from the BoardJor the Property consistent with the provisior\s of Section 2c herein. On or before October 1~ 2007, the Developer shall submit and obtain Board approval of a final site plan for the Property consistent with the approved conceptual site plan and 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 "ß.". h. Local Development Permits. , The local development permits required for the development of the Pr~perty are: (1) Rezoning - to PUD ·Planned Unit Development" . (2) Regulatory permits - surface water management permit(s) from the South Florida Water Management District. The need for other regulatory agency permits shall be determined based upon final site construction plans. (3) Subdivision plat approval- will be required prior to the sale of any lots or properties. (4) Final development order - required prior to commencing construction. (5) Site plan approval - required prior to commencing construction. (6) Building permit - required prior to commencing construction. I. Responsibility for Local Development Permits. Deleted: approval of a conceptual site plan [ Deleted: 1 ¡ Deleted: 0 Deleted: C Deleted: RE Deleted: Residential Estate Deleted: g:\atty\agreemnt\Johnso n Rd Dev-Rocking Deleted: Page II of 12 Formatted: Position: Horizontal: Center, Relative to: Margin, Horizontal: 0", Width: Auto, Height: Auto, Wrap Around Formatted: Position: Horizontal: 1.05", Relative to: Page, Vertical: 0.01", Relative to: Paragraph 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 is/are 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 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 C"LDC"), the Board finds that the development of the Property as provided in this Agreement is cOl')sistent with the LDC. I. 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 referenc~ to the code provision so amended, modified, or waived. JT\. 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. Agreement to Fund and/or Construct Improvements. Subject to the approval of the County, and approval of the final site plan, the Developer agrees to design, permit, and I ,Construct the improvements identified in Exhibit "ª-" within 365 days from the date of this Agreement. Furthermore, the Developer agrees to pay the entire cost for the design and construction of the improvements identified on Exhibit "ª-'~ Thg,cost is currently estimated to 4 Deleted: q " " " n~Section Break (Continuous)~ Deleted: q Deleted: g:\otty\ogreemnt\AG Dev Group Deleted: C Deleted: C Deleted: Deleted: is be $450,000.00, less $26,610.00 currently spent for design. At the option of the County, which option must be exercised on or before the approval of the final site plan, in lieu of designing, permitting and constructing the improvements identified g,n Exhibit:£ the County may request the Developer to deliver a cashier's check to the County in an amount equal to $450,000.00 (less $26,610.00). In the event the County exercises this option, the Developer shall provide the funds to the County on or before 30 days from the date of approval of the final site plan. 4. Road Impact Fee Credits. In exchange for the Developers payment for design and construction of the improvements identified on Exhibit "ß", the County shall grant the Developer Road Impact Fee credits in the amount of $450,000.00 as allowed by the st. Lucie County Road Impact Fee Ordinance. Said Road Impact Fee Credits shall be transferable from the Developer to any lot owner in the Rocking Horse Ranch Residential Subdivision. These credits may only be used in association with houses permitted in the Rocking Horse Ranch' Residential Subdivision. 5. Final Site Plan Submittal. On or before October 1!L 2007, the Developer agrees to provide a final site plan (the "Site Plan") to the Board in accordance with the provision of 2c of this Agreement showing the proposed development of the Property that is consistent with the approved preliminary planned unit development approval as set out in Resolution No. 05- 027. The Developer further agrees that the plan for development of the Property 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. 6. Road RiQht-of-Way Dedication. Within forty-five (45) days from the date of the approval of the final site plan, the Developer agrees to ded)cate and convey to the Board a 1.24 acre strip of land for right-of-way purposes alonQ Johnston Road. The conveyance shall be by general warranty deed in recordable form and shall be free and clear of all liens and encumbrances. In the alternative, the Developer may dedicate the right of way to the county on the record plat free and clear of all liens and encumbrances. At least fifteen 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 closing, the Developer shall deliver a title policy to the County consistent with the commitment naming the County as the ~nsured, b. Sealed survey certified to the Board showing no encroachments. ¡ Deleted: i Deleted: C { Del~ted: C [ Deleted: 1 [ Deleted: as shown on Exhibit 'B" Deleted: g: \otty\ogreemnt\Johnso n Rd Dev-Rocking Deleted: Page 11 of 12 Formatted: Position: Horizontal: Center, Relative to: Margin, Horizontal: 0", Width: Auto, Height: Auto, Wrap Around Formatted: Position: Horizontal: 1.05", Relative to: Page, Vertical: 0.01 ", Relative to: Paragraph 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. 7. Impact Fees. No building permit shall be issued for development of the Property unless and until any and all impact fees required under then applicable ordinances have been paid by the Developer or its assigns. Nothing in this Agreement shall constitute a waiver by the Developer of its right to apply for road impact fee credits for the dedication pursuant to the St. Lucie County Code of Ordinances (the ·Code"). If the Board determines that the dedication is eligible for credits against road impact fees' pursuant to the Code, the parties agree to enter into a separate Road Impact Credit Agreement. 8. Adequacy of Public Facilities; Continued Reservation of Capacity. "the following items in regard to the adequacy of public facilities in this area are acknowledged: a. Drainage: The Property is located in part within the identified 100 year flood plain. All construction activities will be in accordance with applicable St. Lucie County and South Florida Water Management District permitting standards and regulations. b. Potable Water: The project is not required to ~xtend or connect to th~ potable water system. c. Sanitary Sewer: The project is not required to extend or connect to the sanitary sewer system. d. Solid Waste: Sufficient capacity exists in the St. Lucie County Landfill to service the anticipated demands of the Property. e. Parks: Sufficient capacity exists within all required level of service categories for the proposed number of residential units. f. Mass Transit: Not applicable. g. Roads: Subject to completion of the improvements identified on Exhibit 6 Deleted: g: \atty\agreemnt\AG Dev Group "ß.", sufficient roadway capacity will exist to support the proposed development of this I project. 9. Amendment of Cancellation by Mutual Consent. This Agreement may be amended or cancêlled by mutual consent of the parties, and shall 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 sfandards and regulations in effect at the time the application is fi led. 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 applìcable St. Lucie County construction standard or code in effect at t~e time the application is filed. . 10. Involuntary Revocation of Development AQreement. The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that the terms and conditio~s of this Agreement, including al! 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 p,ublic 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 assurt 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 Board approval of any change in the Site Plan shall survive the revocation of the Agreement. )1. Term. [ Deleted: C Deleted: 'II Deleted: g: \atty\agreemnt\Johnso n Rd Dev-Rocking r Deleted: q¡ .1 Deleted: Page II of 12 Formatted: Position: Horizontal: Center, Relative to: Margin, Horizontal: 0", Width: Auto, Height: Auto, Wrap Around Formatted: Position: Horizontal: 1.05", Relative to: Page, Vertical: 0.01", Relative to: Paragraph The term 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. 12. Recording: Submission to Florida Department of Community 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. 13. Effective Date. This Agreement shall be effective 30 days after its receipt by the Florida Department of Community Affairs. Notiçe of the effective date of this Agreement shall be provided by the Board to all effected parties to the Agreement. 14. 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 effect'ive 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 ann\Jal 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. 8 Deleted: g:\otty\ogreemnt\AG Dev Group e. Identification of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each. 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. 15. 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. 16. 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. 17. Notices. The parties designate the following persons as representatives to be contacted >and to receive all notices regarding this Agre~ment: Deleted: g:\atty\agreemnt\Johnso n Rd Dev-Rocking Deleted: Page II of 12 Formatted: Position: Horizontal: Center, Relative to: Margin, Horizontal: 0", Width: Auto, Height: Auto, Wrap Around Formatted: Position: Horizontal: 1.05", Relative to: Page, Vertical: 0.01", Relative to: Paragraph For the Board: County Administrator St. Lucie County 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: Mark A. Brackett Johnson Road Development Group, L.L.C. 1974 14th Avenue Vero Beach, Florida 32960 With a copy to: Fred L. Kretschmer c/o 1974 14th Avenue Vero Beach, Florida 32960 17. Successors and AssiQns. 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 . _ _ _ JNW;tTNESS 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. 10 Deleted: g:\atty\agreemnt\AG Dev Group Signed, sealed and delivered 'in the presence of: JOHNSION ROAD DEVELOPMENT GROUP, L.L.C. a Florida Corporation By: Print Name: Witness Print Name: Witness ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman 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 , Johns!on Road Development Group, L.L.C., a Florida Corporation, who is _ personally known to me, or _ who has produced as identification and who _ did/_not take an oath. Notary Seal Notary Public, State of Florida Print Name: My Commission Expires: [r-" [ Deleted: " Deleted: g:\atty\agreemnt\Johnso I n Rd Dev-Rocking Deleted: Page 11 of 12 Formatted: Position: Horizontal: Center, Relative to: Margin, Horizontal: 0", Width: Auto, Height: Auto, Wrap Around Formatted: Position: Horizontal: 1.05", Relative to: Page, Vertical: 0.01", Relative to: Paragraph ----------- -- - - - - - - - - - -. -- -- -- - - - - - - - - --------------- ------- --------. -------. . - -- - - -- - -. -" - - -- - - -. ~ -. - - .- - ------ -. - - - - - - -. - - - - - - -- - - - - - -- -------------------------------~ 12 Formatted: Font: (Default) Times Formatted: Font: 14 pt, Bold Deleted: g:\atty\agreemnt\AG Dev Group Exhibit "A" Legal Description THE NORTHEAST 14 OF SECTION FOUR TOWNSHIP THIRTY-FOUR SOUTH, RANGE THIRTY-NINE EAST, LESS THE EAST THIRTY FEET OF THE NORTHEAST '/4 OF THE NORTHEAST 14 AND LESS THE WEST SIXTEEN FEET AND ALSO, LESS THE EAST SEVENTY FEET OF THE SOUTHEAST 14 OF THE NORTHEAST 1/4; SAID LAND SITUATED IN ST. LUCIE COUNTY, FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 1827, PAGE 2179, ST LUCIE COUNTY, FLORIDA PUBLIC RECORDS. (Tax ID#: 1304-111-0002-0001) Location: Along Johnston Road just south of the Indian River County Line. Exhibit B Scope of Services Task 1 - Survey We wiI1 obtain design survey infonnation to support and facilitate contemplated design and permitting activities associated with the proposed intersection improvements. Collected survey within the project limits will include existing Right-of-Way identification, establishment of Horizontal and Vertical control, and the identification of all above ground appurtenances, such as edge of pavement, striping, utilities, and other topographic elements. The project design limits shall begin at a point along Indrio Road that is approximately 1600 feet west of Johnston Road and continue east along Indrio Road to a point 1200 feet east of Johnston Road. Johnston Road will be surveyed 1200 feet north of Indrio Road and 150 feet south of Indrio Road. Due to the nature of the heavy traffic that consistently operates at this intersection, much of the survey field work wi1l need to be performed on weekends. Task 2 - Geotechnical Geotechnical exploration will be perfonnecl as needed to facilitate roadway improvements and signal design. This may include tests such as: · Standard Penetration Test (SPT) borings for mast ann design. · Groundwater determination. Task 3 - Intersection Design Roadway construction plans wiJl be prepared to expand the intersection of Indrio Road and Johnston Road to the proposed expanded intersection geometry. These improvements will include the design of the following intersection configuration: North leg: Addition of a single right tum lane (60 ft of storage plus 185 ft of deceleration) East leg: Addition of a single right tum lane (60 ft of storage plus 405 ft of deceleration length) West leg: Addition of a single left turn lane (175 ft'of storage plus 405 ft of deceleration length) Roadway transitions will be required on the north, east and west proposed legs to transition out the widening required for the introduction of a left turn lane to the existing 2-lane configuration at the intersection. The turn lane storage lengths have beeñ computed ITom existing peak hour volumes. The design speed for both roadways wi11 be 5 mph above posted speed. The design wi11 incorporate the fonowing: 1. Roadway plan sheets depicting the intersection and roadway improvements. 2. Cross-sections at 100 ft. intervals. 3. Signing and marking plans using current FDOT and MUTCD criteria. 4. Stonnwater runoff is currently being col1ected in roadside swales and conveyed to the local canal system. The widening improvements wi11 account for adjustments to the existing swale system to maintain existing conveyance. 5. Stonnwater pennitting wi11 be coordinated through South Florida Water Management District (SFWMD) and the local governing agenciés. During the course of the permitting we win attend the necessary pre-application and coordination meetings with the agencies as needed. The applicable pennit applications wi11 be prepared by Kimley-Horn with St. Lucie County as the applicant. 6. Plans wi11 be produced in English units at a Í"=40' scale on 11" x 17" sheets. 7. Plans will be submitted to the County in conjunction with submittals to the Florida Department of Transportation for review and comment. 8. A reproducible set of plans, a copy of the electronic files and a copy of the technical specifications needed for the bid documents will be delivered to the County upon 100% completion of the design. 9. Upon completion of construction of the project and receipt of the As Built drawings from the contractor, we wil1 make the necessary certifications to the pennitting agencies. 1974 14th Avenue Post Office Box 1328 Vero Beach, FL 32961 Phone: (772) 567-9255 Fax: (772) 567-9253 www.brackettandcompany.com January 30, 2006 Michael Brillhart , Strategy and Special Projects Director St. lude County Administration Building 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Rocking Horse Ranch , Offsite roadway improvements developer's agreement Dear Mr. Brillhart, Attached to this letter is a certified cost estimate for the improvements to Indrio Road and Johnston road as outlined in the approved developer's agreement referenced above. The . project schedule will' include approximately six (6) months to design and permit and another ' eight (8) months to construct. The design of the roadway improvements will begin ihtwo (2) weeks and we anticipate the improvements to be completed by March of 2007, Should you have any questions or require additional information, please feel free to contact me at our office. fffi - , EXHIBIT I "//' , ~=~ Kimley-Horn and Associates, Inc, Indrio Rd. & Johnston Rd. Intersection OPINION OF PROBABLE PROJECT COSTS ROADWA Y, DRAINAGE & UTILITY January 12, 2006 "SInce the Engineer has no control over time, labor and material cost furnished by others, or over methods of determining prices, or market conditIons, al/ opinions rendered herein as to cost, represent its best judgement; the EngIneer does not guarantee that actual cost will not vary from opInIon of cost. " ROADWAY ITEM NO. ITEM UNIT QUANTITY UNIT COST COST 101-1 MOBILIZATION LS 1 25,000.00 25 000.00 102-1 MAINTENANCE OF TRAFFIC LS 1 15 000.00 15,000,00 104 EROSION CONTROL LS 1 5,000.00 5,000,00 110,'" CLEARING & GRUBBING AC 0,85 10,000.00 8,500.00 120,1 EXCAVATION CY 1,000 3,50 3,500.00 120,6 EMBANKMENT .. CY 1000 6.00 6,000,00 160,4 TYPE B STABILIZATION (12') SY 4,360 6,00 26 160,00 285·7·09 OPTIONAL BASE (GROUP 9) SY 3,345 12,00 40,140.00 331-2 TYPE S ASPHALTIC CONCRETE (2,5') SY 3,345 10,00 33,450,00 331-2 TYPE S ASPHALTIC CONCRETE (OVERLAY) (1,5") SY 7,145 7,50 53587.50 536,'" GUARDRAIL LF 1,920 15.00 28800,00 536,73 REMOVAL OF EXIST, GUARDRAIL LF 1500 3.00 4,500.00 536-85-22 END ANCHORAGE ASSEMBLY EA 6 1,700.00 10,200.00 575-1-1 SOD, BAHIA SY 2540 2,00 5 080,00 700,40,1 SIGN, SINGLE POST EA 7 250,00 1,750.00 706-3 REFLECTIVE PAVEMENT MARKERS EA 200 5.00 1,000,00 711-4 DIRECTIONAL ARROWS, THERMOPLASTIC EA 10 40.00 400,00 711-33 SKIP TRAFFIC STRIPE, THERMOPLASTIC (WHITE) LF 170 0,75 127.50 711-35-061 6' SOLID TRAFFIC STRIPE, THERMOPLASTIC (WHITE) LF 5,495 1.00 5,495,00 711-35,241 24' SOLID TRAFFIC STRIPE, THERMOPLASTIC (WHITE) LF 72 3.00 216,00 711-36-061 6' SOLID TRAFFIC STRIPE THERMOPLASTIC (YELLOW) LF 6,455 1,50 9 682,50 711-36,181 18' SOLID TRAFFIC STRIPE, THERMOPLASTIC (YELLOW) LF 235 2,50 587,50 ~oâélw.y¡;rõ~~1'tµ~1ji¡'¡j~¡¡';.4·&~;jf¡¡)!!:;ì?~Þ:~¡;~84i17~;01) _~1#:r:jj¡ïe~~\*~¡~~~"i'¡<!42¡626íOO TQT . ",' oJ¡'!j':¡1;t!!iií?,ifi;t>~!!!P1,\¥';;"¡;L'1~'ijj~*,":t\326802¡OO ~" ,- -.' }Cc.'''''._:: ;-., _' . ,-,_ "~.,~.,.,...,._,.",, ".. .__"..,:_, "":'>::',_.. __ , Assumptions: This opinion of probable cost is based on preliminary conceptual layout of the required intersection improvements proir to collection of survey information, Quantities have been approximated from theoretical lane geometry, and are subject to change as design drawings are prepared, , 2,2006 .'r-"~-~';'.- "' DIVISION OF ENGINEERING MEMORANDUM 06-327 TO: Hank Flores, Growth Management FROM: Mike Powley County Engineer Mv p DATE: November 30, 2006 SUBJECT: Rocking Horse Ranch It is my recommendation that the developers of Rocking Horse Ranch be required to build the roadway improvements for the Indrio Road and Johnston Road intersection as stated in the. Developer's Agreement. The County has the discretion to request the improvements be constructed rather than bonded. The former is clearly in the'best interests of the County. Please call me at x1667 if you have any questions or concerns. MVP:lb cc: Don West, P/W Director Bob Nix, Growth Mgt. Director Craig Hauschild, Asst.Co. Eng Ron Harris, County Surveyor , John Frank, Sr. Proj. Eng. Natasha Taylor, Civil Eng. I z ~ 1:I,'rt:-j "I"", //' ~\\je ,_____<~~:::---"~ u 0 ~v \ "Ò\3" .. ___"',/---_r=_-------,-"--.-,. I -0 ~~ ' Jt _,,/(m)lf~-:=/~-- ~ Æ ~: r-4 J,~lrT--"~--,---~--,~,---·-'-----'-'-·~ c: ....... oQ . ¡ (~ \1 __..'P.' o C '=:j I ' ...---'-' l.. .,---'--' [J) ( ) 0:- I __--.-'- cEo I _/ ..c: Q.' [' I ,,-,.-' ~ 0 ~ ¡ ..._-,./ ( ) I ' ,--- > 0 I ! .-------- ( ) :J it.... 00.. Ii _____.---1 I I , I , I I I I I I I , I I ¡ I I 1"- I I I I I I I I~ I I~f J~.J Pt:l 1\ Ii I ... t· !\ I, I \', I \\ 1_ Pt:! UO~SUL Or I I I 1- ~ ¡ P t:l pJ 8681 q 0>t --,-,--,--/-' ! "-"',/----~.- I I I I I I I I I I I I I I I I I I I I I I I _./ I...... 1 I I , I 1 I , I 1 I I I I I I I I r >- +oJ C ::J o Ü I- <1> .> Q:: c ro 1J c Q) ü :::¡ .....J ~e ~C$/ ~' ..,...; (j) I (I ____"._.__. .___________. I 88 p~ 'p~l\j!eojÒI^ei ÁMH S6U!>t l i ....,/ ,/ l /t' ,/ l ,/ ,/ .... ,/ -0 a:: .---_...,-~._--,-_.- ..'.. ....-...----. Pt:l 810U!W8S o UOSJ8W3 ï::: -0 c UO¡SULlOr Pðj --- / ---------,--,-'----_.-'--'" --.------- ,.-,-,.-.,---,.,------ ...... f /""~ ./ ~ ro,/ ~ ii .:::J::. ,./ '--l ro' a.. ro c· ro U ,-" ,,' ..r" -' Q.) ....... ro ....... Cf) "- Q) ..c: u Q) en Q) c ..c: CJ) e ::J Cf) - ro c ro U J BEFORE THE BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of S1. Lu- cie County, Florida, will consider Development Agreement 06-2 between the Board of County Commrssioners and Johnston Road Development Group, L.L.C. for the proposed Rocking Horse Ranch Planned Unit Development (PUD). A public hearing will be held before the S1. Lucie County Board of County Commissioners on Tuesday, the 14th of November, 2006 at 6:00 p.m., or as soon thereafter as the matter may be heard in the 51. Lucie Coun- ty Commission Chambers at the St Lucie County Administration Building Annex, Thi rd Floor, 2300 Virginia Avenue, Fort Pierce, Florida, Matters affec- 1 ting your personal and property rights may be heard and acted upon. All in- terested persons are invited to attend and be heard. Written comments re- ceived in advance of the public hearing will also be heard. Copies of the proposed Agreement may be obtained from the County Attor- . ney's Office, St Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, 34982, Amendments to the Agreement may be made at the public hearing. If any person decides to appeal any decision made with respect to any matter I considered at the meetings or hearings of any· board, committee, commis- sion, agency, councilor advisory group, that person will need à record of the proceedings and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimo- ny and evidence upon which the appeal is to be based. Upon the reques,t of any party to the proceedings, 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 . Anyone with a disability requiring accommodation to attend the public hear- ing should contact the S1. Ll.!cie County Community Services. Director at (772) 462-1777 or T.D.D, (772) 462-1428, at least forty-eight (48) hours prior to the meeting, ~ :¡I ¡!!!I ~I ~ Jctin,,,,, Road N eo.eioøment G_,LLC iI PUD:t~~~ZO~020 f-\ ¡ \ l \ ~ \~ \~- \~ \. ~ \ ~ \~ ~, 1.\ ~ fõ \\\ ~,LuCie Ivd \ ~ \ ualta e' \ II) -'<~/. ~ ~ z Indian River County \ "\ \\, I \~ , ~I;t. ~.~"A'CII'fll .~:¿:;;-' "0 "0 ~ a:: a: , \ \ \ \ \ Sunshine State Parkway \ ~"', \ Canal (Belcher, ç¡¡na;h . , ' ,.,.......,.''',-.,. ~~º . " " " ........ \ '-...., ". c o ¡¡; c :; o "7 Q õ .ç; E II) rn c::: ,g In c: r. o ") c: o I!! QI E w Indri, L~_ The title of this Agreement is: DVA 06-2 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AND JOHNSTON ROAD DEVELOPMENT GROUP, L.L.C. REPRESENTING A PROJECT KNOWN AS ROCKING HORSE RANCH RESIDENTIAL SUBDIVISION THIS NOTICE EXECUTED and dated this 2nd day of November, 2006. Submitted by: Daniel S, Mcintyre County Attorney PUBLISH DATE: November 3, 200[]6 1504270 \ ... To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: c!J APPROVED c=J OTHER Approved 5-0 Agenda Request F;' -J.CT- 12/05/06 Item Number Date: Consent Regular Public Hearing Leg, [ ] [ ] [ ] [ X ] Quasi-JD [ X ] Board of County Commissioners Growth Management D DENIED Presented By G!~{-;A~~ent Director Petition of Johnston Road Development Group, L.L.C for a Change in Zoning from the'AG-1 (Agricultural- 1 du/acre) Zoning District to the PUD (Planned Unit Development - Rocking Horse Ranch) Zoning District and Final Planned Development Site Plan Approval for the project known as Rocking Horse Ranch for property located at the southwest corner of the intersection of Johnston Road and the Indian River County line. - Draft Resolution No. 06-300. Johnston Road Development Group, L.L.C is proposing a 160 unit single family residential subdivision known as Rocking Horse for property located at the southwest corner of the intersection of Johnston Road and the Indian River County line. N/A. On October 18, 2005, this Board approved the Preliminary PUD site plan for the Rocking Horse PUD together with its initial Development Agreement. In consideration of conditions placed upon the site plan, the applicant has revised the Development Agreement for consideration by the Board. On November 14, 2006, this Board held the first public hearing on the Development Agreement. On December 5, 2006, this Board is scheduled to hold the second public hearing on the proposed development agreement. Staff recommends approval of Draft Resolution No, 06-300,' subject to 15 limiting conditions of approval. County Attorney: Originating Dept.: N' ,M-j. Finance: Coordinationl Signatures Mgt. & Budget: Environ, Res, Dept.: ~ County Engineer: ~ Purchasing: MSBU Coordinator: Transmittal Master List Rocking Horse Ranch PUD 06-014 Primary Distribution Environmental Resources Department - Amy Mott Public Works , Surveyor - Ron Harris Road, Bridge, & Trailsportation - Don Pauley Stormwater Management- Mike Halter General Engineering - John Frank Zoning Supervisor - Paula Bushby Attorney Prop Acquisition - JoAnn Riley Sent Received 08/07/06 10/12/06 04/06/06 05/06/06 10/12/06 10/23/06 08/07/06 08/25/06 10/12/0610/13/06 08/07/06 08/17/06 Sheriff's Department - Major Monahan 08/07/06 08/18/06 St Lucie County Fire District - Captain Derek Foxx 08/07/06 08/14/06 Ft Pierce Farms/North St Lucie Water Control District - Ray Garcia Property Appraiser's Office - Maurice Snyder IF AS - Jeffrey Gellermann Residential Only 08/07/06 School Board of St Lucie County - Marty Sanders Community Services (Transit) - Jody Bonet Geographical Based St Lucie County Utility Department - Ray Murankus 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 08/07/06 08/21/06 08/07/06 08/23/06 08/07/06 08/11/06 -.1. Commission Review - December 5, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: THROUGH: Board of County Commissioners Bob Nix, Growth Management Director Hank Flores, Planning Manager FROM: Larry Szynkowski, AICP, Senior Planner DATE: November 29, 2006 SUBJECT: Petition of Johnson Road Development Group, LLC. for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the PUD (Planned Unit I;)evelopment - Rocking Horse Ranch) Zoning District and Final Planned Development Site Plan Approval for the project known as Rocking Horse Ranch LOCATION: Southwest corner of the intersection of Johnston Road and the Indian River County line CURRENT FUTURE LAND USE DESIGNATION: RE (Residential Estate - 1du/acre) AG-1 (Agricuítural - 1 du/acre) EXISTING ZONING: PARCEL SIZE: 160.478 acres PROPOSED USE: SURROUNDING FUTURE LAND USE DESIGNATIONS: 160 Units of Single Family Residential North: Indian River County; South, East, and West: RE (ResideRtial Estate - 1 du/acre). ' SURROUNDING ZONING DESIGNATIONS: North: Indian River County South, East, and West: AG-1 (AgriculturaI1du/acre) Also, to the south is a pending PUD, West Indrio Groves (.987du/acre) . SURROUNDING EXISTING LAND USES: The existíl1g uses of lands abutting the subject property to the north, south, east and west are agricultural with canals November 29,2006 Page 2 Subject: Rocking Horse Ranch Final PUD File No.: PUD-06-014 adjacent on the north, east and west sides. (Please see attached "Existing Land Use Map") UTILITY SERVICE: The subject site is outside of the St. Lucie County Utilities service area, and will use well and septic since no services are available. TRANSPORTATION SERVICE: RIGHT-OF-WAY ADEQUACY: The existing right-of-way for Johnston Road varies from 65 feet to 70 feet. SCHEDULED IMPROVEMENTS: The developer will improve Johnston Road to St. Lucie County Standards'with 12 foot travel lanes, 12 foot turn lanes, and 5 foot bike lanes; An 8 foot sidewalk will be constructed with railings per the Florida Department of Transportation (FOOT) Design Standards. FIRE/EMS PROTECTION: Fire District Station 7 is located at 4000 Fort Pierce Boulevard about two miles north from, this project. Station #1 (2400 Rhode Island Ave) is located approximately 3 milesto the southeast of the site. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. *********************************************************************** 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: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed Final Planned Unit Development is consistent with the St. Lucie County Land Development Code. There are a total of 160 single-family lots proposed in this development. If the subject property were to be developed at the maximum density allowable by the proposed Future Land Use Classification of RE (Residential Estate) - 1 dwelling unit per acre, 160 units might be possible. The site plan that is submitted as a part of this rezoning to PUD is consistent with the provisions of the Land Development Code. November 29, 2006 Page 3 Subject: Rocking Horse Ranch Final PUD File No,: PUD-06-014 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed Rocking Horse Ranch - PUD is' consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. Policy 1.1. t.1 of the St. Lucie County .comprehensive Plan estaþlishes maximum residential densities of RE (Residential Estate) - 1 dwelling unit per acre. The proposed project is to be developed with a maximum residential density of 1 unit per acre; therefore, the proposed project is consistent with thi~ policy. Policy 1.1.9.4 of the St. Lucie County Comprehensive Plan establishes regulations providing that existing on-site native upland habitat be incorporated into required site plans as a part of open space areas, required landscaping, or as a part of minimum yard areas, as is practicable. The proposed project has 3.26 acres of native uplands, which will all be preserved on the proposed project area. The remainder of the subject property has been utilized for a grove operation, which is now defunct. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning to PUD for the purpose of allowing the construction of a single-family residential development is not inconsistent with the proposed future land use classification of the subject property and surrounding properties. The St. Lucie County Comprehensive Plan designates the subject property with a Future Land Use Classification of RE (Residential Estate), which allows up to 1 dwelling unit per acre. The AG-1 Zoning District also allows 1 dwelling unit per acre. The proposed PUD has a gross density of 1 dwelling per acre. There are several developments located to the north of the proposed project in Indian River County that have higher densities than the proposed project. Arbor Trace is one of these developments. 4. Whether there have been changed conditions that require an amendment; There have not been changes that would require an amendment. The site is located outside of the Urban Service Boundary of St. Lucie County. Water and sewer services will need to be provided through on-site well and septic systems. 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; November 29, 2006 Page 4 Subject: Rocking Horse Ranch Final PUD File No.: PUD-06-014 6. The proposed site plan, which is tied to this rezoning, would not create additional demands on water/sewer facilities in this area since no facilities exist. The subject property is located outside of thè Urban Service Boundary of St. Lucie County. 'Water and sewer service is to be provided by on-site well and septic systems for each lot. The' public school system can be expected to be responsible for the education of an additional 54 students. At the writing of this report, staff has not received a response from the School Board in regard to this project. Drainage will be handled through a master drainage system which requires permits from the South Florida Water Management District (S.F.W.M.D.), as well as, a St. Lucie County Stormwater permit. Whether and the èxtent to which the proposed amendment would re$ult in significant adverse impacts on the natural environment; The proposed change in zoning and development of this site as a residential planned unit development is not expected to result in any adverse environmental impact. The subject property has been operated as a grove for many years prior to the proposed development application and residential development should Rot have an adverse effect. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern may' result with this change in zoning. The subject property is located to the south of several developments in Indian River County that have a higher density than the proposed project. Arbor Trace is one of these developments. . 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 is not 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 applicant, Johnson Road Development Group, LLC., is proposing a residential development of 160 Single-Family Lots on 160 acres of land located at the southwest corner of the intersection of Johnston Road and the Indian River County line. The project is to be known as Rocking Horse Ranch - PUD. As a Planned Unit Development, the applicant proposes to develop the subject property with some flexibility. Section 7.01.03(1) of the St. Lucie County Land Development Code requires that 35% of the site must consist of open space,' a minimum of 15% of which must be native upland habitat preserved in its natural condition. The proposed planned development maintains 56 acres of the project area in total common open space. Lakes and landscaping contain 41.42 acres, native upland habitat-contains 4.65 acres, 3.96 November 29, 2006 Page 5 Subject: Rocking Horse Rancb Final PUD File No,: PUD-06-014 acres of common ,Qpen space tracts, and the recreational area contains 3.67 acres. The applicant is also dedicating an additional 40 feet of right-of-way along Johnston Road that totals 1.24 acres, The remainder of the project consists of those areas designated for residential development (buildings, roadway, driveways, and sidewalks). As a part of the site plan review process, Johnston Road Development Group, L.L.C. has been requested to fund improvements to the intersection of Johnson Road and Indrio Road through a Development Agreement. These improvements are necessary to mitigate the traffic impacts of the development's 160 single family residential units upon this intersection. The applicant has provided staff with a certified construction cost and material estimate together with a construction schedule for the required intersection improvement. These items have been included within the revised Development Agreement. Under the terms of the proposed agreement, the Developer will either pay for thè design, permitting, and construction costs associated with this improvement in the amount of $423,390 ($450,000 total cost minus $26,61 ° already encumbered for design) or construct the necessary improvements within one year. The option is at the discretion of the County.. The St. Lucie County Engineering Division has stated that they would like for the developer to construct the improvements. If the development agreement is approved, the developer of Rocking Horse Ranch will be given Road Impact Fee credits in the amount of $450,000.00 as permitted by the St. Lucie County Road Impact Fee Ordinance. These Road Impact Fee Credits shall be transferable from the Developer to any lot owner within the Rocking Horse Ranch Subdivision. These credits may only be used in association with houses permitted in the Rocking Horse Ranch Subdivision. Please note that the second public hearing on the proposed Development Agreement (DVA-06- 002) will be held in conjunction with the public hearing on the Final Planned Unit Development on December 5, 2006. Staff has determined that the proposed zoning designation and the Final Planned Unit Development site plan are compatible with the existing and proposed uses in the area. The proposed Final Planned Development Site Plan is in conformity with the approved preliminary site plan and the conditions of approval as set forth in Resolution 05- This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Board of County Commissioners approve the petition, subject to the following conditions: . 1, The developer, his successors or assigns, shall submit and have approved a Development Agreement to provide for the improvements necessary for the intersection of Johnston Road and Indrio Road in order to operate this intersection at an acceptable level of service as a result of the proposed development. Under the terms of the proposed agreement, the developer will either pay for the design, permitting, and construction costs associated with this improvement in the amount of $423,390 ($450,000 total cost minus $26,610 already encumbered for design) or construct the necessary improvements within one year, The option is at the discretion of St. Lucie County, " ' November 29, 2006 Page 6 Subject: Rocking Horse Ranch Final PUD File No.: PUD-06-014 If the development agreement is approved, the developer of Rocking Horse Ranch will be given Road Impact Fee credits in the amount of $450,000.00 as permitted by the St. Lucie County Road Impact Fee Ordinance. These Road Impact Fee Credits shall be transferable from th~ Developer to any lot owner within the Rocking Horse Ranch Subdivision. These credits may only be used in association with houses permitted in the Rocking Horse Ranch Subdivision. 2. The Final Plat for the Rocking Horse Ranch PUD shall not be recorded until constructible engineering plans are approved, and all common improvements are either: a) built and accepted or approved by St. Lucie County; or . b) appropriate security is provided to St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land [ievelopment Code. 3. No final site plan construction Development Permits order shall be issued by the County until complete sets of sealed constructible final engineering plans, supporting calculations and survey data for all site work and offsite improvements are submitted to the County and approved by the Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, St. Lucie County Fire District, and any other agency or County Department that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 4. No two adjoining homes shall have the same front architectural elevation. 5. Prior to the issuance'of the Certificate of Occupancy (CO) for the first residential unit, the developer, his successors or assigns, shall construct the required 12-foot wide multi-use path along the western boundary of Johnston Road. 6. Prior to the issuance of the Certificate of Occupancy (CO) for the first residential unit, the developer, his successor or assigns, shall provide right and left turn lanes at the project entrance on Johnston Road. 7. Prior to the issuance of the Certificate of Occupancy (CO) for the first residential unit, the developer, his successor or assigns, shall construct a 30 foot buffer with a six foot opaque feature along the eastern property line of the subject property along Johnston Road. The height of said buffer shall be measured from the finished floor elevation of the adjacent·homes. 8. Prior to the issuance of any permits, the developer, his successors or assignees shall November 29,2006 Page 7 Subject: Rocking Horse Ranch Final PUD File No.: PUD-06-014 provide copies of documentation from the Fort Pierce Farms Water Control District (FPFWCD) permit to construct the required multi-use path, as well as, any other improvements to be constructed within the canal right-of-way. 9. The roadway improvements shall be constructed in accordance with the St. Lucie County Land Development Code and the latest editions to the Florida Department of Transportation (FDOT) Design Standards and the Standard Specifications for Road and Bridge Construction. 10. The guardrail must be inspected along your frontage of Johnston Road to ensure that it meets current Florida Department of Transportation (FDOT) standards. If it does not the guardrail must be replaced or modified to meet current FDOT standards. 11. Prior to the issuance of the first Building Permit for the proposed project, the developer, his successor or assigns, shall submit and be approved for a permit for the installation of dry hydrants for the proposed project. This permit shall be coordinated through the St. Lucie County Fire District. 12. Prior to the issuance of any building permits or vegetation removál permits for any portion of the Rocking Horse Ranch project, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a Preserve Area Management Plan designed to be used as, a guide by the future homeowners association for the long term management of the upland and wetland preserve areas, including, at a minimum, exotic removal in all preserves, proposed monitoring program, proposed replanting plan of native vegetation in any impacted areas, signage for . preserve area boundaries, explanation of who will be responsible for future maintenance, the nine principles of the Florida Yards and Neighborhoods Program promoting "green" practices such as native plant landscaping, water conservation, and minimization of fertilizers and pesticides, and the plan in its entirety shall be included as an exhibit to the HOA documents. 13. Prior to issuance of any building permits or vegetation removal permits for any portion of the Rocking Horse Ranch project, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department Declaration of Master Covenants, Conditions, and Restrictions of The Rocking Horse Ranch Homeowner's Association documents. The guidelines, at a minimum, should specify restrictions on any encroachment into areas covered by the Conservation Easement, as well as restrictions on vegetation removal outside the building pad areas. At a minimum the documents shall include: a. Language which notifies prospective property owners that the association property includes open space/preserve areas which are protected under conservation easements; b. Language which informs the prospective property owners that the open space/preserve areas may not be altered from their natural/ permitted condition with the exception of: exotic vegetation removal, or restoration in accordance with the restoration plan included in the conservation easement; November 29, 2006 Page 8 Subject: Rocking Horse Ranch Final PUD File No,: PUD-06-014 c. Language by which the homeowner's association accepts the responsibility for perpetual maintenance of the conservation easement and agrees to take action against lot owners as necessary to enforce the conditions of the easement; and' d. Notification of property owners of any mitigation/mo"nitoring and/or financial assurances for which the association is responsible. 14. Prior to the issuance of any building permits or vegetation removal permits for any portion of the Rocking Horse Ranch PUD project, the developers, his successors or assigns, shall submit to the St. Lucie' Cour;lty Environmental Resources Department a final, recorded Conservation Easement dedicated to, or made in favor of, the County and clearly identifying the upland and wetland Preserve Area location(s) and size(es). 15. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the above conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. For the purpose of this condition, "completion of the development" shall mean the issuance of the 157th Certificate of Occupancy or the Certificate of Occupancy for the 98th percentile of the final project density in the event that less than 160 units are constructed on this site. Please contact this office if you have any questions on this matter. SUBMITTED: Þ ðt ¡ILl Bob Nix, AICP Growth Management Director cc: Mark Brackett - Johnson Road Development Group, LLC Geoffrey Barkett - Schulke, Bittle & Stoddard, LLC File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. 06-300 FILE NO: PUD-06-014 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE' ÄG-1 (AGRICULTURAL - 1 DU I ACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - ROCKING HORSE RANCH) ZONING DISTRICT AND FINAL PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS ROCKING HORSE RANCH PLANNED UNIT DEVELOPMENT WHEREAS, the Board of County Commissioners of St. Lucie' County, Florida, based on the testímony and evidence, including but not limited to the staff report, has made the fOllowing determinations: 1. Johnson Road Development Group, LLC, presented a petition for Final Planned Unit Development approval for the project to be known as Rocking Horse Ranch for the construction of 160 single-familý homes on 160 acres located at the southwest corner of the intersection of Johnston Road and the Indian River County line. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements. 3. On February 17, 2005, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended that the Board of County Commissioners approve the Preliminary Unit Development for the project to be known as Rocking Horse Ranch ~ PUD for the property depicted on the attached Maps as Exhibit "A" and described in Part B below. 4. On April 5, 2005, the St. Lucie County Board of County Commissioners held a public hearing, of which due public notice was published and mailed to all property'owners within 500 feet at least 10 -days prior to the hearing. That public hearing was continued to the May 3, 2005, meeting of the Board of County Commissioners. 5. On May 3, 2005, the public hearing on this item was continued to a dåte certain in order to allow time to work out the details for a development agreement for roadway improvements to the intersection of Johnston Road and Indrio Road. 6, On October 18, 2005 the public hearing on this item was held by the Board of County Commissioners. That Board approved the Preliminary Unit Development for the project to be known as Rocking Horse Ranch - PUD for the property depicted on the attached Maps as Exhibit "A" and described in Part B below, File No.: PUD-06-014 December 5,2006 Resolution No, 06-300 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 7. On December 5, 2006 the Board of County Commissioners held a public hearing of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and the Board of County Commissioners approved a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Rocking Horse Ranch) Zoning District and Final Planned Development Site Plan Approval for the project known as Rocking Horse Ranch for the property depicted on the attached Maps as Exhibit "A" and described in Part B below. 8. The proposed project is consistent with the general purpose, goals, objectives, and standards of the S1. Lucie County Land Development Code, the S1. Lucie County Comprehensive Plan, and the Code of Ordinances of S1. Lucie County. 9. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 10. All reasonable steps haye been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 11. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 12. The proposed project will be servèd by adequate private facilities and services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: A Pursuant to Section 11.02.05 of the S1. Lucie County Land Development Code, the Final Site Plan for the project to be known as Rocking Horse Ranch - A Planned Unit Development be, and the same is hereby approved as shown on the site plan drawings for the project prepared by Schulke, Biddle & Stoddard, L.L.C., Inc., dated October 24, 2006, and date stamped received by the S1. Lucie County Growth Management Director on October 24, 2006, for the property described below, subject to the fOllowing conditions: 1. The developer, his successors or assigns, shall submit and have approved a Development Agreement to provide for the improvements necessary for the intersection of· Johnston Road and IndrÎo Road in order to operate this intersection at an acceptable level of service as a result of the proposed development. Under the terms of the proposed agreement, the developer will either pay for the design, permitting, and construction costs associated with this improvement in the amount of $423,390 ($450,000 total cost minus $26,610 already encumbered for design) or construct the necessary improvements within one year. The option is at the discretion of St. Lucie County. -File No.: PUD-06-014 December 5, 2006 Resolution No. 06-300 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 If the development agreement is approved, the developer of Rocking Horse Ranch will be given Road Impact Fee credits in the amount of $450,000.00 as permitted by the St. Lucie County Road Impact Fee Ordinance. These Road Impact Fee Credits shall be transferable from the Developer to any lot owner within the Rocking Horse Ranch Subdivision. These credits may only be used in association with houses permitted in the Rocking Horse Ranch Subdivision. 2. The Final Plat for the Rocking Horse Ranch PUD shall not be recorded until constructible engineering plans are approved, and all common improvements are either: a) built and accepted or approved by St. Lucie County; or b) appropriate security is provided to St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 3. No final site plan construction Development Permits order shall be issued by the County until complete sets of sealed constructible final engineering plans, supporting calculations and survey data for all site work and offsite improvements are submitted to the County and approved by the Public Works Department,· Utilities Department, Environmental Resources Department, Growth Management Department, St. Lucie County Fire District, and any other agency or County Department that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 4. No two adjoining homes shall have the same front architectural elevation. 5. Prior to the issuance of the Certificate of Occupancy (CO) for the first residential unit, the developer, his successors or assigns, shall construct the required 12-foot wide multi-use path along the western boundary of Johnston Road. 6. Prior to the issuance of the Certificate of Occupancy (CO) for the first residential unit, the developer, his successor or assigns, shall provide right and left turn lanes at the project entrance on Johnston Road. 7. Prior to the issuance of the Certificate of Occupancy (CO) for the first residential unit, the developer, his successor or assigns, shall construct a 30 foot buffer with a six foot opaque feature along the eastern property line of the subject property along Johnston Road. The height of said buffer shall be measured from the finished floor elevation of the adjacent homes. File No.: PUD-06-014 December 5, 2006 Resolution No. 06-300 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 48 8. Prior to the issuance of any permits, the developer, his successors or assignees shall provide copies of documentation from the Fort Pierce Farms Water Control District (FPFWCD) permit to construct the required multi-use path, as well as, any other improvements to be constructed within the canal right-of-way. 9. The roadway improvements shall be constructed in accordance with the St. Lucie County Land Development Code and the latest editions to the Florida Department of Transportation (FDOT) Design Standards and the Standard Specifications for Road and Bridge Construction. 10. The guardrail must be inspected along your frontage of Johnston Road to ensure that it meets current Florida Department of Transportation (FDOT) standards~ If it does not the guardrail must be replaced or modified to meet current FDOT standards. 11. Prior to the issuance of the first Building Permit for the proposed project, the developer, his successor or assigns, shall submit and be approved for a permit for the installation of dry hydrants for the proposed project. This permit shall be coordinated through the St. Lucie County Fire District. 12. Prior to the issuance of any building permits or vegetation removal permits for any portion of the Rocking Horse Ranch project, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a Preserve Area Management Plan designed to be used as a guide by the future homeowners a,ssociation for the long term management of the upland, and wetland preserve areas, including, at a minimum, exotic removal in all preserves, proposed monitoring program, proposed replanting plan of native vegetation in any impacted areas, signage for preserve area boundaries, explanation of who will be responsible for future maintenance, the nine principles of the Florida Yards and Neighborhóods Program promoting "green" practices such as native plant landscaping, water conservation, and minimization of fertilizers and pesticides, and the plan in its entirety shall be included as an exhibit to the HOA documents. . 13. Prior to issuance of any building permits or vegetation removal permits for any portion of the Rocking Horse Ranch project, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department Declaration of Master Covenants, Conditions, and Restrictions of The Rocking Horse Ranch Homeowner's Association documents. The guidelines, at a minimum, should specify restrictions on any encroachment into areas covered by the Conservation Easement, as well as restrictions on vegetation removal outside the building pad areas. At a minimum the documents shall include: a. Language which notifies prospective property owners that the association property includes open space/preserve areas which are protected under conservation easements; b. Language which informs the prospective property owners that the open space/preserve areas may not be altered from their natural! permitted condition with the exception of: exotic vegetation removal, or restoration File No,: PUD-06-014 December 5, 2006 Resolution No, 06-300 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 in accordance with the restoration plan included in the conservation easement; c. Language by which the homeowner's association accepts the responsibility for perpetual maintenance of the conservation easement and agrees to take act!or! against lot owners as necessary to enforce the conditions of the easement; and d. Notification of property owners of any mitigation/monitoring and/or financial assurances for which the association is responsible. 14. Prior to the issuance of any building permits or vegetation removal permits for any portion of the Rocking Horse Ran,ch PUD project, the developers, his successors or assigns, shall submit to the St. Lucie County Environmental Resources Department a final, recorded Conservation Easement dedicated to, or made in favor of, the County and clearly identifying the upland and wetland Preserve Area locatioh(s) and size(es). 15. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the above conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. For the purpose of this condition, "completion of the development" shall mean the issuance of the 157th Certificate of Occupancy or the Certificate of Occupancy for the 98th percentile of the final project density in the event that less than 160 units are constructed on this site. B. The property on which this Final Planned Unit Development approval is being granted is described as fOllows: THE NORTHEAST Y4 OF SECTION FOUR TOWNSHIP THIRTY-FOUR SOUTH, RANGE THIRTY-NINE EAST, LESS THE EAST THIRTY FEET OF THE NORTHEAST Y4 OF THE NORTHEAST Y4 AND LESS THE WEST SIXTEEN FEET AND ALSO, LESS THE EAST SEVENTY FEET OF THE SOUTHEAST Y4 OF THE NORTHEAST Y4; SAID LAND SITUATE IN ST. LUCIE COUNTY, FLORIDA. AS RECORDED IN OFFICIAL RECORDS BOOK 1827, PAGE 2179, ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS. (Tax ID#: 1304-111-0002-0001) (Location: Southwest corner of the intersection of Johnston Road and the Indian River County line) C. This Final Planned Unit Development approval shall expire on December 5,2008, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or a building permit has been issued. D. This Final Planned Development Site Plan approval granted under this resolution is specifically conditioned to the requirement. that the petitioner, Johnson Road Development Group, L.L.C., including any successors in interest, shall obtain all necessary development File No.: PUD-06-014 December 5, 2006 Resolution No, 06-300 Page 5 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 permits and construction authorizations from the appropriate Local, State, and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, the South Florida Water Management District, and the Ft. Pierce Farms Water Management District prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. The certificate of capacity, attached as Exhibit "B", shall be valid for the same period as this order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. F. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director. G. A copy of this resolution shall öe mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. H. The Director of Growth Management shall coordinate the issuance of further site Development Permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. I. This resolution shall be recorded in the Public Records· of St. Lucie County. The recording of this resolution does not authorize the commèncement of anyon-site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to satisfaction of the County before final site construction permits are issued. J. T~is Order shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft xxx Vice-Chairman Joseph E. Smith xxx Commissioner Paula A. Lewis xxx Commissioner Doug Coward xxx Commissioner Charles Grande xxx File No,: PUD-06-014, ' December 5, 2006 Resolution No. 06-300 Page 6 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 PASSED AND DULY ADOPTED this 5th day of December 2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney Ijs H:\WORD\RockingHorseRanch\Rocking Horse Ranch PUD-RES No 06-300,doc File No,: PUD-06-014 December 5, 2006 Resolution No, 06-300 Page 7 1 2 3 4 EXHIBIT "A" 5 6 7 . General Location Map 8 . Area Subject to Final Planned Unit 9 Development Approval 10 . Site Plan Graphics 11 12 13 14 15 16 17 18 19 File No,: PUD-06-014 December 5, 2006 Resolution No. 06-300 Page 8 I I I , I I I I ¡ I I I I I I I I ¡ ,\ / ! j /..,..\.'..( ~ V,' '. ~! 1i i ~! "Eoc. I ::J."," I C/) 0.. I I I I I , I i I I I I I ¡ I I ¡ I I 1/ i I il 'f I[ II II 'I T------------- 0 0 ~ N ~ 0 I "C a. «) 0 CO :J w ~ 0 e N z+~ ,;1!è .. a:: ø a:: (E .n \;,., ~ oð '::;\~ N c: +oJ ... 0 c: ~ ~ $ ~ .! en (J) . š: ) 0 ~ "\<. ts C E 0 ~ 0 .c a. I . ~ 0 0 «) ~ !l ""') 0 ~ (J) 0 ~ ~ > <s. 0 Co (J) ::> <II ~ 0 Q. \_aCP°(\ ..ø' ~\"¡I:.¡; \f\òv,i\ (# ~ P^lS """"lIS i i i u S Ii ~ fj 11 J III .. Ii u !1ii °l 3 peo~ UU ~ .è- § 8 ~ ~ p~ aun .6u~ p~ ISUe:) JeP81H 11 ~¡ '" N <.\1 I PI! PMUS Pt:I UO¡µø::> II'UIO ..z-o ~ u ) // ,/ // ~ ! o .., ;) -------- -------- ---------------------- I I I I i I I I I J I I I I I I I I ----------- ---~~--------------------¡ ~ue:J£ 18 ,ø# ~ Jf uno:J aaqOl/:JN'IO , A petition of Johnson Road Development Group, LLC for Final Planned Unit Development (PUD) o a:: ,'0 a:: ,« C) w '...I CD , ª 'Ø&~Æ;0 //; ~/ % 1 ..~~ co Ó Z ;i Z «0 Ua:: oz ::!:~ ¡fen a.Z u.J: o -:J RÜS-SOS-RD PUD 06-014 Legend & RZ 06-020 . ~2J Subject property N Map prepared October 25, 2006 Â. Ô;?¡'n;j~,;~., !?ruwl,f .:Mantwement Zlepart'mEnJ 'Johnson Road Development Group, LLC Zoning AG-1 o a::: 0' a::: « C) w ..J CD o ~ o a::: , z' o I- en z I o ,..., AG-1 RUSSOS RD PUD 06-014 Legend & RZ 06-020 ~ Subject property N Map prepared October 25, 2006 A x- ~uvw a,-7~~ (jro-wtli .NanO(?ement 2Jeparhlrimt · Johnson Road Development Group, LLC Land Use _ ' o 0:: o' 0:: RE ~ w ...J co o ~ RE o 0::; Z o I- en z I o :-J 'RE RUSSOS RD PUD 06-014 Legend & RZ 06-020 ~ Subject property N Map prepared October 25, 2006 A x-~~ &~~~ {irtTW~1i Manuuemen~ :OeplZrrmen~ Johnson Road'Development 'Group, LLC PUD 06-014 Legend & RZ 06-020 ~22~ Subject property It''''' ¡ ~,_,__ N ,;;mvlIi.'Müna¡¡emr"l77epartmn,t Î\ Map prepared October 25, 2006 ~ ~-\--'---~-I·-~ .::~: -'-:=.-711::;3. r :'~~~~1t_;;~.~-=;Br··,hll- ,. '~þ<:},JJf 01 Ofl~S , lJ , III ,.... ~ ,-,:··r,·· -..........n., ..'--"'.'~,;:.:!'=,' ...........""._...... ........."""'_.-.. .....'""".'"'" I .. "~"N lV1..O"'t."..."", ... 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'.~'-.'. ......'.',...,.,. 1.1. Ú 'i ~. i '¡. t. i '. ~. j ~.~':;;j. .;;!;3J!i<~·;~;¡ " ~ ;:1 i.: i ! r i : i ~~ - ~ P,:,:il 'j Hi. ¡at ,. J Ii. ! I 1.11 , ~~tU. ,,¡:~ ;"p H: !i JJ~ ~.» '. ." If I f II; h h: Ii: ,5Í!i¡t;iiimijjäiiäi ~ : 1~1 Ji~ŽI : i l ?¡. P t I I ~,. . o' ¡ .J VI ñ- ! ~Ii 15 'ir.~ ,11 " I !'II"'" li"lf~ t .: Is ;;I. ,~., ~ c·, II ~ o. "! ! diLl: " ~ E:l ,~:~ h"f t· ,,".~ Î d!'( 1111 ,II. iil. . . ... - . , . I ., .,. .. j~:". ~. , if c~. :t:< I . I. ... ~u~ Ihhl~ ,.. «.: f~· it",: I.U:. :nc . t II ~IJ ... :et_1I . ~f¡ ~f6. ~. . jll!U Îlil'·i/'¡ li'i! ¡if ~ I.J ! i ~ .:'~. s'l f ì :s~!! \ï::J!t ij~ ::í~ .5 J 1~. I.., '/ ------------ "----- J -........¡,......._.........._.... .... - .....~..- _... ..... '15 16 17 18 1 2 3 4 EXHIBIT "8" 5 6 7 . Certificate of Capacity 8 9 10 ' 11 12 13 14 F~e No:: PUD-06-014 December 5, 2006 Resolution No. 06-300 Page 9 CERTIFICATE OF CAPACITY 2300 Virginia Avenue Ft. Pierce, FL 34982 (772)-462-2822 Date: 11/27/2006 Certificate No. 2564 Ii This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the i : standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: , I 1. Type of development 160 Single-Family homes on 160 acres Number of units 160 Number of square feet 2. Property legal description & Tax ID no. 130411100020001 SW comer of Johnston Rd & Indian River CL Rocking Horse Ranch Rocking Horse Ranch 3. Approval: Building Permit 4. Subject to the following conditions for concurrency: 13 Conditions (see Resolution No. 06-300). Resolution No. 06-300 Letter Owner's name Johnson Road Dev Group LLC Address PO Box 40 Vero Beach FL 32961 6. Certificate Expiration Date 11/14/2008 ! This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development . order(s) issued for the same property, use and size as described herein. ~ø;tl:A- Growth Management Director: St Lucie County, Florida ~ Signed l~d~ Date: 11/27/2006 .dPorfW RlOiJL£ Concurrency Review by: Signed ~ .... Date: 11/27/2006 Monday, November 27,2006 Page 1 of 1 TO: FROM: DATE: SUBJECT: GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM Larry Szynkowski, Senior Planner Andrew Riddle, Planner November 20, 2006" Rocking Horse Ranch - TIR After reviewing the above referenced Transportation Impact Report, staff has determined that the report complies with Section 11.02.09(A)(4), with the following determinations: Trip Generation: Trip Distribution: Mode Choice: Trip Assignment: "Single-Family Detached" (ITE 210) Fitted Curve Equation: Ln(T) = 0.92 Ln(X) + 2.71 Rate: L~(T) = 0.92 Ln(160) + 2.71 How many trips: 1602 average trips/day; (In: 50%, 801; Out: 50%, 801) PM Peak Hour Fitted,Curve Equation: Ln(T) = 0.90 Ln(X) + 0.53 Rate: Ln(T) = 0.90 Ln(160) + 0.53 How many trips: 164 PM Peak hour of Generator; (In: 63%, 103; Out: 37%,61) , The report analyzed where the trips are going by using the existing trips producers and attractors on the transportation network..and using the St. Lucie Urban Area MPO Spring 2003 count data. Growth Rate: 2% Auto occupancy. No transit modes of travel analyzed. The report analyzed the routes and available paths for trip assignment. The following exhibit shows the Pre-clevelopment volumes, the project trips, and the post-clevelopment volumes. LOS Project LOS Pre-Development LOS Trips Post-Development LOS Johnston Road South of site 5,847 C 478 6,325 C North of site 5,847 C 1,115 6,962 C Indrio Road West of Johnston Road 11,211 C 239 11,450 C East of Johnston Road 10,482 .c 239 10,721 C November 20, 2006 Page 2 Subject: Rocking Horse Ranch Transportation Impact Report Conclusion: Condition of Approval: The transportation impact report for the proposed residential development indicates that all of the links within the impact study area. are expected to operate at an acceptable level of service. However, the intersection of Johnston Road and Indrio Road is not expected to operate at an acceptable level of service. The applicant is responsible to fund improvements to the intersection to mitigate for the traffic impacts of the development. Prior to Final PUD approval, the developer, his successors or assigns, ,shall agree to either pay $423,390 for the design, permitting, and construction costs associated with the necessary improvements to the intersection of Johnston Road and Indrio Road or construct the necessary improvements within one year. (This condition is contingent upon the Board's adoption of DVA 06-02.) _. - - - .- ------ , . . , . TRAFFIC IMPACT ANALYSIS ,. ROCKING HORSE RANCH ST.. LUCIE COUNTY, FL ~.-."" ....-. !," :. Prepared for: Brackett & Company Vero Beach, Florida 042333000 'C> ]one 2004 KilJlley-Hom andAssociaIes. Ioc. Enginemtig Business Number 696 4431 Embarcadero Drive West Palm Beach. Florida 33407 5611845-0665 TEl.. 5611863-817$ FAX ":_..~. ~.... KimJey-Hom ! ..l_,..," and Associates, Inc. .. .,:'~, ,"- .., " NOT TO SCALE ~ iiiJ ) INDIAN RIVER COUNTY --Sf :Loofè~---[ SITE ....,.., """ K 2OG4 2! .... .~ i I ----- i I ì1i I -... -- II ~ i I t ! I ST, UIC:I£ .... Flc:au:E 1 ROCIQNQ HORSE RANCH SITE LOCATION MAP ~~=-m MtØOOO ~=~ Kim/év-Horn and Associates, Inc. CAPACITY ANAL YSIS A link capacity analysis was undertaken fOI. each link considering its total; traffic volume and the roadwaylaneage to be in place in 2006. Projected 2006 total traffic conditions are shown in Tables 2 and 3 for peak season daj:ly and peak se,as0n peak hour directional conditioùs,respectively. The level of service capacity for each roadway link is deflfieQ by the capadties published in the Florida Department of Transportation's 2002 Quality/Level of Service Handbook. In accordance with St. Lucie County standaIds, roadways were evaluated using the criteria of Level of Service D for daily cOnditions, and Level of Service E for peak hour directional conditions. The level of service capacity for each roadway link is defined by the capacities published in the Florida Départment of Transportation's 2002 Level of S~rvice Høu:lbook. All roadwaysundtr the County'sjurisdiction were evaluated u sing the level of service criteria outlined in the transportation EleD)et)t of St. Luc.ie County's Comprehensive Plan Update, dated March 2002. All the roadways within the two:mile base radius are expected to meet the County's level of service standards for daily traffic through 2006. 042333000.ò604 Pa¡e 10 ul 8 1'1 ~~ .II, » II I!J ¡:- 1>1- '" .~ ~~ â ~ t~J M~ ~~ Ii ~~ ~~ . ~n~ ~~ '~j ~~ !il j!>' 8. S$ i~ -¡ ... .... IJj ~~ ~~ I~ I II ~.'~. -.... :::~ rs' ~ :t>~ 11 ~~ ~~ ~¡~! J~ hl!!6j1 ~~ I¡ ~ (þ ~i t> a ~r;m . NN Ií: == ~J ~~ a~ ¡ ;~. if' ~~ '! ! i! ¡;hi ['hi I J! !~ ~ ~J jj :¡ ~. I i ~ f j <i. !]J J r il'. j a¡!~J JrfÞ'l]~i~" -.. . ~=~ Klmley·Horn and Associates, Inc. INTERSECTION EVALUATION The intersection of Indrio Road & Johnston Road was analyzed. Peak season intersection turning movement volumes were collected by Kimley-Hom and Associates, Inc. at the intersection of ~ridrio Road & Johnston Road on March 17th 2004. Seasonal conversion factors publish~ by FDOT were applied to the count. Background growth rate was calculated by averaging the annual growth ratesoftbe approaches of the intet'$tdion. Background growth was applied to the intersection counts to estÍlnate ù1e buildout year intersection background volume. Project trips were then added to calculate the total future volumes. Summary sheets for the intersections- volume development are provided in the Appendix. The HigbwayCapacity Software was usOO to cvaluàte tbeperformance of the uD$ignalized intersectioD with the buildout year traffic volumes. Table 3 i1lustrates the Joh~stön Road & Indrio Road intersection levels of service for PM peak hour. Intersection analysis worksheet is provided in the a.ppendix to this report. Table 3 2006 PM Peak Hour Conditions for tnmo Road and Johnston Road IDtersettion (unsignalized) f;;/ é 1'1 ¡Oii UJ\ [)( !rl) (\CC) Northbound D 27.9 Southbound F 215.2 Eastbound A - Westbound A - To accommodate the traffic generated by the project, background grvwth; and population growth, signalization may be needed àt thø intersection of Indrio Road & Johnston Road. Table 4 illustra~ the expected level of service and delay time for 042333000-0604 Page 13 .,' ....,.n 1a..J_~"J Kimley·Horn and Associates, Inc. 2006 PM peak hour with signalization. Intersection analysis worksheet is provided in the appendix to this report. Table 4 2006 PM Peak Bour Conditions fòr IDdrioRoad and Johnston Road Intersec:tion (siglUlliuà) J>ìu'_ÎinJ/ 1(1\ J Iday ('I'd Northbound C 27.4 Southbound D 41.5 Eastbound C 27.4 Westbound C 26.0 Overall Intersection LOS C 2'.3 042333000.0604 Page 14 ~=~ Kim/ey-Horn and Associates, Inc. DRIVEWA Y ANAL YSIS Based on the expected distribution of traffic to and from th~ site, traffic volumes were projected for the site access. These volumes are shown in Figure 3. The Highway Capacity Software was used to evaluate the pwformance of the intersection of the site access and Johnston Road upon project buildout. The unsignali.ied intersection is expected to meet the Jevel of service standard in the p.rn. peak hour at buildout. Table 5 illustrates the·expected leveJs of service and delay times forthe driveway intersections. V olwne Development and Intersection analysis worksheét is provided in the appendix to this report. Table 5 2006 BuBdout PM Peak Hour Driveway Conditions (unsignali:;;ed) j)¡n'~ {¡{III I. (),') IJd..) (~('c) Northbound A - Southbound A - Eastbound B 12.5 We£tbound - - 042333000-0604 Pagt15 i I INDIÁN RM::R COUNTY - .' . _ _ _ _ _. --------E-LÛQE -ëo-:----·----------------------- ------------ - - , I I I I I j j I 11593 I i (U) 84~ .. ! M~V~ ~ i SITe I ~ ¡ ! I ¡ 1..._______...::..-______.__.-1 l- IS I" i~ i ! LEGEND ~ ~ J 27 AM PEAl< HOUR VOLUME Me> Pilot PEAl< HOUR VOLUME 11693 , DAfL Y TRAFf'IC VOLUME NOT TO SCALE F1CUE 3 ROQ(IfG HORSE RANCH PEAK HOUR SITE AGœê8fRAFFIC ~ =tes.1oc. CH"MOOO "\aGJ.\Øllló~~......., . ~ _ 1<0, iID4 l:Z!Ipft\.,.~_ ~II~ Kimley-Horn and Assoclatøs,lnc. CONCLUSION, .1 A ~$idential development is proposed to be located on the west side of Johnston Road south of the Indian River County line in St. Lucie County~ Florida. The traffic analysis shows that all of the links within the base ~sportation impact area are expected to operate at an acceptàble level of service in 2.006. Tbe ~tersection of Johnston Road and Indtio Road is not expected to operate at an acceptable level of service without signalization during the build out year. Hence signalization of Johnston Road and Indrlo Road may be required. The unsignalized analysis of the site access and Johnston Roa~ shows that the intersection is e~pected operate at an acceptable level of service during the buildout year. 042133000-0604 Pa~e 17 V9LQrdE DEVELOPMENT ~T INDRIOROAD 81 JOHNSTON ROAD PM PEAK HOUR ØIsorl Left 0bMIIIed œl1712OO4 0 9 42 '1 322 3 4 32T 42 Peek 8tuon F8CØ 1.00 1.00 1.00 loo 1,00 1.00 1.00 1.00 1.00 2( ()( ~ SeasQn 0 9 ~ '1 922 3 .e- m 42 GrowJI PI.Ctof 1:040 1,0;40 1.0.t0 .040 1040 .1,040 1,040 t. 4Q 1,040 1.040 1. 1.0.40 ~·Badiground·TnifIIc Ó 8 & 4C '1 157 tsO 335 3 4 340 44 Project Traffic Ii 0 0 9 0 9 1.5 0 0 0 0 " ÞortDfino~ 0 0 0 8 0 0 0 31 0 0 18 4 U1~ 0 0 0 .. 0 0 0 22 0 0 13 2 Þark 0 0 O. 0 0 0 0 0 0 0 0 ( Weat 0 0 0 3 0 0 0 12 0 0 42 10 ~TNII 0 0 0 0 0 0 0 0 0 0 1 0 PIiII x 0 0 0 ð 0 0 0 14 0 0 5 14 King L.eallndustriel 0 0 3 0 0 0 2 0 0 1.3 3 Subtotal 0 O. 0 23 0 0 0 81 0 0 92 33 Bulk:IoûtTotaJ 0 8 9 7f 7 1. 205 411 3 .. 432 9:2 ~J/J/JtN......~",...~ ~ 15:tKJ location:INDRlO RD. & JOHNSTON ST. City, Slate: W.OF tNeRIO, FLORIDA Counter: DHG Day of week: WED. KlmJey..Horn and Associates; Inc~ 4431 Embarcedero Drive West Palm Beach, FlOOm. 33407 File Name : JNDRloJOHN Site Code : 03170407 Start Date : 0311112004 Päge No : 1 Peds RIght Peds Jot. Total 1.0 1.0 1.0 0 0 255 Q 0 0 298 0 0 0 262 0 3 0 271 0 3 0 1086 0 11 0 10 76 1 0 7 a 0 0 0 8ð 36 0 W- 't;h 1 16 0 8 80 1 0 3 0 0 0 0 78 59 0 ' 283 . 'ò' 0 12 0 14 73 1 0 0 1 0 0 2 65 41 0 242 . ~; 3 10 0 13 71 0 0 0 2 0 0 2 67 37 0 231 4 49 0 45 299 3- 0 1 6 0 0 4 296 173 0 1023 Grand Total 281 12 93 o.g¡ 88 829 7 o.g¡ 14 12 0 o.g/ 7 610 356 °1 2109 Apprch % 72.8 3.1 24.1 12.2 86.9 1.0 53.8 46.2 0.0 0.7 62.7 36.6 0.0 Tolal% 13.3 0.6 4.4 0.0 4.2 29.8 0.3 0.0 0.7 0.6 0.0 o~o 0.3 28.9 16.9 0.0 7 . 42 0 200 42 327 4 0 373 9 8 0 0 17 3 322 183 0 508 1098 3.5 21. 0.0 11. 87. 1.1 0.0 52. 47. 0.0 0.0 0.6 83. 36. 0.0 0 3 7 9 1 4 0 7 42 0 200 42 327 4 0 373 9 8 0 0 17 3 322 183 0 508 1098 2 10 0 .~ 12 92 2 0 106 1 2 0 0 3 0 90 47 0 137 298 0.921 16:30 16:15 17:00 15:15 40 2 13 0 55 12 92 2 0 106 7 3 0 0 10 0 90 47 0 137 0.909 0.880 0.425 0.927 3.01.03 ZONING DISTRICTS A. AG-1 AGRICULTURAL - 1 1 . Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02{B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses a. Agricultural production - crops (01) b. Agricultural production - livestock & animal specialties (02) c. Agricultural services (07) d. Family day care homes. (999) , ' e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1 ,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting & trapping (09) g. Forestry (08) h. Kennels. (0752) i. Research Facilities,.Noncommercial (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional· Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04;00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and takeoff fields. (4581) Sl Lucie County Land Development Code Adopted AugUst 1. 1990 3-5 Revised Through 05115104 d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals (287) (2) Food & kindred products (20) (3) Lumber & wood products, except furniture (24) i. Mining and quarrying of nonmetalic minerals, except fuels. (14) j. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel & accessory stores. (56) k. Sewage disposal subject to the requirements of Section 7.10.13. (999) I. Telecommunication Towers - subject to the standards of Section 7.10.23 (999) m. Camps - sporting and recreational. (7032) a. Accessory Uses Accessory uses are subject to the requirements of Section a.ao.oo, and include the fOllowing: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) Sl lucie County Land Development Code Adof*d AugUSl1, 1990 3-6 Revised Through 05115104 7.01.00 . PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned, Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; B. allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. allow design options that encourage an environment of stable character, compatible with sur- rounding land uses; and D. permit the enhancement of neighborhoods through the preservation of natural features, the pro- vision of underground. utilities, and thè provision of recreation areas and open space. 7.01.02 AUTHORIZED USES A. PERMITTED USES Any permitted, conditional or accessory· use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation in the Agricultural-1 (AG-1); Agricultural-2.5 (AG- 2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(B). B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross ar~a of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country clubs, bicyèle paths, racquet sports facilities, riding stabtes, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common ownership or control. B. DENSITY Sl Luci. CounIy Land Development Code Adopted August " 1990 7-3 Revised Through 05115104 The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA)(8) shall govern. C. AREA, YARD, AND HEIGHT REQUIREMENTS Area, yard, and height requirements shall be determined at the "time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01 .00, Hutchinson Island - Building Height Overlay Zone shall apply. D. PUBLIC FACILITIES 1. The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems. "- 2. The minimum size of all water mains used, or intended for use. in fire protection activities is six (6") inches. Actual water main requirements will be determined by the 51. Lucie County-Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used. or intended for use, in fire protection activities, that are located on a dead~end water main is eight (8") inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water main is one (1). I 4. Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the 51. Lucie County-Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION 3. Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either directly or through an approved private road. a pedestrian way, or other area dedicated to public or private use. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage their use by through traffic. The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be impr~ved so that they will not be adversely affected. All non-residential land uses within the Planned Unit Development shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. 1. 2. 4. Sl Lucie County Land Development Code Adopted August 1, 1990 7-4 Revised Through 0SI15J04 5. Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and assoCiated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of-way widths may be considered as part of the Planned Unit Development if it is , shown to the ~atisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate ±5° angle of ninety degrees (90°) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet. (150). 8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as, measured , from centerline to centerline. 9. Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five hundred and one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from the its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead end roadway. is five hundred (500) feet or less in length, a NY· or HTH type of turn around may be approved. ' If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter, of not less than seventeen (17) feet, unless otherWise approved through the review of the Planned Unit Development. - 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exteri,or building walls, except for security gate houses or similar security structures located in a private street or road right-of-way. 11. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of , County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses, which generate a considerable amount of pedestrian tramc. sa. lucie County Land Development Code AdopI8d August 1 ; 1990 7-5 Revised Thl'Øugh 05115104 12. Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. F. PARKING AND LOADING 1.' General Provisions a. The number, type, and location of parking spaces shall be determined at the time of final Planned Unit Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.01 (F) of this Code. The number of parking spaces required by this section may'be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on- different days. 'b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) of this Code. 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by SEictions 7.06.02 and 7.06.03 of this Code, and the following standards: a. Off-street parking and loading areas, ~hall be designed to provide travelways between adjacent uses while discouraging through traffic. b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting,.or changes in grades or walls. 3. On Street Parking In Planned Unit Developments, on street parking may be used so long as the road on which the on-street parking is proposed lies entirely within the limits of the defined Planned Unit , Development and such parking would not contravene any other provision of this Code or the·St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: - a. The minimum size of a parking stall shall be as follows: parallel angled ' handicapped(parallel) handicapped(angled) 8 feet X 23 feet 1 0 feet X18 feet 12 feet X 23 feet 12 feet X 18 feet .'~ 1 b. Handicapped parking spaces shall be appropriately marked. c. Access for emergency fire vehicles shall be in accordance with NFPA standards. St. LucIt County Land Development Code ~AugusI1. 1990 7-6 Revised Through 05115104 " ' d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of 360 square feet. G. LIGHTING All lighting facilities'shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. H. LANDSCAPING AND NATURAL FEATURES 1. Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. I. OPEN SPACE STANDARDS 1. A Planned Unit Development that is proposed in any Residel1tial, Conservation, Special District or Mixed Use Future Land Use Category shall conform to the following open space standards: a A minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping a¡nd planting areas, or other areas of public purposes or use other than street, road or drainage rights-of-way, above ground utilities, excluding stormwater treatment facilities, and parking areas. A minimum of 15 percent of any existing native upland habitat on the property must be preserved in its natural condition as part of the· required 35 percent common open space. For each acre qf preserved native habitat: above the tequired minimum 15 percent that is 'preserved in its original state,-credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. - All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are' floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement, subject to the requirement that 15% of any existing native habitat on the property must be included as part of the required 35% common. open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit , Development shall provide for one of the following: Sf. LucIe County Land Development Code Adop\ed August 1. 1990 7-7 Revised Through 05115104 1 . The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development ;or, 2. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. b. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. c. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the requirements of this Code. 2. A Planned Unit Development that is proposed in any Agricultural Future Land Use Category shall conform to the following open space standards: a. For any Planned Unit Development, equal to or less than 160 acres in gross area and involving eight (8) or less lots or parcels, a minimum of 50% of the gross land area to be committed to the planned unit d~velopment must be for use as open space, of which 35% of the gross land area is to be retained as common open space. For the purpose of this paragraph, open space, in an agricultural PUD, including the required common open space, may include, parks, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common recreation areas, common open space, common landscaping and planting areas, pastures and productive agricultural areas which may be held in either common interest, individual interest, or other areas of public purpose or use other than street, road or drainage rights-of-way, common parking areas and above ground utilities, excluding stoimwater treatment facilities. For any Planned Unit Development, greater 160 acres in gross area or eight (8) divisions, a minimum of 80% of the gross land area to be committed to the planned unit development must be for use as open space, of which a minimum of 35% of the gross land area is to be retained as common open space which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swim- ming beaches, common open space, common landscaping and planting areas,or other areas of public purpose or use other than street, road or drainage rights-of-way, above ground utilities, excluding stormwater treatment facilities, and parking areas. S1. LucIe CounIy Land Development Code AdopIecI August 1. 1990 7-8 Revised Through 05115104 b. A minimum of fifty (50) percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required open space. For each acre of preserved native habitat above the required minimum 50 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining open space requirement. c. All areas to be dedicated for open space shalt be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retèntion areas may be applied to satisfy the total open space requirement, subject to the requirement that 50% of any existing native habitat on the property must be included as part of the required 80% open space. As part. of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one of the fOllowing: I 1. The advance dedication of all open space to a public, or acceptable' private, agency that will, upon acceptance, agree to maintain the open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development; or, 2. A phased conveyance of the land toa public or acceptable private agency that will, upon acceptance, agree to maintain the open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance, of any such lands to be used for open space shall be a specific condition of approval for the Planned Unit Development; or, 3. The identification of restrictive easement lor plat dedication that would serve to create a perpetual conservation or use restriction easement over those portions of the properties that are to be kept as open space meeting the requirements of this section d. No parcel of land identified for use as a open space shall be less than one (1) contiguous acre, and all such areas shall be þhysically part of the Planned Unit Development. e. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall open space requirement, provided that the open space meets the requirements of this Code. J. SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for ' agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall providèsetbacks from the agriculturallahd sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. St. lucie CounIy Land Development Code AdapIed August '. 1990 7-9 Revised Through 05115104 K. CLUSTERING OF DEVELOPMENT Planned Unit Developments in all Future Land Use Categories are required to design thé project in a clustered manner. Planned Unit Developments in the Residential, Conservation, Special District Dr Mixed Use Future Land Use Categories are required to design the project in a clustered manner that will reduce the cost of required infrastructure, provide for large intergrated common open space areas, and provide for reduced long term maintenance costs for the community. ' In the Agricultural Land Use Categories clustered development is intended to reduce the cost of required public infrastructure. L. PHASING L' A Planned Unit Development may be developed in more than one stage or phase. 2; If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each súccessive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Final Development Site Plan review process, the following sequence of development must be adhered to: ' a. One or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of building or mobile home permits, of more than forty (40) percent, or 'other percentage as determined by the Board to be appropriate based on circumstances that include the size of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi-phased development shall be completed or appropriate security posted prior to issuance of building or mobile home permits or the recording of any final plat within that phase. b. No commercial facility shall be permitted prior to the completion of at least forty (40) percent of the total number of authorized dwelling units; and, c. For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05. M. SIGNS 1. Signs within any Planned Unit Development, less than or equal to 200 acres in overall area, shall comply with theprovisions of Chapter 9 of this code, provided however, that the Board Sl Lucie County Land Development Code Adopted August 1, 1990 7-10 R!lVised Through 05115104 of County Commissioners may condition approval of a Planned Unit Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed de'(elopment, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. 2. Signs within any Planned Unit Development, greater than 200 acres in overall area may submit a general signage plan for the Planned Unit Development, as part of the Final Planned Unit Development Plan submissions. The general sign age plan shall be based on the general dimension and size standards applicable to other similarly designated residential property; provided, however, that the Board of County Commissioners may condition approval of a Planned Unit Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding .land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. sa. LucII CoIdy Unci Development Code AdOpIed August 1. 1990 ' 7 -11 Revised ThrOUÍlh 05115104 Sl LUcIe CoII1IY Land DøveIOpmenI Code . AdòpIid August 1, 1990 ..' . 7·12 'RMìëcI 'IÌIìôugh. O5IÌMM RECEIPT NO: RECEIPT NO: R:z. C! (; - ();~ t) SP NUMBER: \> ~ '() 0 <õ' (j \ LL- RESOLUTION NO: CERT. CAPACITY NO: OFFICE USE ONLY DATE FILED: REVIEW FEE: CONCURRENCY FEE: ST. LUCIE COUNTY GROWTH MANAGEMENT DEPTARMENT 2300 VIRGINIA A VENUE FORT PIERCE, FL 34982-5652 772-462-2822 APPLICATION FOR CHANGE IN ZONING TO PLANNED DEVELOPMENT (PUD, PNRD, PMUD) and CERTIFICATE OF CAPACITY DIRECTIONS Please complete the requested information and submit all items to the St. Lucie County Growth Management Department, 2300 Virginia A venue, Ft. ., Pierce, FL 34982, The proper non-refundable application fee must accompany all applications. For assistance in submitting the application, please contact the St. Lucie County Growth Management Department, Planning Division. REVIEW FEES and THRESHOLDS PRELIMINARY PLAN FINAL PLAN Required Review Fee Less than 20 acres $ 1500,00 $ 500.00 + $5,00 per acre over 50 acres 20 acres to 49 acres $ 1,800,00 50 + acres $ 2,000,00 + $ 5,00 per acre over 50 acres Concurrency Fee $200,00 $ 250,00 Minimum Size PUD 5 contiguous acres of land under common ownership or control PNRD "' In Residential Land Use 10,000 square feet minimum lot size (under common ownership or control) In Commercial Land Use 20,000 square feet minimum lot size (under common ownership or control) In Industrial Land Use 20,000 square feet minimum lot size (under common ownership or control) In Mixed Land Use 20,000 square feet minimum lot size (under common ownership or control) PMUD I acre of land per proposed land use within a Planned Mixed Use Development under common ownership or control Plat Fee ents) " (no improveme N/A $250.00 Planned Development Extension $300.00 Initial submission shall include the following: I) One (1) original of the completed site plan application. 2) Twenty (20) copies of the site plan graphics. (24 inches by 36 inches sheets) 3) Twenty (20) copies of the landscape plan.- 4) Twenty (20) copies of the required boundary and topographic survey, 5) Five (5) copies of the Trnnsportation Impact Report (if applicable), 6) Five (5) copies of the Environmental Impact Report (if applicable), 7) FIve (5) copies of the Preliminary Drainage Data, 8) Two (2) copies of Aerial. 9) One (I) copy of the St. Lucie County Property Appraiser Tax Map (Scale I :200) with property under petition highlighted APR 06 2006 ~."..~ I' PROJECT INFORMATION -"OCATlON/SITE ADDRESS Jje.~r 6it>G ~Þ-u..v~"D'1() ~4-b A'r IAl~ I 44) l:z.V êk.... L..øcJ 4J T ....; L'4/ ~ PUD/PNRD/PMUD NAME eo £.. \!...~ "", "'" UÞ~~6' }z:. Ã.\,) ~ 104- PROPERTY TAX ID # l"3ð4 -111-0(DOZ ~ðCS C? --I , LEGAL DESCRIPTION (attach extra beG An- ~H- t+t::: ~ , sbeets if necessary) , SECTION I 4, TOWNSHIP ~4~ RANGE ~q ç PARCEL SIZE I' - ..-. t\CRES JtoÐt~ SQUARE FOOT 1Z7D' 'í~ ZONING DISTRICT 44·-1 LAND USE CLASSIFICATION DESCRIPTION OF PROJECT I~O VA) II ~s,~It>Gvr /4L- l::::>S/J e J-Olt-Nl'~" " TYPE OF CONSTRUCTION (Cbeck ~ RESIDENTIAL .IT rUDER OF RESIDENTIAL I tot) all appropriate boxes) ;' UNITS/SUBDIVIDED LOTS [ ] COMMERCIAL TOTAL SQUARE FOOTAGE , [ ] INDUSTRIAL TOTAL SQUARE FOOTAGE [ ] OTHER (PLEASE SPECIFY) NUMBER AND SIZE OF IoUTPARCELS (IF APPLICABLE) . DESCRIBE THE REASON FOR ~¿,o I be ltoo Yz- 4L- /111.1)' L¿ol~ {".'I "tb ~HE REQUESTED CHANGE IN WNING IS THE PROPOSED REZONING IN CONFLICT WITH ANY PORTION OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE OR THE ST. LUCIE COUNTY COMPREHENSIVE PLAN? 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, if necessary, to justify your request. 1,) Describe the reason for the requested change in zoning: .t '( ('> ,) , '\, J (",I \ I A,,'> P {')I : ",'Ì ì', V r ".,..-. 1.... ,'! /1 J \ ",'," ~...r .. ¡ () , 1"''\ \ rJO? (d 0\ CO!) flty~o y'{'l Yì\ \ "í N( A - ."'. . J ]1 If /'] , " : :)Y1~ '(5 - (,'f1{), \ ,)\ (I,v1 . . :) h if': "'i.:! .¡ " '/.;J ")t'" 1/" J )/1 2.) Is the proposed rezoning in conflict with any portion of the St. Lucie County Land Development Code or the St. Luice County Comprehensive Plan? JJ/~ -" (.>{ '~~ )0, I,¡ I)P (b \J P , , :(1 f 1(·1 'j ò\..) C t ~:)'- r -~''''i )1' 3.) How is the proposed change in zoning compatible with the existing uses in the area? ,~ . fJ)A _er(\J'DL\SI~ f)¡JP('()\j(ìd -ft.:,,:) {d 0.\ \, ' :! /\+ '4 ì 1,,/ \0 (\r, /' j' ,""'" ç:, ¡ )({ t I t J l"", i"f' i ,~ (', ," ('! ; "'. ,) o (\(.¡ CDIV'IIV\ i 'S <::,Î ör1("¡, -;. - r~ ¡ \ n I 4.) How is the proposed change in zoning compatible with the Land Use designation on this property? '"';\ N J A ..~..~.~ I ~'\¡ : ~{()ï ci. I \' ,..... ~,'......";> .,.../1,.1 ¡·,-'I.: ; ',. ¡. I '" V, " , \).vi (\ ~ ~V'(';' ',J) l'rt> ~ '"i, t'· i,"\ ..; ....-. ~.; i i '. \ .. r nc. ¡ P ¡ () ¡ (1 vI (.J '~Y "'1 (1 5.) What conditions have changed in the immediate area that warrants consid~ration of this change in zoning? tv I A _-?(P\.ì\b\A S,í \1\ \)ì)I'DV,etL V~rv-~ 11';""\ ,;). r\. ¡\ \ A, Vì, '-'\.A,',I\..,"'\ .~ \.. Vv I PI ~ nv, in] r\ '::.> , ; ,.)n (" r ¡ ¡. .t, ''''7)1''''\'' ,",.0,. c>....// " . ,.." ,", J \ I f"¡r:':! i ! Ot'<t~ (l ¡ 6.) What are the anticipated impacts of the proposed rezoning on the existing and future public facilities in this area? N , A 1 0 ~ \ÙlAS \ ~ ~Da ~C\ 0+ \y\¡ -f 10 n ¡\ I '¡ rJPI '))\/ p d /) r' , t .)t! i \'1 ;)1\(»" ~nA .. ..-. /..1 (l" \L' c,) r" : rl. C\ j ,- . ..-;1 , h nO ¡ \/ ¡ Ct +- s lA V:/t ti (J, \ 7.) What are the anticipated environmental impacts of the proposed rezoning? If no adverse impacts are anticipated, please explain why? IV I A- ':-YCf\I\OU S \ t( r-B DCI (cl +: n i)pn)'f~ Ó \)\¡ /i #,"¡ ,) , 1 /" ,\¡"'\ ..,.~, _.~. f ~ ond (f (nA ~ if \,; C t N\M I 'S~) 1 Dn~\ "':.,' - Ft {l(1 J Plo-\- :)LÛ)1l 1; +-10 l 8,) Will the proposed rezoning result in an orderly and 10gical development pattern? Please explain. _~_~ .. .. .... ... ''...'''' ....."... ". ...."...." .,... ...... ". .... ",,_ _ ... ..""" ....... " __"..... ........ .... .., ... . "__" ".""".' '. '..".' .. ,·u__.·_",,",,·_·..·.·...·.·._.·_"'" I A ~f(P\J'\ ò,~, N' .. bOG V (~ " I \ """{' \~t, ' t- y) J . c)'i OJ {'\ i \ { ,-'" f"""¡ r (". ; r ..ou n i \( t¡ lY\ \{\\., ::.\ 1 ~ n ( 1 S ø of r "'~ C' ¡\,"I' , j ,/ t, "'\ ~; \):,/) lV' \ '1 (( i r f) ST. LUCIE COUNTY APPLICA TION FOR PLANNED DEVELOPMENT CHECKLIST Have you shown or ¡>rovided the following required information: BOUNDARY & TOPOGRAPHIC INFORMATION: (Refer to Section hI .02.09(A)(2), St. Lucie County Land Development Code) Yes No Aerial Photograph (subject property highlighted)' X Location Sketch X Boundary/Topographic Survey '/ /, Positive Outfall 'f Floodplain "'- Drainage Basin Boundaries X Preliminary, SFWMD Pennit Data X (OYl Reroy'd\ '- SITE PLAN INFORMAT!ON: . (Refer to Section 11.02.09(A)(3), St. Lucie County Land Development Code) Yes No Yes No Location, Dimension, and Setbacks for all ^ Parking & Loading Areas V buildings \ Identification of maximum buildable area under X- Water/Wastewater Facilities X revIew Identification of all easements X Identification of alllliainage Facilities 'A Identification of adjacent driveways '¡, Location of all streets X Location of all open spaces I, Landscaping Plan X Lighting Plan X Phasing Plan X Transportation Impact Report X Environmental Imp~ct Report X Vegetation Removal Plan X Sea Turtle Protection Plan X If you answered ill! to any of the above questions, please explain in the space below: j )(1·1" r '" t_·r f't" \". ) , (".Tt\·')¥i SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does nót constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority, St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer) Agent Information Name: Johnson Road Development Group, LLC Address: 1974 14th Avenue Vero Beach, Florida 32960 Name: Schulke Bittle & Stoddard, LLC Address: 1717 Indian River Boulevard, Suite 201 Vero Beach, Florida 32960 Phone: 772-567-9255 Fax: 772-567-9253 Phone: 772-770-9622 Fax: 772-772-9496 Property Owner Information This application will not be considered complete without the notarized signature of all orooertv owners of record, which shall serve as an aCknOWledgm~., ,t. ~' the submission of this application for site plan approval. The property owner's signature below shall also serve as authorization for the abovA). or agent to act on behalf of said property owner. . !! - Mark Brackett, Manager i Property Owner Signature Property Owner Name (Please Print) 1974 14th Avenue Mailing Address: Vera Beach, Florida 32960 Phone: 772-567-9255 STATE OF FLQBIDi) '. .' COUNTY OF ~{\ä ~ (; /1.(2.\ I/i'..' The foregoing instrument was acknowledged before me this ~ OFFICE USE ONLY Project Reviewer: day of \A-,vr. I ,20~, by ytatiL í"("tt(/4' ff DRC Review: who is.2,ersonally known to me or who has produced Approval Date: Comments: l0t V,- .¿ ..¡..... F ffl m,' It; 1-. Type or Print Name of Notary Notary Public Title 00 n /q(¿Ò Com~lission Number (Seal) ~..".., a\. Lauren F HaMilton . ~ . My Commission 00171960 '\;~,.,di Expires February 07 2007 \" . AGENDA REOUEST ITEM NO. S.H Date: December 5, 2006 Regular [ ] Public Hearing [ X ] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 06-021 - Amending Chapter 1-13.8 (Noise Control) BACKGROUND: See C.A. No. 06-1947 PREVIOUS ACTION: On October 17,2006, the Board of County Commissioners held the first public hearing on proposed Ordinance No. 06-021. FUNDS A V AIL. (State type & No. of transaction or N/ A): N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Ordinance No. 06-021 as drafted. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [J DENIED [ ] OTHER: Approved 5-0 County Administrator County Attorney: )r' Coordination/Siena tures 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: 06-1947 DATE: November 28,2006 SUBJECT: Ordinance No. 06-021 - Amending the Noise Ordinance BACKGROUND: In response to resident complaints regarding the effectiveness of the County's noise ordinance, the Board of County Commissioners directed staff to retain the services of a noise consultant to review the ordinance and make recommendations for any revisions necessary. Accordingly, the County entered into an agreement with Daniel Hess, Ph.D., a professor of mechanical engineering at the University of South Florida specializing in acoustics. Dr. Hess has assisted a number of other Florida jurisdictions in drafting noise ordinances as well as conducting training for those charged with their enforcement. Based upon his review of the County's existing ordinance as well as the results of noise readings taken in various locations throughout the County, Dr. Hess has recommended changes to the ordinance which have been incorporated into draft Ordinance No. 06-021, a copy of which is attached to this memorandum. The proposed amendments are intended to more accurately measure the noise in the community by adjusting the level and type of measurement required to determine whether a violation has occurred. On September 21, 2006, the Local Planning Agency held a public hearing on the proposed ordinance and voted 7-0 to recommend approval of the ordinance with several revisions which have been incorporated into the ordinance. These revisions include a further reduction in the hours during which noise from permitted construction activity is exempt from the ordinance and the inclusion of noise limits for mixed residential/commercial buildings. A copy of the minutes from that public hearing is attached to this memorandum. During the public hearing before the LP A, several of the citizens in attendance asked if staff would conduct a demonstration of the proposed new limits so they would better be able to understand what is being proposed. Staff is in the process of arranging the demonstration and it should be completed prior to the second public hearing before the Board on December 5, 2006. In addition, Dr. Hess was asked to compare the proposed limits to the those in effect under the 1988 ordinance. He has done so and determined the limits proposed under Ordinance No. 06- 021 are significantly lower than what was approved in 1988. On October 16, 2006, the Board held its first public hearing on the proposed ordinance. A copy of the minutes from the public hearing is attached for your reference. Based upon the comments of the Board during the public hearing, Section 1-13.8-19(1)(k), has been revised to exempt lawn maintenance activities from sundown to sumise rather than 8:00 a.m. to 8:00 a.m. 1 as previously proposed. As noted in the minutes, the Board other main point of discussion involved the hours of operation for construction activities. Although the Board did not give specific direction to staff during the public hearing, Section 1-13 .8-19(1 )(n) has been revised to provide that the limitations shall apply only to construction activities permitted after December 5, 2006. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners adopt proposed Ordinance No. 06-021 as drafted. Respectfully submitted, '~~ Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Assistant County Administrator Wazny Growth Management Director Code Compliance Manager Deputy Clerk 2 It was moved by Com. Smith, seconded by Com. Craft, to continue this issue on November 14, 2006 at 6:00 p.m. or as soon there after as it may be heard and provide all issues, items and answers as requested by the Board members, and; upon roll call, motion carried unanimously. 5.D COUNTY AITORNEY (2:19:02) Ordinance No. 06-021 - Amending Chapter 1-13.8 (Noise Control) No action required at this time. The second public hearing will be held on November 14, 2006 at 6:00 p.m. or as soon thereafter as it may be heard if Dr. Hess' schedule pennits otherwise it will be scheduled for December 5, 2006. Dr. Dan Hess, Professor at the University of Florida, made a presentation on the changes to the noise ordinance, i.e., the main sound level limits and the sound level limits for multi-family dwelling. Mr. Chris Humphreys, Sandalwood Estates resident, addressed the Board and asked they vote on this issue prior to a new Board members being sworn in, Mr. Dennis Bunt, Code Enforcement Supervisor addressed the Board and stated he fully endorses the changes and has a good comfort level with the proposal made by Dr. Hess. Com. Hutchinson questioned the lawn maintenance hours specified Sam-Spm and questioned how they came about those hours. Her question dealt with daylight savings time and weekend hours. The Asst. County Attorney stated the hours were based on looking at the number of other ordinances and the hours they had, it is a policy decision for the Board to make. Com, Craft asked if it would not be better to stipulate from sun up to sun down. Com. Hutchinson stated she would have a better comfort level with those hours. Com. Coward stated ultimately staff would not be out in the early morning hours to enforce the hours. Com. Smith stated he would be amenable from dawn to dusk. Com. Hutchinson also questioned the construction industry hours. She stated there are many contractors working on the weekends and she has had calls regarding this issue and reminded everyone that due to Florida weather there are many employees who work on the weekends to make ends meet or make up for a day lost. Com. Lewis stated she was uncomfortable in leaving this wide open and felt this was something that needed more discussion. Com. Hutchinson questioned the companies who already had set hours and if they would be grandfathered in. The Asst. County Attorney stated they could make the ordinance time limits to activities pennitted after the effective date of the ordinance. Com. Coward did not agree with the sun up to sun down times and felt they should have a minimum standard for a residential area. Com. Craft stated this is not limiting construction companies from working on things that do not make noise, only limiting what would makes noise in the early morning hours. No action required at this time. 8 ORDINANCE NO. 06-021 AN ORDINANCE AMENDING THE CHAPTER 1-13.8, NOISE CONTROL, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY AMENDING SECTION 1-13.8-1 (PURPOSE) TO CLARIFY THE PURPOSE OF CHAPTER 1-13.8; AMENDING SECTION 1-13.8-16 (TERMINOLOGY, STANDARDS, AND DEFINITIONS) TO IDENTIFY LEGAL HOLIDAYS; AMENDING SECTION 1-13.8-18 BY AMENDING THE SECTION HEADING FROM "MAXIMUM PERMISSIBLE SOUND LEVELS AND VIBRATION LEVELS BY USE DISTRICT" TO "SOUND LEVEL LIMITATIONS", FURTHER AMENDING SECTION 1-13.8-18 BY REVISING TABLE 1, "OCTAVE BAND NOISE LIMITS IN TERMS OF UN-WEIGHTED DECIBELS AND EQUIVALENT A-WEIGHTED DBA LEVELS" TO "SOUND LEVEL LIMITS BY RECEIVING PROPERTY" AND DELETING TABLE 2, "APPLICABLE VIBRATION LIMITS RESIDENTIAL TO RESIDENTIAL USE DISTRICT", AND TABLE 3, "APPLICABLE VIBRATION LIMITS, COMMERCIAL TO RESIDENITAL AND INDUSTRIAL TO RESIDENTIAL", AMENDING SECTION 1-13.8-19 (EXEMPTIONS) TO CLARIFY HOURS FOR LANDSCAPING AND CONSTRUCTIONS ACTIVITIES; AMENDING SECTION 1-13.8-21 (PENALTIES) TO CLARIFY THAT EACH VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE; 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. On February 2, 1988, this Board adopted Ordinance No. 88-20 which created Chapter 113.8, Noise Control, of the St. Lucie County Code of Ordinances and Complied Laws; and, 2. On September 17, 2002, this Board adopted Ordinance No. 02-16 which provided for sound measurement based upon octave bands rather than decibel levels and established maximum permissible vibration levels for the unincorporated areas of the County; and, 3. On January 7, 2003, this Board adopted Ordinance No. 03-0 which provided for certain use and activities to be exempt from the noise level regulations set forth in Chapter 1-13.8; and, 4. On January 17, 2003, this Board adopted Ordinance No. 03-35 which amended Chapter 1-13.8 to correct a scriveners error in the definition of "Night" in Section 1-13.8-19; and, 6tF'''IeI( tRP8i: §jR passages are deleted, Underlined passages are added, 1 5. This Board has determined it is necessary to further amend Chapter 1-13.8 to more accurately reflect the noise conditions in the County and methods of measuring such noise for the benefit of the residents of the unincorporated areas of the County. 6, On October 17, 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 October X, 2006. 7. On December 5, 2006, 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 November X, 2006. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-1 (PURPOSE) AS FOLLOWS: Section 1-13.8-1. Purpose. It shall be unla'.vful for any person to make, continue, or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the unincorporated areas of the county. Failure to comply with this chapter shall constitute a violation of this Code. (1) Excessive. unnecessary or unusuallv loud noise is a detriment to the public health. comfort. convenience. safety. welfare and prosperity of county residents. (2) It is in the public interest that the requlations contained in this chapter be adopted as public policv to promote the public health. comfort. safety. welfare and repose of the county and its inhabitants. PART B. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-16 (TERMINOLOGY, STANDARDS AND DEFINITIONS) AS FOLLOWS: Section 1-13.8-16. Terminology, standards, and definitions. (a) /\11 technical acoustical terminology and standards used in this article which are not defined below shall be read or constructed in conformation '.,>'ith the American National Standards Institute, Inc. ("ANSI") public3tion entitled "Acoustical Terminology", designated as ANSI S1 11960, or its successor publications. For the purposes of this chapter, the following definitions shall apply: Stp¡,¡d\ tRPe¡,¡gR passages are deleted. Underlined passages are added, 2 A-Weiqhtina is the electronic filterinq in sound level meters that models human hearinq frequency sensitivity. IImbiant noisa is the 311 encomp3ssing noise 3ssoci3ted with 3 given environment, being usu311y 3 composite of sounds from m3ny sources, near, and far, independent of 3ny single, identifi3ble noise source. Backqround sound level is the total sound pressure level in the area of interest excludinq the noise source of interest. Ba! is 3 unit of level '.",hen b3se of log3rithm is ten (10). Use of the Bel is restricted to level of qU3ntities proportion3! to pOIJ.'€r. Boat is every description of 'J.'3tercr3ft, barge and 3irb03t used or c3p3ble of being used 3S a me3ns of tr3nsportation on 'N3ter, mode of h3bit3tion or 3 pl3ce of business or prof-essional or soci31 3ssociation on the water of the unincorporated 3reas of St. Lucie County including, but not limited to: (1) Foreign 3nd domestic w3tercr3ft engaged in commerce: (2) P3ssenger or other c3rgo c3rrying v.'3tercr3ft; (3) Priv3tely owned recreation3! '/.'3tercr3ft; ('1) Airbo3ts and seapl3nes; (5) Housebo3ts or other flo3ting homes. Commercial /JrofJertv is any property zoned for commercial purposes that is used primarily for the sale of merchandise or qoods, or for the performance of service. or for office or clerical work. Construction is any site preparation. assembly. erection. repair. alteration or similar action, or demolition of buildinqs or structures. Decibel (dB) is 3 unit for me3suring the volume of 3 sound, equ31 to w.enty (20) times the log3rithm to the base ten (10) of the r3tio of the pressure of the sound me3sured to the reference pressure, v.'hich is w.'€nty (20) micropasc31s (tv.'enty (20) micronewtons) per squ3re meter the unit of measurement for sound pressure level at a specified location. dBA is the A-weiqhted unit of sound pressure level. Discreta ton 0 is the condition of 3 noise source in which sh3rp, piercing or hum like steady tones occur in the oct3ve noise spectrum. Downwind gradiont is within plus or minus forty fi'.'e ('15) degrees of the wind direction connecting the center of the noise source and the center of the recei'.'ed, with the wind b!ov:ing from source to receiver. The wind speed is given as up to eleven (11) mph (5 m!sec). Emeraencv is any occurrence or set of circumstances involvinq actual or imminent physical trauma or property damaqe that demands immediate action. 5tpI; el( thpSI:I§A passages are deleted. Underlined passages are added, 3 Emergency work is work m::1de necess::1I)' to rostore property to ::1 S::1fe condition follolJ.'ing ::1 public c::1l::1mity or 'Nork required to protect persons or property from ::1n imminent exposure to d::1nger any work or action performed for the purpose of preventinQ or alleviatinQ the physical trauma or property damaQe threatened or caused by an emerQency or deliverinq essential services. Froquoncy of::1 function periodic in time is the reciproc::11 of the primitive period. The unit is the cycle per unit time ::1nd must be specified. Impulsive sound is a sound havinq a duration of less than 1 s with an abrupt onset and rapid decay. Industrial property is any property that is used primarily for manufacturinQ or processinQ. Ldn le~fo! is the twenty four (21) Leq level in ::1n environment::11 in which ::111 the ::1mbient sound ::1nd other noises ::1t night (defined ::1S 10:00 p.m. to 7:00 :i,m.) :ire ::1dded up ::1S ten (10) dB(/\) ::1bo'Je ::1ctu::11 noise le';el. Leoal holiday includes the followinQ: New Years Day. Martin Luther KinQ Jr. Day. Memorial Day. Independence Day. Labor Day. Veterans Day. ThanksQivinQ Day. Christmas Eve and Christmas Day. Loq kwol is the level of the time v.-eighted, mean squ::1re, A weighted sound pressure,. St::1tion::1ry noise sources :ire me::1sured, in terms of oct:ive b::1nd Leq, for:i minimum of ten (10) minutes of oper::1tion. The b::1ckground sound level measured for::1 minimum offive (5) minutes with the source off, must be subtr::1cted from the Leq level in e::1ch of the nine (9) octave frequency b::1nds. Mixed use buildinq is a buildinQ in which both residential and commercial uses are permitted. Muff/eris a sound-dissipative device or system for attenuatinQ the sound of escapinQ Qases of an intemal combustion enQine. Multi-Family dwellinq is any buildinQ or other shelter that has been divided into separate units to house more than one family. Noise is any sound that annoys or disturbs humans or causes or tends to cause an adverse psycholoQical or physioloqical effect on humans or that would unreasonably interfere with the enjoyment of life or prapery. Octave band is all of the components in a sound spectrum whose frequencies are separated by an octave, Person is any person, person's firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. StrI,Jg \ thrsI,Jgh passages are deleted, Underlined passages are added, 4 Real property line is the line. includino its vertical extension that separates one parcel of real property from another. Residential property is any property on which people live and sleep, Sound leve/ meter (SLM) is an instrument including 3 microphone, 3n 3mplifier, 3n output meter and frequency weighting net'Norks for the me3surement of noie>e 3nd e>ound le'lels in 3 specified m3nner used to measure sound pressure levels conformino to Type 1 or Type 2 standards as specified in the ANSI Standard S 1.4-1983 or the latest version thereof. Sound pressure leve/ (SPU in decibels of sound is twenty (20) times the log3rithm to the bae>e ten (10) of the r3tio of the pressure of thie> sound to tho reference pressure, which reference pressure must be explicitly st3ted is 20 multiplied by the looarithm. to the base of 10, of the measured sound pressure divided by the sound pressure associated with the threshold of human hearino. in units of decibels. Weekday is any day. Monday throuoh Friday, that is not a leoal holiday. PART C. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-18 (MAXIMUM PERMISSIBLE SOUND LEVELS AND VIBRATION LEVELS BY USE DISTRICT) AS FOLLOWS: Section 1-13.8-18. Maximum permissible sound levels and vibration levels by use district Sound level limitations. (1) It sh311 be unlawful to project 3 sound or noie>e from one property into :mother property within the bound3f)' of the use district which exceeds either the limiting noise spectr3 E>et froth in Table 1 below or exceeds the 3mbient noise level by mora th3n three (3) decibels for 3ny minimum p3rt of a me3surement period 'A'hich me3surement period Sh311 not be less th3n sixty (60) seconds when me3sured 3S specified under the noise enforcement pr3ctices 3S :::Idopted by the b03rd of county commissioners by resolution. (3) Sound or noise projecting from one (1) use district into :::Inother use district 'Nith 3 different noise level limit sh:::lll not exceed the limits of the district into which the noise is projected. For the purpose of this section, "d3Y" Sh311 be considered to be from 7:00 3.m. to 10:00 p.m., :::Ind "night" Sh311 be considered to be from 10:01 p.m. to 6:59 3.m. (b) Unless provided other.vise, such sound th3t tests in excess of 3ny such sound 3ff.ected site specific 3pplic3ble result:::lntv:::Iluo, 3fter3pplying 311 site specific impulse sound 3nd/or pure one (char:::lcter of sound) 3djustments, sh311 be a violation of this 3rticle. (c) Correctione: for ch3r3cter of sound: Stp¡,¡sl\ tllpel:l~ :¡ passages are deleted, Underlined passages are added. 5 1. Ste3dy pure tone. For each sound th3t is 3 ste3dy pure tone, the 3pplic3ble m3ximum sound level limits set forth in T3ble 1 shall be reduced by five (5) decibels 3t sound 3ffected sites/units in residenti31 use districts. 2. Non repetitive impulsive sound. For 3ny non repetitive sound (up to five (5) impulses in an hour), the m3ximum sound level limits set forth in T3ble 1 Sh311 be incre3sed by ten decibels from 7:00 3.m. to 10:00 ~ TABLE 1 OCT.!'.VE BAND NOISE LIMITS IN TERMS OF UN 'I'!EIGHTED DECIBELS AND EQUIVALENT A 'NEIGHTED DB.!'. LEVELS Residenti31/Residenti31 Commerci311 Residenti31 In dustrbl/Residenti31 Oct3ve 83nd D3Y Night D3Y Night D3Y Night Center Frequency (Hertz) 31,5 5759 5251 61 59 61 59 63 5759 5251 61 59 61 59 125 5156 1951 61 56 61 56 250 5052 1517 57 52 57 52 500 1618 11 13 53 18 53 18 1000 1113 3638 18 13 18 13 2000 3739 3231 14 39 11 39 1000 3136 2931 11 36 41 36 8000 3032 2527 37 32 37 32 d8A 1850 1315 55 50 55 50 (2) It is a viobtion of this 3rticle to oper3te, permit, of suffer operation or use of 3ny industri31, m3nuf3cturing 3nd/or commercial device, bcility, operation, or process th3t C3uses 3ny vibr3tions which exceed the 3pplic3ble dispI3cement(s) in inches specified in T3bles 2 and 3 belm,>" 3t the property bound3ry of, or 'J.'ithin, 3ny vibr3tion 3ffected site or unit in 3 residenti31 use district. Steady at3te vibr3tions are continuous or occur in discrete pulses more frequently than 100 impulses per minute. Discrete pulses th3t do not exceed 100 impulses per minute must not C3use dispbcement in excess of h\'ice the 3pplic3ble value(s) in T3bles 2 or 3. Imp3ct vibr3tions occur in discrete pulses which are sep3r3ted by 3 time interv31 of 3t le3st one minute 3nd ',Vhich occur no more th3n eight times in 3ny 21 hour period. These vibr3tions regubtions do not 3pply to acti':ities conducted pursu3nt to, and to the extent 3uthorized by, bl3sting permits issued by the board or 3ny other government31 entity th3t is 3uthorized to issue such permits. Stpl:lcll H,\pel:l~R passages are deleted. Underlined passages are added, 6 TABLE 2 APPLICABLE '18RATION LIMITS RESIDENTIAL TO RESIDENTIAL USE DISTRICT Frequency Permitted Level Rate of Vibrational Strokes Greater than 100/Min Less than 100!Min 10 HZ 1 0 19Hz 20 29 Hz 30 39 Hz 40 49 Hz 50 and Over Less than .0004 .0002 .0001 .0001 .0001 .0001 .0008 .0004 .0002 .0002 .0002 .0002 Tf\.8lE 3 APPLlCA8LE VIBRATION LIMITS COMMERCIAL TO RESIDENTIAL AND INDUSTRIAL TO RESIDENTIAL Permitted Level Rate of Vibrational Strokes Frequency Greater th::m 100/Min Less than 100!Min 10 HZ 1 0 19Hz 20 29 Hz 30 39 Hz 40 19 Hz 50 :md Over Legs than .0004 .0002 .0001 .0001 .0001 .0001 .0008 .0004 .0002 .0002 .0002 .0002 (a) The following stand::udg shall be used, as applicable, to measule vibr::1tions: ISO- 2631 (Mechanical vibrations and shock B Evalu::1tion of human exposure to 'I.'hole body vibration); ,A.NSI S2,2 1959 (R1990) (Calibration of shock and vibration pickups); ANSI S2.61 1989 (AS.^. 78) (Mechanic::11 mounting of accelerometers); ANSI S24.21 1957 (R1 989) Characteristics of shock and vibration meagurements ). StpI,Jeh t1'lP81d!j1'l passages are deleted, Underlined passages are added, 7 (b) ^ three component me3suring system shall be used to me3sure vibr3tions. The testing system Sh311 me3sure e3rth borne vibr3tions in three directions, e3ch of'Nhich occurs 3t right 3ngles to the other two. No person shall cause, suffer, allow, or permit the operation of any sound source in such a manner as to create a sound level that exceeds the sound level limits set forth in Table 1 when measured at the real property line of the nearest receivinq property, or within the residential use portion of a mixed use buildinq. usinq the slow response settinq unless otherwise noted. Such a sound source would constitute a noise disturbance. TABLE I SOUND LEVEL LIMITS BY RECEIVING PROPERTY Time Sound Level Limit dBA 7 am - 10 pm 60 10m -7 am 55 Commercial At all times 65 Industrial At all times 70 (1) If the noise is an impulsive sound, the fast response settinq that shall be used and the daytime (7a.m. -10 p,m.) limits of Table 1 shall be increased bv 10 dBA. (2) (3) PART D. In a multi-familv dwellinq, it shall be unlawful to create or permit to be created any noise that exceeds the daytime (7 a.m. -10 p.m.) limit of 50 dBA and the niqhttime (10 p.m. - 7 a.m.) limit of 40 dBA as measured from a neiqhbor's dwellinq. In a mixed use buildinq, it shall be unlawful to create or permit to be created any noise that exceed the daytime (7 a.m. - 10 p.m.) limit of 55 dBA and the niqhttime (10 p.m, -7 a.m.) limit of45 dBA as measured within the residential use portion of the buildinq. (4) In addition to the limits of Table 1. for any sound source which impacts residential property. the maximum allowable sound level limits for the individual octave bands whose centers are 31.5.63 and 125 Hertz shall not exceed 65 dB. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-19 (EXEMPTIONS) AS FOLLOWS: Section 1-13.8-19. Exemptions. (1) The fOllowing uses and activities shall be exempt from noise 3nd 'ibr3tion level regulations: (a) Noise 3nd vibr3tion of safety signals, warning devices, and emergency pressure relief valves. (b) Noise 3nd vibr3tion resulting from any authorized emergency vehicles, when responding to an emergency call or acting in time of emergency. Stf'l:Iel( tRf'e\, ~ q passages are deleted, Underlined passages are added, 8 (c) Noise ::md vibr:Jtion resulting from emergency work as defined in 1-13.8-16. (d) Noise :Jnd vibr:Jtion resulting from the operation of any type of aircraft, not including scale model aircraft. (e) Noise :Jnd vibr:Jtion resulting from the operation of any motor vehicle as specified in Chapter 316 and Chapter 403, Florida Statutes. (f) Noise :Jnd vibr:Jtion resulting from the operation of the following facilities existing and in operation on the effective date of this chapter: 1. Electricity regulating substations. 2. Electric generation plants. 3. Other electric utilities. 4. Gas pressure control stations. 5. Gas production plants. 6. Natural or manufactured gas storage and distribution points. 7. Other gas utilities. 8, Pipeline pressure control stations. 9. Railroad, rapid rail transit, and street railway transportation. 10. Industrial wastewater disposal. 11. Sewage disposal. 12. Sewage pressure control stations. 13. Sewage treatment plants. 14. Sewage sludge drying beds. 15. Water utilities and irrigation. 16. Solid waste disposal. (g) Noise :Jnd vibr:Jtion resulting from agricultural activities in districts zoned AG- 1 (Agricultural-1), AG-2.5 (Agricultural-2.5), AG-5 (Agricultural-5), and AR-1 (Agricultural, Residential-1) under Section 3.01.03 of the St. Lucie County Land Development Code. (h) Noise :Jnd vibr:Jtion resulting from the operation of the engine of any boat on the waters of the unincorporated areas of the county. (I) Noise :Jnd vibr:Jtion resulting from any authorized law enforcement and firefighting training activities including, but not limited to, sheriff department shooting range activities. U) Noise and vibr:Jtion resulting from the activities of any permitted use, conditional use or accessory use permitted in districts zoned industrial, light under section 3.3.114, St. Lucie County Zoning Ordinance, industrial, heavy (IH) under section 3.3.115, St. Lucie County Zoning Ordinance, and industrial, extraction (IX) under section 3.3.116, St. Lucie County Zoning Ordinance, existing and in operation on the effective date of this chapter. (k) Noise :Jnd vibr:Jtion resulting from the temporary operation of equipment or activities relating to normal lawn and/or landscape maintenance of residential or commercial uses, bot-....eon the houm of 7:00 :J.m. :Jnd 10:00 p.m. from sunrise to sunset including, but not limited to, the following activities: lawn mowing, maintenance of trees, hedges, and gardens, refuse collection; soil cultivation; and pavement sweeping and cleaning. (I) Noise :Jnd vibr:Jtion resulting from the operation of any mining activities under Strl:lell tRrSI:I!!R passages are deleted, Underlined passages are added, 9 Ar(t a permit issued pursuant to Ch ter 1-12.5 of this Code. The hours of operation shall be limited to the ours set forth in the permit. (m) Noise and vibration resulting fro the operation of railways and shipping activities. (n) Noise and vibration resulting fro permitted construction activities occurring between 7:00 a.m. and sundo n pursuant to permits issued prior to December 6.2006 and between :00 p.m. on weekdays and 8:00 a.m. and 5:00 p.m. on Saturday for permitted construction activities pursuant to permits issued on or after December 6. 2006. The exemption shall be effective upon obtaining a building permit and shall pertain to any construction activity directly related to the construction authorized under the permit. A special permit issued pursuant to section 1-13.8-20 shall be required for the generation of noise and vibration resulting from construction activities bot'Neen sundo'lm and 7:00 a.m. outside the hours set forth above in this subsection. In the event of an emerQencv. the BuildinQ Official may issue a special permit for extended hours pendinQ review of an application for a special permit pursuant to Section 1-13.8-2. For any violation of the terms of the special permit, the permit holder and the violator shall be jointly and severably liable. (0) Any other noise and vibration resulting from activities of temporary duration permitted by law and for which a license or permit therefore has been granted by the Board of County Commissioners in accordance with section 1-13.8-20. (p) Any noise and vibration resulting from golf course maintenance activities. (2) Where an industrial or commercial use is established on property not adjacent to a residential use district and the adjacent property subsequently becomes residential, the noise and vibration resulting from the operation of the pre-existing industrial or commercial use which is projected into the residential use district, shall be subject to the permissible noise and vibration levels for industrial or commercial use districts, as appropriate. (3) Where the noise and vibr:ltion levels for ª pre-existing use are more restrictive than those for a subsequent use established adjacent to the pre-existing use, the noise and vibration levels for the pre-existing use shall apply. PART E. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-21 (PENALTIES) AS FOLLOWS: Section 1-13.8-21. Penalties. Violation of this chapter is a misdemeanor pursuant to Section 125.67, Florida Statutes, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to five hundred dollars ($500.00) or both such imprisonment and fine. Each instance of a violation of this chapter shall constitute a separate offense. Strl:Jel( threl:J!'jh passages are deleted, Underlined passages are added, 10 PART F. 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 G. 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 H. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART I. 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 J. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART K. 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 xx XX XX XX XX PART L. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. Stp\, £I\ tRPB\' §A passages are deleted. Underlined passages are added, 11 PASSED AND DULY ADOPTED this XX day of XX, 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney .stpl:I€l( t"'pel:l~A passages are deleted. Underlined passages are added, 12 ¡r' ." AGENDA REQUEST ITEM NO. C-2.B Date: December 5, 2006 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Palm Lake - Facilities Use Agreement with Wave Blasters of Florida Model Boat Club BACKGROUND: See C.A. No. 05-1948 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Facilities Use Agreement with Wave Blasters of Florida for use of Palm Lake, and authorize the Chairman to sign the agreement. lXJ APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 Dou as . Anderson County Administrator County Attorney: lß'" Coo rdination/Sil!natures 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: 06-1947 DATE: November 27, 2006 SUBJECT: Palm Lake - Facilities Use Agreement with Wave Blasters of Florida Model Boat Club BACKGROUND: The County was recently approached by the Wave Blasters of Florida model boat club regarding its use of Palm Lake, a County owned lake located within Indian River Estates. The Club has used the lake for some time for its activities but was unaware that the lake was owned by the County. The Club wishes to enter into an agreement with the County to permit the continued use of the lake and provide insurance coverage for its activities under its national association. The attached agreement has been drafted for that purpose. The agreement provides for a five year term subject to termination with or without cause upon thirty (30) days prior written notice. The Club will be permitted non-exclusive use of the lake on Sundays from 10:00 a.m. to 3:00 p.m. which is consistent with their current usage. In addition, the Club will provide a minimum of one million and 00/100 dollars ($1,000,000.00) general liability insurance coverage and indemnify the County for any claims arising from use of the lake. The agreement further provides that the Club will conduct its activities in a manner which will not disturb surrounding residents. It should be noted that the County has received no complaints regarding the Club's use of the lake. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Facilities Use Agreement with Wave Blasters of Florida for use of Palm Lake, and authorize the Chairman to sign the agreement. Respectfully submitted, .).....t-.. ~ Heather Y oun~ Assistant County Attorney Attachment HY/ Copies to: County Administrator Deputy Clerk FACIUTIES USE AGREEMENT (USE OF PARK LAKE FOR MODEL BOATS) THIS FACILITIES USE AGREEMENT dated this _ day of 2006, is by and between ST. LUCIE COUNTY. FLORIDA. a political subdivision of the State of Florida, located at 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida, 34982, rCounty"), and WAVEBLASTERS OF FLORIDA, 53 Golf Drive, Port St. Lucie, Florida 34952 ("Club"). WITNESSETH: For and in consideration of the mutual terms and conditions hereinafter set forth: ARTICLE I 1.01 Premises: The County grants unto the Club the non-exclusive right to use Park Lake, hereinafter referred to as the "Site", for the term and upon the terms and conditions hereinafter set forth, together with the right to the non-exclusive use, in common with others, of all such automobile parking and other facilities as are common use, subject to the terms and conditions of this Facilities Use Agreement and to the rules and regulations for its use. 1.02 Use and Possession of Premises: The Club shall use and occupy The Site for the purpose of conducting a model boat club and associated activities. ARTICLE 2 2.01 Term: The term of this Agreement shall be through for a period of five (5) years beginning on the date set forth above, hereinafter referred to as the "commencement date." The County shall have the right to terminate this Agreement with or without cause, and thereby end any and all obligations created by this Agreement upon thirty (30) days written notification of termination to Club. ARTICLE 3 3.01 Payment: For the term of this Agreement, the Club shall pay the County the amount of one and 00/100 dollars ($1.00) per year. g: \atty\agreemnt \ fae-use \waveblasters.doe -1- 3.02 Taxes: The Club is responsible to pay any and all applicable taxes; and payment shall be due and payable as required by law. ARTICLE 4 4.01 Assignment, Leasing and Successors in Interest: Club shall not lease the property in whole or any part, nor assign this Agreement to any other persons or firm without first obtaining the County's prior written approval. It is covenanted and agreed that all covenants, conditions, agreements and undertakings contained in this Agreement shall extend to and be binding on the respective successors and assignees accepted by the County. ARTICLE 5 5.01 Club's Obligations: The Club shall have the following obligations with regard to the use of The Site pursuant to this agreement: A. The Club shall, at its sole cost and expense, be responsible for set up, take down, and removal of any equipment required for its use of the Site and shall leave the Site in a clean and orderly condition following each use of the Site. B. The hours of use of the Site by the Club shall be limited to 10:00 a.m. through 3:00 p.m. on Sunday, unless otherwise agreed to by the County Administrator or his designee. C. The Club shall conduct its activities on the Site in a manner so as not to disturb any surrounding residents. D. It shall not engage in any form of solicitation in connection with the operation of the Club on the premises described herein. E. It shall not use The Site for any purpose other than as set forth herein; and shall at all times obey and comply with all present and future laws and ordinances of the U.S. Government, State of Florida, and County of St. Lucie, insofar as such laws or ordinances pertain to the premises herein or the activity in which the Club is involved. F. In the event of a default in payment or other charges or expenses due from g: \atty\agreemnt \ fae-use \waveblasters.doe -2- the Club to County, or a default in performance of any covenant, condition, or provision herein contained, County may serve written notice of such default on Club; and if Club shall not cure the same within ten (10) days, County may immediately terminate this Agreement and repossess the premises involved. G. That the Club under the terms of this Agreement, is and shall be at all times an independent Club and operator responsible to all parties for all of its acts or omissions. It is further agreed that in its use and enjoyment of the premises herein, including the facilities thereon, Club will indemnify, save, and hold harmless the County from and against any and all claims, actions, damages, liability, and expenses in connection with the loss of life, personal injury, or damage to property occurring in or about, or arising out of, the demised premises, or occasioned wholly or in part by any act or omission of the Club, its agents or representatives. H. That the Club shall not at any time assign this Agreement or any part thereof without the written consent of the County. ARTICLE 6 6.01 Conflict of Interest: The Club represents that it presently has no interest and shall acquire no interest, either direct or inclirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The Club further represents that no person having any interest shall be employed for said performance. The Club shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstances which may influence or appear to influence the Club's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Club may undertake,and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute conflict of interest if entered into by the Club. The County agrees to notify the Club of its opinion by certified mail within thirty (30) days of receipt of notification by the Club. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Club, the County shall so state in the notification and the Club shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Club under the terms of this g: \atty\agreemnt \ fac-use \waveblasters.doc ... -j- Agreement. ARTICLE 7 7.01 Indemnification: In consideration of the benefits received pursuant to this Agreement, Club does hereby agree and covenants to defend fully, protect, indemnify and hold harmless the County from and against each and every claim, demand or cause of action and any and all liability , cost, expense (including but not limited to reasonable attorneys' fees, costs and expenses incurred in defense of the County, even if incident to appellate, post-judgment or bankruptcy proceedings, damages or loss in connection therewith, which may be made or asserted by the Countyf the County's employees or agents, invitees or any third parties on account of personal injury, death, damage or property damage caused by, arising out of or in any way incidental to or in connection with Club's operation of the property. At the election of the County, Club shall contest and defend the County against any such claims of liability against the County. The County shall in any event, have the right, through counsel of its choice, to control the defense or response to any such claim to the extent it could affect the County financially. Only those matters which are determined by a final, nonappealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of Club shall be excluded from Club's duty to indemnify the County, but only to the extent of negligence of the County or such third party. For the purpose of this Article, the term ·County" shall be deemed to include the Board of County Commissioners and its agents, employees and affiliates. For purposes of this indemnification, "claims" shall mean and include all obligations, actual and consequential damages and costs reasonably incurred in the defense of any claim against the County, including, but not limited to attorneys' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses. The County shall have the right to defend any such claim against it in such manner as the County deems appropriate or described in its sole discretion. ARTICLE 8 8.01 Liability for Damage or Injury: The County shall not be liable for any damage or injury which may be sustained by any party or persons on the Property other than the damage or injury caused solely by the negligence of the County. ARTICLE 9 9.01 Notices: Wherever in this Agreement it shall be required or permitted that notice g: \atty\agreetnnt \ fac-use \waveblasters.doc -4- or demand be given or served by either party to or on the other, such notice or demand shall not be deemed to have been duly given or served unless in writing and either personally delivered or forwarded by registered or certified mail. postage prepaid, to the respective addresses hereinafter set forth. Such addresses may be changed from time to time by either party by serving notice as above provided. To County: With copy to: St. Lucie County Administrator 2300 Virginia Avenue 3rd Floor Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue 3rd Floor Administration Annex Fort Pierce, Florida 34982 To Club: Waveblasters of Florida 53 Golf Drive Port St. Lucie, Florida 34952 ARTIClE 10 10.1 Insurance: The Club shall maintain the following insurance during the term of this Agreement: A. General Liability Insurance - Cfub shall provide Commercial General Liability Insurance written on an occurrence basis, including product liability/completed operations, contractual liability, fire legal liability for a limit of at least one million dollars and 0/100 ($1,000,000.00) dollars, combined single limit for bodily injury, illness and property damage. Club shall also provide Coverage B (Personal Injury). written at a sub-limit of at least one hundred thousand and 0/100 ($100,000.00) dollars and Coverage C (Medical Payments) of at least five thousand and 0/100 ($5,000.00) dollars per person and twenty- five thousand and 0/100 ($25.000.00) dollars per occurrence. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. g: \otty\agreemnt \foc-use \woveblasters.doc -5- C. The Club shall be responsible for keeping in force fire and extended coverage on all its own equipment, contents, improvements and betterment. The insurance required shall include those classifications as listed in Standard Liability Insurance Manuals, which most nearly reflect the operations of Club under this Agreement. All insurance policies and surety bonds required under this Agreement shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications as a management and financial strength: The Company must be rated no less than -Au as to general policy holders rating, and no less than ·X" as to financial rating, in accordance with the latest edition of Best's Key Rating Guide, published by A.M. Best Company, Inc. Club shall furnish Certificates of Insurance to the County at least fifteen (15) days prior to the commencement of operations, which Certificates shall clearly indicate that Club has obtained insurance in the type, amount and classifications as required for strict compliance of the insurance provisions of this section. The County reserves the right to reasonably amend the insurance requirements by the issuance of notice in writing to Club ARTICLE 11 11.01 Termination by County: A. The occurrence of any of the following may cause this Agreement to be automatically terminated: 1. Institution of proceedings in voluntary bankruptcy by Club. 2. Institution of proceedings in involuntary bankruptcy against Club if such proceedings continue for a period of thirty (30) days. 3. Assignment by Club for the benefit of creditors. 4. Abandonment by Club of, and discontinuance of operations hereunder. B. The County may terminate this Agreement upon a breach by Club of any of the terms, covenants, or conditions contained in this Agreement and the failure of Club to remedy such breach for a period of thirty (30) calendar days after receipt of written 9: \atty\agreemnt \ fac-use \waveblasters.doc -6- notice sent by certified mail to Club of the existence of such breach. C. The County may terminate this Agreement without cause upon ninety (90) ninety (90) days written notice to the Club. ARTICLE 12 12.01 Termination by Club: Club shall have the right upon thirty (30) calendar days written notice to the County to terminate this Agreement at any time after the occurrence of one or more of the following events: A. Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the Property for Club purposes, if the injunction remains in force for a period of more than ninety (90) calendar days. B. A breach by the County of any of the terms, covenants or conditions contained in this Agreement and the failure of the County to remedy such breach for a period of thirty (30) calendar days after receipt of written notice sent by certified mail from Club of the existence of such breach. C. Club may terminate this Agreement without cause upon one hundred eighty (180) days written notice to the County. ARTICLE 13 13.01 Non-discrimination: A. Club for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: 1. That in the construction of any improvements on, over, or under such property and the furnishing of services thereon, no person on the grounds of race, color, national origin or sex shall be excluded from participation in, be denied the benefits of, or otherwise by subjected to discrimination. 2. Club shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicap (except where based on a g: \atty\agreemnt\ fae-use \waveblasters.doe -7- benefit occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. B. That in the event of breach of any of the above non-discrimination covenants, the County shall have the right to terminate the Agreement. ARTICLE 14 14.01 Rules and Regulations: Club will observe, obey and comply with all rules and regulations adopted by the County and all laws, ordinances and/or rules and regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to Club's operations under this Agreement. ARTICLE 15 15.01 Payment of Obligations: Club shall pay all taxes, utility charges and other costs lawfully assessed against its interests in the Property, its improvements and its operations under this Agreement. ARTICLE 16 16.01 Indulgence Not Waiver: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. ARTICLE 17 17.01 Interpretation; Venue: 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 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. g: \atty\agreernnt \ fae-use \waveblasters.doe -8- ARTICLE 18 18.01 Mediation: In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ARTICLE 19 19.01 Attorneys' Fees and Costs: In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, subject to the provisions of Section 768.28, Florida Statutes, and in no way altering the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Club and its surety or sureties, if any, for such fees and costs is joint and several. ARTICLE 20 20.01 Non-Waiver: The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. [The next page is the signature page.] g: \otty\ogreemnt \ foe-use \woveblasters.doc -9- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: ~£ - ~d -~:: ¡~ .. / W AVEBLASTERS OF FLORIDA BY: ~~0/ ß--It æ~ NAME: r;.: I:;~/> I-- D /s· ¡(Of? f.< /J\c/ TITLE: 1f~A/- 9: \atty\a9reemnt \ fae-use \waveblasters.doe -10- " To: Submitted By: Agenda Request Item Number Date: 51 Dee 5 2006 Consent Regular Public Presentation Leg. [ X] [ ] [ ] [ ] Quasi-JD [ Board of County Commissioners Growth Management /\ SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~ APPROVED c=J OTHER Approved 5-0 Motion to approve with changes as stated by Mr. Nix, Growth Management Director. Presented By Bob Nix 8;+~ Growth Management Dtrector Proposed Amendment to Chapter 5, Land Development Code, Concurrency Management, adoption hearing. The Florida Legislature amended Chapter 163.3180, Florida Statues, to require Counties and Cities to adopt changes in their concurrency management programs. By December 1 of this year, the County is required to adopt a new "Proportionate Fair-Share" provision in its concurrency management program for transportation facilities impacts. The attached proposed Ordinance No. 06-047 addresses the state mandates, The FDOT has published a model "proportionate fair share" ordinance which was used as a template for the proposed county proportionate share provisions. Staff has also proposed updates and clarifications to the Level of Service Standards and procedures for concurrency management, anda new definitions section. None needed. On September 21, 2006, Planning and Zoning Commission public hearing, unanimous vote of approval with some changes now in draft ordinance, On October 17, 2006, the Board of County Commissioners continued the first public hearing on the ordinance to November 14th to allow time to consider numerous late comments from affected parties. On November 7, 2006, staff met with representatives of the land development industry to address as many of their concerns as possible, and made further amendments to the proposed ordinance, On November 14, 1006, the Board of County Commissioners took testimony at the first reading of the ordinance, Issues raised included the vesting of phased projects (particularly residential subdivisions) and the two year term of a ·Certificate of Capacity. These issues have been addressed in the attached proposed ordinance. Red lined pages 12, 13, 33, 39 and 40 showing the proposed changes are attached. Recommend Ordinance No. 06-047 for adoption by the Board of County Commissioners. D DENIED RENCE: ouglas M, Anderson County Administrator .. ORDINANCE 06-047 PAGES 12 AND 13 1. FDOT Manual of Uniform Traffic Studies, latest edition. 2. FDOT Quality/Level of Service Handbook, latest edition. 3. FDOT Project Traffic Forecasting Handbook, latest edition. 4. FHW A Urban Boundary and Federal Functional Classification Handbook, latest edition. 5. FDOT Site Impact Analysis Handbook, latest edition. 6. Institute of Transportation Engineers, Trip Generation, latest edition. 7. Institute of Transportation Engineers, Transportation and Land Development, 2nd edition. 8. FDOT Manual of Uniform Minimum Standards for Design, Construction 'and Maintenance for Streets and Highways, latest edition. 9. Federal Highway Administration Manual on Uniform Traffic Control Devices. 10. FDOT Rule 14-94, Minimum Statewide Level of Service Standards. ' In the event of a conflict between standards in the above professional references with one another or with this code, the more restrictive standard shall apply, unless otherwise determined by a Florida Licensed Professional Engineer with expertise in the field of Transportation Engineering who is on the County staff or who is retained by the County as a consultant. 5.03.00 DEVELOPMENT NOT SUBJECT TO THE REQUIRMENTS OF CHAPTER V, ADEQUATE PUBLIC FACILITIES. 5.03.01 The followIng shall be exempt from the provisions of this Chapter: A. A Final Development Order issued on or before August 1, 1990, if: 1. The construction authorized by the Final Development Order has lawfully commenced before the Development Order expires according to its terms; and 2. The construction continues lawfully, without interruption and in good faith until it is complete. If the Final Development Order expires, any further development shall be in conformance with the requirements of this Chapter and all laws in effect at that time. 3. The commencement of development of any phase of a phased development within two years of the date of issuance of the Certificate of Capacity for that phase. The commencement of the development of a phase of any development more than two years after the date of issuance of the Certificate of Capacity approving the phase shall require an application for a new Certificate of Capacity and a new Concurrency Test. Mitigation of all concurrency deficiencies associated with the commencement of the phase which is the subject of the new Certificate of Capacity application shall be required as herein provided. 4. , There is proof that: to ORDINANCE 06-047 PAGE 12 AND 13 a. Extensive obliqations or expenses (other than land purchase costs and payment of taxes) includinq, but not límited to, ·Ieqal and professional expenses related directly to the development have been incurred or there has otherwise been a substantial chanqe in pÒsition. The development of all or part of the infrastructure of the project or phase, or the clearinq of land, creation of a buildinq pad, and full or substantial installation of underqround improvements or buildinq foundations shall be prima facie evidence that extensive obliqations and expenses have occurred; and b. Such obliqations, expenses and chanqe in position were lawfully permitted and undertaken by the property owner in qood faith reliance on the actions taken by the còunty; and c. It would not be equitable to deny the property owner the opportunity to complete the project based on the project's effects on the levels of service as adopted by the comprehensive plan and implemented throuqh the county concurrency manaqement system. B. A Development Order for a Development of Regional Impact adopted on or before August 1, 1990, unless the. Development Order; 1. expressly states otherwise; 2. expires according to its terms; 3. has not expired according to its terms and construction authorized by the Development Order has not commenced within five (5) years of the adoption date of the Development Order; 4. fails to address the provision of any public facility, in which event the provisions of the Comprehensive Plan and this Code, as amended shall apply only to that issue that was not addressed, but shall not apply to other issues specificaÌly addressed in the Development Order; 5. is amended to create a substantial deviation as defined by Section 380.06, Florida Statutes; or 6. is invalidated in whole or in part. C. Development that is vested pursuant to Section 11.09.00, except that adequate public facilities concurrency management for vested phased development shall either be in effect or expired pursuant to subsection 5.03.01, A, 3 herein. .. ORDINANCE 06-047 PAGE 33 F. Proportionate Fa~r-Share Agreements 1. Upon execution of a proportionate fair-share agreement (Agreement) the applicant shall be entItled to receive a St. Lucie County Letter of Capacity Reservation, and upon project approval and issuance of a Development Order, the applicant shall rèceive a Certificate of Capacity from the Director of Growth Management, or his/her designee. Except as otherwise provided in Section 5.08.04.B of this Chapter, as it may be amended from time to time, should the applicant fail to apply for a building permit within 24 36 months of the execution of the Agreement, or obtain an extension of the ;M 36 month time period as provided in the St. Lucie County Land Development Code, except for subdivisions, the Certificate of Capacity shall be considered null and void, and the applicant-shall be required to reapply. For subdivisions, the Certificate of Capacity shall be vested once site work is commenced and major subdivision improvements are lawfully instaped or under construction, or when required improvements are secured by a developer's unexpired financial guarantee in accordance with this Land Development Code and the plat is recorded. This section shall not waive any other requirements of Chapter V for new concurrency tests thåt developers may be obligated to provide as a result of the passage of time. Should a subdivision project be abandoned, so no improvements are made fQr a twe three year period of time in the construction of necessary subdivision infrastructure, and the subdivision development order is expired, then the Certificate of Capacity for the subdivision shall also expire. In cases where an applicant has consistently and r~asonably pursued construction and issuance of a building permit has been delayed as a result of an act of God (such as a hurricane or tornado), or by delays in issuance of state or federal agency permits that are not the result of actions of the applicant, tbe applicant may submit by letter to the Director of Growth Management a request for a twelve month extension of the expiration date of the ;M 36 month Certificate of Capacity. The Director of Growth Management or his or her designee shall require substantiation of the applicant's efforts to diligently and without unreasonable delay pursue permitting and construction, and shall submit the documentation ,along with staff recommendations to the Board of County Commissioners for their consideration for approval, approval with conditions, or denial of the requested extension. The Director of Growth Management or hislber designee shall confer with other departments and stafe and federal agencies as necessary to develop a complete and well-documented report to the Board of County Commissioners. 2. Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be non-refundable, unless a development order is abandoned following approval of an applicant's formal request to rescind approval of the applicant's preliminary or fimll development ordt::r, or the application expires, or the development order expires and the funds paid for the proportionate fair share contribution, including any impact fee credits, have not been used for their intended purpose, '" ORDINANCE 06-047 PAGES 39 AND 40 5.08.04 CERTIFICATE OF CAPACITY A. A certificate approved by the Growth Management Director or designee pursuant to the tenns of this Code that constitutes proof of adequate public facilities to serve the proposed development, herein called a "Certificate of Capacity" shall be issued by the Growth Management Director or designee upon satisfactory completion of the Concurrency Test and after approval of a Development Order for which the St. Lucie County Land Development Code Requires a Certificate of Capacity, construction of required mitigation improvements, if any, or approval of a legally binding development agreement to provide or fund the required mitigation improvements, if any, and payment of the required fee. The Certificate of Capacity shall be issued after approval of the issuance of a Development Order, a~d prior to or concurrent with the issuance of an approved Development Order. B. A Certificate of Capacity shall be valid for the same period of time as the Development Order with which it was issued, and shall constitute a reservation of public facility capacity for the proposed development, except that a new concurrency test shall be perfonned for any development that begins after twB three' years of the date of issuance of the certificate of capacity. If the Development Order does not have an expiration date, the Certificate of Capacity shall be valid for two (2) years. If the approved Development Order for a development order - other than a Planned Unit Development, Planned Nonresidential Development, Planned Mixed Use Development, Florida Quality Development, or Development of Regional Impact has a later expiration date than the Certificate of Capacity and development has not commenced as required by the Land Development Code by the construction of substantial site improvements, or by the provision of unexpired developer guarantees for the cost of construction and maintenance of required improvements in accordance with the county Land Development Code, within twB three years of the date of issuance of the Development Order, then a new concurrency test shall be perfonned before development shall be allowed to commence and any new improvements needed as a result of changed conditions shall be mitigated by the developer. In cases where an applicant has consistently and reasonably pursued construction and issuance of a building pennit has been delayed as ~ result of an act of God (such as a hurricane or tornado), ör by delays in issuance of state or federal agency pennits that are not the result of actions of the applicant, the applicant may submit by letter to the Director of Growth Management a request for a twelve month extension of the expiration date of the 24 36 month Certificate of Capacity. The Director of Growth Management or his or her designee shall require substantiation of the applicant's efforts to diligently and without unreasonable delay pursue pennitting and construction, and shall submit the documentation along with staff recommendatiqns to the Board of County Commissioners for their consideration for approval, approval with conditions, or_denial of the requested extension. The Director of Growth Management or his/her designee shall confer with other ORDINANCE 06-047 PAGES 39 AND 40 departments and state and federal agencies as necessary to develop a complete and well- documented report to the Board of County Commissioners. Fee refunds for abandoned, expired, or withdrawn development orders shall be processed in accordance with the provisions of Section 5.07, F of this Chapter, as it may be amended from time to time. 1 Ordinance No. 06-047 2 3 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, 4 CONCERNING AMENDMENTS TO LAND DEVELOPMENT 5 REGULATIONS CHAPTER V, "ADEQUATE PUBLIC 6 FACILITIES"; PROVIDING FINDINGS; PROVIDING FOR 7 AMENDMENTS TO THE METHODS OF DETERMINATION 8 ' OF CONCURRENCY; AMENDING THE .LEVEL OF 9 SERVICE STANDARDS FOR WATER AND SEWER 10 SYSTEMS; ELIMINATION OF THE UNCONDITIONAL 11 BLANKET EXEMPTION OF PHASED DEVELOMENT; 12 ..PROVIDING THAT THE IMPACT OF SINGLE FAMILY 13 HOMES ON LOTS CREATED ON OR BEFORE JANUARY 9, 14 1990, SHALL BE DE-MINIMIS IMPACTS WHICH SHALL BE 15 REPORTED IN THE DE· MINIMIS IMPACT REPORTING 16 SYSTEM; DEFINING AND PROVIDING FOR REPORTING 17 DE MINIMIS IMPACTS; PROVIDING FOR 18 PROPORTIONATE FAIR-SHARE IMPACT MITIGATION OF 19 TRANSPORTATION IMPACTS; PROVIDING A PROCESS 20 FOR AMENDMENT OF PROPORTIONATE FAIR-SHARE 21 AGREEMENTS AND DEVELOPMENT AGREEMENTS; 22 PROVIDING FOR CONFLICTS AND SEVERABILITY; AND 23 PROVIDNG AN EFFECTIVE DATE. 24 25 WHEREAS, the Florida Legislature adopted a Committee 26 Substitute for Senate Bill 360 amending section 163.3180, Florida 27 Statutes; and 28 . 29 WHEREAS, the amendments to state law require S1. 30 Lucie County to create a proportionate fair-share impact 31 mitigation procedure to create a pay as you go program to 32 remedy adverse transportation facility impacts of proposed 33 development; and 34 35 WHEREAS, the Florida Department of Transportation has 36 published a model ordinance to adopt proportionate fair-share 37 provisions in the County's concurrency management system; and 38 39 WHEREAS, the Board of County Commissioners wishes to 40 update and improve its concurrency management system 41 generalI.y; ~nd 42 WHEREAS, S1. Lucie' County is required to adopt in its 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 concurrency management system methodologies that will be applied to calculate proportionate fair-share mitigation. by December 1, 2006; and WHEREAS, the S1. Lucie County Planning and Zoning Commission, acting as the Local Planning Agency pursuant to subsection 163.3194(2), Florida Statutes, held a properly noticed public hearing regarding Ordinance 2006-4700 September 21, 2006, and transmitted its recommendations to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners held a properly noticed public hearing on December 5, 2006 and voted to adopt Ordinance 2006-47, and to authorize the staff to transmit the ordinance to the State Land Planning Agency for review; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Section One.' The St. Lucie County Land Development Code, Ordinance 90-36, Revised through September 20,2005, Chapter V, "Adequate Public Facilities" is hereby amended by deleting the words shown in strike-through type, and adding the words shown in underlined type, as follows: CHAPTER V ADEQUATE PUBLIC FACILITIES Section TABLE OF CONTENTS Title Page 5.00.0Q 5.00.01 5.00.02 5.00.03 Adequate Public Iracilities 4 Purpose 4 Findings 4 Authority and Applicability 6 5.01.00 Definitions 6 5.02.00 Procedure 11 5.03.00 Development Not Subject to the Requirements of Chapter V, Adequate Public Facilities 12 Proposed Ordinance #2006-47 Page 2 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 2 5.03.01 Exemptions from this chapter 12 3 5.03.02 Exempt Permits 14 4 5.03.03 Certificate of Capacity Exemption 15 5 5.03.04 Concurrency Test for Exempt Development 16 6 7 5.04.00 Change of Use 17 8 9 5.05.00 Demolition or Termination of Existing Land Use 18 10 11 5.06.00 Level of Service Standards 18 12 5.06.01 Establishment of Level of Service Standards 18 13 5.06.02 Certificate of Capacity Based on Developer Funding of 14 All Costs and Expenses for All Required Improvements 23 15 5.06.03 Measurement of Road Capacity 24 16 5.06.04 Required Determination for Roads 24 17 18 5.07.00 Proportionate Fair Share Transportation Impact 19 Mitigation 26 20 21 5.08.00 Review of Development Orders 37 22 5.08.01 Application for Certificate of Capacity 37 23 5.08.02 Requirements for Certificate of Capacity 37 24 5.08.03 Concurrency Test 38 25 5.08.04 Certificate of Capacity 39 26 5.08.05 Effect of a Development Agreement in Conjunction With 27 A Certificate of Capacity 41 28 5.09.00 Variances 43 29 5.09.01 Certificate of Capacity Variance 43 30 31 5.10.00 Capacity Information Letters 44 32 5.10.01 Purpose 44 33 5.10.02 Application 44 34 35 5.11.00 Fees 45 36 5.11.01 Concurrency Test Fee 45 37 5.11.02 Processing Fee 45 38 5.11.03 Certificate of Capacity Reservation Fee 45 39 40 5.12.00 Conflict with Other Regulations 46 41 42 Proposed Ordinance #2006-47 Page 3 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 CHAPTER V ADEQUATE PUBLIC FACILITIES 5.00.00 ADEQUATE PUBLIC FACILITIES 5.00.01 PURPOSE This Chapter is needed: A. To implement the goals, objectives, and policies including the level of service standards in the St. Lucie County Comprehensive Plan that necessary public facilities and services be ava~lable concurrent with the impacts of development B. To ensure that Development Orders and permits will be issued in a manner which will not result in a reduction of the level of service below the adopted level of service. standards in the St. Lucie County Comprehensive Plan, as it may be amended from time, to time. C. To adhere to and implement the Schedule of Capital Improvements in the St. - Lucie County Comprehensive Plan and other capital improvements as necessary to maintain the level of service standards in this Code. D. To adopt reasonable land development regulations in furtherance of the public benefit while at the same time ensùring that property owners have a reasonable, beneficial, and economic use of property. 5.00.02 FINDINGS A. The standards and requirements of this Chapter for transportation facilities are necessary for the safety of the public because the number of accidents resulting in property damage and injury increases as the congestion increases on roads, and that the fire, rescue, and law enforcement response times and disaster evacuation times increase as congestion increases on roads. B. The standards and requirements of this Chapter for potable water, sanitary sewer, solid waste, and stormwater management facilities are necessary for the health, safety and welfare of the citizens of St. Lucie County and the protection of the environment and natural resources of St. Lucie County. C. The standards and requirements of this Chapter for park facilities are necessary for the health, safety, welfareand enjoyment of the citizens of St. Lucie County. D. Sec. 163.3161, et. seq., Fla. Stat., establishes the Florida Local Government Comprehensive Planning and Land Development Regulation Act (hereinafter "the Act"). Proposed Ordinance #2006-47 Page 4 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 2 E. 3 4 5 6 F. 7 8 9 10 11 12 G. 13 14 15 H. 16 11 18 19 20 21 1. 22 23 24 25 , 26 J. 27 28 29 30 31 K. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 The Act mandates that each local government in the State of Florida adopt a Comprehensi ve Plan to guide and control future development, and authorizes and requires the adoption of land development regulations. The Board of County Commissioners of St. Lucie County, pursuant to the Act, Chapter 125, Fla. Stat., 'and Ch. 75-390, Laws of Fla., as amended, adopted St. Lucie County Ordinance No. 90-1, adopting a revised Comprehensive Plan for St. Lucie County, which plan was amended on March 5, 2002 by Ordinance 02-008 and January 6, 2004 pursuant to a complian~e agreement. Sec. 163.3177(10)(h), Fla. Stat., provides that public facilities and services needed to support development must be available concurrent with the impacts of such development. Sec. 163.3202(2)(g), Fla. Stat., also provides that not later than one (1) year after its due date established by the State land planning agency's rule for submission of local Comprehensive Plans, a local government shal.l not issue a Development Order or permit which results in a reduction in the level of sérvice for the affected public facilities below the level of service provided in the Comprehensive Plan. Rule 9J-5.0055(2), Florida Administrative Code (F.A.C.) requires that a concurrency management system must be implemented after adoption of a Comprehensive Plan to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development. Sec. 163.3180, Florida Statues, as amended by Chapter 2005-29Q, .Laws of Florida, with new requirements for concurrency management requiring local governments to, among other things, adopt a transportation concurrency management system by ordinance and create a proportionate fair-share impact mitigation provision. The adopted St. Lucie County Comprehensive plan requires, owner/developers to enter into a development agreement with the county that "specifies that new development will provide for the upgraded facility" (Capital Improvements Element Policy 11.1.1.12, B); and provides further that "The County will allocate the costs of new public facilities on the basis of the benefits received by existing and future residents so that current residents will not subsidize new development" (Capital Improvements Element Policy 11.1.2.3); provides further that "Future development shall pay for 100% of the capital improvements needed to address the impact of such development" (Capital Improvements Element 11.1.2.4); and provides that "Future development shall hot pay impact fees for the portion of any capital improvements that reduces or eliminates existing deficiencies' (Capital Improvements Element Policy 11.1.2.4). The adopted St. Lucie County Comprehensi ve Plan is not inconsistent with current state law requirements regarding concurrency management, and does not prohibit proportionate fair share contributions as required by law. Proportionate fair-share is a method of "providing for" upgraded facilities or payment of 100% of the capital improvements needed to address the impacts attributed to a development as determined through a proportionate share calculation in accordance with this Chapter 5, as it may be amended from time" to time. Proposed Ordinance #2006-47 Page 5 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 The adopted comprehensive plan shall be interpreted and applied in a manner consistent with state law. L. This ordinance is consistent with the adopted comprehensive plan. 5.00.03 AUTHORITY AND APPLICABILITY Chapter 1 The Board of County Commissioners of St. Lucie County, Florida, has the authority to adopt these regulations pursuant to Article VIII, Section 1(f), Fla. Const., Section 125.01 et. seq., Fla. Stat., Section 163.3161 et. seq., Fla. Stat., and Rule 9J-5, F.A.c. B. These regulations shall apply to all development in the total unincorporated area of St. Lucie County, Florida. 5.01.00 DEFINITIONS . Adverse trip.: A vehicle trip on a segment of a failing transportation facility. Annual capacity availability report: A report prepared on or by October first of each year specifying, among other things: (1) Capacity' used for the preceding year; (2) Projected capacity demand for the next succeeding year; (3) Available capacity for each public facility and service; (4) Projected capacity for eacb public facility and service, including new capacity created through the capital improvements program; and (5) Recommendations. Appeal: A request for a review of an administrative interpretation of any provision of Chapter V, Adequate Public Facilities, or a review of a decision made by any administrative official or board or commission with regard to adequate public facilities or concurrency management. Applicant: A person who files an application under this article. Application: Any document submitted by an applicant under Chapter V, Adequate Public Facilities, including, as the case may be, any ofthe following: (1) An application by the applicant to the Department of Growth Management seeking issuance for his project of a capacity encumbrance letter; (2) The application or procedure by which the applicant under the provisions of the Land Development Code seeks to appeal the denial by the Director of Growth Management or hislher designee of an application for a capacity encumbrance letter; (3) An application to be placed on a waiting list for capacity as it becomes available; (4) An application for a proportionate fair-share agreement; or (5) An application or proposal by the applicant for approval of a mitigation plan for his project so that, if approved, a capacity encumbrance letter can be issued. Proposed Ordinance #2006-47 Page 6 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 Area of impacts: The geographical transportation network of roadway segments and 2 intersections on which the proposed project is tested. 3 4 Building: Any structure that encloses or covers a space used for sheltering any occupancy. 5 6 Building permit: For purposes of this article, a permit which authorizes: 7 8 (1) The construction of a new building; or 9 (2) The expansion of a floor area or the increase in the number of dwelling units contained in an 10 existing building; or 11 (3) Change in use, shall qualify as a building permit. 12 13 Capacity: Refers to the availability of a public service or facility to accommodate users at a 14 maximum level of demand, expressed in an appropriate unit of measure, such as gallons per day 15 or average daily trip ends. 16 17 Capacity, available: Capacity which can be encumbered or reserved to future users for a 18 specific public facility or service. 19 20 Capacity, permitted: Capacity which has been removed from the reserved or encumbered 21 capacity bank and has been committed to a particular property through issuance of a building 22 permi t. 23 24 Capacity, encumbered: Capacity which has been removed from the available capacity bank 25 through the issuance of a capacity encumbrance letter. 26 27 Capacity encumbrance letter: A letter issued by the county based upon a determination by the 28 Director of Growth Management or his/her designee that adequate capacity for each public 29 service and facility is available and has been encumbered for one hundred eighty (180) days to 30 serve the densities and intensities of development designated on such capacity encumbrance 31 letter. 32 33 Capacity information letter: An informational and nonbinding letter for a specific development 34 or property which indicates available capacity for each public facility based upon adopted LOS 35 standards at the time the letter is issued but which does not (i) guarantee capacity in the future, 36 nor (ii) encumber, commit or reserve capacity for any period of time. 37 38 Capacity reservation fee: The fee as established by resolution of the board of county 39 commissioners that is required to be paid to the county as a condition of capacity reservation in 40 the amount equivalent to the then applicable transportation impact fees calculated on the basis of 41 the capacity reserved for the term of the certificate of capacity: 42 43 (1) Less any outstanding impact fee credits applicable to the property; and 44 (2) Plus any additional impact mitigation fees in lieu of construction of improvements required 45 for the project for which the certificate of capacity is issued. 46 47 Capacity, reserved: Capacity which has been removed from the available or encumbered 48 capacity bank and allocated to a particular property through issuance of a certificate of capacity Proposed Ordinance #2006-47 Page 7 of 46 DRAFT_November 29_2006 adoption hearing draft AMENDED_CHAPTER5_SLC_CLEAN 11-29-2006 1 reserving capacity for a period onime specified in such certificate of capåcity, which period of 2 time shall not exceed the limits established in this chapter. 3 4 Capacity, used: Capacity which is being used by existing residents and development. 5 6 Capacity, vested: Capacity which has been withdrawn from the available capacity·bank through 7 issuance of a trip-based vesting determination or phasing agreement. 8 9 Capacity waiting list: A chronological listing of applicants that have been denied a capacity 10 encumbrance letter and have applied to be put on the capacity waiting list. Applicants on the 11 capacity waiting list shall be offered capacity as it becomes available on a "first come-first 12 served" basis. 13 14 Certificate of Capacity: A certificate issued by the county pursuant to the terms and 15 conditions of this article, which constitutes proof that adequate capacity for each required public 16 facility or service exists and has been reserved to serve the densities and intensities of 17 development specified on such certificate and within the time period designated on such 18 certificate. Time periods permitted for certificate of capacitysare specified in this chapter. 19 20 CIE: Capital improvements element of the adopted Comprehensive plan required pursuant to 21 F.S. § 163.3177(3)(a), as amended by Chapter 2005-290, Laws of Florida. 22 23 CIP: Capital improvements program, äfive-year schedule of capital improvements adopted as 24 an amendment to the Comprehensive Plan annually in conjunction with the county budget. The 25 Capital Improvements Program is part of the adopted Capital Improvements Element. 26 27 Change of use: For purposes of this article, any'proposed change of use, redevelopment or 28 modification of the character, type or intensity of use of an existing building or site. 29 30 Concurrency: Growth management concept intended to ensure that the necessary public 31 facilities and services are available and operating at or below the adopted levels of service 32 concurrent with the impacts of development. 33 34 Collateral assignee: That person or entity to which a capacity encumbrance letter or certificate 35 of capacity is collaterally assigned in accordance with the terms and conditions of this article as 36 security for a loan encumbering the real property described in, and which is the subject of, either 37 a capacity encumbrance letter or a certificate of capacity. 38 39 Concurrency database: Inventory of roadways, intersections, and other public facilities and 40 services subject to concurrency including, but not limited to the most recent available and 41 historical traffic counts and tracking encumbered, reserved, and (where data is available) vested 42 trips; water and sewer facilities capacity and most recent usage data; park and recreation 43 facilities; stormwater facilities capacity and usage; solid waste facility capacity and usage. 44 45 Concurrency evaluation: Evaluation by the Growth Management Director of his/her designee 46 based on adopted LOS standards to ensure that public facilities and services needed to support 47 development are available and operating at or below the adopted levels of service concurrent 48 with the impacts of such development as defined in this article. Proposed Ordinance #2006-47 Page 8 of 46 DRAFT_November 29_2006 adoption hearing draft AMENDED_CHAPTER5_SLC_CLEAN 11-29-2006 1. 2 Concurrency management system (CMS): The adopted procedures and/or process used to assure 3 that public facilities that support development are available "concurrent" with the impact of such 4 development consistent with Chapter 163, Florida Statutes. 5 6 De Minimis Impact: A de minimis impact is an impact that would not affect more than 1 percent 7 of the maximum volume at the adopted level of service of the affected transportation facility as 8 detennined by the county. No impact will be de minimis if the sum of existing roadway volumes 9 and the projected volumes from approved projects on a transportation facility would exceed 110 10 percent of the maximum volume at the adopted level of service of the affected transportation 11 facility; provided however, that an impact of a single family home on an existing lot will 12 constitute a de minimis impact on all roadways regardless of the level of the deficiency of the 13 roadway. Further, no impact will be de minimis if it would exceed the adopted level-of-service 14 standard of aHY affected designated hurricane evacuation routes. State law requires that the 15 county shall maintain sufficient records to ensure that the 110-percent criterion is not exceeded. 16 State law requires that the county shall submit annually, with its updated capital improvements 17 element, a 'Summary of the de minimis records. (Reference: Section 1.63.3180(6), F.S.) (Note: 18 The addition of this definition was suggested by the Planning and Zoning Commission. 19 However, the definition was added after the meeting at the Commission's suggestion, and was 20 not reviewed by them. The definition is quoted from Section 163.3180(6), F:S., but the word 21 "county" is substituted for the words "local government".) 22 23 Developer's or Development agreement: An agreement entered into between the county and 24 another person or entity associated with the development of land including, but not limited to, 25 agreements associated with development orders issued pursuant to F.S. § 380.06. 26 27 Development completion: The time at which all components of a development are completed 28 and a certificate of occupancy or a certificate of completion has been issued for all approved 29 buildings and structures; or the County Engineer has certified the improvements, and the Board 30 of County Commissioners and/or property owners association (as applicable) has accepted the 31 improvements and authorized the recording of the Final Plat for a subdivision. 32 33 Development Agreement: An agreement in a standard fonn provided by the Director of Growth 34 Management and approved for legal sufficiency by the County Attorney subject to review by the 35 Florida Department of Community Affairs pursuant to Section 1633221, Florida Statutes, the 36 Florida Local Government Development Agreement Act, as it may be amended from timè to 37 time. 38 39 DRC: Development Review Committee created pursuant to Section 12.09.00 of the St. Lucie 40 County Land Development Code, as it may be amended from time to time. 41 42 Encumbrance period: The period of one hundred twenty (120) days following the date of 43 issuance of a capacity encumbrance letter for which period capacity is encumbered pursuant to 44 such capacity encumbrance letter. 45 46 FDOT: The Florida Department of Transportation. 47 Proposed Ordinance #2006-47 Page 9 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1· FSUTMS: The Florida Standard Urban Transportation Model Structure 'is a formal set of 2 modeling steps, procedures, software, file formats; and guidelines established by the Florida 3, Department of Transportation (FDOT) for use in travel demand forecasting throughout the state. 4 5 Land Development Code: Those portions of the County Code that the county is obligated to 6 adopt and enforce pursuant to Chapter 163, Florida Statutes, which regulate the development 7 and/or use of real property and that are consistent with and implement the adopted 8 Comprehensive Plan pursuant to the requirements of F.S. § 163.3202. 9 10 Large Development Projects: Development projects that equal or exceed 70% of the 11 Development of Regional Impact thresholds established by the Treasure Coast Regional 12 Planning Council, and in effect on September 11, 2006. 13 ,14 LOS: Level of service standard, which is the measurement indicating the degree of service 15 provided by, or proposed for, a designated public facility based on the operational characteristics 16 of such facility. Level of service shall indicate the capacity per unit of demand for each public 17 facility or service for whic~ a Level of Service Standard is adopted. 18 19 Mitigation plan: A plan or proposal by the applicant for a project by which the applicant 20 proposes to improve or undertake improvements to the public facilities and services to mitigate 21 the impacts of the applicant's project. 22 23 PM peak hour peak directional trips: The vehicle trips in the direction of higher travel demand 24 on a road during the evening peak commuting period. 25 26 Project: The particular lot, tract of land, proj~ct or other development unit for which the 27 applicant files an application under this article. 28 29· Project trip: A new vehicle trip that begins or ends within the project and that uses one (1) or 30 more off-site roads, or on-site public roads. 31 32 . Proportionate Fair Share Agreement: An agreement in a standard form provided by the Director 33 of Growth Management and approved for legal sufficiency by the County Attorney setting forth 34 the terms, dollar amounts, due dates, and such other information as may be required regarding 35 proportionate fair share contributions acceptable to the County and agreed to by applicants as 36 conditions of approval of land development applications. Proportionate Fair Share Agreements 37 will only be used in situations where developer contributions are being made as mitigation for 38 capital improvements that are required to address the impacts of the development, and that are 39 already included in the adopted Comprehensive Plan 5-Year Capital Improvements Program. 40 Proportionate Fair Share Agreements shall not be used to provide funding for any capital 41 improvement that is not already scheduled in the adopted Comprehensive Plan 5- Year Capital 42 Improvements Program, such improvements may be subject to proportionate fair share 43 contributions through the completion of Development Agreements pursuant to Section 163.3321, 44 F. S. A proportionate fair share clause may be inserted into a development agreement when the 45 proportionate fair share is to be provided for improvements that are not already in the adopted 46 Comprehensi ve Plan 5- Year Capital Improvements Program. 47 Proposed Ordinance #2006-47 Page 10 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 Public facilities and services:' Those public facilities and services for which level of servic'e (LOS) standards have been established in the adopted Comprehensive Plan, and are recognized in this article, and which include the following: (1) Roads; (2) Wastewater; (3) Stormwater; (4) Solid waste; (5) Potable water; and (6) 'Parks and recreation; and (7) Mass transit. Reservation period: The length of time for which capacity is reserved pursuant to a capacity reservation certificate. Roads: Major thoroughfare network. Roadway segment: A portion of a road defined by two (2) end points, usually the length of road from one (1) signalized intersection to the next signalized inte.rsection. Subdivision: Any subdivision of land as defined in chapter 30, article III, of the County Code. Transportation Concurrency: Transportation facilities are deemed to be concurrent when facilities needed to serve new development are in place or under actual construction within three (3) years after the local government approves a building permit or its functional equivalent that res,µlts in traJfic generation. Trip end: One (1) end of a vehicle trip. VMT: Vehicle-mile(s) of travel generated by the project. Vehicle trip: A vehicle movement in one (1) direction from an origin to a destination. Vested rights: The right to develop, or continue to develop, a project notwithstanding the project's inconsistency with the county concurrency management system and/or county comprehensive plan, provided a vested rights certificate has been obtained pursuant to Section 11.09.00 of the St. Lucie County Land Development Code and/or a Certificate of Capacity Exemption has been issued pursuant to Section 5. * of this chapter. 5.02.00. PROCEDURE The Director of Growth management or his/her designee shall be responsible for carrying out the requirements of Chapter V, Adequate Public Facilities, and shall make determinations regarding concurrency and shall issue all documentation regarding concurrency according to the procedures set forth in Chapter V. Concurrency determinations shall be made with reference to this Chapter V, and the following professional publications and standards which are incorporated herein by reference: Proposed Ordinance #2006-47 Page 11 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 1. FDOT Manual of Uniform Traffic Studies, latest edition. 2. FDOT QualitylLevel of Service Handbook, latest edition. 3. FDOT Project Traffic Forecasting Handbook, latest edition. 4. FHW A Urban Boundary and Federal Functional Classification Handbook, latest edition. 5. FDOT Site Impact Analysis Handbook, latest edition. 6. Institute of Transportation Engineers, Trip Generation, latest edition. 7. Institute of Transportation Engineers, Transportation and Land Development, 2nd edition. 8. FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, latest edition. 9. Federal Highway Administration Manual on Uniform Traffic Control Devices. 10. FDOT Rule 14-94, Minimum Statewide Level of Service Standards. In the event of a conflict between standards in the above professional references with one another or with this code, the more restrictive standard shall apply, unless otherwise determined by a Florida Licensed Professional Engineer with expertise in the field of Transportation Engineering who is on the County staff or who is retained by the County as a consultant. 5.03.00 DEVELOPMENT NOT SUBJECT TO THE REQUIRMENTS OF CHAPTER V, ADEQUATE PUBLIC FACILITIES. 5.03.01 The following shall be exempt from the provisions of this Chapter: A. A Final Development Order issued on or before August 1, 1990, if: 1. The construction authorized by the Final Development Order has lawfully commenced before the Development Order expires according to its terms; and 2. The construction continues lawfully, without interruption and in good faith until it is complete. If the Final Development Order expires, any further development shall be in conformance with the requirements of this Chapter and all laws in effect at that time. 3. The commencement of development of any phase of a phased development within two years of the date of issuance of the Certificate of Capacity for that phase. The commencement of the development of a phase of any development more than two years after the date of issuance of the Certificate of Capacity approving the phase shall require an application for a new Certificate of Capacity and a new Concurrency Test. Mitigation of all concurrency deficiencies associated with the commencement of the phase which is the subject of the new Certificate of Capacity application shall be required as herein provided. 4. There is proof that: a. Extensive obligations or expenses (other than land purchase costs and payment of taxes) including, but not limited to, legal and professional expenses related directly to the development have been incurred or there has otherwise been a substantial ch~nge in position. The development of all or part of the infrastructure of the project or phase, or the clearing of land, creation of a building pad, and full or substantial installation of underground improvements or building foundations shall be prima facie evidence that extensive obligations and expenses have occurred; and Proposed Ordinance #2006-47 Page 12 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 b. Such obligations, expenses and change in position were lawfully permitted and undertaken by the property owner in good faith reliance on the actions taken by the county; and c. It would not be equitable to deny the property owner the opportunity to complete the project based on the project's effects on ,t.he levels of service as adopted by the comprehensive plan and implemented through the county concurrency management system. B. A Development Order for a Development of Regional Impact adopted on or before August 1, 1990, unless the Development Order: 1. expressly states otherwise; 2. expires according to its terms; 3. has not expired according to its terms and construction authorized by the Development Order has not commenced within five (5) years of the adoption date of the Development Order; 4. fails to address the provision of any public facility, in which event the provisions of the Comprehensive Plan and this Code, as amended shall apply only to that issue that was not addressed, but shall not apply to other issues specifically addressed in the Development Order; 5. is amended to create a substantial deviation as defined by Section 380.06, Florida Statutes; or 6. is invalidated in whole or in part. C. Development that is vested pursuant to Section' 11.09.00, except that adequate public facilities concurrency management for vested phased development shall either be in effect or expired pursuant to subsection 5.03.01, A, 3 herein. D. Construction of public facilities that are identified in the Capital Improvement Element of the St. Lucie County Comprehensive"Plan and are required in order to achieve level of service standards for those facilities identified in Section 5.03.00; and public schools are exempt until such time as a countywide school concurrency management system is adopted and in effect as required by law. Construction of public facilities that are identified in the Capital Improvement Element of the St. Lucie County Comprehensive Plan other than those public facilities that are exempt pursuant to subsection D above and which need to be constructed because of an emergency as determined by the Board of County Commissioners. E. An alteration or expansion of development that does not create additional impact on public facilities. F. The construction of accessory buildings and structures that do not create additional impact on public facilities. Proposed Ordinance #2006-47 Page 13 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 2 G. The replacement of an existing dwelling unit when no additional dwelling units are 3 created. 4 5 H. Building permit applications for a single family residence on a Lot of Record recorded on 6 or before January 9, 1990. 7 8 I. Expansions that weredisc10sed by the applicant and subject to a concurrency test as part 9 of the òriginal application, except that adequate public facilities concurrency management for 10 phased development shall be determined in accordance with subsection 5.03.01 herein. 11 12 J. Unexpired Building pennit issued prior to August 1, 1990. Development pursuant to a 13 building permit issued prior to August 1, 1990, is vested pursuant to the provisions of Section 14 11.09.00 of the St. Lucie County Land Development Code as it may be amended from time to 15 time. No such building permit shall be extended except in conformance with the appJicable 16 provisions of the County Code. If the Director of Growth Management or his/her designee, or the 17 St. Lucie County Building Official, deterr.nines such a building permit has lapsed or expired 18 pursuant to the appropriate provision of the County Code or the Florida Building Code, then no 19 subsequent building permit shall be issued except in accordance with Chapter V, Adequate 20 Public Facilities. 21 22 5.03.02. EXEMPT PERMITS 23 24 A. The following types of permits are hereby determined to be exempt from the 25 requirements of Chapter V, Adequate Public Facilities, because they do not create additional 26 Ìmpacts on public facilities or services: 27 28 Boat dock permit for a single family home, townhouse, or duplex 29 Electrical permit 30 Fence permi t 31 Fire service permit 32 Floodplain permit 33 Mechanical permits (air conditioning, heating, ventilation) 34 Moving of structures (only applies to the permit issued for designating the route of the move) 35 Plumbing permit ., 36 Right-of-way utilization permit for projects that have received a certificate of capacity, or are 37 exempt' 38 Roofing or sheet metal permit 39 Shoreline alteration permit 40 Sign permit 41 Tree removal permit 42 Underground utilities permit 43 Wetland alteration permit 44 45 B. Additionally, the following shall be exempt from the requirements of Chapter V, Adequate 46 Public Facilities if, on a case-by-case basis, the Director of Growth Management or his/her 47 designee determines that the proposed development òr activity will not create additional impacts 48 on public facilitie~,or services, based upon a,review of substantial and competent evidence: Proposed Ordinance #2006-47 Page 14 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 1. Variances to dimensional standards that do not result in an increased density or intensity of land use. 2. Special exceptions which will be evaluated for adequate public facilities and services requirements at the time of subdivision or site plan application review. 3. Residential interior alterations that do not create a new dwelling unit and that are not easily convertible into a new additional dwelling unit. 4. Nonresidential interior alterations not connected with a change in the type of land use. 5. Additions or expansions to a dwelling unit on residential property provided such additions or expansions do not increase the number of dwelling units in the particular building or buildings on such property, and are not easily convertible into one or more additional dwelling units. 6. Such other permit, development or activity, which the Growth Management Director or his/her designee determines, on a case-by-case basis, will not create additional impacts . 'on public facilities or services. 5.03.03 CERTIFICATE OF CAPACITY EXEMPTION _A. Purpose. The purpose of this'subsection is to provide for a formal and final agency decision for persons who are in doubt as to the exempt status of a proposed development, or who simply desire documentation of exempt statute, for persons who believe the transportation facility impacts of proposed development are de minimis, and forpersons who have been informed that a Certificate of Capacity is required and who believe their proposed development is exempt. B. AUTHORITY TO GRANT CERRTIFICATE OF CAPACITY EXEMPTIONS. Upon determining that the development that is the subject of an application for a Certificate of Capacity Exemption meets one or more of the criteria set out above, the Growth Management Director, or his/her designee, is hereby authorized to issue a Certificate of Capacity Exemption. C. APPLICATION FOR CERTIFICATE OF CAPACITY EXEMPTION Any person seeking an exemption from the terms of this Chapter shall submit to Director of Growth Management substantial competent evidence to demonstrate entitlement to the exemption. The appropriate, valid, unexpired Development Order or application identified in an exemption provision shall, in and of itself, constitute substantial competent evidence to demonstrate entitlement to the applicable exemption. Written verification of such Development Proposed Ordinance #2006-47 Page 15 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 Order, application or other evidence shall be made or obtained by the Director of Growth Management. D. STANDARD FOR ISSUANCE OF A CERTIFICATE OF CAPACITY EXEMPTION If the evidence meets the applicable exemption requirements and is verified, the Certificate of Capacity Exemption shall be granted by the Director of Growth Management. 5.03.04 CONCURRENCY TEST FOR EXEMPT DEVELOPMENT A. In order to monitor the cumulative effect on the capacity of public facilities, a Concurrency Test shall be perfonned for the following Development Orders that shall, if authorized by this chapter, receive a Certificate of Capacity Exemption regardless of the results of the Concurrency Test: Building pennit applications for a single family residence on a Lot of Record recorded on or before January 9, 1990. The impact of a single family home on an existing lot created on or before January 9, 1990, shall be counted as a de minimis impact on all roadways regardless of the level of deficiency of the impacted roadways. These de minimis impacts shall be accumulated in the de minimis impact tracking system, and reported annually to the State Land Planning Agency in the required de minimis impact report. (Reference: Sec. 163.3180(6), F.S., as amended by Section 5, Ch. 2005-290, Laws of Florida) 2. Development that is detennined to be vested pursuant to Section 11.09.00, except that the exemption of phased development shall be detennined in accordance with subsection 5.03.01, A, 3, herein. 3. Development impacts that are detennined to be de minimis pursuant to Section 163.3180(6), F.S., as it may be amended fro~ time to time. All de minimis impacts will be monitored in a de minimis impact accounting system maintained by the Department of Growth Management. The cumulative impacts of de minimis impacts pennitted on all transportation facilities shall be sent annually in a report to the Department of Community Affairs, which report shall show all de minimis impacts pennitted on an affected facility, existing and committed traffic impacts on each affected facility, the maximum service volume at the adopted level of . service for each affected facility, and the cumulative traffic impacts expressed as a percentage of the maximum service volume at the adopted level of service for each affected facility. When the cumulative de minimis impacts exceed 110% of the maximum service volume at the adopted level of service on an affected transportation facility, then the applicant may make application for a certificate of capacity and either demonstrate that adequate capacity is available through a professionally acceptable traffic engineering study approved by the county, or provide the required mitigation. B. In order to determine the impact and potential cumulative effect on the capacity of public facilities, a Concurrency Test shall be perfonned for the following Development Orders which shall receive a Certificate of Capacity Exemption if the Concurrency Test determines that: 1. An alteration or expansion of development, other than an extension of the Development Order, does not create additional impact on public facilities; or, Proposed Ordinance #2006-47 Page 16 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 I 2 3 4 5 6 7 8 9 10 II 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 2. The construction of accessory buildings and structures do not create additional impact on public facilities; or, 3. The replacement of an existing dwelling unit where no additional dwelling unit is created; or, 4. The building permit for the replacement of an existing non-residential use, which use was approved and subject to Concurrency Management requiremerits 'after August 9, 1990, within a time frame of twenty-four (24) months from the demolition of the structure(s) that does not create additional impact on public facilities. Replacement of an existing non-residential use that was approved on or before August 9, 1990; shall require approval of an application for a Certificate of Concurrency subject to all of the requirements herein. 5.04.00 CHANGE OF USE Any proposed change of use, which term or phrase shall include a change, redevelopment or modification of the character, type or intensity of use, shall require a concurrency evaluation in accordance with the requirements and procedures in Chapter V, Adequate Public Facilities. A. Increased impact on public facilities or services. 1. If a proposed change of use shall have a greater impact on public facilities and/or services than the previous use, a capacity encumbrance letter (and a certificate of capacity, if appropriate) shall be required for the net increase only. 2. If the proposed change in use häs an impact of not more than 1 % of the maximum service volume of an affected transportation facility and does not exceed one hundred ten (110) percent of the facility's capacity at the adopted LOS, the change of use shall hot be denied based on the failure to meet the adopted LOS. If the change of use has a net impact that is not de minimis, then the applicant may make application for a certificate of capacity. B. Decreased impact on public facilities and services. If the proposed change of use shall have an impact on public facilities and/or services which is equal to or less than the previous use, then the proposed change, redevelopment or modification of use may proceed without the encumbrance of additional capacity in accordance with the provisions of this article; provided, however, that in connection with such proposed change, redevelopment or modification, all other applicable provisions of the County Code must be met, and the unused capacity shall be returned to the capacity bank for the affected public facility or facilities. There will be no refunds of any mitigation fees or impact fees collected from the applicant/developer/owner or their representatives, heirs, successors or assigns due to the reduction in impacts as a result of a change in use associated with an approved land development project for which a final development order has been issued. C. Definition of "previous use." For purposes ofthis section, the term "previous use" shall mean either: a. The use existing on the site when a concurrency evaluation is sought; or_: Proposed Ordinance #2006-47 Page 17 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 b. If no active use exists on the site at the time when a concurrency evaluation is sought, then the most recent use on the site within the two-year period immediately prior to the date of application. The applicant shall provide evidence which establishes the existence of such use. Such evidence must include, but shall not be limited to, utility records, phone bills, income tax returns, tax bills, occupational licenses, and unrelated party affidavits. 5.05.00 DEMOLITION OR TERMINATION OF EXISTING LAND USE In the case of demolition of an existing structure or termination of an existing use in conjunction with plans for redevelopment, the concurrency evaluation for future development shall be based upon the new or proposed land use as compared to the land use existing at the time of such demolition or termination. If the existing or prior land use is one that was exempt from the requirements of Chapter V, Adequate Public Facilities, pursuant to the exemptions permitted in Section 5.05.00 or Section, and the existing use is not lqcated in a designated urban infill or redevelopment area, the concurrency evaluation for future development or redevelopment shall be based on the new or proposed land use with no credit for the existing or prior land use. Credit for prior use shall not be transferable to another parcel. Credit for prior use must be utilized in connection with a redevelopment of the site within two (2) years following the demolition of the existing structure or termination of the existing use, whichever first occurs. Credit for prior use shall be deemed extinguished in the event such credit is not utilized in connection with the issuance of a building permit or a certificate of capacity and development order within two (2) years following the date of issuance of the demolition permit for the subject property, or the termination of the existing use, whichever first occurs. ' 5.06.00 LEVEL OF SERVICE STANDARDS 5.06.01 ESTABLISHMENT OF LEVEL OF SERVICE STANDARDS -A: For the purpose of issuing a Certificate of Capacity, the level of service standard for roads, potable water facilities, sanitary sewerage facilities, solid waste facilities, stormwater management facilities, park and recreation facilities and mass transit facilities shall not be less than that level set in the St. Lucie County Comprehensive Plan. The Level of Service Standards which will be utilized to determine the availability of capacity for each public facility are as follows: A. Roads and Intersections: For roads that are on the Strategic Intermodal System (SIS) designated in accordance with subsections 339.61, 339.62, 339.63 and 339.64, Florida Statutes, as they may be amended from time to time the Level of Service Standard shall be the standard adopted by the Florida Department of Transportation by rule (authority: subsection 163.3180(10), F.S. as amended by Section 5, Ch. 2005-290, Laws of Florida); For roads on the Florida Intrastate Highway System (FIHS) as defined in section 33~.001,Florida Statues, as i~ may be amended from time to time, Proposed Ordinance #2006-47 Page 18 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 the Level of Service Standard shall be the standard establjshed by the Florida Department of Transportation (FDOT) by rule (authority: subsection 163.3180(10), F.S. as amended by Section 5, Ch. 2005-290, Laws of Florida); For roads funded in accordance with section 339.2819, Florida Statutes, "Transportation Regional Incentive Program" (TRIP) created by Section 12, Ch. 2005-290, Laws of Florida, the Level of Service Standard shall be the standard that is adopted by rule by the Florida Department of Transportation (FDOT) (authority: subsection 163.3180(10), F.S. as amended by Section 5, Ch. 2005-290, Laws of Florida); For all other roads on the State Highway System, the Level of Service Standard shall be the standard in the Transportation Element of the adopted Comprehensive Plan of the local government jurisdiction within which the road link or intersection is located. In the unincorporated area of St. Lucie County, roads on the State Highway System that are not on the SIS, FIHS, or TRIP, and that do not have a level of service in the adopted St. Lucie County Comprehensive Plan, as it may be amended "from time to time, shall be evaluated for concurrency management purposes to ensure that traffic does not exceed the maximum service volume for the affected link or intersection at Level of Service E (authority: subsection 163.3180(10), F.S. as amended by Section 5, Ch. 2005-290, Laws of Florida); For state and local roads and intersections in incorporated municipalities and for roads in other counties that are impacted by development approved in the unincorporated area of St. Lucie County, and that are not on the,SIS, FIRS, or TRIP, the Level of Service will be maintained in accordance with the more restrictive of the standards in the affected local government's adopt~d Comprehensive Plan, or adopted Concurrency Management System. To the extent possible, St. Lucie County will work with the MPO, the City of Fort Pierce, the City of Port St. Lucie, the City of St. Lucie Village,ßnd adjacent local governments to create memoranda of understanding and/or interlocal agreements to facilitate communication, coordination, and effective implementation of transportation concurrency management (authority: subsection 163.3180(10), F.S. as amended by Section 5, Ch. 2005-290, Laws of Florida); For county maintained roads and intersections within unincorporated St. Lucie County, the Level of Service Standard shall be the standard adopted in the Transportation Element of the St. Lucie County Comprehensive Plan, as it may be amended from time to time. For roads and intersections having a Level of Service Standard adopted by the Metropolitan Planning Organization that is different from the Level of Service Standard in the adopted St. Lucie County Comprehensive Plan, the more restrictive Level of Service Standard shall apply. For arterial and collector roads that have no Level of Service Standard in the either Transportation Element of the Proposed Ordinance #2006-47 Page 19 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 B. Drainage: 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 adopted St. Lucie County Comprehensive Plan, or the àdopted Metropolitan Planning Organization Long Range Transportation Plan, the Level of Service Standard for concurrency management evaluations shall be LOS E (authority: subsection 163.3180(10), F.S. as amended by Section 5, Ch. 2005-290, Laws of Florida); Developments that proposed privately owned/maintained arterial or collector roads shall be evaluated for the functionality and safety of those roads, which shall be required to operate at a Level of Service Standard no lower than LOS E. The extension of public right of way, roads, , multipurpose trails, or other public transportation systems through a development project shall not be interrupted by the insertion within the public system of one or more privately owned or maintained links. Before determining the maximum service volume permitted on a road link, the link will be classified in accordance with FDOT criteria as rural, transitional, or urban, except that for roads that are not on the SIS, FIHS, , or TRIP proposed or committed development may be considered by the Growth Management Director using the proposed site plan and road cross sections and the latest US Census housing vacancy rates and average household size to determine whether or not an affected road link should be classified rural, transitional, or urban. The capacity of intersections shall be determined in accordance with the procedures published in the latest edition of the Highway Capacity Manual. In the event of a dispute the Growth Management Director shall make the final determination. The only remedy available to an aggrieved party is to first confer with the Growth Management Director, and if the disagreement persists appeafthe decision of the Growth Management Director as provided in Section 11.11.00 of the St. Lucie County Land Development Code, as it may be amended from time to time (authority: subsection 163.3180(10), F.S. as amended by Section 5, Ch. 2005-290, Laws of Florida). Stormwater management systems shall not be designed or built so as to be inconsistent with the standards in Capital Improvements Element, Policy 11.1.1.14, St. Lucie County Comprehensive Plan, nor with the below standards: 1. No land development will be designed or constructed in a manner that is not consistent with the adopted standards of the South Florida Water Management District, and of the Water Control District havingjurisdiction over the development's discharge. 2. For residential and nonresidential subdivisions, the building pads shall be elevated above the 100-year, 72-hour, zero discharge storm event; and the outside edge of the traffic lanes of local streets will be set no lower than the lO-year, 24-hour storm event; and stormwater retention/detention facilities shall be designed with no less than a 25-year, 72-hour storm event. Proposed Ordinance #2006-47 Page 20 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 C. Potable Water: 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 3. Development plans shall be evaluated to determine that the adjacent properties are not flooded as a result of proposed development, and that the design-storm capacity of conveyance systems through the proposed development site and off-site are not exceeded. 4. Specific Facility Design Storms: a. Bridges: lOO-year-24 hour b. Canals, ditches or culverts for drainage external to a proposed development: 25-year, 24-hour c. Cross drains, storm sewers: 1O-year,24-hour d. Roadside swales for drainage internal to the development: 10- year, 24-'hour e. Detention basins: 25-year, 72 hour f. Retention basins (no positive outfall): lOO-year, 24-hour 5. Prior to the approval of a final development order by St. Lucie County, applicants shall be required to submit to the Director of Growth Management, or his/her designee, copies of applications for appropriate permits from state agencies to comply with the rules and regulations for stormwater facility design, performance and discharge. 6. Prior to approval of constructible site engineering plans, projects shall be required to submit to the County Engineer; or his/her designee, appropriate permits from state' agencies to comply' with the rules and regulations for stormwater facility design, performance and discharge. Water well and treatment capacity availability are to be defined by potable water service provider or through the issued individual well permit, and shall not be inconsistent with Capital Improvements Element~ Policy 11.1.1.15, of the adopted St. Lucie County Comprehensive Plan, as it may be amended from time to time. In the unincorporated area of St. Lucie County, the standard for level of service for Category A Public Facilities, County Potable Water Systems, shall not be less than 110 gallons per capita per day; and shall be consistent with the higher of the actual peak period demand reported by the South Florida Water Management District or by the water supplier based on the latest and best available data, information, and analysis at the time the application for approval of a land development project is received by the county. Required fire flow shall be added for the purpose of designing water distribution and pumping systems within the unincorporated area. Fire flow requirements shall be established by the St. Lucie County Fire District, and water systems shall be required to demonstrate adequate fire flow by providing such flow tests and other engineering documentation as the Fire District may prescribe. No Development Order or Development Permit shall be issued fg.r any Proposed Ordinance #2006-47 Page 21 of 46 AMENDED_CHAPTERS_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 application that is subject to review pursuant to the requirements of this , Chapter V, unless the St. Lucie County Fire District approves the application for the provision of adequate fire flow, or for an alternative means acceptable to the Fire District for providing fire protection. The provider of water service shall certify by letter that the necessary facilities and treàtment capacity are available to the site of a proposed development no later than the date of issuance of a Certificate of Occupancy Or its functional equivalent. (Reference, Sec. 163.3180(2)(a), Florida Statutes as'amended by Chapter 2005-290, Laws of Florida). D. Sanitary Sewer: Plant treatment capacity availability is to be defined by sanitary sewer service provider or through the issued septic tank permit - Capital Improvements Element, Policy 11.1.1.18, of the adopted St. Lucie County Comprehensi ve Plan, as it may be amended from time to time. The provider shall certify by letter that the necessary facilities and treatment capacity are available to the site of a proposeçt çlevelopment no later than the date of issuance of a Certificate of Occupancy or its functional equivalent. (Reference, Sec. 163.3180(2)(a), Florida Statutes as amended by Chapter 2005-290, Laws of Florida). Demand for sewage treatment for concurrency management capacity , calculations and system design shall not be less than 130 gallons per day per capita. E. Solid Waste: The Levels of Service for solid waste facilities are: 1. 9.31 pounds of solid waste per capita per day available delivery and storage capacity to"the County Landfill; 2. Seven years of permitted landfill disposal capacity when current fill rates are used to obtain the necessary disposal capacity to accommodate existing, committed, and proposed development; 3. Thirty years of landfill raw land capacity when current fill rates are applied to obtain the cumulative thirty-year capacity required to accommodate existing, committed, and proposed development. (Reference: St. Lucie County Comprehensive Plan, Capital Improvements Element, Policy 11.1.1.7) Pursuant to the requirement of the adopted St. Lucie County Comprehensive Plan, Capital Improvements Element Policy 11.1.1.27, the County shall continue to require new development to meet level of service standards for both on and off-site improvements, including local streets, water and sewer connection lines, stormwater management facilities, and open space. Proposed Ordinance #2006-47 Page 22 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 . 5.06.02 CERTIFICA TE OF CAPACITY BASED ON DEVELOPER FUNDING OF COSTS AND EXPENSES FOR ALL REQUIRED IMPROVEMENTS A Certificate of Capacity may be issued subject to the provision of public facilities by the applicant at the applicant's own expense provided that: A. The issuance of any Building permit, when no Development Order is required, or Final Development Order, when a Development Order is required, is conditioned upon the funding of such public facilities; and B. Prior to the issuance of a Building permit or Final Development Order, the County and the applicant enter into a legally enforceable Proportionate Fair Share Agreement and/or Development Agreement, in which the owner/developer agrees to pay the entire cost of all required improvements, or the owner/developer agrees to pay the proportionate share of cost attributable to the proposed development as provide herein, or to construct the improvements entirely at his/her own ·cost and expense in accordance with terms acceptable to the county, which terms shall include bu.t not be limited to: the improvements to be built, cost estimates, timing of construction and'expenditures, developer financial guarantees of performance and maintenance, and penalties for failure to perform in accordance with the agreement. The County Attorney shall review all such agreements, and shall determine that they are legally enforceable before they are presented to the Board of County Commissioners for approval. c.. No Proportionate Fair-Share Agreement or Development Agreement shall be amended by the applicant, or by any agency, except by application by the applicant, or by a government agency desiring an amendment, to the Director of Growt~ Management to amend the Agreement, which application shall be reviewed by the Development Review Committee created by Section 12.09.00 of the St. Lucie County Land Development Code, and which application shall be . properly noticed and heard by the Planning and Zoning Commission and the Board of County . Commissioners, when required through the same process established by the St. Lucie County Land Development Code for amendment of the application with which the Development Agreement is associated. Government agencies desiring an amendment may submit their proposals under cover of a memorandum, if the agency is a county agency, or a letter of request, if the agency is not a county agency, with appropriate supporting analysis, conclusions, options, and recommendations, Independent negotiations of changes in Proportionate Fair-Share Agreements or Development Agreements with individual agencies outside of the process established in this subsection 5.06.02, C, are hereby prohibited. Such Agreements shall not be amended by other agreements required, authorized, or otherwise permitted by state law and thïs code. Reviewing agencies are required to address their concerns through the interagency review processes established by the St. Lucie County Land Development Code for review by the Development Review Committee, and shall not postpone their participation to a time after the development proposal is approved. The Director of Growth Management shall determine whether an amendment to a Proportionate Fair-Share Agreement or a Development Agreement is a Minor Amendment or a Major Amendment. Changes to approved development standards not specifically classified by the St. Lucie County Land Development Code as Minor Amendments; changes to any list of permitted land uses, buffering, or minimum building separation; and changes to the amount of developer contr!butions and mitigation of impacts, and any proposed change not classified by the Director Proposed Ordinance #2006-47 Page 23 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 of Growth Management as a minor amendment, shall not be considered Minor Amendments: and. ' shall not be processed as Minor Amendments. The County Attorney shall review all proposed amended Proportionate Fair-Share Agreements and all proposed amended Development Agreements for legal sufficiency, and ensure that they are legally enforceable before they are resented to,the Board of County Commissioners for approval. Separate agreements that are not titled Proportionate Fair-Share Agreements or Development Agreements shall not be inconsistent with the approved Proportionate Fair-Share Agreement and Development Agreement, and shall not be used to amend an approved Proportionate Fair Share Agreement or Development Agreement outside of the process herein established, 5.06.03 MEASUREMENT OF ROAD CAPACITY The Florida Department of Transportation (FDOT) Tables of Generalized Daily, Peak Hour, and Peak Hour/Peak Direction Level-of-Service Maximum Volumes will be used to detennine initial highway, road and street capacities. The measurement of capacity may also be detennined by substantiation in the fonn of engineering studies signed by a licensed Professional Engineer. Traffic analysis techniques must be professionally acceptable and justifiable as detennined by the Director of Growth Management. For Large Development Projects as herein defined (70% or more of the Development of Regional Impact thresholds in effect on the effective date of this ordinance), the County may required monitoring and modeling, as defined in Section 380.06, Florida Statutes, and appropriate phasing of development or development impacts to implement monitoring and modeling. Development claiming an internal trip capture rate of 25% or more shall be required to be phased in tenns of development units (dwelling units, site area, and/or square feet building area).or in terms of trips generated, and shall perfonn monitoring and modeling with successful results (no LOS failures) before it moves on to the next phase of development. Development claiming internal trip capture rates over 15% shall be required to justify the higher internal trip capture rate with a professionally acceptable analysis sealed by a Florida ~icensed Professional Engineer with expertise in traffic or transportation engineering, which analysis is required to be r~viewed and accepted by the Growth Management Director, or his/her designee. The applicant shall pay the cost of any professional engineering/planning consultant hired by the county to review the required internal capture rate study. All other applications may be required to justify internal trip capture rates, and to perform monitoring and modeling at the discretion of the Director of Growth Management, or his/her designee. 5.06.04 REQUIRED DETERMINATION FOR ROADS A. Prior to the issuance of a Certificate of Capacity for a proposed development, the following findings shall be made: 1. That the proposed development will not create a Deficient Road Segment or intersection, or place trips on a Deficient Road Segment or intersection, or, 2. That the proposed development will create a Deficient Road Segment or intersection, or place trips on a Deficient Road Segment or intersection, and either: Proposed Ordinance #2006-47 Page 24 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 a. The necessary road improvements to provide the capacity necessary to ensure the ådopted 2 level of service will be maintained, are under construction, or will be under construction during 3 the fiscal year the application for a Certificate of Capacity is made; or, 4 5 b. The necessary road improvements to provide the capacity necessary to ensure the adopted 6 level of service will be maintained are the subject of an executed contract for the commencement 7 of construction of the facilities during the fiscal year the application for a Certificate of Capacity' 8 is made; or, 9 10 c. The necessary road improvements to provide the capacity necessary to ensure the adopted' 11 level of service will be maintained have been included in the first three years of the Five Year 12 Capital Improvements Program in the adopted Capital Improvements Element of the St. Lucie 13 County Comprehensive Plan, as it may be amended from time to time; or, 14 15 d. The necessary road improvements to provide the capacity necessary to maintain adopted 16 level of service have been included in the first three (3) years of FDOT's five (5) year work 17 program for state roads; or, 18 19 e. The road improvements necessary to accommodate all transportation impacts of the 20 proposed development are provided for in an enforceable Development Agreement approved by 21 the Board of County Commissioners; or, 22 23 f. The road and/or other transportation system improvements necessary to accommodate all 24 transportation impacts of the proposed development, except for a Development of Regional 25 Impact, are provided for in a legally enforceable Proportionate Fair Share Agreement providing 26 additional funding from the owner/developer for road, intersection,' and/or other transpòi1:ation 27 system improvements that are included in years four and five of the Five- Year Capital 28 Improvements Program in the adopted St. Lucie County Comprehensiv~ Plan, or that are to be 29 included in the next update of the Five- Year Capital Improvements Program in the adopted St. 30 Lucie County Comprehensive Plan pursuant to the terms of an adopted Proportionate Fair Share 31 Agreement. 32 33 g. All transportation impacts of the proposed develòpment can be accommodated with road 34 improvements ensured through methods a - e, and the provisions of this sub-section or secured 35 through an enforceable Development Agreement approved by the Board of County 36 Commissioners, consistent with the provisions of state law and Chapter V of the St. Lucie 37 County Land Development Code regarding such agreements; (Reference: subsection 38 163.3180(2)(c), Florida Statutes, as amended by Section 5, Chapter 2005.,.290, Laws of Florida. 39 Traffic systems management, and traffic demand management are not necessarily facilities, but 40 temporary operational measures that improve efficiency, and do not increase capacity. Mass 41 transit is a separate transportation system that is not fully developed in St. Lucie County, and is 42 unlikely to be developed with the necessary facilities and headways to result in a significant shift 43 from automobile travel in the next fifteen to twenty years, absent a significant shortage of 44 gasoline, and for which the legally required Level of Service Standard has not been 45 professionally studied and established. Therefore, mitigation of traffic impacts by the provision 46 of proposed transit services or system improvements shall be evaluated on a case by case basis 47 by the county using professionally acceptable methodology to determine the actual impact of the 48 proposed transit services or improvements in increasing system capacity or; Proposed Ordinance #2006-47 Page 25 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 h. The proposed development is a government facility which theBoard of County Commissioners finds is essential to the health or safety of persons residing in or using previously approved or existing developmentandincreases the level of service for several public facilities. B. The impact of proposed development on roads shall be determined as follows: (Note, Reference: Section 163.3180(6), Florida Statues, as amended by Section 5, Chapter 2005- 290, Laws of Florida. The impacts exempted bý tlìe existing code should be regulated because they would most likely be classified as de minimis, and would be subject to the impact measurement, accounting, limitations, and reporting requirements of state law. It should not be exempt from a determination that it does not place trips on a deficient road segment, nor exempt from a determination that it does not create a deficient road segment. To the extent any development exempted by this section is not de minimis, Section 163.3180, F.S. requires an accounting of its impacts, and concurrency.) 4:- The County shall dètermine the impact of development on Regulated RoadsfQr all proposed development Which will generate 30 or more average daily trips, as detenTIined by the latest generalized trip generation rates of the Institute of Transportation Engineers, or locally determined trip generation rates for the specific development proposal. 5.07 PROPORTIONA TE FAIR SHARE TRANSPORT A TION IMPACT MITIGATION A. APPLICABILITY OF PROPORTIONA TE FAIR SHARE The Proportionate Fair-Share Program shall apply to all developments in St. Lucie County that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation, facility in the St. Lucie County Concurrency Management System (CMS), including transportation facilities maintained by FDOT or another'jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of Section 5.07, B. Proportionate Fair Share pursuant to this Section 5.07 of the St. Lucie Couhty Land Development Code is only available to create a "pay as you go" program to accelerate the completion of improvements needed to meet transportation concurrency requirements for an affected land development application when the necessary improvements are already programmed in the 5-year Capital Improvements Program of the adopted St. Lucie County Comprehensive Plan, or when the County agrees to obligate itself to provide the additional needed funding, accept a proportionate fair share contribution, and to add the improvements tÖ the adopted Five Year Capital Improvements Program in the St. Lucie County Comprehensive Plan at the next available regularly scheduled Five Year CIP update as part of a legally enforceable Development Agreement, approved in accordance with the procedures established for such agreements by State Law and by this Chapter V, as they may be amended from time to time, or when the county agrees to make one or more improvements to the transportation system in accordance with subsection 5.07, B, 2, b, without any further obligation of county funds. The Proportionate Fair..; Share Program does not apply to Developments of Regional Impact (DRls) using proportionate fair-share under §163.3180(12), F.S., or to developments exempted from concurrency as provided in Chapter V of the St. Lucie County Land Development Code, as it may be amended from time to time. Proposed Ordinance #2006-47 Page 26 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 B. 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 GENERAL REQUIREMENTS FOR PROPORTIONATE FAIR SHARE 1. An applicant may choose to satisfy the transportation concurrency requirements of S1. Lucie County by making a proportionate fair-share contribution, pursuant to the following requirements: a'. The proposed development is consistent with the comprehensive plan, zoning, and applicable land development regulations. b.The five-year schedule of capital improvements in the S1. Lucie County Comprehensive Plan Capital Improvements Element (Crn) includes a transportation improvement(s) that, upon completion, will satisfy the requirements of the St. Lucie County transportation CMS. The provisions of Section 5.07, B(2) may apply if a . project or projects needed to satisfy concurrency are not presently contained within the adopted S1. Lucie County Comprehensive Plan crn 5-year Capital Improvements Program. . 2. S1. Lucie County may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by contributing to an improvement that, upon completion, wi1l satisfy the requirements of the S1. Lucie County transportation CMS, but is not contained in the five-year schedule of capital improvements in the crn or a long- term schedule of capital improvements for an adopted long-term CMS, where the following apply: a.. The County ,adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the crn no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the S1. Lucie County Development Review Committee, and determined to be financially feasible pursuant to §163.3180(16) (b) 1, F.S., consistent with the comprehensi ve plan, and in compliance. with the provisions of Chapter V of the S1. Lucie County Land Development Code, as they may be amended from time to time. Financial feasibility for this section means that additional contributions, payments or funding sources identified by and acceptable to the county are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation fåcilities. b. If the funds allocated for the five-year schedule of capital improvements in the S1. Lucie County adopted Comprehensive Plan crn, CIP, are' insufficient to fully fund construction of a transportation improvement required by the CMS, the County may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. Proposed Ordinance #2006-47 Page 27 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 2 3 4 5 6 3. 7 8 9 10 11 4. 12 13 14 15 16 17 18 19 20 The improvement or impròvements funded by the proportionate fair-share component must be adopted into the five-year capital improvements schedule of the comprehensive plan at the next annual capital improvements element update. Any improvement project proposed to meet the developer's fair-share obligation must meet design standards of the County for County maintained roadways and those of the FDOT for the state highway system. When improvements are required on an impacted City transportation facility, the designstapdards of the affected City shall be used for improvements on City maintained roads. Intergovernmental Coordination: Pursuant to policies in the Intergovernmental Coordination Element of the St. Lucie County adopted comprehensive plan and applicable policies in the adopted plan of the Treasure Coast Regional Planning Council, as they may be amended from time to time, St. Lucie County shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. An interlocal agreement, or a Memorandum of Understanding may be established with other affected jurisdictions for this purpose, and an appropriate agreement or Memorandum of Understanding may also be established for this purpose with the FDOT. 21 C. Application Process 22 1. Upo,n notification of a lack of capacity to satisfy transpo.rtation concurrency, the applicant 23 shall also be notified in writing of the opportunity to satisfy transportation concurrency 24 through the Proportionate Fair-Share Program pursuant to the requirements of Secti,on 5.07, 25 B. 26 27 2. Prior to submitting an application for a proportionate fair-share agreement, a pre- 28 application meeting shall be held to discuss eligibility, application submittal requirements, 29 potential mitigation options, and related issues. If the impacted facility is on the FIHS or 30 SIS, then the FD~:>T will be notified and invited to participate in the pre-application meeting. 31 FDOT will also be notified of impacts on non-SIS/FIHS state roads, and FDOT will be 32 invited to participate in pre-application meetings regarding mitigation on these state facilities 33 as well, unless FDOT declines to participate in these discussions. 34 35 3. Eligible applicants shall submit an application to the St. Lucie County Department of 36 Growth Management that includes an application fee to be established by Resolution of the 37 Board of County Commissioners, which fee shall be periodically updated, and the following: 38 (a) Name, address and phone number of owner(s), developer and agent; 39 (b) Property location, including parcel identification numbers; 40 (c) Legal description and survey of property; Proposed Ordinance #2006-47 Page 28 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 (d) Project description, including type, intensity and amoûnt of development; 2 (e) Phasing schedule, if applicable; 3 (f) Description of requested proportionate fair-share mitigation methodes); and 4 (g) Copy of concurrency application. 5 6 4. The Director of GrQwth Management, or his/her designee, shall review the application 7 and certify that the application is either complete or incomplete within 10 business days. 8 A determination of insufficiency (that the application does not contains all of the 9 necessary information in a form that is professionally acceptable and allows independent 10 review) can be made at any time during the application review. If a finding of 11 insufficiency is made, the time required by the Land Development Code to complete the 12 review shall be tolled until the application is found to be sufficient by the Director of 13 Growth Management or his/her designee. In the case of a serious deficiency, the review 14 time may be reset to the beginning of the maximum mandated review period.' 15 16 If an application is determined to be insufficient, incomplete or inconsistent with the 17 general requirements of the Proportionate Fair-Share Program as indicated in Section B, 18 then the applicant wíll be notified in writing of the reasons for such deficiencies within 19 two working days of the date of the determination of incompleteness or insufficiency. If 20 such deficiencies are not remedied by the applicant within 30 days of receipt of the 21 written notification, then the application wíll be deemed abandoned. The Director of 22 Growth Management may, in hislher sole discretion, grant an extension of time not to 23 exceed 60 days to cure such deficiencies, provided that the applicant has shown good 24 cause for the extension and has taken reasonable steps to effect a cure. Should the 25 Director of Growth Management, or his/her designee, deny a request for an extension, the 26 denial may be appealed to the Board of County Commissioners using the procedure 27 established in Section 11.11.00 of the St. Lucie County Land Development Code, as it 28 may be amended from time to time. 29 30 5. Pursuant to §163.3180(16) (e), F.S., proposed proportionate fair-share mitigation for 31 development impacts to facilities on the SIS requires the concurrence of the FDOT. The 32 applicant shall submit evidence of an agreement between the applicant and the FDOT for 33 inclusion in the proportionate fair-share agreement. 34 35 6. When an application is deemed sufficient, complete, and eligible, the applicant shall be '36 advised in writing and a proposed proportionate fair-share obligation and binding 37 agreement wíll be prepared by the applicant using a standard form published by the 38 Director of Growth Management and approved as to legal sufficiency by the County 39 Attorney and delivered to the Department of Growth Management with the number of 40 copies required for review by the Director of Growth Management or his/her designee, 41 including a copy to the FDOT for any proposed proportionate fair-share mitigation on a 42 SIS facility, no later than 60 days from the date at which the applicant received the 43 notification of a sufficient application and no fewer than 20 working days prior to the 44 Development Review Committee meeting when the agreement will be considered, 45 whichever occurs first. The proposed agreement shall be processed with the application Proposed Ordinance #2006-47 Page 29 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 for approval of a d~velopment order, in accordance with the procedure established by the 2 Land Development Code for the type of application being processed. Except that 3 agreements are contracts that must be approved by the Board of County Commissioners, 4 and the agreement must be processed to the Board of County Commissioners for their 5 approval, even though the accompanying development application is otherwise exempt 6 from review by the Board of County Commissioners. Upon a recommendation of 7 approval by the Development Review Committee (DRC), the Growth Management 8 Director will receive the DRC recommendations within three working days of the date of 9 the DRC meeting. The Growth Management Director will cause the preparation of an 10 agenda item, with a staff report and proposed amended agreement that includes any 11 proposed modifications to the Development Agreement recommended by the 12 Development Review Committee, the Growth Management Director, and the County 13 Attòmey. The agenda item will be scheduled for hearing by the appropriate hearing body 14 (Planning and Zoning Commission or Board of County Commissioners) based on the 15 next step in the application review process for the application that is supported by the 16 agreement. The proposed agreement will be submitted simultaneously with the agenda. 17 item for the consideration of the approval of the project which the agreement supports, 18 except in cases where modifications to a previously approved agreement are being , 19 considered with no corresponding amendments to the proposed land development, or the 20 adoption hearing for the agreement following its review by the State Land Planning 21 Agency. 22 23 7. The Director of Growth Management, or his/her designee, shall notify the applicant 24 regarding the dates of the Planning and Zoning Commission and Board of County 25 Commissioners meeting(s) when the agreement will be considered. No proportionate fair- 26 ,share agreement will be effective until approved by 'the Board of County Commissioners. 27 28 D. Determining Proportionate Fair-Share Obligation 29 1. Proportionate fair-share mitigation for concurrency impacts may include, without 30 limitation, separately or collectively, private funds, contributions of land, and construction 31 and contribution of facilities. [Note: This language is as provided in §163.3180 (16) (c), 32 F.S.]. 33 2. A development shall not be required to pay more than its proportionate fair-share. The 34 fair market value of the proportionate fair-share mitigation for, the impacted facilities shall 35 not differ regardless of the method of mitigation. [Note: This language is as provided in 36 §163.3180 (16)(c), F.S.] 37 3. The methodology used to calculate an applicant's proportionate fair-share obligation shall 38 be as provided for in Section 163.3180 (12), F. S., as follows: 39 "The cumulative number of trips from the proposed development expected to reach 40 roadways during peak hours from the complete build out of a stage or phase being 41 approved, divided by the change in the peak hour maximum service volume (MSV) of 42 roadways resulting from construction of an improvement necessary to_maintain the Proposed Ordinance #2006-47 Page 30 of 46 AMENDED_CHAPTER5:-SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 adopted LOS, multiplied by the construction cost, at the time of developer payment, of 2 the improvement necessary to maintain the adopted LOS." 3 OR 4 Proportionate Fair-Share = 2][(Development Trips¡) / (SV Increase¡)] x Cost¡] 5 6 Where: 7 Development Trips¡ = Those trips from the stage or phase of development under review 8 that are assigned to roadway segment "i" and have triggered a 9 deficiency per the CMS; 10 SVlncrease¡ = Service volume increase provided by the eligible improvement to 11 roadway segment "i" per section E; 12 Cost¡ = Adjusted cost of the improvement to segment "i". Cost shall 13 ' include all improvements and associated costs, such as design, 14 right-of-way acquisition, planning, engineering, inspection, and 15 physical development .costs directly associated with construction at 16 the anticipated cost in the year it will be incurred. 17 184. For the purposes of determining proportionate fair-share obligations, the Director of 19 Growth Management shall determine improvement costs based upon the actual cost of the 20 improvement as obtained from the five year Capital Improvements Program in the adopted 21 Comprehensive Plan Capit.al Improvements Element,. the MPOrrIP or the FDOT Work 22 Program. Where such information is not available, improvement cost shall be determined 23 using one of the following methods: 24 a. An analysis by the Director of Growth Management, or his/her designee, of 25 costs by cro~s section type that incorporates data from recent projects and is 26 updated annually and based upon actual cost data supplied by the Director of 27 Public Works, or his/her designee. In order to accommodate increases in 28 construction material costs, project costs shall be adjusted by the inflation factor 29 currently in use by the Florida Department of Transportation, unless the County 30 Engineer or Director of Public Works prescribe a different inflation factor; or 31 b. The most recent issue of FDOT Transportation Costs, (incorporated herein by 32 reference) 'as adjusted based upon the type of cross-section (urban or rural); 33 locally available data from recent projects on acquisition, drainage and utility 34 costs; and significant changes in the cost of materials due to unforeseeable evènts. 35 Cost estimates for state road improvements not included in the adopted FDOT 36 Work Program shall be determined using this method in coordination with the 37 FDOT District. 38 5. If the County Engineer has accepted and approved an improvement project proposed by 39 the applicant, then the value of the improvement shall be determined using one of the 40 methods provided in this section, unless the applicant's engineer ,has presented a signed and 41 sealed cost estimate for the pn;>pos,ed construction, which cost estimate has been reviewed 42 and approved by the CountY Engineer, which approved cost estimate (including any Proposed Ordinance #2006-47 Page 31 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 necessary adjustments for inflation) shall then be the basis for determining the value of the 2 improvement. 3 6. If St. Lucie County has accepted right-of-way dedication for the proportionate fair-share 4 payment, credit for the dedication of the non-site related right-of-way shall be valued on the 5 date of the dedication at 120 percent of the most recent assessed value by the County 6 ,property appraiser or, at the option of the applicant, by fair market value established by an 7 independent appraisal approved by the St. Lucie County Right-of-Way Acquisition Program 8 staff and at no expense to St. Lucie County. The applicant shall supply a drawing and legal 9 description of the land and a certificate of title or title search of the land to the Director of 10 Growth Management, or his/her designee, at no expense to the St. Lucie County. If the 11 estimated value of the right-of-way dedication proposed by the applicant is less than the 12 County estimated total proportionate fair-share obligation for that development, then the 13 applicant shall also pay the difference. Prior to purchase or acquisition of any real estate or 14 acceptance of donations of real estate intended to be used for the proportionate fair-share, 15 public or private partners should contact the FDOT for essential information about 16 compliance" ,with federal law and regulations. The applicant shall provide the County 17 Engineer with a Phase I environmental assessment of the right of way proposed to be 18 dedicated to the county. The right of way shall not be accepted until the County Engineer 19 approves the Phase I environmental assessment, and reports that the property is suitable for 20 use as county right of way. 21 22 E. Impact Fee Credit for Proportionate Fair-Share Mitigation 23 1. Proportionate fair-share còntributions shall be applied as a credit against impact fees to 24 the extent that all or a'portion of the proportionate fair-share mitigation is used to address the 25 same capital infrastructure improvements contemplated by the local government's impact fee 26 ordinance. 27 2. Impact fee credits for the proportionate fair-share contribution will be determined when 28 the transportation impact fee obligation is calculated for the proposed development. Impact 29 fees owed by the applicant will be reduced per the Proportionate Fair-Share Agreement as 30 they become due per the St. Luc,ie County Impact Fee Ordinance, as it may be amended from 31 time to time. If the applicant's proportionate fair-share obligation is less than the 32 development's anticipated road impact fee for the specific stage or phase of development 33 under review, then the applicant or its succe~sor shall also pay the remaining impact fee 34 amount to St. Lucie County pursuant to the requirements of the St. Lucie County impact fee 35 ordinance. 36 J. Major projects not included within the local government's impact fee ordinance or 37 created under Section 5.07, B. (2) (a) and (b) which can demonstrate a significant benefit to 38 the impacted transportation system may be eligible at the local government's discretion for 39 impact fee credits. Proposed Ordinance #2006-47 Page 32 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 4. The proportionate fair-share obligation is intended to mitigate the transportation impacts 2 of a proposed development at a specific location. As a result, any road impact fee credit ' 3 based upon proportionate fair-share contributions for a proposed development may only be 4 applied toward the construction of another improvement within that same corridor or sector 5 that would mitigate the impacts of development pursuant to the requirements of Section 5.07. 6 B. 2. b. 7 8 F. Proportionate Fair-Share Agreements 9 1. Upon execution of a proportionate fair-share agreement (Agreement) the applicant shall 10 be entitled to receive a St. Lucie County Letter of Capacity Reservation, and upon project 11 approval and issuance of a Development Order, the applicant shall receive a Certificate of 12 Capacity from the Director of Growth Management, or his/her designee. Except as otherwise 13 provided in Section 5.08.04.B of this Chapter, as it may be amendéd from time to time, 14 should the applicant fail to apply for a building permit within 36 months of the execution of 15 the Agreement, or obtain an extension of the 36 month time period as provided in the St. 16 Lucie County Land Development Code, except for subdivisions, the Certificate of Capacity 17 shall be considered null and void, and the applicant shall be required to reapply. For 18 subdivisions, the Certificate of Capacity shall- be vested once site work is commenced and 19 major subdivision improvements are lawfully installed or under construction, or when 20 required improvements are secured by a developer's unexpired financial guarantee in 21 accordance with this Land Development Code and the plat is recorded. This section shall 22 not waive any other requirements of Chapter V for new concurrency tests that developers 23 may be obligated to provide as a result of the passage of time. Should a subdivision project 24 be abandoned, so no improvements are made for a three year period of time in th~ 25 construction of necessary subdivision infrastructure, and the subdivision development order 26 is expired, then the Certificate, of Capacity for the subdivision shall also expire. In cases 27 where an applicant has consistently and reasonably pursued construction and issuance of a 28 building permit has been delayed as a result of an act of God (such as a hurricane or tornado), 29 or by delays in issuance of state or federal agency permits that are not the result of actions of 30 the applicant, the applicant may submit by letter to the Director of Growth Management a 31 request for a twelve month extension of the expiration date of the 36 month Certificate of 32 Capacity. The Director of Growth Management or his or her designee shall require 33 substantiation of the applicant's efforts to diligently and without unreasonable delay pursue 34 permitting and construction, and shall submit the documentation along with staff 35 recommendations to the Board of County Commissioners for their consideration for 36 approval, approval with conditions, or denial of the requested extension. The Director of 37 Growth Management or his/her designee shall confer with other departments and state and 38 federal agencies as necessary to develop a complete and well-documented report to the Board 39 of County Commissioners. 40 2. Payment of the proportionate fair-share contribution is due in full prior to issuance of the 41 final development order or recording of the final plat and shall be non-refundable, unless a 42 development order is abandoned following approval of an applicant's formal request to 43 rescind approval of the applicant's preliminary or final development order, or the application 44 êxpires, or the development order expires and the funds paid for the proportionate fair share 45 contribution, including any impact fee credits, have not been used for their intended purpose, Proposed Ordinance #2006-47 Page 33 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 and no development has occurrèd on the applicant's proposed development site. When a 2 development is abandoned, as noted in the previous sentence, impact fees may be refunded in 3 accordance with the provisions of the County Impact Fee Code regarding refunds of impact 4 fees, and additional impact mitigation may be refunded following approval by the County of 5 the requested abandonment, or expiration of a development order under the conditions listed 6 in the previous sentence. If the payment is submitted more than 12 months from the date of 7 execution of the Agreement, then the proportionate fair-share cost shall be recalCulated at the 8 time of payment based on the best estimate of the construction cost of the required 9 improvement at the time of payment, pursuant to Section 5.07, D, and adjusted 'accordingly. 10 3. All developer improvements authorized under this ordinance must be funded prior to 11 issuance of a development permit, or as otherwise established in a binding agreement that is 12 accompanied by a security. instrument that is sufficient to ensure the completion of all 13 required improvements. It is the intent of this section that any required improvements be 14 completed, or fully funded and scheduled for construction within the 5-year Capital 15 Improvements Program in the adopted Comprehensive. Plan, before issuance of building 16 permits or certificates of occupancy, as appropriate based upon other provisions of this Land 17 Development Code. 18 4. Dedication of necessary right-of-way for facility improvements pursuant to a 19 proportionate fair-share agreement must be completed prior to issuance of tþe final 20 development order or recording of the final plat. , '. 21 5. Any requested change to a development project subsequent to a development order may . 22 be subject to additional proportionate fair-share contributions to the extent the change would 23 generate additional traffic that would require mitigation. 24 6. Applicants may submit a letter to the Director of Growth Management to withdraw from 25 the proportionate fair-share agreement at any time prior to the execution of the àgreement. 26 The application fee and any associated advertising costs to St. Lucie County will be non 27 refundable. 28 7. St. Lucie County may enter into proportionate fair-share agreements for selected corridor 29 improvements to facilitate collaboration among multiple applicants on improvements to a 30 shared transportation facility. 31 8. No Proportionate Fair-Share Agreement or Development Agreement shall be amended by 32 the applicant, or by any agency, except by application by the applicant, or by a government 33 agency desiring an amendment, to the Director of Growth Management to amend the 34 Agreement, which application shall be reviewed by the Development Review Committee 35 created by Section 12.09.00 of the St. Lucie County Land Development Code, and which 36 application shall be properly noticed and heard by the Planning and Zoning Commission and 37 the Board of County Commissioners through the same process established by the St. Lucie 38 County Land Development Code for amendment of the application with which the 39 Development Agreement is associated. Government agencies desiring an amendment mây Proposed Ordinance #2006-47 Page 34 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 . submit their proposals under cover of a memorandum, if the agency is a county agency, or a 2 letter of request, if the agency is not a county agency, with appropriate supporting analysis, 3 conclusions, options, and recommendations. 4 5 Independent negotiations of changes in Proportionate Fair-Share Agreements or 6 Development Agreements with individual agencies outside of the process established in this 7 subsection 5.06"02, C, are hereby prohibited. Such Agreements shall not be amended by 8 other agreements required, authorized, or otherwise pennitted by state law and this code. 9 Reviewing agencies are required"to' address their concerns through the interagency review 10 processes established by the St. Lucie County Land Development Code for review by the ' 11 Development Review 'Committee, and shall not postpone their participation to a time after 12 the development proposal is approved. The Director of Growth Management shall detennine 13 whether an amendment to a Proportionate Fair-Share Agreement or a Development 14 Agreement is a Minor Amendment or a Major Amendment. Changes to approved 15 development standards not specifically classified by the St. Lucie County Land Development 16 Code as Minor Amendments; changes to any list of pennitted land uses, buffering, or 17 minimum building separation; and changes to the amount of develop~r contributions and 18 mitigation of impacts, and any proposed change not classified by the Director of Growth 19 Management as a minor amendment, shall not be considered Minor Amendments, and shall 20 not be processed as Minor Amendments. The County Attorney shall review all proposed 21 amended Proportionate Fair-Share Agreements and all proposed amended Development 22 Agreements for legal sufficiency, and ensure that they are legally enforceable before they are 23 presented to the Board of County Commissioners for approval. Separate agreements that are 24 not titled Proportionate Fair-Share Agreements or Development Agreements shall not be 25 inconsistent with the approved Proportionate Fair-Share Agreement and Development 26 Agreement, and shall not bé Üsed to amend an approved Proportionate Fair Share Agreement 27 or Development Agreement outside of the process herein established. 28 29 G. Appropriation of Fair-Share Revenues 30 31 1. Proportionate fair-share revenues shall be placed in the appropriate project account for 32 funding of scheduled"împrovements in the St. Lucie County adopted Comprehensive Plan 33 CIE, CIP, or as otherwise established in the tenns of the proportionate fair-share agreement. 34 At the discretion of the local govern~ent, proportionate fair-share revenues may be used for 35 operational improvements prior to construction of the capacity project from which the 36 proportionate fair-share revenues were derived. Proportionate fair-share revenues may also 37 be used as a ,local match for funding under the FDOT TRIP or any other eligible FDOT 38 program. 39 2. In the event a scheduled facility improvement is removed from the Five-Year Capital 40 Improvements Program in the adopted Comprehensive Plan Capital Improvements Element, 41 then the revenues collected for·its construction may be applied toward the construction of 42 another improvement within that same corridor or sector that would mitigate the impacts of 43 development pursuant to the requirements of Section 5.07, B, 2, b. Proposed Ordinance #2006-47 Page 35 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 I . Where an impacted regional facility has been designated as a regionally significant 2 transportation facility in an adopted regional transportation plan as provided in Section 3 339.155, Florida Statutes, then St. Lucie County may coordinate with other impacted 4 jurisdictions and agencies to apply proportionate fair-share contributions and public 5 contributions to seek funding for improving the impacted regional facility under the FDOT 6 TRIP. Such coordination shall be ratified by St. Lucie County through an interIocal 7 agreement that establishes a procedure for earmarking of the developer contributions for this 8 purpose. 9 3. In order to protect the public health, safety, and welfare, and to provide for the 10 convenience of the traveling public at least cost, an owner/developer may be required to 11 construct a transportation facility that is not budgeted in the Five- Year Capital Improvements 12 .. Program in the adopted Comprehensive Plan at a cost more than the Owner/Developer's 13 proportionate fair-share, or the Owner/Developer and the County may enter into a legally 14 enforceable developµlent agreement that requires the Owner-Developer to advance funds to 15 pay the costs of improvements covered by the Agreement in amounts greater than the 16 Owner/Developer's própÖrtionate fair-share. In the instance where the developer's 17 contribution results in full funding of the project, the project will be placed in the first three 18 years of the County's five-year CIP. In the instance where the project is dependent upon 19 funds that are not yet available (such as grants or a yet-to-be-created special district), the 20 project will be placed in year four or five of the 5-year CIP. In these cases where an 21 Owner/Developer is subjecuo the proportionate fair-share formula, but due to a lack of other 22 funding sources must contribute an amount in excess of the Owner/Developer's 23 proportionate fair share for new facilities, or critical improvements to existing facilities, St. 24 'Lucie County shall reimburse the excess contribution' to the Owner/Developer using one or 25 more of the following methods: - 26 a. An impact fee credit account may be established for the applicant in the amount of the 27 excess contribution, a portion or all of which may be assigned or reassigned under the terms 28 and conditions acceptable to St. Lucie County; or 29 b. An account may be established for the applicant for the purpose of reimbursing the 30 applicant for the excess contribution with p~oportionate fair-share payments from future 31 applicants on the facility, proportionate share costs due from other developments impacting 32 the new or improved facility will be calculated based on the capacity available before the 33 improvements were made; or 34 c. The county may compensate the applicant for the excess contribution through payment, 35 including impact fee reimbursement, or some combination of means acceptable to the county 36 and the applicant, and included in a Proportionate Fair-Share Agreement, or Development 37 Agreement. Proposed Ordinance #2006-47 Page 36 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 5.08.00 REVIEW OF DEVELOPMENT ORDERS 5.08.01 APPLICATION FOR CERTIFICATE OF CAPACITY A. Prior to receipt of a Final Development Order, all applicants shall receive approval of a Capacity Encumbrance Letter, a Certificate of Capacity Variance, or a Certificate of Capacity Exemption. B. Prior to receipt of a Preliminary Development Order, all applicants shall elect and receive approval of one of the following: 1. A Capacity Encumbrance Letter; or 2. A Certificate of Capacity Exemption; or 3. A Certificate of Capacity Variance; or C. A Concurrency Deferral Affidavit shall be provided for those Preliminary Development Orders where no reservation of capacity is requested or pmvided. 5.08.02 REQUIREMENTS FOR CERTIFICATE OF CAPACITY A. GENERAL An appl,ication for a Final Development Order which requires a Certificate of Capacity _pursuant to Section 5.01.01 shall not be accepted unless the applicant concurrently submits an application for a Certificate of Capacity. No Certificate of Capacity, or capacity encumbrance letter, shall be, issued except after a concurrency evaluation and test has been conducted pursuant to the requirements of this Chapter V of the St. Lucie County Land Development Code which indicates that capacity for the proposed development is available at the adopted Levels of Service with respect to all applicable public facilities and services. Should the concurrency evaluation and test show that capacity is not available for one or more facilities or services, then the Certificate of Capacity, or capacity encumbrance letter, shall not be issued until a legally ènforceable agreement has been approved that provides for acceptable mitigation of the development impacts on the adversely affected facilities, or the improvements necessary to provide the additional capacity needed to accommodate the development at the adopted levels åf service have been constructed and approved by the County. B. SUBMISSION OF APPLICA TION TO DIRECTOR OF GROWTH MANAGEMENT An application for a Certificate of Capacity shall be made to the Director of Growth Management. The application shall not be accepted while another application is pending for a Certificate of Capacity for the same development, or any appeal relating thereto, or while an application is pending for another development on all or a portion of the same development site. Proposed Ordinance #2006-47 Page 37 of 46 AMENDED_CHAPTERS_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 D. 5.08.03 A. c. APPLICA TION CONTENTS The application shall consist of the following information: 1. The name, address and telephone number of the applicant, the representative, if any, and the owner. 2. The street address and locator numbers of theparcel(s) on which the development is proposed to occur. 3. An 8.5" x 11" vicinity map locating the subject property in unincorporated St. Lucie County. 4. A written description of the proposed development including statements about: a. The total area of the proposed development, the type of residential or non- residential development proposed, the number of residential units and the square footage of non-residential development. b. The tentative construction schedule for the proposed development, including if applicable, a tentative schedule for phasing construction. c. A description and analysis of the impact of the development on public facilities in accordance with the methodologie~ acceptable to the C9unty. 5. The designation of an individual, whether the applicant or an officer, as agent or representative of the applicant, including the mailing address of the agent. DETERMINA TION OF COMPLETENESS AND REVIEW After receipt of an application for a Certificate of Capacity, the Growth Management Director, or his/her designee shall detennine whether it is complete within ten (10) working days. If it is detennined that the application is not complete, written notice shall be forwarded to the applicant specifying the deficiencies. The Growth Management Director or his/her designee shall take no further action on the application unless the deficiencies are remedied, and the underlying development order application has been detennined to be complete and sufficient. CONCURRENCY TEST Within twenty (20) working days after the detennination of completeness, or concurrent with' a response to an application for a Development Order for which the Certificate of Capacity is sought, the Growth Management Director or designee shall perfonn a Concurrency Test (a comparison of a proposed development's impact on public facilities and services with the capacity of the public facilities and services that are, or will be, available to serve the proposed development no later than the time the impacts of the development are expected to occur) for each application for a Certificate of Capacity. Proposed Ordinance #2006-47 Page 38 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 B. If the capacity of public facilities is equal to or greater than the capacity required to maintain the level of service standard for the impact of the development on the public facilities, the Concurrency Test shall be approved, and the applicant shall be eligible to receive a Certificate of Capacity. Upon making a determination that the applicant is eligible to receive a Certificate of Capacity, the Director of Growth Management, or his/her designee, shall issue a Capacity Encumbrance Letter that shall encumber the capacity of the facilities covered by the letter for a period of 180 days. C. If the capacity of available public facilities is less than the capacity required to maintain the level of service standard from the impact of the development on public facilities, the Concurrency Test shall be denied, and the applicant shall select one of the following options: 1. Accept a 15-day encumbrance of public facilities that are available, and, within the same 15-day period, amend the development requested in the application to reduce the needed public facilities to the capacity that is available; 2. Accept a 90-day encumbrance of public facilities that are available, and, within the same 90-day period provide for public facilities that are not otherwise available; 3. Reapply for a certificate of capacity not less than 6 months following the denial of an application for a certificate of capacity; or 4. Appeal the' denial of the application for a certificate of capacity, pursuant to the provisions of Section 11.00.00. 5.08.04 CERTIFICATE OF CAPACITY A. A certificate approved by the Growth Management Director or designee pursuant to the terms of this Code that constitutes proof of adequate 'public facilities to serve the proposed development, herein called a "Certificate of Capacity" shall be issued by the Growth Management Director or designee upon satisfactory completion of the Concurrency Test and after approval of a Development Order for which the St. Lucie County Land Development Code Requires a Certificate of Capacity, construction of required mitigation improvements, if any, or approval of a legally binding development agreement to provide or fund the required mitigation improvements, if any, and payment of the required fee. The Certificate of Capacity shall be issued after approval of the issuance of a. Development Order, and prior to or concurrent with the issuance of an approved Development Order. B. A Certificate of Capacity shall be valid for the same period of time as the Development Order with which it was issued, and shall constitute a reservation of public facility capacity for the proposed development, except that a new concurrency test shall be performed for any development that begins after three years of the date of issuance of the certificate of capacity. If the Development Order does not have an expiration date, the Certificate of Capacity shall be valid for two (2) years~, ILthe approved Devel<,>pment Proposed Ordinance #2006-47 Page 39 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 Order fora development order other than a Planned Unit Development, Planned 2 Nonresidential Development, Planned Mixed Use Development, Florida Quality 3 Development, or Development of Regional Impact has a later expiration date than the 4 Certificate of Capacity and development has not commenced as required by the Land 5 Development Code by the construction of substantial site ,improvements, or by the 6 provision of unexpired developer guarantees for the cost of construction and maintenance 7 of requited improvements in accordance with the county Land Development Code, within 8 three years of the date of issuance of the Development Order, then a new concurrency test 9 shll11' be performed before development shall be allowed to commence and any new 10 improvements needed as a result of changed conditions shall be mitigated by the 11 developer. In cases where an applicant has consistently and reasonably pursued 12 construction and issuance of a building permit has been delayed as a result of an act of 13 God (such as a hurricane or tornado), or by delays in issuance of state or federal agency 14 permits that are not the result of actions of the applicant, the applicant may submit by 15 letter to the Director of Growth Management a request for a twelve month extension of the 16 expiration date of the 36 month Certificate of Capacity. The Director of Growth 17 Management or his or her designee sh~ll require substantiation of the applicant's efforts to 18 diligently and without unreasonable delay pursue permitting and construction, and shall 19 submit the documentation along with staff recommendations to the Board of County 20 Commissioners for their consideration for approval, approval with conditions, or_denial of 21 the requested extension. The Director of Growth Management or his/her designee shall 22 confer with other departments and state and federal agencies as necessary to develop a 23 complete and well-documented report· to the Board of County Commissioners. Fee 24 refunds for abandoned, expired, or withdrawn development orders shall be processed in 25 accordance, with the provisions of Section 5.07, F of this Chapte~, as it may be amended 26 from time to time. 27 28 For Local Government Development Agreements (PUD DA's) for Planned Unit 29 Developments, Planned Nonresidential Developments, and Planned Mixed use 30 Developments, Certificates of capacity shall be valid for more than two years, but not 31 more than ten years, may be issued as part of a development order for a residential or 32 mixed use subdivision, PNRD, PMUD, or a PUD DA. 33 34 For Developments of Regional Impact (DRI's), Florida Quality Developments (FQD's) 35 Certificates of Capacity shall be valid for the period or periods prescribed in the 36 applicable development order or development agreement. 37 38 Building Permits. Except for subdivisions, Building permits shall be obtained prior to 39 the expiration of the Certificate of Capacity. .Construction may continue to completion 40 after the Certificate's expiration if the building permits remain valid and do not expire. , 41 42 Subdivisions. Building permits for single family and duplex dwelling units on 43 individual lots within a residential subdivision, which previously received a Certificate 44 of Capacity, shall not be required to obtain a new Certificate if said subdivision received 45 final subdivision plat approval and was recorded in the public records before its 46 Certificate expired and all necessary conditions of the Certificate of Capacity have been 47 met. 48 Proposed Ordinance #2006-47 Page 40 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 C. A Certificate of Capacity may be extended according to the same terms and conditions as the Development Order for which it is approved. If a Development Order is granted an extension, the Certificate of Capacity, if any, shall also be extended if a new concurrency test shows that adequate capacity remains available. If a concurrency test for the extension of the development order shows that adequate capacity is not available, the applicant shall be required to provide additional mitigation to ensure the availability of adequate public facilities to support the project. D. A Certificate of Capacity application shall be submitted for amendments to an existing Development Order, and also for extensions of an existing Development Order. E. A Certificate of Capacity runs with the land and is valid only for specific land uses, densities and intensities on the same land, and for new owners of the same land for which it was issued for a period of two years from the date it was issued. F. A Certificate of Capacity shall expire if the underlying Development Order expires or is revoked by the County. G. A Development Order and a Certificate of Capacity shall contain, such reasonable conditions as are necessary to ensure compliance with this Chapter. The Board of County Commissioners and departments issuing a Development Order or a Certificate of Capacity are authorized to impose such conditions. Conditions of approval shall be binding on the owner, its heirs, successors, and assigns. H. A Preliminary Development Order issued without a Certificate of Capacity shall include a signed Concurrency Deferral Affidavit stating at a minimum the following: 1. The issuance of a Building Permit and any Final Development Order are subject to the requirements for obtaining a Certificate of Capacity; and 2. No rights to obtain a Building Permit or any other Final Development Order, nor any other rights to develop the subject property have been granted or implied by the County's approval of the Preliminary Development Order. 5.08.05 EFFECT OF A DEVELOPMENT AGREEMENT IN CONJUNCTION WITH A CERTIFICATE OF CAPACITY A. GENERAL St. Lucie County shall consider entering into a Development Agreement with a developer to ensure adequate public facilities are available with the impacts of development on the' public facilities if: 1. A concurrency test approved by the County shows that there is not adequate capacity available for one or more public facilities necessary to serve the impacts of a proposed development at the times required by law or this Land Development 'Code, whichever is more restrictive; and Proposed Ordinance #2006-47 Page 41 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 1 2 3 4 5 6 7 8 9 10 11 12 13 J4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 3'9 40 41 42 43 44 45 46 47 48 2. There is reasonable likelihood that the balance of the public facility capital improvements identified to provide the remaining capacity needed for the proposed development can be provided pursuant to a Development Agreement; and, 3. A request has been made for consideration and approval of a Development Agreement concurrent with the application for Development Permit to ensure the proposed development complies with the standards for a Certificate of Capacity, or the Director of Growth Management or designee determines that a Development Agreement is necessary in order to ensure 'that adequate public facilities requirements can be met for the proposed development, and suggests' requiring a legally enforceable development agreement as a condition of project approval, which condition is accepted by the Board of County Commissioners for projects approved by the Board, or included in a Development Order issu€d by the Director of Growth Management or designee as authorized in this Land Development Code. B. EFFECT The effect of the Development Agreement shall be to bind St. Lucie County and the developer pursuant to the terms and duration of the Development Agreement. Improvements required by a legally enforceable Development Agreement that are needed to support proportionate fair share contributions, including those improvement options allowed pursuant to section 5.07, B, from one or more developers are required to be added to the Five Year Capital Improvements Program at the next available Five Year Capital Improvements Program comprehensive plan amendment, and transmitted to the State Land Planning Agency for annual review. No Development Agreement shall be approved that does not identify all funding sources for the total cost of impr()vements, and alternative sources of funding for those funding sources that are not available and committed (e.g. establishment of special districts, future bond issues, grant funding, etc.). The Office of Management and Budget, for County funds, and the funding agency for other funds, must certify the feasibility of potential funding within the required time constraints. The Office of Management and Budget must certify the availability of County funds from proposed revenue sources in the event other potential funding sources· fail to become available within the specified time. The required certification from the Office of Management and Budget shall be timely, so as not to unreasonably delay the consideration of the proposed Development Agreement. C. Amendments to approved development agreements. Amendments to approved development agreements shall be processed in accordance with this Chapter V, Section 5.06.02. Additional agreements of any kind shall be consistent with the approved Development Agreement, and to the extent they conflict with the approved Development Agreement shall be invalid. Development Agreement amendments shall be processed through the Department of Growth Management in the same manner in which the original agreement was approved, except that Section 5.01.05 authorizes the Director of Growth Management to classify certain amendments as minor amendments that may be approved administratively by the Director of Growth Management. Proposed Ordinance #2006-47 Page 42 of 46 AMENDED_CHAPTERS_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 5.09.00 VARIANCES 5.09.01 CERTIFICA TE OF CAPACITY VARIANCE A. So as to provide for a reasonable economic use of land in those rare instances where a strict application of the adequate public facilities requirements of this Chapter would constitute an unconstitutional taking of property without due process of law, the Community Development Director may issue a Certificate of Capacity Variance. This Certificàte may be issued only if the Community Development Director finds and the County Attorney confirms all of the following circumstances to be true: 1. A Certificate of Capacity has been denied for the proposed development pursuant to the requirements of Section 5.08.03, and an appeal to the County Administrator pursuant to Section 11.11.00 has affirmed that decision. 2. There are not sufficient public facilities available to serve the development without violating the minimum requirements of this Chapter; 3. No reasonable economic use can be made of the property by conditioning the Development Order upon sufficient public facilities becoming available as provided for in this Chapter. 4. No reasonable economic use can be made of the property unless a Development Order for the property for which application has been made is issued. 5. The request to vary from the requirements of this Chapter is the minimum variance which would allow any reasonable economic use ami in no instance shall provide for no greater an impa~t than one (1 %) percent of the maximum service volume at the adopted level of service for the affected road system or intersection, which impact shall be a de minimis impact, and shall be reported to the State Land Planning Agency in the annual report of de minimis impacts as required by law. The de minimis impact shall not be permitted without acceptable mitigation should the sum of existing roadway volumes and the projected volumes from approved projects on an affected transportation facility exceed 110% of the capacity of the facility at its adopted level of service. 6. A plan for development is provided demonstrating how the property will be developed, and how the proposed development is consistent with the St. Lucie County Comprehensive Plan; and, 7. Approval of the Certificate of Capacity Variance is conditioned on the initiation of development at the allowable density subject to the receipt of a Certificate of Capacity within two (2) years of the time public facilities are available to serve the proposed development. ' Upon making a finding of the foregoing circumstances to be true, the Director of Growth Management shall issue a Certificate of Capacity Variance with the necessary conditions to protect the public health, safety and welfare and give effect to the purpose of this Chapter. Proposed Ordinance #2006-47 Page 43 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 B. Any Development Orderwhich is issued based upon a Certificate of Capacity Variance shall be consistent with it and incorporate all of the conditions placed on the Certificate by the Director of Growth Management. C. A Certificate of Capacity Variance shall be valid for the same period as the Development Order with which it was issued. If the Development Order does not have an expiration date, the Certificate of Capacity Variance shall be valid for two (2) years. 5.10.00 CAPACITY INFORMATION LETTERS 5.10.01 PURPOSE A capacity information letter is a nonbinding analysis of existing levels of s,ervice for public facilities and services in the vicinity of the parcel of land identified in the application at the time the capacity information letter is issued, and does not guarantee capacity in the future or ehcumber/reserve capacity for any period of time. The capqcity information letter does not purport to analyze the impacts of the åpplicant's proposed project on public facilities and services nor to determine if the existing levels of service are sufficient (a) to permit development of a particular parcel of land; (b) to authorize the issuance of a capa:èity encumbrance letter, or (c) to authorize the issuance of a certificate of capacity. The issuance of a capacity information letter does notTelieve the applicant from complying with the remaining provisions of this Chapter V of the St. Lucie County Land DevelopmentCod~, with respecUo capacity encumbrance or capacity reservation. 5.10.02 APPLICA TION A. Generally An application for a capacity information letter shall be submitted to the Growth Management Director, or his/her designee, to'gether with the required fee. Any person seeking a capacity information letter shall submit the following information to the Director of Growth Management, or his/her designee, on a form prescribed by the Director of Growth Management. No such application shall be accepted (or deemed accepted) until it is determined to be complete by the Department of Growth Management, and the required fees are paid. ' 1. Date of submittal; 2. Applicant's name, address and telephone number; 3. Property Appraiser's Parcel ill Number and legal description. B. Processing of the application by the Department of Growth Management The Department of Growth Management shall determine the completeness of the application for a capacity information letter within five working days, and shall send notice to the applicant. Upon a determination that the application is complete, the Director of Growth Management, or his/her designee, shall assess the existing levels of service for public faciHties and services in the vicinity of the parcel using the CMS databa,se and information system, Proposed Ordinance #2006-47 Page 44 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft' 11-29-2006 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 accounting for existing and committed development, plus any applications in process at the time the application is received. A capacity infonnation letter will be issued within ten (10) working days from the date the application is deemed complete. C. Contents of the Capacity Information Letter At a minimum, the capacity infonnation letter shall contain: 1. Date of issuance of the letter; 2. Applicant's name, address, and telephone number; 3. Property Appraiser's Parcel ill Number and legal description; 4. Name and location of nearest potable water facility and provider and available capacity if supplied by the county; 5. Name and location of nearest sanitary sewer facility and provider and available capacity if supplied by the county; 6. Available capacity of park and recreational facilities; 7. A vaila.ble capacity of solid waste facilities; and 8. A vaï'Iable capacity of road links and intersections within two mile of the property boundaries. 5.11.00 FEES 5.11.01 CONCURRENCY TEST FEE The Director of Growth Management shall c~arge each applicant a Concurrency Test fee in an amount to be established in accordance with Section 11.12.00 of this Code. The Concurrency Test fee shall not be refundable. In addition, the applicant shall pay the county's costs of consultants to review the applicant's development project, transportation impact report, and mitigation proposals in making the county's detennination regarding concurrency, required mitigation and costs of mitigation. 5.11.02 PROCESSING FEE The Director of Growth Management shall charge a processing fee to any person that requests an infonnal analysis of capacity herein tenned a capacity infonnation letter. The processing fee shall be non-refundable and non-assignable. The fee for a concurrency infonnation letter shall be set by Resolution of the Board of County Commissioners, and shall be updated from time to time. In addition, the applicant shall pay the county's costs of consultants to review the applicant's development project, transportation impact report, and mitigation proposals in making the county's detennination regarding concurrency, required mitigation and costs of mitigation. 5.11.03 CERTIFICA TE OF CAPACITY RESERVATION FEE A. (This Section Reserved for Future Use) Proposed Ordinance #2006-47 Page 45 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 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 3'6 37 38 39 40 41 42 43 44 45 46 47 48 5.12.00 CONFLICT WITH OTHER REGULA TIONS In the case of conflict between this Chapter and any other County ordinance, code or regulation, the provisions of this Chapter shall govern; provided, however, that development rights pursuant to a Vested Rights Special Use Permit shall be governed by the regulations authorizing issuance of such permits. SECTION 2. CONFLICTS. All ordinances, or parts of ordinances, in conflict herewith are invalid to the extent of such conflicts, and the same are hereby repealed. SECTION 3. 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. SECTION 4. 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. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. SECTION 6. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of S1. Lucie County, Florida, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Sections 2 through 4 shall not be codified. PASSED AND DULY ADOPTED this 5th day of November, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Proposed Ordinance #2006-47 Page 46 of 46 AMENDED_CHAPTER5_SLC_CLEAN DRAFT_November 29_2006 adoption hearing draft 11-29-2006 /'.~ .~ AGENDA REQUEST ITEM NO.6 DATE: December 5, 2006 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: Board of County Commissioners SUBMITTED BY (DEPT): Administration PRESENTED BY: Douglas Anderson County Administrator SUBJECT: Community Budget Issue Request (CBIR) / Legislative Issue Requests. Authorize the County Administrator to submit Community Budget Issue and Legislative Issue requests for the following items: Community Budget Issue Requests . St. Lucie County Airport ($3(000,000) Legislative Issue Requests · State and County Hurricane Cost-Sharing Plan · Towns-Villages-Countryside Improvement District . County Jails Housing State Prisoners · State Trust Fund for SHIP and Transportation Disadvantaged · Medicaid Nursing Home and Hospital Billings BACKGROUND: Any funding request submitted to the State Legislature for consideration requires a "hearing before a body of duly elected public officials before requests can be submitted for consideration" S.216.052(3). The request for funding must be heard at a local meeting( where public input is permitted. It is also St. Lucie County's policy to secure the approval of the Board of County Commissioners for legislative issue requests at a meeting where local public input is permitted. The Issue Requests are explained below. COMMUNITY BUDGET ISSUE REQUESTS St. Lucie County Airport St. Lucie County urgently needs to acquire the sole remaining parcel required to complete the St. Lucie County International Airport parcel map (Please see attached map). The parcel is a~acre site located to the south of a proposed runway and taxiway scheduled to have construction completed by the end of 2008. The property has trees and an elevated structure that will impact the line of sight from the Air Traffic Control Tower to the end of the proposed runway. It is imperative that the County acquire this property to address the line of sight issue. If the property remains in private ownership, access to the property will also become an issue since the current access is to be removed by the location of the new runway. The proj ected cost of property acquisition is $3 million. Funding for acquisition of the property was requested from the Federal Aviation Administration and the Florida Department of Transportation. These requests have been denied. Projected Cost Funding Request $3,000,000 $3,000(000 Page 1 of 3 v Page 2 of 3 LEGISLATIVE ISSUE REQUESTS State and County Hurricane Cost-Sharing Plan This Legislative Issue Request is being submitted on the recommendation of Governor Bush (Please see attached correspondence). On October 8, 2004, Executive Order No. 04-229 was signed by the Governor providing for a waiver of all or a portion of the local match from Hurricanes Chãr~( trances, Ivan and Jeanne. Following the issuance of the Executive Order( House Bill No. 00-19A was approved whereby the date to submit a waiver was changed from 24 months to 18 months. To the best of our knowledge through discussion~wltri the Florida Association of Counties, it appears that local government was not notified of this filing date change. It is known for a fact that St. Lucie County was not notified of this change. St. Lucie County filed for a waiver on 9/6/2006 in the amount of $1,403(928. The Governor's office informed the County that the request was six months too late based upon HB No. 00-19A and would not be processed. In response to a 9/13/2006 letter to the Governor requesting that the submission of waivers be extended to the end of the year, the Governor(s office stated in a letter dated 10/10/2006 that, "given the back to back nature of the 2004 storms and the extensive damage requiring long term recovery strategies, the Governor would not o~j~'?~~~__~__rl.a.-rrow extension of the statutory 18 month timeframe-ãs-ìt: applies to the 2004 hurricanes." The letter also cr,,--vuLagea the County "to worK wlth your local leglslators with regard to the appropriate timing for such legislative consideration." In compliance with the Governor(s recommendation and due to the fact the County was not notified of the change of the date in HB No. 00-19A, the County is requesting the date for submission of waivers be extended to 9/24/2006, as stipulated in the Executive Order 04-229, or to any alternative date that allows the County's waiver request to be considered. Towns-Villages-Countryside Improvement District Place Holder ,~ \/ ð I~~~ County Jails Housing State Prisoners In increasing numbers, county jails are housing state prisoners. Greater than 400 State prisoners housed at the St. Lucie County jail cost local taxpayers $7.3 million every year. St. Lucie County supports state compensation to counties for the following state inmates housed in county jails: retake warrants, inmates sentenced to prison and awaiting commitments ( writs from prison, and persons charged with a felony violation of probation. State Trust Funds for SHIP and Transportation Disadvantaged Programs Two programs that have been funded by Trust Funds that were established through user fees are the State Housing Initiative Program (SHIP) and the Transportation Disadvantaged (TO) program. These two programs provide vital services that assist our most vulnerable citizens with a hand up rather than a hand out. St. Lucie County urges our delegation ~~y-allocate t nd the TO Trust Funds for those two programs and no lvert the funds to the genera fun. -..-----.----.----- Medicaid Nursing Home and Hospital Billings Because of previous budget deficits( several attempts have been proposed to shift additional costs to the County for Medicaid nursing home and hospital billings. The aging population and the population growth have increased the County budget responsibility. Any increase in the per client share would severely impact the County's· budget. Th..sr~for,~ it is very impo1;'tantthat---..!..h..e c~.u::-ent required level of responsibility remain -constant and not be-Tncreased. ----. v FUNDS AVAIL. : No matching funds are required for CBIR funding. PREVIOUS ACTION: Legislative Issue Requests for County Jails Housing State Prisoners, State Funds for SHIP and Transportation Disadvantaged, and Medicaid Nursing Home and Hospital Billings were submitted in November 2005. RECOMMENDATION: Staff recommends that the Board authorize the County Administrator to submit the CBIR Requests and the five Legislative Issue Requests. [ X] APPROVED [ ] OTHER: ] DENIED Approved 5-0 Motion to approve with addition, gl County coora~nation/Signatures Anderson Administrator COMMISSION ACTION: County Attorney: Originating Dept: ~ Mgt & Budget: Public Works: Purchasing: Finance: Page 3 of 3 BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M, ANDEr\SON October 17, 2006 Senator Ken Pruitt 1850 SW Fountainview Blvd., Suite 200 Port St. Lucie, FL., 34986 RE: State and County Hurricane Cost-Sharing Plan Dear Senator Pruitt: On September 13th I sent a letter to Governor Bush with a copy to the Legislative Delegation requesting that the date for submission of waivers for the local match for Hurricanes Charley, Frances, Ivan and Jeanne be extended through the end of the calendar year. As outlined in my letter, the reason for this request is that the original submission time was changed from 24 months to 18 months. This resulted in St. Lucie County filing for a waiver in the amount of $1,403,928 and not being processed by the State because of the shortened timeframe. Attached is an October 10th letter from Teresa B. Tinker, Policy Coordinator of the Office of Policy and Budget from the Governor's Office, stating that "Given the back to back nature of the 2004 storms as well as the extensive damage requiring long-term recovery strategies, the Governor would not object to a narrow extension of the statutory 18 month timeframe as it applies to the 2004 hurricanes - Charley, Frances, Ivan and Jeanne. I would encourage you to work with your local legislators with regard to the appropriate timing for such legislative consideration." Therefore, St. Lucie County is requesting that the Legislative Delegation support for legislative consideration the extension of the statutory 18 months time frame as it applies to the 2004 Hurricanes, Charlie, Frances, Ivan and Jeanne to the end of this calendar year. JOSEPH E SMITH D,STrIct No, 1 . DOUG COWAf\D D,STrIct No. '2 . PAULA A. LEWIS, District No, J . Ff\ANNIE HUTCHINSON D,srnct 1'10 4 . CHP,15 Cf\AFT, DISTrIct 1'10. :' Counry Admlnlsrroror - Douglas M. Anderso(ì 2:300 Virginia Avenue. Fort Pierce, FL J4982-5652 · Phone (772) 462-1450 · TDD (772ì 462-1426 FAX (772ì 462-1648 · emoil: dougo@)CQ,st-lucie,fl,us web Sire' WWW.cQ.5t-lucie.fl.ue. Page 2 October 17, 2006 State and County Hurricane Cost-Sharing Plan Please let me know if you need any additional information or assistance from my office to assist you in this request. DMA/ab 06-167 c: Board of County Commissioners Faye Outlaw, Assistant County Administrator Ray Wazny, Assistant County Administrator Dan McIntyre, County Attomey Marie Gouin, Management and Budget Director Bill Hoeffner, Grants Writer The Honorable Jeb Bush, Governor Eric Poole, Sr. Legislative Advocate, Florida Association of Counties Chris Holley, Executive Director, Florida Association of Counties Terry Lewis, P.A., Lewis, Longman, Walker, P.A. Ronald 1. Book, P .A. Attachments Letter No. 06-167 regarding State and County Hurricane Cost-Sharing Plan was sent to the Florida Legislative Delegation and copied to the Governor: The Honorable Jeb Bush Office of the Governor The Capitol, Room 210 400 South Monroe Street Tallahassee, FL. 32399-0001 Senator Ken Pruitt 1850 SW Fountainview Blvd., Suite 200 Port St. Lucie, FL., 34986 Senator JD Alexander 122 E Tillman Avenue #1 Lake Wales, FL., 33853-4130 Senator Mike Haridopolos 2955 Pineda Causeway, Suite 215 Melbourne, FL., 32940-7307 Representative Richard Machek 100 N US Highway 1 Fort Pierce, FL., 34950-4205 Representative Stan Mayfield 1053 20th Place Vero Beach, Florida 32960 Representative Gayle Harrell 121 SW Port St. Lucie Boulevard Port St. Lucie, Florida 34984 Representative Joe Negron 2400 South Federal Highway, Suite 250 Stuart, FL., 34994-4590 STATE OF FLORIDA ®ffíce of tbe @obernor JEB BUSH GOVERNOR THE CAPITOL TALLAHASSEE, FLORIDA 32399-0001 www.flgov.com 850-488-7146 850-487-0801 fax Mr. Douglas M. Anderson County Administrator, St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 J~~ ) I ~ ~c ~ :0 n / '. 'Ø v~ '7 /1 L fit¡}) , October 10, 2006 Dear Mr. Anderson: Thank you for your letter to Governor Jeb Bush regarding waiver of the local match for disaster assistance related to the 2004 Hurricanes. The Governor appreciates hearing your views and asked that I respond on his behalf, Given the back to back nature of the 2004 storms as well as the extensive damage requiring long term recovery strategies, the Governor would not object to a narrow extension of the statutory 18 month timeframe as it applies to the 2004 hurricanes - Charley, Frances, Ivan and Jeanne. I would encourage you to work with your local legislators with regard to the appropriate timing for such legislative consideration, Again, thank you for taking the time to write to Governor Bush, Sincerely, ~ T~ Tinker, Policy Coordinator Office of Policy and Budget Executive Office of the Governor TBT/ap w ~ (i:;=;\S n \\/7 I ':'?: ~,' :~¡~:2~.~'~.¡ '! Q. Ii' l' ?OfF :~ ¡....I . 1.0-'" I, . ! \ \,~ '''nit' r-,=='~= I '.j ',--, f ~U I v \ I \ \. .~/. , 1 ~ - , - \.) /~~..\ 'V .- \ y' ,p.-....- Governor's Mentoring initiative liE A MENTOR, BE A BIC HELr'. 1-800-825·378" ßOA.RD OF COUNTY '..: 0 MM 15510 N E RS c-{~'UN-V ,-v ! ¡ .A.DMINISTRA.TOR DOUGLAS I'll, ANDErSON September 13, 2006 The Honorable Jeb Bush Office of the Governor The Capitol, Room 210 400 South Monroe Street Tallahassee, FL. 32399-0001 RE: State and County Hurricane Cost-Sharing Plan Dear Governor Bush: On October 8, 2004, Executive Order No, 04-229 was signed by the Governor, providing for a waiver of all or a portion of the local match from Hurricanes Charlie, Frances, Ivan, and Jeanne. The Executive Order goes on to state that local governments must apply for the waiver no later than September 24, 2006 (a copy of EO No.04-229 is attached). Following the issuance of the Executive Order, House Bill No. 00-19A (copy attached) was approved whereby the date to submit a waiver was changed from 24 months to 18 months, To the best of our knowledge through discussions with the Florida Association of Counties, it appears that local government was not notified of this filing date change, We know for a fact St. Lucie County was not notified of this change. Following the Governor's Executive Order, St. Lucie County filed for a waiver September 6, 2006 in the amount of $1,403,928, (copy attached) of which the Governor's Office informed us that our request for a waiver was six months too late based upon HB No.00-19A and would not be processed. In our opinion I the Executive Order was very specific to our action while HB NO.00-19A is general for any disaster, Due to the fact that we were not notified of the change of the date in HB No.00-19A, we are requesting that during the Legislative Special Session to be held in the near future, that the date for submission of waivers be extended through the end of the calendar year. JjEPH = :'MlíH D,S,T,':' ¡"C . DDlIe, ,(D\)/µ,r,L' D,sCI'" He .. . PL,UL,o, L[Wlj ¡)IImc I';C c' . F~\AHI,IE HUTCHIW,c)!,' [-'¡;,mc' "c .. . '(Hf\,) C!\µT~ U15rr1er <...c,ulìr.-' ,ü,orT1lnlsrrorC1 - [IC!UÇJ:OJ N-, Alloer~·();-; '2JO[' VII'OlnlO ,!J.venue . Fort Pierce FL :jLloD'::'Sc5';: . Phone:;'2) 46::':·: .:!5[1 . TOCI,;7'2 4ò:::,14'H Ft-,,> ..1.1- -'1 ('/2 ~.'. {,; '?('(~,o¡\ ÖOUCC"J(ç!'r:,-:J ~,:-II~Jc:ie f: I_I~ \r\!~.: :,1 r':::- =:::,..7,~_-!I~)C!'::' .: ___ Page 2 September 13, 2006 State and County Hurricane Cost-Sharing Plan We are requesting your assistance regarding this matter, Thank you in advance for your consideration. Sincerely, //' /,/" /' / /' ./ .' /,' /"'-..t-/:- J. L - l 1/ DouglasIM. Anderson County Administrator DMA/ab 06-153 c: Board of County Commissioners Faye Outlaw, Assistant County Administrator Ray Wazny, Assistant County Administrator Dan Mcintyre. County Attorney Marie Gouin, Management and Budget Director Bill Hoeffner. Grants Writer Eric Poole, Sr, Legislative Advocate, Florida Association of Counties Chris Holley, Executive Director, Florida Association of Counties Terry Lewis, P.A., Lewis, Longman, Walker, P.A. Ronald L. Book, P.A. Attachments Letter No, 06-153 regarding State and County Hurricane Cost-Sharing Plan was sent to Governor Bush and the Florida Legislative Delegation: The Honorable Jeb Bush Office of the Governor The Capitol, Room 210 400 South Monroe Street Tallahassee, FL. 32399-0001 Senator Ken Pruitt 1850 SW Fountainview Blvd., Suite 200 Port S1. Lucie, FL., 34986 Senator JD Alexander 122 E Tillman Avenue #1 Lake Wales, FL., 33853-4130 Senator Mike Haridopolos 2955 Pineda Causeway Suite 215 Melbourne, FL., 32940-7307 Representative Richard Machek 100 N US Highway 1 Fort Pierce, FL., 34950-4205 Representative Stan Mayfield 1053 20th Place Vera Beach. Florida 32960 Representative Gayle Harrell 121 SW Port S1. Lucie Boulevard Port St. Lucie, Florida 34984 Representative Joe Negron 2400 South Federal Highway Suite 250 Stuart, FL., 34994-4590 " ,- "'-;:':- - - ~ -'.-:> ,-,....., ," ................-- - ---- -~~..... _ ._,.."....¡:.:. -::), .- --_...-~....-.- -~..-~--~- - Dougias ~~nàerson _ Governor Bush ADnounces State and County Hurricane CDst Sharing Plan '-.---.-..-- . - ----...... ....- ::' __-..·""-:-~-=..7~:-;:¡:=-_-==-=--=::.:~":::.:'.::.::':· From: Date: Subj eer: CC: "Clfol Bracy" <CBracY(8)f1-colunies.com> 10/1112004 11 :51 :08 AM Governor Bush ,ùJlIlounces State and Coumy Hurricane Cost Sharing Plan "Mary Kay Cameo" '<MKCanseo@fl-coumies.,:orn>, "Ene Poole" <r:~oole{~ ,f1- , ' , , ...., "/\~. I: ~AC n'fl t O,.,.,~ "\'1"1"'" 'ar1r^'," COUnlleS,COm/, :'.nne '""arpenœr '-,,'-\. arpenterl~,~ -coun leS.C uv', v '-U. ~. ~r.. <VZarick.iiW.fl-coumies.com> TO: County Administrators County Lobbyists Small County Circuit Riders Subject: FW: Governor Bush Announces State and County Hurricane Cost Sharing Plan Governor Bush released Executive Orcier 0":-:::29 regaròing state and county cost sharing of Public Assistance needs ;';-om rece:1t hurncanes, The oreer aiso outLines 2. harciship provision for those coumies unabie LO meet the~ snare of ' tr.e CDS:, BE:iow you wiil fmd thE: Govemo;'s Executive Orcier 04-'229 ----------...--------------------------------------------------- Sl~':" T::: Df fLORID A OFFICE OF THE GOVERNOR :::XE=L:1T\'E ORDER NlH,,1BER 04-228 (Err;ergenC~I' Man3.geme~(: \VE:::RE,"',S, on August \ C. :::00..\, me G ovemo:- issued Executlve OrciE:r 04- 1 ò: to ciec ìare 2:.-state oi emerger.c:. for 'TrGDic~1 Swm Bonme ;:mò Hurrican:: Ch2Iiev whicn cievastateò communities m the southwestern and cenITal oomons of the State: and \VI-iEREAS, on SeDtemDer ,.2004, the Gov::::TIor lssued Executive Order 04-192 to decìar:: 2. state of emerge!1C'" for Hurncane Frances whicn aevastateci communines ill the c::ntral. eastern, anci nonheastern pOrtions oime State: anò \1,rI-l'ERE,~.S, on SeptemDer 10,2004, th:: Governor issueci Executive Order 04-206 to deciare a state oi em:::r~ency for Hurricane Ivan whIch aevastated communities In the northwestern portIon of the State; anò WHEREAS, on Sememoer 24,2004, the Governor issued Executive Order 04-217 to declare a state of emergenc:/ ior HU.IT:c:me Jeanne which devastated communities lI1 the centra:, eastern. and nonheastem portions of me State: and WHEREAS. the ciifferent sections of the State are now trying to recover ITorn the cumuiative impacts ofTrooical Storm Bonnie and Hum canes Chariey, Frances. Ivan. and Jeanne. demanding a massive infusion of State. lOcal. and federal resources to the communities stricken by these disasters: and - \VH¡:'REAS. because the damage causeci by Trooica1 Storm Bonnie and Hurricanes Charley, Frances, harL and Je:'.nn:e was of sufficient sevent\' and magnitude. the President of the United States authorized on OctDoer ",200.:\ r:i:cieral funcis ror Dubhe as SlS,anc::, lI1ciudirls;. direct fecierai 2.Ssistance, at 90 Derc::TIt of toral eii:::ibie costs, exceD: those c:lœgones, 'lI1cluding citre::t fed:eral 2.S;istaIlce, prevlOusly approvea at '100 percent, uncie;- me Rooer: 1, Stafforè Ulsaster Reiier and Emerger.cy Assistance Ac:, 4= LJ ,S,C. S~: j (me Stafford /I.W: and \'i,'~r-:~ F~.~~S s~::ion ::'5:.~ -. Florid:. S tJruI=S (: 003 i. ~uthcriz~3 th~ (j overnor [() eoxpena Jl1~.,' gT2..T'n.:. git.:. or DJymenI~ ,~ov~' TIOT 3usn h_n.-,'10unc;;~ :)'"2.:::: ana County Hèè.:Ti:::2.n~ '=,Qst S;;:.:.;.¡nz ?Lm o '"" ,'~ ,..., . 2c:re _ or _ in aid of ::.:m ergency prevemion. mitigation. prepareàness, response. or recovery: and W1Œ.REAS, the funds authorized by the President constitute a grant, gift or payment in aid of emergency prevention. mitigation, prepareàness. response, or recovery; NOW, THEREFORE. L JEB BUSH, as Governor ofFiorida, by virrue of the authoriTY vested in me by Artic!:: IV. Section 1(a) of the Florida Constit1ltion and by the Florida Emergency Management Act. as amended, and all other appìicable laws, do hereby promulgate the following Executive Order. to take immediate effect: Section 1, With respect to the total eligibìe costs for public assistance under the Robert T. Stafford Disaster Relief and tmergency Assistance Act, 42 D.S.C. 5121 (the Stafford Act) authorized by the President's October 7.2004 letter at 90 percent federal funding, I hereby direct that the non-federal share of such eiigible costs shall be divided equally between the state and the affected local governrneDts eligible for such public assistance, As used herein, the term "local government" shall refer exclusively to any political subdivision of the state, state university or community college which is eligible for public assistance under the Stafford Act. Section 2, The Executive OfÜce of the Governor may approve a waiver of all Oí a ponion of the local match, subject to legis lative notice and review under section 216,77, Florida Statutes, if it is determined that such a match cannot be provided or that doing so would effect a documented hardship on the local entity, provided thatthe local government aoplies for the waiver bv no later Seotember 24. 2006, ..:. ..:c::> Section 3, This Executive Order shall be deemed to have taken effect on October S, 2004, This Executive Order sha]] expire 24 months from tÌ1e date hereof uniess extended, IN TESTIMONY WHEREOF, ¡ have hereunto set my hand and caused the Great Sea] of the State of Florida to be aÎÎlxed, at Tallahassee. the Capitol, this 8th day of OctDoer, 2004 GOVERNOR AITEST: SECRETARY OF STATE -------------------------------------------------------------- ;: -: ¡ :2 9 10 .," ! " ^ 1.'::: L û R o A H o u ~ '-' o R p R !\ ï "' - ,L.. .... ~ - ~ ENROLLED HB 0019A 2004 LegIslature A bi~l ~o be entitled An act relating t.o hurricane-relief funding; amending s. 3 "J!:'ì --:""" .0- -J':" .':" I I F,S" relat.ing to emergency management.; requiring 4 that t.he st.at.e and the affected local government provide ;: cert.ain amounts of matching funds following acceptance of 6 federal public assistance funds that are condi~ioned upon such mat.ch; authorizing the Executive ûffice of ~he 7 8 Governor to waive t.he requirement under certain c~r~umst.ances; re~~iring that the reciplent provide a required mat.ch before receiving federal hazard-mit.igation funds; providing for certain exceptions; provlding for retrOactlve application of the requirements for providlng mat~hing funds; providing appropriations; providing requlrements for local government.s with respect to , - _::J matching funds; authorizing future payments or a deduction l6 from the local government's revenue-snarlnc a~locatiGn; , ' -' ' specifying that the nonrecurring appropria~ions are to 18 meet needs caused by huyricanes and a tropical storm; :!..9 requiring that the Execut.ive üf:::ice of ':.he Governor 20 provide prior notice to the LegislatlVe Budget ~omm~ssion 21 of allocations :::rom lump-sum appropriations to ,,') appropriation categories; providing an effect.lve da~e, ,,-; .c..) 24 Be It Enacteò bv the Legislature of t. 0. e ?lorida: s---- ~c.."""':;; or: ')- -::> ') - _b Sec:tion 1. Effec:tive upon this ac:t Dec:ominc a law ane 27 applying resroactively to Ju~~y" 1, 2004, subsections (5ì ane (6 :23 are added so section :252,3:, ?lorida Stat.uses, to read: :29 25:2.37 ~inancing,-- Page Î of L1 CODING: Wores &tf1CI:::ì are deletions: woras underlined are addition:: - ~ ¡: o R o ,A, H o u s o R p R s N . , t: ~ ~ L - ENROLLED HB 0019A 2004 Legislature 30 (5 ) Unless o~he~wise sDecified in the General 31 ADDroDriacions Ac:: ""., ,:,.;.. (a) Wheneve~ the state acceDts financial assistance :~om 33 the Fede~al Gove~nment o~ its agencies unde~ the federal Public 34 Assistance Program and such financial assistance is conditioned 35 uDon a recruirement for matchina funds, the state shall Drovide 36 the enti~e match recruirement for state agencies and one-half of 37 the reaui~ed match fo~ arants to local aove~nments. The affected 38 local qove~nment shall be recruired to provide one-half of the 39 recruired match prior to receiDt of such financial assistance, 40 (bl The Executive Office of the Gove~nor may approve a 4:. WalVey, subject to the ~eauirement for leaislative notice anò 4:2 review undey s, 2:::"6.177, of al.J. or a portion of the reaUlyeà. 43 match for public assistance prolects for local aovernments ~f 44 the Executive Office of the Governor determines that such a á- _::J match reauirement cannot be provided, or chat doina so woulà. 46 imDose a documented hardshiD on the local aovernment, ana II tne 47 local aove~nment aDPlies ÍO~ the waivey within the fi~st :::"8 48 months afte~ the disaster is declared, 4. 9 ! Whenever the state accepts financial assistance from (6 '; 50 the Fede~al Gove~nment o~ its agencies under the federal Hazard ~J. Mitiaation Assistance Grant Proaram and such financial 52 assistance is conditioned UDon a reauirement for matchinc funds, 53 the eliaible subgrantee recipient shall be reauired to provide 54 the full amount of the reauired match prior to receipt of such 55 financial assistance unless otherwise specified in the General 5 Ô Þ.DDropria::ions Ac::. , 57 Section 2. For the 2004-2005 £iscal vea~ onlv, S55,72::;,888 58 l2 aDProp~iaLed from the General Revenue Func £or deD02i: into Page 2 of 4 CODING: Words5ffic::::;'j are deletions: words underlined are additIons \/ - - F L 0 o '~ ~ - P R ,... N ;.., T 'v' - p, fe, H o u ,... o ¡- R t: :3 '-' ENROLLED HB 0019A 2004 Legislature ::9 ~he Gran~s and Dona~ions Trust Fund in the Department of 60 Communi'Cv Affairs and 555,722,888 is aDDroDriated in lumD sum 61 from the Grants and Dona~ions Trust Fund to ~he DeDartment of 62 Communitv Affairs for the purpose of meeting the state's por~lon 63 of ~he match reauirements of the Incti victuals and Households, 64 Other Needs Assistance Proaram administered bv ~he Federal Q ~ Gove:!:'nmenr. . 66 section ~, I -, " ,.J.. , For the 2004-2005 fiscal year only, 67 S 578, 193,040 1S aDDroDriated in lumD sum from the U. S ' 68 Con~ributions Trust Fund in ~he DeDartment of Communicv Affairs 70 federal disas~er arant assistance to eliaible reciDients. 'Co ~he DeDar~men:: of Communi t'y Þ.ffairs t.o Drovide sUDDlemental - . - r~ c~ 72 section, the deDartment shall ensure that the affected local :=) Prior to the release of ::he funds appropriat.ed ir. ~his 73 aovernment has provided a 5-Dercent local match, Because the .. ';: location, ::\1'Oe or: disaster I and severity 0: ::he event caE 76, share of DubllC assistance DrQlectS mav be initiallv Drovided bv ..::!: material:" v a:::fect the maanitude 0::: coscs, a local aovernmen::' s 77 the s~ate I Wl::r:. future DavmenC beina Drovided bv t.he aDDnmriace 78 local aovernment or deduc~ed from the local oovernment's state 79 revenue-sharino allocation, 80 Section 4, For the 2004-200:: :iscal vea:::- onlv, $35,:26,93:: 82 the Grant.s and Donations Trusc Fund in the DeDartment of -- appropria~ed from the General Revenue Fund for deDosit into 8=- 83 Community Affairs and $35,526,935 is aDpropriated in lump sum 84 from the Grancs and Donations Trust Fund to the DeDar~men:: of 85 Commu.Tlitv Þ.ffairs for the purpose of meetino the s~ate' s Dor::ioD 8- 1:), of the maccn reauirements for the Dubli~ ass~stance aran~ S 7, DrocraTn. Page 3 of it CODING \fVoraS3ffif*-€-::, are deletions: words underlined are additions L " u R þ, H Q o ¡: R p ..., r\ ~ ,::, N T ,:';'" - u - - D ~ - ENROLLED HB 0019A 2004 Legislature 881 I I For c::.he 2004-2005 f:'scal vear onl,:', $305, ,),05 is Sec":.ion 5, 89 approprla~ed from ~he General Revenue Fund for deposi~ into the 90 Grants and Donations Trus~ Fund in the Depar":.men":: of Communi tv 91 Affairs, $305,405 is appropriated in lump sum from the Gran::s 0') -'~ and Donaë:.ions Trust Fund to ":.he Department of Communi~y Affairs, and $916,214 is appropriated in lump sum from the U.S. 93 94 Contributions Trus~ Fund in "::he Departmen~ of Communi tv Affa:'rs q~ -:) to the Department of Community Affairs for the purpose of payinq 96 ":.he state manaaement administrative costs of the Hazard 97 Mitiaation Grant Proaram. The funds appropria~ed in this sectlon 98 :::rom ':he Gene!'al Revenue Fund are provided to mee~ the state 's 99 portion of the maë:.ch reauiremen~s for sta~e manaaement 100 adminis~raë:.ive costS of ,:he Hazard Mitigation Gran': Program, 101 Sec,:ion b, All appropriations authorized bv this act are 102 nonrecurrina and are intended ":.0 address needs caused by 103 Tropical Storm Bonnle and Hurricanes Charley, Frances, Ivan, and 104, Jeanne, Notwl~hstandina the provisions of section 105 Sect. ior. -; 106 216.177, Florida Statutes, recrulrlna a 14-dav notice for incerim 107 budget acc::.ions, and pursuant to sec"::ion 216.351, Florida 108 Sta"::utes, the Executive Office of the Governor shall provide 109 notice of the alloca~ion of the lump sum appropriations 110 authorized by this act into tradië:.ional appropriation cateqories 111 to "::he chair and vice chair of the Leqislative Budae~ Commission 1 " ') _.1.._ at least 3 workinc davs prior to the effective date of such 113 allocation. This ac': shall take effect upon becoming a law, 114 See':. ior-, 8, Page 4 of L COOING Words sm:r:e;:¡ are deletions: words unaeriined are additions \/ - ~ The ~oo6 ?lorià.a Statutes Title XVII J!IUTARY AFFAIRS AND REL4TED MATTERS Chapter 252 =MERGENCY MANAGEMENT View Entire Chapter 252.37 Financing.-- (1) The Legislature intends and declares it to be the policy of the state that funds to meet emergencies shall always be available. (2) It is the legislative intent that the first recourse be made to funds regularly appropriated to state and local agencies. If the Governor finds that the demands placed upon these funds in coping with a particular disaster declared by the Governor as a state of emergency are unreasonably great, she or he may make funds available by transferring and expending moneys appropnated for other purposes, by transferring and expending moneys out of any unappropriated surplus funds, or from the Budget Stabilization Fund. Following the expiration or termination of the state of emergency, the Governor may transfer moneys with a budget amendment. subJect to approval by the Leg1slative Budget CommisSlOn, to satisfy the budget authority granted for such emergency. (3) Nothing contained in this section shall be construed to limit the authority of the Governor to apply for, administer, and expend any grants, gifts, or payments in aid of emergency prevention, mitigation, preparedness, response, or recovery, (4)(al Whenever the Federal Government or any agency or officer thereof offers to the state or, through the state, to any political subdivision thereof services, equ1pment. supplies. matenals, or funds by way of gift, grant, or loan for the purposes of emergency management, the state, actmg through the division, or such political subdivision, acting with the consent of the Governor or the r'''''ernors authorized representatlVe, may accept such offer. Upon such acceptance, the division or :: presiding officer or governing body of such political subdivision may authonze receipt of the grant, or loan on behalf of the state or such political subdiv1sion. subject to the terms of the offer and the rules and regulations of the agency making the offer, ib) Whenever any person, firm, or corporation offers to the state or to any political subdivision thereoT services, eauipment, supplies, materials, or funds by way of gift, grant. loan, or other agreement for the purpose of emergency management, the state, actlng through the div1S1on, or sucn political subdivision, acting through its governing body or a local emergency management agency, may accept such offer. Upon such acceptance, the division or the presiding officer or governing body of the political subdivision may authorize receipt of the gift, grant, or loan on behalf of the state or such political subdivision, subject to the terms of the offer, (5) Unless otherwise specified in the General Appropriations Act: (al Whenever the state accepts financial assistance from the Federal Government or its agencies under the federal Public Assistance Program and such financial assistance 1S conditioned upon a requirement for matching funds, the state shall provide the entire match reauirement for state agencies and one-half of the required match for grants to local governments. The affected local government shall be required to provide one-half of the required match prior to receipt of such financial assistance. (bi The Executive Office of the Governor may approve a waiver, subJect to the requirement for legislative notice and review under s. 216.1ï7, of all or a portion of the requlred match for public assistance projects for local governments if the Executive Office of the Governor determines that such a match requirement cannot be provided, or that domg so would impose a documented ardship on the local government. and if the local government applies for the waiver within the first 18 months after the disaster IS declared, 16 i Whenever the state acceots fmancial assistance from tne Feaeral Government or its agenc1es unaer me feaeral Hazard Mit1gatlOn Ass1stance Grant Program ana sucn financ1al ass1stanCe 15 cond1tlOnec UDon a reCJu1remen~ for matchm~ Tuna:, th~ eligible sUDgramee re:::1Dlent snall [;'0 ,eaUlre,: IC DroV1C'::' tne iul, arnOiJnë C tne reaUlre::: rna[G: orlO" to recelCë c: 5UC:-, fmancE __ _............ .,,".-: "'no-~¡;,::)·'-' ~; ~r.::.. ·~en::ïë.1 hDorDCìí·¡è.:ìon:,~.:·~ AGENDA REQUEST ITEM NO.7 DATE: December 5, 2006 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: Board of County Commissioners SUBMITTED BY (DEPT): Administration PRESENTED BY: Douglas Anderson County Administrator SUBJECT: Community Budget Issue Request (CBIR). Authorize the County to partner with the Treasure Coast Education and Research Development Authority in submitting the following two CBIRs: · Treasure Coast Research and Education Park Office Center ($4(000,000) · Relocation of UF/IFAS Field Operations ($7,488,000) BACKGROUND: Any funding request submitted to the State Legislature for consideration requires a "hearing before a body of duly elected public officials before requests can be submitted for consideration" S.216.052(3). The request for funding must be heard at a local meeting, where public input is permitted. St. Lucie County intends to partner with the Treasure Coast Education and Research Development Authority in submitting the following two requests. Treasure Coast Research and Education Park Office Center The new Treasure Coast Research and Education Park presently encompasses 1,600 acres and is home to the University of Florida Indian River Research and Education Center, the state-of-the-art USDA Agricultural Research Service National Horticulture Research Laboratory, the USDA Natural Resources Conservation Service Office( the Florida Department of Agricul ture and Consumer Services Division of Plant Industry ( the St. Lucie County Cooperative Extension Service, and the St. Lucie County School District Agri-Science Education Program. St. Lucie County is currently designing a 10(000 square foot office center that will house the Treasure Coast Education and Research Development Authority, which is responsible for management¡ growth, and promotion of the park. Office space of 1,000 square feet each will also be provided for the University of Florlda, Florlda Atlantic UIllverslty, and lndlan River Community ~~}±ege-~ wlll asslst the Authority in incubating new biotech businesses and in providing research and business start-up services to fledgling biotech businesses. Services will include consultation and technical assistance regarding research, engineering( technology( product development, new business establishment¡ marketing, international trade, and venture capital formation. The Office Center will additionally provide approximately 4,000 square feet of space for biotech incubation purposes that will be able to be subdivided into offices or laboratories of up to 1,000 square feet. The estimated cost to construct this facility is $4,000(000 Projected Cost: Funding Request: $4(000,000 $4,000,000 Relocation of UF/IFAS Field Operations The University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) agricultural and environmental field research operations in St Page 1 of 2 Lucie County have been under development for nearly fifty years and have grown to include a 150 acre citrus grove( aquaculture facilities, a 32 acre vegetable farm( a farm managers house, a motor-pool, pesticide and fertilizer sheds, and four equipment barns. Its current location on Kings Highway conflicts with the planned development of the Treasure ~oaùL R~search Park. The current Master Plan calls for UF/IFAS and the St~cie County School Dlstrlct to trade Ion -term property leases so leld Operations can be clustered and rebul a Jacen to the USDA P~elù ôperatlons west of the Florlda Turnplke. Ihe lreasure Coast Rooearch õ,,,d EÙUCC1L~Ull Ë'drk and the St Lucle COUJlLy School District would acquire UF/IFAS land east of the Turnpike that provides these facilities with frontage and greater visibility along Kings Highway (State Road 713), a major north/south corridor. The St. Lucie County School District will be constructing a K-12 magnet school specializing in science education on 60 acres at the site. It should also be noted that citrus canker and Hurricanes Frances( Jeanne and Wilma have resulted in grove removal and substantial damage to the older buildings. Given this damage and the rapid development of the Treasure Coast Research Park( it would be prudent tn rphl1ilrl the field facilities and operations in alignment with the Research Park development plan on land WC3t of LIle fluLlaa Turnplke currently owned by the School Distrlct. The eStlmatea cost to relocate the field operations is $7(488,000. rl~ð~e C1LLdcned map and projected relocation costs. Projected Cost: Funding Request: $7,488,000 $7,488,000 FUNDS AVAIL. : No matching funds are required for CBIR funding. PREVIOUS ACTION: Community Budget Issue Requests were submitted for each of theses projects in November 2005 at higher funding levels. The requests were not funded during the 2006 State Legislative session. RECOMMENDATION: Staff recommends that the Board authorize the County to partner with the Treasure Coast Education and Research Development Authority in submitting the two CBIR requests. COMMISSION ACTION: County Attorney: Originating Dept: ~. Do 1 County Coordination/Signatures [ X] APPROVED [ ] OTHER: Approved 5-0 DENIED Mgt & Budget: Pub1.ic Works: Purchasing: Finance: Page 2 of 2 t-.... Estimate to Relocate and Rebuild Field Research Operations on West Picos Road The agricultural and environmental field research operations at IRREC in St Lucie County have been under development for nearly fifty years, and have grown to include a 150 acre citrus grove; aquaculture facilities, a 32 acre vegetable fann; a farm managers T C E R D¡ A house along with a motor-pool, pesticide and fertilizer n sheds and four equipment barns. Its cmrent location on the Kings Highway south of Picos Rd. and north of Pruitt Rd. conflicts with the planned development of the Treasure Coast Research Park. The current Master Plan calls for UFIIFAS and the St Lucie COWlty School Board to trade long tenn property leases so that IFAS Field Operations can be clustered and rebuilt adjacent to the USDA Field Operations west of the Florida turnpike. St Lucie CoWlty would acquire IFAS land east of the turnpike for the construction of a school. It should also be noted that Citrus Canker, along with Hurricanes Frances, Jeanne and Wilma has resulted in grove removal and caused substantial damage to the older buildings. Given this damage and the rapid development of the Treasure Coast Research Park it would be prudent to rebuild the field facilities and operations in alignment with the Research Park development plan, .i'" " .# ~.,.- , '- This estimate to rebuild and move the field operations was subdivided into three components that include the infrastructure, buildings and the specialized crop research fields. Each component is intended for funding in a three-year sequence. Infrastructure - Year 1 ($2.775 million) · Shellnck Roadways: 5miles @ $l30,OOOImile (Grading, Leveling, Compacting & Rock) $6SO,ooo · Fencing: Chain Link @ $150,OOOlmi1e & Barbed Wire @ $25,OOO/mile $875,000 · Civil Engineerin&, Labor and Site Development (Architectural Fees, Earthworks & Sewage) $750,000 · Electrification, Telephone & Computer Hook-Ups Buildings - Year 2 ($2.025 million) · Farm Managers Residence · Field Laboratory & Operations Office · Chemical, Fertilizer Storage, and Mix-Load Site · Fuel Dump (500 gal Diesel & 500 gal Gasoline Tanks, Pad & Pumps) · Maintenance, Labor and Storage Facllity (3-Bay Enclosed & 3 Open Storage Barns) · Greenhouses: 4 houses @ $l2S,_each (Fans, Heaters, Pads, Irrigation, Water) Cropping Systems - Year 3 ($2.682 million) · Research Citrus Grove: 150 ac @ $6,2S01ac Clearing, Grading, Blocking, Drainage, Irrigation, Labor, Injection Systems & Trees · Impound Reservoir: 20 ae @ $65,_/ac (Excavating, Grading, Pumps & Culverts) · Research and Demonstration Pastures: 75 ac @ $2,OOOIac Clearing, Leveling, Irrigation & Wells (4") · Research and Demonstration Turf Field: 75 ae @ $4,OOOIac Leveling, Grading, Irrigation, Drainage, & Multiple Wells $500.000 $2, 775,000 $250,000 $250,000 $400,000 $125,000 $500,000 ~ $2,025,000 $938,000 $1,300,000 $150,000 ~ $2,688,000 Total: $7,488,000 AGENDA REQUEST ITEM NO. 8 DATE: December5,2006 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark Godwin SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Amended Funding Request regarding New Horizons BACKGROUND: See attached memorandum FUNDS AVAILABLE: $481,000.00 approved in the criminal justice budget 06/07 $141,240.00 approved in the criminal justice budget 05/06 PREVIOUS ACTION: June 6,2006, Board approved funding of $141,240.00 September~ 2006, Board approved funding of $481,000.00 RECOMMENDA TION: Staff recommends that the Board of County Commissioners accept the recommendation of New Horizons COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 u Anderson Cour¡ty Administrator J;y County Attorney: Originating Dept.1!I1 ~\)G\~ Finance: (Check for copy only, if applicable) Review and Approvals Management & Budget Purchasing: Public Works Dir: County Eng,: Eff, 5/96 .. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners Mark Godwin, Criminal Justice CoordinatorJ14 FROM: C.A. NO.: 06-1965 DATE: December 5, 2006 SUBJECT: Amended Funding Request Regarding New Horizons **************************************************************************** BACKGROUND: During the May 12th Criminal Justice Workshop, Mr. Bob Quam, former CEO of New Horizons, Inc., made a presentation on persons involved with the criminal justice system that were suffering from mental and/or substance abuse disorders. The purpose of his presentation was to provide the Board and community with an understanding of the critical need for adequate and accessible resources. As a result, the Board funded $481,000.00 for 40 beds for the mentally disabled/substance abuse population who would be otherwise incarcerated in the County jail in the 2006/2007 criminal justice budget. Furthermore, due to the number of individuals with mental health/substance abuse problems housed in jail, the Board provided immediate funding of $141, 240.00 in the 2005/2006 in the criminal justice budget. The new CEO of New Horizons, Mr. John Romano, has informed the County that the beds from the Faith Community didn't meet the needs of persons living with severe mental illnesses. Additionally New Horizons doesn't operate a residential mental health/substance abuse and co-occurring disorder facility. Mr. Romano stated in writing and in personal conversations that he presented to Commissioners, Mr. Anderson, and myself, that New Horizons proposes more flexible utilization of the $481,000.00, which would include an array of services and supports such as: 1. Medication management, intensive case management, psycho-social rehabilitation, and substance abuse services provided in community-based and natural settings. 2. Integration of family and other natural support systems, including peer supports, ... 3. Assistance with establishing, reestablishing, and sustaining safe, affordable, stable housing opportunities in the community. Housing has been shown to be among the most important factors in an individual's long-term recovery. Housing First models show better outcomes for individuals re-entering the community for jail. 4. Community re-entry & transition planning. Recommendation / Conclusion: Staff had George Woodley, Ph.D,NCMP, Program Administrator, with Department of Children and Families Substance Abuse and Mental Health District, review this proposal. Dr. Woodley stated in an e-mail" I have analyzed the expenditures and find them to be fully in compliance with the objective of having persons from the jails housed and receiving treatment. The only thing which is different from your original proposal which they had sent to you was these individuals are not living in a specially designated place. They are however getting the housing and wrap around services intended. I have no problem supporting this venture. I fully support New Horizon invoice submission." Staff recommends the Board enter into a contract with New Horizons for the provision of providing community -based services and supports (i.e. wrap-around services). Cases would be channeled through the Mental Health Court, thereby providing accountability for accurate invoicing. The funding for these services would be from June 15th thru September 30th, 2006, in the amount of $93,555.00 (invoiced), and $141,240.00 was approved and budgeted from FY 2005/2006 budget. Additionally, the approved and budgeted amount of $481,000.00 would be from October 1, 2006 thru September 30th, 2007. These funds have been budgeted for FY 2006/2007 in the criminal justice budget. New Hor;zoJ1S OF THE TREASURE COAST, INC. St. Lucie County Jail Diversion October 3,2006 The original terms of our contract with St. Lucie County, effective June 15,2006, involved the provision of 40 beds for mental health/substance abuse and co-occurring disorder services for both males and females who would otherwise be incarcerated in the County jail. These beds were to be operated by various community providers, primarily our partners in the Faith Community. There have been several factors affecting New Horizon's ability to adhere to the original terms of the contract, but the primary factors include: 1. Our Faith Community partners' programs were not designed to meet the needs of persons living with severe and persistent mental illnesses, including those with co-occurring disorders. This is especially true for males, given Faith partner programs place a heavy emphasis on employment. 2. The federally-funded Access to Recovery Program includes vouchers for residential services. We believe County resources should be a funding source of last resort. 3. New Horizons does not, itself, operate the equivalent of a 40-bed, residential mental health/substance abuse and co-occurring disorder facility. We understand the County's overarching goals to divert individuals with mental illness and co-occurring disorders from being unnecessarily incarcerated in our county jail, with the added benefit of significant cost savings. Current Evidence-Based Practice models, recent research, and emerging best practices have shown better outcomes for this population through community-based services and supports (i.e. wrap-around services). These include: 1. Medication management, intensive case management, psychosocial rehabilitation, and substance abuse services provided in community-based and natural settings. 2. Integration of family and other natural support systems, including peer supports. 3. Assistance with establishing, re-establishing, and sustaining safe, affordable, stable housing opportunities in the community. Housing has been shown to be among the most important factors in an individual's long- term recovery. Housing First models show better outcomes for individuals re-entering the community from jail. 4. Community re-entry & transition planning. New Horizons proposes more flexible utilization of the $480K funds. This would include the array of services and supports mentioned above. New Horizons is confident our proposed changes are aligned with the County's overarching goals. Coupled with the County's strong support for Mental Health Court, New Horizons has been successful in saving the County over 2500 jail bed days since the June 15th. However, the recent changes in Medicaid and Medicare, limited funding from the Department of Children and Families, we cannot provide the level and intensity of services necessary to continue to help people succeed in the community without the ability to use these County funds flexibly. New Horizons is committed to keeping people with mental illness and co-occurring disorders from unnecessary incarceration. Each individual has unique needs. Our proposal would allow us to best serve these individuals, as well as our community's need for public safety. Should you have additional questions, feel ftee to contract us. Administrative Offices - 4500 W. Midway Road· Fort Pierce, Florida 34981-4823 772-468-4073 . Fax 772-468-5606 ~6~ carr ~". dÞ~ St. Lucie County Jail Diversion October 5, 2006 New HoyjzOJ1S OF THE TREASURE COAST. INC. The original terms of our contract with St. Lucie County, effective June 15, 2006, involved the provision of 40 beds for mental health/substance abuse and co-occurring disorder services for both males and females who would otherwise be incarcerated in the County jail. These beds were to be operated by various community providers, primarily our partners in the Faith Community. There have been several factors affecting New Horizon's ability to adhere to the original terms of the contract, but the primary factors include: 1. Our Faith Community partners' programs were not designed to meet the needs of persons living with severe and persistent mental illnesses, including those with co-occurring disorders. This is especially true for males, given Faith partner programs place a heavy emphasis on employment. 2. The federally-funded Access to Recovery Program includes vouchers for residential services. We believe County resources should be a funding source of last resort. 3. New Horizons does not, itself, operate the equivalent of a 40-bed, residential mental health/substance abuse and co-occurring disorder facility. We understand the County' 5 overarching goals to divert individuals with mental illness and co-occurring disorders tì"om being unnecessarily incarcerated in our county jail, with the added benefit of significant cost savings. Current Evidence-Based Practice models, recent research, and emerging best practices have shown better outcomes for this population through community-based services and supports (i.e. wrap-around services). These include: 1. Medication management, intensive case management, psychosocial rehabilitation, and substance abuse services provided in community-based and natural settings 2. Integration of family and other natural support systems, including peer supports 3. Assistance with establishing, re-establishing, and sustallring safe, affordable, stable housing opportunities in the community. Housing has been shown to be among the most important factors in an individual's long-term recovery. Housing First models show better outcomes for individuals re-entering the community from jail. 4. Community re-entry & transition planning. New Horizons proposes more flexible utilization of the $480K funds. This would include the array of services and supports mentioned above. New Horizons is confident our proposed changes are aligned with the County's overarching goals. Coupled with the County's strong support for Mental Health Court, New Horizons has been successful in saving the County over 2500 jail bed days since the June 15th. However, the recent changes in Medicaid and Medicare, limited funding from the Department of Children and Families, we cannot provide the level and intensity of services necessary to continue to help people succeed in the community without the ability to use these County funds flexibly. New Horizons is committed to keeping people with mental illness and co-occurring disorders :lÌ'om unnecessary incarceration. Each individual has unique needs. Our proposal would allow us to best serve these individuals, as well as our community's need for public safety. Should you have additional questions, feel free to contract us. Administrative Offices - 4500 W. Midway Road· Fort Pierce, Florida 34981-4823 772-468-4073· Fax 772-468-5606 ~n carr '%... '---./~' ·~\tro~ New Horizons of the Treasure Coast, Inc. Jail Diversion Contract Prepared for St. Lucie County Board of Commissioners December 5, 2006 Meeting National Data- Council of State Governments Mental Health/Criminal Justice Consensus Project · 70% recidivism rate for defendants with mental illness · Inmates with mental illness spend 4-5 times longer in jail than other inmates St. Lucie County Mental Health Court Impact · Currently approximately 110 individuals under MH court supervision. · Since MH Court began in June, S1. Lucie County jail has identified 184 prisoners for MH Court diversion. Community placement days and Fiscal Impact (based on $69/day for inmates w/o MH services compared to $345-$414/day for inmates receiving MH services- data provided by Major Tighe, St. Lucie County Sheriffs Department, personal communication) · June 6- August 31 community placement days in lieu of jail- 1702/42 clients Community Days vs. Jail da s June-Au ., 1702 · September community placement days in lieu of jail- 1133 days/48 clients Community Days vs. Jail da s Se t., 1133 · 90 day/maximum inclusion period in reports for statistical purposes (average length of stay in jail for misdemeanors 83 days) S1. Lucie County Board of Commissioners Meeting December 5, 2006 1 MH Court Population · Approximately 85% have Substance Abuse diagnosis, in addition to Psychiatric diagnosis (Co-occurring disorders) · Approximately 70% have no benefits (Medicaid/Medicare) · Approximately 35% have no previous contact with New Horizons services; these are new clients and all have no benefits. · Approximately 50% meet federal PATH criteria for being 'literally homeless'. October and November stats will be provided at the next Public Safety Coordinating Council meeting. Other Resources 1. Creating Effective Diversion Programs- Criminal Justice Subcommittee of the President's New Freedom Commission on Mental Health: Achieving the Promise 2. Message from the Little Hoover Commission, July 2002- Criminal Justice Primer for State Mental Health Agencies, National Technical Assistance Center for State Mental Health Planning 3. 2006 Mental Health Population Statistics- St. Lucie County Sheriffs Department, November 30,2006 Public Safety Coordinating Council Report St. Lucie County Board of Commissioners Meeting December 5, 2006 2 John Romano From: Sent: To: Cc: Subject: George Woodley [George_Woodley@dcf,state.fl.us] Monday, November 27, 20063:03 PM MarkG@stlucieco.gov jromano@nhtcinc.org New Horizon Jail Diversion. Mark Hi! I have been trying to get in touch with you for a while. I know we have missed each other. I have looked at the bills sent you from New Horizon. I have analyzed the expenditures and find them to be fully in compliance with the objective of having persons from the jails housed and receiving treatment. The only thing which is different from your original proposal which they had sent to you was these individuals are not living in a specially designated place. They are however getting the housing and wrap around services intended. I have no problem supporting this venture. I fully support New Horizon invoice submission. George A Woodley Ph.D.NCMP. Programme Administrator Substance Abuse and Mental Health District 9/ 15 Phone.561/650/6821.sun com 252/6821 Phone 772/467/5523.sun com.240/5523 Fax 561/650/6859. 772/429/2049 george_woodley@dcf.state.fl.us CONFIDENTIALITY NOTICE: This message and any attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information that is exempt from public disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this message in error please contact the sender (by phone or reply electronic mail) and then destroy all copies of the original message. 1 Creating Effective Diversion Program.s Diversion programs for people with serious mental illnesses can be of two basic types: pre booking, i.e., before any criminal charges are filed; and postbooking, Le., after charges are filed. Postbooking programs, in turn, can also be of two types, court-based and jail- based, with the location referring to where the people to be diverted are identified and their alternatives to incarceration are planned and negotiated. Effective Diversion Programs The data from the recently completed SAMHSA Jail Diversion KDA nine-site study indicated all three types of diversion (prebooking, jail-based postbooking, and court-based postbooking) may work equally well depending on other community characteristics. If there are appropriate services to which people are diverted, police, court, or jail diversion programs can successfully reduce recidivism and extend the community tenure to those diverted. Diversion programs accomplish three things: 1. Find the people in the target group who are to be diverted; 2. Arrange an appropriate multisystem service plan; and 3. Negotiate an arrangement between prosecutor, defense council, and the judge for these services in lieu of incarceration. To successfully accomplish these tasks requires dedicated staff members who are, above all, boundary spanners, Le., people who are adept at operating across, and who have credibility with, multiple systems (Le., mental health, substance abuse, criminal justice, social services, housing, and health; Steadman, 1992). According to Steadman (1992), mounting a successful diversion program requires the following key components: · Coordinating a comprehensive set of services at the community level, including integrated mental health care and substance abuse treatment, physical health, and social services (such as housing and entitlements), with a high level of cooperation among all involved agencies. · Liaisons to bridge the barriers between the mental health and criminal justice systems and to manage the interactions between corrections, mental health, and judicial staff. These individuals need to have the trust and recognition of key players from each of the systems to be able to effectively coordinate the diversion effort. · A strong leader with good communication skills and an understanding of the systems involved and the infonnal networks needed to put the necessary pieces in place. · Early identification of detainees with mental health treatment needs who meet the diversion program's criteria. This is done through the initial screening and evaluation that takes place in a crisis triage center, an arraignment court, or at the jail. · Case managers who have experience in both the mental health and criminal justice systems and who are culturally and racially similar to the clients they serve. An effective case management program is one of the most important components of successful diversion. 9 ,\lid\~('1 E. .'Ipert UJI,;rI1I11H Sranlc\·!t. Zu l~kf.(."bt'Î1111l1N I'm Ounpbt'ß 1s.rml!J!yOIrlNbrr D~\' (IJ E Htcit l):lIlid \\. ! lanenek Snmrr c. \¡'~Id:t\\· Jl'l11ifl~r ,\. ()pm~h~\\" Clmrlt':> S. Pooehi:,riat JrtlllfOl' II. I :ric Sehuekmall Richilnllt 'fl'ntm ¡\Ian YarJ!:11Õ ,h,rmI1r1l1f'mbrr John \ '1:<C:lmcdlm . I'r.llilfnr Sr:tI1!t·y \1. "/.lInn1t'nn~11 I~nll':< P. .\r11\·cr i :.wl1Ifirr U;n'~/nr Message from the Little Hoover Commission State qf California LITTLE HOOVER COMMISSION July 2002 Dear Friends: Policy-makers and the public have become increasingly concerned with the plight of people with unmet mental health needs. The U.S. Surgeon General's historic report on mental health and the establishment of the President's New Freedom Commission on Mental Health have bolstered the momentum of reform efforts. While this national leadership is essential to reforming mental health policy. the performance of public efforts Is ultimately the result of state and local initiative. That Is why I am honored to introduce this report on the relationship between the mental health and criminal justice systems. California's Little Hoover Commission has partnered with the National Association of State Mental Health Program Directors on this project as a way to challenge and guide local leaders to champion reform in their own communities. Throughout the nation, billions of dollars are spent responding to the consequences of untreated mental illness--rather than efficiently and effectively addressing those needs. We pay for jails, prisons and court costs because mental health treatment is not available. In California, the Commission concluded that we have cIiminalized mental illness. State and federal statutes instruct service providers to turn away those in need because funding is limited. But law enforcement is expected to respond to every call, to keep every peace, and to ensure everyone's safety. Absent adequate mental health services. the cop has become the clinician. The jail has become the crisis center, As this report explains. other states face similar realities. This primer outlines the opportunities and the benefits of tailored services, enhanced cooperation among public agencies, and continuous improvement of services. It also describes efforts already underway around the country to improve outcomes. These efforts demonstrate that improving mental heath care yields positive returns Including lower criminal justice costs, healthy business districts. and more Importantly - a renewed hope for people who are too often viewed as a liability rather than an asset. Sound mental health policy Is about compassion for human suffering and the quality of life in our communities. our neighborhoods and in our homes. I urge you to review this report, to become aware of innovations taking hold around the country and to do your part to ensure that no one ends up In the criminal justice system because appropriate mental health care was not available. Sincerely, ~~~h~ The Little Iloover C()mmi~~ion i~ an independent state ovcf:iight agency in California. The biparri~an Commi~sion i¡.¡ comr()~ed of five public membcrn appointed by the Governor, four public member:; appointed by the J.C .,ri~laturc~ two Senators and two . \~~cmblymcmbcr~. Copic~ of the (:ommiôôio!l'ô report" on mental health are available on itô Web site at wwwJbc.ca, 1;ov/lhc,htm, Milton Marks Commi$$ion on California State Government Orh111nixation anù Ecot1omy. hnp:/ /www.lhc.ca.gov/lhc.html 925 J. Street, Suite 805 t Sacrdmento, C\ 95814 . 916-445-2125 . fax 916-322-7709 t "maillittle,ho"ver@lhc,ca,!(ov Criminal Justice Primer for State Mental Health Agencies Page iii c: o -- +-' «1 - :::J o a.. ..c +-' - «1 (J) I - «1 +-' c: (J) :E «) o o C\I 0> I'- co ~ C> C .- > .- 0) o 0) c:: en +-' c 0) .- +-' eo a. u 0) +-' ~ 0) o L- eo o c ~ CD o ........ ~ ........ ~ ~ o I- >- '-'" en c o .- +-' eo o .- u 0) 2 o .- '+- a. o e L- +-' 0) 0 .c ..c: E 0 ::J ~ za. ~ ~ o o I'- CD V ~ - v ..c: +-' eo 0) J: - eo +-' c 0) 2 u 0) t c o 0 Q.:p 0) eo c:: (¡) en ~ C eo 0) 0 :p C eo a.. 0 +-' '+- L- o 0 L- . ¡:: 0) a. .c E ~ ::J eo zu . N ~ o o CD V LO LO ('f) en ::J o .- > 0) L- a. u C 0) 0 t:::+:ï o eo a. .N 0)- eo c::~ en a. +-' en C 0 .~ :I: +-' eo..c: a.+-' '+- eo o 0) L-:I: 0) eo .c+-, E C ::J 0) z~ . ('f) ~ o LO co v ('f) o LO C) C ï:::: L- ::J o o o I o U « u a> t o Q. a> c:: en +-' C a> +-' eo a. '+- o L- L- a> 0) .c"E E 0 ::J .~ ZO . v + o o v ~ a> ..c: I- o ~ I-+-' en C +-' ::J c: E Q) +:i E m 0 a..u ~+-' CD en Z ~ '+-u o L- ~ a> ::J ..c en E eo ::J ~ ZI- . lC) Q) :S 't) ~ c: co co ~ S Q) è5 ~ ~ ~ -- =-=: ~ ~co:.ï:: c: """) co ~~Q §:S Soè5 0(,) Q) .QQ):t: "-........ -- J2g~ "'0 -J c: Q)~ ~ 15 CI) <: .~£ ~I ~ êõ ,.q ~~ ~~ Q)"-;' <::) ..Q~~ C'fQ)'t-- ~ E: 0 'to... co CI)::::: O°:Sco __ . c: ,.... """) co - -- ~~ g~ ~ c: ¡;;: -- co .92 <::) 0=:3 ....... ~ ~co~() coQ..~Q) ........ .~....... ~CO'h:O Q)'S¿ Q) =:3 ~ "ö :s-J I...:::~ ~ <: .s C/) . . .! o :;: 12/04/06 " FZABWARR FUND 001 001159 001172 001174 001177 001182 001404 001415 001814 101 101002 101003 101004 101006 102 102001 107 107001 107002 107003 107006 109 111 112 'I 126 129 130 136 139 140 150 160 183 183001 183004 183006 184210 185007 185008 204 310002 316 316301 317 401 418 ST. LUCIE COUNTY - BOARD WARRANT LIST # 9- 25-NOV-2006 TO 01-DEC-2006 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 04 CDBG Grant FY 05 FHFC Disaster Relief Grant Section 112/MPO/FHWA/Planning 2006 CSBG Grant FY07 05 CDBG Sup Diaster Recovery TDC Planning Grant FY 07 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 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 Drug Abuse Fund River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Grove Fund Port & Airport 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 FDEP - SLC South Dune Restoration FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Communication System I&S Fund Impact Fees-Parks County Capital FDOT Inter.modal Improvements County Capital-St Revenue Share Bnd Sanitary Landfill Fund Golf Course Fund EXPENSES 5,200,122.25 0.00 35,998.02 9,175.40 418.29 0.00 5,000.00 0.00 0.00 1,165.91 22,147.96 4,427.35 7,707.02 236,837.70 1,026.20 13,292.85 5,037,097.47 1,083.04 32,541. 05 1,139.73 0.00 35.00 2,782.84 590.95 175.80 1,015.34 121. 81 35,969.64 1,560.00 1,452.28 741.53 5,676.14 0.00 1,040.51 1,589.58 156.87 76.90 668.09 3,565.35 96,829.75 81,402.18 700.38 2,124.01 13,460.00 151.11 70,628.34 117,254.21 6,206.82 PAGE PAYROLL 632,773.48 224.25 0.00 0.00 4,992.69 1,722.26 1,325.47 697.67 1,391. 91 44,893.51 44,948.92 34,787.80 19,272.38 0.00 84,923.55 6,532.14 120,155.45 1,019.04 30,420.50 0.00 6,248.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,956.01 0.00 0.00 15,602.82 2,130.40 3,032.80 0.00 0.00 1,507.10 0.00 0.00 1,021.00 3,218.27 0.00 0.00 0.00 0.00 0.00 73,722.23 24,288.09 1 12/04/06 ST. LUCIE COUNTY - BOARD PAGE ... FZABWARR WARRANT LIST # 9- 25-NOV-2006 TO 01-DEC-2006 FUND SUMMARY !'OND TITLE EXPENSES PAYROLL 451 S. Hutchinson Utilities Fund 2,422.73 1,907.63 458 SH Uti1-Renewa1 & Replacement Fund 1,012.50 539.54 461 Sports Complex Fund 10,026.65 15,794.42 471 No County Utility District-Operatin 10,493.85 7,910.40 478 No Cty Uti1 Dist-Renewa1 & Replace 0.00 868.32 479 No Cty Uti1 Dist-Capita1 Facilities 7,916.43 1,409.76 491 Building Code Fund 0.00 75,045.19 505 Health Insurance Fund 239,428.59 5,748.15 611 Tourist Development Trust-Adv Fund 3,800.00 4,054.23 625 Law Library 25,692.80 0.00 801 Bank Fund 53,316.00 0.00 GRAND TOTAL: 11,409,265.22 1,276,085.44 2 '\ .,. y" AGENDA REQUEST ITEM NO. ¿2~ DATE:December 5, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: See CA No. 06-1946 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. IX] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: Doug . Anderson County Administrator [X] County Attorney: t:fi Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge,: [ ) Parks & Recreation Di rector [ ] 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: 06-1946 DATE: December 5, 2006 SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of several property owners to repair their embankments causing severe erosion to the embankment and undermining Indian River Drive in several locations. Resolution No. 00-277 authorizes the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. On November 21, 2006, the Board approved a Declaration of Emergency on Indian River Drive. On November 28, 2006, the Board approved an extension of the State of Emergency. It is necessary to extend that state of emergency again. Attached is an extension of the Declaration of Local Emergency for Indian River Drive. RECO M MEN DATION I CO NCLUSION: Staff recommends the that Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. Res,pectfully submit d, Heather Sperrazza '!6k'}1J pL ~ Assistant County Attorney HL/ .. f AN ORDER OF THE PUBLIC SAFETY DIRECTOR OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY ( Indian River Drive) WHEREAS, the St. Lucie County Public Safety Director has made the following determinations: 1. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The Public Safety Director declared a state of emergency on November 28, 2006, at 9:00 am on Indian River Drive. 3. Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of the several property owners to repair their embankments, causing severe erosion to the embankment and undermining Indian River Drive in several locations. 4. The presence of this severe erosion and undermining of Indian River Drive has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 5. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Such declaration is extended for seven (7) days until December 12, 2006 at 9:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 7. This Extension of the Declaration of Emergency shall become effective December 5, 2006 at 9:00 a.m. Jack T. Southard Public Safety Director '~ ~/ AGENDA REQUEST ITEM NO. C2C DATE: December 5, 2006 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-lD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney loAnn Riley Property Acquisition Manager SUBJECT: Donation of Right-of-Way Xenon, S.A., a Switzerland Corporation 9 feet on Prima Vista Boulevard Resolution No. 06-375 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 7, 2005 - Growth Management Assistant Director granted minor Site Plan approval conditioned upon dedicating 9 feet of additional right-of-way on Prima Vista Boulevard and U.S. Highway 1 to St. Lucie County from Xenon, S.A., Mobil Service Station. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chairman to sign Resolution No. 06-375 and direct staff to record the documents in the Public Records of 81. Lucie County, Florida. !XI APPROVED [ ] OTHER Approved 5-0 [ ] DENIED COMMISSION ACTION: Dou a . Anderson County Administrator [x] County Attomey:¡1( Review and Approvals [x] Originating Dept: j'('At- [ ] Mosquito Control: [x] Public Works:~.. [x] Engineering: (Îltltf [x] Road and Bridge: 8 Z PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: December 5, 2006 SUBJECT: Donation of Right-of-way 9 feet on Prima Vista Boulevard Resolution No. 06-375 BACKGROUND: On December 7, 2005, the Growth Management Assistant Director granted Minor Site Plan approval for a Mobil Service Station at Prima Vista Boulevard and US Highway One. GM-05-028 contained a condition requiring the developers convey 9 feet of additional right-of-way on Prima Vista Boulevard to St. Lucie County. Xenon, S.A. has submitted permits for the construction of the Mobil Service Station. Attached is a copy of the Warranty Deed for the mentioned right-of-way on Prima Vista Boulevard and Resolution No. 06-375. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chairm.an to sign Resolution No. 06-375 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Ri ley Property Acquisition Manager " />, ,\ - />(".' ,A'/' \, /-' /"\ \ >\'( y/ \. \ ,.....-/... 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LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Warranty Deed is duly accepted on behalf of St. Lucie County this 5th day of December, 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN ATTEST: CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G:\ACQ\WPI./anetIRight of way to CountylCorner of US) and Prima VistalResolution.wpd This instrument prepared by: Kel1)' E, Rosenthal, Esq, Rosenthal Rosenthal Rasco. LLC 2875 N.E, 191 Street, Suite 500 Aventura. F10rida 33180 Folio No. WARRANTY DEED Oc!ðb(¡ THIS WARRANTY DEED, made this 1 (i~day of S~l'tZ;mðt1f, 2006, between XENON, S.A., a Switzerland corporation, *Grantor*, whose address is c/o P. Freiburghaus, Sodmattweg 20, 3700 Spiez, Switzerland, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, *Grantee*, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982. WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, the Grantee's heirs and assigns forever, the following described land, situate, lyUig and being in ST, LUCIE County, Florida, to-wit: See Exhibit "A" attached hereto SUBJECT TO: Conditions, restrictions, limitations, easements, reservations, and instnnnents of record, if any; however this provision shall not serve to reimpose same; all applicable zoning, building, and other governmental regulations, and taxes for the year 2006 and subsequent years. TO HAVE AND TO HOLD the same unto the Grantee in fee simple. And the said Grantor does hereby covenant with the Grantee that it will defend the same against the lawful claims and demands of all pers0!l5 claiming by, through or under Grantor. *"Grantor" and "Grantee" are used for singular or plural, as context requires, IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year fITst above written. XENON, S.A. · SWilz~"",w~rporation BY: Ii' PAULF 'ŒIAUS ---.. A. J/adL- Print Name AI"Jl!?jh(í!.ld 1-h1Ýj1,-'7 SWITZERLAND NOTARIZATION ATTACHED HERETO · ,~ (ff~~. ,-.,~ ~' ,~ LEGALIS AT ION (Company signature) Walter Wenl!er, notary public of the Canton of Berne (Switzerland), registered in the register of notary of the canton of Berne, with office at Thun, certifies: The foregoing signature on behalf of the Xenon S.A., Limited Corporation with regis- tered office in CH-3700 Spiez, Switzerland, was written in his own hand by Mr. Paul Freiburl!haus, born 21 st December 1938, citizen of Neuenegg (Switzer- land), married, CPA, Sodmattweg 20,3700 Spiez, managing director, who is compe- tent to act and known to the notary personally. Certified at the office of the notary public at Thun on the tenth October two thousand and six. The notary public: "," ,., (4, oil + SKETCH AND LEGAL DESCRFT10N BY PULICE LAND SURVEYORS, INC. 5381 NOS HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 . FAX: (954) 572-1778 E-MAIL: surveyslCpulicetondsurveyor...com CERTIFICA TE OF AUTHORIZA nON #1-83870 , POINT OF COMMENCEMENT S.W. CORNER TRACT "Eft -------- ------ N27'SS;21,ÿ¡I··· 9.00' I . I U.S, HIGHWAY #1 -+- (STATE ROAD #5) ---~----------- ----- .., .. .9 I / ... ~ ( ~~ / ~~ / /:~ / I I~~ , / I b... . / H¡~ r---- nfr .<I! JO'.<5' ~ ~TAt1ON :/~ .' PlAT e~'J.~AG£ 2-A / , I'IESTERL Y UHE "'ACT '0-2" : S27'SS'21'E 160.28' . , POINT OF BEGINNING / / / Aa-IT-oF-WAY CEDlCAìlON / 2,085 SQUARE Ft.ET O,O~ ACRES / / / / / / ..""'" Q"~ i!i ~~ ~/f 1 / :- - - - - - - -- -1- -2õ="urolYE..šËMt~...r - WESTmL'r UN! LOT R.B. 941. PAGE 1256 EASTERLY RIGHT-Of-WAY liHE t~ ð'" I l.i~ I . =>d ~~ ¡' ~.. <... "'~ ~a.. ,¡ ;- '~ : DntT ~ ~ ~ ,,::1:4- ~,.,.... ~!j 1;..7 .\"~ "'«~ .l 1 ~~ 11>0 èJ ~ FILE: EXXONM061L OIL CORP. SCALE: 1"-80' OADER NO.: 48647-3 DATE: 11/14/05 RlaHT..OF-WA Y DEDICATION PORT ST. LuaE, ST. LUCIE COUNTY, A..OAIDA FOR: MOBIL SITE *19144 John F. Pulic6. R~g. Land Surveyor #2691 Beth Burns. Reg. L'Jnd Surveyor #6136 State of Fìariào EXHI(j/; A + /.'f I / ' I /.' /, I / I I /)...Ij ,'~ I I ;.. ¡ t...... ~,.. I z ~ã'" I~; ~~~ I ~~ i&:tG. "'"' ~i~ ¡ §;; t!:gš I '"0 !)5im :5m ~â~ I ~~ i~m. J I po '" I f--1 !~ ffi~ I .I~,,:I ¡:j~ , l:ìS ¡ , ~~ ¡ 2~ I -- + SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOS HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777 . FAX: (954) 572-1778 E-MAIL: surveysOpul1celondsurveyc>rs,com CERTIFICATE OF AUTHORIZATION #1-83870 + LEGAL DESCRIPTION: RIGHT-Of-WAY DEDICATION A PORTION OF LOTS 3 AND 4 OF "LAKE 0' THE WOODS SUBDIVI$ION" AS RECORDED IN DEED BOOK 172 AT PAGES 30, 31 AND 32 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "E", "PRIMA VISTA CROSSINGS" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGE 21 OF SAID PUBLIC RECORDS; THENCE NORTH 84'51'00" EAST ON THE SOUTH LINE OF SAID TRACT "E" AND THE SOUTH LINE OF LOT 3 AND A SOUTH LINE OF TRACT "0-2" OF "PRIMA VISTA CROSSINGS REPLA T NO.3", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43. PAGE 2 OF SAID PUBLIC RECORDS, 309.10 FEET TO THE INTERSECTION WITH A WESTERLY LINE OF SAID TRACT "0-2"; THENCE SOUTH 27'SS'2'" EAST ON SAID WESTERLY LINE 180.28 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 21'55'21" EAST ON SAID WESTERLY LINE 9.00 FEET TO THE INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF PRIMA VISTA BOULEVARD AS SHOWN ON SAID PLAT; THENCE SOUTH 62' 04'23" WEST ON SAID NORTHERLY RIGHT-OF-WAY LINE 285;00 FEET TO THE INTERSECTION' WITH THE EASTERLY RIGHT-OF -WA Y LINE OF U.S. HIGHWAY NO.1 (STATE ROAD NO.5); THENCE NORTH 27'55'21" WESTON SAID EASTERLY RIGHT-OF-WAY LINE 9.00 FEET; THENCE NORTH 62'04'23" EAST 285,00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,565 SQUARE FEET, 0.0589 ACRES. NOTES: ') BEARINGS ARE BASED ON THE SOUTH liNE OF TRACT "C BEING N84·S1'OO"E. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY, 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) O.R.B. DENOTES: OFFICIAL RECORDS BOOK FILE: EXXONMOBIL OIL CORP. SCALE: N/A ORDER NO.: 48647-3 DATE: 11/14/05 RIGHT-oFWAYDE~CA~ON PORT ST. LOOe, ST. LUCIE COUNTY, FLORIDA FOR: MOBIL SITE i19144 t LOCATION MAP NOT TO SCALE / John F. Pulfce. Reg, Land Surveyor '2591 Beth 8urns;Reg, Land Surveyor 161J6 State ofFI~rlda £lJI/8/ 1 IT (Qon1,1] (,~et:J.) «J /7. . , EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 1# 2762481 12/15/2005 at 10:37 AM OR BOOK 2438 PAGE 780 - 783 Doc Type: ORD RECORDING: $35,50 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 GM-05-028 File No.: MNSP-05-016 AN ORDER GRANTING MINOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS MOBIL SERVICE STATION WHEREAS, the S1. Lucie County Growth Management Director has reviewed the application for site plan approval submitted by Van H. Rankin, reviewed the comments of the S1. Lucie County Development Review Committee on this application, and made the following determinations: 1. A 4,060 square foot convenience store with gas sales and a 1, 152 square foot car wash has been proposed for a project to be known as Mobil Service Station, in the CG (Commercial, General) Zoning District for the property described in Part A and located at the northeast comer of Prima Vista Boulevard and S. US Highway 1 (7590 S. US Highway 1, Port S1. Lucie, FL). 2, The Development Review Committee has reviewed the site plan for the proposed project and found it to meet technical requirements of the Land Development Code and to be consistent with the S1. Lucie County Comprehensive Plan. 3. The proposed project is consistent with the general purpose, goals, objectives, and standards of the S1. Lucie County Comprehensive Plan and the S1. Lucie County Land Development Code, 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, ut~ity facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project is to be served by the City of Port St. Lucie Utilities water and sewer system, 8, The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, S1. Lucie County Land Development Code. December 7. 2005 Page 1 GM Order 05-028 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03(A)(5) of the St. Lucie County Land Development Code, the Final Site Plan for the project to be known as Mobil Service Station be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by the Progressive Development Group, Inc., on April 10, 2005 and last revised on November 18, 2005 and received by the St. Lucie County Growth Management Director on November 28, 2005, for the property described in Part B below is hereby approved subject to the following conditions: 1. Prior to the issuance of any Certificate of Occupancy, the developers, owners, or assigns are required to convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, 9 foot of additional right-of-way along the site plan's southern property line for the future widening of Prima Vista Boulevard. 2. Prior to the issuance of a St. Lucie County Vegetation Removal Permit a check in the amount of $11,900 will be submitted to SLC Environmental Resources Department to satisfy the 59.5" of outstanding mitigation, as is outlined on the Landscape Plan revised 11/18/05. B. The property on which this development will take place is described as follows: A portion of Lots 2,3 and 4 of "Lake 0' the Woods Subdivision" as Recorded in Deed Book 172 at Pages 30, 31 and 32 of the public records of St. Lucie County, Florida, being more particularly described as follows: Begin at the southwest comer of Tract "E", "Prima Vista Crossings" according to the plat thereof as recorded in Plat Book 40, Page 21 of said public records of St. Lucie County; thence north 84°51 '00" east on the south line of said Tract "E" and the south line of Lot 3 an Tract "0-2", "Prima Vista Crossings Replat NO.3" according to the plat thereof as recorded in Plat Book 43, Page 2,of said public records of St. Lucie County for a distance of 309.10 feet; thence south 27°55'21" east on the westerly line of said Tract "0-2" for 189.28 feet to the intersection with the northerly right-of- way line of Prima Vista Boulevard as shown on said plat; thence south 62°04'39" west on said northerly right-of-way line for 285.00 feet to the intersection with the easterly right-of-way line of U.S. Highway NO.1 (State Road No.5); thence north 27°55'21" west on said easterly right-of-way line for 308.94 feet to the point of beginning. Said tract of land containing 70,997 square feet (1.6299 acres). (Tax 10#: 3422-801-0003-0005) (Location: 7590 South US Highway 1, Port St. Lucie, FL, the northeast corner of South US Highway 1 and Prima Vista Boulevard,) B. This site plan shall expire on December 7, 2007, unless a building permit or a site plan approval extension is granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. All requests for site plan extension shall be December 7, 2005 GM Order 05-028 Page 2 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 accompanied by a request for a new certificate of capacity for the property and project described in this Order. The Final Site Plan approval granted under this resolution is specifically conditioned to the requirement that the petitioner, Van H. Rankin, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part A. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Section A above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved, E. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. F. The certificate of capacity, attached as Exhibit At shall be valid for the same period as this order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 7th Day of December 2005. GROWTH MANAGEMENT ASST. DIRECTOR ST. LUCIE COUNTY, FLORIDA BY ÚJL? ~ Gilbert Backenstoss dw H :\DRC\projects\mobil\gmorder December 7,2005 Page 3 GM Order 05-028 St Lucie County Certificate of Capacity Date 12/7/2005 Certificate No. 2297 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Minor Site Plan Number of units 0 Number of square feet 5212 2. Property legal description & Tax ID no. 3422~80 1-0003-0005 NE CORNER OF S. US I AND PRIMA VISTA BLVD. MOBILE SERVICE ST A nON 3. Approval: Building Resolution No. GM-05-028 Letter 12/7/05 4. Subject to the following conditions for concurrency: See GM-05-028 which includes 1. $11,900 to be paid prior to issuance of vegetaion removal permit. 2. A 9 foot additional right-of-way to be dedicated prior to CO. Owner's name Van Rankin Address 3959 Van Dyke Road, Suite 288 Lutz FL 33558 6. Certificate Expiration Date 12/7/2007 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed 6Æf~ Date: 12/7/2005 Growth Management Director St Lucie County, Florida Wednesday, December 07, 2005 Page 1 of2 'I! '" .............. AGENDA REQUEST ITEM NO. C2D DATE: December 5, 2006 REGULAR [ ] PUBLIC HEARING [ ] TO: BOARD OF COUNTY COMMISSIONERS CONSENT [xx] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Florida Communities Trust Hackberry Hammock / FCT Project 05-069-FF5 Option Agreement for Sale and Purchase Riverview Developers, LC and Royal Professional Builders, Inc. Part of Tax I.D. No. 3232-211-0001-000/7 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds will be made available in: 317-3920-561000-3116 (Environmental Lands - County Capital-Sf Revenue Share Bond) PREVIOUS ACTION: May 3, 2005 - Received Board of County Commission authorization to submit a Grant Application to Florida Communities Trust for the Hackberry Hammock project. October 25,2005 - Received Board of County Commission approval authorizing the Chairman to execute and transmit the Grant Contract to Florida Communities Trust. February 14, 2006 - Board of County Commissioners approved the Contract for Sale and Purchase of the Kelly parcels. RECOMMENDATION: Staff recommends that the Board approve the Option Agreement for the donated parcel as shown in pink on the attached map, authorize the Chairman to execute the Option Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. [')e APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dougla A erson County Administrator COMMISSION ACTION: [XX] County Attorney: ¡j- Review and Approvals [XX] Environmental Resources: ArJ.. ] County Engineer: [XX] Originating Dept,: .::)1\J\.f'-.- [ ] Road & Bridge: ] OMB: G:\ACQ\WP\JoAnn\Environmental\Hackberry Hammock\Riverview Developers\Agenda Request Parcel Hwpd INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: December 5, 2006 SUBJECT: Florida Communities Trust Hackberry Hammock / FCT Project 05-069-FF5 Option Agreement for Sale and Purchase Riverview Developers, LC and Royal Professional Builders, Inc. Part of Tax I.D. No. 3232-211-0001-000/7 BACKGROUND: On May 3, 2005, the Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust for the Hackberry Hammock project. On October 25, 2005, the Board of County Commissioners approved the Grant Contract with Florida Communities Trust (FCT) for the purchase of the Hackberry Hammock project. The Grant Contract provides 39.12'Yo of the project costs. The remaining 60.88'Yo of the cost to acquire the parcels will be provided from the value of a 18 +/- acre parcel of land donated by a landowner within the Hackberry Hammock project. On February 14,2006, the Board of County Commissioners approved the Contract for Sale and Purchase of the Kelly parcels. Attached you will find a copy of the Option Agreement for Sale and Purchase of the donated parcel referenced above. The value of the donation is based on approisals performed by Deighan Consultants and Fuller-Armfield-Wagner and approved by Florida Communities Trust. RECOMMENDATION: Staff recommends that the Board approve the Option Agreement for the donated parcel as shown in pink on the attached map, authorize the Chairman to execute the Option Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, , Ann Riley Property Acquisition Manager G:\ACQ\WP\JoAnn\Environmental\Hackberry Hammock\Riverview Developers\Agenda Memo Parcel H,wpd c o :¡ ':; 8" ~ ~ o 411 o i E i ~ ! Ern ::J i 2 (¡) II) .B 0 ~ CUcë Õ ~GI ~ 'õ" .!. § ~ J:oa..C ~88 >..~~ & '·'00 L;..-2t8 CD · = So- 0 2...J I... Q) ð:.... .Q ~ o CU J: c .9 '"" ,!!! ::J !! Pi ë ! ii '8, .~ õ J 411 ~ J 411 ::J II.. fI) Ot~ N 8... ~GI ::J8 ,0 F. .. f.1~~ -ið: rílOll8"ìtJ ~ re g ¡ I N 8 q 8... ~. ::J8 ,0 F. .. Niu (W)CIII aið~ ::: u ¡;¡ ~ ;;; 8 q ~¡ ~E ~o .0 N ' (W)¡':() ~:!~ , ~ It) 00"": ~ 8 q ~~ ~~ ' N () ('I)¡,,:. N...... 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Number: Part of3232-211-0001-000/7 OPTION AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made this day of , 2006, between RIVERVIEW DEVELOPERS, LC, a Florida limited liability company, and ROYAL PROFESSIONAL BUILDERS, INC., a Florida corporation, whose address is 2980 South 25th Street, Fort Pierce, Florida 34981, and the FLORIDA COMMUNITIES TRUST, a non- regulatory agency within the Department of Community Affairs, ("Acquiring Agency") whose address is 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, and ST. LUCIE COUNTY, a political subdivision within the State of Florida, ("Local Government"), whose address is in care of Ms. JoAnn Riley, 2300 Virginia Avenue, Fort Pierce, Florida 34982. Acquiring Agency and Local Government will be collectively referred to as ("Purchaser"). 1. GRANT OF OPTION. Seller hereby grants to Purchaser the exclusive option to purchase the real property located in St. Lucie County, Florida, described in Exhibit "A", together with all improvements, easements and appurtenances ("Property"), in accordance with the provisions of this Agreement. This Option Agreement becomes legally binding upon execution by the parties but exercise of the option is subject to approval by Purchaser and is effective only if Acquiring Agency and Local Government give written notice of exercise to Seller. 2. OPTION TERMS. The option payment is $100.00 ("Option Payment"). The Option Payment, in the form ofa state warrant, will be forwarded to Seller upon its receipt by Acquiring Agency from the Comptroller of the State of Florida. The option may be exercised during the period beginning with the Purchaser's approval of this Agreement and the Acquiring Agency's governing body granting project plan approval in accordance with Rule 9K-8.0 11, Florida Administrative Code, and ending on December 31, 2006 ("Option Expiration Date"), unless extended by other provisions ofthis Agreement. In the event Acquiring Agency's Purchase Price (as hereinafter defined in paragraph 3.A) or Local Government's Purchase Price (as hereinafter defined in paragraph 3.A) are not available by the Option Expiration Date the period of exercise of the option may be extended until such funds become available, not to exceed 60 days after the Option Expiration Date, by written notice to Seller. 3.A. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price") for the Property is FIVE HUNDRED FIFTY THOUSAND AND NO/tOO DOLLARS ($550,000.00), which, after reduction by the amount of the Option Payment, will be paid by Acquiring Agency and Local Government at closing to Seller or Seller's designated agent who meets the requirements of Section 253.025, Florida Statutes, in the manner set forth herein. The Total Purchase Price shall be paid to Seller as follows: Acquiring Agency shall pay the lesser of$215,160.00 or 39.12% ofthe final adjusted Total Purchase Price for the Property as determined in accordance with paragraph 3.B. (" Acquiring Agency's Purchase Price"), which after reduction by Acquiring Agency of the Option Payment, will be paid to Seller by state warrant at closing; and Local Government shall pay $334,840.00 or the balance of the final adjusted Total Purchase Price for the Property as determined in accordance with paragraph 3.B. ("Local Government's Purchase Price"). The Total Purchase Price is subject to adjustment in accordance with paragraph 3.B. The determination ofthe final Total Purchase Price can only be made after the completion and approval ofthe survey required in paragraph 5. This Total Purchase Price presumes that the Property contains at least 18.38 total acres, to be confirmed by the Survey as provided in Paragraph 5. This Agreement is contingent upon approval of the Total Purchase Price, Acquiring Agency's Purchase Price, and Local Government's Purchase Price by Purchaser and upon confirmation that the Acquiring Agency Purchase Price is not in excess of the final Acquiring Agency's maximum approved purchase price of the Property as determined in accordance with Rule 9K-8.007, Florida Administrative Code ("Maximum Approved Purchase Price"). Parcel H FCT No.: 05-069-FF5 I 1/29/2006 Page I This Agreement is contingent on the Seller's donation of 100% of the final adjusted Total Purchase Price which shall be shown as a credit to Local Government on the closing statement. This Agreement is also contingent upon Local Government's funds for closing being available at closing and upon Local Government giving written notice to Acquiring Agency, prior to the exercise of the option, that these funds are available to close in accordance with this Agreement. If such notification is not accomplished, Acquiring Agency may in its sole discretion declare this Agreement void and of no further force and effect as of that date. Local Government's funds are the sole responsibility of the Local Government. Seller shall have no recourse whatsoever, at law or equity, against Acquiring Agency or the Property as a result of any matter arising at any time whether before or after fee simple title is conveyed to Local Government, relating to Local Government's funds, Acquiring Agency shall have no obligation under this Agreement to provide any portion of Local Government's funds. Acquiring Agency's funds necessary to close are the sole responsibility of Acquiring Agency. Seller shall have no recourse whatsoever, at law or equity, against Local Government or the Property as a result of any matter arising at any time, whether before or after fee simple title is conveyed to Local Government, relating to Acquiring Agency's funds. Local Government shall have no obligation under this Agreement to provide any portion of Acquiring Agency's funds. Should Local Government's funds or Acquiring Agency's funds not be available for any reason, Purchaser or Seller may elect to terminate this Agreement by written notice to the parties without liability to any party. Acquiring Agency and Local Government agree that the Local Government shall take fee simple title to all of the Property at the closing notwithstanding that Acquiring Agency and Local Government are required to pay all of the Total Purchase Price in the manner set forth in this Agreement. Conveyance of the Property in fee simple from Seller to Local Government will take place at the closing, in exchange for the payments to be made by Acquiring Agency and Local Government to Seller at closing as set forth above in this paragraph 3.A. 3.B. ADJUSTMENT OF TOTAL PURCHASE PRICE. If, prior to closing, Acquiring Agency determines that the Acquiring Agency Purchase Price stated in paragraph 3.A. exceeds the final Acquiring Agency Maximum Approved Purchase Price ofthe Property, the Acquiring Agency Purchase Price will be reduced to the final Acquiring Agency Maximum Approved Purchase Price ofthe Property. Upon determination of the final Acquiring Agency Maximum Approved Purchase Price, the Acquiring Agency's Purchase Price and Local Government's Purchase Price will be determined and adjusted in accordance with paragraph 3.A. If the final adjusted Total Purchase Price is less than 95% of the Total Purchase Price stated in paragraph 3.A. because of a reduction in the Acquiring Agency Maximum Approved Purchase Price of the Property, Seller shall, in his sole discretion, have the right to terminate this Agreement and neither party shall have any further obligations under this Agreement. If Seller elects to terminate this Agreement, Seller shall provide written notice to Acquiring Agency and Local Government of his election to terminate this Agreement within 10 days after Seller's receipt of written notice from Acquiring Agency of the final adjusted Total Purchase Price. In the event Seller fails to give Acquiring Agency and Local Government a written notice of termination within the aforesaid time period from receipt of Acquiring Agency's written notice, then Seller shall be deemed to have waived any right to terminate this Agreement based upon a reduction in the Total Purchase Price stated in paragraph 3.A. 4.A. ENVIRONMENTAL SITE ASSESSMENT. Local Government shall, at its sole cost and expense and at least 30 days prior to the Option Expiration Date, furnish an environmental site assessment of the Property which meets the standard of practice of the American Society of Testing Materials (" ASTM"). Local Government shall use the services of competent, professional consultants with expertise in the environmental site assessing process to determine the existence and extent, ifany, of Hazardous Materials on the Property. The examination of hazardous materials contamination shall be performed to the standard of practice of the ASTM. For Phase I environmental site assessment, such standard of practice shall be the ASTM Practice E 1527. If the Findings and Conclusions section ofthe assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants on site. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated Pàrcel H FCr No.: 05-069-FF5 11/29/2006 Page 2 by any Environmental Law (as hereinafter defined in paragraph 4.B.). The environmental site assessment shaIl be certified to Purchaser and the date of certification shall be within 90 days before the date of closing. 4.B. HAZARDOUS MATERIALS. In the event that the environmental site assessment provided for in paragraph 4.A. confinns the presence of Hazardous Materials on the Property, Purchaser, at its sole option, may elect to tenninate this Agreement and neither party shall have any further obligations under this Agreement. Should Purchaser elect not to tenninate this Agreement, Seller shall, at his sole cost and expense and prior to the exercise of the option and closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into fuIl compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials ("Environmental Law"). However, should the estimated cost of clean up of Hazardous Materials exceed a sum which is equal to 5% ofthe TQtal Purchase Price as stated in paragraph 3.A., SeIler may elect to tenninate this Agreement and no party shaIl have any further obligations under this Agreement. 5. SURVEY. Local Government shall, at its sole cost and expense and not less than 35 days prior to the Option Expiration Date, furnish a current boundary survey of the Property prepared by a professional land surveyor licensed by the State of Florida which meets the standards and requirements of Acquiring Agency ("Survey"). It is Local Government's responsibility to ensure that the surveyor contacts the Acquiring Agency regarding these standards and requirements prior to the commencement of the Survey. The Survey shaIl be certified to Purchaser and the title insurer and the date of certification shaIl be within 90 days before the date of closing, unless this 90 day time period is waived by Purchaser and by the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims of easements not shown by the public records from the owner's title policy. If the Survey shows any encroachment on the Property or that improvements intended to be located on the Property encroach on the land of others, the same shall be treated as a title defect. 6. TITLE INSURANCE. Local Government shall, at its sole cost and expense and at least 35 days prior to the Option Expiration Date, furnish a marketable title insurance commitment, to be foIlowed by an owner's marketable title insurance policy (AL T A Form "B") from a title insurance company, approved by the Acquiring Agency, insuring marketable title of Local Government to the Property in the amount of the Total Purchase Price. Local Government shall require that the title insurer delete the standard exceptions of such policy referring to: (a) all taxes, (b) unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. 7. DEFECTS IN TITLE. If the title insurance commitment or survey furnished to Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, SeIler shaIl, within 90 days after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the defects in title within the time provided therefor, not including the bringing of necessary suits. If SeIler is unsuccessful in removing the title defects within said time or if SeIler fails to make a diligent effort to correct the title defects, Purchaser shaIl have the option to either: (a) accept the title as it then is with a reduction in the Total Purchase Price by an amount detennined by Acquiring Agency, (b) accept the title as it then is with no reduction in the Total Purchase Price, (c) extend the amount of time that SeIler has to cure the defects in title, or (d) tenninate this Agreement, thereupon releasing Purchaser and SeIler from all further obligations under this Agreement. 8. INTEREST CONVEYED. At closing, SeIler shall execute and deliver to Local Government a statutory warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. The grantee in Seller's Warranty Deed shall be ST. LUCIE COUNTY, a political subdivision within the State of Florida. 9. PREP ARA TION OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, and Parcel H FCT No.: 05-069-FF5 11/29/2006 Page 3 380.08(2), Florida Statutes. Seller shall prepare the deed described in paragraph 8. of this Agreement, Seller's closing statement and the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7842, Florida Statutes, and an environmental affidavit on Acquiring Agency forms provided by Acquiring Agency. Acquiring Agency shall prepare Purchaser's closing statement. All prepared documents shall be submitted to Local Government and Acquiring Agency for review and approval at least 30 days prior to the Option Expiration Date. 10. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to be provided by Seller under this Agreement within 30 days after receipt by Purchaser of all of the required items. Seller will have 30 days thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend the Option Expiration Date. 11. EXPENSES. Local Government will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed described in paragraph 8. of this Agreement and any other recordable instruments which Purchaser deems necessary to assure good and marketable title to the Property. 12. TAXES AND ASSESSMENTS. All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. In the event the Local Government acquires fee title to the Property between January 1 and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the event the Local Government acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. 13. CLOSING PLACE AND DATE. The closing shall be on or before 15 days after Purchaser exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any other documents required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later. The date, time and place of closing shall be set by Purchaser. 14. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk ofloss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Local Government in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction of Local Government prior to the exercise ofthe option by Purchaser. 15. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that trom the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with the this Agreement. Seller shall deliver possession of the Property to the Local Government at closing. 16. ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property. 17. DEF AUL T. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. In connection with any dispute Parcel H FCT No.: 05-069-FF5 11/29/2006 Page 4 arising out of this Agreement, including without limitation litigation and appeals, Purchaser will be entitled to recover reason- able attorney's fees and costs. 18. BROKERS. Seller warrants that no persons, finns, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement required in paragraph 9. Seller shall indemnify and hold Purchaser hannless from any and all such claims, whether disclosed or undisclosed. 19. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the appropriate county or counties. In the event Purchaser defaults under this Agreement and this transaction does not close, Purchaser will execute and deliver a quit claim deed to Seller which releases all Purchaser's interest in the Property. 20. ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event Purchaser will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser. 21. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 22. SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 23. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 25. WAIVER. Failure of Purchaser to insist upon strict perfonnance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 27. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 28. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. 29. SURVIVAL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 8. of this Agreement and Local Government's possession of the Property. Parcel H FCT No,: 05-069-FF5 11/29/2006 Page 5 THIS AGREEMENT IS INITIALLY TRANSMITTED TO THE SELLER AS AN OFFER. IF THIS AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE DECEMBER 1,2006, THIS OFFER WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT THIS OFFER. THE EXERCISE OF THIS OPTION IS SUBJECT TO: (1) APPROVAL OF THIS AGREEMENT, TOTAL PURCHASE PRICE, ACQUIRING AGENCY'S PURCHASE PRICE, AND LOCAL GOVERNMENT'S PURCHASE PRICE BY PURCHASER, (2) ACQUIRING AGENCY'S GOVERNING BODY GRANTING PROJECT PLAN APPROVAL IN ACCORDANCE WITH RULE 9K-8.011, FLORIDA ADMINISTRATIVE CODE, (3) CONFIRMATION THAT THE TOTAL PURCHASE PRICE IS NOT IN EXCESS OF THE FINAL MAXIMUM APPROVED PURCHASE PRICE OF THE PROPERTY, AND (4) LOCAL GOVERNMENT AND ACQUIRING AGENCY APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY SELLER. THE ACQUIRING AGENCY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. SELLER RIVERVIEW DEVELOPERS, LC, a Florida limited liability com pany, and ROYAL PROFESSIONAL BUILDERS, INC., a Florida corporation By: Witness as to Riverview Developers Print Name: Witness as to Riverview Developers As: of Riverview Developers, LC FEID Number: By: Witness as to Royal Professional Print Name: Witness as to Royal Professional As: of Royal Professional Builders, Inc. FEID Number: Date signed by Seller Parcel H FCT No.: 05-069-FF5 11/29/2006 Page 6 Witness as to Local Government Witness as to Local Government Approved as to Form and Legality for Local Government By: Date: Witness as to Acquiring Agency Witness as to Acquiring Agency Approved as to Form and Legality By: Trust Counsel Date: Parcel H FCT No.: 05-069-FF5 11/29/2006 Page 7 PURCHASER LOCAL GOVERNMENT ST. LUCIE COUNTY, a political subdivision of the State of Florida By: Name Print/Type Its: Date signed by Local Government PURCHASER ACQUIRING AGENCY FLORIDA COMMUNITIES TRUST By: Janice Browning, Chief of Staff Department of Community Affairs Date signed by Acquiring Agency STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2006, by , as , of RIVER VIEW DEVELOPERS, LC, a Florida limited liability company, on behalf of the company, who is personally known to me or who has produced a driver license issued within the last five years as identification. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2006, by , as , of ROYAL PROFESSIONAL BUILDERS, INC., a Florida corporation, on behalf of the corporation, who is personally known to me or who has produced a driver license issued within the last five years as identification. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: Parcel H FCT No.: 05-069-FF5 11/29/2006 Page 8 STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2006, by as of St. Lucie County, a political subdivision within the State of Florida, on behalf of the Local Government, and is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 2006, by Janice Browning, Chief of Staff, Florida Communities Trust, on behalf of the Acquiring Agency. She is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: Parcel H FCT No.: 05-069-FF5 11/29/2006 Page 9 EXHIBIT" A" Leeal Description Final legal description to be determined by survey pursuant to Paragraph 5. Parcel H FCT No.: 05-069-FF5 11/29/2006 Page 10 ADDENDUM BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT (OTHER) STATE OF COUNTY OF ) ) ) Before me, the undersigned authority, personally appeared , this day of , 2006, who, first being duly sworn, deposes and says: 1) That RIVERVIEW DEVELOPERS, LC, a Florida limited liability company, and ROYAL PROFESSIONAL BUILDERS, INC., a Florida corporation, whose address is 2980 South 25th Street, Fort Pierce, Florida 34981, is the record owner of the Property. The following is a list of every "person" (as defined in Section 1.01(3), Florida Statutes) holding 5% or more of the beneficial interest in the Property: (if more space is needed, attach separate sheet) Name Address Interest 2) That to the best of the affiant's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive real estate commissions, attorney's or consultant's fees or any other fees or other benefits incident to the sale ofthe Property are: Name Address Reason for Payment Amount Parcel H FCT No,: 05-069-FF5 11/29/2006 Page 11 3) That, to the best ofthe affiant's knowledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of affiant) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to St. Lucie County, a political subdivision of the State of Florida: Name and Address of Parties Involved Date Type of Transaction Amount of Transaction This affidavit is given in compliance with the provisions of Sections 286.23 and 380.08(2), Florida Statutes. AND FURTHER AFFIANT SA YETH NOT. AFFIANT SWORN TO and subscribed before me this day of , 2006, by , who is personally known to me or who has produced a driver license as identification and who did take an oath. Notary Public (Printed, Typed or Stamped Name of Notary) Commission No.: My Commission Expires: FLORIDA COMMUNITIES TRUST APPROVED AS TO FORM AND LEGALITY By: Trust Counsel Date: Parcel H FCT No.: 05-069-FF5 11/29/2006 Page 12 ADDENDUM (CORPORA TE/FLORIDA) A. At the same time that Seller submits the closing documents required by paragraph 9. of this Agreement, Seller shall also submit the following to Purchaser: 1. Corporate resolution which authorizes the sale of the Property to Purchaser in accordance with the provisions of this Agreement and a certificate of incumbency, 2. Certificate of good standing from the Secretary of State of the State of Florida, and 3. Copy of proposed opinion of counsel as required by paragraph B. below. B. As a material inducement to Purchaser entering into this Agreement and to consummate the transaction contemplated herein, Seller covenants, represents and warrants to Purchaser as follows: 1. The execution of this Agreement and the performance by it of the various terms and conditions hereof, including, without limitation, the execution of all agreements, notices and other documents hereunder, have been duly authorized by the requisite corporate authority of Seller. 2. Seller is a corporation duly organized, validly existing and in good standing under the laws ofthe State of Florida and is duly qualified to own real property in the State of Florida. 3. This Agreement, when executed and delivered, will be valid and legally binding upon Seller and enforceable in accordance with its terms and neither the execution of this Agreement and the other instruments to be executed hereunder by Seller, nor the performance by it of the various terms and conditions hereto will violate the Articles of Incorporation or By-Laws of Seller. At the closing, Seller shall deliver to Purchaser an opinion of counsel to the effect that the covenants, representations and warranties contained above in this paragraph B. are true and correct as of the closing date. In rendering the foregoing opinion, such counsel may rely as to factual matters upon certificates of other documents furnished by partners, officers, officials and other counsel of Seller, and upon such other documents and data as such partners, officers, officials and counsel may deem appropriate. SELLER ROY AL PROFESSIONAL BUILDERS, INC., a Florida corporation By: Witness as to Seller Print Name: Witness as to Seller Its: (CORPORATE SEAL) F.E.I.D. No. Date signed by Seller Parcel H FCT No.: 05-069-FF5 11/29/2006 Page 13 Witness as to Local Government Witness as to Local Government Approved as to Form and Legality By: Date: Witness as to Acquîring Agency Witness as to Acquiring Agency Approved as to Form and Legality By: Date: Parcel H FCr No.: 05-069-FF5 11/29/2006 Page 14 PURCHASER ST. LUCIE COUNTY, a political subdivision of the State of Florida By: Print Name: Its: Date signed by Local Government ACQUIRING AGENCY FLORIDA COMMUNITIES TRUST By: Janice Browning, Chief of Staff Department of Community Affairs Date signed by Acquiring Agency ADDENDUM (Limited Liability Company) A. At the same time that Seller submits the closing documents required by paragraph 9. of this Agreement, Seller shall also submit the following to Purchaser: 1. Company resolution which authorizes the sale of the Property to Purchaser in accordance with the provisions of this Agreement and a certificate of incumbency, 2. Certificate of good standing from the Secretary of State of the State of Florida, and 3. Copy of proposed opinion of counsel as required by paragraph B. below. B. As a material inducement to Purchaser entering into this Agreement and to consummate the transaction contemplated herein, Seller covenants, represents and warrants to Purchaser as follows: 1. The execution of this Agreement and the performance by it of the various terms and conditions hereof, including, without limitation, the execution of all agreements, notices and other documents hereunder, have been duly authorized by the requisite company authority of Seller. 2. Seller is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Florida and is duly qualified to own real property in the State of Florida. 3. This Agreement, when executed and delivered, will be valid and legally binding upon Seller and enforceable in accordance with its terms and neither the execution of this Agreement and the other instruments to be executed hereunder by Seller, nor the performance by it ofthe various terms and conditions hereto will violate the Articles of the Limited Liability Company or By-Laws of Seller. At the closing, Seller shall deliver to Purchaser an opinion of counsel to the effect that the covenants, representations and warranties contained above in this paragraph B. are true and correct as ofthe closing date. In rendering the foregoing opinion, such counsel may rely as to factual matters upon certificates of other documents furnished by partners, officers, officials and other counsel of Seller, and upon such other documents and data as such partners, officers, officials and counsel may deem appropriate. SELLER LOCAL GOVERNMENT RIVERVIEW DEVELOPERS, LC, a Florida limited liability company ST. LUCIE COUNTY, a political subdivision within the State of Florida By: By: Print Name: Name: Its: Its: Date signed by Seller Date signed by Purchaser Parcel H FCT No.: 05-069-FF5 11/29/2006 Page 15 Parcel H FCT No.: 05-069-FF5 11/29/2006 Page 16 ACQUIRING AGENCY FLORIDA COMMUNITIES TRUST By: Janice Browning, Chief of Staff Florida Department of Community Affairs Date signed by Acquiring Agency \.... ' ~'I AGENDA REQUEST ITEM NO. é.;} E DATE: December 5, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 06-376 - Authorizing the Creation of the Space Needs Advisory Ad Hoc Committee and Providing for Duties and Functions of the Committee. BACKGROUND: Chairman Chris Craft requested this office prepare a Resolution creating the Space Needs Committee for the Board's review. The attached Draft Resolution No. 06-376 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 06-376 as drafted. [)( APPROVED [] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: County Attorney: (k Review and Approvals Management & Budget Purchasing Originating Dept, Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 · RESOLUTION NO. 06-376 A RESOLUTION AUTHORIZING THE CREATION OF THE SPACE NEEDS ADVISORY AD HOC COMMITTEE AND PROVIDING FOR DUTIES AND FUNCTIONS OF THE COMMITTEE WHEREAS, the Board of County Corrnnissioners of St. Lucie County, Florida, has made the following determinations: 1. The overall County population growth is the main factor driving future growth; and staffing growth is the primary factor driving future space needs. 2. This Board recognizes the importance of creating a Space Needs Advisory Ad Hoc Corrnnittee for the purpose of analyzing current staffing and space needs; projecting future staffing and space need demands; and discussing alternative ways of meeting projected needs for the expansion of Court Facilities for St. Lucie County. 3. This Board should create a Space Needs Advisory Ad Hoc Corrnnittee for the purpose of advising the Board of County Corrnnissioners on matters relating to staffing and space needs for the expansion of Court Facilities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Corrnnissioners of St. Lucie County( Florida: 1. This Board does hereby create the Space Needs Advisory Ad Hoc Corrnnittee. Such corrnnittee shall have the following duties and functions: a. To advise and make recommendations to the Board of County Commissioners on matters relating to staffing and space needs for the expansion of Court Facilities to include but not be limited to State Attorney, Public Defender and Clerk of the Court. b. To provide any other duties or functions as requested by the Board of County Commissioners on space need issues. 2 . The action, decisions and recommendations of the committee shall not be final or binding on the Board of County Commissioners but shall be advisory only. 3. The Space Needs Advisory Ad Hoc Committee shall consist of eleven (11) members who shall be appointed as follows: a. Any Board member may nominate one Commissioner to sit on the Space Needs Advisory Ad Hoc Committee, however the Commissioner who receives the highest number of votes shall prevail as the first member and Chairman of the Committee. b. The following individuals shall make up the remaining membership of the Space Needs Advisory Ad Hoc Committee. 1. City of Fort pierce - Mayor Bob Benton 2. City of Port St. Lucie - Michelle Berger 3. Chief Judge - Honorable William L. Roby 4. Circuit Court Clerk - Ed Fry 5. Public Defender - Diamond Litty 6. State Attorney - Bruce Colton 7. Sheriff - Ken Mascara 8. Court Administrator - Thomas Genung 9. Criminal Justice Coordinator - Mark Godwin 10. Central Services Director - Roger Shinn 4. Vacancies for all members shall be filled upon: a. Death of a member b. Resignation c. Removal by majority vote of the remaining members of the Committee d. Three (3) unexcused absences in a six (6) month period 5. Vacancies shall be filled by one of the managers working for the individual creating the vacancy. 6. The Committee Chairman shall establish a time and place for holding meetings as shall be necessary, and the Committee shall adopt such rules of organization and procedure as may be required. Seven (7) committee members shall constitute a quorum for the transaction of official business at Committee meetings. 7. The Committee may establish sub-committees for specific subjects or tasks from among its members. The Committee shall hold its first meeting as soon as possible from the date this resolution is adopted. 8. The Clerk of the Court shall provide administrative support for the Committee and shall keep a record of its proceedings. 9. If any action, sentence, or clause of this resolution is held to be invalid or unconstitutional by any court of competent jurisdiction( then said holding shall in no way effect the validity of the remaining portions of this resolution. After motion and second the vote on this resolution was as follows: Chairman Chris Craft XX Vice-Chairman Joseph E. Smith XX Commissioner Doug Coward XX Commissioner Paula A. Lewis XX Commissioner Charles Grande XX PASSED AND DULY ADOPTED this 5th day of December, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ITEM NO. C -:'-3 A DATE: December 5, 2006 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: US 1 and Indrio Road Intersection Improvements - First Amendment to Work Authorization NO.2 with LBFH, Inc., for Construction Engineering and Inspection Services for a time extension only. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds are encumbered on Purchase Order P2611227, in account 101006-41167-563012- 440017 iransportation Trust Impact. PREVIOUS ACTION: 6/28/05 - Board awarded construction to Community Asphalt Corp. in the amount of $790,496.25. 12/13/05 - Board approved Work Authorization NO.2 to the consultant agreement with LBFH, Inc. for CEI Services in the amount of $82,175.00 for US 1 and Indrio Road Intersection Improvements. RECOMMENDATION: Staff recommends Board approve the First Amendment to Work Authorization NO.2 with LBFH, Inc., for US 1 and Indrio Road Intersection Improvements, for a time extension in which all work shall be completed on or before June 1, 2007. There will be no change to the contract amoun thorize the Chairman to sign. bd APPROVED r 1 OTHER Approved 5-0 COMMISSION ACTION: Dou as derson 1 ~c:un~,~~r~nistrator [x] Mgt. & Budget ~ [X]Exec, Asst. --fa,.eLt\ [x] Proj, Mgr, M. W [ ]Other · DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: ,MVP Mike Powley, County Engineer DATE: December 5", 2006 SUBJECT: US 1 and Indrio Road Intersection Improvements First Amendment to Work Authorization NO.2 BACKGROUND Attached is the First Amendment to Work Authorization No.2 with LBFH, Inc., for Construction Engineering and Inspection Services. This amendment is for a time extension in which all work shall be completed on or before June 1, 2007. There will be no change to the contract dollar amount. 1 C03-05-485 f'NA #2 Amend #1) Proj/Prog:#440017 FIRST AMENDMENT TO WORK AUTHORIZATION NO.2 CONSTRUCTION ENGINEERING AND INSPECTION SERVICES RELATED TO U.S. #1 AND INDRIO RD. INTERSECTION IMPROVEMENTS Work Authorization NO.2 between St. Lucie County ("the "County") and LBF&H, Inc. (the "Engineer") for Services related to Construction Engineering Services dated May 20, 2003, the Engineer agrees to provide services in the amount of $82,175.00. All work shall be completed before June 1, 2007. All other terms and conditions of Work Authorization No.2) C03-05-485) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Work Authorization No.2 (C-03-05-485) to be executed and delivered on the dates below. WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: BY: JAMSS C. l-VNc"'Üo Title: V 1(.'::_ Pa..£.s. r:>tC1'l r Date: "... JÍ> -zoø6 ITEM NO. C-3S DATE: December 5, 2006 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Accept the project, release the retainage in the amount of $21,747.00, and provide Final Payment to Contract #C06-02-141 in the amount of $21 ,359.50 (Deducting for failed laboratory test and overtime in the amount of $387.50) to Ferreira Construction Co., Inc. for the construction of the Hidden River Estates Emergency Repair project. BACKGROUND: See attached Memo 06-325. FUNDS AVAILABLE: Funding is available in 316105-0000-205100-425017 (USDA Hidden River Estates - Local Option Drainage Improvements) PREVIOUS ACTION: On August 2, 2005, the Board approved the emergency repair of the drainage outfall structures, waived the formal bidding procedure and authorized staff to contact vendors in order to obtain written quotes for the appropriate repairs. On February 21 ,2006, the Board authorized the submittal of an Emergency Watershed Protection Program funding application to the USDA Natural Resources Conservation Service for funding. On February 28, 2006, the Board approved award of the written quote for Project No. 0528, Hidden River Estates Emergency Repair, to Ferreira Construction Co., Inc. in the amount of $214,920.00. On September 19, 2006, the Board approved and authorized the Chair to sign Change Order NO.1 in the amount of $2,550.00 for a total contract price of $217,470.00 to Ferreira Construction Co., Inc. for modifications and improvements to the project. RECOMMENDATION: Staff recommends the Board accept the project, release the retainage in the amount of $21,747.00, and provide Final Payment to Contract #C06-02-141 in the amount of $21,359.50 (Deducting for failed laboratory test and overtime in the amount of $387.50) to Ferreira Construction Co., Inc. for the construction of the Hidden River Estates Emergency Repair project. hi APPROVED r1' OTHER Approved 5-0 r ] DENIED COMMISSION ACTION: [x] County Attorney [x] Project. Manager [x] Road & Bridge [x] Mgt. & Budget \ [x] Fiscal Coordinator ~~ Ì'vIMG,"1 iWï [x] [x] Dou as nderson County Administrator O".;""ti".__P"bJJ'W_I~ rtll ell88ing Dept r IIJ (Check for copy only, if applica e) f DIVISION OF ENGINEERING MEMORANOUM 06-325 TO: Michael Powley, P.E. - County Engineer Date:, Barbara Meinhardt - Executive Assistant John Fran~.I.c.P.. P.E. - Senior Project Engineer November 28, 2006 Via: FROM: Subject: Hidden River Estates Emergency Repair Project SLC Project No. 05-28 Final Payment Application """"-... -- -- ':~~::::,:~--~.~~-;:: u..;:;;JJ!D This project consisted of the replacement of three (3) drainage outfall structures within the Hidden River Estates area that have failed or showed signs on imminent failure. The project has been completed in general accordance with the plans and specifications. Engineering is requesting the release of the retainage in the amount of 21,747.00, and to make Final Payment to Contract #C06-02-141 in the amount of $21,359.50 (Deducting for failed laboratory test and overtime in the amount of $387.50) to Ferreira Construction Co., Inc. for the Hidden River Estates Emergency Repair project. The project has been completed in general accordance to the plans and specifications. Funding is available in 316105-41134-563000-425017 (USDA Hidden River Estates - Local Option Drainage Improvements) cc: Don West, P.E. - Public Works Director Craig Hauschild, P.E. - Asst. County Engineer ----. DIVISION OF ENGINEERING MEMDRANDUM 06-286 TO: Dan McIntyre, County Attorney FROM: Mike Powley. County Engineer \"\ 1 ~ DATE: October 13, 2006 SUBJECT: Hidden River Estates - Releases of Lien <ae:;:; _, -- ,. ~~..,;-=~~-"- ~~~ ,-~.:,,=~' -:: ,...;;;JfD Please process the attached Releases of Lien for correctness. If we can be of any assistance, please call John Frank, Senior Project Engineer, at extension 2097. Bam Attachments: (6) cc: Don West, Public Works Director Craig Hauschild, Assistant County Engineer John Frank, Senior Project Engineer 'bmJ, cÞ.J ðl~.~ ¡¡J( ~ Cõd OJ" NT~. IN' ÒSW'i1 Cb· II!iti!V0 0( ~ APPLICA nON FOR RET AINAGE AND FINAL PAYMENT Project Name: Hidden River Estates Emergency Repair Proiect Engineer's Project No,:P2612436 Contractor: Ferreira Construction Company Owner: Board of County Commissioners. SI. Lucie County. Florida Contract Date: 5-19-06 Application Amount: $21. 747.00 For Period Ending: 9-20-06 Application Date: 9-20-06 Initial Contract Amount Based on Estimated Quantities: $214. 920.00 Tabulation of Amount Due This Application ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of Completed Work") As Applied for By Contractor As Approved By Engineer $ 214.920.00 $ ~ '1./, q 1D.OQ CHANGE ORDER NO._1_@_I00 _ % Complete (+) CHANGE ORDER NO._@ % Complete (+) CHANGE ORDER NO._@ % Complete (+) CHANGE ORDER NO._@ % Complete (+) 2. 550.00 J, SSO. ôb $ $ $ $ $ $ $ $ $ ~n,l{10.oo $ lq SI1.L~ .00 $ ~' 71#7.00 (-) $ Previous Payments: #1 $ 102, 189.60_ #2 $_93, 533.40_(Not Paid) #3 $ #4$ Total $ 195,723.00_ Total Work to Date Less Previous Payment Subtotal Less Failed Laboratory Tests (+) i 217.470.00 (-) i 195.723.00 i 21. 747.00 Amount Due Final Payment, Except for any $21, 747.00 Liquidated Damages Assessed by the Board $ 1 ÂI.1'i7.CP CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have been discharged in full; that no S~!ts are, pending, in connection with the work. under the, Contract; that the Contractor agrees to the total final price of $ 7J 1, ~o, (X) and final payment of $ '2J I 7'-1 7 ðC as full settlement of his account under the Contract and of all claims in connection therewith. ;~N~ c-'L. TIlLE, L>.IV[ COUNTY OF HA1ù, ~ STATE OF Ç-LOa..t D(-\ Before me this ~ day of DLrbßí.::)L . 20~ personally appeared A rJ oex:::lA\ S . H OflJ) G-. known to me, who being duly sworn, did depose and say that he is the ((:1\1~1'Yl.t{ (n ò.) L-l b-''è , (office) of the Contractor above mentioned; that he prepared attached application for payment and executed above affidavit on behalf of said Contractor; and th"t "II nf .J. rein are true, correct and co,rnplete. .....\..~~". MICHElLEM. HENDERSON--- ,) 'Ii - <-¡ ,'llr ,j ~ My commission expires: !.:f.~~ MY COMMISSION 1/ DD 240696 /1·cclw /(£1 / (/7 V"tt:tv.t(j{S~~ ~!'i.J!§,.~¡ EXPIRES: August 12. 2007 Notary Public 'O,~~... ....~< Bonded Thru Notary Public Underwriters ',P,f..,·' TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been reviewed by the Engineer. 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'" <:> is 0 u. 8 is is is 8 is is is 0 0 8 '" v- i-> .... 8 is is <:> is <:> 8 is is 8 8 8 0 0 0 0 0 0 -9 -9 0 0 0 0 0 0 0 0 0 0 0 0 co """ t"" t"" """ 2 ~ rJ'l ~ ~ ~ ::c (") -< .... c: @ '" a z ~ ~ ~ en ::c ;ì 6 r- 1::1 c: tT1 (") Z "T1 Fa ~ m (") < ::c 0 tT1 ::c ~ ~ m -i 1::1 ;ë -< ~ » Z () > 0 ." Q Z ~ tT1 rn ~ ~ - ::c (") ." C -i > .. ¡a () 0 - 'f' !:o Õ tv ~ oc Z ." rn ë! 0 < C tT1 - ~ J: tT1 m z -i ::c z 0 <: ü5 õ z () 9 I:D Z 8 ¡::: I:D () ." !"" tT1 Z ~ ~ .... Õ Q Z @ t:1 t:1 > Q Z ø -¡ z q !'T1 q '" '" .þ. .þ. Ñ Ñ 0 ~ 0 0 .þ. ~ ~ b ..... 1:: ..; ~ > R1 CONTRACTOR'S AFFIDAVIT AND RELEASE OF LIEN STATE OF ~LOQ.l DÀ. COUNTY OF HA{¿11 N BEFORE ME, the undersigned authority, personally appeared A\'JIXè(::-"~0 cT - ~\OR.n& , who says of their personal knowledge that: 1. They are L-etJSTl¿ÜCT1CfJ I--Ib{¿. of (=¡:::~\'Z.12Flfl(.) C r:·f....:'osr. CO, which does business in the State of Florida, (hereinafter called the "Contractor"). 2. Contractor, pursuant to the Contract ~ated.__ Ççß'ZH_A1?,<-Î 2{'21 2a1:3 _ (hereinafter referred to as the "Contract") with 51 . LU( it:.- C("U.f-J/~/8C(C (herein after referred to as the "Owner"), for certain construction related to a project known as 1-1-1 bi'f3\.) R.l vt2tè ESTJ:X:iEÇ EUr={.,. RWAiQ p~t1)E(,r has heretofore furnished, or caused to be furnished, labor materials and service for the construction of certain water and sewer utility improvements, as more particularly set forth in the Contract. 3. Contractor represents that all work to be preformed under the aforesaid Contract has been fully completed and that all lienors under the direct Contract have been paid in full, or, if not, have executed Partial Waiver of Liens, which Partial waivers are attached hereto. 4. In consideration of final payment to the Contractor, and all other previous payments paid by the Owner to the Contractor, the undersigned does hereby, for and in behalf of the Contractor, waive, release and relinquish the Contractor's right to any claim or demand or right to impose a lien or liens for work done or materials for services furnished or any other class of lien whatsoever, on any of the property owned or to be transferred for ownership to the City of Port St. Lucie, including easement and right-of-way ownership interests, on which improvements have been completed in connection with the aforementioned Contract. 5. The Affiant represents that he has aut Release of lien for and on behalf of the C tr, STATE OF t=LD(¿\. D~ COUNTY OF tvî(4R.,n rJ The foregoing instrument was acknowledged before me this 3rs~ day of CCrbÇè':(L , 200 k-, by .At-..! 0íè. E'10 -S. ¡\.-l 0 Il..c c.;;,- , as c.O \.l<;fYU..,LLOlSl...J CvlA--I.JA-(~ of FFQ..R.Sìæ.-A cOI\J&í, C{). Said person (check one) IS personally known to me, or 0 produced as identification. Seal r1i?\~;:~it:-. ~ICHElLE M. HENDERSON b.:, .~~ MI COMMISSION # DD 240696 .I'~"''''' '.j EXPIRES: AuglJsl12, 2007 ~:'f,,9f. \\\ ... Oonded Thru Notary Public UndatWriters ignature ~1 'l ("::z. l- .:' rinted Name Notary Public, State of tc"w,'5;--- \ ç:: L-C n.l Oi~ Page 1 of 1 10/03/2006 08:33 FAX 141 002 WAIVER AND RE.LEASE OF LIEN UPON FINAIJ PAYMENT finunccmd The undersigned lienor, in consideration of the final payment in the amount of: TEN DOLLARS & 00/100 $10.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials fumished to: FERREIRA CONSTRUCTION CO on the job of: SIEGEL, ALAN H. to the following described property: 604776 HIDDEN RIVER ESTATES - DRAn~AGE REPAIR 786 HIDDEN RVR DR PORT ST LUCIE HIDDEN RIVER ESTATES Lot 29 Iilock 3 ST.LUCIE Dated this October 3, 2006 Lienor: -- By: Printed Name: Title: - State of Florida Cow1tyof Miami-Dade The foregoing instl1lment was acknowledged before me 011 October 3, 2006 by Susan L Jannark as Corporate Credit Manager of TRI-COUNTY CONCRETE PRODUCTS, a Florida Corporation, on behalf of the corporation. He I She is personally kncwn to me and did take an oath. NOtaIyPubli«::,;ð ~ Printed Name: 3ary R ond Bond State of Florida at Large (Seal) FERREIRA CONSTRUCTION CO 4125 SWMARTINI-llGHWAY SUITE #12 PALM CITY, FL 34990 NOTAIlY PtmUC·STATE OF FLORIDA ~Gary Raymond Bond Conunlsslon #- DD389864 ExpIres: MAR. 08, 2009 BondedThnlAnø.nrlc: Bonding CO., Inc. Oct. 4. 2006& 4:35PM.SEtFerguson WW #125[' No. 9462 ,P. 1 I £1 J,Cl.5~ 0 34815 The undersigned lienor, in consideration of the final payment in the amount 0[$10.00 hereby waives E releases its lien and right to claim a lien for labor, services or materials furnished to FERREIRA CONSTRUCTION CO !NC on the job of ST LUCIE COUNTY (owner), to the following described pro} WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT ItHIDDEN RIVER ESTATES EMERGENCY REPAIR", BOND NUMBER SUI 019620, AND FURTH DESCRffiED IN BOND RECORDED IN OR BOOK 2531 PAGE 611 PUBLIC RECORDS ST LUCIE COUNTY, FLORIDA. DATED on OCTOBER 4) 2006 L TANT CREDIT MANAGER ¡""~-~"""",,-<lò~ om to and subscribed before me this OCTOBER 4, 200~;:?1A1h¡>iI~LI", Dono'" !!.II ~''''b..¡''>,,",,,',? .' 1Jt,~' ... "'voe$t~ner .' ;/ i~ ~W~ , N;~ìfon # DD54704j" ,., ;J1J{jj, txplr'OS M;:¡v 22 201 0 ' 'T4T~ CHlORoOA 8c> ~ ' . ~::::-... .~'"..:!::_~~lfI7~~!:~..,~!:!.~_;~ t.~MsG-7"1) ---_...._.-...~.."":.~..;~~ 81 otaxy Public Conunissioned State of Florida Print, Type or Stamp Name of Notary Public Personally Known ~ OR, Produced Identification Type ofIdentificanon Produced N/A N/A NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes 1996. Effective O( 1, 1996, a person may not require a lienor to furnish a waive!" or release of lien that is different from the statutory form. httDS://www,nacn,tRmnA ('.nm/u,&>h\~"'7/nr11';'7 "..... .. ^/4I'^^^, OCT-04-200S 02:21PM FROM-MABEY BRIDGE & SHORE 410-379-2801 T-309 P,001/001 F-050 FINAL RELEÀSE OF LIEN , The undersigned lienor, in consideration of the final payment in the amount of $ ~ hereby waiv.. and releas.. its lien and rlJ!bt to claim a lien of labor, seme.. or materials iimJishcd to (CUslDIuer) of" 611'( ~¡('a ~<2vI1.lA on !he job (owner propc:ny) , to !he followiug described property: ~\~ø.JA --c=2...~ ~ ~, n L Jr¿ Dated on ----bll 5: -2 _.2006 State of Maryland CountyofAnneÂXundcl Lienor's Name: Mabey Bridge & Shore, lue. 6700 Dorsey Road EIkridge. Maryland 21075 BY:&~ )IJ~~ Tile: GM.~V P rsonallyap e ed before tne, this 7r ¿ day of Qc.k ~ . 2006, .. (name), who being duly SWom on oath says that he/she is (title) of Mabey Bridge & Shore, Inc. (Lienor) hereby ac owl edges the execution of the foregoing Instrument for and on special instance and request. 4-¿~' . . ~ // /J {/'OTAIIY ~ ~ !., -...c, , Printed Name: David J Huber ;~ ~'\ò . NOTARY PUBLIC-8TA.TE OF MAR'l:'LAND ' My COmmission Expire: November 1, 2009 Note; This is a statutozy form prescr:ibed by Section 713,20,.E11ëcti"" October 1, 1996, a person may not require a lienor to fumisb a waiver at release of lien that is different floor the statutory form DIVISION OF ENGINEERING MEMORANDUM 06-285 TO: Barb Meinhardt FROM: John Frank, AICP, PE DA TE: October 13, 2006 SUBJECT: Overtime Hidden River Estates Project ~..:::..".-~.. - -::-- _..- .....:.=.. "~-='~~-=i"'ai=:5=~:::''''- .;;;::::I!!<> Hidden River Estates incurred overtime expenses at the Contractors request for work on Saturdays. Joanne worked 7.5 hours on June 24, 2006 and 8 hours on July 1. Total is 15.5 hours X $25.00/hour = $387.50 ... ï;j Q. ~ 0:: >. o I: ~ e.o ~ E LIJ II> I: ~ 0 ... .- ~õ üJ.s ... 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II> 11 ! ~ ill ~] ~ j ~ ill f-o g ~JiJt~] ~ij~~~J~~~I~I~~~~!~i)11 ~~J~~~~ £~AI!!~~~b~~~u] ð]~~ðl~ t: z ::> l. ! ~ c _ q i ~ ~ ~ c ~ ~ ~ â ¡Ii å ã ~ ~ ~ I . . . i '1 2 i a å t: c ~ c ¡¡¡ é I ~ ~ = ~ ~ $ ; ~ ! ~ \ _2_ª!=!'!!!'!1'1'~ . ; ''; ~ 8 88888 ~ ~g~~~ ri ~ ~~g 1 8 888ii 5f ~~E~a a "'-"'1;1'" g ; ~¡;;S¡ 88 oS( ¡!", :!ri ; . ! îÎÎÎÎÎH )¡¡JI~ll JffJ=il~ ,1'1!·!) 0) J ~ 8ii8i ~~¡g¡ -n..._ _ :: ¡¡¡Is ª .. .. .. I AGENDA REQUEST ITEM NO. C~ DATE: December 5,2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Award of RFP #07-004 - Continuing Services Contract for Utility Design Services for MSBU Projects BACKGROUND: See attached memorandum. FUNDS AVAIL.: N/A PREVIOUS ACTION: October 3, 2006 - Board authorized staff to re-advertise for continuing contracts due to issues relating to Florida Statute 287.055. RECOMMENDATION: Staff requests Board approve the shortlist, grant permission to negotiate with the six firms: Camp Dresser & McKee, Inc., Kimley-Horn and Associates, Inwood Consulting Engineers, Keith and Schnars, Engineering Design & Construction, and Masteller & Moler and authorize the Chairman to sign contracts as prepared by the County Attorney. [ ] APPROVED ~ OTHER: [ ] DENIED COMMISSION ACTION: C3C Pulled by Board to look into. Will be placed on the 12/12/06 agenda, o anderson County Administrator [x]Counly Attorney [x]MSBU Coordinator Coordlnation/Sianatures []Mgt. & BU~'-) , '/ bjPurchalng [x]Public Works Director ~t~· []Other II DIVISION OF ENGINEERING MEMORANDUM 06-047 FROM: DATE: Board of County Commissioners Mike Powley, County Engineer MYþ November 28, 2006 TO: SUBJECT: Award of RFP #07-004 - Continuing Services Contract for Utility Design Services for MSBU Projects BACKGROUND On October 3,2006, the Board authorized staff to begin the selection process for continuing services contract for Utility Design Services for MSBU Projects. One thousand four hundred and ninety eight vendors were notified, fifty documents were distributed, and thirteen proposals were received. The selection committee reviewed the responses and shortlisted six firms: 1. Camp, Dresser & McKee, Inc. 2. Kimley-Horn and Associates 3. Inwood Consulting Engineers 4. Keith and Schnars 5. Engineering Design & Construction 6. Masteller & Moler BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR TABULATION SHEET - RFP #07-004 PROFESSIONAL ENGINEERING SERVICES FOR UTILITY DESIGN OF MUNICIPAL SERVICE BENEFIT UNIT (MSBU) PROJECTS OPENED: NOVEMBER 8, 2006 AT 2:30 P.M. Thirteen submittals were received for subject proposal: Camp Dresser & McKee. Inc. Contact: Eric Grotke; Phone: (772) 231-4301; Fax: (772) 231-4332 Address: 1701 Highway A1A, Suite 301, Vero Beach, Florida 32963 Culpepper & Terpenina. Inc. Contact: James Terpening; Phone: (772) 464-3537; Fax: (772) 464-9497 Address: 2980 South 25th Street, Fort Pierce, Florida 34981 Enaineerina Desian & Construction. Inc. Contact: Roderick Kennedy; Phone: (772) 462-2455; Fax: (772) 462-2454 Address: 1934 Tucker Court, Fort Pierce, Florida 34950 IBI Group. Inc. Contact: Richard Wohlfarth; Phone: (772) 873-9550; Fax: (772) 873-9585 Address: 2685 Domina Street, Unit 2, Port St. Lucie, Florida 34953 Inwood Consultina Enaineers Contact: Chuck Olson; Phone: (407) 971-8850; Fax: (407) 971-8955 Address: 870 Clark Street, Oviedo, Florida 32765 Keith and Schnars Contact: William Smith; Phone: (772) 287-2626; Fax: (772) 286-7999 Address: 900 East Ocean Blvd. Suite 340-E, Stuart, Florida 34994 Kimlev-Horn and Associates. Inc. Contact: Chris Barlow; Phone: (772) 345-3800; Fax: (772) 286-0138 Address: 10521 S.W. Village Center Drive, Suite 103, Port St. Lucie, Florida 34987 LBFH. Inc. Contact: John Donahue; Phone: (772) 286-3883; Fax: (772) 286-3925 Address: 3550 S.W. Corporate Parkway, Palm City, Florida 34990 JOSEPH E, SMITH, District NO,1 . DOUG COWARD, District No, 2 . PAULA A, LEWIS, District No, 3 . FRANNIE HUTCHINSON. District No, 4 . CHRIS CRAFT, District No, 5 County Administrator - Douglas M, Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: WWW.co.st-lucie.f .us RFP #07-004 Tabulation Sheet November 8, 2006 Masteller & Moler. Inc. Contact: Earl Masteller; Phone: (772) 567-5300; Fax: (772) 794-1106 Address: 1655 2ih Street, Suite 2, Vero Beach, Florida 32960 Metcalf & Eddv Contact: Brian Stitt; Phone: (954) 745-7200; Fax: (954) 745-7299 Address: 13450 W. Sunrise Blvd., Suite 200, Sunrise, Florida 33323 Metric Enaineerina. Inc. Contact: Joe Gomez; Phone: (561) 640-1306; Fax: (561) 640-1312 Address: 2081 Vista Parkway, Suite 310, West Palm Beach, Florida 33411 Wantman Group. Inc. Contact: Mark Warner; Phone: (772) 408-5258; Fax: (772) 408-5254 Address: 548 Mercantile Place, Port St. Lucie, Florida 34986 NUMBER OF COMPANIES NOTIFIED*: 1498 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 50 NUMBER OF BIDS RECEIVED: 13 *Per demandstar.com JOSEPH E. SMITH, District NO,1 . DOUG COWARD, District No, 2 . PAULA A, LEWIS, District No, 3 . FRANNIE HUTCHINSON, District NO.4. CHRIS CRAFT, District No, 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.CQ.st-lucie.f .us '..... ", TO: BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST ITEM NO. C-4A DATE: December 5, 2006 REGULAR [ ] PUBLIC HEARING [ CONSENT [ X ] PRESENTED BY: SUBMITTED BY: Airport Diana Lewis SUBJECT: Request the Board approve Budget Resolution 06-331 for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A) in the amount of$227,000 with a local match of$57,000 for a total project cost of$284,000 for the taxiway shoulder and drainage project at the St. Lucie County International Airport. BACKGROUND: Periodic repairs of taxiway shoulders are required to mitigate erosion problems, improve drainage, maintain the operable conditions of the airfield, and prevent pavement damage. This agenda request is to accept the FDOT JP A to design and construct the taxiway shoulder repair and drainage improvements. FUNDS AVAILABLE IN ACCT#: 140348-4220-563000-4805, Infrastructure PREVIOUS ACTION: On October 24,2006, the Board accepted the FDOT JPA on this project RECOMMENDATION: Staff recommends the Board approve Budget Resolution 06-331 for the Florida Department of Transportation (FDOT) grant in the amount of$227 ,000 with a local match of $57,000 for a total project cost of$284,000 for the Taxiway Shoulder and Drainage project at the St. Lucie County International Airport, and have the Chair or designee execute same. COMMISSION ACTION: Approved 5-0 ijAPPROVED [ ]DENIED rJOTHER: Reviews & Approvals ~ Coppty Atto~MB-R.vV~ . Pnrchasing Originating ept: ther: Other: Finance:(Check or Copy only, if applicable) .. i MEMORANDUM STAFF REPORT DATE: November 22,2006 TO: Board of County Commissioners FROM: Diana Lewis, Airport Director SUBJECT: Approve Budget Resolution No. 06-331 for FDOT grant for Taxiway Shoulder and Drainage Project - Agenda Item C-4-A The Airport is responsible for providing and maintaining the airfield at the St. Lucie County International Airport. Periodic repairs of taxiway shoulders are required to mitigate erosion problems, improve drainage, maintain the operable conditions of the airfield, and prevent pavement damage. This agenda request is to approve the Budget Resolution 06-331 for the FDOT grant to design and construct the taxiway shoulder repair and drainage improvements. Staff recommends the Board approve Budget Resolution 06-331 for the Florida Department of Transportation (FDOT) grant in the amount of $227,000 with a local match of $57,000 for a total project cost of $284,000 for the Taxiway Shoulder and Drainage project at the St. Lucie County International Airport. .. ..' " RESOLUTION NO. 06-331 WHEREAS, subsequentto the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement in the amount of $227,000 as funding to design and construct taxiway shoulder repair and drainage improvements at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 5th day of December 2006, pursuantto Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUES 140348-4220-334411-4805 APPROPRIATIONS 140348-4220-563000-4805 Florida Department of Transportation $227,000 Infrastructure $227,000 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson Commissioner Joseph E, Smith, Vice Chairperson Commissioner Doug Coward Commissioner Paula Lewis Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 5TH DAY OF DECEMBER 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORREC1NESS AND FORM: COUNTY ATTORNEY \. ..0' AGENDA REQUEST ITEM NO. C-4-B DATE: December 5, 2006 REGULAR [ ] PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport PRESENTED BY: Director Diana D. Lewis SUBJECT: Request for approval of Kimley-Horn Work Authorization to survey and provide legal descriptions for the Air Charter of Florida, Inc., d/b/a Jet Service Center at the St. Lucie County International Airport. BACKGROUND: Old survey and legal description information has been used in the leases, which upon review, it was discovered that they are not accurate. To correct this problem and to have the survey based on a common control point, the consultant will survey the property and provide updated legal descriptions. FUNDS AVAILABLE IN ACCT#: 140-4210-531000-400 PREVIOUS ACTION: Not applicable RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Kimley- Horn Work Authorization for $11,600 to survey and provide legal descriptions for the Air Charter of Florida, Inc., d/b/a Jet Service Center at the St. Lucie County International Airport and authorize the Chair or designee to execute same. COMMISSION ACTION: ~. APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Reviews & Approvals County Atto~ OMB rZ."'"'Î'> ðJYX. Purchasing Originating Dept: Other~ Other: Finance:( Check for Copy only, if applicable) -, BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director S.:r~blJ'~JI.t-:%·;~, . . COUNTY'. FLORIDA ~ MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director D~e: November27,2006 Re: Approval of Kimley-Horn Work Authorization for Survey and Legal Descriptions of Air Charter of Florida, Inc., d/b/a Jet Service Center, Item C-4-B On review of the old survey and legal descriptions used in Jet Service Center lease, it was discovered that they are not accurate. To correct this problem and to have the survey based on a common control point, the consultant will survey the property and provide updated legal descriptions. The leasehold boundaries will also be reviewed to determine if any of the property is within the taxiway object free areas, which should remain in the Airport's control. Staff recommends that the Board of County Commissioners approve Kimley-Horn Work Authorization for $11,600 to survey and provide legal descriptions for the Air Charter of Florida, Inc., d/b/a Jet Service Center at the St. Lucie County International Airport. WORK AUTHORIZATION NO. aq St. Lucie County Board of County Commissioners , St. Lucie County International Airport Agreement No. C03-10-636 Survey and Legal Descriptions - Air Charter of Florida Leasehold Pursuant to that certain Contract (the "Agreement") between St. Lucie County (The "County"), as successor in interest to the St. Lucie County Port and Airport Authority, and Kimley-Hom and Associates, Inc. (the "Engineer") dated October 14,2003, the Engineer agrees to perfonn and successfully complete the Scope of Services along with the schedule for completion of the work attached hereto and made a part hereof as set forth in Exhibit A. Compensation to the Engineer shall be as described in Exhibit B. IN WITNESS WHEREOF, the parties have caused this Work Authorization to be executed and delivered, effective as of , 2006. ATTEST: BOARD OF COUNTY COMMISISONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: KIMLEY-HORN AND ASSOCIATES, INC. () \\r,~ ~ ~ BY: ¿..ø¡J(j~ David R. Bardt, P.E., Vice President WITNESS: DATE: \l\(~\~ EXHIBIT A SCOPE OF SERVICES FOR St. Lucie International Airport Survey and Legal Descriptions - Air Charter of Florida Leasehold Overview The general scope is to provide professional surveying services for improvements at S1. Lucie County International Airport. This work order involves revisions to existing legal descriptions to internal control points and monumentation of property corners. Task 1: Survey and Mapping We will prepare a revised legal descriptions and sketches of the three (3) Air Charter of Florida lease parcels. The current lease legal descriptions will be checked for conflicts with runway/taxiway setbacks and corrected as required. New legal descriptions and sketches will be prepared based upon the National Geodetic Survey Control monuments, which are tied to the Florida State Plane Coordinate system, that exist on the Airport property. Upon approval of the newly created legal descriptions and sketches, corners will be set on the boundary of the new parcel configurations. Deliverables: 1. 5 copies of the legal descriptions and sketches. SCHEDULE Task 1 will be complete within 90 days of notice to proceed. I/J Q; CJ ... ns Co Q) I/J ns ~ N ns "0 .¡: o ü: - (,) 0 c: ... Q) en ~ Q) ns ......,C CO () 'ë3 ... o < en en « -g .:.: CO en c: 0 L- () o w I .1- I.+-iO~ >-(,)Z-= Q) Q) ..:::; E '0 W l- .- L- -I en ~a..LLW o c (C~ IIU l1 Q) « .ê-g Vm <0 Q - M 't"" - 't"" 't"" (/)0 00 00 00 0 00 00 00 0 0 0 0 0 0 -0 00 00 00 ~ 00 00 00 0 ~ 0 0 0 0 ('( . 00 tOtO tOtO g~ 00 00 0 0 0 to 0 -0 N 0 0'<1" 100 NI'- I'- I'- N 0> 0 I-l() <O.'<t CD .... .... .... I'- N.l() ~ ~ .... .... .... .... N .... (/) .... ('( ~ I- »ro 0 0 0 ~ 0 -(j .2 0 0 Q) ... <0 ~ en~ ~ (,) I'-l() l() l() N 0 0 N ~ 0 0 l() 0 0 CD I'- <C ~ CD (,) .... ~ :;:N 10 0 N 0> 0 0 Q) ... N C") ~ 0 ... 0 0 (,) .... 0> c: .... 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W <C C/) <C Q) Q) C/) C/) C!) ~ ~ C/)o 0:: w C/) C/) 0 <C I/) I/) 0::- ::::> ~ C/) ¡¡j 0 IX) W ~ ~ w!;;: b <C 0:: ...J 0 J: a. ...J 0 0 w ~ ~ Zz J: I- C/) W 0:: 0::_ >- ...J u.. ~ ~ 00 u.. en 0 5 z <C ~ 0 ...J ...J 0 a.. ~ .~ (,)0:: a::: ~ I- ~ 0 W 1-0 ::¡: ::::> W 0 0 <3 0:: ~ ~ (,) wO ::::> 0 0 ~ ...J 0 a.. a. a. 0 c/)(,) C/) J: I- <II :2 Õ u: 'õ ~ <II .c Ü ... ~ Qj ¡: <II Co C ) '" <II .'!! t: o e- ~ C ) 'õ '" ...J éñ s. C ) è: '" CI) -¡¡¡ § o u. :;¿ '" X <d o C') ... ... ... I- ww I-W ~:I: een o o o o ~ 'r"" 'r"" ~ " ,- ITEM NO. C· b -A DATE: 12/5/2006 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Neil Appel. Director SUBJECT: First Amendment to Contract C06-10-585 with Interstate Express, Inc. for Courier Services for the 19th District Court System BACKGROUND: See the attached memo. FUNDS AVAILABLE: Account # 183-601-534000-6000 - Courier Services PREVIOUS ACTION: On October 3, 2006 the Board awarded Bid #06-111 to Interstate Express, Inc. for Courier Services for the 19th District Court System. RECOMMENDATION: Staff recommends Board approval of the First Amendment to Contract C06-10-585 with Interstate Express, Inc. to increase the daily rate $20.00 and permission for the Chairman to sign the contract amendment as prepared by the County Attorney. COMMISSION ACTION: ()Ò APPROVED () DENIED ( ) OTHER Approved 5-0 ADMINISTRATOR Coord ination/Sianatures County Attorney (X) ¡~Jn 0"-"'" Originating Dept. ( ) Mgt. & Budget (xJr# ~ Other ( ) Purchasing (X) ~ Other ( ) Finance: (check for copy, only if applicable)_ , , PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: November 29,2006 RE: First Amendment to Contract C06-10-585 with Interstate Express, Inc. for Courier Services for the 19th District Court System BACKGROUND: On October 3, 2006 the Board awarded Bid #06-111 to Interstate Express, Inc. for Courier Services for the 19th District Court System in the daily amount of $79.50. Due to the move of the Courthouse from 218 S. 2nd Street, Ft. Pierce to 250 N.W. County Club Drive, Port St. Lucie, the courier service will incur extra expenses and therefore have advised that it will be necessary to increase the daily rate by $20.00 per day in order to provide service of the new schedule. RECOMMENDATION: Staff recommends Board approval of the First Amendment to Contract C06-10-585 with Interstate Express, Inc. for Courier Services for the 19th District Court System to increase the daily rate by $20.00 and permission for the Chairman to sign the contract amendment as prepared by the County Attorney. · ... Page 1 of 1 Maryann Collins - Courier Service From: To: Date: Subject: Erick Mershon Collins, Maryann 11/29/2006 8:40 AM Courier Service ~"""""~~''''''''^~~.,."..."...,....,''''''''''''''"." .~~~"...."" Due to Court Administration moving from St. Lucie County Main Courthouse at 218 S. 2nd Street, Ft. Pierce, FL 34950 to 250 N.W. Country Club Drive, Port St. Lucie, FL 34986, Suite 217, it will be necessary to amend the contract with Interstate Express. This change has resulted in an additional $20.00 a day charge or $100.00 per week. This brings the weekly total to $497.50 for weeks with no closed holidays. Thanks, Erick Erick M. Mershon Deputy Court Administrator/ Budget Director Nineteenth Judicial Circuit State of Florida 229 Courthouse Addition 218 South Second Street Ft. Pierce, FL 34950 Telephone (772) 462-1873 Facsimile (772) 462-2381 mershone@co.st-Iucie.fl.us file:IIC: \Documents%20and %20Settings\administrator\LocaI %20Settings\ T emp\GW} 000... 11/2912006 ..... ITEM NO. C· DB DATE: 12/05/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Purchasing Director SUBJECT: Fixed Asset Inventory-Property Record Removal BACKGROUND: Please see the attached Property Disposition forms from various S1. Lucie County Departments with regard to removal of inventory items. These items will be disposed of as surplus. FUNDS AVAilABLE: N/A. PREVIOUS ACTION: N/A. RECOMMEN DATION: Staff recommends the Board authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. COMMISSION ACTION: CE: DCJ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do 9 derson County Administrator Coordination/Sianatures County Attorney: ( X) ,~ t'" on'? Originating Dept: Finance: (Check for Copy only, if Applicable) Mgt. & Budget: Other: Purchasing Dir.: (X) *-- Other: BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, DIRECTOR MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: December 05,2006 Re: Fixed Asset I nventory-Property Record Removal ******************************************************************************************************** Per Section 18.4 of the Purchasing Manual, Staff is requesting permission to remove the fixed assets as listed on the attached Property Disposition Forms from various St. Lucie County Departments. The items will be disposed of as surplus. Nov 22 OS 10:53a p.2 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TO DAY'S DATE 1/4~b 1. INVOICE DATE (IF NEW PURCHASE): ~ 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): ~. 3. GOVERNMENT ~ME, DMSION, BUILDING AND ROOM i} : S Î Á.......c I" "'e. éD~ I"-L -( '-/ ~ I 'L ( 4. lOCA TJON CODE: Csu-A-m'T 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): '-IoSS-S-!4 6. YEAR ACQUIRED (IF TRAJlSFERREDJDONATEDITRADED, ETC.): J-'<-é:¡L ( . /99"7 7. DESCRIPTION OF PROPERTY: ' ~VC-f-eN C;:",.'JJI<- 8. MAKE: IJ 4- ( C'Q 1'-' 9. MODEL NUMBER: ¡..j E {;-fP00 lJ3 10. SERIAL NUMBER: c(8--/fC07> (;?- Y U' " r 11. METHOD OF DISPOSAL (rF DISPOSJN~ OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): 1)- L( oN 6.. OR AUTHORIZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. ' A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND nRECEMNG" COPY OF P,O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANce WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NESD TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE RXeD ASSET RECORDS.) B. rF DISPOSiNG OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. .' , 4. 5. 6. 7. 8. 9. 10. 11. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACOUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE ,;( t71£íohhfÍ? - 1. INVOICE DATE (IF NEW PURCHASE) ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) , GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 2. 3. LOCATION CODE PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING TO (IF TRANSFERRING 7 M31Ù OR DISPOSING OF) YEAR ACQUIRED (IF TRANS FERRED/D ONA TED/TRADED, ETC.) DESCRIPTION OF PROPERTY - ~~ /,;1.31 ¿Jç-- '.J 0/' ¡J- MAKE' MODEL NUMBER 12. SERIAL NUMBER '" 13. METIIOD OF DISPOSAL (IF DISPOSING OF: JÛNK, SURPLUF~ED, ETC. ~~~ (DEPARTMENT H AD 9R AUTHORIZED PERSON) ./ TillS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHAS'ED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FO~ OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO :fINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 10/31/06 1. INVOICE DATE (IF NEW PURCHASE) - .-..'.~. ".' . 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) . u. _...__."_~"._. ..h. _.. ........,._.".__........ 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # r----'---,·-·--,·---------'---- .'--'----,-".-, -- -- ..,.. ",-. .... - - ...,. ,..,.. ,-, -- -.-., -, , ..,..,.... 'St. Lucie County International Airport I L_~__",_,_". _'___._~_.",..__ ,__.,__ .....". .... ~...... '~__'" "..._._, '_"'_'''_' __ '.. _. ..... .'" ," d___.. _'__'_'~"___""'___' ".-. . ...._- .-..-......-.- 4. LOCATION CODE :'ÄPAÎRP- ..- TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO ® IF YES, DEPARTMENT NAME -...".-,...-.-...--....---.....---.. .._......... ._.,-... ì...,_.... .. _".'''H'''__.·__ ^_..~_.' '.""'. . n. .".. 5. PROPERTY RECORD # :404913 . ..-..-.". ~._._-_........._._-.~._._- 6. DISPOSING OF YES (!) NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC.) r-----·---..·-....· .,,-....-.' .,.. - .,...., - .-.. ,. ---. ,-- ..... - .,..,..---... , ,2000 L..,__,......._.... ..._.. ,-...-_....... .,.-....-., 8. DESCRIPTION OF PROPERTY [----'--_.._'_...".- .--..,-..,..--.....,..-,.... ,.... 'Lawnmower L___'_.'__'.__m__.. _..,..._..._..___ . _ ... ..,........., .. n. . .~ .......__... '..'_' .. '_'.. ,···.··_·.~__·_·o.~.·..__..._._.,.. . _·._··...·~._·.·o.._...__~~ r·"~··~->-·^·,-·-·· "."-. 9. MAKE :Kawasa .- .....~._.. -_._...~ L......'''..._ .._._....,..._.".. ... ......-.-.-.-..-,--.--. 10. MODEL NUMBER :~_\JVZU36-15KA 11.SERIAL NUMBER 5930055 .. on. 'o"_~" ....... - .""".. ._.-.. ~~,... 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ¡:;:'--'-'--_..,._--,.,..,...,..., .....,. ...-.,.,--.... .-.., ._,-,......._, --, ...... ......... ,--.,...."... 'Traded - approved as part of FY 06-07 budget process - towards purchase of new Z-trac mower L---M.¿2~7d-t ................. ..... ... ···~~//cb DEPARTMENT HEAD OR AUTHORIZED PERSON DA4 ..._---~~..~- ---_.. THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COpy OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TO DAY'S DATE 10/31/06 1. INVOICE DATE (IF NEW PURCHASE) ~ 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) .... ...-..... -"-', ,.-.. .... .. ".- ........ .-,... ~. ......' . ...-.-.---.-.,....- .. _n....._..._....·..,·.__. .__...... ,__ .·_H_·__.___.·.. _.,... 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # r·--·..--·--'·..·..·--·-'..·' ...,., -. .'~,....,..-,...-.....-"...' ..- ...-..--,...-.--.. '--'" ..,,-, ..- ,-,.... ...-.,.........-.,.,.,.. '.-, ...... ,. ;St. Lucie County International Airport I L._".._.".... _. 4. LOCATION CODE JAPAIRP ...., .__ ·"··_.n_ '__',__"__,._,.,, .._ ._._...__ ._~. .........._ ··.·_··__·~·__H·..·..._ ". .._.......__...,.,_......... ... .,.,- -_.._'--'_. ..._/ I . -----.......".. ...,j _0' ,....._.., .__. _.. ....", _ ,__ ._ .,. _.'.._. ..... ~_,.._". ."~'_.._~_.'._.".___ 5. PROPERTY RECORD # A04914 - ..... -.,' .... . _....~."._....--_.._-_..._,----,.......... TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME . ............--.."... 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC.) !2ÕÕÕ---·,----..·,"',,·· ,... """.". , L____..._,_.,., .'. ... "', ._.n... .. . ,,_. _.. .__._,.. ,'.,. ...._...~.._..__.¥__ __"..~_.,....._...._,... ,......_._ ,~ 8. DESCRIPTION OF PROPERTY ~~~~~~~~~'.~,."..- .',., ,.,..,,','--,-.--.,---..- .,,"..' '..,--..~."_.__....~ .....'---.. '. ..~... .....-..--..--...."."-.... 9. MAKE · Kawasa 10.MODEL NUMBER 'SWZU36-15KA 11. SERIAL NUMBER 5930056 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ::::;> .. ',' r:;.---'-'--'''...---'. ."....-,. -. ,...... ,. ,-.... ..,.,..-.-... ,. .-., . ..,...,...--....... ..,.., ....'. . ....... - ..... ..,.........--.,..-..,..,.,.......-..--.....-,.-,.'"----.,.,.,...,.,.---.--...'"-,.....----.'-., IT",~e~~ea~þ7 budget process - towards pUrchase 0'- newz:trnC_rnow~ ;1),-~ . ... ' .... J DEPARTMENT HEAD OR AUTHORIZED PERSON DATE' THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/19/06 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE ,APAIRP ,. 5. PROPERTY RECORD # '303360 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO (!)i IF YES, DEPARTMENT NAME 6. DISPOSING OF YES ® NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDrrRADED, ETC.) ,-..,--..-....-......- . '4/9/1985 8. DESCRIPTION OF PROPERTY _."..H_·_'...·.·,·_-.·.. Non Directional Beacon 9. MAKE ,Tuning & Transmit 1 O. MODEL NUMBER 11. SERIAL NUMBER Unit -191&301 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC,) rJ.:~~klthtríl CtLn€.> dl\t11Ct~~O ..,.... .,..., _.",- a d4~ q/5òJö6" DEPARTMENT HEAD OR AUTHORIZED PERSON / DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPOßl' OF_ACQ..UISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE· /tJ !;,iIYb 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. ' GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE . /If?¡9/~P 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRlNG TO (IF 6. TRANSFERRING 7, OR DISPOSING OF) ~ ¿J..397? 8, YEAR ACQUIRED (IF TRANSFERRED/DONA TED/TRADED, ETC,) 9. DESCRIPTION OF PROPERTY ,,¿? ! ~ 10. MAIŒ ;;2-33 h/1~líu'r>-- 11. MODEL NUMBER 12. SERIAL NUMBER 13. METHOD OF DISPOSAL (IF DISPOSING OF: n!NK, SURPLUS, SOLD,/~RA9JW, ETC. ~ ?~? ~~~ .~~þt1 ~<4<-. 14 t.~J . . (DEP TMENT I-lEAD c:m, AUTHORIZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANBFERRED FROM ONE DEPARTMENT TO ANOTHER. A, WHEN PURCHASING AN ITEM, FILL TfIIS FO~ OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COpy OF P,O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS, B, IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. T1\T'T'DA....T'r.''T'.T"\TrT"'lr'lTT...nT'''T,-.. ........_T""<~ r...... _______. Page 1 of 1 Sandi Morando - Junked From: Madeline Yaroma Sandi Morando 3/10/2006 3:03 PM Junked Joe Cimino To: Date: Subject: cc: WS# 937303 SLC Prop. # 403978 - belongs to an Acer laptop - is broken will be destroyed. o~ ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODA Y'S DATE~ I ðDd.o 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ,......--...,.-......,..-,.-" ;S1. Lucie County International Airport ; 4. LOCATION CODE ',Ã,PAIRP 5. PROPERTY RECORD # ~404010 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO (!) IF YES, DEPARTMENT NAME 6. DISPOSING OF YES ® NO o C/) :-i /"0.,,) e c, L...,___......."."..._ r- u"c.:: c-:} , . , , , , o .. ....,,""'). - ......¡ ·,·N·", o 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC,) r·......m...- ..,.,.....,. ., 11993 8. DESCRIPTION OF PROPERTY r....-~.~'_·.· "0 ro_,_. '- ."...,. . ¡Truck w/Street Sweeper L_,._.~...___....,._,_..._ . 9. MAKE FORD 10. MODEL NUMBER 11. SERIAL NUMBER 12',~~IHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED" ETC.) ,USED AS A TRADE-IN for purchase of new TYMCO Sweeper (Board approved trade-in on 5/9/2006) ¡;;].'... . ...,........, .,...... ..,.,. '·.u,..._u DEPARTM~~ORIZED PERSON / ~~(Ó THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 10/19/06 1. I NVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ~·__o~_,~_ ---_._-'-"'--', I I ¡ __~____-.-J r ¡Parks and Recreation, Port St. Lucie Pool :200 Ravenswood Lane, Port St. Lucie I ' "_'w^"y_.~__._".._,..__,·,_._·.__r·v.'."'r'.'"."'__'"._"..,,,.."·._rHW·___~__.~"__"'._N._.__·_.._..~·'_"_____.__.~__.~ 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED 8. DESCRIPTION OF PROPERTY stands 9. MAKE 10.MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) r··············· ,.... ...... .. ........ ....... .... ......,....... ......... .................... .....' .....,.. . ,.. ..... .., .,.....,. .-.......... . ........._,.-.,...,.........'....,.,......,.... ....._,-, -. ".......,.. ...............-.,...--.- .,...,_., .... ........,...............,...,.....-.--...--..-.-,....,-......'..,., .. -,. ..,.........,..,...,.,. .... ...] ¡Junk L__~-t~-~~--------------~~~~~~------- DEPARTMENT HEAD AUTHORr ED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TOTHE, .INVOICE AND RECEIVING COpy OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 10/19/06 1. I NVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ¡Parks ;nd Recreation, Port St. Lucie Pool 1200 Ravenswood Lane, Port St. Lucie J '__..~,..,,._.,_.~__.._~_.,.,__,.,~"_<_^~^.,_~,_____.._.__"_.~______w_______ 4. LOCATION CODE 5. PROPERTY RECORD # 50 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 C/) ~l ~ S 0-.. '-0 ..-- '---. f~~~; ¡-- ç:: ,:::;) ~ 7. y._~~.!3 Aº9..~l~É!?J!~_I~AN~~R~~E/DO~ATED/TRADED, ETC.) !2002 L..,...,.,.._.,.,_.."_...,_.".____"..,..,_____._____ :::'C ::¡ 1'.) :~; -Ç;~"-+i' ¡.:: ~ -----;:?---~- :"; > ·-------~-~~~1 8. DESCRIPTION OF PROPERTY , !Llfeguard stands ,·_..~_"_"_~·,"M.<_·"··.,'_.~_.~ -'''_''_'''''''._.'''~'~'^--~' 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) r····' .,.. ... ..... ........................... ....,.. .....".... ........ .....-.....,..- ........ .,.......... ............. .....-,........ .,....._,- ,.......,-..........,.,.......,...,.........,.......................................-..-.--...,........ ..........--.................................-.,.......,... ..... ,..,..............................-......................., '............¡ IJunk ' L.........,.. ' '........"...A-...:...'---..'..'--f)......-. .--,-,...-----..,............-...........-.,--,----,.-,-..-.--.......-.--,.---...-,- '-----,.....-.---,---.---......-.---,....,--..--..,..--,.-,-,-,.. rÚvttL IU~~LLl~ /() - I ~ - () C, DEPARTMENT HEAD 0 UTHOR ED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/28/06 1. INVOICE DATE (IF NEW PURCHASE) .. .~ - "'·'·-P".... ", '. .." 0·__...-.-.....-......·-.....- _ . ,_______ .._·_______n' ..._.. .,. '..., .-."-" '~.~-.-..,-'.~,~:] T' .,._... ".u _~ _. 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) .·..UH_·~_'·._·"...... '_'n'" .. , .. n.._ ...". .'___ .",.." .N . . __" . ,'.. ~ "'~ .. _ "r _'_~'_' ........_._. _.."___.. _._ '_'W'_' ._... .. 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ¡-..----.---.-'.--....-...-------..-.--------'-..'..'.....'.-...,..--.,---.----_._.__..__..___._,___.___.._...,..,.._ .,_. ,.,......, ,... . , ,. ........ ._... u.,....· ......._ ,..., ..._ ___,.._.._ 1St. Lucie County Solid Waste Department, 6120 Glades Cutoff Road, Ft. Pierce, FL L....,..,..__...__..______,...__..____....,_.._.....____.____...,._._..___.....,...__......__......__.. _.' ,. ...... ,.".", ..._ 4. LOCATION CODE [~~,~~~~-~..:~':..,..-.:__.,': .',_',.-_-.::~::~_-:..':.,..:_".... _~~~,-'-..:.,.., ,. :-_-_ ..:'.:.,:.::: .:: ..'____-.-'-,.:..~:~=',:~-:~~.'j ¡-....'...' ,'-.....---...,.,...-..-...-.-..--.-.-...--,.,.,.., ..,---...,. ,.... ......,-..',.. -, ... ...,-.-...-.,-, ---,-,-_..... 5. PROPERTY RECORD # ,50-0140 t_ _~._ '....._~_._. '.''''.' .~.._.. h.. ".'.. __ . ._........._..., . ,_w..u _.. _._.,~__.____,~_.__,_._ ~._ _.......__._.. .._. ."..' ,._.~.__,.._ ,...--...---.........- 0 ® . -.-...... _.-....-.~..~.__..._,...., TRANSFERRING TO OTHER DEPARTMENT? YES NO i IF YES, DEPARTMENT NAME ............ ___..._... . .....1 6. DISPOSING OF YES ® NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC.) r----··.."..---'··-·'·'....·· . .....-......, , '- ........--...-, ,-...,....-,-,-.........-..,... ...... ,.............' -.. ..-......,...-....-....,.-, '.. ..-.,..,- ...... .... .. l~~~~_... ._,__ ...,. . .....___,__...." . ..,.....__........, 8. DESCRIPTION OF PROPERTY "__~""W_'__'_ _ ._...'__' _~., __..._.._.. .~~......... U'-"_'" .._..__..._...._.~. _ __'. ,. ....·w·..·__ ........ .. ,_ .... ._.~._ _."_ .__. _. ~,_.,.u.... _.__..__ ____,_ ~ -_....~.._- .---.....-......,- ..-.-._..~_. '.. 'Loader L_____,..,___.._..___, .. .....,... __. ..-..' , ,..___..., ..,_.,., ,. _.. .......-...-_.....----,_...~...._-_.._...._. -- ......-~.+ - -"" '..--. ....-... -- ,. ..-. . --- ~--~._. .---.....-- r-""-'- --.... -......................-,...-.. ,-..,..... ...... .......... ....,- ,.....-..... ...--... .......,., .., ... ...... -.....................,....-.... ....... - ,., .'--(75--'''' ,Š....·..·- ·....·1 9. MAKE ¡Volvo ;:-1 t=-.. -0 ;~: ::;,:~ :~::::-~£t~~:~:~~:~~::-;~~:~~:_~~~::~~=~-::~__=~..L~,~~!0~ ê ...~.~.-.:. ::3: I ..i 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ;.:::: N ;,~? r-·-·-----···· ~,,_w _w_ --. .._~ .--.----.,--.-....---- ··-'_.w.,,_.____ -.-..- .-~.-.-.---.--...' -_.. .... _.... ... ...-.. _..... _. ..._ .... _._..__.__...._.. ._~____.+_ ,,____.. .___.. ,_..,__^.~_ .._.__..._~j~___._~ ..._1...1._____ ---.~-::::.:-_l¡ l~a~~/~_ .... ....... .-.-c;jº8/"b-:-~--='i! DEPAR~OR AUTHORIZED PERSON 1; DA1f THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TOTHE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/28/06 1. INVOICE DATE (IF NEW PURCHASE) ........ --- "..-P'-'- .. ..... u. .... ._.__.u_...... _. _ . _... ___.,,~._.'._._...._'.. 'h_' . -----". ---- ~ - - , 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) r-..-'-'----....--,·,..·. ......,.......-'.-.--,........-,.....---,." .,......----.---....-.....--. _.'.·.._·u, - ...". .- ,...-.... ... ,... ,. ....,-.-,., -....-..,.,. L..._...._,.'u_.,..._....__,._......, ..., _ '.'_'" ......." "._'.__.'.. ._...., ....,. ,..,. u,'._....,..__ ,.....'......_.._........,..,_.. .... .. . . .... . .,.... 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ,-----.--.--'....--- ...,.........,--,..-...--,--,...-.-.,-...,---..----....-,--..,.."'-...."" .,..,. ....,., .._,.,...,., ,,-,...,., iSt. Lucie County Solid Waste Department, 6120 Glades Cutoff Road, Ft. Pierce, FL I 1.....,__..,....-.....----,.....,....,...,...,-,..."...,..--.-...,....,,_.__......._......__..__....,_...._.,__._ _..,..........,._. 4. LOCATION CODE ìpWLAN[:i--'-..---..,..----'-,..·..,..-·,'-' 1._- "._.. .._H.._._.__"._.._.~___.__. _._._.".," ._. .__._. _.,_~ _ uu.. ..... .. . _ _._ . .,.-....- ..,......-.- .,...---..-... __U'_"n'.__"_ _ ..-. ...-.............-.. . ..... .. ...-' - ~...._._~..__._-_._~~. ---,....-._...... -.. .. ........·.~.,_u_ __,.,., ___ ...._ __._·__·_....·H._.... .. ---,_.-...... ..."_...,--"._.~._...-~..-........_.....,._-...... ,.. ........ ¡-.....-'-..-.-.'.. ".... ..- .. -.... 5. PROPERTY RECORD # ;50-0710 1_.....___. ..__...-.... ._......~..._m_ .....___ .._ ..... ......_.. __... _... TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME o NO o " .., -,--- ..... I .....,., .. .b.J_.__ ,__" en S -0 ;-,,1 Q... r": [~= c~~;;:5 :TJ (-:; :::- .- .-ï""l ;.;'; r~ ,'f~~ 6. DISPOSING OF YES o NO o 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC.) ¡-____.._.. ...._."... ._,.,,_".__.._, .....___..,.., ··W""_· _,.*___.~._._._._.,~ ~_. .__._....~..__..__...._....._.. ._'__._." _._ .,_. _.._ .,_. _ '2002 1...._._.._".,.. ........,..,... . ...'... ,.,.. ,. ..,.,.,...."._.., ..,...,_,....,..,........,_.,.. ,.,..' '" "*". .. ". .._,-,.. ..-,-- -c.~:'-.' .~- u"~-;'5"rt:l . ,. ç~~:;,..." ".,.--, c:::;'::p ¿:.. ~ '-(1 8. ~.~~º,!31.~!.Iº~, º.~..,'=_f39.~E.,~!Y..._ ,-.,..,.- . ".,.. .,.. .,-,....,.,,- ....,.....,... ......... ,...... .,.... --..".., . ..., '. ,...,.,..~..,-~--,.._===~ "1 '1986 Roll Off Truck ,..- ......'.,., , ,. .... ..,..... " ,., .., ,.... ,.. ,.. ............. ,.' . ., ., .,. .., ...... ,., .... _..., .._......... .....,'_.,_..._. ..... ...,., ........_......._,......1 ¡.-.........-..-.... ...-. ........,..-..-.-. 9. MAKE Mack I . _, ,.,... ._.. ._.__ _ ..__..~__ ·.._.._...·_u.._·. ._.~_ .__ _ no__ ~ ._.u. _.... .__..... _ _. _..... _.. . .-.., -..... - ..- ..."".-. .-.-..,.....".. ..-. _._, -- ~_.. "-'-~'"-' .-- .- - _. . "'_'_'-... ._... h.... _ ....... .,_.. -.__." .~_...,........_...___ ___... .........._. __._........ .._ .~ _._. _ .. - ... .'-- -- '-'.-..""-.' .._..... .....-_.". ..~.,,-......... ..,-- ..._----..~--......._.. ..-..--,..--..----."'.. -.--.- _.. ......... .. "--.." .....~--.~, --... ........-. "I 10.MODEL NUMBER .__..~......_-,........-...._. .-...... ~ ..-.. ,- -... ..... .--''''''-...' "..~ "..~ ,", ... .......~-~..~.. ..' _. ---."-.'-.-. ....."............J r'·--·-·'··-· ......, 11.SERIAL NUMBER i1M2K127CXGMO .---..... - ..-.-.. .--......__.._-'._..~." .-. ... .--.....-... ..-....-. .. ,_. _m.._·._·,~.,.·_·__ _.... .._..._.._. ....... ·....._..__m....~.._._..... ._.~. __,._.__. ._._..__ ....~....__ ..... .. .'.' ... ._.. , .... .--........--......'-... ........ 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ,---'-.'.-..--...-'....-..--'..'-....-....... .,_..... ,........''''...--., .. ,..-.....,.,-..-- ....,...... ,..-... ...---.--...,..,......-.......-,-,.-...,.. ......,._,. .. ....."--...-..,...-....-- ,... ..-..., ...., .,.. - ..., ". ., ....., :Sale at Auction. I 1....__,_.,......_......,...... . ,_. .. .. _.,.,........,......_...,._... .._"".,,, ,....,..,.., ....,.,., : ~i)D& DEPART ENT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TOTHE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 10/4/06 1. INVOICE DATE (IF NEW PURCHASE) [ i 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) o NO (!) ;'- 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # í".."'...'.--'......,.......H'.._....' ,--..........-----.,--. ........---,... ,-.--... ,'. ",,- , ' iSt. Lucie County Solid Waste Department, 6120 Glades Cutoff Road, Ft. Pierce, FI34981 ! í L. .__._.~.,... _.__"__0' U __."._.__.._......_ .__._.,. '. ,~._.. ...._.'" ..__~....._" ,'._ "'.~ 4. LOCATION CODE 'pwLA"ÑO''''-'''' 5. PROPERTY RECORD # i5~~?~,~3, TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME ...-.......".-....-..-. -<~. .......t.L.J .- C:) 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDffRADED, ETC.) -. .~.... -. .'-.... ". -.. 1990 8. DESCRIPTION OF PROPERTY r-nn..... ....."----...........,-..-.,-....-.......--, - ... Engine/Pressure Washer . """'~""'.+'--"--' ,.u ..__..,__......, .~_.~__._~..._.~.~.~..' " 9. MAKE [B;:¡~9S i 10. MODEL NUMBER i .-.' .. '-~.'.~. - . 11. SERIAL NUMBER ;DH2500BG .....- '""'-"""'",-'-'-' -,. ___. .__. 4".. 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) d~~I<.-·'~-""""'" ,..,. ..,.., EAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHENPURCHASINGANITEM,FILL THIS FORM OUT,ATTACHTOTHE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/28/06 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) __'^~_''''''''_~W_.¥·W,_.,·_·.' '."'·'M','_W,W,'·',,'_'^,"'·' 3, GOVERNMENT NAME, BUILDING AND ROOM # St. Lucie County Solid Waste, 6120 Glades Cutoff Road, Fort Pierce, FL 34981 """·'~~~w.~___"='~·'=',_'_'~'M~~'~.'·~'''_..~'m_'''_·~W^,_^"",,,_ '--~¥~~'~~,~.'^~Y= 4. LOCATION CODE 5. PROPERTY RECORD # 71 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED (IF TRANSFERREDIDONATEDITRADED, ETC.) L~?~~~~~.^·':~~^~~~~~^'~,··,·_,o..'.'..~~,..~...~.^,m^...'.~~ ..'.. ... ^....'.....~:~~.:::~:=::~~=~=~:=___,~~=========:=_.=.~~-=,=',~,.._.._.,-_._-_..".._... 8. DESCRIPTION OF PROPERTY very Station 9. MAKE Flo 10.MODEL NUMBER 11. SERIAL NUMBER DISPOSING OF: THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COpy OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE' NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/28/06 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # r-----...'-·---...-......·'-'-..-......··.,,~,..........·"'·--,·,-...,......,.........,..---..---- 1St. Lucie~:un::_so~~,::..::~.~:.~I~,~,:,~~.~~ff ~~~d, Fort Pierce, FL 34981 4. LOCATION CODE -~-~ 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 ... . ................................ . ......",·...·..·.,..~,..·".'~.......,,~.w.,.................¥..".,¥__.._,~~__.".._._~¥.___.."~.__~,._....._..~.....'._^'_..___"..__..·..·_.....··..w'······w··,,_,,__..·...·......_...·""···......-_....,,,....-,_....,,. 7. YEAR ACQUIRED (IF TRANSFERREDIDONATEDfTRADED, ETC.) ~ [..'.-..-...'..-..-.'..'...'..'."'..'..'...'.'...'...'.'....'.,..,....,....-,.....,..,............-..,.-,...,.".--,....---...---...---.--.....----'-........'E:f7-.,-S-.........'-o.....'.' 1009 ~ ~ C ..---,.,..-..-..,.........,..,............,......,..., ....,..... .,....,. ......, ".,.. ........,.....,....,........,............ ,.".,.-,...,..,--..-"--.-,.,....--,.....--..-,-...-.....-.-.--.'.---....'.-'......'..'r-.....' c:::: coo.) C) -0 8. DESCRIPTION OF PROPERTY ë5 -i :~T-= f':;·1 ~Ia~m~ë..~tt~~-....,····,..·..·,·..··"·········,····.._"",,"'" ...., ."...-"""'-..--.-.--.------'-..------'~-.,._.~....,?2'''@ -~--;-~.==~='=.:~'..:.~':.==.:~=~=~=.~.'~~.'=.~-..=:~~~~,~~::~.~^~.=:.,~'='~:=.=....-.,-:::.=---==----.-. --~·_~~·è::~··~_-"·A~--=':~t;~ 9. MAKE l~~~..~,_~È.~~t~.~..~"...^_"^~~w......'w...w..._^_____..~... ...~~'^--;--~.i-~=~ ':~=r 10. MODEL NUMBER I, '.'.'....,..._ ."..,....."....._~=~_=~..~==~==-==_==-='===..~=.=~......~I] 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) D~:~0.~~~-··········---·······-·--- .....- --- _.--~... THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. ß, IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/28/06 1. INVOICE DATE (IF NEW PURCHASE) í' 1,_,. 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) ¡-.....-..'-..'..'-.-....'.'-. ---" ,.--.,..-....-.-..-....--.. .... ,.,..-..... ..'..'--,.,.. ,-..__.. ._.-,.- ,..._, ..,...-. .. ". ' 1___...,..,.,..-......, _... ....,..,_,.._...,....._... ......_...._.,....,...,._...,_,.. ...., ., _.,_ ,.,. ,_.. _... ... .. .---_. ---.-... -. ".'... --. -~. -.....,....-.- ._'."___'. _'__"_'_' .·...·n._·_.._··_. _ '_'."_ 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # r'--'--- --.----.....,'.......,---...,-,-....----.........--..-,-,.,-.......-----,.,--., ..-,---.. ,-,.." ".-. ,-,. ---- .-.,.-,-..,. . ....... ,.,.,.-- ..,-, .,-,..-......---.. 1St. Lucie County Solid Waste Department, 6120 Glades Cutoff Road, Ft. Pierce, FL L_,_____,___, '..._.,_..., _. ,._ .,_.., __'._.__, _, '_' __ .,_., ....,.. , ,.._.....,..__ .._,_ ,_ ..,.._.....,__, ..,.__'... .._,_ ,. __._. ...... ,.... ......_, ,. ...__,_...__.._,....,.,__._.,.........,_, 4. LOCATIONCODE:·PWLÃN·O-"· - -.---, -, -- --- -..,..,---, -- -... ,-.,.-...-......,...-......,-.. J,., .._...._ __ '__"'__ . ,'. ' . ' .,.' _ ",.,_ . _. ,.., , ¡-...... _._..-._._--~._--_.. .- ._..__.__.~..-. 5. PROPERTY RECORD # ¡~~=~1~1,_ .,.,.... 0·...·..·._ Y.'_._... ,. "'~_ . _....---.__...~+.__...-..'-..._-.-. ..-......-. ._..---.- ..---...---..--.....--.--. TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME o NO (!) - -..-.,------- -.'-,- --- . -. .....-. -..". .-'.._-". ·'·..-··..1 I ·.·...·.···..·_·".·_..·.··._..····...._.u·_.·. 6. DISPOSING OF YES (!) NO 0 Ooo.,) 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) :1 ~ ~ :l1_9...~~i:-:~~:-'-:,'~-':~~:-~'~"-.·--',-:---'--_·'···:' - - ,...,--,--...,' ..':..,-. ".. ..'..'.,-,':.. .... ,_ _, ,,'. .---,,'.,.. ..~==--_...,-~-'" --~~~J, 8. 9. .---.....-...._...._......,- ".-.. ....---.,.-.-"... ..' _,_ '..~.....' .__........_"._. __,_._~.. '. ··L··,-...·.. 'U __.....·..._.._....._._..n,__." . . "....L._-_u.._..._'_n.._'_.' ., ._, ...~_~....._' .'n··_ ~,._...._. _·.·h'_._~~.·...···.··,__·. r ......,---.,..'. ,.,'...- ,. ..-..,. 11.SERIAL NUMBER !~!.~~?~932.~.._,.....,. .__._n.._ ~.__.. ..._.- _. . .4___'_'" _,., H ....h..... ....".... .'... ~_ ..._'.._.. ,'_... ,.._ ......_.., ._.__. ~._.___'. n'.._ ..... ....;..,..........,. -. ._-. ._--._---'--_.... 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ~;-;t-,¡;:;~ti"- ..---- -,-.--....--.....,..-.,'.." ,_. .-.,-.-,'..-, ._,-...,.., ...., -,-,..-.-..." ....-,. ,........,..... ..,. ,.. ...... ....' _.,n .... .,..,.. -.,...,.,..,-...-,..., ..,.., .-...,. ....._, , . ..', -¡....' .. .......,. VrJ. g 10,) DÁTE . --.............-.... --......---.....-- " . . .....-... ,.. DEP RTMENT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TOTHE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/28/06 1. INVOICE DATE (IF NEW PURCHASE) ["'-'-' ..,..,. . _........ ....--., ".. "-.' ~""'-~'. _.....---. .__. --. ....- - .. ...._-. ._._- no ..._·........u. ......._...,..._.. 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) I~-=~==,-~=,~===~~~-~~~~-~.:::,~'~-=~-~~::~='~:~.'~.'" :.:.::,~~.._:.,::~:: :,::.'.:~.'~'::':':~....'.,...:.'-':':':..'-::' ::::.:':...'.:::_ ":::':::'::~.~"_:=,':-===:::::.~] 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # r-'-------·--'-'----..·--'·-..-·....·-..·......· ,---....-..---, -..------....-----,-."---,..-,..-. .... ....".. -... ' , , ......-, ... ...... ..-- ..,-.... ¡St. Lucie County Solid Waste Department, 6120 Glades Cutoff Road, Ft. Pierce, FL L.,.._ ..._..,__.__..__..._.._. ..._h_'_____..'_..' __,.......,_..._.._._____..__.......,.._....__ _.._.. ,...._..,.. .. .. ...., ,..__.. _ ...._ ,_, ._..,_,._ _. ...."......__'..... 1'-..'....'-·-....--..--..-'..' ......-,---..---...--..-..--..........., ....--. -..-.. .,.., ,..-..,---.--.. 4. LOCATION CODE PWLAND I.., _ .. ..__ ..___,............_,_ h'" _.._...._..___ ._.__.._._...._... 5. PR 0 P E RTY RE CO R D # ¡~~~OË53~_~...'~....:_.~:..·_~_:,~:,~~':".·,'~:::_ .:::":.~.::~,._:'_-,::_'_'~~.',._,:,:::=-_~-,~..-=_,._::::.: ,::'~...:-,:'.'.,~:_-,:~__':::.,: .:.J o NO (!) [~~..~..~~:-~'~~..:~~:_~~:-~~~~:J TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 0 NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC,) ['---..-.....------'..-..--.---' ..."-...-..-,-.......-....-,-.-,-..--..,......- ,-.........-..-.......-,--. ., ..,.... ---'---'''- ...- ,.. --- -..,.....-......, !2001 L.._,.._.._.._..__....... _ , ...., __ .,.__....... ._n ..............____ . .--...--.....-."'-.. _ _._._. "¥ ._... .. _ ¥'_"__'_." ..."___.u... - ~......--......- 9. MAKE G~h~-De~~~'·'·"-·'-" --.--,,- ......,...,..,-..-, i___n__._____.__.____ __.. __ _____ ~ .. ... ...._..._.._...._........_......... 8. DESCRIPTION OF PROPERTY 1_.._____..._...... ,_'._,__..,__..__.__h' . -"'-"- ..--........-, '-.--'- .-.,..-,. --. -.. .-....,... ............ ....__n'_.. ., ........__....__·..n. 'n .....,-.............-.____.._.._...._...._,_. .., I~~~:~- .__..'___"......__",,'..,..,_...._...,_...'_,..._,__,_... ,.,.......,__...... .,__"_,.,,. ...,._ ,.. ...._ ,........._,_"..' .,. ",... ..E.f)...-----G§._..-..,oj . . . . ... ..~---;=--~;=;~~:§~:~~=~ 2~ ____.. _____...., ....,.,.,..__,"..___ .."..... . . .,_,___., ".,'h_.___._.._____..._..,..i~,...~____ç~__,__'"_J C') ... p -... - ..........,. 10. MODEL NUMBER 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ,____'_'___,..,..... ,_...h........... _.... ..,.,., ........___.._..._,...._.._.._ _.._...._...........'..'.h.." '.. ". ........._ ..,.. ,__...__..,_._.. _ _,____. ___.._,.... __......... ,Sale at Auction. 1..____,-- ......_, _,_...___.. ...:;': .. ,.. __.. ____.._, ..___.. .. ,.,... ',_m, ..,.,__.~-~-.~.~~..~,~j f~~~} ~~; ~ L::..:·; --< .¡::: -~~I ."'<J" f.... -,.-.... --..-..,.... ,.-...,...--...... - ,'......... - .-......- -----. ..--.. ,.--.... 11. SERIAL NUMBER ,MOF935X18503 1..__,..,......._"_______..__,___.._......,......__..__...._.. .._....,..,..., ._ _... . -~. ..... ".. ..-..-...--. - .-.. ... .. -... . "T~-..'-..n-. ~ 0&) ATE ...... ..._"".._.~ .-_.~"- . DEPART THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TOTHE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. 8. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/28/06 1. INVOICE DATE (IF NEW PURCHASE) ¡.- L.__...,.... . ._........__. ........ __. . .......". ...... ." .,."'.. .'_A'· _ ..... .._._....._ _ .._. '_'_'_.._ .._h"_.._". . . -.' - .-". ....-. --.'" ...-......---.-...- -.-"-.,..-. --. -,..-........ -~--_._....._. ._. .._ __'. ,___ '_'h _ ~._,_·.h. ..___.__ "_'U'." ". _ I . ",¡ 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) [===~~~~,~~-~~~~:=~:~..-~:=~~~-~:~:::'.~'~~-~~.~,::..~'~-:~::-:~..-_:~,~~::,:,:,:.:'~:::=.::,' :,'...,,'--.:..,::.,',._'_.... .--"...... . .,. .. _.. _.. ...-",-,..._-, .._, -,.-.-.-,-..,.. 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # c-··--·--'-'---·,--------,·,-'--·,·--,··---' ..,..---.--.-.......".,.,-,-.-.---,..,--.,.......-.-,-...,... ,..--,...- ... ¡St. Lucie County Solid Waste Department, 6120 Glades Cutoff Road, Ft. Pierce, FL I L______,_._ ______.~_. _,_ _,_._,..,...__..._,. ,_., .,___._.. __..._.. ,.... ......, ...., .,..____,_.._'.._'.. ., ...,. ..--,.., .- .,.-, .....-.-"-.....--. .., ,----., .... 4. LOCATION CODE rp'~ç~~!.L·'.-:_-":.:::~='::~: " .".~.'-.'.-=',-'~~-'- .,. ..:'.:, ,.....:'..'.__.".:~'.'.....:._::..-...'_=-.-_:===~.~':':...:::,.,.:] ¡---..--.........-...-'-......'....'..--......'...-- ,.,....., ....,... ." .,.,-....,.. '.' ....-" .'.-. ,.,.,-,-_..-..... , 5. PROPERTY RECORD # '50-0713 l_..,__,_,.,_.___,_,._...,.,.,__....___._....___.......... ,...,__._,_ ...,... ,.. .. _,.. ..,._.._........'''.,..._. TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME (!) ,---- ,.---.---..- -..-.-----...-......-, . ' I : , .-,...-..-..,....-,.....-,.....-..,.., "".'....""" .,./ 6. DISPOSING OF YES (!) NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC.) r"--.---. -,-,---.,...,---..--..---.---.,.--..,.,.-,..-......"..-,..-.-.---,--..,.---.'''.,-.- ..,-..--.-.- _....,- ,.. ,.,.,., .m" .'.-'.' ..--.. '---.-....--'----¡;:;;;,)'-'-'-'-.--¡ :2002 (f) Ë3 -0 ,...,.,_........_,._.,..... .....,.._... .,. . .u_. _............._.._ .... ,.., ....,.,____ ..... ,......_ _...__ ,._._......._ ...._,'._.., .._".._, ,.., .__. .___"..._...".__... _,~~.. ,..,..~; ..,_'__.~.J 8. DESCRIPTION OF PROPERTY ~ i 'I ; ') "". 9. ~~;~~~~~~~~~ii~~~~t~~e~-~-0:-:-:;:::-~--~~-~:-~~:-==~-!~~]~_-~ ·......ø.. . , 10. MO D EL N U M BE R [~"~-~'==_~=:~~._.,,~~'-~=.~~=_~~,~.~,~,..".~~'~'~:~'~'..-:~..:'.,:" ,:-:':-~.',-..',..-~,::,',.~_:...~'.,~~~'::~.,:'-':. ~:3=::~.:~.~=.7-~~1 . ...0 [".__..'_..'_'........ ....... .,., _....._.__. . _.., ,.", ..,.., ..,_.,. ..'m..'... ..,.,._._,._, ,. ,..._ ...,...,.,...,...._.,.......,_...,....,___,." 11. SERIAL NUM BER ,SHZBF19201 LK l_,__...__..,_.,..,.... ,._ ._.._,_....,...,_,__......, .,..... .. ".., . ..,...,.__.,.. ,... ,..., n......_'...'_ ..,...., . . "h"._ ..., ........._, _,..... ,.,...,.....'....,.. .__.,..._.......,_.._._j 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ~ï; at'Ã~cti~~:-'.._---'--'_·,_.._....-' -_.,_.-,.- ,-.. ,-..' -,-......."...,.-,-,.,..... ,-.....-,..,.,..'.,.', ,..,,'.,...---.. - -.,--..----, . ..-,' u.._..__._, ......'.... .'.-¡ "..,.-.."....,-,--., ..u____... ......./dg'l¿'...---. ~ DAtE DEPART THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. .INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/28/06 1. INVOICE DATE (IF NEW PURCHASE) r"'---'" I ". .... .-.- ...~-- -- -.-- -.-- ..._'.... -"-_.-.-.....__.,....~.. -... ,. -- ".- ..~. ...-~.. ..- . . 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) [~=~===~~~~,=--~'~~~~.~:..~.~'=~..~~=~..-:~~.:'~:- ~::.'~:' ~:~:.-~,-',~'-~:.:'::.~,--":'.:'::,:._:...,.:- _. .'.:..:......','...:.:.'..',.'.-~.':,.~.~..,:~-".'.~::,_.::.._.~,::~::==:~--:] 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # r'..-----.-'..-.·.....'--'--·---..-.'-' ..---,.....-..'-,-,- ...----..,----.----.,--,- --,-.-.- .',.-,.-._-, .....--.,---,- ,...' -,...,-.." ....'.-'... ,.-..,. .,--..-. ....' -" -..... ---'.....--...---..........., 1St. Lucie County Solid Waste Department, 6120 Glades Cutoff Road, Ft. Pierce, FL I L__,__._,_,._,_.._,_,...._,.._.,__...__,.._, ...,_..._,........_,_,....___.______,_,.....,..__,.._,___,__._____,.._,_ ._,...,_.....,._,_, .....___.,... -_...., _..__.,..,__.. ,___,.. ,.-.. ,...,.._ ' '....,. _ -..,........, __,_,.._....___..,___ _.J r-··-...... ....-.--.-,.- -,.., , ---...-. ,.... ...-.,-..,...,..--..,-....,...-- ..-..-,..-' .. . ... .,--.,-.-- ...... -- ,.---- -.."...-., ....-..,- .-...,. ."'-'-'''''''''' .. 4. LOCATION CODE !~~~~..~,_...., ...' ,.........._....,. _.. '..... .".'_'.. 5. PR 0 P ERTY RECORD # :~~~!~?,~..~.-'...~,~.'...~,..,~::,~,.~:..~~-_=~::~..:_'...,....:...~..'::.._.._'_. :_... . ._.._ '~,.....:~".......:'..,:::,:=,_.~=..':~..__.:.:._...::::=:=~-~] TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO (!) r--""-----""-' -'-----...--, IF YES, DEPARTMENT NAME ' L.,,_.,.._,..,...__.__,.__,.._....J 6. DISPOSING OF YES 0 NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDrrRADED, ETC.) rI~~~,,_~-:".::'::~=~=::=~=:::~.-'·:'~~-.-''''''.,.·~-::~.:...=...::~..::==-::.,==.:..",:.=~-"..:"".,_. ~':'::':-:":."".=:-:='-:':_-~,'-:':::=:":~:.""'".:''-,'''''.~=..=._] 8. DESCRIPTION OF PROPERTY ".---------'---'-'---..,--,..--- -_.....--.- ,- .-,., .-...-..,-....--.... ..,-.. ..,...-.--".- -, .....' ....,. ... -... ..,-.--. .......- ,.. ..-,..--..,.--.., ...-.,--.,-..., .""- ......,.,--...,.,..----,.--..--- '''I ¡Motor Grader ; ,_......._,...,....,__, ""._,...... _.,.._..............._.. _.._,,__..,.. ..,...,. ...,., ...........,._..,'_..._,h'_. _,.....,..,.., ,_ .., ..,... "..h_ '....... .·__.._....___n__......_...,__,._....._......·__....._,_,__._·.. ....1 9. MAKE rª~!;!~iÏ'~~'~·....~':~:,:-,::'·~'_':..~ .,..:...::_....,...-..,:=.:,'-..-:-.-...'...,~...:.::..... .::"_:=,,:... :::..:: ,_ _:.::...... ,::',... .:::..:..::...'~..=...,:~:_:..,'_~.....,~,:_,:~:_:':.:-::.:~J 10. MOD E L N UMBER [i¡o~~.',:-.',::"._...:..:_~=-...:._:~~=...:~.':,'·,,:':·,:':'::.'~'-,:- .::.::.,"..~:.:. .,::..::,.:-...,',:._:,'-.-=_-:..=::-.::=-:~==::==] 11. SERIAL NUMBER r33Z1~~L:..,::~,-.:-_'...-=-.=..::.·,'.-.::,:·.... ,..'......'.:-,.-:::...-':_..,' ..'" .,.. ':-.-. ',~:_,:._h:, :".:_=~-==-'.:,::~::=] 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) I.s_aie ~,~~~~t~~~-':.,.-,," ." .':,.'..~-"_...:..'.::.._':.,...:.:'-..-.----:'--'.'.:.._'._,..:",...",-:.'.'-.. -,..'::"',-.'. '::..,,:..., . ,,- ...., ,-......,----....-. _..- ,..,.....-,..-.._-,. '·1-/' '.-..j"..-.---..--..' 9/d~Ç; DEPARTME ' D TE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, A IT ACH TO THE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/28/06 . __." >0 ....._ H~""_ ... .......,...,...,.........,..... ,.....-..-,.-..-. ..... "·1 ...... __,...., .,....._ _.." .... ..., ... _.".,....._ __,......1 1. INVOICE DATE (IF NEW PURCHASE) --~ .-.-.-._.,'.~-'. 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) [..~ -=~~=,..~=.~.~'~-~='~...~._~~~~.. ~~,... -'.~~~,"'~~~=.,~',_.._-~--:~~..,.,.._-.:~~':.::~..'_..~.,::~:.':.~" ....~,.. '-...-~. ::~~'.'-'::'., ...~.:-,...,::..-=..::.'~:_-:._~.::'_.:-,._~.....":~.-....~:.. ,~..,] 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # c----'---·-----'-.--·--,..--------'------'-'---'---·,-'--..,-.......,-.. ,.,-.-,..--.' ,.... ".,,- - '. ..-.. ...,.... ....., .,.,-...-,... ..- -.. ,.. -.-. -,. .--.,..-.-.-.-,...,.-. '.., ¡St. Lucie County Solid Waste Department, 6120 Glades Cutoff Road, Ft. Pierce, FL ! _______.,_,_._...._,__'_.._____..___'__.' ,__,. _._,..,_,_.,... ._...,__,___ ,._..,. '., ,_. ._. ,....._ _._ _,......_.._,.__. ...,._,..._ .,.,_ ,.,. _._ ...._....., ....._...,... __.._._..__,., ,_,__., __,I c'---'-----'-·-·--'··..·-..·'·-· ,...,.--.' .'-'.-. ..,..-,-. .- ,...-....,.-..-.. .-,.., ..,..-.-.,-, ,......-.-., ......... ---.. .-". .--, -,. ,.,..-,-.-,....,.--,...-,.. 4. LOCATION CODE ,PWLAND I J...,_._..____..._.. __.._,_........,__,... .....,., ._,........ . -.,.- ,., -.. .....,. ...., ,....,. ....,.,-,......, ,._,.,..........,..., ,..........,....-....-.---,...,...! 5. PROP ERTY RE CO R D # [~~~~~i~~~.~.=:::·...,~-:,:-·:_._~..~·...·,:~~.·..,'~.~ ':.~..:'.,' :.:.:.,:' ~'...~:.:_'_-~-::.':.-=..,..: ..=,.:~,,::'_'::::.,~',':::.:::::_:~_=::==::] TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO (!) [~-~:..~_~:'~'=':~_:...~~~=::~::~~] IF YES, DEPARTMENT NAME 6. DISPOSING OF YES (!) NO 0 7. YE~~ Aº,9YJ~~!?.Q.F.:.!.~~~~£~~.~~!?~~~~~~~I?~~~_I:?§~,.,§!£.L --...,-,-.,.,.".,.-..--..-...,-,-.-,-,-,---.,E:F).--EL--,...=o~ 11992 :-1 c.. ç= 1__.__.___,_.._... ... ... _..,. .. ...,._.". ,., .._, , m"."_ ,..,_..,....,..._u..,....,_." _._ .,........,___,_,.... ...._,.___,_,.......,..,_....".,__,_..,__,..__.,_......,.. ...--,.._..,_.c/L___J~ ,_.- r'" 'n .J ¡J 8. DESCRIPTION OF PROPERTY ;:~:) -0 ~;-~~ þ~ ¡HYdr~~~~~~~~~~~~;;;;~;~=;;~-==;=~:=_=;:==::~:=-:~-~;~~~~_:~;_~;~~:;;::~,¡$ 9. MAKE Caterpillar è~~~: ---'~li ',.' 10. MODEL '~~;¡~~~·¡i~L~:~=~~:~~~_-:::::-:~-~-::~~:~--_:::::::~~=~~~~:¥ 11 . S E RIAL N U M BE R ¡:~~~~6..~-.~~.~...:~~==:.:.·~....::~:~..~,~.·.·_ ,'.._,=:,~.:':,,:..::~::::..'...._-.._' .,.....,_.....,:,.._......_...: ._'_ ,__..,..,'_:,:"::.._..._:. .:_'__~=: .'_".".:..~] 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC,) r---------·,·,--·-----'---·-..·-,..·..·..,-'--'---'-------·.-..-.-- .,..--,.-, ..,-,..,..,.-..---..'..-,..,- .....--.--.-,.-....-.".., ..--,-.'-..-,.----. ---·'''''-·1 ¡Sale at Auction. I _.--,---.,-,.---,..,., -. .-. .-..--.-.....-...-..--...,.--., .......... ,-.,...-.., ...-.m... .... ...,. ..,..-...,.".·."~··i .. .....,...'...... .,p.... -......,. .....-.---.--.,.-,---.. · ~~9~ (0 DEPARTME HEAD OR AUTHORIZED PERSON GATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTI DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/28/06 1. INVOICE DATE (IF NEW PURCHASE) .... ___.__"__, .~~.. ^ .." ....... _0-.. . .~... _... _. __.._..._ ._ ._~_ ,~_.._, _..' ..._"._.." _u_·· ...._d...-_· __.___ 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) [~~~~~~~'==-~,~~-~-~~'~~~~:~:~:~~,-~~~:.~ ~:.~==.--~'-,=~,.:,~..'...:"--~'~:,,"..:':,.~,...:~~::':'.:~.::,,',:_. ,':-.-,.:, ,:.'..:..:...::--~~..':.=::_':::::_.'.:=.,.,==::',=,,:~.-.':=] 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # r:--:--,.,--'--........ --- ___."m_._ ,..---'--..-'-------..-'.-.-' -.----... -..."..,- ...-...., ,... -..,......-...- .. .--..-..,.. .. '.,.....,....--,_.,.,..,...,..,...., ,,-..'.,-. "'-"-··1 ¡St. Lucie County Solid Waste Department, 6120 Glades Cutoff Road, Ft. Pierce, FL I _..,__,_._._. ._,.___,__._ __....___.'.'_,._.. ""_'__""_"" .._ "_.._,.,,,,,. ....,...,..,.,.,_,_,_...... ._.. .._.., _._".... _....... ..,.,_._,..._,._.,._..,.._,._,.___,_,__....,... _._,,_____,_,__..._.J 4. L OCA T ION COD E r~iN.~~~~~~:::'_.·._:,=:'=~:::'··.-..:,.-_,.·.:~.·::~-..:.".,:...:-: ::::,.',::.:... ...,..., .:: "-.~,....:,..:...'_...-..~._:.-=:_::._.., ~.... -.:.:....,..~~=~..:.-,~-..] 5. PROPERTY RECORD # rs-õ~õo1'1----_..,-,....,··· ......--.-,'.,.,..-.....,.. -..-..."--. ,.".....----- '---''''--'-'''--'--'--'-'-''·'-'1 L_,_........_..__....,_....,.......... ,. '._..._'_'.'._. ",_" ,... ,...,..."......,. .., .,.,.,." _.' ,.....,._..,_,.,.,_,_..' ....._.,..__.,.....,.,__.._..." _____J TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ '1 ì IF YES, DEPARTMENT NAME ". .m..__~ ..__.__~_~__.___...___ .... '-'_'_'_ .._.____~ f 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC.) f..~9.~~.~,·=,--~.·~ ~=~:.~:'~~..:-=,-..-~-_--~,:.~-=:'~~=.-=:'~.,.. : ..~.:::'~-~..~=~~-_.=~~~:~~':~:'~_'.-..,.~:':"_. :..~~:.= "~~:_"", :.:.,:-:~"~,=__-:=':=-~~~:.-.._~] 8. DESCRIPTION OF PROPERTY ~ r'-.-'------'..--...'.'.'-----...--..·'...-··.-·' ..-..,..-.......,, ,...-, ,.-.-..,.. .. .....-' --.,-....,-,.. ,-...,'- ,..... "....,..."....,-..,. .-, ....,-,... .."...-.. -.. ...._,.,~-.,--...S---.,--:::Q- :---" I;:"'" c: I' ¡_~~~kh~:~~~_~~~~~!.,___.,... ,_..,__.. .._."... ,.. "_' ... -..,','~':=~:~~:~-=::~~~:--=:~...~~~:--'-..: .:-,~ :--~--::.:: ,.... -, ... ,...., , ,... ,..-,~-..-.::,.,~:",.:=-.',:~.:::f-~~~=:=~J~:-,:: ~5:~J 9. MAKE ¡Caterpillar ~:.;' N ::~::~ 1:~"í~1 10. MODEL ~~~~;L~ïf~:~:~=~:~-::=~~:-·-·-- ·-·--~_-~-...·..-·::-.~~~g---::~-~:~i~ 11. SERIAL NUMBER :~~X~9~~~? ,_.'.:".,....":,-..:,' :::',:.,: ,',.~_:.,_:,:_.. .::,',' ,... :',..,...,..: _., .-..-,---::'.:~-..-:.:..,,:','~.::.':.,~:,-.='-i~ -.0 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC,) r:-----'-.,-------' ,-------,..-.,--...-..,..,-.-,...,--.....,-.,.'.-- ....... ",-. .......,...- ,....-...,.. ....., ... ...'_··n.. _h. -.".- ,.,....-.,. ...,.,..... ....-,..-,..,--.--.-...,....,---...,-,._.. :Sale at Auction. L__,_.,...., _.__..,.._..._. ,. ..._..,...._.,......,..., ....,.... . -...."......,.,.. ,..."--. ,....,.-....'-.' ---...... .-..... . -. -9/iBlo¿ _. DATE DEPART THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT,ATTACHTOTHE. .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 10/19/06 1. INVOICE DATE (IF NEW PURCHASE) I 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) I 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 1St. Lucie County Road & Bridge Division, BOCC. (0 :--! t'o.' £3 c" ç:;:~ ç"') : I -01 ~~,.J -.:..'.;: ~-~:x~ -.., .'-::.._'::: . ¡ : i 4. LOCATION CODE PW Road 5. PROPERTY RECORD # /40-4512 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @/ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 I;~= ..'~ ..') !'~"; .-,j c::> 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 11994 8. DESCRIPTION OF PROPERTY ¡Motor Grader 9. MAKE ICAT 10. MODEL NUMBER 120G 11. SERIAL NUMBER 87V09822 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Surplus r' (_.._~ .....-.-. , --'--;.0. / ::..-:::¡ .~ " :1 " ::;~~ """ - .. ~';~I .."J ..r:::: , ¡ --I I I I / THIS FORM IS TO BE USED FOR A CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WH EN PURCHASING AN ITEM, FILL THIS FORM OUT, A IT ACH TO THE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS , INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. ' IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/26/06 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) I 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Road & Bridge Division, BOCC. -, I I I 4. LOCATION CODE PW Road 5. PROPERTY RECORD # 140-3268 TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME o NO 6. DISPOSING OF YES @ NO @I o 7. YEAR ACQUIRED (IFTRANSFERRED/DONATEDITRADED, ETC.) 11996 8. DESCRIPTION OF PROPERTY Gradall Hydraulic Excavator 9. MAKE IGradall 10. MODEL NUMBER G3WD 11.SERIAL NUMBER 10139344 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Surplus C/) Š ~ ~ ~-,l ~=ë~' ~ 5'~ 2~ ß ; ,"~~~ r:::-:~' J .. f---f. 7" C~~ ._...~ -<ì .....;.. \1, I _ -0 -I . D PERSON 912~{~E(P THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT,ATTACHTOTHE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 10/2/06 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Road & Bridge Division, SOCC. 4. LOCATION CODE PW Road 5. PROPERTY RECORD # /40-6316 I TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO 01 ~ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDITRADED, ETC.) 12002 8. DESCRIPTION OF PROPERTY r-'! Thermoplastic Handliner Prem , ;:-J ,;:r", 9. MAKE IS.T.E. 10. MODEL NUMBER IHBM-2T 11.SERIAL NUMBER 11348 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ~ D PARTMENT H:?o ~Aù~Ö~~D PERSON \(:)\d--. \~ ~ (:; è~~ --I ~':; ~! ~ ~ ~ --"'-.., ~ 0-- è -n '~.=~i :..0.011 ',~~: \2~, . '! i: ,) :-;'1 cS)~ I I THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODA Y'S DATE 9/29/06 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Road & Bridge Division, SOCC. 4. LOCATION CODE IpW Road I 5. PROPERTY RECORD # 140-6227 I TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @/ I IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDrrRADED, ETC.) 12002 8. DESCRIPTION OF PROPERTY 'Hand Roller 9. MAKE 13M 10. MODEL NUMBER 148" HSRA 11.SERIAL NUMBER 10208-2251 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Surplus r--,) ¡;3 ~...:~... CD ; I f:-= \, .., (:;:) ç"'~~ -0 ,- '--.. ~o:,< I ,.,~..:.--: ;-~:' .,:::~ ..-: :'.,: '·:l~l I ¡ ¡ u) '. . ~1 ,.,...;·1,.. :..,1: : ; (~.. RIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODA Y'S DATE 10/6/06 1. INVOICE DATE (IF NEW PURCHASE) I 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) I 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Road & Bridge Division, BOCC. I 6. DISPOSING OF @ NO @I o Cf) :-,,·,1 ~J t3 (~ I I I 4. LOCATION CODE PW Road 5. PROPERTY RECORD # /40-2319 TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME o NO YES C':") Ç') -0 ,-- '-.-.-.- :.":.rJ ....-., 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC.) /1993 8. DESCRIPTION OF PROPERTY IWheel Loader 9. MAKE IJohn Deere 10. MODEL NUMBER 1644G 11. SERIAL NUMBER 1540994 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Surplus ! ...,,~~). :::? "....:.."t,.. ..-._~~. ~~ _._--'~ -<:: ~ .. . THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT,ATTACHTOTHE. .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/5/06 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # r--.,------- ,.,-----,-------.,...........-,-.--,.----.--.----- , .. ,.!parks and Recreation, Recreation . --I' Lawnwood Baseball Complex I I i._,___,___,_,...,...."._._,..__.,_,__,_.._..............,._...._._,_....___,....__,...._.___"."__.,....,_______,_,__....__,___.._____,__J 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME o NO o o 6. DISPOSING OF YES @ NO 7. YEAR ACQUIRED 1997 8. DESCRIPTION OF PROPERTY Trailer 9. MAKE Products, Inc. 10.MODEL NUMBER 11. SERIAL NUMBER 629V1175007 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ~Ai-=1~===~::===--=:=:==:==-~::===-~==~;S~~~-- ===J DEPARTMENT ~R A~ORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING, INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 8/24/06 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 224-56400-100 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ---..--..---.-----------.-.------- 'MEDIA RELATION, COUNTY ADMIN. I ¡_._._._._-~-~ ..-----"'---.-., ---_.,--,..._..,--,---_......,....,", ..., I I __________.____J 4. LOCATION CODE 5. PROPERTY RECORD # WS#972574 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO (!) IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. Y~..ð~~º9_'=!JRED (IF TRANSFERRED/DONATEDfTRADED, ETC.) i2002 L__.__~_ 1-- ' 9. MAKE l,9u_~TOM - THE COMPUTER STATION 10. MODEL NUMBER l.N/A 11. SERIAL NUMBER rN/A - L..__,~_,___,__.. __J ~ en E3 -0 :-I ~ C r- ::> '--'::0-" ~~~~~-f~?Fi ~ ~/VJ1'-:fl~;' ~ ~g3 - -~- ~~ '.::1"" .. ~ j:=0Ji 8. DESCRIPTION OF PROPERTY ¡-.,.---...--.--.--.-- 190MPUTER -, 12."~ETt!º-º 0f_DIS~OSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ,.---'-----_.'----'1 [i"GI~~,~G, _~~_T-O"-I.~.. USE AS PARTS. OR JUNK. Î DEPA~~~EA~J~~PERSON ~ ~-------~ THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODA Y'S DATE 8/24/06 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 224-56400-100 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # I'MEDIARELATJO-Ñ-:GOUNTY ADMIN. ! ¡ L__~_._._____.__________ ~-=J 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES (!) NO 0 7. YEARJ~º..9~IRED (IF TRANSFERRED/DONATED/TRADED, ETC.) ~002 8. DESCRIPTION OF PROPERTY [~~~~~~ER___,.. 1-----'..-·.., -....---.....-..,-,- 9. MAKE ¡ DELL _____...1 ._. ,·__·..·____·.·__·__·v.~"'~__y__·~____·_______·~____ r--,) en E3 -0 ~ ~ §5J \_- C"?.. ~ _'.J '-'--=--==-=~__,E~~~-=~~~~~:;~~g '·'-~f- ?Æ --,:!:; f~1 ==r.'-. .-.-.....-.-H.+] -<,___:: .. ~~L 10.MODEL NUMBER rOELL" 11. SERIAL NUMBER I DELL 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC,) 19~VING YE OLT. TO SE AS PARTS O:::~ON V ~iF--=J THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/20/06 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) fõõ1~11 0-5512Õ<>-7~-·'----'-··'--·-·--'-·--·--_·_---·---·--·-·"-___.w.~.,____..______ -] 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # --_.._,- ------...--.....- , j Library 7110, Ft. Pierce Branch 4. LOCATION CODE LSLlB1 5. PROPERTY RECORD # ~. 'lVd.OICf TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDrrRADED, ETC.) /1991 8. DESCRIPTION OF PROPERTY ¡xerox Fax Machine ~ o ..c:: J ;;] c: ::0 0::0 ~:].. rYI ?~~ ò3 '.~~~ r~!J ['f; ! v -1 @I CD :=-1 r- o C . . . ~~;l¡ C) ,. ~ -j -.... N ~ 6. DISPOSING OF YES @ NO (,,"> l'T1 -;::¡ tV ~ 9. MAKE Xerox 10.MODEL NUMBER ""-- 11. SERIAL NUMBER 86 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC,) ~ ,.--.--,-----------.---.. JUNK ~l~a,~ r¿.l)tnÆ/J DEPÂRTMENT HEAD OR AUTHORIZED PERSON --~ q/J,O/O& DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORMOUT,ATTACHTOTHE, .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. PROP.OF ST.LUCIE CO. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION . 1111""111"1111111111111111111111111 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODA Y'S DATE 9/6/06 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Growth Management -- Planning Division -~~,-^~"''''''''''''' --...,,,.~ PROP. OF ST. LUCIE CO. Ilililllll ~ 484831 ......_~.~......._~-,,-,~>''!. I I I ~ .-.J ~-,,~~^~"~,~~".... ....~~~'^"'........_' 4. LOCATION CODE LAN 5. PROPERTY RECORD # ~',~,,- #555 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDrrRADED, ETC.) 11997_____,_____._.,____________ 8. DESCRIPTION OF PROPERTY Color Laserjet Printer "1 __,___J 9. MAKE Packard 10. MODEL NUMBER 11. SERIAL NUMBER 12.METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. , ---------. --- - .Junk - broken ~ --------------------~~------------ DEPARTMENT HEAD OR AUTHORIZED PERSON ------~~~~------ DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION 6, 7. 8, 9. 10. 11. 12. 13. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT O:F ACOUISITION/DISPOSITIQN OR TRANSFER OF PROPERTY 9b'l~w TODAY'S DATE 1. INVOICE DATE (IF NEW PURCHASE) ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) , GOVERNMENT NAMli, Dr'VISION, BUILDING AND ROOM # 2. 3, 4. ~J) f?jCì~ -If¿/03973 PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING TO (IF r--,) c.r:¡ S :--t c~ r- g f:~~~; -~ LOCATION CODE 5. TRANSFERRlNG OR DISPOSING OF) ¡";'; "'~ ...) C.··~;· ~?' ,.----.. ::::.-:;-;: .......- - ~l .. -< ./ PROP. OF 81. LUC I E CO. 00'; I [>' { III~IIU~~I I;: " / 483973 :::::::OSAL QF DISPOSING è~LUS' SOLD, TRADED, :TC YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) DESCRlPTION OF PROPERTY ,l 0/ ~ MAKE' MODEL NUMBER ~.!R _'-.~ (DEPAR1MENTHEAD OR AUTHORlZED PERSON) I I r'V ¡-'¡-ì -'0 _...J , i i rd TIllS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCIlASED, DISPOSED OF OR TRANSI?ERRED FROM ONE DEPARTMENT TO ANOTHER A. WHEN PURCHASING AN ITEM, FILL THIS FO~ OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COpy OF P .0, AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). TIns INFORMA TION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS, B, IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 10/18/06 1. INVOICE DATE (IF NEW PURCHASE) 111/12/02 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 1001-2920-564000-200 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # tUbliC Safety - Marina Safety 4. LOCATION CODE LSMRSF 5. PROPERTY RECORD # /40-6314 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME G:? . I f....." ~ ,:;>... co"? :; '0 ;~ -;.:;.,. §/ .'..) -r .~..... .,... . ...' .:-: !..- :,:,.-..; ",_, . \ I ."j ,-~I~ r- ( ; , YES (!) NO @I o c . .,-"'::... 6. DISPOSI NG OF ....,..-... 2 -! -< --'-1 - .. V1 V1 7. YEAR ACQUIRED (IF TRANSFERREDIDONATED/TRADED, ETC.) /2002 8. DESCRIPTION OF PROPERTY IAII Terrain Vehicle 9. MAKE ¡polaris 10. MODEL NUMBER 11. SERIAL NUMBER 4XACH50A23B7 (jþ~:::O~D OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ti.fR~~EN~ HE~D ~t::rrHORIZED PERSON I C, ) ~~;E'l<' THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO , PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ~ ITEM NO. C.5"C- DATE: 12/05/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Purchasing Director SUBJECT: Fixed Asset Inventory-Property Record Removal BACKGROUND: Please see the attached Property Disposition forms from the St. Lucie County Clerk of Courts with regard to removal of inventory items. These items will be disposed of as surplus. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. COMMISSION ACTION: [}d APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do nderson County Administrator Coordination/Signatures County Attorney: ( X) .?~ ~ OS'M Originating Dept: Finance: (Check for Copy only, if Applicable) Mgt. & Budget: Other: Purchasing Dir,: (X) ~. Other: BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Neil Appel, Director MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: December 05, 2006 Re: Fixed Asset Inventory-Property Record Removal ******************************************************************************************************** Per Section 18.4 of the Purchasing Manual, Staff is requesting permission to remove the fixed assets as listed on the attached Property Disposition Forms from the S1. Lucie County Clerk of Courts. The items will be disposed of as surplus. --" " ..I ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACOUISITION/DISPOSITION OF TRANSFER PROPERTY / .! 10/12/06 TODAY'S DATE: 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. ,GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of~ourt3 ",~, 218 S. 2nd Street. Domestic Violence ¡- c-·- r:~:) co') "-1 =0 c:: ~~';? ::-::. -~~' ..-. .. 4. LOCATION CODE: ~CC1ez' f-C-/ D'1.ß '...J C' "'rJ ::i~ 5. PROPERlY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSI~~ OF.)~ .c¡ t>.Y:?1 -'~ ~ 6. YEAR ACQUIRED (IF TRANSFERREDjDONATEDrrRADED, ETC.) 1998 7. DESCRIPTION OF PROPERlY: Copier 8. MAKE: Savin 9. MODEL NUMBER: 9035DL 10. SERIAL NUMBER: 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): Junk (OEPAR~lRlZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMmO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. PROP. OF ST. LUCIE CO. "~~II~I~II 4B3824 / , ..I ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACOUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: 10/16/06 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: 1'-0..) Cf) r;~~3 St Lucie County Clerk öf:Coun:- I=·~--"- T~j ....-.. -0 r-';" :,) .... . ~, 4. LOCATION CODE: .-G€t09Ä {!.f2 fCAX .- .' '''',-'1 ., 0-.:____ 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING Of): ...... \.....J '-...J #404408 & # 404408A Warehouse ih Street 6. YEAR ACQUIRED (IF TRANSFERREDjDONATED{TRADED, ETC.) 1999 7. DESCRIPTION OF PROPERTY: Copier 8. MAKE: Savin 9. MODEL NUMBER: 9935DP 10. SERIAL NUMBER: 9870188 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): ~Jf' (DEP~lHORIZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMmo FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. , ~~ ~.~ ./ ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACOUISITION/DISPOSITION OF TRANSFER PROPERTY TO DAY'S DATE: 10/12/06 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: f 1""-.1 r'::::" St Lucie County Clerk 0 t>ourt? t:J ( '-'- 117 Atlantic Avenue, Felonly Division ro-" (;:-) :,':(} ç ~=~ ,.~; - ,. ....., ~ '- 4. LOCATION CODE: CC0306 ..~< ~::-_.- ............ :;!{~ 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPO~tÑG OB: " t....1 ¿/ /) Js-4 q .~ 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1997 7. DESCRIPTION OF PROPERTY: Fax Machine 8. MAKE: Ikon 9. MODEL NUMBER: CFX-L4000 10. SERIAL NUMBER: ULM72133 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): Junk (DEPAR~ORlZED PERSON) THIS EDRM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. ' A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMmo FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANI£QR.THE FIXED ASSET RECORDS. /I~ßC .. - . T· FERRING AN ITEM, ALL O~ ffiR:::. ::Ds:~ :~:~:~NoG' ,I !!!\II 1I111 11111 11111 11111 111111111 1111 483549 Office Solutions Equipment I.D'. # 0152 P ~~...,..,._.._- ...._~-_.._'......,... ~ .i ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACOUISITION/DISPOSITION OF TRANSFER PROPERTY TO DAY'S DATE: 10/10/06 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of Court 210 Depot D rive, Civil Department 4. LOCATION CODE: CC0103 S. PROPER1Y RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 403827 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1998 7. DESCRIPTION OF PROPERTY: CODier (}) :-1 C.::: 1'--) S c;:." o r.-~ -I TJ c ;~Fr:: .~ '~:: C') "-' ,-T-¡ . ~_. .-~;. 8. MAKE: Savin ~o#_._~. \... ...; 9. MODEL NUMBER: 903SDL (:': 10. SERIAL NUMBER: C':·.-' c) ....-.-.... \....--- :i ..J..'. ;. ?-- __.,1 ,.J 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): ------ I:Y ~:~~~:î -=~ Vl 0'" Junk (DEPARTME~ED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM( FILL OUT FORM AND SEND TO PURCHASING. PROP. OF ST. LUCIE CO. II~~III~~~I ~B3B27 \~ " ~". v- .I ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: 10/10/06 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of Court 210 Depot D rive, Probate Department 4. LOCATION CODE: -EE&W9-- C (:03 0] 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 403823 6. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC.) 1998 7. DESCRIPTION OF PROPERTY: Copier 8. MAKE: Savin ~ ã -0 0.. c E~ 0 =::::1 I.. Ç2 -I {'~"'I I , ,...-.... ¡ ,".'. -1""1 .,.""..," :::¡: (,-- ¿:..- ~t --I -< \.J1 N 9. MODEL NUMBER: 9035DL 10. SERIAL NUMBER: 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): Junk (DEPARTME~lD PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMmo FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. PROP. OF ST. LUCIE CO. II~I'~III~II 483823 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACOUISITION/DISPOSITION OF TRANSFER PROPERTY TO DAY'S DATE: 10/10/06 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: 218 S. 2nd Street Felony Div St Lucie County Clerk of Court r-.) (J) (:3 :--I c." 4. LOCATION CODE: CC0304 ¡-_.- r ( ._--. :::,;~ -..".: IJ C ::,CJ ...--~~., C~~} 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOS~NG OE:)] .,.'----- t;-9 ".. 404979 , =2 : ; t ·---C) 6. YEAR ACQUIRED (IF TRANSFERREDjDONATEDjTRADED, ETC.) 2001 7. DESCRIPTION OF PROPERTY: Copier 8. MAKE: Savin 9. MODEL NUMBER: 9965DP 10. SERIAL NUMBER: 2B40430028 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): Junk ~1 (DEPARTMENT HEAD OR AUTHORIZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. PROP. OF ST. LUCIE CO. 11111I1I11111111111111111111111111111111 484979 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACOUISITION/DISPOSITION OF TRANSFER PROPERTY TO DAY'S DATE: 10/10/06 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of Court 4118 Okeechobee Road, Recording Dept (f) :--'1 {= "', f3 !:::;"\~ -0 r- 4. LOCATION CODE: CC0109 J;,::') C'....) --I ¡-I c.) 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPO$~NG 01;): roo' ~ 403825 - - _._._~ 1':-:') , , , ....... .., 6. YEAR ACQUIRED (IF TRANSFERRED/DONATEDjTRADED, ETC.) 1998 7. DESCRIPTION OF PROPERTY: Copier 8. MAKE: Savin 9. MODEL NUMBER: 9035DL 10. SERIAL NUMBER: 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): Junk ~1 (DEPARTMENT HEAD OR AUTHORIZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMmO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. PROP.OF ST.LUCIE CO. IIII~I!I~~ 483825 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACOUISITION /DISPOSITION OF TRANSFER PROPERTY TO DAY'S DATE: 10/10/06 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: 117 Atlantic Ave, Felony Appeals ,...., St Lucie County Clerk o~ou~ ~"---= 2;1 -1 :32 ---),'.) ..~. .') ..----¡ 4. LOCATION CODE: CC0304 ,..-- 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPos1~G O~1: 403826 6. YEAR ACQUIRED (IF TRANSFERREDjDONATEDjTRADED, ETC.) 1998 7. DESCRIPTION OF PROPERTY: Copier 8. MAKE: Savin 9. MODEL NUMBER: 9035DL 10. SERIAL NUMBER: 2837810886 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): Junk ~r (DEPARTMENT HEAD OR AUTHORIZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED( DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMmo FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED( YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ._---- - .- PROP. OF ST. LUCIE CO. 1111111111111111111111111111111111111111 4B3826 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPQRT OF ACQUISITION/DISPOSITION QF TRANSFER PROPERTY TO DAY'S DATE: 10/10/06 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of Court 4118 Okeechobee Road, Family Relations C/) ___I , I~ 8 "';.~'" --c.] \. - :.-::''] .".~._; CC0102 F=--: ~ . .q~ ¿:~; ·'--1 4. LOCATION CODE: (::) 5. PROPER1Y RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DIsposiN.G OE)~ ~-::~ . -.' -:;::~d c..__.. .-..... , , 404911 .""'--"- r~y _.¡ -< ,") -_...::.[ 6. YEAR ACQUIRED (IF TRANSFERREDjDONATED[TRADED, ETC.) 2000 7. DESCRIPTION OF PROPERTY: Copier 8. MAKE: Savin 9. MODEL NUMBER: 9935DP 10. SERIAL NUMBER: 5206600302 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): Junk THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMmo FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. PROP.OF~T.LUCIE CO. 111I11I111111111111111111111111111111111 484911 ST.·LUCIE COUNTY PURCHASING, DEPAR,TMENT PROPERTY A UISI110N /DISPOSITION nRANSFER FORM TODAY'S DATE: \0 ¡ ( .9. \çJ 1. INYOICE DATE (if new purcJuue): 2. .. ACCOUNT NUMBER USED TO PURCHA.SE ITEM (if new purchlUe):~ , ~ ~ ~ GOYERNMENT NAME, DIVISION. BUILDING AND ROOM 1# (Tr~ft!17'Î1Jg1rom).":!, (:J~ €- ('- k.. ~. -ç- C-o.J F\- -- ~- \f\A.. c:x..\ \ ~ \ C"'\..\M, ,.,I -_ ~ LJAj ~=..:: LOCATIONCOD!!(depttransferred/ro'",): \. ~ Y. (] \ 0 '._-; -"-'{.~ 3. 4. 5. PROPERTY- RECORD ,# AND D~ T~SFERRING TO (if ti#j;sfelìlng o~: disposing oj): t,.\ tJ L-\ l.\ CSS--+ 40 Y4D 5 A- " ¡: ..,.; ~ , . It YEARACQUIRED (iftransferred/donated/trfllkt!, etc.): ( C\C\ ~ 7. COMMODITY CODE USED QN PURCHASE ORDER (ifnew p~rchase): 8. COMPLETÈ DES~ON OF C01Jl.M'ODITY:~_~ ç-' , ... ( 9. MAKE: '--) C( V i ~ 'l .. 10. MODEL NUMBER: ~ C\ ~s-çl ~ 11. 'sERiAL NUMBER: $ V S ~ \f\ 0 \o:f? .\-- 12. METHOD- OF DISPOSAL (if disposing of: junk, surplus, sold, traded, lost, etc.): -=ru. ~ \c.... . \-JL. \"£cv-~' . . (~EPARTMENT HEAD OR A. UTHO PÈRSON ONL1? THI! FORM /S TO BE USED FOR ALL CAPITOL EQUIPMENT Pt1RCHASED. DISPOSED OF OR TRANSFERRED FROM O/tfE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM. FILL THIS FORM OUT, A1'TACH TO THE "INVOICE" AND "RECElVING" COpy OF P.O. AND SUBMIT TO FINANCE FOR PA.YMENT. FINANCE WILL SEND ON TO PURCl1A.SlNG. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQr;ESTED, YOU'll. NEED TO CAU THE VENDOR. (THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM. FILL OUT FORM AND SEND TO KATRlNA IN P,URCHA.SING. ____ ' '_ PROP. OF ST. LUCIE CO. 1111111111111111111111111111111111111111 4A44A!=iI'J PROP. OF ST. LUCIE CO. 111111111111111111111111111111111111111\ 484485 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY TO DAY'S DATE: 09/20/06 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of Court 4. LOCATION CODE: CCMIC6 rn :- ~ ........ ';:-, 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSI~ß OF)'ß ..... .) í 'j-! N 408240 JUVENILE c"' a 6. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC.) ~"":' ~~~ W LrJ LrJ :J;;? -0:.:,. 2005 -) -< 7. DESCRIPTION OF PROPERTY: Dell Computer 8. MAKE: Dell 9. MODEL NUMBER: GX620 10. SERIAL NUM BER: 201CK80 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): (DEPARTM~RIZEDPERSON) THIS FORM IS TO BE USED FOR All CAPTIAl EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FIll THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM( FILL OUT FORM AND SEND TO PURCHASING. ,':) I i-I '-0 --I ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACOUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: 09/20/06 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): en S 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk oøurt~~ c= c8 C) i=ë:- N C¡ C) C") :!? .,~-,..-. .-,:.::: '-- ::: w 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING O~ \..r 4. LOCATION CODE: CCMIC6 407509 JUVENILE 6. YEAR ACQUIRED (IF TRANSFERREDjDONATED/TRADED, ETC.) 2005 7. DESCRIPTION OF PROPERTY: Scanner 8. MAKE: Kodakl 9. MODEL NUMBER: 1620 10. SERIAL NUMBER: 12822036 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): (DEPART~RlZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMmo FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ;:::i::~ -0 -,1 " ITEM NO. c-5:D DATE: 12/05/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING PRESENTED BY: Neil Appel. Purchasing Director SUBJECT: Fixed Asset Inventory-Property Record Removal BACKGROUND: Please see the attached Property Disposition forms from the St. Lucie County Health Department with regard to removal of inventory items. These items will be disposed of as surplus. FUNDS AVAilABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. COMMISSION ACTION: [xl APPROVED [] DENIED [ ] OTHER: Approved 5-0 Coordination/Signatures County Attorney: (X) '7~ <Y' ()~ Originating Dept: Mgt. & Budget: Other: Purchasing Dir.: (X) ~ . Other: Finance: (Check for Copy only, jf Applicable) BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Neil Appel, Director MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: December 05, 2006 Re: Fixed Asset Inventory-Property Record Removal ******************************************************************************************************** Per Section 18.4 of the Purchasing Manual, Staff is requesting permission to remove the fixed assets as listed on the attached Property Disposition Forms from the St. Lucie County Health Department. The items will be disposed of as surplus. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 11-/5 -06 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEALlHD 5. CD ::--1 1'0.,) :3 1:;1\, -c1 c:: - ,--I ,:;.'.':-< PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): SEE ATTACHED LIST 6. YEAR ACQUIRED (IF TRANSFERRED/DONATEDrrRADED, ETC.): _.~ ~"..:~. (,::J .",..;;;..:: \ J" .... f -<) ::r::'~" ~~"" 7. DESCRIPTION OF PROPERTY: OPTIPLEX 8. MAKE: DELL 9. MODEL NUMBER: DCS 10. SERIAL NUMBER: SEE ATTACHED LIST t,,"..1 -.::) 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNK 11- 15 -ð6 THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. 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LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 9-7-2006 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 405518 6. YEAR ACQUIRED (IF TRANSFERRED/DONATEDrrRADED, ETC.): C/) :--1 r- C ç:? ¡-'["7 7. DESCRIPTION OF PROPERTY: LASERJET 4050TN 8. MAKE: HEWLETT PACKARD "'---", 9. ('-",> ~~ -< ~ N MODEL NUMBER: C4254A 10. SERIAL NUMBER: USCF011152 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED ~h~ "..' E¡S'; T NT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P,O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ,,) S 0.. rJ) r'ì '-0 1'-.' co ~ ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 9-7-2006 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 405515 6. YEAR ACQUIRED (IF TRANSFERRED/DONATEDrrRADED, ETC.): C/) :--1 E-: C) r-·:- , ~:_-) (---.0) .....-.~,..,.. (~-~~:~ z -J -< ~ /'..., 7. DESCRIPTION OF PROPERTY: LASERJET 41 OON 8. MAKE: HEWLETT PACKARD 9. MODEL NUMBER: C8050A 10. SERIAL NUMBER: USBNG17551 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED, ~?/';H~- í " ARTME T HEAD OR ÃUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COpy OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B, IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. '" S .:........ (,") ,¡-I -0 N 00 :g ...... i~~:::! -'-0 ---I ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 11-15-2006 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAUHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): N/A 6. YEAR ACQUIRED (IF TRANSFERRED/DONA TEDfTRADED, ETC.): 7. DESCRIPTION OF PROPERTY: LASERJET 2200DT 8. MAKE: HEWLETT PACKARD 9. MODEL NUMBER: C7059A 10. SERIAL NUMBER: CNGRF05815 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED ~~~¿D~SQN THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 11-15-2006 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEALlHD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 405692 6. YEAR ACQUIRED (IF TRANSFERRED/DONATEDrrRADED, ETC.): 7. DESCRIPTION OF PROPERTY: LASERJET 2100 8. MAKE: HEWLETT PACKARD 9. MODEL NUMBER: C4170A 10. SERIAL NUMBER: USDX144064 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED í~¿ttt~~~ON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 11-15-2006 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): N/A 6. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC.): 7. DESCRIPTION OF PROPERTY: SERVER 8. MAKE: DELL 9. MODEL NUMBER: POWEREDGE 4200 10. SERIAL NUMBER: G6Y38 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED ~~;%'t~/ PARTMENT HEAD OR iGr1tj~D PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COpy OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE: 11-15-06 1. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM #: 4. LOCATION CODE: HDHEAL/HD 5. PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING OR DISPOSING OF): 405516 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.): 7. DESCRIPTION OF PROPERTY: CD TOWER 8. MAKE: CD DIMENSIONS 9. MODEL NUMBER: 10. SERIAL NUMBER: 96042348 11. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): JUNKED ~1174£ E ART NT EAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPT. TO ANOTHER. A WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING, (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS.) B, IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. , ITEM NO. C-' S£ DATE: 12/05/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Purchasing Director SUBJECT: Fixed Asset Inventory-Property Record Removal for the St. Lucie County Property Appraiser BACKGROUND: Please see the attached Property Disposition forms from the Property Appraiser with regards to removal of inventory items. These items will be disposed of as surplus. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board authorize staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. COMMISSION ACTION: E: Approved 5-0 o g nderson County Administrator rJG APPROVED [] DENIED [ ] OTHER: Coordination/Signatures County Attorney: (X) 9\; ð'" 0 ,f-"" Parks & Rec,: ( ) Finance: (Check for Copy only, if Applicable) Mgt. & Budget: (X)Ji!tl Other: ðf!'- Purchasing Dir.: (X) ~. Other: · \ BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Neil appel, Director MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: November 29,2006 Re: Fixed Asset Inventory-Property Record Removal ******************************************************************************************************** Per Section 18.4 of the Purchasing Manual, Staff is requesting permission to remove the fixed assets as listed on the attached Property Disposition Forms from the St. Lucie County Property Appraiser. The items will be disposed of as surplus. 1 \ 6. 7. 8. 9. 10. 11. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE dilllloG 1. INVOICE DATE (IF NEW PURCHASE) ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # j)f'G¡J..¡;,.1¡ lJ/jJj/t; '/0('" {~ LOCATION CODE Jft1 PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFE~G TO (IF $/-t"<5 (fy:'¡IÇ-:ì-ð3 Ciì ,f ' ð G TRANSFERRING cry . l{ú{,)~ v t)GJ.- S tI . . , :I NPm 12/1 J ¡!,f)m lU / OR DISPOSING OF) JX'-rlJ /(Ii 2. 3. 4. 5. YEAR ACQUIRED (IF TRANSFERRED/DONA TED/TRADED, ETC.) DESCRIPTION OF PROPERTY DCft. TD;I CC7/Y1pò.f--t'1'.[ Í'to.' C./~ ::~.3 :---1 ·~'r·"" MAKE Dc- Lt C.¡ }-(PO MODEL NUMBER I...l..) ~ 12. SERIAL NUMBER "'"'-.J ., 13. METHOD <?F DISPOSAL (IF DISPOSIN~ OF: J~, SURPL~S~ SOLD, T~ADE~ ET~ f f ~ IT/;rnr{'h"c/tv JT ~ ~r ~ (DEP trWHEAD OR AUTHORIZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ""'" ITEM NO. C·' j'P DATE: 12/05/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel.Purchasing Director SUBJECT: Fixed Asset Inventory-Property Record Removal for the St. Lucie County Supervisor of Elections BACKGROUND: Please see the attached Property Disposition forms from the Supervisor of Elections with regards to removal of inventory items. These items will be disposed of as surplus. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board authorize staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. COMMISSION ACTION: E: )(J APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do derson County Administrator Coordination/Signatures County Attorney: (X) f)~r 0.)""" Parks & Rec,: ( ) Finance: (Check for Copy only, if Applicable) Mgt. & Budget: (X).JiRf ~ Other: ~ Purchasing Dir.: (~- . Other: BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Neil Appel, Director MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: November 29,2006 Re: Fixed Asset Inventory-Property Record Removal ******************************************************************************************************** Per Section 18.4 of the Purchasing Manual, Staff is requesting permission to remove the fixed assets as listed on the attached Property Disposition Forms from the St. Lucie County Supervisor of Elections. The items will be disposed of as surplus. I t ST. LUCIE COUNTY PURCHASING DEPARTMENT I ( REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE Q ,- '::)6--- () ¿, 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # r·························....·······-··'···· ........................-...-..........................................._.............................................................._....,.................................................................~....................._...................__............................ ¡ ; ¡ ..".--- .. ,."". ",.. -, .,....".....,... ,. .., ...,. ... ".,..-- .. .", ,.,-- ,_.. -,-, ",- _ "-----'-..._,m 4. LOCATION CODE 1----- --:y¿·-'t-cC;;------- -..,...__..,_....E.._,..,........ m___'_____, -_'_-'~~~_~._~__"..-.........i 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME o NO o ~ ~ r-.J C/) (3 -,-, :--1 c, ¿~ ,_ ,/) c=¡:::::¡ (=: 1-'·' -.;;.~ 7. f~~;i¿t~==7-=:~~~g=~~TC~-=-_==~=~t_~=:~ 8. DESCRIPTION OF PROPERTY £=-=; '""- ,', ¡._m'''75.;'.~·'' - ":¡"7T""- "---;_. ··.._,..,_·_-Z'...._··..-'--''Z~;;-~Qim.'m'·7r'-'·--''-,··':';:;¡:~'-_..·.."·'..':=3-·_· "···"'Q;t"'·"'·····TL1·..""..·'··"'·¡ :'_m-L7)J..Ù....rJ,c.:l..,..,U:::it_£2.,LCt-J:::::J,.....,_,_,..'..'._'m'J:::j.L..,_..:..._IJ." _"m"'-...:..tJ...JL..a..JL~_7.._._.._,___='::::,_...__\J::1, ,___,....::::¡__.,.._, 9. MAKE [=uii:~:=~J{~-;;=;;=~~cf¥:~~==-;=:=--:;=;~ 10. MODEL NUMBER ¡ , 11. SERIAL NUMBER ~~¡~~~~~ . . .. T \ ~ . .. _ . 12·0~~~C~~::=~~JUŽ:??~~~~~=:===~-=::-=-¡ v > ~ ., (j- ;:;)6- /)j, DEP TM N HE . 0 THOR ZED PERSON DATE 6. DISPOSING OF YES NO THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE ,INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS;PROPERTY DISPOSITION · ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE q- ~5- ¿) b 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # r··..",'·"....···········..···············,······,·..··....··..,.,........................",....,........,.,.....,............,,,,,,,.,.......,.-.,,,.,...,,,......,.,.............,,,,,,....,,,.,..,...."......,...............",....",..,.......,..,........,..,......,.",.... ; I i I "..,..,.,.".",,,,,,,,,,,,,, '."''''''''''_'''.'''''' ""'" "''''.'''''''''''''''''''''''''''''' 4. LOCATION CODE ..................................... ..............,.................................... 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES ~ NO 0 IF YES, DEPARTMENT NAME ø,ð/Qo 6. DISPOSING OF YES 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDfTRADED, ETC.) !~~==~~-----===-======4-~~=;'J 8. DESCRIPTION OF PROPERTY 1___= £.(> =0 9. ~~~~~~~~~-==~1~~~ .........................-..-...................-...-...................-....... .........................................................................................'.............................................-....................".....................\-.- _., ';;''' ,'....................... ........ n.... ..::_....:.~;.. .,~'...:::.:.:~........: ~ 00 -~--_._-"----,, -~ :;, ---==:;; .,.., ",,,, 'w"_,,,, """""..",..",,,,'..,,.. .,'",,,,..,,,,,,,,,,,,,,,,,,,,,,,,,,, ",.,. f'Q "..,."". ",,,,0, 11.SERIAL NUMBER I (}'6? H(ðU V 7 Y-f{-L0L9-1.¿) 10. MODEL NUMBER i ~--~--~-_. __W___~.___~._.,..,'; 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) "==~&~~=·""·"'····jj¡S~~~:=:""""·,·~~,=~~~""."."'.,.,.......,.."'."",""'.,.....,..~=~:...,'.'.'.'.'.'."..J "., ... '.'."".""'...'."'.'."..-.........."."..=====______ww_._____,J q~ d5~ 0 {_, DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION " ITEM NO. C.,5"G- DATE: 12/05/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Purchasing Director SUBJECT: Fixed Asset Inventory-Property Record Removal BACKGROUND: Please see the attached Property Disposition forms from the S1. Lucie County Tax Collector with regard to removal of inventory items. These items will be disposed of as surplus. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. COMMISSION ACTION: bt1 APPROVED [] DENIED [ ] OTHER: E: Approved 5-0 o derson County Administrator Coordination/Signatures County Attorney: (X) ~ 1" Ç> ~Ï'-, Originating Dept: Finance: (Check for Copy only, if Applicable) Mgt. & Budget: Other: Purchasing Dir,: (X) ~ F v Other: BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Neil Appel, Director MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: December 05, 2006 Re: Fixed Asset Inventory-Property Record Removal ******************************************************************************************************** Per Section 18.4 of the Purchasing Manual, Staff is requesting permission to remove the fixed assets as listed on the attached Property Disposition Forms from the St. Lucie County Tax Collector. The items will be disposed of as surplus. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/12/06 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # S1. Lucie County Tax Collector 4. LOCATION CODE TCTAXS 5. PROPERTY RECORD # 40-5363 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO ® IF YES, DEPARTMENT NAME 6. DISPOSING OF YES (!) NO 0 7. YEAR ACQUI~,~º(IF TRANSFERRED/DONATEDITRADED, ETC.) 2001 8. DESCRIPTION OF PROPERTY ,Mail Processing Machine 9. MAKE Pitney Bowes 10.MODEL NUMBER Paragon 11.SERIAL NUMBER 29695 12.,~~THOD OF DISPOSAL(IF DISPOSING OF: JUNK,SURPLUS, SOLD, TRADEI:)~ETÇ,) ¡ Ob lete - Traded in to Pitney Bowes for new machine Vi 9/12/06 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COpy OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION .. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/11/06 1. I NVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # . ,...-..~".,.. ,.. .-....,.." .-'.. .S1. Lucie County Tax Collector 4. LOCATION CODE rTCTAXS 5. PROPERTY RECORD # :40-1206 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO @ IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO 0 7. YEAR ACQUIRED TRANSFERRED/DONAT~DrrRADED,. §TC,} 1989 8. DESCRIPTION OF PROPERTY ,_. ~'" _. ".. '__~'_~'.' _,_ ",_,_,. ",., "....,~ ".'", ,.. ~ ".~~.._"_,.. "_._. .."..~ "'.._ - 'u" .'. ,Mail Opening Machine A"_" __..,_".',_" 9. MAKE 'Pitney Bowes """'-,. 10. MODEL NUMBER 1250 12.._~~I.tiºº.9F DISPO~!.\L(IF DISPOSING OF: JUN~I SURPLUS,SOL[),,!~[)§[),. ET<:;,}., p'!pk - Replaced with new machine - 40-8629 ~ ~::1u"';'_h_"'; .._~,. . .uu .. 9/11/06 DEPARTMENT ~UTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION i ITEM NO. C-11 G DATE: 12/05/06 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Purchasing Director SUBJECT: Fixed Asset Inventory-Property Record Removal BACKGROUND: Please see the attached Property Disposition forms from the S1. Lucie County Tax Collector with regard to removal of inventory items. These items will be disposed of as surplus. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED [ ] OTHER: Doug Anderson County Administrator Coordi nation/Sig natures County Attorney: ( X) Mgt. & Budget: Other: Purchasing Oir.: (X) Other: Originating Oept: Finance: (Check for Copy only, if Applicable) BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Neil Appel, Director MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: December 05, 2006 Re: Fixed Asset I nventory-Property Record Removal ******************************************************************************************************** Per Section 18.4 of the Purchasing Manual, Staff is requesting permission to remove the fixed assets as listed on the attached Property Disposition Forms from the St. Lucie County Tax Collector. The items will be disposed of as surplus. .W v~H ITEM NO. 8 1111 DATE: 12/5/2006 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Award of Bid #07-015 - Tradition Field American Disability Act (ADA) Compliance BACKGROUND: N/A. FUNDS AVAilABLE: Funds will made available 001-75201-562000-700 (Building) PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff recommends that the Board award Bid #07-015 - Tradition Field ADA Compliance to the low bidder, Hennis Construction, for the total amount of $367,910.00, and authorize the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: (~APPROVED () DENIED ( ) OTHER Approved 5-0 DO DERSON COUNTY ADMINISTRATOR County Attorney (X) tu). ts' OT,., Originating Dept. ( ) Coord ination/S iq natures Mgt. & Budget (X) á.fi! ;/Wf'!f-:¡ Purchasing (X~ Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ · , PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: December 4,2006 RE: Award of Bid #07-015 - Tradition Field American Disability Act (ADA) Compliance BACKGROUND: In early 2006, a resident, complaining that Tradition did not meet ADA standards, sued Saint Lucie County. Consequently, on October 24,2006, in an effort to make Tradition an ADA-compliant facility, the BOCC granted staff approval to use $479,200 and advertise for bid. On November 27,2006, bids received for Bid 07-015 were opened. One thousand three hundred and twenty-seven (1327) companies were notified, twelve (12) documents were distributed, and two (2) bids were received. Parks and Recreation staff has recommended award to the low bidder, Hennis Construction, for the total amount of $367,910.00. RECOMMENDATION: Staff recommends that the Board award Bid #07-015 - Tradition Field ADA Compliance to the low bidder, Hennis Construction, and authorize the Chairman to sign the contract as prepared by the County Attorney. - .... - s:: G) s... E~.8 '5~~ Co . s... G)üo C-=-e> C) ~.f: s:: a. en .- «co ( ) .J:: ns == 0 .s::a>s... ~zæ ::J a. ( ) .... G) s:: o s:: .- ::J 'to- ~ o 0-- u-cE G) .... ~ .- ns s::: (,) 0 0 ::Jmu ...J ~ - s:: ::J o U ~ .... en Il) ~ o I t- O =It: C - m I I- W W J: en Z o - l- II( ...J :J m II( I- w (J z <C :J a.. ::E o (J - <C C <C - I- (J <C >- I- - ...J - III <C en - c z <C (J - 0:: w ::E <C C ...J W - U. Z o - != c <C 0:: I- ::æ: a: o o N ... <C CD o o N r-.. N a:: W m ::æ: w > o z c w z w a.. o 'tJ r;: r;: :J ou. 15>- :J U .... r;: -( ) UlO) r;: r;: 0,- o'E o o r;: o ~ :J .... iií-g § 0 OaJ ,~ Lj :J a.. "C .c - (J Q) .... .c ~ In ... .E "C Q) .~ Q) (J Q) ... Q) ... Q) 3: ..! C'IS ~ E .c ~ In o 3: ... ro õ I- UI ( ) ( ) u. oð .E! 'Ë .... ( ) a.. ( ) U '': a.. 'tJ ãi UI .... ( ) 'tJ 'tJ ãi t:i E . m r;:v'tJ o -c- "¡: +:;-c-O g"'tu: .... v . ....CD( ) ê v 13 O-:J O~~ 'Ë !::::-û5 ffi~"§ J:U.CL o o c:i .- (J) t- CD ('I) Eß- o o co ('I) CD. v t- v Eß- o ~ o o o Ò N Eß- o ~ o o o o N Eß- o o c:i .- (J) a:i Eß- o ~ o o o a:i Eß- o ~ o o o LO .- Eß- o o o o o LO .- Eß- o ~ o o o V N ('I) Eß- o ~ co ('I) CD. .- ('I) V Eß- 'E o ü roco Qifri r;:.- ( ) I (!)('I)m co'tJ 2 N '': ,~ N.Q '-'t-u. æ !::::-t:- ~x~ 0~û5 .... ....r;: r;:m_ ( ) iií r;: 0),- m «UI- UI,~ 0) « UI r;: UI ëñ~« m:¡:; ( ) -C:J> Uu:¡:; .... ( ) :J :J X U CLUJ( ) cñ . UJx r;: N ._:J _ =....N oO:J 0........ r;:.!!O r;:'2 Qi mr;:~ ~( )r;: m. r;: ",=,,,( ) ..::: >-. ...c " >- '0 >- .cll).c '0-'0 II).!!! II) C:::IIO: II) .c .~ c.C'OII) 01-> t-N N'- ('I)" .-'0 II) " - '0:::1 1I).c !E:5N _0 UI " .- '0 C '0 II) II) UI > II) -.- ._ C II) CCI)U [Ef E :::I UI (,)'0 00.- (,)'O.c --- 000 .. .. .. II) II) II) .c.c.c E E E :::I :::I :::I ZZZ '" o z tí .:: ;¡; Õ t: -< n:: L1 (jJ ir I L1 · .... o Z 1!;] Ü .... ~ N Õ ~ w~ N a ,... Z t:. ~ a t9 ~ (jJ I W 0 ~ g ~ 5~ ü~w ..,.... CQ-gN å«r::~ Z::¡¡ -;..; ~ UJ a·8 ;¡;.!!1'<:;::J ë5 g~ ~ cña"'8 ~~~~ ~~~~ . _ <0 -<]¡~¡,; :S.,; M 'iii ::¡E..J'c ëE~":~ · ~~ "'::J" ~8~ tí æ § ~ a ::J , c: a ~ n:: -< ~ ,!!! 8 '~ t9 :> ::¡ 0 g ~ · o Z Ü '¡:: ;¡; Õ I' ~ 5Ë (jJ W I Cl. W (jJ o --, , AGENDA REQUEST ITEM NO. C-6 DATE: Dec. 5, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: · Manufactures Product Care (MPC) · Installation of Protect-All Specialty Flooring/Rock Road Jail · Correction of cost shown in the recommendation by staff to the BOCC on Nov. 14, 2006, Agenda Item No. c-17 to include cost of floor preparation. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001-1931-546200-1527 (Maintenance Improvement Projects) PREVIOUS ACTION: On November 14, 2006, Item No. c-17, the Board approved the bid waiver and sole source declaration to Manufacturers Product Care (MPC) for the installation of Protect-All Specialty Flooring in the kitchen located at Rock Road Jail at a cost of $43,052.00. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the correction of cost in the amount of $43,052.00 for floor installation by Manufacturers Product Care (MPC) as shown in the recommendation by staff to the Board on Nov. 14, 2006, Item No. c-17, to include the addition of cost for the floor preparation that will not exceed $3,719.00. Therefore, the new total cost for floor prep (not to exceed $3,719.00) and installation ($43,052.00) will b~ $46,771.00. MISSION ACTION: []a' APPROVED [] DENIED [ ] OTHER: Approved 5-0 Mgt. & Budget: D g derson countyAdm~ Purchasing M -.~ _ ~ County Attorney: Coordination/Signatures Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eff, 1/97 H:\AGE~~A\AGE~uA-165 MPC FLOORING COST CORRECTION. DOC f' " MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: December 5, 2006 SUBJECT: · Manufactures Product Care (MPC) · Installation of Protect-All Specialty Flooring/Rock Road Jail · Correction of cost shown in the recommendation by staff to the BOCC on Nov. 14, 2006, Agenda Item No. c-17 to include cost of floor preparation. ****************************************************************************** BACKGROUND: On November 14,2006, Item No. c-17, the Board approved the bid waiver and sole source declaration to Manufacturers Product Care (MPC) for the installation of Protect- All Flooring in the kitchen located at Rock Road Jail at a cost of$43,052.00. This cost was for installation only and did not include floor preparation. The additional cost associated with the floor preparation (see attached quote: Floor Prep Option No.2-not to exceed $3,719.00) was included in the pricing submitted by Manufacturers Product Care (MPC) and due to staff error was not included in Agenda Item No. c-17 recommendation. Staffis seeking the Board's approval to include the additional cost for the floor preparation. This cost includes a charge of $30.00 per bag of patch used (material and labor) and will not exceed $3,719.00. Therefore, the new total cost for floor prep (not to exceed $3,719.00) and installation ($43,052.00) will be $46,771.00. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the correction of cost in the amount of$43,052.00 for floor installation by Manufacturers Product Care (MPC) as shown in the recommendation by staffto the Board on Nov. 14,2006, Item No. c-17, to include the addition of cost for the floor preparation that will not exceed $3,719.00. Therefore, the new total cost for floor prep (not to exceed $3,719.00) and installation ($43,052.00) will be $46,771.00. ... os OS 04:54p p.2 _... _n. ...-.----.. -.. MPC MANUFACTURERS PRODUCT CARE PO Box 940964 MAITI.AND FL. 32794-0964 1EL: 407-970-4771 FAX: 407-628-4058 3/2/06 TO: Mike Shine FROM: Lewis Rutland SUBJECT: Pricing for installation of Protect-All Specialty Flooring in designated kitchen areas Of St Lucie County Correctional Facility. Product: '/4" thick 5'x 8' sheets Protect-All Specialty Flooring Color: dark gray / matte finish Type installation: Two part ep(J},,:y/ heat weld seams FLOOR PREP OPTIONS (pricing separate from Protect-All installation): 1) We demo and remove existing tile, sand, smooth, clean and skim slab where needed. (j.ce: $ 13,032.00 . '. OR 2) Prison sources demo tile and get up adhesive or sand area... we clean & skim floor... Price: We will charge $30.00 per bag of patch used (material & labor), not to exceed $3,719.00. TIús is the fairest way for you, since you pay for only the amount of bags used. If yonr people take up the floor, we have no idea what shape it will be in and bow many bags of patch will be needed, but it will not exceed the above price... hopefully less. 3) We can deep clean and skim areas where needed and go over the top of the existing tile. Any areas such as the dish room where tiles are broken, we would remove tiles clean, dry and skim. Price: $3,108.00 INST ALLA nON OF THE PROTECT -ALL SPECIALTY FLOORING Materials.,. Protect-All sheets, 6" Protect-All cove base, metal cove cap, pre-made cove corners, 2-part epoxy adhesive, welding rod, 100% silicone caulk, Bostik urethane sealant, metal drain cIamps around sink and floor drains where needed, vinyl transition to other surfaces, AND Labor.. . custom cut flooring, cove cap instalJation, cove and corner installation, adhesion, rolling, routing, welding, sciving, striking, caulking, drain and transition detail. PRICE: $ 43,052.00 ( above floor prep options not include) ...-erTIONAh·PR:I€fND FOR. 'f1fE W ALK-IN-C-BOLERS " AGENDA REQUEST ITEM NO. C&7 DATE: Dec. 5, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES \ SUBJECT: Millennium Marble Tile, Inc. / Contract No. C06-10-567 Release of retainage. Courthouse Annex-Removal of lower row granite façade panels that are mechanically fastened, and if required, corrections, adjustments and/or repair to upper panel anchoring system. BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 170-0000-205100-1531 (Accounts Receivable/Retainage) PREVIOUS ACTION: On October 3,2006, Item No. c-4, the Board approved Contract No. C06-10- 567 with Millennium Marble Tile, Inc. for the removal of the lower row granite façade panels that are mechanically fastened, and if required, corrections, adjustments and/or repair upper panel anchoring system at the Courthouse Annex. RECOMMENDATION: Staff recommends the Board of County Commissioners approve release of retainage in the amount of $8,975.70, to Millennium Marble Tile for the Courthouse Annex granite façade project. MISSION ACTION: [)( APPROVED [] DENIED [ ] OTHER: Approved 5-0 D g derson County Administrator County Attorney: ~ Originating Dept: ( . .t::;'\ Finance: (Check for Copy only, if APPlicable)-I.f!!3L- Mgt. & Budget: Purchasing Mgr,: Other: Other: Eft, 1/97 H:\AGE}IDA\AGENDA-164 MILLENNIUM ~~RBLE RETAINAGE.DOC ., 1 MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: November 28, 2006 SUBJECT: Millennium Marble Tile, Inc. I Contract No. C06-10-567 Release of retainage. Courthouse Annex-Removal oflower row granite façade panels that are mechanically fastened, and if required, corrections, adjustments and/or repair to upper panel anchoring system. ****************************************************************************** BACKGROUND: On October 3, 2006, the Board of County Commissioners approved Contract No. C06-10-567 between St. Lucie County and Millennium Marble Tile for the removal of the lower row of stQne that is mechanically fastened, and if required, corrections, adjustments and/or repair the upper panel anchoring system on the Courthouse Annex Building. Millennium Marble Tile has completed the task outlined within Contract #C06-10-567. The Project Manager, Jerry Parenteau, has inspected and approved the work. Each invoice received by the contractor reflects a 10% retainage, as specified in the contract, until completion. Staff is requesting release of retain age in the amount of$8,975.70 to Millennium Marble Tile, Inc. 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I ð ~ I I fi ~ ~ '~ 8 --=-_>- f Ii n m I =>.g¡;¡-;; c -; fI1 ft1 tv :t- o :¡¡ '§. a. :::! § _I ª l ¡g, * ~ o ic>O_N~ ~ ,CD íJ~i~m ~ J I i~~~-1 i I æ ~ ~ £ ^ ~ '" ~ - j I U~~ CD ~ 9J ","~'_ 'áJ IE ~ <0 I ~ª ~ ~ ~ - ~ ~ C m ~ c m c g n - ~ ~ m ~ /' I f ~ i 0' "t ,-¡_.j ~ m "" ~ ~ ~ ;-f ~ :f ~' :Þ ." -c ;0 ¡¡ ~ <: t:: "" <: ~ ~ 0 ::::f "' ;tI o :s :;>; ;¡: C en 0 0 rn 0 c ;g-l~11 æ ;¡;; -I g ëñ m o .... :Þ ~ :t; ~ o --j rJ) ~ -c ;Þ )0. OrTI-c'U c.:.. !!;! ¡¡ ¡¡ ", 0 c ¡:: ~ 3 ~ ~ ;c: 0 g ::! R :z ~ .. 0 :¡;:; »0 0 -1 .. ro i:" I -1 ~ o m ;¡; ;¡;J "T1 8 ~___J I ~ ô 8 0-1 iR ~ o ¡¡ i! -I · . 0 !!j ~ ~ ..,~ ~ I G'> ';!? I -' ~ I ~ I "" -, i ~ ø 0 ~ m ... ~ ~ z g ~ .. ;<¡ ~ ~ IT1 ,., ........ \ AGENDA REQUEST ITEM NO. C-8 A DATE: December 5,2006 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Roberta Breene SUBJECT: Staff recommends approval of the submittal of a preliminary grant application to the U.S, Department of Justice, Bureau of Justice Assistance, Justice and Mental Health Collaboration Program for an amount not to exceed $250,000 during a 12-30-month period to assist in the planning and implementation of a Mental Health Court in S1. Lucie County, BACKGROUND: It is estimated that more than 20% of the jail population has mental health or substance abuse- related issues, This program would help with the implmentation of a separate court to handle cases that meet pre-established criteria, The cost of keeping an inmate in jail is approximately $70/day. If 20 people at any given time were entered into the proposed Mental Health Court program instead of being housed in the jail, a savings for the jail of $1,400 per day or $511 ,ODD/year would be realized. The funds would primarily cover the cost of an individual to coordinate the program and monitor the voluntary participants, The effort would be a collaboration among various community agencies and stakeholders. This is a preliminary application, Should S1. Lucie County be invited to submit a full grant application, the project will be more fully developed and resubmitted to the BOCC for approval FUNDS AVAIL. : This grant requires a 20% minimum match, The match will be in part from in-kind services and in part from Criminal Justice Contractual Services Account No. 107-2360-534000-200, PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the submittal of a preliminary grant application to the Department of Justice for funding to assist in the implementation of a Mental Health Court in S1. Lucie County, The award amount would not exceed $250,000 with a match no larger than $50,000 (including in-kind services. [X ] APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 COMMISSION ACTION: Do 1 Anderson County Administrator ~/ County Attorney: ~ Originating Dept: ~. A Finance: Mgt & Budget: Public Works: Purchasing: other: 'fIA....i\ ~.. \. ~ ..)~I!t!Ji@I~~i,;;:;;;' COUNTY 'I lOR I D A-...Ai -~_.. To: From: Date: Subject: Board of County Commissioners Roberta Breene December 5, 2006 Consent Agenda No. C - 8 A Grant - U.S. Department of Justice, Bureau of Justice Assistance - Mental Health Court Mental health courts have been initiated in many jurisdictions in the United States, largely in response to the growing number of defendants with serious mental illnesses who become trapped in the criminal justice system. A carefully-crafted mental health court will not coerce treatment and will avoid greater criminalization and stigma for persons living with mental illness and greater fragmentation of the mental health system. Mental health courts have been shown to be much less apt to use jails as a sanction for failure to comply with court-ordered treatment than were the drug courts after which they are modeled. The presence of defendants with mental illnesses in the criminal justice system imposes substantial costs on that system and substantial harm on defendants. From a cost point of view alone, in St. Lucie County today, over 20% of the jail population has been documented to exhibit mental health or substance abuse issues. Based on today's population of 1,350 inmates, at least 270 of these inmates might have been better-served by mental health services and monitoring toward reducing their recidivism rate and guiding their becoming contributing members of the community. The requested funding would be used to support a case manager and a mental health clinician, who, in compliance with the Court order, would monitor each participant in the mental health court program, including referring to mental health services and evaluations, home visits to assure stability in family life and address codependence issues with the goal of preventing repeat offending. The mental health court would be a collaborative effort among various community stakeholders most likely such as the fOllowing, to name a few: St. Lucie County Criminal Justice Coordinator, the Courts, Sheriff's Department, New Horizons of the Treasure Coast, Department of Children and Families Alcohol, Drugs and Mental Health Department. Each group or individual would be responsible for specific components For example, one judge has volunteered to conduct the bi- weekly docket, New Horizons would provide office space, etc. The cost of keeping an inmate in jail is approximately $70/day, If 20 people at any given time were participating in the voluntary Mental Health Court program instead of being housed in the jail, a reduction in jail beds needed and a savings of $1 ,400 per day - $511 ,OOO/year - could be realized, AGENDA REQUEST ITEM NO. C-88 DATE: December 5,2006 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Roberta Breene SUBJECT: Authorize the submittal of a grant application to Cargill, Inc. for funding of no more than $60,000 to be used toward the development and construction of a $132,000 educational exhibit at the Oxbow Eco-Center, and acceptance of the grant, if awarded. BACKGROUND: The purpose of this project is to enhance the understanding of the St Lucie River and its estuary by both residents who live within its watershed and visitors and students from outside the area. This will be done through an exhibit that shows both the natural side of the St Lucie River as well as the human footprint Phase I of the project is a 3-dimensional exhibit that covers two adjacent walls of the exhibit hall immediately to the right upon entering the building. The exhibit will provide visitors a glimpse of the underwater world, the river's connection to the land, and the flora and fauna that call this watershed home. Starting at the headwaters, the exhibit will lead visitors through the body of the river to its estuary and show, through realistic representations, text, auditory elements, and interactive tools, the importance of this riverine system. Visitors will enter below an imaginary waterline where they are introduced to fish, invertebrates, and aquatic vegetation. Above eye level, the shoreline shelf with replicated plants and roots will create an illusion of their underwater experience. Visitors will look up through a re-created water surface at a view of the shoreline and some of the river's terrestrial plant and animal species. A background mural and replicated vegetation, wildlife and a three-dimensional tree will add depth to the diorama. Phase II of the exhibit will be free-standing and will face the diorama described above. Here, visitors will see the human footprint on the river, with representative homes, boats and lawns portrayed on and along the river shoreline. Through an interactive computer, audio components, text and visuals, they will learn that everybody lives within a watershed and has an impact on these water bodies, whether or not they can see water from their own backyards. Finally, they will learn about the things they do that negatively impact the river, and the things they can do to lessen their impact FUNDS AVAIL. : This grant may require a minimum of a 50:50 match, The County's match is available in Fund 001-7912-562000-700. PREVIOUS ACTION: On August 23,2006, the Board authorized the submittal of a similar grant application to the St Lucie River Issues Team. These funds have not yet been awarded. RECOMMENDATION: Staff recommends the Board authorize the submittal of the grant application to Cargill, Inc, for funding of no more than $60,000 to be used toward the development and construction of a $132,000 educational exhibit at the Oxbow Eco-Center, and acce nce of the grant, if awarded. [X] [ ] APPROVED OTHER: [ ] DENIED Approved 5-0 COMMISSION ACTION: Dou la Anderson County Administrator County Attorney: ~/ Originating Dept: /~ ð J Finance: Coordination/Si Mg't & Budget: ~ Public Works: Purchasing: ----l- Other: .Jj(V't't (., e. ~ ~ ) AGENDA REQUEST ITEM NO.: C-8 C DATE: December 5,2006 CONSENT [X] REGULAR [] PUBLIC HEARING [] Leg. [ ] Quasi-JD. [ ] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Roberta Breene. Grants Writer SUBJECT: Authorization of the submittal of a grant application to the American Library Association, Association for Library Service to Children, Summer Reading Program, requesting $3,000 to further the Library's Waggin' Tales program to provide a summer reading and literacy program for children. The mission of the Waggin' Tales program is to improve the literacy skills of children. The American Library Association estimates that there are 27 million functionally illiterate adults in the U.S. If these individuals were helped when young, they could be functional literates. Statistically, if a child does not master reading before the third grade, they face falling even further behind. Communities must step in to help support the battle to eliminate illiteracy. Waggin' Tales operates within the local library setting and also as an outreach program to elementary schools. Volunteer handlers and their dogs become trained therapy dog teams. Participation in the program is open to all children of reading age. The child signs up for a 15-minute reading session once a week. He may bring a book of his own, or the dog handler will choose a book for him to read. BACKGROUND: During a Waggin' Tales session the child will read an appropriate level book to a therapy dog team, The dog team will assist the child as necessary. The dog's non-judgmental presence removes any stigma related to the child's lack of ability to read aloud, The younger the child the easier for him to believe the dog is actually "listening" to him read. The handler will sometimes practice word drills by using the dog and dog treats, If the child completes the drill without making a mistake, he can play with the dog or possibly "teach" the dog a "new trick", FUNDS AVAIL.: There is no required County cash match for this project. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board authorize the submittal of a grant application to the American Library Association, Association for Library Service to Children, Summer Reading Program, requesting $3,000 to further the Waggin' Tales program to provide a summer reading and literacy program for children. COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: ~' Originating Dept: ~C~~~. Finance: (copies only): Do Anderson County Administrator Coordination/Signatures Mgt & Budget: df ~ Public Works: Purchasing: Other: AgeUF2002.doc AGENDA REQUEST ITEM NO. C- 9 DATE: ~. Sf ~006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Cultural Affairs (~ SUBJECT: Authorize the serving of beer and wine at the St. Lucie County Marine Center for the St. Andrew's School Christmas Party to be held the evening of December 9, 2006. BACKGROUND: St. Andrew's School has requested staff to host the school's Christmas Party at the St. Lucie Marine Center on December 9, 2006. The School will bring all of the refreshments and the County will supply the table and chairs. The gift shop will be open and we will charge a $2.00 admission fee. The School has requested that we seek permission for them to serve beer and wine on the evening of December 9,2006 from 6:00 to 9:00 pm at the St. Lucie County Marine Center. FUNDS AVAILABLE: N/ A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends authorization to serve beer and wine at the St. Lucie County Marine Center for the St. Andrew's School Christmas Party to be held the evening of December 9, 2006. COMMISSION ACTION: 11 APPROVED [] DENIED [] OTHER: Approved 5-0 Dou las . Anderson County Administrator Review and A ro Is County Attorney: Management & Budget: _ Purchasing: _ Originating Dept: _ Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 ., f Cultural Affairs Department MEMORANDUM #07-07 TO: Board of County Commissioners FROM: Jody Bonet, Director SUBJECT: DATE: St. Andrew's School Request November 30, 2006 St. Andrew's School has requested staff to host the school's Christmas Party at the St. Lucie Marine Center on December 9, 2006. The School will bring all of the refreshments and the County will supply the table and chairs. The gift shop will be open and we will charge a $2.00 admission fee. The School has requested that we seek permission for them to serve beer and wine on the evening of December 9, 2006 from 6:00 to 9:00 pm at the St. Lucie County Marine Center. Staff Recommendation: Staff recommends that the Board of County Commissioners authorize the serving of beer and wine for the St. Andrew's School Christmas Party to be held at the St. Lucie County Marine Center. '" ¡trrody Bonet - Christmas Party Rental Page1l From: To: Date: SUbject: Charles Schmidt Donlon, John 11/21/20062:04:17 PM Christmas Party Rental John, Per our phone conversation I have rented the Marine Center on Saturday, 12/9/06 between the hours of 6 and 9 pm, The St. Andrew's private school will host their staff Christmas party at that time. We expect about 50 staff and teachers and spouses. My contact is Deborah Schroeder, principal, at 461-7689. I and John Yoder will be here and the Gift Shop will be open for business. Admission cost will be two dollars per person as a good will gesture to the school, which regularly visits the facility. They will supply all the food and drinks (alcoholic and non-alcoholic). We will supply necessary chairs and tables. Hope this meets your prior approval. Chuck ..... ,.".. / AGENDA REQUEST -- ITEM NO. C-1 () DATE: December 5, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(DEPT): INFORMATION TECHNOLOGY SUBJECT: Request board approval for MGT of America to provide an update to their study of the Information Technology department. The consulting services provided by MGT of America are part of the State of Florida contract #973-561-06-1. BACKGROUND: MGT of America had previously performed a study of the information technology department in 1999. The county implemented the recommendations as a result of the study. The improvements outlined in the study were instrumental in developing a 5 year plan for information technology. Although the State contract required that three firms be contacted, we contacted six firms but received only one response. The response came from the firm that performed the initial project. We reviewed the proposal and are satisfied with the scope of work and the cost. FUNDS AVAIL: Funds are available in account # 001-1955-531000-100 for $61,518.00. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissions approve the request for the consultant to conduct a study of the IT Department and sign the proposal agreement in the amount of $61,518.00. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney"" X. ~ Originating Dept: CU Review and Approvals / Management & BUdget:.ßif V'i)P,g Purchasing: ~~ Other: 1° Tallahassee Office 2123 Centre Pointe Boulevard Tallahassee, Florida 32308 P: (850) 386-3191 F: (850) 385-4501 www.mgtofamerica.com November 21, 2006 Mr. Dennis Wetzel Information Technology Director S1. Lucie County, Florida 2300 Virginia Avenue F1. Pierce, FL 34982-5652 Dear Mr. Wetzel: MGT of America, Inc. (MGT), is pleased to submit this revised proposal to S1. Lucie County, Florida, to update our 1999 Information Technology Study. We firmly believe that MGT is ideally suited to conduct this project and are excited about the opportunity to work again with the County. This is the type of project for which we are exceptionally well qualified, and that we not only do well, but also enjoy doing. Scope of Services MGT can "hit the ground running." In addition to being familiar with the issues and management challenges associated with state and local services, our consultants are skilled in a variety of data cOllection strategies and analysis methods and are experienced with quick turn-around projects as well as long-range, multiyear endeavors. They have the ability to produce timely, comprehensive reports that are focused and formatted to suit audience needs. Based on our current understanding of the scope of services, we are prepared to conduct this project utilizing a methodology that will accomplish the County's goals and objectives. We have attached a detailed work plan (Attachment A), which includes the following major tasks: · Task 1.0 - Initiate Project and Finalize Work Plan · Task 2.0 - Collect Data and Conduct Interviews · Task 3.0 - Conduct Analysis of Identified Issues · Task 4.0 - Develop Commendations, Findings, and Recommendations · Task 5.0 - Develop Draft Report and Final Report MGT Project Team Senior staff members who will be working with you include Mr. Reggie Smith, Partner-in- Charge and Project Director; Mr. Hank Townsend, Technical Advisor; Ms. Kathy Brooks, Technology Team Member; Ms. Jeri Birkes, Technology Team Member; and Ms. Marilyn Wiley, Technology Team Member. The fOllowing paragraphs describe the qualifications of each of these individuals. Mr. Dennis Wetzel November 14, 2006 Page 2 Project Director: Mr. Reggie Smith. As Project Director, Mr. Smith will be responsible for ensuring that all contractual obligations are met. Mr. Smith has a wide range of experience in state and local government areas. He has a broad knowledge base in consulting, training, and public relations services to private and public sector agencies. He specializes in the management and direction of reengineering and administrative projects for city, county, and state government agencies. Prior to joining MGT, Mr. Smith owned his own consulting firm, R.A.S. & Associates, Inc., and was the regional manager for a firm providing electronic benefits payment systems to state agencies. He also spent 16 years in various managerial and administrative positions with the state agencies. Mr. Smith's relevant experience includes serving as either a project director, team leader, or consultant for a number of MGT's studies including administrative technology reviews, performance audits, operational and organizational assessments, and process mapping and reengineering projects for state and local governments in Florida, Georgia, Tennessee, Washington State, and South Carolina. Technical Advisor: Mr. Hank Townsend. Mr. Townsend serves as MGT Director of Technology Support Services, and has considerable experience and training in analysis, design, and implementation of information systems for government clients. His knowledge spans CASE tools, project planning/management, system development, database development, software development, client server strategies, information systems security strategies, and training strategies. His current job requirements include administering the Local Area Networks and the Wide Area Network within the MGT organization. In addition, Mr. Townsend coordinates all technology activities for the company. These activities include technology purchases, Web and system application development, client information, system administration, and new product evaluation. His relevant project experience includes: · Technical Advisor on a study of the information technology resources of St. Lucie County Government in Ft. Pierce, Florida. Developed recommendations for improving the efficiency, effectiveness, and customer services of the department. · Technical Advisor on a project for Macon County, North Carolina, to conduct a review of the status of technology use and the technology needs of all agencies within the county government. · Technical Consultant on a project to assist the Florida Department of Education's Office of Student Financial Assistance in developing a request for proposals to select a contractor to develop a comprehensive student financial aid system. · Technical Advisor on a project to develop a management plan for the Florida Association of Court Clerks. The plan described the organizational structure, staffing, and mileposts for a project to develop the state case registry interface, state disbursement unit, CLERC system enhancements, and the SDU voice response system. Mr. Dennis Wetzel November 14, 2006 Page 3 . Technology Team Leader on a reengineering and process mapping analysis project for the City of Richmond, Virginia. Constructed a benchmarking study to supplement the government records provided by the city and used the comparative analysis to develop recommendations for increased efficiency and effectiveness. Technology Team Member: Ms. Kathy Brooks. Ms. Brooks has over 21 years of experience in the private and public sectors working with program and financial data. Her background includes teaching, training, data analyses, data research, data management, system and program evaluation, cash forecasting, system automation, data integration, and data system conversions. Ms. Brooks has over eight years of experience in data warehousing implementation. Corporations have recruited her due to her knowledge of local, state, federal, and international financial and data system requirements and abilities to provide data research, analyses, and data management using multiple system sources. Ms. Brooks was a member of the Florida Department of Education Team that developed and implemented the first K-20 education data warehouse in the nation and has worked with the Florida Division of Community COlleges to assist with data validity among the 28 community cOlleges. Ms. Brooks also serves as the business manager for technology outsourcing by MGT to state and local government entities, including educational school districts, community cOlleges, and universities throughout the country. She oversees the teams providing technical assistance to implement PeopleSoft Systems for the Florida Agricultural and Mechanical University (FAMU) and the Florida Department of Banking and Finance. Technology Team Member: Ms. Jeri. Birkes. Ms. Birkes has over 10 years of experience working with state and local governments. She has performed workload, management, and staffing reviews at the local level, as well as assisted local governments in finding funding solutions for infrastructure needs. Ms. Birkes has served as a budget analyst for both local and state governments and as a legislative and budget liaison for the State of South Carolina. Technology Team Member: Ms. Marilyn ß'iley. Ms. Wiley has four years of experience in data cOllection, data analysis, program and planning, and statistical analysis. She has worked with federal, state, and local government agencies, offering technical assistance to ensure compliance with the federal and state laws and mandates. She has over six years of experience monitoring and inspecting governmental agencies. Costs MGT of America is prepared to update its 1999 Information Technology Study as described in this proposal for a fixed amount of $61,518, which includes all professional fees and project expenses. We estimate that this project will take approximately 364 hours to complete. Please see Attachment B for a summary of the total estimated project costs and the details of our proposed professional fees. MGT OF AMERICA, INC Mr. Dennis Wetzel November 14, 2006 Page 4 State Term Contract MGT has worked with the State of Florida, Department of Management Services through State Term Contracts since 1998. Our DMS/lT Contract number is 973-561-06-1. As required, the disciplines indicated in this proposal reflect the disciplines as stipulated in the State of Florida contract #973-561-06-1, Project Area 1. The pricing of each discipline does not exceed the hourly rates as shown in Project Area 1. ***************************************** MGT is committed to performing the scope of work as outlined in this proposal and can complete this project within 90 days of notice to proceed. If you have any questions concerning our proposal, please contact me at (850) 386-3191. Sincerely, Û--r l)'c- Reginald A. Smith Principal Attachments J:I088ISt. LucielSt. Lucie County Electronic Letter ProposaLdoc MGT OF AMERICA, INC ATTACHMENT A: DETAILED WORK PLAN We have developed a detailed work plan to address the scope of services requested by St. Lucie County. We will utilize the information contained in our 1999 Information Technology Study to conduct the update for the Information Technology Department. The update study will focus on the recommendations presented in the 1999 study, the implementation of those recommendations, and the analysis of any new findings that have occurred since 1999. The work plan will facilitate the accomplishment of the objectives of the update study, which will examine the following areas: · the current organizational structure of the Information Technology Department, as well as its mission, goals, and objectives; · the working relationship between the Information Technology and the Information Technology Board of Governors; · the Information Technology Department staffing as it relates to the function of the Department; · the service level provided to the customers compared to the cost to the customers for the service; and · the role and function of the current Information Technology Department programs. During the initial meeting with St. Lucie County's project management personnel, we will identify other areas that might be appropriate for review. WORK PIAN TASK 1.0: INITlA TE PROJECT AND FINALIZE WORK PLAN Objectives: · Ensure that MGT and St. Lucie County have the same understanding of the goals and objectives of the update study. · Revise MGT's work plan to best meet the objectives of the update study. · Introduce MGT team leaders to County officials. Activities: 1.1 Meet with St. Lucie County's Project Manager and other County officials as directed by the Project Manager. MGT PageA-l OF AMERICA, INC. Detailed Work Plan 1.2 Review the objectives of the update study and the County's corresponding expectations and requirements. 1.3 Discuss the timing of the project with regard to other internal and external events that could affect the conduct of this study. 1.4 Finalize specific conditions, responsibilities, and time frames for all project tasks. 1.5 Revise the work plan and corresponding timelines (if necessary) and submit to the St. Lucie County Project Manager. 1.6 Develop initial list of County officials to be interviewed. 1.7 Make arrangements for project progress reporting, communication channels, and project billing. Deliverable: . Revised work plan and project schedule TASK 2.0: COLLECT DA TA AND CONDUCT INTERVIEWS Objectives: · Obtain key background information on project issues, needs, expectations, and computing environment. · Review the current service delivery environment of the information technology function. · Review the organizational structure of the Information Technology Department in relation to the functions it is to perform. · Review the requirements for the information technology function over the long term to ensure that all County offices will continue to have the technology resources and technical support necessary to effectively carry out their respective missions. MGT Page A-2 Of AMERICA, INC. Detailed Work Plan Activities: 2.1 Obtain background materials on existing services provided, organizational charts, staffing levels, workload, and operating and capital budgets in the information technology function. 2.2 Review inventories of current hardware, software, and local and wide area network infrastructure in the County. 2.3 Review all pertinent short- and long-term technology plans, goals/objectives, performance measures, studies, reports, and/or audits affecting the information technology function. 2.4 Review and assess any customer satisfaction surveys that the Information Technology Department may have conducted. 2.5 Conduct interviews with County Commissioners regarding project expectations and key issues. 2.6 Conduct initial interviews with the management of key departments including Information Technology, budgeting, finance, human resources, planning, transportation, and others designated by the Project Manager regarding specific issues that should be addressed by the update study. 2.7 Conduct interviews with Information Technology Department staff. Obtain staff perceptions of what they believe the key issues to be, and their perception of the strengths and weaknesses of the organization. 2.8 Review the major services provided by the Information Technology Department and the method(s) by which they are delivered. 2.9 Review the organizational structure, including span of control, functional alignment of sections, reporting relationships, and the ratio of managers to staff. 2.10 Conduct a combination of individual interviews with staff of the larger departments and focus groups with staff of other user departments to discuss the: · quality of the services provided in response to ad-hoc reporting requests; requests for software modifications; hardware, software, or networking needs and issues; help desk requests, etc.; · timeliness of services provided by the Information Technology Department; · adequacy of staffing levels and skillS of staff in the Information Technology Department; · organizational structure and communication channels within the department and from the department to the user departments; MGT PageA-3 Of AMERICA, INC Detailed Work Plan · adequacy of management reporting to help in making decisions and in monitoring agency programs and services; · management of workload and priority-setting process in the Information Technology Department; · information technology budgeting process (operating and capital); · major strengths and weaknesses of the Information Technology Department; · relative position of the organization and its leadership (Is it improving? is it declining?) and · major areas for potential improvement and why those areas are important to the user departments. 2.11 Review the County's communications infrastructure, including local and wide area networking and Internet connectivity. Identify the strengths and weaknesses, and target opportunities for improvement of the communications infrastructure in the near and long term. 2.12 Review the department's long-range planning approach and methods and the degree to which the department has defined and articulated a vision for integrated hardware, software, and networking. 2.13 Summarize the results of Task 2.0, outlining a preliminary analysis and assessment of the review to date and the findings/issues to be addressed in the report. 2.14 Meet with the S1. Lucie County Project Manager to review preliminary findings. Deliverable: · Information regarding key preliminary findings to date TASK 3.0: CONDUCT ANAL YSIS OF IDENTIFIED ISSUES Objective: · Conduct in-depth analyses of targeted issues. Activities: 3.1 Conducts targeted fOllow-up analyses of the issues identified in the earlier phases of the update study. 3.2 Also conduct fOllow-up interviews and data cOllection as necessary with user departments, committees, or Information Technology Department staff. MGT PageA-4 Of AMERICA, INC Detailed Work Plan 3.3 Prepare a set of key questions to ask peer county governments regarding their information technology function. 3.4 Contact two to three comparable Florida county governments to discuss their information technology function. Compare and contrast the organizational structure, staffing, and functions of these peer agencies. 3.5 Review the organizational locations of the information technology function in the County organization. 3.6 Identify and distinguish between short-term solutions and longer term solutions. Deliverable: · Summary of analyses findings K 4.0: DEVELOP COMMENDA TlONS, FINDINGS, AND RECOMMENDA TIONS Objectives: · Develop a detailed outline of actions since 1999 and establish findings based on the current operations, structure, and practices. · Develop a detailed outline of proposed recommendations. Activities: 4.1 Discuss any comments regarding the preliminary findings, conduct any additional research needed, and revise the list as appropriate. Determine effects of actions taken since the 1999 study. 4.2 Develop an outline of proposed commendations and findings based on the revised list of findings. 4.3 Outline an improvement recommendation for each finding, where appropriate. The recommendations will focus on improving the department's efficiency, effectiveness, and customer service. Deliverable: · Detailed outline of proposed commendations, findings, and recommendations. MGT PageA-s OF AMERICA, INC. Detailed Work Plan TASK 5.0: DEVELOP DRAFT REPORT AND FINAL REPORT Objective: · Develop draft and final reports that meet the objectives of the study. Activities: 5.1 Review comments received from 81. Lucie staff regarding the summary of findings provided upon completion of the earlier phases. 5.2 Prepare a draft report that includes commendations, findings, and recommendations that focus on improvements in efficiency and effectiveness. 5.3 Present the draft report to the 81. Lucie County Project Manager. 5.4 Review comments on the draft report. Revise and clarify as appropriate. 5.5 Prepare and submit the final report. Develop recommendations with sufficient detail to enable implementation. Present the plan to appropriate parties as directed by the 81. Lucie County Project Manager. Deliverables: · Draft report within an agreed-upon time frame · Final report as soon as possible after receiving the County's comments on the draft report Project Timeline MGT's proposed schedule and timeline covers a period of three months from project initiation. Exhibit A-l presents our estimated time schedule by major project work task. Please note that MGT is prepared to negotiate an alternative time frame. MGT PageA-6 OF AMERICA, INC. Detailed Work Plan EXHIBIT A-l PROPOSED PROJECf TIMELINE Initiate Project and Finalize Work Plan 1.0: Collect Data and Conduct Interviews 2.0: Conduct Analysis of Identified Issues 3,0: Develop Commendations, Findings, and Recommendations 4.0: Develop Draft Report and Final Report 5.0: PageA-7 MGT OF AMERICA, INC. A'ITACHMENT B: COST PROPOSAL MGT of America, Inc., is prepared to conduct an update study of St. Lucie County's Information Technology Department as described in this proposal for a fixed amount of $61,518, which includes all professional fees and project expenses. MGT proposes to invoice in three equal installments of $20,506. The table below presents a summary of the total estimated project costs. PROPOSAL COST SUMMARY Professional Fees Project Expenses (includes travel, telephone, copier, and supplies) TOTAL $55,929 $5,589 $61.518 The cost proposal show in Exhibit B-1 details our proposed professional fees, including personnel, estimated hours, and hourly rates inclusive of overhead and profit. MGT proposes to utilize the fOllowing pricing schedule: · First payment of $20,056 - upon completion of Task 2.0; · Second payment of $20,056 - upon completion of Task 4.0; · Final payment of $20,056 - upon acceptance of Final Report, Task 5.0. MGT of America, Inc., is greatly interested in working with St. Lucie County on this important initiative. We are open to discussions regarding our proposed scope of work, detailed work plan, and staffing assignments, and are available to make reasonable adjustments to ensure that the County is able to conduct this project effectively and within budget. MGT Page B-1 OF AMERICA, INC - ~ tI Q §< ~ .... tI 8 ~ ~ ~ Q ~ ::J o :I: ~ u ~ ~~ '0 ~=: f::~ ~Q ~~ ~~ ~~ ~ ~ ~ o Þ-I ~ ~ ~ ~ ~ ~ ! E .:.. .!!! CII I/) 'C ..bCII ~ ca E (/)~; .Ë , = =~t: III .~~3~t ~~~~iñ IDC.O C,) 1/)' 'C = ë..... c C fa .. I ï¡¡3~c: Æ ~ ~ ~ 1::8 ~ I/)ë a Q) ~ ~ fI) :;[!! ¡~~ .!:!.S! ! ~ e l~~~ ID ~ ë I G) .2 ~ ;.~ £ ....0.='5 ~oca<J'E- .- - c CII l~ ~ ~ (/) 11 '* 1\1 Õ I- I- .!!! 1\1 Õ I- >. .!! 3: ~ ~ I- o o L() Ili Ih ~ M IX) IX) IX) o ..- c: ct! ã. ~ o 3: 0) ,!:: ëii c: ü: "C c: ct! 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