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Agenda Packet 03-13-07
March II, 2007 ..00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA _ Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and 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) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us Chris Craft, Chairman Joseph E. Smith, Vice Chairman Doug Coward Paula A. Lewis Charle. Grande District No.5 District No. I District No.2 District No. I District No.4 March II, 2007 9.00 A.M. Invocation Pledge of Allegiance ~. ~J MINUTES ~~~(t{).) Approve the minutes from the March 5, 2007 meeting. j Approve the minutes from the March 6, 2007 meeting. 2. ,~~ PROCLAMATIONS/PRESENTATIONS ,,~A. Budget Resolution No. 07-087 to accept a donation of $26,648.00 from the United Veterans of St. ~X {/Ò Lucie County to the St. Lucie County Board of County Commissioners. The contribution will be used to 'J pay for the purchase of a multi-passenger van - Consider staff recommendation to approve Budget Resolution No. 07-087 and Equipment Request No. EQ07-317. .(},,'yV\&.J. ~~Gle!:- 00 _ /I J d-7, 1t4~ I ~I X~-L GENERAL PUBLIC COMMENT ~06 -CO ~lsú AúJ'O.hA b~ tJ1¿. KOre V\ Vhr- \r eterut\5 I. 4. CONSENT AGENDA Pu\\~~ ŒJD.~0\JJ(Gr\~Je.- ~œ' .¡il ~M\,er~ 8~i¡JeJ\\.S PUBLIC HEARINGS SA. There are no public hearings scheduled for March 13, 2007. END OF PUBLIC HEARINGS 6~{8 N~\~A) COUNTY AnORNEY rl!\o~m ~~ ì rJJa ChanlfS }o~po5M #eQ,l¡æeJIl0~V06b{úd1tŒ(/ Yj(\",G-r(t,J~ Joint Planning Agreement - City of Port St. tilcie - Consider stðff recommendation to approve the Agreement and authorize the Chairman to sign the Agreement - Consider staff recommendation to approve the Agreement and authorize the Chairman to sign the Agreement. 'I. COUNTY AnORNEY ,\ \ \ ~Mellon Patch Inn, 3601 N. A1A, Fort Pierce - Resolution No. 92-254 - Staff recommends that the Board of 11 '" .,,6\V-~)County Commissioners consider setting a date certain for a public hearing to determine whether to modify or o$i\" 0 revoRe the conditional use pennit. \.£;'f\:;Yo' (,N/Mr.I-i6 :::;.i'5 ~"~ ~ :r~.: 8. ADMINISTRATION Ç:'J ~Ye'? St. Lucie County Cultural Affairs Council Board Vacancies - Staff recommends that the Board vote and ::~:e:.wo at large member> from the a~p'ications (~u~itt~~e ~ural Affair> Council to fill the 1~o p ~~0'\ ~~~~\,~M JL~O~W\ 1)\rok~ CIA \, Ol,Lré \ \ ~a\...1 _2vch'-" / C legular Agenda March II, 2007 Page two ~~ A~~~Ò GROWTH MANAGEMENT Petition of Coast to Coast Investment Properties, LLC for Major Site Plan Approval for the project to be Rnown as Wilson Development for property located in the Kings Highway Industrial ParR on Commercial Circle in the IL (Industrial, Light) Zoning District. Draft Resolution No. 07-037 - Consider staff recommendation to approve Draft Resolution No. 07-037 granting Major Site Plan approval for the project to be I:mown as Wilson Development. 'p.' COUNTY ATTORNEY D \\ ;.. ~(Î(\(r~ster Agreement for Demand Side Management and Energy Efficiency Services - Consider staff \ v.\\Q ~~eM\ commendation to approve the agreement and authorize the Chairman to sign. , --tD \ II. ,)\OADMINISTRATION \\ \\eJ. r~iScussion of the implementation of a Countywide Transferable Development Rights (TDR) program - Staff is rV. ~Q.¡¡\A seeRing direction from the Board. ,2. COUNTY AnORNEY , \'D Resolution No. 07-090 - Authorizing Resolution for Lease Purchase of Certain Water Conservation Equipment (ì ~ ~fc( for Use by the County at the North Rod~ Road Correctional Facility - Consider staff recommendation to adopt {" \ '",,<eX '(J Resolution No. 07-090 and authorize the Chairman to sign the Resolution. ~"" - CONSENT AGENDA I. WARRANTS Approve warrant list No. 23 2. COUNTY AnORNEY A. Ordinance No. 07-013 (f/R/a No. 06-042) - Creating Section 7.10.27 of the Land Development Code- Placement of Communications Systems or Facilities in the Public Rights-of-Way; Permission to advertise - Consider staff recommendation to grant permission to advertise Ordinance No. 07-013. B. Ordinance No. 07-014 (f/R/a Ordinance No. 06-041) - Amending Section 7.10.23 of the Land Development Code - Establish General Guidelines for the Siting of Wireless Telecommunications Towers and Antennas; Permission to advertise - Consider staff recommendation to grant permission to advertise Ordinance No. 07-014. C. Resolution No. 07-084 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County - Consider staff recommendation to approve Resolution No. 07-084 and authorize the ~ Chairman to sign the Resolution. D., Reserve - Conservation Easements; Letter to PGA Village Property Owners Association - Consider staff '\' e l\ nrecommendation to adopt Resolutions No. 07-071 and No. 07-072 accepting the Conservation ~rv\Q~, (L.~ U Easements provided by Reserve Homes, Ltd. and PGA Reserve, Inc., respectively. Staff also /lÄr\~v. recommends that the Board authorize the Chairman to sign the draft letter to PGA Village Property Owners Association, Inc. E. Treasure Coast Connector MarReting Program - First Amendment to November 30, 2006 Subgrant Agreement with Council on Aging of St. Lucie, Inc. - Consider staff recommendation to approve the proposed First Amendment to the November 30, 2006 Subgrant Agreement with Council on Aging of St. Lucie, Inc., and authorize the Chairman to sign the amendment. F. 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. I. MANAGEMENT AND BUDGET A. Permission to Advertise Public Hearing - Consider staff recommendation to authorize the Office of Management and Budget to schedule and advertise a public hearing to amend the budget. B. Request to approve Budget Resolution No. 07-081 - Community Emergency Response Team Grant - Consider staff recommendation to approve Budget Resolution No. 07-08t. C. Approval of Resolution No. 07-085 to establish budget for South Causeway ParR - Consider staff recommendation to approve Resolution No. 07-085. D. Approval of Resolution No. 07-088 to establish budget for LaRe Drive MSBU - Consider staff recommendation to approve Resolution No. 07-088. 4. PARKS AND RECREATION A. St. Lucie County Fairgrounds West Gate Replacement - Consider staff recommendation to approve removal of the existing Fairgrounds west gate located at the PeacocR entrance and replace with an upgraded Reypad entrance system gate. Approval to remove the old asset (gate) and costs from the capital records and replace with the new asset (upgraded gate). Approve 1't Fire & Security to replace the gate at a cost of $7,942.50 and B.A. #07-043. B. Reverse Osmosis Water Treatment Plant Expansion - Assignment of Award of Bid - Consider staff recommendation to approve assignment of bid award (Walsh Environmental) to Interstate Engineering Corp., approve required paperworR as deemed necessary by the Attomeys Office for execution of the assignment, and authorize the Chairman to sign. Consent Agenda March II, 2007 Page Two D RECREATION CONTINUED . Wastewater Treatment Plant Capacity Increase Project - Emergency Operations Center - Fairgrounds \\ · j \ I ì Facility - Consider staff recommendation to approve the Wor~ Authorization with Masteller & Moler, o P L 1\\\ rv . Inc. to provide the engineering services related to the wastewater treatment plant capacity increase, r if- '\ ,:) approve the Development Agreement between the Board of County Commissioners and the County I) AA 0 \IJ \ «ì~\.Utilities Department as drafted by the County Attomey, approve staff's request to go to bid for the CUr ~ t project, approve the use of Par~ UB" Impact Fees in the amount of $299,376 to cover the Fairground -1'0 ( ~\ ù { 66% proportionate sh~re of costs. The Eme.rgency Operations 34% proportionate share of costs in the \ ~ . amount of $154,224 will come from EOC project funds. D. Approve Deductive Change Order for Rodda Construction and Closeout the Contract - Change Order No. 2 - Consider staff recommendation to approve the Deductive Change Order with Rodda Construction (Change Order No.2) in the amount of $20,925.12 and close-out of the contract. Authorize the Chairman to sign the Change Order as approved by the County Attorney. s. SOLID WASTE Request Board approval of Inter-local Agreement with the USDA for non-exclusive use of the St. Lucie County Solid Waste Baling & Recycling Facility - Consider staff recommendation to approve Inter-local Agreement with the USDA for non-exclusive use of the St. Lucie County Solid Waste Baling & Recycling Facility. 6. PUBLIC WORKS A. Engineering Division - First Amendment to Wor~ Authorization No. 25 to the contract for Professional Engineering Services Storm water management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design Update - Consider staff recommendation to approve the First amendment to Wor~ Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for additional geotechnical services for Indian River Estates Phase I Design Update in the amount of $2,519.00, and authorize the Chairman to sign. B. Engineering Division - Approve Change Order No.5 for an extension of time to the South Jen~ins Road Extension project, Contract No. C03-08-480. The project has been completed. The extension allows for the processing of bills and finalization of the paperwor~. No additional costs are associated with Change Order No.5 - Consider staff recommendation to approve and authorize the Chairman to sign Change Order No.5 for an extension of time only to the South Jen~ins Road Extension project, Contract No. C03-08-480, with Ranger Construction Industries, Inc. C. Engineering Division - Change Order No.1 and Final in the amount of $22,416.76 - Indian River Drive Emergency Repairs - Consider staff recommendation to approve Change Order No. 1 and Final in the amount of $22,416.76 - Indian River Drive Emergency Repairs, and authorize the Chairman to sign. D. Engineering Division - Approve Change Order No.2 in the amount of $108.00 to the Edwards Road at Selvitz Road Intersection Improvements project, Contract No. C04-02-124. The project has been completed. Change Order No. 2 is for adjustments to quantities - Consider staff recommendation to approve and authorize the Chair to sign Change Order No. 2 in the amount of $108.00 for a total contract price of $592,706.88 to Ranger Construction Industries, Inc. for the Edwards Road at Selvitz Road Intersection Improvements project, Contract No. C04-02-124. 7. ENVIRONMENTAL RESOURCES A. Approval of State Inmate Wor~ Program Contract - Consider staff recommendation to approve the contract for the State Inmate Wor~ Program in the amount of $61,108 to pay for labor costs that covers the (5) inmates and (1) correctional wor~ squad officer, approve the contract between the State & the County as approved by the County Attomey, and authorize the Chairman to sign the contract. Consent Agenda March II, 2007 Page Three ENVIRONMENTAL RESOURCES CONTINUED B. Staff requests approval of the Second Amendment to the contract (C06-10-557) with RTP Environmental Associates, Inc., to increase the contract amount by $4,000 and to extend the time of performance to March 31, 2007 to provide additional Air Quality Specialist Services to review documents and attend public worRshops pertaining to a Plasma Arc Facility in St. Lucie County - Consider staff recommendation to approve the Second Amendment to the contract (C06-10-557) with RTP Environmental Associates, Inc., to increase the contract amount by $4,000 and to extend the time of performance to March 31, 2007 and authorize the chair to sign the agreement as prepared by the County Attomey's office. NTRAL SERVICES Approve the purchase and installation of a new metal building at the Savanna Campground in the amount of $3,060.00 to replace the vending shed that was destroyed by Hurricane Jeanne - Approve Equipment Request #CSEQ07-313 - Remove the vending shed that was located at the Savanna Campground from the Capital Assets - Consider staff recommendation to approve the purchase of a new metal building (vending shed) in the amount of $3,060.00, for the Savanna Campground and approve Equipment Request #CSEQ07-313. Staff further recommends the Board approve removing the vending shed that was destroyed by the hurricane from Capital Assets. B. Approval to purchase two (2) 4500 T ouch/Prox Kronos Time ClocRs for a combined cost of $8,060.00 ($4,100.00 each) - Approve Equipment Requests #CSEQ07-314 & #CSEQ07-315 - Consider staff recommendation to approve the purchase of two (2) 4500 T ouch/Prox Kronos Time ClocRs for Central Services at a cost of $8,060.00 ($4,100.00 each) and approve Equipment Requests #CSEQ07-314 & #CSEQ07-315. 9. INVESTMENT FOR THE FUTURE A. Central Services - Approve Bid Waiver for Santana/Comtec Industries, Inc. in the amount not to exceed $50,000.00 and authorization to piggybacR the Brevard County School Board contract with Santana/Comtec, Contract #04-029/BM, for restroom renovation at S. County Annex and LaRewood ParR Library - Consider staff recommendation to approve the Bid Waiver for Santana/Comtec Industries, Inc. in the amount not to exceed $50,000.00 and authorization to piggybacR the Brevard County School Board contract with Santana/Comtec, Contract #04-029/BM, for restroom renovation at S. County Annex and LaRewood ParR Library, and authorize the Chair to sign the contract as prepared by the County Attorney. B. Central Services - Wind Chill Mechanical-Concourse Rooftop A/C Unit Replacement - Change Order No. 2 to #C06-08-495 - Consider staff recommendation to approve Change Order No.2 to #C06-08- 495, Wind Chill Mechanical, to increase the contract time sixty (60) days, for a completion date of May 6, 2007, and authorize the Chair to sign the Change Order as prepared by the County Attorney. 10. GRANTS A. Authorize the preparation of a grant application by County staff to be submitted by the City of Fort Pierce to apply for a grant in the amount of $200,000 from the Florida Department of Environmental Protection _ Recreational Trails Program. Grant funds, to be matched 1:1 by St. Lucie County, will be utilized to construct and renovate pedestrian trails and bridges at the Savannas Recreation Area. The proposed trail will eventually connect with a system of trails in the Savannas Preserve State ParR - Consider staff recommendation to approve the submittal of the grant application to the Florida Department of Environmental Protection - Recreational Trails Program and the match of $200,000 to be proposed in the 2007-2008 budget. Consent Agenda March 12, 200'1 Page Four GRAN" CONTINUED B. Authorize the submittal of the Emergency Medical Services Grant to the Florida Department of Health for funding of $95,257. Also approve Resolution 07-086, which is required for the grant application - Consider staff recommendation to authorize the submittal of the grant application to the Bureau of Emergency Medical Services, the approval of the attached Resolution 07-086, and the acceptance of the grant if awarded. It. PARKS REFERENDUM Approve WorR Authorization No. 1 - Glatting JacRson - SRate ParR - Consider staff recommendation to approve WorR Authorization No.1 in the amount of $66,979.00 with Clotting JacRson Kercher Anglin (Contract C06-08-473) to complete the Master Plan and Design documents for the St. Lucie SRate ParR to be located at the Lawnwood Complex Messier and authorize the Chairman to sign. 12. VETERANS SERVICES Request to approve Budget Amendment No. 07-045, Equipment Request No. EQ07-316, and the agreement with the United Veterans of St. Lucie County for an interest-free loan from the BOCC General Fund - Contingency - Consider staff recommendation to approve Budget Amendment No. 07-045, Equipment Request No. EQ07-136, and authorize the Chair to sign the agreement with the United Veterans of St. Lucie County as prepared by the County Attorney's office. II. CULTURAL AFFAIRS A. Authorize the Chair to sign the grant application to the Florida Humanities Council for a traveling Zora Neale Hurston exhibit and play - Consider staff recommendation to authorize the Chair to sign the grant application to the Florida Humanities Council for a traveling Zora Neale Hurston exhibit and play. B. Authorize UDT -SEAL Museum to serve Beer and Wine at the Open House on March 23, 2007 - Consider staff recommendation to authorize the serving of Beer and Wine at the UDT SEAL Museum Open House event to be held on March 23, 2007 from 5:30 PM to 7:30 PM. 14. PURCHASING A. First Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05- 284 with The Hanley-Martin Corp. and Contract C06-05-274 with Sunshine Land Design for Concrete, Culvert and Asphalt Installation - Consider staff recommendation to approve the First Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley- Martin Corp. and Contract C06-05-274 with Sunshine Land Design and permission for the Chairman to sign the amendments as prepared by the County Attomey. B. Approval of the Third Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. for the purchase of shell rocR material and FDOT base coquina rocR - Consider staff recommendation to approve the Third Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. exercising the second renewal option and allowing a price increase. Staff also recommends Board approval for the Chairman to sign the amendment as prepared by the County Attorney. C. Award of Invitation to Bid #07-027, Purchase of Sign Posts, Sign Hardware, Signs and Sign BlanRs to the lowest responsible, responsive bidder, Universal Signs and Accessories, Inc. - Consider staff recommendation to award of Invitation to Bid #07-027, Purchase of Sign Posts, Sign Hardware, Signs and Sign BlanRs to the lowest responsible, responsive bidder, Universal Signs and Accessories, Inc., and authorization for the Chairman to sign the contract as prepared by the County Attomey. Consent Agenda March II, 200'1 Page Five PURCHASING CONTINUED D. Award of Invitation to Bid #DRP #2 to the lowest responsible, responsive bidder, Alton Silver Homes Corporation _ The St. Lucie County Citizens' Advisory T aSR Force for the CDBG program requests Board approval to award Invitation to Bid #DRP#2 Demo Replacement Project to the lowest responsible, responsive bidder, Alton Silver Homes Corporation, for the total amount of $133,500.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney. E. Assignment of Contract C05-06-318 (accounts receivable only) with Global Graphics, LLC to Riviera Finance _ Consider staff recommendation to approve the assignment of contract C05-06-318 (accounts receivable only) with Global Graphics, LLC to Riviera Finance and authorize the Chairman to sign the assignment as prepared by the County Attomey. F. Purchase Agreement with Office Products & Services, Inc. (representing The Hon/Allsteel & GunlocRe Companies) _ Consider staff recommendation to approve the purchase agreement with Office Products & Services, Inc. (representing The Hon/Allsteel & GunlocRe Companies) from April 1, 2007 through March 31, 2008, and authorization for the Chairman to sign the agreement as prepared by the County Attomey. G. Award of Invitation to Bid #IFB#27 to the lowest responsible, responsive bidder, Angus Enterprises, Inc. _ The St. Lucie County Citizens' Advisory TasR Force for the CDBG program requests Board approval to exceed the previously established amount of $39,999 per unit for rehabilitation projects of CDBG and award IFB #27, Housing Rehabilitation Project to the lowest responsive responsible, bidder, Angus Enterprises, Inc., for the total amount of $68,950.00 and authorization for the Chairman to sign the contract as prepared by the County Attorney. IS. COMMISSIONER GRANDE Ratify committee appointments - Consider staff recommendation to ratify Comm. Grande appointment of Pieter StryRer to the Housing Finance Authority. 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 Director at (712) 462-1m or TDD (712) 462-1428 at least forty-eight (48) hours prior to the meeting. - .liT ANNOUNCEMENTS March II, 2007 - Jill 1. A public meeting will be held on Wednesday, March 14, 2007, at 6:00 p.m. to introduce new Noise Officer, Joe Arbeit, and Vic Johnson with Falcon Airline Academy at the Airport Administrative Offices, St. Lucie County International Airport, 3000 Curtis King Boulevard, Fort Pierce, FL. Contact 772 462-1732 if there are any questions. 2. The Board of County Commissioners regular meeting on March 20, 2007 will begin at 3:00p.m, brea\:? at 5:00 p.m. and reconvene at 6:00 p.m. 3. The Board of County Commissioners regular meeting on March 27, 2007 will begin at 3:00 p.m., brea\:? at 5:00 p.rn. and reconvene at 6:00 p.m. for the special meeting to adopt the Grande Beach and Airport Master Plan Comprehensive Plan Amendments. 4. A Wor\:?shop will be held on Thursday, March 22, 2007 at 6:30 PM at La\:?ewood Par\:? Elementary School located at 7800 Indrio Road to discuss Rural Land Stewardship. The Planning & Zoning Board and Environmental Advisory Committee have been invited to attend and to participate in discussion. Interested citizens are welcome to attend. The wor\:?shop will cover the pending applications for designation of the Stewardship Sending Area (SSA) for Adams Ranch and the Stewardship Receiving Area (SRA) for Cloud Grove. 5. The Board of County Commissioners will hold a Monthly Informal Meeting on Friday, March 23, 2007 at 9:00 a.m. in the Conference Room #3. 6. UDT SEAL Museum and North Beach Homeowners Association invite everyone to an Open House at the SEAL Museum located at 3300 North A1A, North Hutchinson Island Friday, March 23, 2007 5:30 p.m. to 7:30 p.m. For More Info Call 772/595-5845 7. Learn about ¡¡Water in the Urban Environment" during St Lucie County's Annual Ag Tour! On Friday, April 20, 2007, the St. Lucie County Agricultural Extension Advisory Council presents their Annual St. Lucie County Ag Tour. Collaborating agencies include USDA, University of Florida Indian River Research & Education Center, South Florida Water Management District, and the St Lucie West Services District. Our theme is ¡¡Water in the Urban Environment." We invite you to experience this exciting and educational event as we tour locations which highlight one of St. Lucie County's most precious resources: Water. 8. The St. Lucie County Veterans Services Department and the United Veterans will hold the 16th annual United Veterans Golf Classic on April 21, 2007 at Fairwinds Golf Course. For more information contact Veterans Services at 337-5670. 9. The St. Lucie County Master Gardeners are holding their ¡¡Spring Into Gardening Festival" on Saturday, April 28, 2007 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension Office on Picos Road. For more information contact the Extension Office at 462-1660. 10. The Board of County Commissioners will hold a Wor\:?shop on Homeland Security on Monday, April 30, 2007 at 2:00 p.m. in the County Commission Chambers. 11. The Board of County Commissioners Budget Wor\:?shops will begin Thursday, July 19, 2007 and run through Wednesday, July 25, 2007. 12. The July 10th Regular Board of County Commissioners Meeting and the July 17th Regular Board of County Commissioners meeting have been canceled due to lac\:? of quorum. Three Commissioners will be attending the Airport Conference on July 10th and three Commissioners will be attending the National Association of Counties (NACO) Conference on July 17th. 13. The Board of County Commissioners will hold a Budget Millage Adoption Meeting on July 31, 2007 at 9:00 a.m. in the County Commission Chambers. 14. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2007 at 6:00 p.m. 15. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.m. . a-,..__.....c.w..- Paula A. Lewis, Chairman Doug Coward, Vice Chairman Joseph E. Smith Charles Grande Chris Craft District No. I District No.2 District No. I District No.4 District No. S AGENDA March II, 2007 I{liJ MINUTES ~ ~ V ~",D Approve the minutes from the meeting held on February 27, 2007 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. J ~~~~ WARRANTS LIST Approve warrants List No. 22 and 23. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal?en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ?"' .i\li...JÞ~~~,~-~ . '" .... .......... ........ ....... Charle. Grande, Chairman Chris Craft, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis District No.4 District No.5 District No. I District No.2 District No. I AGENDA March II, 2007 I. ó'I~MINUTES ~~~~A) Approve the minutes from the meeting held on February 27, 2007 I) 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. ~ WARRANTS LIST NQ(~A) Approve Warrants List No. 22 and 23. 2. PUBLIC WORKS 1~l1J Accept a $500 donation from the Marine Industries Association of the Treasure Coast (MIA- TC) for the ~\)~ \~ A) St. Lucie County Artificial Reef Program - Consider staff recommendation to accept the Marine í f) Industries Association of the Treasure Coast donation, in the amount of $500, along with the corresponding Budget Resolution No. 07-007, and execution of said Resolution by the Chairman. B. \\ Artificial Reef Orant Program: Approval to submit artificial reef grant applications for construction and \\1 () n \ 'eW 7ì monitoring to the Florida Fish and Wildlife Conservation Commission (FWC) - Consider staff ",Q\ \ \J'I L ¡IV recommendation to submit construction and monitoring artificial reef grant applications to the Florida " '~) Fish and Wildlife Conservation Commission for fiscal year 2007-2008. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (m) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. March II, 2007 ..00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA _ These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA _ Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS _ These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and 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) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us Chris Craft, Chairman Joseph E. Smith, Vice Chairman Doug Coward Paula A. Lewis Charles Grande District No. S District No. I District No.2 District No. I District No.4 March II, 2007 9.00 A.M. MINUTES Approve the minutes from the March 5, 2007 meeting. Approve the minutes from the March 6, 2007 meeting. 2. PROCLAMATIONs/PRESENTATIONS P' '71 vø¡ A. Budget Resolution No. 07-087 to accept a donation of $26,648.00 from the United Veterans of St. Lucie County to the St. Lucie County Board of County Commissioners. The contribution will be used to pay for the purchase of a multi-passenger van - Consider staff recommendation to approve Budget Resolution No. 07-087 and Equipment Request No. EQ07-317. I. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ~ In PUBLIC HEARINGS vß (!W~þ¡ " ¿ f~~/~ 6. COUNTY AnORNEY C- ~ /J Joint Planning Agreement - City of Port St. Lucie - Consider staff recommendation to approve the Agreement and authorize the Chairman to sign the Agreement - Consider staff recommendation to approve the Agreement and authorize the Chairman to sign the Agreementl1 /'1 <:. f, (.I)" A. . , J.iLA/vt ,.I b - t.¡ , ..~ 4 -- 5~/-rI-- COUNTY AnORNEY - ~ r~ ·<.JCAt:.- ,. / Mellon Patch Inn, 3601 N. A1A, Fort Pierce - Resolution No. 92-254 - Staff recommends that the Board of County Commissioners consider setting a date certain for a public hearing to determine whether to modify or rev ORe the conditional use permit. SA. There are no public hearings scheduled for March 13, 2007. END OF PUBLIC HEARINGS vi / ADMINISTRATION St. Lucie County Cultural Affairs Council Board Vacancies - Staff recommends that the Board vote and appoint two at large members from the applications submitted to the Cultural Affairs Council to fill the vacancies. Regular Agenda March II, 200'1 pagjO V ~ROWTH MANAGEMENT Petition of Coast to Coast Investment Properties, LLC for Major Site Plan Approval for the project to be I:mown as Wilson Development for property located in the Kings Highway Industrial ParR on Commercial Circle in the IL (Industrial, Light) Zoning District. Draft Resolution No. 07-037 - Consider staff recommendation to approve Draft Resolution No. 07-037 granting Major Site Plan approval for the project to be Rnown as Wilson Development. /10. Ä Y;:. COUNTY AnORNEY Master Agreement for Demand Side Management and Energy Efficiency Services - Consider staff recommendation to approve the agreement and authorize the Chairman to sign. ADMINISTRATION Discussion of the implementation of a CountyvJide Transferable Development Rights (TDR) program - Staff is seeRing direction from the Board. 12. COUNTY AnORNEY Resolution No. 07-090 - Authorizing Resolution for Lease Purchase of Certain Water Conservation Equipment for Use by the County at the North RocR Road Correctional Facility - Consider staff recommendation to adopt Resolution No. 07-090 and authorize the Chairman to sign the Resolution. CONSENT AGENDA ""'~ I. WARRANTS Approve warrant list No. 23 COUNTY AnORNEY A. Ordinance No. 07-013 (f/R/a No. 06-042) - Creating Section 7.10.27 of the Land Development Code - Placement of Communications Systems or Facilities in the Public Rights-of-Way; Permission to advertise - Consider staff recommendation to grant permission to advertise Ordinance No. 07-013. Ordinance No. 07-014 (f/R/a Ordinance No. 06-041) - Amending Section 7.10.23 of the Land Development Code - Establish General Guidelines for the Siting of Wireless Telecommunications Towers and Antennas; Permission to advertise - Consider staff recommendation to grant permission to advertise Ordinance No. 07-014. Resolution No. 07-084 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County - Consider staff recommendation to approve Resolution No. 07-084 and authorize the Chairman to sign the Resolution. Reserve - Conservation Easements; Letter to PGA Village Property Owners Association - Consider staff recommendation to adopt Resolutions No. 07-071 and No. 07-072 accepting the Conservation Easements provided by Reserve Homes, Ltd. and PGA Reserve, Inc., respectively. Staff also recommends that the Board authorize the Chairman to sign the draft letter to PGA Village Property Owners Association, Inc. Treasure Coast Connector MarReting Program - First Amendment to November 30, 2006 Subgrant Agreement with Council on Aging of St. Lucie, Inc. - Consider staff recommendation to approve the proposed First Amendment to the November 30, 2006 Subgrant Agreement with Council on Aging of St. Lucie, Inc., and authorize the Chairman to sign the amendment. 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. 2. B. C. D./ Ø/¥ (1ýf E. F. I. MANAGEMENT AND BUDGET A. Permission to Advertise Public Hearing - Consider staff recommendation to authorize the Office of Management and Budget to schedule and advertise a public hearing to amend the budget. B. Request to approve Budget Resolution No. 07-081 - Community Emergency Response Team Grant - Consider staff recommendation to approve Budget Resolution No. 07-08t. C. Approval of Resolution No. 07-085 to establish budget for South Causeway ParR - Consider staff recommendation to approve Resolution No. 07-085. D. Approval of Resolution No. 07-088 to establish budget for LaRe Drive MSBU - Consider staff recommendation to approve Resolution No. 07-088. 4. PARKS AND RECREATION A. St. Lucie County Fairgrounds West Gate Replacement - Consider staff recommendation to approve removal of the existing Fairgrounds west gate located at the PeacocR entrance and replace with an upgraded Reypad entrance system gate. Approval to remove the old asset (gate) and costs from the capital records and replace with the new asset (upgraded gate). Approve 1st Fire & Security to replace the gate at a cost of $7,94250 and B.A. #07-043. B. Reverse Osmosis Water Treatment Plant Expansion - Assignment of Award of Bid - Consider staff recommendation to approve assignment of bid award (Walsh Environmental) to Interstate Engineering Corp., approve required paperworR as deemed necessary by the Attorneys Office for execution of the assignment, and authorize the Chairman to sign. Con.ent Agenda March II, 200'1 Page Two PARK' AND RECREADON CONTINUED / I ~ C. Wastewater Treatment Plant Capacity Increase Project - Emergency Operations Center - Fairgrounds Facility _ Consider staff recommendation to approve the WorR Authorization with Masteller & Moler, Inc. to provide the engineering services related to the wastewater treatment plant capacity increase, approve the Development Agreement between the Board of County Commissioners and the County Utilities Department as drafted by the County Attorney, approve staff's request to go to bid for the project, approve the use of ParR uB" Impact Fees in the amount of $299,376 to cover the Fairground 66% proportionate share of costs. The Emergency Operations 34% proportionate share of costs in the amount of $154,224 will come from EOC project funds. D. Approve Deductive Change Order for Rodda Construction and Closeout the Contract - Change Order No. 2 _ Consider staff recommendation to approve the Deductive Change Order with Rodda Construction (Change Order No.2) in the amount of $20,925.12 and close-out of the contract. Authorize the Chairman to sign the Change Order as approved by the County Attorney. s. SOLID WASTE Request Board approval of Inter-local Agreement with the USDA for non-exclusive use of the St. Lucie County Solid Waste Baling & Recycling Facility - Consider staff recommendation to approve Inter-local Agreement with the USDA for non-exclusive use of the St. Lucie County Solid Waste Baling & Recycling Facility. 6. PUBLIC WORKS A. Engineering Division - First Amendment to WorR Authorization No. 25 to the contract for Professional Engineering Services Stormwater management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design Update - Consider staff recommendation to approve the First amendment to WorR Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for additional geotechnical services for Indian River Estates Phase I Design Update in the amount of $2,519.00, and authorize the Chairman to sign. B. Engineering Division - Approve Change Order No.5 for an extension of time to the South JenRins Road Extension project, Contract No. C03-08-480. The project has been completed. The extension allows for the processing of bills and finalization of the paperworR. No additional costs are associated with Change Order No.5 - Consider staff recommendation to approve and authorize the Chairman to sign Change Order No.5 for an extension of time only to the South JenRins Road Extension project, Contract No. C03-0a-480, with Ranger Construction Industries, Inc. C. Engineering Division - Change Order No.1 and Final in the amount of $22,416.76 - Indian River Drive Emergency Repairs - Consider staff recommendation to approve Change Order No.1 and Final in the amount of $22,416.76 - Indian River Drive Emergency Repairs, and authorize the Chairman to sign. D. Engineering Division - Approve Change Order No.2 in the amount of $108.00 to the Edwards Road at Selvitz Road Intersection Improvements project, Contract No. C04-02-124. The project has been completed. Change Order No. 2 is for adjustments to quantities - Consider staff recommendation to approve and authorize the Chair to sign Change Order No. 2 in the amount of $108.00 for a total contract price of $592,706.88 to Ranger Construction Industries, Inc. for the Edwards Road at Selvitz Road Intersection Improvements project, Contract No. C04-02-124. 'I. ENVIRONMENTAL RESOURCES A. Approval of State Inmate WorR Program Contract - Consider staff recommendation to approve the contract for the State Inmate WorR Program in the amount of $61,108 to pay for labor costs that covers the (5) inmates and (1) correctional worR squad officer, approve the contract between the State & the County as approved by the County Attomey, and authorize the Chairman to sign the contract. Consent Agenda March II, 2007 Page Three ENVIRONMENTAL RESOURCES CONTINUED B. Staff requests approval of the Second Amendment to the contract (C06-10-557) with RTP Environmental Associates, Inc., to increase the contract amount by $4,000 and to extend the time of performance to March 31, 2007 to provide additional Air Quality Specialist Services to review documents and attend public worRshops pertaining to a Plasma Arc Facility in St. Lucie County - Consider staff recommendation to approve the Second Amendment to the contract (C06-10-557) with RTP Environmental Associates, Inc., to increase the contract amount by $4,000 and to extend the time of performance to March 31, 2007 and authorize the chair to sign the agreement as prepared by the County Attorney's office. r CENTRAL SERVICES / &lJA. Approve the purchase and installation of a new metal building at the Savanna Campground in the l. amount of $3,060.00 to replace the vending shed that was destroyed by Hurricane Jeanne - Approve Equipment Request #CSEQ07-313 - Remove the vending shed that was located at the Savanna Campground from the Capital Assets - Consider staff recommendation to approve the purchase of a new metal building (vending shed) in the amount of $3,060.00, for the Savanna Campground and approve Equipment Request #CSEQ07-313. Staff further recommends the Board approve removing the vending shed that was destroyed by the hurricane from Capital Assets. B. Approval to purchase two (2) 4500 T ouch/Prox Kronos Time ClocRs for a combined cost of $8,060.00 ($4,100.00 each) - Approve Equipment Requests #CSEQ07-314 & #CSEQ07-315 - Consider staff recommendation to approve the purchase of two (2) 4500 T ouch/Prox Kronos Time ClocRs for Central Services at a cost of $8,060.00 ($4,100.00 each) and approve Equipment Requests #CSEQ07-314 & #CSEQ07-315. 9. INVESTMENT FOR THE FUTURE A. Central Services - Approve Bid Waiver for Santana/Comtec Industries, Inc. in the amount not to exceed $50,000.00 and authorization to piggybacR the Brevard County School Board contract with Santana/Comtec, Contract #04-029/BM, for restroom renovation at S. County Annex and LaRewood ParR Library - Consider staff recommendation to approve the Bid Waiver for Santana/Comtec Industries, Inc. in the amount not to exceed $50,000.00 and authorization to piggybacR the Brevard County School Board contract with Santana/Comtec, Contract #04-029/BM, for restroom renovation at S. County Annex and LaRewood ParR Library, and authorize the Chair to sign the contract as prepared by the County Attorney. B. Central Services - Wind Chill Mechanical-Concourse Rooftop A/C Unit Replacement - Change Order No. 2 to #C06-08-495 - Consider staff recommendation to approve Change Order No.2 to #C06-08- 495, Wind Chill Mechanical, to increase the contract time sixty (60) days, for a completion date of May 6, 2007, and authorize the Chair to sign the Change Order as prepared by the County Attorney. 10. GRANTS A. Authorize the preparation of a grant application by County staff to be submitted by the City of Fort Pierce to apply for a grant in the amount of $200,000 from the Florida Department of Environmental Protection _ Recreational Trails Program. Grant funds, to be matched 1:1 by St. Lucie County, will be utilized to construct and renovate pedestrian trails and bridges at the Savannas Recreation Area. The proposed trail will eventually connect with a system of trails in the Savannas Preserve State ParR - Consider staff recommendation to approve the submittal of the grant application to the Florida Department of Environmental Protection - Recreational Trails Program and the match of $200,000 to be proposed in the 2007-2008 budget. Consent Agenda March 12, 200'1 Page Four GRAN" CONTINUED B. Authorize the submittal of the Emergency Medical Services Grant to the Florida Department of Health for funding of $95,257. Also approve Resolution 07-086, which is required for the grant application - Consider staff recommendation to authorize the submittal of the grant application to the Bureau of Emergency Medical Services, the approval of the attached Resolution 07-086, and the acceptance of the grant if awarded. II. PARKS REFERENDUM Approve WorR Authorization No. 1 - Glatting JacRson - SRate ParR - Consider staff recommendation to approve WorR Authorization No.1 in the amount of $66,979.00 with Glotting JacRson Kercher Anglin (Contract C06-08-473) to complete the Master Plan and Design documents for the St. Lucie SRate ParR to be located at the Lawnwood Complex Messier and authorize the Chairman to sign. 12. VETERANS SERVICES Request to approve Budget Amendment No. 07-045, Equipment Request No. EQ07-316, and the agreement with the United Veterans of St. Lucie County for an interest-free loan from the BOCC General Fund - Contingency _ Consider staff recommendation to approve Budget Amendment No. 07-045, Equipment Request No. EQ07-136, and authorize the Chair to sign the agreement with the United Veterans of St. Lucie County as prepared by the County Attomey)s office. II. CULTURAL AFFAIRS A. Authorize the Chair to sign the grant application to the Florida Humanities Council for a traveling Zora Neale Hurston exhibit and play - Consider staff recommendation to authorize the Chair to sign the grant application to the Florida Humanities Council for a traveling Zora Neale Hurston exhibit and play. B. Authorize UDT -SEAL Museum to serve Beer and Wine at the Open House on March 23, 2007 - Consider staff recommendation to authorize the serving of Beer and Wine at the UDT SEAL Museum Open House event to be held on March 23, 2007 from 5:30 PM to 7:30 PM. 14. PURCHASING A. First Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05- 284 with The Hanley-Martin Corp. and Contract C06-05-274 with Sunshine Land Design for Concrete, Culvert and Asphalt Installation - Consider staff recommendation to approve the First Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley- Martin Corp. and Contract C06-05-274 with Sunshine Land Design and permission for the Chairman to sign the amendments as prepared by the County Attomey. B. Approval of the Third Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. for the purchase of shell rocR material and FDOT base coquina rocR - Consider staff recommendation to approve the Third Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. exercising the second renewal option and allowing a price increase. Staff also recommends Board approval for the Chairman to sign the amendment as prepared by the County Attorney. C. Award of Invitation to Bid #07-027, Purchase of Sign Posts, Sign Hardware, Signs and Sign BlanRs to the lowest responsible, responsive bidder, Universal Signs and Accessories, Inc. - Consider staff recommendation to award of Invitation to Bid #07-027, Purchase of Sign Posts, Sign Hardware, Signs and Sign BlanRs to the lowest responsible, responsive bidder, Universal Signs and Accessories, Inc., and authorization for the Chairman to sign the contract as prepared by the County Attorney. Consent Agenda March II, 200'1 Page Flue PURCHASING CONTINUED D. Award of Invitation to Bid #DRP #2 to the lowest responsible, responsive bidder, Alton Silver Homes Corporation - The St. Lucie County Citizens' Advisory T aSR Force for the CDBG program requests Board approval to award Invitation to Bid #DRP#2 Demo Replacement Project to the lowest responsible, responsive bidder, Alton Silver Homes Corporation, for the total amount of $133,500.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney. E. Assignment of Contract C05-06-318 (accounts receivable only) with Global Graphics, LLC to Riviera Finance - Consider staff recommendation to approve the assignment of contract C05-06-318 (accounts receivable only) with Global Graphics, LLC to Riviera Finance and authorize the Chairman to sign the assignment as prepared by the County Attomey. F. Purchase Agreement with Office Products & Services, Inc. (representing The Hon/Allsteel & GunlocRe Companies) - Consider staff recommendation to approve the purchase agreement with Office Products & Services, Inc. (representing The Hon/Allsteel & GunlocRe Companies) from April 1, 2007 through March 31, 2008, and authorization for the Chairman to sign the agreement as prepared by the County Attorney. G. Award of Invitation to Bid #IFB#27 to the lowest responsible, responsive bidder, Angus Enterprises, Inc. _ The St. Lucie County Citizens' Advisory TasR Force for the CDBG program requests Board approval to exceed the previously established amount of $39,999 per unit for rehabilitation projects of CDBG and award IFB #27, Housing Rehabilitation Project to the lowest responsive responsible, bidder, Angus Enterprises, Inc., for the total amount of $68,950.00 and authorization for the Chairman to sign the contract as prepared by the County Attomey. 15. COMMISSIONER GRANDE Ratify committee appointments - Consider staff recommendation to ratify Comm. Grande appointment of Pieter StryRer to the Housing Finance Authority. 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 Director at (772) 462-1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 1. 2. 3. 4. 5. 6. ANNOUNCEMENTS March II, 2007 -;U 7. A public meeting will be held on Wednesday, March 14, 2007, at 6:00 p.m. to introduce new Noise Officer, Joe Arbeit and Vic Johnson with falcon Airline Academy at the Airport Administrative Offices, St. Lucie County Intern~ional Airport, 3000 Curtis King Boulevard, Fort Pierce, FL. Contact m 462-1732 if there are any questions. The Board of County Commissioners regular meeting on March 20, 2007 will begin at 3:00p.m, breaR at 5:00 p.m. and reconvene at 6:00 p.m. The Board of County Commissioners regular meeting on March 27, 2007 will begin at 3:00 p.m., breaR at 5:00 p.m. and reconvene at 6:00 p.m. for the special meeting to adopt the Grande Beach and Airport Master Plan Comprehensive Plan Amendments. A WorRshop will be held on Thursday, March 22, 2007 at 6:30 PM at LaRewood ParR Elementary School located at 7800 Indrio Road to discuss Rural Land Stewardship. The Planning & Zoning Board and Environmental Advisory Committee have been invited to attend and to participate in discussion. Interested citizens are welcome to attend. The worRshop will cover the pending applications for designation of the Stewardship Sending Area (SSA) for Adams Ranch and the Stewardship Receiving Area (SRA) for Cloud Grove. The Board of County Commissioners will hold a Monthly Informal Meeting on friday, March 23, 2007 at 9:00 a.m. in the Conference Room #3. UDT SEAL Museum and North Beach Homeowners Association invite everyone to an Open House at the SEAL Museum located at 3300 North A1A, North Hutchinson Island friday, March 23, 2007 5:30 p.m. to 7:30 p.m. For More Info Call 772/595-5845 Learn about "Water in the Urban Environment" during St Lucie County's Annual Ag Tour! On Friday, April 20, 2007, the St. Lucie County Agricultural Extension Advisory Council presents their Annual St. Lucie County Ag Tour. Collaborating agencies include USDA, University of Florida Indian River Research & Education Center, South Florida Water Management District, and the St Lucie West Services District. Our theme is "Water in the Urban Environment." We invite you to experience this exciting and educational event as we tour locations which highlight one of St. Lucie County's most precious resources: Water. The St. Lucie County Veterans Services Department and the United Veterans will hold the 16th annual United Veterans Golf Classic on April 21, 2007 at Fairwinds Golf Course. For more information contact Veterans Services at 337-5670. The St. Lucie County Master Gardeners are holding their "Spring Into Gardening Festival" on Saturday, April 28, 2007 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension Office on Picos Road. For more information contact the Extension Office at 462-1660. The Board of County Commissioners will hold a WorRshop on Homeland Security on Monday, April 30, 2007 at 2:00 p.m. in the County Commission Chambers. The Board of County Commissioners Budget WorRshops will begin Thursday, July 19, 2007 and run through Wednesday, July 25, 2007. The July 10th Regular Board of County Commissioners Meeting and the July 17th Regular Board of County Commissioners meeting have been canceled due to lacR of quorum. Three Commissioners will be attending the Airport Conference on July 10th and three Commissioners will be attending the National Association of Counties (NACO) Conference on July 17th. The Board of County Commissioners will hold a Budget Millage Adoption Meeting on July 31, 2007 at 9:00 a.m. in the County Commission Chambers. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2007 at 6:00 p.m. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.m. 8. 9. 10. 11. 12. 13. 14. 15. .-.......CMIøI..- Paula A. Lewis, Chairman Doug Coward, Vice Chairman Joseph E. Smith Charles Grande Chris Craft District No. I District No.2 District No. I District No.4 District No. S AGENDA March II, 200'1 I. MINUTES Approve the minutes from the meeting held on February 27, 2007 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 22 and 23. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1m or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ~ ,.W «''''' a-" -...: 0 ..." "....' ' " ",' , ' "" ~ ,..' :" è K\ " .~. _) ,". - ." "", - i -. . .' * , Charles Grande, Chairman Chris Craft, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis District No.4 District No.5 District No. I District No.2 District No. I AGENDA March II, 2007 I. MINUTES Approve the minutes from the meeting held on February 27, 2007 :L GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 22 and 23. 2. PUBLIC WORKS A. Accept a $500 donation from the Marine Industries Association of the Treasure Coast (MIA- TC) for the St. Lucie County Artificial Reef Program - Consider staff recommendation to accept the Marine Industries Association of the Treasure Coast donation, in the amount of $500, along with the corresponding Budget Resolution No. 07-007, and execution of said Resolution by the Chairman. B. Artificial Reef Grant Program: Approval to submit artificial reef grant applications for construction and monitoring to the Florida Fish and Wildlife Conservation Commission (FWC) - Consider staff recommendation to submit construction and monitoring artificial reef grant applications to the Florida Fish and Wildlife Conservation Commission for fiscal year 2007-2008. 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 Director at (m) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. , , BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 6, 2007 Convened: 3:00 p.m. Adjourned: 9:45 p.m. Commissioners Present: Chris Craft, Chairman, Paula A. Lewis, Doug Coward, Charles Grande, Joseph Smith, absent due to illness Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Robert Nix, Growth Management Director, Hank Flores, Senior Planner, Lauri Case, Utilities Director, Debra Brisson, Parks and Recreation Director, Vanessa Bessey, Environmental Resources Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the meeting held on February 27,2007, and; upon roll call, motion carried unanimously. 2., PROCLAMA TIONS/PRESENT A TIONS A. Resolution No. 07-083- Proclaiming the week of March 13,2007 through March 19,2007 as "Surveyor's Week" in St. Lucie County- Consider staff recommendation to approve Resolution No. 07-083. It was moved by Com. Lewis, seconded by Com. Grande, to approve Resolution No. 07- 083, and; upon roll call, motion carried unanimously. Mr. Charles Arnold, Culpepper & Terpening accepted the proclamation. 3. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board with regards to much being removed from our port and it being used for development fill. 4. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 22. 2. COUNTY ATTORNEY A. Resolution No. 07-304- 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. B. Resolution No. 07-082- Extension of Open Air Burning- The Board approved Resolution No. 07-082 and authorized the Chairman to sign the Resolution. 1 03/02/07 . FZABWARR FUND 001 001001 001124 001164 001167 001172 001174 001177 001179 001180 001192 001278 001404 001412 001415 001423 101 101001 101002 101003 101004 101006 101213 101214 " .001 105 107 107001 107002 107006 123 126 130 140 140001 140128 140131 140322 140327 140334 140335 140337 150 160 183 183004 183006 ST. LUCIE COUNTY - BOARD WARRANT LIST #22- 24-FEB-2007 TO 02-MAR-2007 FUND SUMMARY TITLE General Fund Recreation Special Events FTA USC Section 5307 FY 99/00 USDOJ Violence Against Women Grant FTA Section 5~03 Grant FY 05 CDBG Grant FY 05 FHFC Disaster Relief Grant Section 112/MPO/FHWA/Planning 2006 CSBG FY 06 us Dept Housina HUD Shêlt.~ ~~~ø G. CSÐa ara.nt FY07 S~. Lucie County Mental Health Coll 05 CDBG Sup Disaster Recovery CTD Medicaid Non-Emrg Grant FY 07 TDC Planning Grant FY 07 DCA-Construction Mitigation Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Consti,tut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT 25th St. Widening FDOT US1 & Indrio Road Construction Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Court Related Technology Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting SLC Public Transit MSTU Port & Airport Fund Port Fund Industrial Park Wèst-EDA Design Parallel Runway 9L/27R . Industrial Park West Development FDOT Access Roads Ph.2 A/P IPW Const. Apron & Environmental Mitiga Parallel Runway Design-9L/27R Install Perimeter Fencing #412400 Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund EXPENSES 2,884,605.29 150.00 16,910.00 16,148.97 205.56 2,336.95 10,360.00 2,060.46 394.27 515.43 932.79 437.60 16,249.96 54,570.25 275.10 343.7G 30,408.88 50.00 61,484.11 64,927.13 24,439.37 19,264.15 44.3,527.07 103,572.00 56,543.25 79,589.78 53.48 3,527,351. 95 370.87 1,128.44 16,399.14 350.69 119.89 2,997.08 54,134.80 5,386.54 194,116.95 151,828.36 3,062.07 226,822.15 4,325.00 7,990.97 3,799.84 2,348.29 1,448.77 1,080.77 3,219.95 31,500.00 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 03/02/07 FZABWARR FUND 184211 185006 185007 185008 216 310002 315 316 317 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 655 679 692 693 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #22- 24-FEB-2007 TO 02-MAR-2007 FUND SUMMARY TITLE FDEP South SLC Beach Restoration FHFA SHIP FY05/06 FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery County Capital I&S Impact Fees-Parks County Building Fund County Capital County Capital-St Revenue Share Bnd Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital F~cilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Insurance Agency Fund Lost Tree Estates Fund Anita Street MSBU Fund Timberlake Estates MSBU Ideal Holding ~oad MSÐU Westglen MSBU Bank Fund GRAND TOTAL EXPENSES 260,393.34 10,360.00 803.28 1,902.59 14,424.00 400.00 3,864.61 17,742.05 750.00 97,397.95 24,818.07 1,861.33 455.14 37,964.80 15,753.63 724.87 14,634.78 48,428.04 169,558.14 1,113,892.32 6,043.18 1,110.59 665.00 166,443.68 348.95 347.77 1-,855.31- 897.44 7:1.9.26 56,934.79 10,201,174.04 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2 C. Ordinance No. 07-010- Permission to advertise proposed Ordinance No. 07- 010 (Animal Registration) for a Public Hearing on April 3, 2007 at 6:00 p.m. - The Board approved advertising the public hearing for Ordinance No. 07-010. D. Contract for Sale and Purchase- Paradise Park Stormwater Improvement- The Board approved the Contract for Sale and Purchase from Peter Zecca for the purchase price of$116,000 and authorized the Chairman to sign and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 3. PUBLIC WORKS A. Engineering Division- Work Authorization No.9 (C05-04-190) for Professional Surveying Servies with LBFH, Inc., for Pulitzer Road and Orange Avenue- The Board approved Work Authorization No.9 (C05-04- 190) for Professional Surveying Services with LBFH Inc.. for Pulitzer Road and Orange Avenue in the amount of $8,400. and authorized the Chairman to sIgn. B. Engineering Division -Solida Drive Culvert Replacement- The Board approved awarding the Solida Drive Culvert Replacement Project to the low bidder, Johnson Davis, Inc., in the amount of $119,298.00, establish project budget and authorized the Chairman to sign. C. Engineering division- First Amendment to Work Authorization No.1 to the contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting engineers, for additional survey and geotechnical services for Harmony Heights Stormwater Improvements Phase 1 in the amount of$19,494.- The Board approved the First Amendment to Work Authorization No.1 with Inwood Consulting Engineers for additional survey and geotechnical services for Harmony Heights Stormwater Improvements Phase 1 in the amount of$19,494.00 and authorized the Chairman to sign. 4. PARKS AND RECREATION - The Board approved the removal oflisted capital equipment items from the County's Fixed Asset Inventory. 5. PURCHASING A. Street Resurfacing Annual Contract- The Board approved awarding an invitation to Bid 07-029, Street Resurfacing Annual Contract to the lowest bidder, Ranger Construction Industries, Inc., for a not to exceed $1,054,186.80 and authorized the Chairman to sign the Amendment. B. Fixed Asset Inventory- Property Removal Record- The Board approved the removal of listed records from the Fixed Asset Inventory from various St. Lucie County Departments. C. Fixed Asset Inventory- Property Removal Records- The Board approved the removal of listed records from the Fixed Asset Inventory from the St. Lucie County Clerk of Courts. 6. PUBLIC SAFETY A. Purchase of a desktop computer- The Board approved the purchase of a desktop computer with standard specifications in the amount of$1,160.00 approved Budget Amendment BA07-044 and Equipment Request 07-312 and authorized the Chairman to sign. 2 B. State Homeland Security Grant Time Extension Modification- The board approved Modification # I to Agreement 07-DS-3W-lO-66-0l-248, State Homeland Security Grant Agreement. REGULAR AGENDA 5.A COUNTY ATTORNEY (0:10:29) Ordinance No. 07-009- Off Road Vehicles- Consider staff recommendation to adopt proposed Ordinance No. 07-009. Mr. Sean Webb, Ft. Pierce resident, addressed the Board and requested the county find a location for the off road vehicles. He stated his opposition to the ordinance and the $100.00 penalty. Com. Craft advised Mr. Webb county staff is presently working with the South Florida Water Management District in an attempt to find a location. It was moved by Com. Grande, seconded by com. Lewis, to approve Ordinance No. 07- 009, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT (0:12:31) Petition of Mercedes Homes for a 12 month extension of the date of expiration for the project known as Celebration Pointe PUD and major adjustment to the conditions of approval for property located at the southeast comer of the intersection of Peterson Road and South Jenkins Road. Draft Resolution No. 07-039- Consider staff recommendation to approve Draft Resolution No. 07-039. The Growth Management Director addressed the Board and reviewed the memorandum dated February 27,2007. In item 1 if the memorandum he stated he felt this issue should be addressed by the Mercedes Home National Pollutant and Discharge Permit. In item 2 he alluded to Section 1-13.8-19 of the St. Lucie County Code and Compiled Laws which states that if permits for construction were issued prior to December 6, 2006 the permitted hours of construction are between 7:00 a.m. and Sundown. Ifpermits for construction were issued on or after December 6, 2006, the hours of operation are between 7:00 a.m. and 6:00 p.m. on weekdays and 8:00 a.m. and 5:00 p.m. on Saturdays. Staff recommended the following condition which is consistent with other projects, be added to any 12-month extension: "The hours of operation for construction activities shall be limited to the time period from 7:00 a.m. to 5:30 p.m. Monday through Friday, 7:00 a.m. to 1 :00 p.m. on Saturday and no work on Sundays. No construction shall take place on Federal Holidays. The hours of operation restrictions do not apply to sales activities. The hours of operation shall be clearly posted on the subject property in a conspicuous location for viewing by the public." Com. Craft stated he was not interpreting the code in this manner. He felt they were able to work before 7:00 a.m. as long as they do not exceed the noise decibel chart. Com. Grande stated in reviewing the first highlighted area, his understanding is there was to be no construction activity during the hours banned. He believes the intent was not to have any work done on the construction site before 7:00 a.m. The County Administrator stated he defined work on construction site to be certain things needed could be done to maintain the site outside the hours, but not actual construction. The County Attorney alluded to the minutes of October 17,2006, item 5-D page 8. He stated his interpretation was, "you are totally exempt if you are working within those hours from the noise ordinance and if you are working outside the hours and you generate noise, you would need a permit from the Board work outside the stated hours." He 3 advised the Board of a standard condition approved in 2005 regarding hours of operation and this development pre-dates this condition. In current approvals this condition is stated. The County Attorney suggested placing the limited hours of operation in the Land Development Code (under building code general). At this point it is being placed as a condition. The Growth Management Director stated they have a standard condition they are recommending tonight to be placed in all the resolutions to approve PUD and site plans. This condition has certain hours and has more stringent requirements. Com. Lewis stated she recollects the issue not so much as regulating construction per say, but more a disturbing the residents issue and this more so addressed in the noise ordinance. She is comfortable with addressing this by using the noise ordinance section and does not see the need to go further. Com. Coward stated he believed the clear intent to him was to have hours of operation, but he does believe it can be interpreted differently and concurs it needs to be clarified. The Growth Management Director stated if the Board wished to restrict the hours they were in agreement with utilizing the hours stated in the noise ordinance. He also addressed items 3,4 and 5 which referenced land clearing issues, fence removal issues and drainage issues. He felt these issues were a matter of Code Enforcement and Civil procedures. The issue. of height of the single family homes was addressed and he stated the developer at the time stated the homes around Peterson Road would be one story. This issue was not made part of the motion when this application was previously heard and if they wish to add it, it could be made as an additional condition. Com. Coward stated the developer clearly stated that all the homes in the northern area were to be single story homes and he believed when Com. Smith the motion he indicated "to include all additional requests" and he believes this was included (single story home commitment made by the developer) and clearly understood by all that this was the intent. If it was needed to be made a condition, he did not have a problem with it. Com. Craft stated he viewed the video of the meeting and the developer of United Homes came to the podium and stated he did not have a problem with the one story homes request. The Growth Management Director alluded to the request of the applicant to revise condition # 3. Staff did not support the applicant's proposed revision to read "No two adjoining single-family homes shall have the same front architectural elevation. Staff supports maintaining the original wording of Condition # 3 so it will also apply to the new townhomes. Staff felt the word adjoining is misleading and it should be adjacent. The applicant also requested to add an eighth condition of approval to allow for the construction of Dry Models for the proposed proj ect: Staff support adding the proposed to condition to read: 8. Pursuant to Section 11.03.01© of the St. Lucie County Land Development Code, the developer, his successors or assigns shall be allowed a building pennit for up to a maximum of four residential units to be issued after approval of a Preliminary Record Plat and construction plans but before approval of a final plat. The Growth Management Director stated they support adding this condition. Com. Coward requested an update on the stop work order issued at the last meeting. Mr. Joseph Mule, Assistant Manager Code Compliance advised Com. Coward upon his visit to the site, the contractor was in violation of the noise ordinance and starting work before 7:00 a.m. 4 Ms. Cynthia Angelos, attorney for the developer (Mercedes Homes) addressed the Board and stated Mercedes Homes is one of the largest builders in the country and presently have 40 active projects under way in Florida and have not had any complaints with those projects. Ms. Angelos stated Mercedes Homes will be abiding by the noise ordinance and the conditions in the development order. She clarified the submittal had taken this long due to the back log with staff and had it been processed they would not be before the Board requesting an extension. Ms. Angleos advised the Board the developer agreed to it and would advise the contractor they are not to commence work before 7:00 a.m. as part of the development order. In speaking with the residents, Mercedes is very sensitive to the residents concerns and they are working to get the situation straightened out with the neighbors. Ms. Angelos stated there was an inconsistency in the development order and the site plan approval. Staff is recommending no two adjoining single family homes shall have the same front architectural elevation and now changed to "adjacent" the language in the condition of the site plan refers to single family units. She wished to clarify if this requirement was pursuant to the condition of the site plan and pursuant to the development order and this is what their request was, referring to single family units. Com. Grande asked in hearing staffs recommendation, is Mercedes willing to comply with it and also for the non- single family units. Ms. Angelos stated she did not know ifthey had faced this issue since she thought staff understood it to be a typo and inconsistency of the two. She was not sure if her client was aware there was a request for it to pertain to multi family. She would speak with her client. The Community Development Director stated staff preferred the language in the adopted resolution and this was the reason their recommendation was against the change. He felt it would provide a better product and result and will maintain property values. Ms. Angelos requested reserving her comments on this issue until later. Ms. Angelos addressed the dust issue and stated Mercedes has hired an Environmental consultant and presently there is a huge pile of dirt at the site. It was recommended a water truck be there to keep the pile wet and use the gravel and build a silk fence to minimize the dust. She recommended the Alpha plan and recommendations also be made part of the development order. Com. Grande requested the water truck be at the site on a daily basis. Ms. Angelos stated they would add having the water truck on a daily basis. Ms. Angelos addressed the discussions held with the Langel family. She stated the single family homes will be placed on the entire northern property line as the Board desires. Also in speaking with Mr. Langel, they discussed the buffering and landscaping along Peterson Road. Mercedes has agreed to enhance the landscape plan approved and a conceptual plan was received late today. Mr. Langel had requested the buffering be done as soon as possible however, staff needs to approve it and certain permitting must take place. However, she wanted the Board to be aware it is in the works. Com. Craft questioned how soon Peterson Road would be paved. The developer advised the Board, Peterson Road would be paved within 60 days. 5 Ms. Angelos stated with regards to the fence, Mercedes has offered to replace the fence however she stated Mr. Mishoe is not pleased with their offer. The County Administrator addressed the Saturday working hours where he believed they should read 7:00 am -1 :00 p.m. The Growth Management Director stated in the Ordinance they are listed as Saturday 8:00 am to 5:00 p.m., however, staff recommendation is 7:00 a.m.-1:00 p.m. to be consistent with all developers. Com. Coward questioned the access to the South and how it has been resolved. Ms. Angelos stated Mercedes had placed a dirt pile on Mercedes property so that no one could access through Mr. Mishoe's property. She stated there would be a permanent berm after the pile has been used. Com. Coward asked Ms. Angelos if there would be a problem with a condition being added stating there would no longer be access permitted through the Mishoe property. Ms. Angelos stated adding the condition would not be a problem. Mrs. Mishoe addressed the Board and advised them she sent e-mail a year ago and asked them to stop using her road and one year ago her fence was stolen. She does not buy the developer is sensitive to the issues concerning the surrounding residents. Mrs. Mishoe addressed the Board with reference to the agreement that the contractors were not to begin work before 7:00 a.m. and the stop work order. Mrs. Mishoe advised the Board when her fence was taken down she visited the Commission office and spoke to his Executive Aide. Com. Craft stated this was not a county issue it was a civil issue. A trespassing issue is also handled by our law enforcement not the County. Com. Coward stated he wanted it noted for the record that Mrs. Mishoe had requested assistance from his office. Mr. Mishoe requested the Board shut the job down until all the issues have been addressed. He felt his issues have not been resolved. Com. Lewis advised the Board she has received indications that Mr. Gillan from Mercedes Homes had contacted Mr. Mishoe. She believed a survey had been done to verify the boundaries. Ms. Angelos stated they offered to replace the fence or pay for it and Mr. Mishoe asked her how much additional money he was to receive in addition to the fence being replaced and Ms. Angelos questioned why they should give him more money if they were going to replace the fence. He stated if there was not going to be additional money he was not willing to talk to them and walked away. There is a letter on file indicating they were willing to replace it. Com. Craft stated the fence issue was moot. Com. Lewis also stated there had been some indications that the fence belonged to someone else, however if this was not the case she did not have any further questions. Ms. Betty Pallas, 1709 Swain Road addressed the Board and stated Mercedes Homes has been working with them for some time. She would like for them to continue to work so that they can complete the wall. She has never heard any construction noise before 7:00 a.m. and she is home all day every day . 6 Mr. Pat Langel 990 S. Jenkins Road addressed the Board and stated he would like for the berm to have vegetation that would provide coverage early not five years from now. He would like mature trees placed on the berm. Ms. Angleos stated they have an approved landscaped plan but are willing to work with Mr. Langel to enhance the plan. He would also like to dust problem addressed. Mr. Chris Langel, Jenkins Road resident addressed the Board and stated his main issue was the dust problem the other issues have been addressed. Ms. Susie Caron, 8500 Indrio Road resident, addressed the Board and the hours of operation was her main issue. She reminded the Board of the problems she and her surrounding neighbors had with the Emerson Estates project. She stated she felt the berm should be as is the one required for Emerson Estates. She recalled some of her past experience with Emerson Estates. Ms. Angelos stated Mr. Nix, Community Development Director had a good suggestion with regard to the landscaping. The Community Development Director recommended having a buffer designed by a registered landscape architect in Florida meeting specified height limits and performing standards hiding the homes 15/20 feet in height and with 90% opaque coverage year round. The berm and landscaping would be done by this architect. Ms. Angelos stated she would not be sure when this would be ready for submission since they need to have irrigation available. She advised the Board her client is amenable to the suggestion provided by the Community Development Director. Com. Craft stated he would like to see the Community Development Director work with the developer and the residents and the landscape architect and bring it back to the Board for subsequent adoption of that particular condition. Mr. Langel stated he felt it would be a good idea if the had the ability to work with the developer, the Landscape Architect and the Community Development Director and bring it back to the Board. Ms. Angelos stated they would be comfortable with 60 days. The Board stated 60 days was acceptable. Mr. David Morgan, Guettler & Sons construction wished to clear up issues, the job was shut down due to the fact there may have been movement before 7:00 a.m. not due to the noise because they did not have a meter available to measure decibels. He also advised the Board he wished everyone understand that if they are placing time restrictions they will have many independent truckers going to other jobs that start earlier and out of the area jurisdiction and the piles of dirt may around longer. He also addressed the survey and how it was done on the south property. The surveyor met with the residents all day Saturday and the berm and the pipes were put in with the direction of the residents. They placed the silk fence according to the boundary survey. The County Attorney suggested additional conditions such as: a) the water truck shall be at the site daily and used as needed and the developer shall have implemented the DEP Erosion and Sediment Control best management practices and have them on site. b) with regards to the enhanced landscaping- the developer shall provide an enhanced landscape plan and berm along Peterson Road. The plan shall be designed by a registered landscape architect. The enhanced landscaping design shall be reviewed by the neighbors and exceed the County's landscaping code with the number of trees and height of trees and shall be agended for Board consideration within 60 days from the date of this resolution. c) no access to the project shall be permitted from the Swain Road extension. 7 d) perimeter wall - the developer shall complete the perimeter wall along the property of Swain Road 60 days from permitted date. e) construction hours: 7:00 a.m. -5:30 p.m. Monday through Friday 7 :00 a.m. -1 :00 p.m. Saturdays No Sundays and No Federal Holidays f) condition # 3- will remain as is per staff recommendation With regards to Resolution 07-039B a) Maximum height of 1 story for single family homes on the northern property limits b) and also condition # 8 the developer, his successors or assigns shall be allowed a building permit for up to a maximum of four residential units to be issued after approval of a Preliminary Record Plat and construction plans but before approval of a Final Plat c) and a revision to condition # 1 where the developer shall convey to St. Lucie County, in a manner and form acceptable to the County Attorney, 45 feet of additional right of way for Peterson Road along the North property line of the subject property. Twelve months from the recording of this resolution or the recording of the Road Improvement Agreement whichever occurs earlier, the developer shall construct Peterson Road to County specifications to include pedestrian and bicycle paths. Com. Coward stated he did not have a comfort level with what he has heard concerning the continued violations and would like an added condition. He would like to see an extended stop work order of up to 30 days should there be another violation. Com. Grande stated he would not suggest a specific time period but would go along with the Attorney that any infraction should cause an immediate stop work order. Com. Craft recommended there be time given to secure the project and make it safe for public travel, it would be phasing down part of the shut down. Com. Grande stated he did not have a problem with it as long as they do not continue to work while the phasing time was completed. Only the specific tasks should be worked on. Ms. Angelos requested clarification on condition # 3 as it relates to Swain Road about the private property access with regards to the canal and also she stated they would be willing to provide a monetary penalty if there was another violation. It was moved by Com. Coward, seconded by Com. Grande, to approve staff recommendation with the additions as laid out by the County Attorney; also to include the general guidelines of the Best Management Practices with sediment control; the Alpha Report as submitted by Ms. Angelos with regards to the dust; the language concerning additional infractions would cause an immediate stop work order ay which time the issue would return to the Board for additional action; and also lifting the stop work order that is currently in place; and the construction of the wall within 60 days after the permit issued the county, and; upon roll cal, motion carried unanimously. 5.C GROWTH MANAGEMENT (1 :57:09) Petition of A.W. Riverlanding, LLC for a change in zoning from the RS-2 and CO zoning districts to the PUD zoning district and Final Planned Development Site Plan Approval for the project known as River Landing- PUD Draft Resolution No. 07-003- Consider staff recommendation to approve Resolution No. 07-003 subject to seventeen limiting conditions of approval. Mr. Jason Literik, representing the applicant addressed the Board and requested a continuation in order to address various conditions added. Mr. John Ferrick, area resident, addressed the Board with regards to the 17 conditions and especially the one indicating the elevation of each unit. He advised the Board of his opposition to the project. 8 Mr. Doran Russell, President, White City Improvement Club addressed the Board and advised them the Club opposed the proposed density for the project. Also as a resident, he advised the Board he had obtained counsel to represent him as he felt he was denied due process by the So. Florida Water Management District. He advised the Board he owns property to the south and the east of the project and these parcels are in a flood zone. Mr. Culverhouse, counsel for the Mr. Russell advised the Board the permit for this project may have been issued in error and this was the reason for his contact with the South Florida Water Management District. He is waiting to receive information he requested from the district. It was moved by Com. Grande, seconded by com. Lewis, to continue this public hearing on April 17, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (2:10:25) Consider Draft Developers Agreement DV A 07-001, approving Developers Agreement between Incom Properties 31 Inc., King's Center and St. Lucie County- Consider staff recommendation to approve the Developer's Agreement 07-001. It was moved by Com. Coward, seconded by Com. Grande, to approve moving on to the second reading scheduled for March 2, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.E GROWTH MANAGEMENT Petition of St. Lucie Oaks commercial, LLC for a Change in Zoning from the CG and PNRD zoning districts to the PNRD zoning district and Preliminary Planned Unit Development Site Plan approval, for the project to be known as St. Lucie Oaks Commercial- PNRD and consisting of a four story 88 room hotel and approximately 16,200 square feet of.restaurant /office space Draft Resolution No. 07-002- Consider staff recommendation to approve a Change in Zoning from the CG and PNRD zoning districts to the PNRD zoning districts and Preliminary Planned Unit Development Site Plan, subject to limiting conditions. Mr. Bob Burson, representing the applicant was present to answer any questions the Board may have. Ms. Pamela Hammer, Planning and Zoning Board addressed the Board and stated she had a problem with the site plan and the curb cuts, too much parking at the hotel and not enough parking for the restaurant!. Com. Craft expressed his concern with the US Highway 1 entrance. Com. Grande comments on the need for a d-cellane. He believed the multiple use of this concern is good and is in support of the use of the parcel but felt there was not enough imagination used. He stated he would like to see this site plan come back showing better use of the land. He stated he did not have a problem with the entrance at Brazilian, and having the exit on U.S 1 but felt a d-cellane was needed. Com. Coward stated he did not like the overall design and would like the building moved further to the east. He expressed his concerns with the traffic, the parking and stated he was not ready to approve this project as is. Com. Lewis stated she had not had a problem entering the McDonalds when it was at that location and she believes there would not be a problem. 9 Com. Craft stated he envisioned Virginia Avenue and U.S. 1 and felt there was a safety concern with the entrance location. He would also like to see more buffering on the west side of the project. He suggested the applicant take time to improve the site plan. It was moved by Com. Coward, seconded by Com. Grande to continue this item on June 5, 2007 at 6:00 p.m. or as soon thereafter as it may be hear, and; upon roll call, motion carried unanimously. 5.F COUNTY ATTORNEY Public Hearing- Petition for Abandonment of a portion of Rock Road North ofI-95 to Angle Road- Resolution No. 07-022- Consider staff recommendation to continue this Public Hearing to May 1,2007 at 6:00 p.m. or as soon thereafter as possible. It was moved by Com. Lewis, seconded by Com. Grande to continue this Public Hearing on May 1, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 10 --..------.---.-.-.- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA SPECIAL MEETING Date: March 5, 2007 Convened: 6:00 p.m. Adjourned: 6:45 p.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Doug Coward, Charles Grande, Joseph Smith, absent due to illness Others Present: Doug Anderson, County Administrator, Ray Wamy, Asst. County Attorney, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Robert Nix, Growth Management Director, Millie Delgado-Feliciano, Deputy Clerk 1. GROWTH MANAGEMENT A public hearing to consider the adoption of proposed Comprehensive Plan Amendment Cycle 2007- 01 (current Department of Community Affairs File No. DCA 06-02, St. Lucie County) which includes the following two item, to be hard as one public hearing- Consider staff recommendation to adopt St. Lucie County Plan Amendment Cycle 2007- 1, consisting of Ordinances 07-007 and 07-008, and authorize transmittal of the adopted amendment to the Department of Community Affairs. A brief discussion was held on the fact one Commissioner was not present due to illness and the balance of the Board recommended a full Board be present to hear and take action on this item. Mr. Kent McDonald, 3217 S. Lakeview Circle, Ft. Pierce Florida, addressed the Board with regard to the Grande Beach item. He stated his opposition to the request to change the zoning. He stated his wish was to keep the area pristine and not have anymore homes built so close to each other. It was moved by Com. Grande, seconded by Com. Coward to continue this public hearing on March 27,2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court ~""""' AGENDA REQUEST ITEM NO. dA DATE: March 13,2007 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Veteran Services PRESENTED BY: Paul J. Hiott, Director SUBJECT: Budget Resolution No 07-087 to accept a donation of $26,648.00 from the United Veterans of St. Lucie County to the St. Lucie County Board of County Commissioners. The contribution will be used to pay for the purchase of a multi-passenger van. BACKGROUND: Today, March 13, 2007, representatives from the United Veterans of St. Lucie County appear to present the Board of County Commissioners with a check in the amount of $26,648.00. This check represents a contribution to the BOCC for the purchase of a multi-passenger van to be used by the County Veterans Services office for transporting disabled veterans to and from their appointments at VA Medical facilities. With this addition, the number of multi-passenger vans will increase to four - allowing for the increased demand of St. Lucie County veterans for transportation. FUNDS AVAILABLE: Funds will be accepted in 001-5310-366930-500, Contributions from Private Sources and made available in 001-5310-564000-500 General Fund, Veteran Services - Machinery & Equipment PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve Budget Resolution No. 07-087 and Equipment Request #EQ07-317. COMMISSION ACTION: ENCE: -~-- ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Resolution amended to include the 500.00 also donated by the Koren War Veterans. MaRing the total donated $27,148.00 oug Anderson County Administrator l,;oordination/SiQnatures County Attorney: Management & Budget: % tn~ Other. Other: Purchasing: ~ - Originating Dept:- Finance: (Check for Copy only, if applicable) Other: VETERAN SERVICES MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: Paul Hiott, Director DATE: March 13, 2007 RE: Donation from the United Veterans of S1. Lucie County Today, March 13, 2007, representatives from the United Veterans of S1. Lucie County appear to present the Board of County Commissioners with a check in the amount of $26,648.00. This check represents a contribution to the 80CC for the purchase of a multi- passenger van to be used by the County Veterans Services office for transporting disabled veterans to and from their appointments at VA Medical facilities. With this addition, the number of multi-passenger vans will increase to four - allowing for the increased demand of S1. Lucie County veterans for transportation. Staff recommends the Board of County Commissioners approve Budget Resolution No. 07- 087 and Equipment Request #EQ07-317. RESOLUTION NO. 07-087 WHEREAS, subsequent to 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 in the form of a donation/contribution from the United Veterans of St. Luce County in the amount of $26,648.00. 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 13th day of March, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 001-5310-366930-500 Contributions form Private Source $26,648 APPROPRIATIONS 001-5310-564000-500 Machinery & Equipment $26,648 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 13th DAY OF MARCH, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: Veteran Services RECOMMENDED: APPROVED: YES YES NO NO REVISED REVISED JUSTIFICATION: To purchase a new multi-passenger to be made available for the use of the Veteran Services Department. In order to purchase the new van under the current Florida Sheriffs Association contract, the United Veterans of St. Lucie County are making a donation to the BOCC in the amount of $26,648.00. This donation includes an additional $7, 627.00 in order to have this van configured with a special "center-aisle package" which will allow a walk through seating arrangement, allowing eaisier maneuverability for disabled veteran passengers. With this addition, the number of multi- passenger vans will increase to four - allowing for the increased demand for tansportation of St. Lucie County veterans to their appoitments at the West Palm Beach VA Medical Center. EQUIPMENT REQ#: EQ07-317 ACCOUNT#: 001-5310-564000-500 Paul Hiott - stlucie2 19.xls From: To: Date: Subject: "Tackett, Richard" 2/19/2007 4:23 PM stlucie2 19.xls here is the quote you requested today ..:J Duval Ford Richard Tackett 904-381-6555 Fax: 9043816556 rt~ckett@ºuva Iford ,com Contact Org Phone Fax email Chuck Padrick ST. Lucie County 772-216-1055 Contract # 06-14-0821 pad rickc@$tlucieco.gov We appreciate your interest in the 2007 Florida Sheriff's Association/ Florida Association of Counties Purchaseing Contract. Listed below are the items we discussed. Spec 27 Ford E350 Club Wagon Extended 99L 5.4L Gas Engine Power Windows.Locks, cruise control Standard Tinting Delivery to End User Exterior Color YZ Interior Color Transglobal 14 Passenger Center aisle Package Req. XL T Upgrade Interior Upgrade Cloth Seating Trim with Seatbelt Restraints Power Mirrors Full Carpet (required) Legal Deep Tint CD: req by. xlt Exterior upgrade (required) White Flint *66Z * incl ddt 585 18A ~otal \tlt'lì!íOI1: Item Central 167 Price $19,021.00 $0.00 $0.00 $0.00 $0:00 $0:00 $O~OO $3,621.5: $1,420.0:1 $645.00 $O.DO $0.00 $645.00 $625.00 $275.00 $395.00 $0.00 $o.DOf $26,647.55 · - Memorandum VETERAN SERVICES SUBJECT: United Veterans donation for new van purchase and request for additional cost of fleet replacement vehicle - )tJ J- v ~/'J,"'/ /1 C: 8C;Þ ,Æ r DATE: Douglas M. Anderson, County Administrator \':Rr-- Paul J. Hiott, Director~ February 21, 2007 TO: FROM: 1. .........' The intent of United Veterans of St. Lucie County is to donate $26,647.00 to the St. Lucie County Board of County Commissioners for the purchase of a new multi-- passenger van to be added to the existing fleet. The standard price under the State contract is $19,021.00, however the additional cost includes factory installation of a "center aisle" package. This configuration will allow a walk-through seating arrangement, which will allow easier maneuverability for our disabled veteran passengers. The United Veterans currently have the funds for the donation and upon approval, I will prepare the documents required, along with an Agenda request in order for the County to accept the funds. This would allow Central Services to purchase the van under the State contract, this fiscal year - along with the current order of vehicles for the County fleet. With this addition, the number of multi-passenger vans would increase to four - allowing for the increased demand of St. Lucie County veterans for transportation to and from the West Palm Beach VA Medical Center. 2. Reimbursement Under the fleet replacement program, one of the existing three multi-passengers vans is currently scheduled to be replaced. The cost is $19,021.00. In order to have the factory install the above mentioned "center aisle" package, an additional $7,626.55 is needed. The United Veterans are requesting to enter a six-month agreement with the County in order to repay the additional cost of $7,626.55. Upon approval, I will go forward with a request for the County Attorney to prepare an agreement with the United Veterans of St. Lucie County and subsequent documents necessary for an Agenda request. Please reference the attached documents from Chuck Padrick, Fleet Manager and letter of intent from Chairman Ron Knepshield, United Veterans of St. Lucie County. Thank you for addressing this matter and for your consideration. c: Faye Outlaw, Assistant County Administrator Chuck Padrick, Fleet Manager Ron KneDshield. Chairman United Veterans of St. Lucie Countv ., United Veterans of St. Lucie County February 21 2007 Douglas M. Anderson County Administrator 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Anderson, On behalf of the members of the United Veterans of St. Lucie County, I wish to express our intentions regarding the Veterans vans currently in the County fleet as well as the purchase of an additional van this year. v..._tiott.fornewvan: The intent of United Veterans of St. Lucie County is to donate $26,647.00 to the St. Lucie County Board of County Commissioners for the purchase of one multi--passenger van to be added to the existing fleet. This donation includes the additional cost of having the van configured with a "center- aisle" package as outlined in the information included in this packet. Our funds are available now, and as soon as the documentation can be prepared, we stand ready to make the donation. Fleet replacement of existing van: It is my understanding that the County is prepared to replace one of the three vans currently in the fleet due to high mileage/age. According to the information provided, the cost to replace one of the existing vans is $19,021.00. In order to have the factory install the above mentioned "center aisle" package, an additional $7,626.55 is needed. The United Veterans are asking the County to order the replacement van with "center-aisle" package now, and if agreeable, allow us to enter into a six-month agreement with the County in order to repay the additional cost of $7,626.55. Doug, I thank you for your consideration of the time to repay in order to purchase the vans now. Our members are excited about the prospect of the new seating configuration, as our veterans needs will be better met - and for the past 16 years, that has been the goal and driving force behind our fund-raising efforts. If you need to discuss our proposal further, please do not hesitate to call on me. I can be reached at 772-340-1947. B,est regards,' '~ . I ,:) / I ¡', L // , j/ ,,' , y,\ é'})4j.11J fyJ--. k-<..-c.L<.: . Ron Knepshiefd Chairman, United Veterans of St. Lucie County \- AGENDA REQUEST ITEM NO. Ji!. DATE: March 13, 2007 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Joint Planning Agreement - City of Port St. Lucie BACKGROUND: . See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the Agreement and authorize the Chairman to sign the Agreement. 'K] APPROVED [ ] OTHER: [ ] DENIED 6. Approved 5-0 Motion to include changes correction of typos on agreement as stated by Comm. Grande. o as Anderson County Administrator COMMISSION ACTION: County Attorney: I I \ ,¡.-. I/~/ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07-370 DATE: March 2, 2007 SUBJECT: Joint Planning Agreement - City of Port St. Lucie *************AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA*************** BACKGROUND: Attached is a copy of a Joint Planning Agreement between the County and the City of Port St. Lucie. The purpose of the Agreement is to improve communications between the County and the City pertaining to site plan review and annexation. The City has previously approved the Agreement. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Agreement and authorize the Chairman to sign the Agreement. R~:~,^ct~UII~~7s~;it:e , /¿ ~ r " , I . '- ! \, Daniel S. McInt e' County Attor1Y D SM/ caf Attachment CITY OF PORT ST. LUCIE ,\IJ;;:.~i; ~~.....,'"' . . . . . . . . . . . . . . . . . . . . "A CITY FOR ALL AGES" .~ !J /(,,11//# .\.,.1/ i' }-4m;j\ February 12, 2007 Subject: ) /1 J'V ¡r , () i(, tþ ...>.;' ') LS n ¡J1 (r" f <11 / r/l',/" ill f¥ P X ~ At the February 8, 2007 Special City Council meeting, the City Council discussed the c..".. proposed Joint Planning Agreement and subsequently approved the attached U document. I have included three executed copies of the agreement, which had C· . 'If) previously been sent to the City of Port St. Lucie in July 2006. Mr. Douglas M. Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Joint Planning Agreement Dear Mr. Anderson: Please have the county execute three copies and return two of the signed copies to this office for recordation and inclusion in the city's files. If you need any additional information, please feel free to contact this office at your convenience. Sincerely, /Of)1I-1J¡J /Í;¡¡/t DONALD B. COOP~ City Manager DBC:eg Attach. ~. lUUG i ¡ ¡! < FEB ¡ 5 :" ¡ 121 S.W. Port St. Lucie Boulevard· Port St. Lucie, FL 34984-5099· 7721871 ~~~5 City Council Roger G. Orr, City Attorney Pam Hakim, Assistant City Attorney Jerry A. Bentrott, Assistant City Manager Gregory J. Oravec, Assistant City Manager/CRA Director Cheryl Friend, Director of Planning and Zoning c: ! f~ RE(~ErVED' 'O''I"'D " ''í ··7 f1 1ì'1' \- t.L:' , I- 4!J~¡ JOINT PLANNING AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE CITY OF PORT ST. LUCIE , ".. "" -,"C: U'l\ii"\.;Y ·';l'l 4,.1'::1\""'\16',' ,j, ~ ','\ Y P..i\u.\u... THIS JOINT PLANNING AGREEMENT (the "Agreement"), made and entered into this _ day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "County") and the CITY OF PORT ST. LUCIE, a Florida municipal corporation (hereinafter referred to as the "City"). (The County and City are sometimes collectively referred to as the "Parties".) WITNESSETH: WHEREAS, it is the purpose and intent of this Agreement, the Parties hereto, and the Florida Interlocal Cooperation Act of 1969, as amended and codified as Section 163.01, Florida Statutes (the "Cooperation Act"), and Section 163.3171, Florida Statutes, to permit the City and the County to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby to provide the property, facilities and services provided for in this Agreement in the manner that will best accord with the existing and anticipated resources available to each of them and with geographic, economic, population and other factors influencing the needs and developments within an area ("Planning Area"), as designed on the attached map as Exhibit "A"; and, WHEREAS, it is the purpose of the Cooperation Act to provide for a means by which the Parties may exercise their respective powers, privileges and authorities which they might now or in the future share in common and which each might exercise separately; and, WHEREAS, the Parties recognize that proper intergovernmental coordination is essential for sound growth management; and, WHEREAS, a joint planning area agreement will provide a basis for the evaluation of future development applications as well as for the adequate and cost effective provision of public services within the Planning Area; and, WHEREAS, the County has adopted a Comprehensive Plan within an established Urban Services Boundary which is depicted on Exhibit "A"; and, WHEREAS, the City has adopted a Comprehensive Plan which applies within the current boundaries of the City which are depicted in Exhibit "B"; and, WHEREAS, the Parties seek to have a compatible land uses adjacent to their common boundary; and, WHEREAS, effective intergovernmental relations will improve the delivery of public services; and, Page 1 of 6 WHEREAS, Section 163.3171, Florida Statutes, authorizes municipalities and counties to enter into joint agreements for the purposes of joint action in the preparation and adoption of the comprehensive plan, procedures for the administration of land development regulations or the land development code applicable thereto and other purposes under the Local Government Comprehensive Planning and Land Development Act. Section 163.3161. et.seq., Florida Statutes. WHEREAS, the Local Government Comprehensive Planning and Land Development Act requires joint agreements entered into pursuant thereto be formally stated and approved in appropriate action by the governing bodies involved and the administration be governed by the Florida Interlocal Cooperation Act of 1969; and. WHEREAS, the City and the County have held public hearings with public notice thereof to consider the adoption of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants of this Agreement, the City and the County agree as follows: ARTICLE 1 AUTHORITY 1.1 Authority. This Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes, Section 163.400, Florida Statutes; Part III. Chapter 163. Florida Statutes; Section 163.171. Florida Statutes. and other applicable provisions of law. all as amended and supplemented from time to time. ARTICLE 2 DEFINITIONS 2.1 Definitions. The following definitions shall apply to this Agreement: AQreement: The interlocal planning agreement. City: The City of Port St. Lucie. Florida. Cooperation Act: The Florida Interlocal Cooperation Act of 1969 as amended and codified as Section 163.01, F.S. County: St. Lucie County, Florida. Development Permits: Development Permit includes·.8d'" building permit, zoning permit, subdivision approval. rezoning. certification, certificates of occupancy. building inspections. special exception, variance or any other official action of local government having the effect of permitting the development of land. Parties: St. Lucie County. Florida. and the City of Port St. Lucie, Florida. Page 2 of 6 Planning Area: The area depicted in Exhibit "A". ARTICLE 3 PURPOSE, FINDINGS, INTENT 3.1 The purpose of this Agreement is to provide the procedures for joint action by City and the County within the Planning Area in the preparation and adoption of changes to the comprehensive plan and on procedures for the administration of land development regulations or the land development code applicable thereto. 3.2 It is the intent of the parties to provide for the management of growth within the Planning Area by providing for the administration of comprehensive plan and land development regulations for the Planning Area. ARTICLE 4 COMPREHENSIVE PLAN, LAND DEVLOPMENT REGULATIONS AND CODE ENFORCEMENT 4.1 To provide for better integrated land use planning and land development within the Planning Area, the Parties agree as follows: 4.1.1 The City agrees to provide the County Administrator and County Attorney with 30 days prior written notice of all annexations into the City (first reading of annexation ordinance). This notice shall include copies of all annexation ordinances, staff reports and recommendations, and copies of all agreements, contracts or other similar instruments effecting any voluntary annexations. The County agrees to provide any written comments it may have on the proposed annexation to the City Manager and City Attorney at least three (3) days prior to the first reading of the annexation ordinance. Any comments submitted for consideration will be made a part of the record prior to final approval of the annexation. 4.1.2 In order to promote coordination of land use and development activities within the community, the County shall have the right to designate a non- voting representative to attend the City's site p-Ian review committee and the City shall have the right to designate a non-vot' rep sentative to attend the County's development review committee. Each [ty·,shall p ovide the other party written notice of committee meetings. / / 4.2 Notwithstanding anythi g proVid¿ this Agreement, neither the City's nor the County's duties, obligations, 0 respon . ilities under any section of this Agreement shall affect the Parties' right, ,obligation, authority or power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations nor in the exercise of any discretionary act or power within its respective jurisdiction. In no event shall the Parties, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals for Page 3 of 6 development permits except through its established processes and in accordance with applicable provisions of law. Failure to comply in any respect with this Agreement by either Party, including the providing of notice, shall neither affect nor serve as a basis to invalidate any land use development approvals. ARTICLE 5 MISCELLANEOUS 5.1 Amendments. This Agreement may be amended by the mutual written agreement of the County and the City at any time from time to time, which amendments shall become effective upon filing thereof with the Clerk of the Circuit Court of 8t. Lucie County, Florida, pursuant to Section 163.01 (11), Florida Statutes. 5.2 Assiç¡nment. None of the parties may assign or transfer any or all of its duties, rights, responsibilities, or obligations under this Agreement to any other party or any person not a party to this Agreement without the express prior written approval of the other party to this Agreement. 5.3 Severability. The provisions of this Agreement are severable, and it is the intention of the parties to confer the whole or any part of the powers herein provided for and if any of the provisions of this Agreement or any other powers granted by this Agreement shall be held unconstitutional, invalid or void by any court of competent jurisdiction, the decision of said court shall not affect or impair any of the remaining provisions of this Agreement. It is hereby declared to be the intent of the parties hereto that this Agreement would have been adopted, agreed to, and executed had such unconstitutional, invalid or void provision or power not been included therein. 5.4 Members of the City and County Not Liable. (1) All covenants, stipulations, obligations and agreements of the City and the County contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of the City and the County, respectively, to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. (2) No covenant, stipulation, obligation or agreement controlled herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future individual member of the governing body or agent or employee of the City or the County in its, his or their individual capacity, and neither the members of the Governing Body of the City or the County or any official executing this Agreement shall individually be liable personally or shall be subject to any accountability by reason of the execution by the City or the County of this Agreement or any act pertaining or contemplated hereby. Page 4 of 6 5.5 Term of the AÇlreement. The initial term of this Agreement shall be five (5) years from the Effective Date. The term of the Agreement shall be automatically extended in five (5) year increments unless wither party notifies the other party of its desire to terminate the Agreement which notice must be provided in writing at least ninety (90) days before the end of the then current term. 5.6 Beneficiaries. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the parties hereto, any right, remedy, or claim, legal or equitable, under or by reason of this Agreement or any provision hereof. It is the intent of the parties hereto that this Agreement and all its provisions are intended to be and are for the sole and exclusive benefit if the parties hereto. 5.7 Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given or filed with the City or the County shall be deemed sufficiently given or filed for all purposes of this Agreement if and when sent by registered mail, return receipt requested, or by direct personal delivery: To the County: S1. Lucie County Administrator (With a copy to S1. Lucie County Attorney) 2300 Virginia Avenue Fort Pierce, Florida 34982 To the City: Port S1. Lucie City Manager (With a copy to City Attorney) 121 S.W. Port S1. Lucie Boulevard Port S1. Lucie, Florida 34984 5.8 Execution of AÇlreement. This Agreement shall be executed in the name of the City by its Mayor and City Clerk and approved as to form and execution by the City Attorney, and the seal of the City affixed hereto. If any officer whose signature appears in this Agreement ceases to hold office before all officers shall have executed this Agreement or prior to the filing of this Agreement as provided in Section 6.11 hereof, his or her signature shall nevertheless be valid and sufficient for all purposes. This Agreement shall bear the signature of, or may be signed by, such individuals as at the actual time of the execution of this Agreement shall be the proper and duly empowered officer to sign this Agreement and this Agreement shall be deemed to have been duly and properly executed even though on the Effective Date any such individual may not hold office. 5.9 Filina with Circuit Court Clerk. The County is hereby authorized and directed after approval of this Agreement by the Governing Body of the County and the City and the execution thereof by the duly qualified and authorized officers of each of the parties hereto as provided, to file this Agreement with the Clerk of the Circuit Court of S1. Lucie County, Florida, as provided in Section 163.01 (11), Florida Statutes. Page 5 of 6 IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement as of the day and year first above written. CITY OF PORT ST. LUCIE, a FLorida municip corporation ATTEST: ~.VE~ A~,)~OFO~~ &'~i~RR~CT~E~~: íf 17) t:;) L0¡;;Jif:-/l¿h¿/~ (, Pam E. Booker Hakim Assistant City Attorney ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk CHAIRMAN APPROVED AS TO FORM & CORRECTNESS: COUNTY A TIORNEY Page 6 of 6 , . Exhibit "A" 81. Lucie County Comprehensive Plan · Exhibit "B" City of Port 81. Lucie Comprehensive Plan Adopted by Ordinance 97-50 on July 28, 1997 .......... AGENDA REQUEST ITEM NO. 7 DATE: March 13, 2007 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Mellon Patch Inn, 3601 N. AlA, Fort Pierce Resolution No. 92-254 BACKGROUND: See attached memorandum FUNDS AVAILABLE: NjA RECOMMENDATION CONCLUSION: Staff recommends that the Board of County Commissioners consider setting a date certain for a public hearing to determine whether to modify or revoke the conditional use permit. [~ APPROVED [ ] DENIED [ ] OTHER: Approved 4-1 Comm. Smith - No Motion to conduct a public hearing on Aprillih at 6:00 p.m. or as soon thereafter as it might be heard. issue on both sides. COMMISSION ACTION: Dou as . Anderson County Administrator [X] County Attorney: {~' Iteview and Approvals [ ]Management & Budget: [ ]Purchasing: [ ] Growth Management.: [ ] Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 "' INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 07-0377 DATE: March 7, 2007 SUBJECT: Mellon Patch Inn, 3601 N. AlA, Fort Pierce Resolution No. 92-254 BACKGROUND: The above referenced piece of property and resolution are before the Board for consideration as to whether the Board of County Commissioners should schedule and advertise a public hearing to consider modifying or revoking the conditional use approval to operate the Mellon Patch Inn at 3601 N. AlA. The County's Land Development Code provides that in addition to any other penalty and remedy for violation of this code, it is a condition of every conditional use approval that such approval may be revoked for: 1. Violation of any condition imposed upon such approval, and 2. Upon complaint and proof of adverse effect on adjacent properties. On November 24, 1992, the Board of County Commissioners passed Resolution No. 92-254, "A Resolution granting conditional use approval for Andrea 1. Mellon to operate a Bed and Breakfast Inn in HIRD Zoning." (Copy attached). When the Inn was being processed for the conditional use, Ms. Mellon requested to be excused from submission of a transportation impact report. She believed the amount of additional traffic would be negligible (please see attached). On September 28, 1992, the Board of County Commissioners approved a waiver of the transportation report requirement (please see attached). On January 23, 1993, traffic impact fees were computed based on two trips/day per four units (please see attached). On November 24, 1992, the required certificate of capacity was granted by the Community Development Director. The Certificate of Capacity approved by the Community Development Director constitutes proof of adequate public facilities to 1 H :\AgendaMemoKMS-MellonPatch. wpd serve the proposed development. A Certificate of Capacity is 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. Public facilities includes, but are not limited to, drainage and road facilities. At the time of approval of Resolution 92-254, the Land Development Code did not have a section titled 7.10.20 Bed and Breakfast Residences. Hotels/motels were and still are allowed as conditional uses in the HIRD zoning district. A hotel/motel is defined as a building in which lodging is provided or offered to the public for compensation, generally with occupation of less than four (4) weeks. (Copy of Planning and Zoning minutes attached). On May 25, 1993, the Board of County Commissioners passed Ordinance No. 93-007, which created Section 7.10.20 St. Lucie County Land Development Code Bed and Breakfast Residences. (Copy attached for relevant sections). In late 2005, Ms. Kathy Townsend inquired whether weddings, receptions and other events could be held at the Mellon Patch Inn (the "Inn"). On December 29, 2005, a Staff letter was sent to Ms. Townsend explaining the above history and determining accessory use (copy attached). Staff determined that the requested events are allowed as accessory uses for hotels/motels. An accessory use is subordinate to and serves an existing principal use. Complaint Historv On September 26, 2005, a complaint was received that there was no handicap parking area. The violation was corrected. On October 27, 2005, a complaint was received that a gazebo had been constructed without a permit. The gazebo was removed and the violation was abated. On December 15, 2005, a complaint was received that there was no special events permit for the tent. The tent was removed. In the Spring of 2006, complaints were received about traffic and parking on the rights-of-way around the Mellon Patch. On May 13, 2006, the County referred the complaint regarding excessive traffic and parking to the State. The State placed No Parking signs on AlA and the County placed No Parking signs on Jackson Way. On July 13, 2006, a Notice of Violation was issued to the Inn for having a deck without a permit. On February 7, 2007, the Code Enforcement Board found there was no permit for the deck and gave the violator until July 31, 2007 to obtain a permit. On February 1, 2007, an application was received for a minor adjustment to site plan for a covered deck area. The County has received complaints about the noise being caused by the special 2 H :\AgendaMemoKMS-MellonPatch. wpd events at the Inn. The County's on-call Code Officer received at least two calls in June 2006 and an additional call for excessive noise on July 15, 2006. In addition, a complaint has been filed with the County by over ~hirty neighbors sta;ing th~t .t~e noise from the special events conducted at the Inn since Ms. Townsend s acquIsition, are having an adverse effect on the adjacent properties (see attached letter from Growth Management Director). On September 30, 2006, a complaint was received regarding noise. A Sheriff's officer was present and the code officer found the music low. On February 15, 2007, a complaint was received that there was construction at the Inn, perhaps interior renovation, and a new staircase. On February 16, 2007, an officer went to the Inn and found no improvements being made, an old metal staircase was being scraped off. On February 27, 2007, a complaint was received in regard to the Inn's sign. An officer has inspected the sign and has been unable to locate a permit for the current sign. A notice of violation is being issued. Section 7.10.11A states that "No sales or transfers of alcoholic beverages for on- premises consumption shall be permitted except as noted below, within one thousand six hundred (1,600) feet of a religious facility, school, public park, or public playground. This section shall not be applicable to sales or transfers by any license holder whose use of his premises for such sale existed before the establishment of the use of the religious facility, school, public park, or public playground, or when the religious facility IS located in a CG (Commercial General) zoning district as a temporary use pursuant to Section 8.02.02(H). Complaints have been received regarding possible on-premises sale, transfer, and consumption of alcoholic beverages in the vicinity of a public park or playground. Discontinued Issue Section 11.07.05(J) states that "A conditional use permit shall be deemed to authorize only the particular use for which it was issued and shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of twelve (12) consecutive months. On August 1, 2006, the Tax Collector's Office confirmed the following sequence of events according to their records: Closed - July 1, 2002 No Business - 2003 Open 1 month in 2004 to house hurricane victims Closed remainder of 2004 Purchased August 15, 2005 by Kathy Townsend 3 H :\AgendaMemoKMS-MellonPatch. wpd During the above time frame the business was being actively marketed for sale as an Inn. There was an occupational license and personal property taxes were paid (see attached letter). The Growth Management Director has determined that the use was not discontinued. RECOMMENDATION ¡CONCLUSION: Based on the complaints received from the neighbors, Staff recommends that the Board of County Commissioners direct staff to advertise for a public hearing to determine whether to modify or revoke the conditional use permit. Respectfully submitted, DSM/cb ~ Katherine Mackenzie-Smith Assistant County Attorney 4 H: \Agenda MemoKMS- Mellon Patch. wpd 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 <2 30 '~2 31 :>" 32 ~~; 3 3 ~ 34 0' 35 ';{' 3 6 1 37 .¡. 38 ~ i~ 43 44 45 46 47 48 49 Douglas Dixon I Clf .~ of the Circuit Court - S Lucie County File N,.umber: 12. -:.: 05 a 2 OR BOOK 0 a _ 0 PAGE 0423 R~corded: 12-15-92 03:56 P.M. RESOLUTION NO. 92-254 FILE NO.: CU-92-009 A RESOLUTION GRANTING CONDITIONAL USB APPROVAL FOR ANDREA I. MELLOR TO OPBRATE A BED AND BREAXFAS'l' IBH IIf BIRD (HUTCHINSON ISLAND RESIDBBTIAL DIS'mICT) ZONING WHEREAS, the Board of County commissioners of St. Lucie County, Florida, has made the following determinations: 1. Andrea I. Mellon presented a petition for a Conditional Use Permit to authorize a bed and breakfast inn in BIRD (Hutchinson Island Residential District) zoning for the property desèribed in Section A. below. 2. On October 22, 1992, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 15 days prior to the hearing and notifying owners of property within 500 feet of the subject property by mail. At this public hearing, the Planning and Zoning Commission recommended that the Board approve the hereinafter described Conditional Use Permit at the property described in Section A. below. 3. On November 24, 1992, this Board held a public hearing on the petition, after publishing a notice of such hearing in the Port St. Lucie News at least 15 days prior to the meeting and notifying all owners of property within 500 feet of the subject property by mail. 4. The proposed Conditional Use is consistent with the general purpose, goals, objectives, and standards, of the St. Lucie County Comprehensive Plan and has satisfied the standards of review set forth in Section 11.07.03 of the St. Lucie County Land Development Code. S. The proposed Conditional Use will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 I' 6. The proposed Conditional Use 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 Conditional Use will be served by adequate public facilities and services. 8. The applicant has provided sufficient evidence that adequate fire protection will be provided for this Conditional Use. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for Andrea I. Mellon to authorize a bed and breakfast inn in HIRD (Hutchinson Island Residential District) zoning is hereby approved for the following property. Coastal Cove Unit 1, Tract A B. This Conditional a Certificate of Use extension 11.07.05(F), St. Use shall expire on November 24, 1993, unless Zoning Compliance is issued or a Conditional is granted in accordance with Section Lucie County Land Development Code. C. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Administrator on November 24, 1992. After motion and second, the vote on this resolution was as follows: Chairman Judy Culpepper AYE Vice Chairman R. Dale Trefelner Abstain commissioner Havert Fenn AYE Commissioner Cliff Barnes AYE Commissioner Denny Green AYE 2 c . ~ ~ c c . ~ c c ~ c " :x c; tI c ~ ~ ~ .. 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 PASSED AND DULY ADOPTED this 24th day of November, 1992. BOARD OF COUNTY COMMISSIONERS ST. LUCIE ATTEST: DPK,H:\WP\COND _ USE\MELLON.RES -1 , APPROVED AS TO FORM AND CORRECTNESS: 3 ". ( ,~ ~. C .., v ~ -, C ., :x Ci t'3 C ~ ~ U f 0) ST LUCXB COUR'lY CERTIFICATE OF CAPACITY -..... ,) . .;..' CER~IFICATE RO.: C92-0306 This document certifies that concurrency will be .et and that adequat.: public facility capacity exists to .u.ntaiD the standards for levels of øerv1ce as adopted in the st. Lucie county comprehensive plan for: 1. TYPE OF DEVELOPMENT ORDER: Cond. Use Bed & Breakfast, NO. OF UNITS: nla, NO. OF SQUARE FEET: 4 bedrooms 2. PROPERTY LEGAL DESCRIPTION & TAX I.D.# (& STREET ADDRESS): 1423-802-0001-000/1 Coastal Cove unit 1, Tract A ~elon Patch Inn, A-1-A/Jackson Way 3. AS APPROVED UNDER: Res#: 92-254 Building Permit/Resolution Number 4. SUBJECT TO~ THE FOLLOWING CONDITIONS FOR CONCURRENCY: None s. OWNER'S NAME: Andrea I. Mellon ADDRESS: 3120 A-1-A N, #501 Street - Fort pierce Fl 34949 city state zip PHONE: 407/461-5231 6. DEVELOPMENT ORDER EXPIRATION DATE: November 24, 1993 7. CBRTIF1:CATE EXPIRATION DATE: November 24, 1993 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 as listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development order issued with this certificate, or for subsequent development order(s) issued for the same property,....JJa~ .d "'.LZe as de ri deberein. SIGNED: DATE: 11/24/92 November 16, 1992 ( C ~ ( ., :J c; tJ c ~ ~ o AJVDREA ]v!r.LL()lV 3120 ]Ýorth A 1 A #501 Fort Pierce, Florida 34949 (407) 461 5231 Tuesday, September 15, 1992 TO THE PLANNING BOARD; Please exc\lse rtlð from writing a tr-ansporta.tìor'llffip3ct report. Since we will have 4 bedroon1s to refit the arflount of additional traffic will be negligible, Please exc.'Use me from writing an environmental írnpact report. Our project is too srnal1 to have any environrnental irclpact. Thank you Cl ¿tLc-- rruÆ~ .ß r"l:lr'A~ f,.{A111rJri' r... ../r.l. .Lvi v ..' .. ft ú.... Þt c.·t-l¡"....t f'" I'll?:. H , A.J k¡ ~~CULPEPPER 8 -~~TERPEN lNG, INC Consulting Engineers · Land Surveyors 805 Virginia Avenue, Suite 15· P.O. Box 1449 Ft. Pierce, FL 34954 . (407) 464-3537 . Fax (407) 464-9497 July 22, 1993 HAND DELIVER TO: Job No. 93-15 Mr. David Kelly Planner III St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 1\;, L j .jUL " ~.._.. '10; . Re: The lvldJon Patch Dear David: We appreciate your Department's review and consideration of our request to evaluate the Mellon Patch Bed & Breakfast facility in regards to the proposed Traffic Impact Fees. Having discussed our original proposal with your office, we would concur with the suggested modifications to base the calculations of the impacts upon the ITE Code 220, Apàrtments, Post-1973. This ITE Code would be utilized only for the Bed & Breakfast rooms proposed in this facility and the other impacts generated by the Single Family Use would be charged as outlined in the ordinance. ' In utilizing this code we find that each Bed & Breakfast unit will generate two (2) trips/day when utilizing the Traffic Impact Fee model. This would generate an impact of $476.00/Room as based upon the information provided by your office. We now find and can calculate that the total Impact Fees for the Development are revised as follows: Description No. of Units Amount Total Single Family 1 $2,235.00 $2,235.00 Bed & Breakfast 4 $ 476.00 $1.904.00 $4,139.00 We appreciate your Department's assistance in evaluating the anticipated impacts for this Development and as always, if we can offer any further assistance, please feel free contact us. Sincerely, G, INC. .1 ,', .......~/. BOARD OF COUNTY COMMISSIONERS REVIEW October 6, 1992 MEMORANDUM DEPARTMENT OF COMMUNI'IY DEVELOPMENT TO: Board of County commissioners FROM: Development Administrator DATE: September 28, 1992 SUBJECT: petition of requirements County Land Report Andrea I. Mellon for relief from the of section 1l.02.09(A) (4) of the St. Lucie Development Code - Transportation Impact Andrea I. Mellon the applicant of Mellon Patch Inn Bed & Breakfast, a colDlIÌercial lodging establishment located on North Hutchinson Island, is requesting that this Board authorize relief from the requirements of Section ll.02.09(A)(4) of. the St. Lucie County Land Development Code. The provisions of this Section require that all site plans for development located on Hutchinson Island submit for approval a report which assess the impacts of development upon transportation facilities. The Code specifies that a waiver of this report may be granted by this Board upon the demonstration by the developer that the information foiågone by such relief is not needed to determine the impacts of the ·proposed development upon transportation facilities. Staff has reviewed a request by the agent for a waiver of this report and has determined that, based upon the relatively small size of the project, the submission of an Transportation Impact Report is not necessary to determine -the impacts of the proposed development upon the traffic facilities'in this area. Staff notes that this development will not result in a reduction in the Level of Se~ice along S.R. A-l-A, and recommends that this request for relief of the requirements of Section 11.02.09(A)(4) be approved. September 28, 1992.., Page 2 Subjec~ Mellon Patch Inn If you have any questions on this matter, please contact this office. re H:\WP\MEMOS\TIRWAV.MEl co; county Atto+ney Commission 'secretary Andrea I. Mellon press/public - AGENDA REQUEf1.: ~~.j.L_.L. . "'n~~ ~c.~"-" 0a..~ 'Y ,,\ ~.~~ Ø'.'I.~~ \ \~~ ~OR\~" .;,q;...-c.-.:V" ....~._............ --- .....,.. '¡tJ II- 'j ",,! .. ..... DATE: September 28. 1992 REGULAR: 10/6/92 SPECIAL: REQUEST PRESENTATION: PUBLIC HEARING: ITEM DESCRIP'rIOH - S1JBJXCT: COMMUNITY DEVELOPMENT - Pl~ning Division: "--. ~MUNtrf OEV[LOP,"')" -- J 51. LUCIE CO, H X - CONSENT: WORK SESSION: Consider the request of Andrea :I. Mellon for relief from the requirements of Section 11.02.09. (A) (4) of the St. Lucie County Land Development Code - Transportation Impact Report. Location: Northwest corner A-l-A and Jackson way, North Hutchinson Island. RECOMMENDATION: Grant the request of Kellon Patch Inn for relief from Section 11.02.09(A)(4) ot the Land Development Code - Transportation Irope.ct Report AVAILABLE FUNDING: . (IS BUDGtT AMENDMENT REQt:JIRED) YES: NO: ACCOUNT NUMBER t'RESENTED BY: DEPARTKENT: COHHtfNI'1'Y DEWLOP1ŒNl' CONCURRENCE: o " THÐ L. KINDRED COUNTY ADMINISTRATOR :Ä::ni\Ji':'Ì'!iIi::~~':'A:~~:¡;¡:m:t:S#'1 ~\i,~!àt,,~&1\~W:t;gtì$\g~~~m BOARD OF COUNTY COMMISSIONERS ACTION Approved ¡.uo.NAGJ::IŒN'1' ¡ BUDGET ADHIN. D~LOPKENT ADMIN. PUBLIC wo~~ ADMIN. UTILITIES ADMIN. -. LEISIJIU.: SERV1èES ADMIN. PERSONAL ADMIN. PORT DIR. AIRPORT [}IR. ENCINEERING DIR. PURCHASINC DIR. AGENDA(_) DATE: 1D/6/92 to v~ ( ..(/-"l...-/ oma. L. Kindred County Administrator CODE COMP. t>IR. GROWTH KGT. DIR. PROPERTY ACQ. DIR. '-I(~L L Ie {( 7 ~' I lA.J'1-t"' 't I\J I ~ I \, ~L ~. '- j~' ''-+!C/t'L " "I' v' ( I -,¡ "\""'- '-- ST. LUCIE COUÑ1Y PETITION FOR CONDITIONAL USE PERMIT DIRECTIONS Please complete the requested information below and submit all items to the St. Lucie County Department of Community Development, Planning Division, 2300 Virgiµia Avenue, Room 203, Ft. Pierce, Florida. All applications must be accompanied by the proper non- refundable application fee or they cannot be accepted for processing. CONDITIONAL USE TYPE REVIEW FEE CON. USE - less 10 ac $500 CON. USE - 10 ac more $800 CON. USE - w/Site plan $1000/$1600 PLEASE TYPE OR PRINT ALL INFORMATION. PLEASE USE BLUE OR BLACK INK ONLY. Following certification of completeness, this petition will be scheduled for the next available Planning and Zoning Commission meeting. Presentation to the Board of County Commissioners is dependent upon scheduling before the Planning and Zoning Commission. Allow a minimum of 90-120 days for completigµ of the public hearing process following the certification~of this petition. SPECIAL NOTICE: 1.) Under the prov~s~oris of the St. Lucie County Land Development Code, a petition for conditional use is considered to be a FDiAL DKVRLOPH£H".I: ORDER. Under the definition of Final Development Order, and consistent with the Countys' concurrency regulations, sufficient capacities must be demonstrated in all area of required level of service before this petition can be approved. Should it be determined that insufficient services exist, no Final Development Order will be issued until the cited deficiencies are corrected. For additional information please contact the Department of Community Development, Growth Management Division, Room 201, St. Lucie County Administration Building. 2.) Some Conditional Uses applications will require the submission of site plan in conjunction with the Conditional Use review. If the proposed conditional use activity/development would otherwise require the submission of" a site development plan as described in Section 11.02.xx, St. Lucie Land Development Code, no scheduling before the Planning and Zoning Commission can be authorized until such time as the site plan is determined by the Development Review Committee to be complete and consistent with applicable County codes. For additional information please contact the Department of Community Development, Planning-Division, Room 203, St. Lucie County Administration Building. --- 1) Applicants Name: /IN Of-E A -L. 31 LO ¡J,OeT1-\ FT. A,{ EA-J. o;J A- I-A PIf0e<-L r::L 3-1-9-11 16/ - 5 Z 3 J il 501 Applicants Address: Applicants Telephone: 2.) Conditional Use requested: 560 I £. " í3{!£A'uA~) 3) Legal Description of property proposed for rezoning - (attach extra sheets if necessary): Co 0/:> \A-L C-ÜVG V.....t l\ - c-(2AGi A 4) street Address: 3/<-Í . I ~ Z-3 (Square Ft.) - g:O'L - oc.o \ 33000 'ooO/f I 5) 6) Parcel size (complete both): Acres) Pråperty Tax Identification Number: 7) Zoning Designation: Present Zoning/Land Use HIKD 8) Land Use Designation: t<0 9) Is a chanqe in Zoninq being sought with this petition for Conditional Use: YES: NO: ~ 10) Is a chanqe in Land Use being sought with this petition for Conditional Use: , .' YES: NO: t,...-'" 11) Is a site plan approval being sought with this petition for Conditional Use: / YES: NO: " 1 ! ÆfÆttmI!Èã&~~~æ¡ CU File Number: Date of Required Pre-Application conference: Conditional Use - Zoning Code Designation: SIC code Designation: PLEASE ANSWER EACH OF THE FOLLOWING QUESTIONS: (attach extra sheets if necessary) 12) Briefly describe the reason for this requested conditional Use. \ ----ro oP~ t) B60 ';- gæM/Ki~'M-: 4--s fJU2~IYì-W Aß:> A C.(:v..l 0 I 'ï ( ()...J ~ UsL ¡,.J t-f((G{) :mAl ( Ale¡ 13) How is the proposed conditional Use compatible with the existing uses in the surrounding area? ~ 0~¿ AD) kE¿J'Y /7:> R?üfb'S61-:? '0 (,;J.,j¿ FDf'ê. A t-A~L ¡j1jtA-{L ¡:-~{q Ha(,~~ )-0 14) Is the proposed conditional Use in conflict with any portioñ of the st. Lucie County Land Development Code or the st. Lucie County Comprehensive Plan. ;Jo 15) what are the anticipated impacts of the proposed Conditional Use on the public facilities, existing and future needs, in this area? JNé: AÆ(tC.tf'A'!£P lk-tPAG"'î? 4e£ tt{;rJu-{/f~ J W~~ A~D?~, -:>610.J\G£6 WIÁ-ÁJ 13£ PØJv\D6Q "Jr. J-vJ C-t r ., -ri211FFl G I vU (J ~ 0~ ~L ItA (At t-lA ~., , ß'( '""- ~. 16) what are the anticipated environmental impacts of this conditional Use. If there is not to be any anticipated impacts, please explain why. MON. £ ) /:) I A.t?) J£ F ~ (JJ-/ w u...-t E. ~ of wl+tŒ UJllL Alo.... I --n+£, t?æo~ £cT CO~?tS\""S ()Ç A 3/1 A-c¡VS. CL£4¿£ç; ocJ ß¿ /..JvR~ ¡¿ 4N£oKt LL{ll,'VEL'/ A--¡- 'HJis 'N~£, 17) Please provide any additional information about size, hours, and seasons of operation, number of employees, anticipated duration of the use, access improvements, hazardous substances used, and any other topics that would assist in the evaluation of.this application. /~itf.' PoJ <G y'tStt.£ ftAJA.t '0 ç 4t.ú l;.J.). (ZcDu..-t -S W L N 64'r-t/-S Fo¡¿, CbJT I,,) AX- A1..JìI G i pF] l£0 fu\.-{ P"-Oy EÈ~~· oJ. L pj..v~ ACKNOWLEDGMENTS APPLICANTS INFORMATION: (please print) AI\\D¿eA -L ItAUtoJ Applicant Name 3Jl.O No¡?:.¡---H A - I - A t!:. 5DI Address {ì. PI E42-LL Pi-- &/-9--11' city state zip ~(v --- Phone: -~z:."3) PROPERTY OWNERS INFORMATION: (please print) - This application will not be considered to' be complete without the signature of the Property Owner of record which shall serve as an acknowledgement of the submission of this application for change in zoning. Property OWners Name Address c~ty state Zip phone: -:- ;:, Property OWner's signature Date ***************************************************************** , .- æ~§!j¡~~; FILE CODE: RECEIVED: DATE APPVD: RES/ORDER NO: CERT. COMPLETE: P.¡.z REVIEW (1): CBECK NO: RECEIPT NO.: Bee REVIEW (2): TAZ: FLZ: WAXER: SEWER.: EIS: TRF: FIRE : DRAIN: APPVD APPVD APPVD APPVD CONCURRENcy: ROADS (Y) Wl\IER (Y) SEWER (Y) (N) (N) (N) DRAING (Y) SWASTI!: (Y) HTRNST (Y) (N) (N) (N) CONUSEl(FORHS) 1/92 _.___i·! -J-'/J, - " '>cL" , .: ..~.- ",, i--..; / I "c· f I " ~, /.~ " //- / ,<-: "/ I,~,-~_S.~, I ¿'-/.':'.-:':>("-¡.,~/ /' PUBLIC HEARING - ANDREA I. MELLON FILE NO. CU-92-009 nfil~V:~~~~ ~~ ~ UZ~~i-" d........t¡..·~ UB [1-"'- ..,." S lc~.I1 ¡~ ¡. 1'"1" n __,~~,!¡~1" PU\Md\\U <..'! L'~:U'W COivHÆSSmN lW?¡~uVAl Mr. David Kelly presented staff comments. He stated that this petition is for Conditional Use approval to allow the petitioner, Andrea I. Mellon to build and operate a bed and breakfast inn in HIRD (Hutchinson Island Residential District), located at the Northwest corner of state Road A-I-A and Jackson Way. He stated that the petitioner intends to construct a five bedroom single family home on a 33,200 square foot lot directly across from Pepper Park. He stated that the St. Lucie County Land Development Code does not specifically address bed and breakfast inns ¡however commercial lodging establishments are permitted as conditional uses in HIRD zoning. Because of its size, this use was ~ot required to have site plan approval, but staff asked that the petitioner submit building plans in case they became necessary for review by-this Board. He further stated that this petition meets the Standards of Review as set forth in section 11. 07.03, st. Lucie County Land Development Code, and staff recommends that this petition be forwarded to the Board of County commissioners with the recommendatio~ of approval. Mr. McCain asked Mr. Kelly for clarification of the definition of "bed and breakfast." Mr. Kelly stated that the Land Development Code does not define a "bed and breakfast." He stated that this will be a five bedroom home, the petitioners will live,permanentlŸ in one of the bedrooms, and will have guests in the other four bedrooms. The guests will be able to stay the night and may receive breakfast the next morning. He stated that based on these characteristics, a bed and breakfast establishment would be considered to be a commercial 10dgin--9 establishment. . Ms. Andrea Mellon, the petitioner, appeared before the commission. She stated that she did not have anything to add to staff comments at this time. Ms. Laura Caccamo, an adjacent property owner, appeared before the commission. She stated that she and her husband now reside in Plantation, Florida, but they own property on Jackson Way and they do intend to build a home there. She stated that their concerns were in regard to the parking and noise. Ms. Mellon stated that she and her husband will be living on the premises, so they do not anticipate any more noise than a typical residence. She stated that they will have six parking spaces to accommodate their clientele, which should not bother their neighbors. 2 ,'~Off\\;\V.l.~ st\B~EC1 10 "7 'n-l~ O,-r.t-'K~\'\G 8l toÛ\'<!;., I\l r I\'~ !-.\ r, r,¡!'\PU'J COVJn(\\SS\\ht H~ r \ Ms. Caccamo asked whether or not a bed and breakfast in the area would add to septic system problems. Ms. Mellon stated that she intended to meet all County building requirements, so there wouldn't be any septic problems. Mr. Kelly stated that st. Lucie County utility services, both water and sewer, are available for the subject site. Ms. Caccamo asked Mr. Kelly whether or not water and sewer were available to the entire block. Mr. Kelly stated that he believed the utilities were available only along State Road A-1-A, and were not available to Jackson Way at this time. Mr. and Mrs. George Metz, adjacent property owners, appeared before the Commission. Mr.o Metz stated that he wanted to present a petition signed by adjacent property owners. He stated that most of the owners were not objecting to the bed and breakfast, but they were opposing the proposed dock. He stated that a dock would be an invasion of h~s privacy, and that he is opposed to the possibility of the driveway to the bed and breakfast coming in from Jackson Way instead of State Road A-I-A. Mr. Metz stated that according to his research, for any dock being built over 1,000 square feet on a natural waterway the Department of Environment Regulation (D.E.R.), would be responsible for issuing the permit, along with the u.S. Army Corp of Engineers and the Department of Natural Resources (D.N.R.). He further stated that if a dock is 500 square feet, then the County would issue the permit. Mr. Carman stated that the County does not issue dock permits. If a dock interferes with the adjoining properties, D.E.R. would not issue the permit. Mr. Klein asked Mr. Kelly whether or not the dock issue was to be considered by this Board. Mr. Kelly stated no. The dock was not a part of this petition. It was shown on the site plan and marked "if permitted," because staff recognized that obtaining a dock permit from the State could take a long time. Chairman Terpening asked Ms. Mellon whether or not she had been issued a driveway permit. Ms. Mellon stated that she has been issued the permit. 3 UN.Gff\t\f.\l- Mr. Klein asked restricted to the "" If) ,I';"¡ 1"3 ~\.I~}\...\'I h \O,H ,(" I> PLM.\'~:N;-'I Of. COM~~lSS\ON Chairman Terpening if the comments could immediate issue of the petition. lC'!I\',lNG \.} .,.¡ I\?PRG'J AL be Chairman Terpening stated to the audience that all comments would be restricted to the issue of the bed and breakfast and exclude the dock issue. He stated that any permit application for a dock will be reviewed by the state. Chairman Terpening asked that the petition presented by Mr. Metz in opposition to the zoning petition be entered into the record. The petition stated that homeowners on Jackson Way are opposed to the bed and breakfast, and the proposed dock, but the petition did not specify why th,e residents were opposed. The petition contained twenty-three signatures. Mrs. Metz stated that she opposes the bed and breakfast use, if there is going to be a dock. Mr. Robert Tabor, an interested person, appeared before the commission. He stated that he lives one mile north of the subject property on state Road A-1-A. He stated that there is plenty of room for commercial businesses to share the beach. He further stated that h~ is in favor of the petition. Mr. Neil Millett, an interested person, appeared before the commission. He asked whether or not the owner of the strip of land behind the subject property had been notified of this hearing. He stated that he was unable to find outt~e owner's name. Mr. Kelly stated that when this was brought to his attention late today, he concluded that the parcel is the canal bank, and is , possibly owned by the state of Florida. Mr. Millett stated that he is also opposed to the dock. He stated that the petitioner should not be able to construct a dock, without knowing the owner of the "canal bank." .... Ms. Betty Conners, speaking on behalf of Dr. Virgil Rizzo, an interested person, appeared before the Commission. She stated that Dr. Rizzo is in favor of the petition. Hearing no further comment in favor or opposition to the petition, Chairman Terpening closed the public portion of the hearing. After considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.07.03, St. Lucie County Land Development Code, Mr. Klein made a motion that the Planning and zoning Commission recommend that the st. Luèie County Board of County Commissioners approve the application of Andrea I. Mellon for a Conditional Use to allow for the construction and operation of a Bed and Breakfast Inn in HIRD {Hutchinson Island Residential 4 U9.,nr'f'H1:, F\' =-- NUf r ~':5~:'ù'''' stm;E\;1 1Q "~-''It.l~ C" ;\ ~1~;P.r~ ~. !.t;'. ¡,~'~.J 1"..~~,:·\:.·it:..1 .... .".\-"/~ ;....i. District) zoning. Ms. Allen seconded the motion an&ßh~bfi~~~~lf'~~{î the Board voted unanimously in favor of the motion. Chairman Terpening informed the petitioner that her petition would be forwarded to the Board of County Commissioners with the recommendation of approval. 5 ",oAnne Holman, Cler' ,f the Clrcui t Court - st. File Number: :L2Sø:LS9 OR BOOK 084_ Recoràed: 06-16-93 02:12 P.M. uc1a County .~ PAGE 2378 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 U 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 ORDINANCE NO. 93-007 AR ORDIRABCE AMBRDIHG TBE ST. LUCIE COURTY LAHJ) DBVBLOPJIEft CODS BY PROVIDIHG FOR AJlEIIDJIENT ~o SECTION 2.00.00, DBPIRITIORS; BY AMBRDIRO SECTIOHS 3.01.03(P), HE-l, RBSIDBRTXAL BSTATE -1; BY AHBRDIHG SECTION 3.01.03 (0) , RB-2, RBSIDDTIAL ESTATE -2; BY AJlBRDIRG SBCTIOR 3.01.03 (M), BIRD, ær.rcBIRSOR ISLMD RBSIDBnIAL DISTRICT; BY CRBATIRO SECTIOR 7.10.20, BBD & BRBAKFAS~ RBSIDIDfCSS¡., ':BY AJlBRJ)IRO SBC~IOR 11.02.05(B) (10), PROCEDURES POR RBVIBW OF SID PLASS, RBVIBtf OF APP1.ICA!'IORS FOR, PRBI.IKIITARY ARD PIRAL PLAHS POR PLAlDlBD DZVELOP.MBRTS¡ BY AHBRDIRO SBCTIOR 11.02.09(A)(2) & (3), .PROCEDURES FOR RBVIBW OF SIn PLARS, SUBMIftAI.S POR JIIROR ~. AIID NaJOR SID PLABS¡ BY AMBJIDIRO 8BC!'IOR 11.02.10(A)(2) & ('3), PROCBDURBS FOR REVIEW OP SIB PLAITS, SUBKIftAI.S POR PI.AIDIBD DBVBLOPJIISft SID PLUS; BY ANDJDIRO SBC~IOIIJ 11.05.01(A), BUILDIRO AHD SIGB PBRKIn, BUILDIRG PBRMITS; BY AJIBIIDIHO SBœIOR 11.05.06(8), VBGBTUIOR REMOVAL PBRJIIT8, APPLICM!IOR RBQUIRBIIBII't8, PROVIDIBG FOR SBVBRABI1.Xß, PROVIDIRG FOR APPLlCABILIft; PROVIDIIfG POR FI1.IBO 1fI~B ftB DBPAItDIBIr.r OP S!'AD; PROVIDIRO POR AB BP'FBCTnrB DAR; AJD) PROVIDIJIG FOR ADOP'.rIOR, .um PROVIDIIIG FOR CODIFX~IO.. 1fJIBRBAB, the Board of County Commissioners of St. Lucie County; Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, P'lorida, adopted the St. Lucie County Land Development Code. 2. On March 14, 1991, the Board of County Commissioners adopted certain amendments to the st. Lucie County Land Development Code, through Ordinance 91-03. 3. On May 14, 1991, the Board of County Commissioners adopted certain amendments to the St. Lucie County Land Development Code, through Ordinance 91-09. 4. On November 7, 1991, the Board of County Commissioners - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - onderl::;. 1s for addJ.tion ec~1k. ~ ~9k i. for deletion OrdinlUlc. 93-007 Page 1 PRIHT DATBI 5/25/93 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 . OR BOOK 0845 -\GE '2379 adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 91-21. 5. On June 2, 1992, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 92-17. 6. On February 16, 1993, the ,Board of County Commissioners adopted certain additional 'amendments to the st~. Lucie County Land Development Code, through Ordinance 93-01. 7. On February 16; 1993, the Board of County commissioners adopted certain additional amendments to the St. Lucie' çounty Land Developmen1; COOe,' through Ordinance 93-0~. . 8. On April 22, 1993, the Local Planning Agency/Planning and Zoning commission held a public hearing on the proposed ordinance after publishing notice in the Port st. Lucie News at least fifteen (15) days prior to the hearing and recommended that the proposed ordinance be approved. 9. On May 11, 1993, this Board held its first public hearing on the, pròposed ordinance, after publishing a notice of, such hearing in the Port St. Lucie News on May 4,' ,:1993. , 10. On' May, 25, 1993, this 'Board 'held its second,' public· hearing on the proposed ordinance, after publishing a notice of such hearing in the Port st. Lucie News on May, 18, 1993. ' ' 11. 'Fhe proposed ~ndment to the St. Lucie County Land Development CÇ)de is consistent with the general purpose, goals, objectives and standards of the st. Lucie County Comprehensive Plan and is in the best interest of the health safety and public welfare of the citizens of St. Lucie County, .Plorida. .\ i , ¡. ROW, ~rORB, BB I~ ORDAIRBD by the Board of County Commissioners of st. Lucie County, Plorida: PAR~ A. SPBCIFIC AJIBI1DIIB)r,rS TO ~ ST. LUCIB comrrr LARD DBVBLOPJIBJIT CODB CAUSXRG ftB CODS TO READ AS FOLLOWS, IHCLUDB I - - - - - - - - - - - - - - - - - - - - - - - ,- - - - - - - - - - - - - - - - - - - - - - - - - - underline i. for addi.t:loa S..lke ~.eu~k i. for delet:~n Ordinance U-007 Page 2 PRINT DA~I 5/25/'3 1 2 3 4 5 6 7 a 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 b~ BOOK 0845 ;E 2'380 CHAPTER II DEFINITIONS 2.00.00 DEFINITIONS When used in this Code, the following terms shall have the meanings herein ascribed to them. Words that are not defined herein shall have the meanina of Webster's Ninth New Colleaiate Dictionary. as revised. BBD , BRBAKFAST RBSIDBRCBI An owner-occu~ied dwelling unit that contains no more than five quest rooms where transient lodaing. with or without meals. is provided for cOmPensation. D1fBLLIBG, DftACBBD SZRGLB-PAHII.Y: An individual dwelling unit located in a building ~àa~ is fte~ physieal1y eeaneeteå ~hich does not share any common connection to any other dwelling unit and that is designed to be occupied by no more than one (1) family, living .as a separate household unit. The Board of County Commissioners shall determine that a Class A Mobile Home meets the definition of a detached single-family dwelling unit upon the demonstration by the åpplicant that the exterior dimensions, the exterior walls, and the roof of the Class A Mobile Bome is similar to that of a detached slngle-family dwelling unit. YARD, FRORT: A yard extending acrOBS the front of a lot, bounded by the side lot lines, front property line and the front of the main building or any projections thereof. as depicted in Piaure . , . Ift all eases, the maift 8aildift! aad any pre]ee~iefts ~åereef .as~ 88 8ehind ~he liBe af miøimga lot wid'h. A "RBOUIRBD Front Yard" is that minimum setback distance set· out for the zoni~a district in which the lot is located. YARD, RBAlh A yard extending across the rear of a lot between the side lot lines and the rear property line and the rear of the main buildinc:r or any projections thereof. as de{)icted in Piqure ":T.£. eè èelft! ~he required minimum ~8riB8ft~al diB~anee De~ween ~àe rear preper~y 1iae aad ~àe rear af ~he main D~ilàiftg e~ aay pr8jee~iens taereef. A "REQUIRED Rear Yard" is that minimum setback distance set out for the zoning district in which the lot is located. On all lots the rear yard shall be at the opposite end of the lot from the front yard. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Underline 1. for addition 8~.!k. ~.u,~ ~. tor deletion OrcSinaneB '3-007 Pag_ 3 PRINT ~I 5/25/93 OR BOOK 0845 \GE 238 J.. 1 YARD, SIDEz A yard between the main building and the side line of 2 the lot, extending from the required front yard to the rÐ~1iired 3 rear yard, as depicted in Figure it. A "REOUIRBD Side Yard" is that 4 minimum setback distance set out for the zoninq district in which 5 the lot is located. aad i:teiBg tae &ÙaÎ:IR\HR heriliiloa:tal dis:taaee 6 i:tetweea a side preper~y liRe aad the side af the maia ~Qil~iRg ar 7 aay prejeetieRB thereaf. ' a g' 10 FIGURE ## B: ~ ,+ I~I I ~ I I I Lit- ~I STR~CTURE LEGEND 'A: REQUIREQ. FRONT 'YARD B: RE9UIREc":REAR YARD C: REQUIRED SIDE YARD , , ',' J, ,.',C: -- ,¡; EAa-t REQUIRED VA.RD .wilL, VARY BY ZONING 'DISTRICT A: 59 60 61 62 63 ************************** CHAPTER III ZONING DISTRICTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Underline ~ for addition ¡~1~8 Skr8v,_ 1. for deletiou Ordinance '3-007 Page .. PRIHT DA~I S/25/'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 . QR BOOK 0845 \GE 2382 3.00.00 ZONING DISTRICTS 3.01. 03 ZONIMO DIS~RIC~S P. RB-l RBSID~IAL, ESTATE - 1 6. Conditional Uses äL Bed & Breakfast Residences - Subject to the requirements of Section 7.10.20. (,m .&T~ Family residential homes located within a radius of ane thousand (1,000) feet of another such family residential home. ('''' ~ Landscaping & Borticul tura1 Services (078) &-rd. Veterinary Services. (074, G. RE-2 RESIDBRTIAL, BSTA%E - 2 6. Conditional Uses äL Bed & Breakfast Residences - Subject to the requirements of Section 7.10.20. (ltt) &T~ Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (II") M. SIRD IIU1'CBIRSOR ISLARD USIDDTIAL DISft1:C7 6. Conditional Uses b. Uplands (1) Hotel, motel, resort, rooming and boarding houses, tourist court, and time-share or transient lodging facilities with rooms or dwelling units used for occupancies of less than four weeks, provided that the number of rooms does not exceed the residential densities set forth in subsection 7 of' this section. .w!J. (2) Athletic and entertainment clubs or facilities, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - !nder1ine i. for addit10n 8_ 1k. .k~.~,h i. tor deletion Ordinance 93-007 Page 5 PRINT~: 5/25/93 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 , OR BOOK 0845 ~E 2383 provided that the proposed use will not generate traffic in excess of that projected for the parcel if developed at the maximum permitted residential density. .ill!J. 11l Bed & Breakfast Residences Subject to the reauirements of Section 7.10.20" (ttfl ************************** CHAPTER VII' DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS S~IOR 7,,10,,20 b GBNBRALJ;,Y 8BJ) UD BRBJUQPAS~ RBSIDBHCBB " " '1'(;: . ':ii: ?'~:~: . , . In the RB-l. RB-2. and BIRD Zoninq Districts a Bed and Breakfast Residence is Dermitted as a Condi~iònal Use subject to the criteria set 'forth in this Section and Section 11.07.00. lL. MINIMUM STANDARDS ~. . '.,' f .L. '.rhe followinq reauirements shall aDDI y . to all Bed and, Breakfast Residences: AL The Bed and Breakfast Residence must be secondøTV to the use of the DrAmises as a residential dwellina. All aDplicants for a Bed and Breakfast Residence~ must own and OCCUDV the buildina where said use will occur as their Drincinal residence. Separate structures, accessory buildina and garages are not nermitted to be used as living units or sleepinC] rooms. '~... )~."... '~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O'IIderline i. tor addition ~wlk. Ck..a9R i. for deletion Ordinance 93-007 Page 6 PRZRT ÞA%BI 5/25/93 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 'OR'BOOK 0845 2384 p !h On1 y a sinqu1ar sign, for the purposes of identification. no advertisement shall be permitted. Identification sicm shall not exceed four square feet in area and shall not be illuminated. £..:.. The maximum number af quest rooms made available for rent shall be five. ~ One off-street parking space shall be provided oer guest room. All off street parking shall meet the minimum desiqn criteria of Section 7.06.00. ~ No food preparation or cookinq shall be conduc~ed within any bedroom· nor other individual rented rooms. Meals shall only be ~rovided to overnight 9uests. unless the conditional use ap~roval sgecifies provisions for food service to the Qeneral public. ~ The exterior appearance of the structure shall not be altered from its single-family character. b..s. Guests are limited to a lenath of stay no longer than 180 consecutive days. ~, ************************** CHAPTER XI ADMINISTRATION AND ENFORCEMENT 11.02.00 PROCEDURE FOR REVIEW OF SITE PLANS 11.02.05 RBVIBIf OP APPLICATIOBS POR PRBLIKJ:R'ARY AHD PIBAL SIn: PLANS POR PLAllBBD DBVBLOPIIBB'!S B. REVIEW OF PINAL SITB PLANS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Underline i. tor .ddition ¡~ik. Wh~~~Jh i. for deletion Ordinance 93-007 pac¡e 7 PRIwr DATZr 5/25/93 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 OR BOOK 0845 ';E 2385 [PARAGRAPBS "1" 'l'BROUGB · 9" - 110 CBAIiIGS) 10. Upon approval of the Final Site Plan, the Board of County Commissioners shall direct the Community Development Administrator to amend the Official zoning Atlas to reflect Planned Unit, Development (PUD)L ef Planned Non-Residential Development (PNRD). or Planned Mixed Use Development zoning for the appro~ed development. 11.02.09 SUBKIftALS POR MIROR ARD MAJOR SITE PLAItS A. MINOR. AND MAJOR SITEPLAH REQUIREMENTS 2. Existing Con~itions a. An aerial photograph of the property on which the development activity is to take place. The aerial photograph used to satisfy this requirement may be obtained from the St. Lucie County Property Appraiser. b. Detailed location ,ketch of the· proposed 'development deBign~tin9 the ·sectioD, township' and r~nqe. c. A ~opoqraphic survey iBferma~ieft of the.eKi8~iR! entire project site, prepared in accordance with the current standards of Chapter 21hh-6 PAC. which shall include,' at a minimum: the project boundaries,. a north arrow, a . ,scale indicator, efte fe~~ eeøeea~ liftss whish eK~eftà at . .least. fift.y (59) fee~ lseyeBd ~!ie prejee~ 1ft all àiree~iea8, bench mark information (NGVD) and~ k One ( I) foot contours shall, be shown and shall extend at least 50 feet around the Droject site. exc8Dt that the COJIIIDUni ty DeveloDDlent Ädmi nistrator mav authorize partial relief. from this standard when the followina conditions exist: A.£. Bxisting 9rade conditions. throuahout the site are such that one foot contours would not be dlscernable. In these instances. contours at two (2) foot intervals mav be nrovided: and/or. ~\. .è..:.. Existinq qrade conditions. over the entire - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Underline i. tor addition ~SW~. WhWDU9~ 1. tor deletion Ordinance 93-007 paqe B PRINT ÐATBI 5/25/93 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 OR BOOK 0845 p 2386 site. vary less then two feet above base elevation. ~ A sufficient number of spot . elevations shall be shown to sUDPort the contour information and to accurately reflect the site topograDhy. (1) Aerea!c eertifieatioR of all land above the clc·.;atioR af tleaB Hi!h Wate!' (}law). (2) The Heaa Sigh Water liBe, where ap~lieaàle. (3) Tfte leeatioB af all suBmerged laRds, if appliøaèle. ( 4) Tfta leeatiaB af tftO Coaetal Caast.rue:tioB CeBt~ol liRe, ",here applieable. (5) The BouBàaries aRd ele~atiÐRs ef aBY jaFisàie~iÐaal wet.laBde. All tODOara9hic surveys shall be submitted on a sheet size twenty-four (24") bv thirty-six (36"\ inches and shall be the same scale as the Droject site plan. All topo9raphic surveYS shall have been DreDared within the 24 months Drior to the ao01ioation for site clan beina filed and shall reflect current proDerty conditione. d. A Bhoundary survey and legal description prepared in accordance with the current standards of Chapter 21hh-6 PAC. All boundary aBEI tepegrapåie surveys shall be submitted on a sheet size twenty-four (24 ) inches by thirty-six (36) inches and shall be the same soale as the project site clan. All bound~ surveYS shall have been preoared within the 12 mon~hs Drior to the application for site Dlan beina filed and shall contain at a minimum the followin9 information. as aDplicable: ~ location of the Coastal Construction Control Line. along with all necessa~ recordinq data. ~ The location of the Mean hiahwater. or safe upland line. alona with a description of how these lines were determined. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0ëderline i. tor addition st.. 10. 'IIJA__,II 1.. for deletion Ordinance '3-007 1"ag8 , PRINT DATEI 5/25/93 ,OR BOOK 0845 ;E 2387 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 3. 46 -g. ~ The location of all submerqed lands. e. h- The limits and elevations of any iurisdictional wetlands. which shall contain bearing and distance information used in determininq the extent of these areas. a10nq with the identification of the 8gency or aqencies claiming jurisdiction. ~ ~he location of all existina imDrovements. .fi..:. Acreaae certifications· of all lands lying above mean hiqh water or the safe upland line: and, L.. All boundary surVeyS are to· be tied to a monumen't.ed section line or the nearest 1/4 section line. and shall be so noted on the boundarv survey. Identification of legal positive outfall :if applicable. The boundaries of the one hundred (100) -year floodplain,L includinq all sub-zones within the one hundred (100) -year floodplain and an identification of the minimúm reauired first floor· elevations for all.parts of the proposed devel~pment site. Drainage basin or watershed boundaries identifying lo.oations of the routes of off-site waters onto, through, or around the project. ' . Available preliminary 4rainage information that is to be submi~ted to the South Florïda Water Management District intended to serve as'the basis for issuance of its permit under Chapter 40B~40 and 40B-41 F.A.C., if applicable. An illustrative Dlan of the ,existina veaetative conditions on the pro;ect site, includin9 an identification of what 'areas will be upaated by the pro"Dosed development activity and what areas are proposed for protection/"Dreservation. All vegetative survey information shall be submitted on a sheet size twenty- four (24) inch by thirty-six (36) inch and shall be the same scale as the Droject site plan. f. h. k Proposed Development Activity and Design - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ord.lnanc. 93-007 Underl.lne i. tor addition ¡~wlk. Wkra~,k i. for deletion Paq. 10 PRINT DATEI 5/25/93 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 'OR BOOK 0845 iE 2388 All site Ðgetail sheets shall be submitted on a sheet size twenty-four (24) in£h by thirty-six (36) inch and at a scale no smaller than one (I") inch equals fifty (SO') feet, all dimensions in decimals. unless otherwise approved in writing by the Community Development Administrator during the pre- aDplication conference . For large projects, a smaller scale generalized plot plan may be submitted as a cover sheet to the detail sheets. Detail sheets shall include the following information: . [PARAGRAPHS "A" THROUGH "V" HO CIIAJIGE) 11.02.10 SUBMI~ALB FOR PLAHRED DBVBLO~ SITB PLAHS A. PRELIMINARY SITE PLAN REQUIRBMEN'l'S 2. Existing Conditions a. An aerial photograph of the property on which the development acti vi ty is to take place. The aerial photograph used to satisfy this requirement may be obtained from the St. Lucie County Property Appraiser. b. Detailed location sketch of the proposed development designating the section, township and range. c. ð ~opographic survey iøforBatloa of the existiag entire project site, pre~ed in accordance with the current standards of Cha~ter 21hh-6 PAC. which shall include, at a minimum: the project boundaries, a north arrow, a scale indicator, eae foo~ soø\aRE ¡iRes whisk ex~ead a' lea8~ fif~y (59) fee~ BayaRå tke ,æejest ia all dires~ieas, bench mark information (NGVD) andL ..L.. One ( 1 ) foot contours shall be shown and shall extend at least SO feet around the Droject site. except that the Community Development Mmf nistrator may authorize Dartial relief from this standard when the following conditions exist: ~ Existing grade conditions. throughout the site are such that one foot contours would not be disoernable. In these instanoes. contours at - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Underline 1. tor additLon E~w1k. Wh~aY~h 1. tor deletion OrdinlUlce 93-007 , pag_ 11 PR1NT DATIl 5/25/93 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 OR BOOK 0845 1 E 2389 two (2) foot intervals may be provided: and/or. !:u.. Existing qrade conditions. over the entire site, vary less then two feet above base elevation. d. ~ A sufficient number of scot elevations shall be shoWn to su~~ort the contour information and to "accurately reflect the 'site topography. (1) Ae~eage ee~~ifieatieft ef all laRd aBove the ele¥ð~iaB af Heaft High Water (HBW). (:a) The lIeaR High Water liRe, where appliea:èle. (3) The loøatisR s£ all susmerged lasds, if applieaèle. ( 4) The leeatioft of t.hoCeastal CeBBtriie~ieø Ceøtrol liae, whe~e applisahle. (5) The seaødaries aRå ele?atioRs sf aay jaFisdietieaal we'tlanàs. All t.opOQ'raphic surveys shall be' submitted on a sheet size twenty-four (24' inch by thirty-six (36) inch and shall be the same scale as the 9ro;ect site plan. All tOD09raDhic surveys shall have been prepared within the 24 montlís crior. to the application for site i'lan beina filed, and sball reflect. current property condit.ions. A Bhoundary survey and legal description prepared in accordance with the current standards of Chapter 21hb-6 12&. All boundary aøà tepe~i8 surveys shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and shall be the samé scale as the pro;ect site plan. All boundarY surveys shall have been precared within the 12 months crior to the application for site clan beinq filed and shall contain at a minimum the following information. as apclicable: 1L location of the Coastal Construction Control Line. alona with all necessa~ recording data. .~ '"¡ . ! - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - UndBrline 1_ for addition i~w15e '-..YJk 1_ for deletion Ordinance 93-007 poge 12 PRIST DATal 5/25/U OR BOOK 0845 I Z 2390 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2,2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 L. ~ The location of the mean hiahwater, or safe upland line. along with a description of how these lines were determined. ~ The location of all submerged lands. !.:..- The limits and elevations of any ;urisdictional wetlands. which shall contain bearing and distance information used in determinina the extent of these areas. along with the identification of the aaency , 1·· j 'd' t' or aaenc~es c aLm1na ur~s 1C 1on. e. ~ The location of all existina improvements. h Acreage certifications of all lands lying above mean biab water or the safe upland line: and. ~ All boundary surveys are to be tied to a monumented section line or the nearest 1/4 section line. and shall be so noted on the boundarY survey. Identification of legal positive outfall if applicable. The boundaries of the one hundred (lOO)-year floodplainL including all sub-zones within the one hundred (100) -year floodplain ~nd an identification of the minimum required first floor elevations for all parts of the proposed development .f.lli. This information should be depicted on the proìects bounda~ surveys Drainage basin or watershed boundaries identifying locations of the routes of off-site waters onto, through, or around the project. Available preliminary drainage information that is to be submitted to the South Florida Water Management District intended to serve as the basis for issuance of its permit under Chapter 40E-40 and 40E-41 F.A.C., if applicable. An illustrative plan of the existing vegetative conditions on the Dro;ect site. including an identification of what areas will be im9acted by the proDosed develo~ent activity and what areas are proposed for protection/preservation. All vegetative Burvev information shall be submitted on a sheet size twentv- four (24) inch by thirty-six (36) inch and shall be the f. q. h. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Orc1intll1ce 93-007 Dnder11~e ~ for addition ¡~.~~. Tk .~,k i. for deletion Page 13 PRJKT DATBI 5/25/93 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 OR BOOK 0845 1 E 2391 same scale as the ?roject site 9lan. 3. Proposed Development Activity and Design All site Ðgetail she~ts shall be submitted on a sheet size twenty-four (24) inch by thirty-six (36) inch and at a scale no smaller than one . (1.) inch equals fifty (50) feet, all dimensions in decimals. unless otherwise approved in writing by the Community Deyelooment Adm; nistrator durin<}' the pre- application conference . For large projects, a smaller scale generalized plot plan may. be submitted as a.cover sheet to the deta:il sheets. Detail sheets sl?all 'include the following information: - [PARAGRAPIIS -A- TBROUGJI -v- - RO CBAIIGB) 11.05.01 BUILDIRG ARD SIGK PBRNXTS A. BUILDING PBRMIT 1. Generally ~ The erection, alteration, or reconstruction of any· building or structure shall not be commenced without obtaining a Building Permit" from the Community Development Administrator. Work activities shall not proceed without obtaining all the inspectioDs reauired by the C01lllDUDitv DeveloDJDent Administrator and the Standard Building Codes. JL. No Building pel:D1it shall be issued for development without a certificate of Zoning Compliance. £L No Building Permit shall be issued unless it complies with the provisions of Section 13.01.00 through 13.05.00 of this Code. 5Ì.L No Building Permit shall be issued for develooment unless the application for buildina oermit is accompanied by a copv of a survey of the property on which the requested activity is to be permitted. All surveys shall com~letely - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~!er11Jle 1s for additLon R~. ~ ~r8y,h!. for deletion Ordinance 93-001 paqe 14 PRIII'1' DATHI 5/25/93, 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 'OR BOOK 0845 IE 2392 depict the followinq: ~ The location of the proposed development activity: ~ The relationship of the activity under application to all ad;acent property lines, and as may be reauired for the review of the application, all adjacent structures, improvements or natural features, and ~ A minimum of two (2) elevations alona each roadway on which the proposed activity borders. the existing ground elevation at the approximate center of t.he proposed structure. the existing qrott'nd elevation alona the side property lines adjacent to the proposed structure, and the proposed finished floor elevation of the structure under application. All elevations are to be based upon NGVD datum. All surveys submitted shall have been be prepared, siqned and sealed bv a Florida Reqistered Land Surveyor, in accordance with the current provisions of Chapter 21hh-6. FAC. except that applications for interior modifications or construction. roofing permits not involving any structural alteration or additions to the area covered bv the roof surface. or any other permit reqµired activity that does not result in the expansion of any portion of the existing structures shall not be reauired to submit surveys. Accessory structures with a buildina value of less than five thousand dollars (S5000) sball not be reauired to submit a survey but shall instead be required to submit a scaled plot plan indicat.ing the location of the accessorY structure and its cODl1Jliance with minimum setback standards. Copies oforiainal surveys meeting the above reauirements may be submitted with any application for building permit. provided that the survey still depicts the accurate "location of all structures and other improvements on the property. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Onder11ne 1. for add1t1on I~Ftk. ~aa1R 1. for deletion Ordinance 93-007 PDge lS PRZHT DATE. 5/25/'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 t~ 44 OR BOOR 0845 ¡ E 2393 11.05.06 VEGE~ATIOH REMOVAL PERMITS ~ APPLICATION REQUIREMENTS 2. Each application for a Vegetation Removal Permit shall be accompanied by a vegetation inventory which shows: a. The approximate location, extent and general type of all vegetation on the subject lot or parcel of land, i~cluding common or scientific names of the major groups of vegetation; b. All protected vegetation proposed fòr either removal~or preservation; c. The proposed buildings, structures, driveways, and other improvements drawn to scale; and d. The iBàiì,..id9al lsea'tisB8 ef all prs~ee'teà trees sf t-,Ñsh"s ( 12 ) iaeåes DBH er great.er wiisàiB all prepesed imp£e1'.'Oemeft't areas aBEI witàiR tweR'ty (20) feet. ef all pr:epeeeEl iJapreveaelK a£eas'O Fer t.l\e parpeses sf t.àiø ree¡ruireaeø, i""T£eT,,"'e.eø &FellS saall iBelaEle all s&èåiviøisB let 1iRes aøEl ~~u. ~ailåaB1e a:reas, as 1dsatified 1ft £eetisB 11.02.10(A)(3)(å). The individual locations of all CountY-Drotected trees. having the following minimum diameter lDBB) or areater. within all areas of Droposed ~ mnrovement and within twenty (~O) feet of all DroDOsed imDrovement areas. For the y;n:i~..e.. of this re~irement. ~rov.ment areas shall include all subdivision lot linea and ~yimum buildable areas. as identified in Section 11.02.10 lA)(3)(d). Minimum Diameter at Breast Beiaht lDBB': - ' - - - - --- - --- - - n " , --, - ,1 - - , . ., - ------. - . - - ~.>'.~-.:::....:..:'~-.:- :~~~. ~~~'~ '~'j ,£.~ ...~. ~. ~. ". "".. :. :. .. ..' ---- - ~ -- -- -- --- Slash Pine ¡ palm Tree. 16" Oaks (all speciea) and other 12" County Protected Trees (except .. noted herein' Tropical/Subtropical species S" - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~nderlipe 1. for addition E~.1k. ~~Qw!h 1. tor deletion Ordinance 513-007 Page 16 PaIR~ DATIl 5/25/93 \ f' . <. of ¡ t' " ~. ;\ f ". .~ , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 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 'OR BOOK 0845 .GE 2394 ************************** PART B. CONFLICTING ,PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of st. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PAR': c. SBVBRABILITY. 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 Dot affect its applicability to any other person, property, or circumstance. PART D. APPLICABILIft or ORDIIlABCB. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. PILIBG WITS THE DEPARDCBIn OP STUB. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. .. PART F. BFFBCTIVE DAD. This ordinance shall take effect upon adoption of the Board of County Commissioners. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Underline 1. for addition '~.1k. mk~.ul~ ~. for deletion Ordinance 93-007 Page 17 PRIIrl' DATE I 5/25/113 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 . OR BOOK 0845 . E 2395 PAM! G. ADOnIOH. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice Chairman R. Dale Trefelner AYE Commissioner Denny Green AYE commissioner Bavert L. Fenn AYE Commissioner Cliff Barnes AYE PAR~ B. CODIFICM'IOR. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, 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 B shall not be codified. PASSED ARD ÐUL~ BI1ACftD this 25th day of May, 1993. . 'AftEST: BOARD OF COUllft' COIOCISSIOlIBRS S~. LUCIE C~, FLORIDA ,,\ I. i. \,r';,;"J ' " .:.; BYZ7' ~~: ~ '~'I , ' " ~ I I.' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Onderli,De 1.8 for add1.U.o1I '~51ka ~w.u,~ i. for deletioll Ordinance 93-007 Page 18 PRlln DA'l'B1 5/25/93 JJ 'I \. .' ~, .~ t ~. 1 ;t., 2 ",. ;j', 3 :~ 4, :"!S'" 5 g, 6· ~. 7":' :M:' ~..~ 8,,' ;" ~:, 9'" r; 10'" . :./ 11 =';12 :!If, ~..13 r,., 14 !j,15 16 Ie . 'OR BOOK 0845 ORU-07(1I) DJK PoL 2396 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ordinance '3-007 Underline 18 for addition Q~wi~. WkwaY3h ~ for deletion Paqe 19 PRIRT DATBI 5/25/'3 øw - BOARD OF COUNTY COMMISSIONERS ~. =r. .. ~eI'·e· I ~. "~ ,.' . .,'.':. . COUNTY' ":'.:',' !:' F ~ L... o· R I; D A . "''''. ' GROWTH MANAGEMENT December 29, 2005 Ms. Kathy Townsend Melon Patch Inn 3601 North Highway A-1-A Ft. Pierce, Florida 34949 Subject: Determination of Accessory Use Dear Ms. Townsend: Resolution 92-009, approved on November 24, 1992, granted a Conditional Use approval to Andrea Melon to construct and operate a "Bed and Breakfast" Inn on North Hutchinson Island. At the time of approval of this Resolution, Section 7. 10.20 Bed and Breakfast Residences had not been written and placed in the Land Development Code (LOC). Although the discussion at both the Planning and Zoning Commission and the County Commission hearings referenced a "Bed and Breakfast" Inn, the project was in fact approved as a "Commercial Lodging Establishment". Commercial Lodging Establishments were, and still are, allowed as Conditional Uses in the Hutchinson Island Residential District (HI RD) Zoning. The minutes (copy attached) of the Planning and Zoning Commissión meeting reflect a discussion consistent with these definitions. Andrea Melon constructed and successfully operated the Melon Patch Inn subsequent to the approval. It is my understanding that you have a contract to purchase the Inn from Andrea and her husband Arthur. You have asked for confirmation that weddings, receptions, and other events can be held at the Inn. Subsequent to the approval of the Inn, Section 7.10.20 Bed and Breakfast Residences was approved and placed in the LDC. This section included several standards and limitations to be applied to the operation of a Bed and Breakfast Inn. JOSEPH E. SMITH. Dì~'''C' NO.1' DOUG COWARD, DiStriCT No, 2 . PAULA A, LEWIS. Disr,icr No. J . FRANNIE HUTCHINSON, Di~rrlcl No, 4 . CHR.IS CRAn, Dj"'i" No.5 Counl)l AdmlnlSlrolor . Oou9'os M Andl>lson 2:)00 Virginia Avenue · Fon Pierce. FL :)4982·5652 Administration: (772) 462-1590 - Planning: (772) 462-2822 . GISlTechnicol Services: (772) 462·155:) Economic Developmenr: (772) 462-1550 · Fax; (772) 462·1581 Tourist Development: (772) 462-1529 · Fox: (772) 462-21:)2 www.co.sr-Iucie.fl.us --- The standards and limitations included in Section 7.10.20 would not allow for the events referenced: however, those regulations were not in place at the time of the Inn's approval. These standards and limitations should not be applied retroactively. The Inn was approved as a "Commercial Lodging Establishment" (essentially a small hotel) and should be afforded the same rights and privileges as other similar uses. Events, such as those requested, are allowed as accessory uses in other hotels and motels within the County. These uses should also be allowed as accessory uses for the Melon Patch Inn. Having recognized that the requested use is allowed as an accessory use, staff does bave concerns for the impacts of the proposed use. On site parking for the Inn is not adequate for events as described. Parking in the State Road A-1-A right-ot-way is not allowed. Sufficient parking may exist across State Road A-1-A in Pepper State Park, a State park that. by agreement, is ,maintained and operated by the County. If an agreement to use this property could be negotiated. safe access across A-1-A would have to be assured. The Inn also abuts a residential neighborhood. Homes in this area should be protected from noise, lighting and other impacts of the proposed events. I hope this information is helpful. Please let me know if I can answer further questions. Sincerely -------J - '=''''==-::-::::c---.--... - I I ....-, --~ -..-.'--.--- , .~ ~ Faye Outlaw Assistant County Administrator c: County Attorney Planning Manager ,I " " ,,' ....... A (; END ARE 0 Ü:. 's L ~ @ ~Jl . , n \ . 1.1\i: NOV 3 0 I" , ~ November 12, '1992 Date: L' -. .. 0'" WMr.'UNII, \:', 51, lU('.H ~ REGULAR : ~1/24/92 , 'SPECIAL: CONSENT: " .REQÙBST 'PRESENTATION: ,FUB~IC, ' BBARING:: ' WORK SESSION: ¡ x.xx ITlM DESCRIPTIO. - SUBJECT I COKMDXtTX DBV!LOPHJX~ - .planning Division Con5ider ap~oval 'o~ D.ð!~ RD.olu~ion~2-Z~' granting conditional uae 'approval for ADdx'e. J. lIelJ.oo ,to' operate Abed and br-ea.kfast inn in' BIRD (Hútchinaon hlAJ\è Rasidantial Diatrict) ~QnlR9· . , , Loc~~lon' ~orthweat corner of S.R. A-l-A And 'ackscn Way. RECOtomlfDA'1'IOIf I App~cve,Drøtt ResDlution 92-254 '.l.V.AlLAJlL1I ruJlDING t Accomr'r tn'1J1B:£R~~ ~..mi. ør;- _ . _ __ __...... . COItCITRlUUICZ. ~__.._ _- '1'H . NDRED COUHn' ADKlIfIS'l'IIM'OR ( 1 S BUDCE'l' :.vœNI>HEJrl' RBQlJ'IUD> n:s I _ II' DEPARTJaNT' COHHUNin DEVSLOPK/lN'l' AGaND1l( '_."~""-":. ., . ":+', ~ . :' . . ..' i~' J... .:f'.a.... BOARD OF COUNTY COMMISSIONERS ACTION DATE: 11/24/92 Approved as presented Vote: to ~~ Thomas L. KindI County AdministI COI1M'n' A:rZOJUŒY ~11'1' , IIDtx:1T IIDMIN. Pl.AJIJo1.IIIC DIR. PU1ILXC WOlU5 IoDIITII. vrILX'1'lU ADtII". ' ceo. cow. D I1l. LaISD'U 6111tv:rC1Ri -"DKIN. PZ:;¡UOIlAI. ADHIJI'. CRDWTJI JGT. DIR. J'OIa PI Jl. 'UJU'OJn' Dxa. PROPSRTT I'CQ. D~. JlJlCJ:IŒZJUIfG DI.... .PtnlCaAIIIIIG DU. ~_i\t!!JI_IPIlilllIlliM 1113\_"'> BOARD OF COUNTY COMMISSIONERS , August 31,2006 GROWTH MANAGEMENT EI ,...1 SEP 0 I) Z006 Mr. & Mrs. Arthur Mellon 3702 N. AlA #803 Fort Pierce, FL 34949 Ms. Kathy Townsend 3601 N. AlA Fort Pierce, FL 34949 RE: Resolution No. 92-254 - A Resolution granting Conditional Use Approval for Andrea I. Mellon to Operate a Bed & Breakfast Inn in HIRD Dear Mr. & Mrs. Mellon and Ms. Townsend: As you are aware, a conditional use was granted on November 24,1992 to authorize a bed and breakfast inn in HIRD, pursuant to Resolution No. 92-254. A condi~ional use' permit is granted only if the applicant demonstrates that the proposed conditional use permit 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. The Tax Collector's records reflect a purchase of the Mellon Patch Inn (the "Inn") on August 15, 2005 by Kathy Townsend. On December 29, 2005, St. Lucie County responded to a question by Ms. Townsend as to whether weddings, receptions and other events may be held at the Inn. The response was in the affirmative, but qualified, as there were concerns about possible adverse impacts caused by the proposed use. Specifically, adverse impact concerns were voiced in regards to noise, lighting and parking on AlA in the vicinity of the Inn. '7 When the Inn was being processed for the conditional use, Ms. Mellon requested to be excused from submission of a transportation impact report. She believed the amount of additional traffic would be negligible (please see attached). On September 28, 1992, the Board of County Commissioners approved a waiver of the transportation report requirement JOSEPH E, SMITH, DisTrIct NO.1. DOUG COWARD, Dlsrricr No, 2 . PAULA A. LE'>iIS, District No:3 . FRANNIE HUTCHINSON, District No 4 . CHf\IS CP.AFT, DIStrlC~O' 5 Counr)'Adminlstrotor - Douglas 10" Anderson - 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 , Ch) Administrorion: (772) 462-1590 . Plonning: (772) 462-2822 · GISlTechnlcol SeNlces: (772) 462-155:\ él~ Economic Development: (772) 462-1550 · Fox: (772) 462-1581 \-,,0 Tourist Development: (772) 462-1529 · Fox: (772) 462-2132 Lcf\ \ www.co.st-Iucie.fl.us ,~ t:.., _, V-~I (please see attached). On January 23, 1993, traffic impact fees were computed based on two trips/day per four units(please see attached). The attached pictures demonstrate that these representations no longer reflect current conditions. The current use generate trips in excess of these 1993 computations. On November 24, 1992, the required certificate of capacity was granted by the Community Development Director. The Certificate of Capacity approved by the Community Development Director constitutes proof of adequate public faci lities to serve the proposed development. A Certificate of Capacity is valid for the same period of time as the development order with which it was issued and constitutes a reservation of public facility capacity for the proposed development. Public facilities include, but are not limited to, drainage and road facilities. Please see enclosed Certificate of Capacity which shows that the reservation was for four (4) bedrooms. The approved construction plans show that the area to the south of the building was reserved for storm water retention area. Please see previously mentioned photos for traffic which demonstrate parking on the storm water retention area. The storm water retention area must be used as reserved in the approved plans. On May 3, 2006, in Case No. 38979, the St. Lucie County Code Enforcement Board found the property in violation of Section 8.02.02C of the St. Lucie County Land Development Code. Based upon unpermitted tents for special events, permits for tents for temporary uses and functions that are accessory to the principal function are temporary during special events. No more than two (2) events of seven (7) days each may be conducted on the same property during any calendar year. On June 6, 2006, Florida Department of Transportation notified St. Lucie County that a parking study indicated that restricted parking is required on AlA in the vicinity of the Inn. The Department indicated that it would install "no parking" signs. On July 13, 2006, a Notice of Violation was issued by the St. Lucie County Code Enforcement Board for a violation of Section 11.05.01 of the St. Lucie County Land Development Code for building a deck without a permit. The County has received complaints about the noise being caused by the special events at the Inn. The County's on-call Code Officer received at least two calls in June 2006 and an additional call for excessive noise on July 15, 2006. In addition, a complaint has been filed with the County by over thirty neighbors stating that the noise from the special events conducted at the Inn since Ms. Townsend's acquisition, are having an adverse effect on the adjacent properties. Additional complaints have been received regarding possible on-premises sale, transfer, and consumption of alcoholic beverages in the vicinity of a public park or playground. Section 7.10.11A of the St. Lucie County Land Development Code prohibits sales or transfers of alcoholic beverages for on-premises consumption within one thousand six hundred (1,600) feet of a public park or public playground. ,. It appears that the special events are becoming the primary rather than an accessory use to the property in violation of the conditional use permit. Based on the evidence to date, Staff will present the matter to the Board of County Commissioners to consider revocation of the conditional use permit. If you fail to demonstrate a good faith effort to bring the facility into compliance, please be advised a conditional use permit may be revoked. If you have any questions, please call. Sincerely, ~,f/-1 RN/cb Ene!. Bob Nix Growth Management Director copy to: County Attorney Board of County Commissioners Assistant Code Compliance Manager Code Enforcement Supervisor c:\ TEMP\XPGrpWise\MellonPatch,wpd AGE N D ARE QUE ,(' ~ . -" .."........-.. ~"" .....-.- ':U ,< i ~(~~."ìL._~,. . DATE: September 28, 1992 REGULAR: 10/6/92 SPECIAL: CONSENT: Q'", .. '- --l COMM~UNlff D[YElG?ttοNT . ~T. LUCIE CO, FL X ~-. '---.. REQUEST PRESENTATION: PUBLIC HEARING: WORK SESSION: ITEM DESCRIPTION - SUBJECT: COMMUNITY DEVELOPMENT - planning Division: Consider the request of Andrea Y. Hellon for relief from the requirements of section 11.02.09. (A)( 4) of the st. Lucie County Land Development Code - Transportation Impact Report. Location: Northwest corner A-l-A and Jackson Way, North Hutchinson Island. RECOMMENDATION: Grant the request of Mellon Patch Inn for relief from Section 11.02.09(A)(4) of the Land Development Code - Transportation Impact Report AVAI'LABLE FUNDING: PRESENTED BY: (IS BUDGET AMENDMENT REQUIRED) YES: NO: ACCOUNT NUMBER DEPARTMENT: COMMUNITY DEVELOPMENT CONCURRENCE: \::: THe L. KINDRED COUNTY ADMINISTRATOR AGENDA(_) .m~:I!œilil¡¡¡¡m;§1f: BOARD OF COUNTY COMMISSIONERS ACTION DATE: 10/6/92 Approved v~ (' , . .,:£-1..--" --omas L; Kindred County Administrator to COUNTY ATTORNEY DEVELOPMENT ADMIN. MANAGEMENT , BIJDGET ADMIN. PUBLIC WORKS ADMIN. UTILITIES ADMIN. CODE COMPo DIR. LEISURE SERVICES ADMIN. PERSONAL ADMIN. GROWTH HGT. DIR. PORT DIR. AIRPORT DIR. PROPERTY ACQ. DIR. ENGINEERING DIR. PURCHASING DIR. ....... ...... ""';-~~ L 4 " t' ~ f Douglas Dixon, Cl' ~ ~f~fie tri!uit File Numbe<: :1-2.2.0582 'OR Recorded: 12-15-92 03:56 p.M. ";',-.--. . Cr-,,'(;:-"'''''''-*-' " v....,...L-..... ... ,t BOOK ' 0 8',...:>: ~ \c ie courJ.~:{ PAGE 0 4 2 3 ·~··-:~~i , , : ì ¡ '; ....'" 1 2 '.3 . 4 5 ,..6' ::ltr" ~'::5~;~9 ~_iC~)O - t\.' 11 . ::EL~/ 12 :i:¿:::~13 . ~:_"..···14 t:i;lS. .. . WJ3BRBAS' the Board af county commissionetsof st. Lucie ~',g:J 6,:.' _ count:Ý;Flo:i:ida; has.: niade tM following determinations: ,-'-1 T~- .. _..' - - _C ..ce._c.>--"-': .::.::::::0. c~· ~... .:.:.-.. .. :.. .. ... ..' . :.- ..".. .- 1 . :.18 1. Andrea I. Mellon presented a petition for a conditionisl t .19 Use permit .to authorize a bed and breakfast inn in J!IRD (J!utchinson i.~._~O_n. Island Residential District) .zaning for the property described in {o: 21 section A· bela,,'-;-' 1-22 t:~"' 23 :1l,~;:.---24 .25 26 >- 27 bU' 28 z ¡;;.::: 29 ~2 30 ~ 31 ..- 32 ;...... ~ 33 ~ ':.':) 34 ~ 35 /{ 36 'D 37 i 38 " 39 ..) 40 8 41 <:::¿ 4 2 43 44 45 46 47 48 49 RESOLUTION NO. 92-254 FILE NO.: CU-92-009 A RESOLUTION GR1\NTING CONDITIONAL USE APPROVAL FOR ANDREA I. }ŒLLON TO OPERATE A BED AND 1JREAKFAST INN IN nIRD (J!UTCHINSON . ISLAND RESIDENTIAL DISTRICT) ZONING 2 , on On' october...22 ,. 1992, .the st. Lucie county Planning and _zoningCo~ssion.. held a public hearing an ,the petition, after publishing notice at least 15 days prior to the" hearing' and notifying owners of property within 500 fèet of the subject property by mail. At this public hearing, the planning and zoning Co~ssion reco_ended that the Board approve the hereinafter described conditional Use permit at the property described in section A. below. 3. On November 24, 1992, this Board held a public hearing on the petition, after publishing a notice of such hearing in the port st, Lucie NeWS at least 15 days prior to the meeting and notifying all owners of property within 500 feet of the sabject property by mail. 4. The proposed co"ditional Use is consistent with the general purpose, goals, objectives, and standards, of the st. Lucie County comprehensive plan and haS satisfied the stàndards of review set forth in section 11.07.03 of the SL Lacie County Land Development Code. 5. The proposed conditional Use will not have an andue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matte<s affecting the public health, safety and gene<al welfare. 1 2 3 4 5 6 7 8 _9 "'10 11 12 __ _-13 ,ç:'<::::14 ' t- 15 ~~~~i-~::::-~: t:T.:::"t8-ë,- 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 " ,- - ) '\ ) 6. arranged and use district The proposed Conditional Use will be constructed, and operated so as not to interfere with the development of neighboring property, in accordance with applicable regulations. 7. The proposed Conditional Use will be served by adequate public facilities and services. 8. The applicant has provided sufficient evidence that adequate fire protection will be provided for this Conditional Use.- NOW," THEREFORE, BE IT RESOLVED by the Board of County commissioners _<?,t."t:.h~ _ st .:;,,~~c::ie:,:~ou~ty, -,F.l~ri':i~;: - -- , ._ _.___. ._"'_'. ,_.'.n" ..__........~...._._._;__.:;._...._.._ ".". .".. . .-..-.._-~.__.. .-. -...-- . . - .' . ". --. -.- .-- . .'-~ ,._-~._._.....__.__.. .,.-----.- '~.' --' -. . - ___On. __.._.__.._._.....u.. A. Pursuant to Section 11-.07.03 of the st. Lucie County Land Development Code, a Conditional Use Permit for Andrea I. Mellon to authorize a bed and breakfast inn in BIRD (Hutchinson Island Residential District) zoning is hereby- approved for the following pro~erty. -Coastal Cove unit 1, Tract A B. This Conditional a Certificate of Use extension 11.07.05(F); St. Use shall expire on November 24, 1993, unless Zoning Compliance i3 issued or a Conditional is granted in accordance with Section Lucie County Land Development Code. C. A certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Administrator on November 24, 1992. After motion and second, the vote on this resolution was as follows: Chairman Judy Culpepper AYE Vice Chairman R. Dale Trefelner Abstain Commissioner Havert Fenn AYE Commissioner Cliff Barnes AYE Commissioner Denny Green AYE 2 I. 1 2 3 4 'c.. 5 6 7 8 :_~~+i å~ ,', )ëJÜf -S:tli:'- ~ '~>;13 _~"'.-;_14 , iF:~15 : ;[~~i~i~~ ~:=-~·:t8:;'~'~i '19·" :' ..( 2·0 21 .-: 22'. ; 23 24 . '.,_25 -_.- 26 27 28 29 30 31 32 33 34 .1 , i PASSED AND DULY ADOPTED this 24th day of November, 1992. . .-' _:;.:: :0" _""~;'::.'::; '':''.:~-..:___':'-' - .,....-_. ",. - .... '-. .. .... '. . '" " ... ..._" _. _.". ""W . ATTEST =- -"t I DPK,H~\WP\COND _ USE\MELLON.RES BOARD OF COUNTY COMMISSIONERS ST. LUCIE .... , . ~~~2:~;--':' _:..~ :-..- _.: -~.. _...- ._..~~;...-..-. ," ---",~. . .'. .. APPROVED AS TO FORM AND CORRECTNESS: 3 o :;d t:d o o ::-:: o ()) tv o .... 't1 ~ G) t:'1 , - ". ."~. o ~ tv U1 ~~?~ ~ '.~:.'~; ~;;:~..~,-;";..~';'.. S:'.','-~-;:3 .;~:~ ~_;~:"-7.-.:~:.::: '.;~'___''::..,:,::,,_,.._ .~___ -- ~..;. .... .;':. ". . ..'j-: :"3 ~'f ,':*- f:, -; (; -".' .. '.' .~~.. " ' ~ ST LUCIE COUNTY CERTIFICATE OF CAPACITY "- ) ., CERTIFICATE NO.: C92-0306 This document certifies tbat concurrency will be met and that adequate pub~ic facility capacity exists to maintain tbe standards for levels of service as adopted in the st. Lucie county Comprehensive plan for: 1 . TYPE OF DEVELOPMENT ORDER: Condo Use Bed & Breakfast. NO. OF UNITS: n/a, NO. OF SQUARE FEET: 4 bedrooms 2. PROPERTY LEGAL DESCRIPTION & TAX I.D.# (& STREET ADDRESS): 1423-802-0001-000/1 'Coastal'tov~ unit 1, Tract A Melon Patch Inn, A-I-A/Jackson Way , . ',APPROVED UNDER: Res#:' 92-254 ." Building Permit/Resolution Number , - 4. SUBJECT TO~THE FOLLOWING CONDITIONS FOR CONCURRENCY: None 5. OWNER'S NAME: Andrea I. Mellon ADDRESS: 3120 A-I-A N, #501 Street Fort pierce city Fl state ,34949 zip PHONE: 407 /461~5231 6. DEVELOPMENT ORDER EXPIRATION DATE: November 24, 1993 November 24, 1993 7. CERTIFICATE EXPIRATION DATE: 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 as listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development order issued with this certificate, or for subsequent development order(s) issued for the same property,.J,J '" co -....l '" .Lze as de r i ed ~ere in. SIGNED: 11/24/92 DATE: community elopment Administrator ST _ LUCIE COUNTY, FLORIDA November 16, 1992 c .- t: C C ;:: c o ~ c "t ~ c: tt: c ¡þ N '" : I "¡ AJVIJ Rt/i 11¡1~LL,()jV 11 ~)O ^ '0""+/1 At 1 A ift)O 1 </1,6,.; lY fh.r 1~.... /i.,., .. Port Pierce, P!orid£l34949 (407) 4'61 5231 Tuesday, Septernber J 5, 1992 TO THE PLANNING BOARD~ Please excuse rne fronì 'Nriting a tn3.nsportation irflpact report, Since vv'e ,qìll have 4 bedroon"ls to rent the am.ount of additional traffic wiU be negligible. Please excuse rfle frorn writing an environrflental irnpact report. Our project is too srúall to have any environrfiental irflpact. Thank you [2¿~ hu-£~ Andrea. Mellon /...,./" . ( , . 'r'" [" j ,,\ : ~ " 'I' . J ; ¡,;,,-- ,( r &ŒDWŒr , ~ : BOARD OF COUNTY COMMI SSI ONERS, , 3 ::,~'~:z ¡,: L.. ST. LUCIE COUNTY, FLORIDA, ' . , ¡ . {"jV'" ""r" ·)r' ---...I ¡ ..." ,.IIV'-" , ; LVLLO:}j;' "1 'T LU^ - .1..., ,..-----:':,'-=--~'i. CO,~ REGULAR ,MINUTES .' Date: Tape: October 6, 1992 1, 2, 3 convened: 9: 25 a. m. adj ourned: 12: 55 'p. m. Commissioners Present: Chairman, Jim Minix; Judy Culpepper, Krieger, R. Dal~ -Trefelner, Havert L. Fenn Jack Others Present: Torn Kindred, County Administrator; Dan Kurek, Management and ~udget Adrninistra~or; Rick Howell, Utilities "Administrator; Terry Virta, Community Development Administrator; Clifford Crawford, Leisure Services Admi nis tra tor;, Ronald Brown, Public Works Administrator; 'Char¡es Bicht, Central Services ðirector; Dan McIntyre, County Attorney; Alice Bradice, Asst. County Attorney; Linda Childress, Finance Director; W. Linsen, Sheriff's office; A: Millie White, Deputy Clerk, 'ß/ ~ -~he Board apP70ved the request of Andrea I. Mellon for reI' f ro~ the _ requ~rements Of Section 11.02.09 (a) (4) of the .~e Luc~e County Land Development Code Transportation Impact Repor~~' Andrea ~ Mellon "I" . '- I.../' I i ; ~'\ !~ @ŒnmR ,f~ .: i I ! ._~J. U ~ LÇ , , I ,..., ,r "r' ' ! ; ( (; ,;~'::;ì¿ j L~ '!'f ~·J I I' . ~ ".1,vi'''v~/!T( orV[1 'Jr't""'l 'T l .c -'"" ._1. riLl\; ::., U It CO, Fl - BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA REGULAR. MINUTES . i , ..~- Date: Tape: October 6, 1992 1¡2,3 convened: 9: 25 a.m. adjourned: 12: SSp.ro. Commissioners Present: .Chairman¡ Jim Minix¡ Judy Culpepper, Krieger¡ R. Dale Trefelner, Havert L. Fenn Jack others Present,: Tom Kindred¡ County Administrator¡ Dan Kurek, Management and Budget Administrator¡ Rick Howell¡ Utilities Administrator; Terry Virta, Community Development Administrator¡ Clifford Crawford, Leisure Services Administrator; Ronald Brown¡ Public Works Administrator¡ . Charles Bicht¡ Central Services ð~rectoi; Dan Mclntyrel County Attorney¡ Alice . Bradice, Asst. County Attorney¡ tinda Childress, Finance Director¡ W. Linsen, Sheriff's office¡ A¡ Millie White, Deputy Clerk. ~he Mellon Andrea I. Board approve the request of Andrea I. Mellon for reiiëf from the requirements of Section 11.02.09 (A) (S) of the St. Lucie County Land Development Code Environmental Impact Report. · t.. ~'~C"~ c; -( 0a '! :\\ . ~ ~ ~~~ \ ~i/j,It"{¡ ~~~~ AGENDA REQUEr~ I ," _.....,~-"._.. ..-- !: ~ Ie r0 :¡:.' 11 i~7 ...; tr: ¡11__ I~ I' \1; :. .._.::2 u DATE: September 28, 1992: REGULAR: 10/6/92 SPECIAL: CONSENT :1 , ¡ ..._.. ..-.: CO~UNITY D[V[.~Ji':;,"!\'· T ! 11m .00 . rt REQUEST PRESENTATION: PUBLIC HEARING: WORK SESSION: ITEM DESCRIPTION - SUBJECT: COMMUNITY DEVELOPMENT - Planning Division: Consider the request of Andrea I. Hellon for relief from the requirements of Section 11.02.09.(A)(S) of the St. Lucie County Land Development Code - Environmental Impact Report. Location: Northwest corner A-I-A and Jackson Way, North Hutchinson Island. RECOMMENDATION: Grant the request of Mellon Patch Inn for relief from Section 11.02.09(A)(S) of the Land Development Code - Environmental Impact Report AVAILABLE FUNDING: PRESENTED BY: (IS BUDGET AMENDMENT REQUIREB) YES: NO: ACCOUNT NUMBER DEPARTMENT: COMHUNITY DEVELOPMENT CONCURRENCE: ...~~ THOMA: L. KINDRED COUNTY ADMINISTRATOR AGENDA(_) gm._.~I¡:~B§m BOARD OF COUNTY COMMISSIONERS ACTION DATE: 10/6/-92 Approved Vote: to r'~ '-~~ Kindred County Administrator COUNTY ATTORNEY DEVELOPMENT ADMIN. MANAGEMENT , BUDGET ADMIN. PUBLIC WORKS ADMIN. UTILITIES ADMIN. CODE COMPo DIR. LEISURE SERVICES ADMIN. PERSONAL ADMIN. GROWTH MGT. DIR. PORT DIR. AIRPORT DIR. PROPERTY ACQ. DIR. ENGINEERING DIR. PURCHASING DIR. ( \ ---, ... AGENDA REQUEST ITEM NO. 8 DATE: March 13,2007 REGULAR [X] PUBLIC HEARING 0 CONSENT 0 SUBJECT: S1. Lucie County Cultural Affairs Council Bo TO: Board of County Commissioners SUBMITTED BY (DEPT): Administration BACKGROUND: Due to the resignations of Mr. Oscar Bravo and Ms. Bonnie Hodge the Cultural Affairs Council currently has two vacancies. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board vote and appoint two at large members from the applications submitted to the Cultural Affairs Council to fill the vacancies. j,APPROVED 0 DENIED o OTHER: Appointed to Cultural Affairs Council Martha F. Bradley 2 votes Ruby Jefferson 5 votes COMMISSION ACTION: Dougla derson County Administrator Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: Other: (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 - ~ "Tj "Tj '-< (') ::to .§ (1) t;j tc CI1 (1) ~ ~ ""1 » nW ~ S "C ~ "C ...... (1) c:' (1) § ""1 (1) e: "C (1) F en .g ,." F 0 (1) r ...1:' ~o F 0 :< ~ ::r: ~ "'d ~ ~::\.. ~ c:S ...... ê z - '-< = p.. ...... ~ ::s - r:::r ...... -I ~ {fC¡ "'<: S g- '" ~ ,. ..... 7J Þ :::r' .. ~ - . .. r f 8 n 0 ~ c: Z :::c n 0 - ~ ,. ~ C) " ~ - .. Z II 0 .. m .. " a- n r ¡: :::c II' » E :! 0 '-f ... ... C '" s: .. -I Z J: .. .. \ \ r ... m ~ '" - - ~ ~ ~ --,. ~. VOTING BALLOT CULTURAL AFFAIRS COUNCIL Select (2) Applicant Bardley, Martha F. 'f Davenport, Jim ----- Jefferson, Ruby X Fappiano, Paul Freidman, Irving McSween, Hilda Ruth COMMI~. ATURE: . - -:--{ , Sqn\ ~~\ VOTING BALLOT CUL rURAL AFFAIRS COUNCIL Select (2) Applicant Bardley, Martha F. Davenport, Jim ¡C , Jefferson, Ruby X Fappiano, Paul Freidman, Irving McSween, Hilda Ruth Crc~r} VOTING BALLOT CUL rURAL AFFAIRS COUNCIL Select (2) Applicant Bardley, Martha F. / Davenport, Jim Jefferson, Ruby /' Fappiano, Paul Freidman, Irving McSween, Hilda Ruth Le"w\s VOTING BALLOT CUL rURAL AFFAIRS COUNCIL Select (2) Applicant Bardley, Martha F. Davenport, Jim Jefferson, Ruby j Fappiano, Paul Freidman, Irving J McSween, Hilda Ruth CO~~:~ SIGNATURE:. V ~U<J , Y VOTING BALLOT CUl rURAL AFFAIRS COUNCil Select (2) Applicant Bardley, Martha F. Davenport, Jim Jefferson, Ruby ~ Fappiano, Paul Freidman, Irving McSween, Hilda Ruth y COMMISSIONER'S SIGNATURE: C 6~ ,-,L JAN~1-2ØØ2 12:22P FROM: TO: 4621769 P: 1 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR SERVING ON COUNTY BOARDS AND COMMITTEES Thank you for applying for a posiûon on one ofSt. Lucie COlUlty'S many advisory boards and committees. The minimum requirements for committee menlbcrship ar~: ·Must be a County residenL .Must not be relatcd to another committee member, County Commissioner or County employee involved with the committee of iute:rest. *Mwt not be employed by the same business entity as other commiLlCC members. -Must not serve on more than 2 County committees. NOTE: Same committees have additional requi.rement~, please inquire when submitting this application. In addition, service on ¢ommittees with planning. ~ning or natural rcsourc:es responsibilities may require disdosure of financial intercsts. Please complete the following infonnation: 1. PLEASE l~plCAm TIIE COMMI1TIlli(S) YOU ARE INTHIŒS1'I:m IN, SBE REVERSE SIDE. 2. NAME, tn",iIJ ~ F. ~.....¡~"... <""f'_ ~ .PHONE,22~__ 1.2. 7: - ...1.5' 3. nOME ADDRESS: _~~l ~_~;;~.:::;:~ h:.f.~~ ~ ., 4. WIlICn COMMISSION DISTRICT DO Y LIYE IN? . 5. BUSlNESS/OCCUPA TION: <i)lJ.b ;c. . 6. BUSINESS ADDRESS: 1;~b.c. .._of_ PHONE: 7. BRIEF RESUME OF EDUCATION &. RX E ENCR (please attach resume) ~ S ~ .... ~._- ...... .---- 8. -.-. -.--.-. ...., 9. WHY DO YOU 1J.WIT< YOU ARE QUApFlpD -:'0 S_BR VB..Ç>N THE COMMfTTEE(S) INDICATED? ~ } ee.. tiImdlEd ,S"t/[~n.Þt'\ T . .. .. ..-"--- 10. WOUI.D YOU CONSIDER SERVING ON ANOTHER BOARD OTIlER THAN THE ONE(S) ABOVE? (PLEASE SPECIFY) ] 1. COMMRNTS:___ , / / /Ó.s I { , APPLICA nON WILL REMAIN EFFECTIVE FOR ONE YEAR For Cultural Affairs Council Submit Application to: St. Lucie County Cultural Affairs Council 600 North Indian River Drive Ft. Pierce, FL 34950 (772) 462-1767 DATE SIGNATURE - JAN.-1-2002 12:22P FROM: TO: 4621769 P:2 Answer to Question 9 of Application. I have a genuine interest in the history, cultural affairs and arts deve10pment of this rich tapestry that is St. Lucie County. T would like to contribute my experience and skills to assist in the continued demonstration and building of the County's heritage and character, as defined by its unique culture and the arts. In my view, this is one sound way to enhance our qua1ity of1ife and thereby influence the quality of our future economic development and tourism growth. JRN~1-2002 12:24P FROM: TO: 4621769 P: 1 MARTHA F. BRADLEY 1021 South Eighth Street Fort Pierce, Florida 34950 (772) 429-0035 Resume Highlights 1974 -- 2000: MetropoHtan Nashvtlle Airport Authori1;y. Nashville. Tennessee During my 26-year career with the Airport Authority I served in numerous positions including: Aviation Development Coordinator, Associate Director of Public Affairs, Manager of Communications, and Acting Director of Communications. Responsibilities included research; planning and implementation of marketing cOrIUnWlications programs; writing, design and production ofl11arketing and public information materials; local, state and federal government relations; media and community relations; tenant and airline relations; special events coordination. I served as the airport spokesperson for a number of years. Notable programs: Arts in the Aimort. Responsibilities: planned. coordinated and promoted the perfomlÍng arts aspect of this program (which also included fine arts). Worked with the Nashville and Middle Tennessee music community, colleges and universities, and the local musicians' wrion to schedule weekly live perfonrung arts showcases in the airport,. Results: NashVIlle became the first airport in the country to feature weekly live arts performances. This generaled national, regional, local, music and airport trade print and broadcast feature storíes~ increased the number of1öcal visitors to the airport; and made NashvtlJe the airport of choice for many connecting passengers from across tne country. Nashville Air1înes" Executives Conference bro\lght airline CEOs, schedulers and planners to Nashville for two days of Airport Authority, local government and business community presentations and social activity. Responsibilities: planning and implementation_ Results: more than 100% increase in passenger and cargo service; airline support for facilities development and airfield e)(pansion. NashVIlle was selected by American Airlines as the location for development of a new airline hub. Southwest made Nashville a m~or center of operations and service. Other carriers added flíghts and increased passenger traffic. NashVIlle built new passenger and cargo tenninals; expanded and added runways. Tennessee Aviation Days Air Show, designed to enhance the public's awareness of the importance ofavíation development to Middle Tennessee's economic welfare. Responsibilities: plan and implement all advance promotion and pubJicÎty~ media relatiollS. Results: increased attendance by 100%. J8N~1-2ØØ2 12:24P FROM: TO: 4621769 P:2 Prior to mov'Íng to Nashville in 1974, T resided in New Y or.k City for eight years. This is where 1 began my public relations and marketing career, with foJlowing companies: ClairoL IDe.. Div. ofBristQl-Mvers,1970-l973 Assistant to Product Publicity Manager, promoted to Product Publicity Manager. ResponsibíIitìes: create and implement introductory and sustaining product publicity programs. Write and distribute public relations and publicity materials for assigned products, services, personnel and activities. Develop, maintain and service consutner and trade media beauty/ fashion editorial contacts across the country. Plan and coordinate special events; coordinate photography sessions. Relocated to NashviUe 1974. Harsh~ RQ,t!n.J1~_:QoJ.9k.. InÇ... 1968-1970 Assistant Public Relations Account Executive on International Coffee Growers Association and ITT accounts. Responsibilities included public relations and publicity writing, media and client relations, special program and event planning and implementation. Examples: "How to Setup a Coffee House" kits for distnòution to college and university campuses across the country. Anti-tTust news re1eases. fact sheets, posi6on papers, media briefings and press conferences for TIT. Left for advancement. Pa.1mer Advertising International. Inc. 1966-1968 Administrative Assistant to Media Director, promoted to Media Buyer. Responsibilities: plan, present and ìmplement print media advertising programs for international industrial Clienl"ì. schedule/contract for media purchases~ track/present of results to client managements. Left for advancement. EDUCATION: High School: Chatham Hall School. Chatham Virginia College: Pine Manor College. Chestnut Hdl, Massachusetts Short Courses: Public Relations and Publicity at New York University Continuing Education, Nashville: Leadership SkiUs, Team Building PROFESSIONAL AFFILlA TIONS Publicity Club of New York Nashville Area Research Network Sales & Marketing Executives International ,1/ ,I , ~5'1f;~"~I:!I,@I!Þ~';, 'b ' COUNTY . FLORIDA - - st. Lucie County Board of County Commissioners Application for Servina on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: · Must be a County resident · Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. · Must not be employed by the same business entity as other committee members. · Must not serve on more than 2 County committees Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: ..,J' "" bÞVÐ-JP~ Phone: 'k.~ ~"7~~ 3. Home address: l+f"'¡ St:: ~'V~~ C,UI.oA! 'PP(C\ s~ \.v C.I"~ f \,.. "3- 1.j .;""\..-. 4. Which commission district do you live in? 5. Business/Occupation ~11 ~~~ }.A 4- ~A,Lot¿- . 6. Business address: '0\0 S·~ 'bÞ- ,~ ~~ þ ,¿¡iu 'f L 1~S'O 7. Brief resume of education & experience: (Please attach resume) ~. "·~..:;I'5"t.Je:'5G. ~~ '""Pt~~~ 8. Do you currently serve on a county committee(s)? If so, please list: ~t:) 9. Why do you think you are qualified to serve on the committee(s) indicated? ¡..c?PI-t.:-CI".-n~ ?D.c- \.1' ~1Gct.'t t.'"'f "tùt::r"~~íL( ~ CO~~ 10. Would you consider serving on another board other than the one(s) stated above? (Please specify) -p áJ6xJ S. 11. Comments: SIGNATURE: DATE: ointments Available S1. Lucie Count Please check the committees you are interested in: a Beach Preservation Task Force a Board of Adjustment a Central Florida Foreign-Trade Zone, Inc. a Children's Services Council a Citizen's Budget Development Committee a Code Enforcement Board a Community Development Block Grant Citizen's Advisory Task Force a Contractors Certification Board It" Cultural Affairs Council a Emergency Medical Services Advisory Council a Environmental Advisory Committee a Environmental Hearing Board a FI. Dep1. of Children and Family Services Committee District 15 a FI. Dep1. of Children and Family Services Nominating Qualifications Review Committee District 15 a jort Pierce Harbor Advisory Committee JfI' Historical Commission n Housing Finance Authority a Investment Committee a Library Advisory Board n Planning & Zoning Commission/Local Planning Agency a Restudy Coordination Committee a S1. Lucie County Recreation Advisory Board n Tourist Development Council n Treasure Coast Health Council, Inc. n Treasure Coast Regional Economic DistricUOverall Economic Development Program Committee n Vegetation Protection Committee n Bicycle/Pedestrian Advisory Committee a Attainable/AffordablelWorkforce Housing Task Force a Treasure Coast Education, Research and Development Authority Board n Smart Growth Advisory Ad Hoc Committee a Transfer of Development Rights (TDR) Advisory Ad Hoc Committee a Historic Preservation Committee n Skate Board Park Committee APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: S1. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR SERVING ON COUNTY BOARDS AND COMMITTEES Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: *Must be a County resident. *Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. *Must not be employed by the same business entity as other committee members. *Must not serve on more than 2 County committees. NOTE: Some committees have additional requirements, please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of [mancial interests. Please complete the following infonnation: 1. PLEASE ICA TE T,ÇOMMITTEE(S) YOU ARE INTERESTED IN, , ), 1 c:'. 90 2. NAME: J -\-e y-60 rl PHONE: ell? _ "t"LR 1b - () D D 3. HOME ADDRE: '1 : LoÙ +- -\ "3 4. WHICH COMMISSION DISTRlCT DO YOU LIVE IN? 5. BUSINESS/OCCUPATION: Xf\Ó;Qlrl ¡¿I'Ve,\{ e..OY\¡U\.l"tJ--Yl.L+-<-j C/ò\le~ ~ ,/ Ç;'mV1ú~/VtAr~n 6. BUSINESS ADDRESS: 3~; ~('(l;OL fhrE-, J û ~ {Jd.tN601 F+- V; -r /2, ?'tq PHONE:( 1 ~ ;:l ) 4-l, ~- l} \j ~ 7. BRlEF RESUME OF EDUCATION & EXPERIENCE (please attach resume) ~ Q.J:P7L~~ 8. D YOU CURRENTLY SERVE ON A COUNTY COMMITTEE(S). IF SO, PLEASE LIST. o 9. WHY DO YOU T INK YOU ARE QU IFIED TO SERVE ON THE COMMITTEE(S) INDICATED? ,...._ ,_ _._ '" ý'-''''' 'I ~Ç.¿µ ~ ¡/¡u /1n~ (}-tf)tJ I)Ú~ . ·10. V{OULD YOU CONSIDER S VING ON ANOTH R BOARD OTHER THAN THE ONE(S) ABOVE? (PLEASE SPECIFY) ß~5 ( CLfL ï ~ ~ I 1. COMMENTS: - SIGNATUREcK/é.lL11' ~~ DATE 1J.-1Ô-OI.¡, AULICA TION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit Application to: Missy Stiadle St. Lucie County Administration 2300 Virginia Avenue Fort Pierce, FL 34982 ~\ Ç.\.ì ~ "'-~~, IS ·~ú~, ð- ~ $ v~r\ \ t"\ K",~" ~S ~~~ 5704 Kings Hwy (772) 466-5098 Fort Pierce, FI 34951 Ruby Jefferson Objective A middle/upper-level leadership position with responsibilities that includes problem solving, planning, and organizing Experience 2003-Present Indian River Community College Financial AidlVeterans Affairs Advisor · Assist students with their FAFSA · Counsel student on their Satisfactory Academic Progress · FAFSA orientations at area high schools and other areas in the community · New student orientation · Reconcile state programs (FSAG and Bright Futures) · FAFSA Verifications · Assist veterans in implementing their educational benefits · Certify veterans' schedule to the VA regional office · Maintain all enrolled veterans files according to VA specifications · Maintain all clock hour attendance for enrolled VA students · Crossed trained liaison person for financial Aid and guidance · Prepare suspended students' appeals for financial aid, scholarships, and/or bright future · Created Financial Aid's survey for customer service Experience 1989-2003 Indian River Community College Fort Pierce, FI Registration Assistant · Registration · Develop and manage employees special schedules Experience Education · Design, implement and maintain Databases · Assist in training new employees · Counsel students on vocational programs · Evaluate the needs of new students · Evaluate CLEP, International Baccalaureate, Advance Placement, and Dantes transcripts. · Implement competency and articulated credit awards · Assist with graduation certification · Assist with technical certificate certification · Provide Mariner expertise to Educational Services staff Fort Pierce, FI 1983-1997 Sears Sales Person · Assisted customers · Trained new employees · Inventory control · Cashier · Maintained customer relationships . Implemented solutions to customer problems Implemented advertisement displays for marketing purposes Warner Southern College 2002 . B.A., Organizational Management Fort Pierce, FL Barry University 2004 Miami Shores, FI . M.S. Degree: Human Resource Development and Administration ,L2/1~/2ø~~ 17:19 7724622131 ST LUCIE EDCC PAGE 132 ,_,.,'7':':".".~~~-:::~'"." "C¡;;:r;' 'L"U' ''C 1,,[,-;, ,.,_~ -"_I'l": -, ''¡L' ". ..)'1_" '~.: - ::~'I COUNTY"" FlOi-tIDA ---. ----- ----- -....-----------. ..~"_-....-.---_...-.----- Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: . Must be a County resident . Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. . Must not be employed by the same business entity as ather committee members. . Must not serve an more than 2 County committees $t.1.ucle CountY Board of County Commissioners ADDlicat\on for Serving on County Boards and Committee.l Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) yeu are interested in. See the list below. 2. Name: Irv (Irving) Friedman Phone: 772-33.5-9388 3. Home address: 1326 SE Vestridge Lane 4. Which commissioodistrict do you live in? ~ 5. BusIness/Occupation Retired Air Traffic Controller (FAA) 6. Business address: 7. 8lief resume of education & experience: (Please attach resume) = ...s. ~~ ,,~1. r-~ t:., ~ ~ ~-~!;. - 8. De you currently serve on a county commîttee(s)? If so, please list: NO 9. Whv de you think )Iou are qualified to serve on the committee(s) ~d? Cultural Affairs Council ourist Developmen ounc Plannin~ & lonin~ Commission 12/1B/2005 17:25 7724522131 ST LUCIE BOCC PAGE 03 10. Would you consider serving on another board other than the one(s) stated above? (Please specify) Yes - Any that mi~ht benefit from my expertise 11. Comments: i . .. . As you can see I have alot of exper ence 1n aV1at10n, f11m commission work and have a desire to give back to the community. SIGNATURE: DATE: 12/19/2006 St. Lucie County Advisory Boards and Committee Citizen ACDointments Available Please check the committees you are interested in: Þ Beach Preservation Task Force tr Board of Adjustment tI Central Florida Foreign-Trade Zone, Inc. 3:1 Children's Services Council tI Citizen's Budget Development Committee tI Code Enforcement Board tI: Community Development Block Grant Citizen's Advisory Task Force tI Contractors Certification Board ~ Cultural Affairs Councìl tI: Emergency Medical Services Advisory Council tI: Environmental Advisory Committee ø Environmental Hearing Board tt FI. Dept. of Children and Family Services Committee District 15 tt Fl. Dept. of Children and Family services Nominating Qualifications Review Committee Distríet 15 t! Fort Pierce Harbor Advisory Committee 1:1 Historical Commission ø Housing Finance Authority Þ Investment Committee ø Library- Advisory Board .. Planning & Zoning Commission/Local Planning Agency tt Restudy Coordìnation Committee .P~ Sf. Lucie County Recreation Advisory Board I!{ Tourist Development Council tI: Treasure Coast Health Council, Inc. tt Treasure Coast Regional Economic District/Overall Economic Development Program Committee tt Vegetation Protection Committee tI BicyclelPedestrian Advisory Committee tI Attainable/AffordableMlorkforce Housing Task Force Q Treasure Coast Education, Research and Development Authority Board tS Smart Growth Advisory- Ad Hoc Committee tI Transfer of Development Rights (TDR) Advisory Ad Hoc Committee 11 Historic Preservation Committee tI Skate Board Park Committee APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiad!e 2300 Virginia Avenue, Fort. Pierce, FL 34982 Phone: (772) 462·1156 2 1933- Started self study of photography 1939-1943 Under the aegis and tutelage of high school teacher, worked on four year school project producing a three hour film titled,"A Student's Four Years of High School Life". Dur- ing my senior year was soley responsible for editing, cutting and titling of final finished work. 1944-1946 Studied aerial photography in the U.s. Navy. Was assigned as crew photographer in addittion to duties as Aviation Radio and Radarman. Graduated School of Modern Photography- New York City- Majors- Color, Black and White, Studio Photography, Portraiture, Retouching and Business Graduated Brooklyn College- New York- Majors- Merohandising, Business Management Completed Volunteer Services Photographers School- Purpose, to teach photography as a rehabilitative vocation to main- ly hos~italized veterans. I also did publicity work for them. New York City Certified by Ansco Corporation's - Ansco's Camera Club Services Recognized as Advanced Amateur, able to teach for camera clubs.New York City 1975 Completed Nikon School of Photography- Newark, N.J. 1975 Completed Beseler Color Printing School- Newark, N.J. 1977 Completed Unicolor School of Photography- N.J. 1985 to present-- I have attended numerous seminars and workshops by Eastman Kodak which included such courses as. Law Enforcement Photography- Cape Kennedy, Fl. Studio Photography- Ft. Lauderdale, Fl. Commercial Photography- Ft. Lauderdale, Fl. Visions In View 1990- Orlando, Fl. EDUCATION 1948- 1955- 1956-1957 1961 1970 1971 1971-1974 Federal 1960 1963 1972 1972 1976 1977 1995 1.995 ~ ---.- - -- -------- - ..__.---------~ Graduated New Jersey State Fire School, Trenton, N.J. Graduated New Jersey State Fire Police School (N.J. State Police approved) Trenton N.J. Attended numerous oourses N.J. State Fire College- Studied Arson Photography Aviation Administration Directed Study Courses certificated in. Management For Supervisors Intrºduction to Radar Techniques DFR-11 Human Relations in supervision Briefing and Preseñtation Techniques Effectivê Organization of Work On The Job Training_Instruotian Teohniques I was also certified to take weather observations Indian River Community College- Course- strategic Planning Ohio University - study- Southeast Ohio Artisans WORK EXPERIENCE Tool and Diemaker Electrician (industrial) Salesman and Manfacturers Representative in Hardware and Plumbing lines Supervisor in custom furniture manufaeturi~.~~s1neae Professional photographer (commercial) Teaoher of photography Theatre Critic, photographer and writer for Entertainment magazine. Air Traffic Controller Hardware store manager ~~ POST OFFIOE Box 248 CHARLESTON. SOUTH CAROLINA 29402 TELEPHONE 803-722·4088 June 29, 19B1 TO WHOM IT MAY CONCERN: Mr. Irving Friedman was employed as Maintenance supervisor by Ashley Hall School from the middle of January 1981 through June of 19B1. In this capacity he supervised five maintenance men and had complete responsibility for the physical plant consisting of ten buildings, one of which housed a 60,000 gallon swimming pool. I can recommend Mr. Friedman without reservation. The enthusiasm and energy he gave to the job, along with his attention to details, were a great asset. He is knowledgeable and thorough. I deeply regret that his personal situation made it necessary for him to leave Ashley Hall. If you wish to talk with me, please call (B03) 722-4088. Sincerely, MELly I had been very active on the Chamber of Commerce Business and Industry Committee and the Tourism Committee. Past President of the Treasure Coast Symphony and served as a Board member many years One of the founding members of the Atlantic Classical Orchestra. A founding member of the Port st Lucie DAV Chapter. Legion of Honor member of Barn Theatre of Stuart. Past President and current Board Member of st. Lucie Community Theatre. Founding member of Port st Lucie Film Commission Founding member of St. Lucie County Cultural Affairs Council and an Interim Chairman of the Board in 1997. Taught Photography at Indian River Community College. Port st Lucie High School ( assisted teacher in establishing course) Founding member of the Jewish War Veterans Post in Port st Lucie Judgeð many juried art and photography shows in the Treasure Coast area. I have been responsable for designing and building sets and lighting as well as directing and producing shows for the Barn Theatre. Shiloh and the st. Lucie Community Theatres. .. fr----···.--- .. --I ,! n' , (I,J .,. .. ! i q , ~¡ il:i NOV 2 72006 I' ¡ I L------.... L- CG A~~~'~_~?~:.~>.~_ St. Lucie County Board of County Commissioners Application for Servina on County Boards and Committees Thank you for applying for a position on one of St Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: · Must be a County resident · Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. · Must not be employed by the same business entity as other committee members. · Must not serve on more than 2 County committees Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: Hilda Ruth McSween Phone: Work: (772) 595-5845 Home: (772) 461-8756 3. Home address: 2303 Edwards Rd.. Fort Pierce. FL 34982 4. Which commission district do you live in? District 4 5. Business/Occupation: Curator 6. Business address: Navv UDT-SEAL Museum 3300 N. HWY A1A. North Hutchinson Island. Fort Pierce. FL 34949 7. Brief resume of education & experience: (Please attach resume) Please see attachment 8. Do you curren~y serve on a county committee(s)? If so, please list: No 9. Why do you think you are qualified to serve on the convnittee(s) indicated? I have been a resident of St. Lucie County for over thirty-five years. I have seen the chanaes and challenaes facing St. Lucie County. I have the necessary knowledae and skills to assist the Tourist Development Council in resolving tourism concerns within the community. 10. Would you consider serving on another boél'd other than the one(s) stated above? (Please specify) Cultural Affairs Council. Historical Commission. Tourist Development Council. Historic Preservation Committee 11. Comments: In addition. this year I will serve on the Chamber of Commerce Leadership proaram. SIGNATURE: ~ ~ (hc.~8M.~ DATE: II /-;.., I ;too b St. Lucie County Advisory Boards and Committee Citizen ÄDDointments Available Please check the committees you are interested in: a Beach Preservation Task Force a Board of Adjustment a Central Florida Foreign-Trade Zone, Inc. a Children's Services Council a Citizen's Budget Development Committee a Code Enforcement Board a Community Development Block Grant Citizen's Advisory Task Force ~ Contractors Certification Board 1J Cultural Affairs Council a Emergency Medical Services Advisory Council a Environmental Advisory Committee a Environmental Hearing Board a FI. Dept. of Children and Family Services Committee District 15 a FI. Dept. of Children and Family Services Nominating Qualifications Review Committee District 15 a Fort Pierce Harbor Advisory Committee 1t' Historical Commission a Housing Finance Authority a Investment Committee ø Library Advisory Board a Planning & Zoning CommissionlLocal Planning Agency ø Restudy Coordination Committee ~J St. Lucie County Recreation Advisory Board Iir Tourist Development Council ø Treasure Coast Health Council, Inc. a Treasure Coast Regional Economic District/Overall Economic Development Program Committee ø Vegetation Protection Committee a BicyclelPedestrian Advisory Committee ø Attainable/AffordableIWorkforce Housing Task Force a Treasure Coast Education, Research and Development Authority Board ø Smart Growth Advisory Ad Hoc Committee a Transfer of Development Rights (TOR) Advisory fvj Hoc Committee d Historic Preservation Committee ø Skate Board Park Committee APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: [Tn) 462-1156 2 . '\ Hilda Ruth McSween 2303 Edwards Road Fort Pierce, FL 34982 Day Phone: 772-461-8756 Email: connery4me@aol.com Education: Master of Arts in Museum Studies · University of Newcastle, UK 13 September 2004 to 15 September 2005 Bachelor in Arts, History: · Florida Atlantic University, Boca Raton, FL, December 2004 · Graduated sigma cum laude Associate in Arts degree: · Indian River Community College, Fort Pierce, FL, June 2001 · Graduated cum laude EmplovmentlW ork experience: Navy UDT-SE'AL Museum, September 2005-to Present Responsible for: · Adding new donations to the museum's collection · Tracking loans for artifacts to other museums · Corresponding with prospective donors · Cataloging new acquisitions · Overseeing and documenting all aspects of the collection, including physical organization storage and preservation, cataloguing, digitization and access · Developing exhibitions · Crafting the visitor experience and the future direction of the Museum · Assisting in planning museum events-fundraisers Museum of Antiquities, Newcastle upon Tyne, UK , Summer 2005 Placement · Cataloged Roman artifacts · Conducted the 'Northumbria For All' project. · The project's goal was to target people living in isolated rural areas of Northumberland, in particular those without access to transport and therefore likely to encounter rural exclusion, by encouraging currently isolated rural people to become engaged with the museums on long-tenn basis United States Navy Seal Museum, Fort Pierce, FL , Summer 2004 · Front of house Historical Society of Palm Beach, Palm Beach, FL , Summer 2004 · Registered collection . . . Member of: · American Association of Museums (AAM) · Florida Association of Museums (F AM) · Florida Trust for Historical Preservation, Museums Association (United Kingdom) · The Southeastern Museums Conference (SEMC) · American Association for State and Local History (AASLH) · National Society of Collegiate Scholars · The Honor Society of Phi Kappa Phi · Phi Alpha Theta History Honor Society · Saint Lucie County Historical Society · Sunrise Theatre References: · Rhiannon Mason, tutor University of Newcastle Newcastle, UK Tel: 011-44-191-222-5579 E-mail: Rhiannon.Mason@ncl.ac.uk · Susan Duncan 8206 S.B. Palm Street Hobe Sound, FL 33455 USA Tel: 772-546-7552 E-mail: museummaven@aol.com . CAPT Michael R. Howard, USN (Ret) Executive Director Navy UDT -SEAL Museum 3300 N, HWY AlA, North Hutchinson Island Fort Pierce, FL 34949 Tel: 772-595-5845 E-mail: udtsealm@bellsouth.net . Professor Bob Heyman Associate Dean for Research St Bartholomew School of Nursing & Midwifery City University 24 Chiswell Street London ECIY 4TY Tel: 011-44-207-040-5783 E-mail: bobheyman@yahoo.co.uk ~ " ~ Agenda Request Item Number Date: U OJ 03113107 Consent Regular Public Hearing Leg. [ ] [ 1 [ X] [ ] Quasi-JD [ Growth Management Presented By ?,I øI-7 Growth Management Director Petition of Coast to Coast Investment Properties, LLC for Major Site Plan approval for the project to be known as Wilson Development for property located in the Kings Highway Industrial Park on Commercial Circle in the IL (Industrial, Ught) Zoning District. Draft Resolution No. 07-037. To: Submitted By: Board of County Commissioners SUBJECT: BACKGROUND: The petitioner, Coast to Coast Investment properties, LLC has requested Major Site Plan approval for the project to be knOWn as Wilson Development for property located in the Kings Highway Industrial Park on Commercial Circle. The project consists of two one-story buildings, each being 17,500 square feet for a total of 35,000 square feet of industrial space. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Draft Resolution No. 07-037 granting Major Site Plan approval for the project to be known as Wilson Development. COMMISSIQN ACTION: CXJ APPROVED [:J OTHER Approved 5-0 U DENIED Coordination! Signatures Mgt. & Budget: ./ Environ. Res. ~t ':tt~¡!/".~ b", County Engineer , Purchasing: Other: County Attorney Originating Dept.: Finance: Ii ..' '/'~/ ,.¡.~+- Page 1 of 1 Beverlee Deans - Re: agenda pkg to be signed "'" From: To: Date: Subject: cc: Vanessa Bessey Deans, Beverlee 3/7/20078:48 AM Re: agenda pkg to be signed Nix, Robert I did. Can you have Bob sign for me? We reviewed it and have no problems. »> Beverlee Deans 3/7/2007 8:39 AM »> Vanessa, I ended up going to a meeting at another location and missed you yesterday. I really need to have you sign off on Wilson Dev. agenda pkg. Did you receive it yesterday from Wendy? I will have more sent to you today for the meeting on the 20th. Thanks, Beverlee Deans Growth Management file://C:\TEMP\XPGrpWise\45EE7C49SLCMAILDV AA VE_PlO01696B621D751\GW}OO... 3/7/2007 GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM TO: FROM: DATE: Bob Nix, AICP, Director of Growth Management Hank Flores~~Chairman - Development Review Committee March 1, 2007 SUBJECT: Petition of Coast to Coast Investment Properties, LLC, through agent Joseph Friscia P.E., for Major Site Plan approval for the project to be known as Wilson Development Pursuant to Section 11.02.04(A)(4), St. Lucie County Land Development Code, the Development Review Committee would like to advise you that the above referenced Major Site Plan, a proposed 35,000 square foot industrial facility consisting of two - 17,500 square foot buildings to be known as Wilson Development for property located on Commercial Circle in Kings Highway Industrial Park, has been determined to meet all appli~ble provisions of Section 11.03.03, of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the Provisions of Section 11.02.04(A)(8) of the St. Lucie County Land Development Code, staff is requesting that you place this item for regular hearing before the St. Lucie County Board of County Commissioners on March 13, 2007. Attached are the Staff Memorandum and supporting documentation for the proposed project. Please let me know if you have any questions. Transmittal Master Checklist PrimarY Distribution Sent Received Environmental Resources Department, Amy Mott: y y Public Works Surveyor - Ron Harris: y y Road, Bridge, & Transportation - Don Pauley: y y Stonnwater Management - Chris Lestrange: y y General Engineering - John Frank: y y Zoning Supervisor - Paula Bushby: NA Attorney Prop Acquisition - JoAnn Riley: y y Sheriff's Department - Major Monahan: y y St Lucie County Fire District - Captain Derek Foxx: y y Ft Pierce Fanns/North St Lucie Water Control District - Ray Garcia: NA Property Appraiser's Office - Maurice Snyder: NA IF AS - Jeffrey Gellennann: y y Residential Only School Board of St Lucie County - Marty Sanders: NA y Community Services (Transit) - Jody Bonet: NA y Geoe:raøhical Based St Lucie County Utility Department - Mike Bowers: NA Airport Authority - Diana Lewis: NA City of Ft Pierce - Beach/Recor: y y City of Port St Lucie - Cheryl Friend: NA Ft Pierce Utilities Authority - David Mellert: NA Education and Research Authority - Jane Bachelor: NA Commission Review: March 13, 2007 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Bob Nix, AICP - Growth Management Director Hank Flores, Planning Manager FROM: Wendy Clark, Senior Planner DATE: March 7, 2007 SUBJECT: Petition of Coast to Coast Investment Properties, LLC for Major Site Plan approval for the project to be known as Wilson Development. The property is located in Kings Highway Industrial Park on Commercial Circle in the IL (Industrial, Light) Zoning District. LOCATION: Kings Highway Industrial Park, on the north side of Commercial Circle. ZONING DISTRICT: IL (Industrial, Light) FUTURE LAND USE: IND (Industrial) PARCEL SIZE: 2.83 acres SURROUNDING ZONING: IL (Industrial, Light) Zoning District is located to the north, south, east, and west. SURROUNDING LAND USES: The existing land uses on the surrounding properties are industrial to the west, north, and east; and residential to the south. FIRE/EMS PROTECTION: Station # (2850 Aviation Way), is located approximately 1.5 miles to the west of the subject property. UTILITY SERVICE: Water and sewer service will be provided by the Ft. Pierce Utilities Authority. TRANSPORTATION IMPACTS: RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Commercial Circle is a right-of-way 60 feet in width. None Certificate of Capacity Exemption March 13. 2007 Page 2 Subject: Wilson Development File No.: MJSP-06-005 ******************************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.02.07, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Major Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use 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; and the proposed use complies with all additional standards Imposed on It by the particular provisions of this Code authorizing such use and any other requirement of the Code and Complied Laws of St. Lucie County. The Wilson Development Major Site Plan 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, and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The proposed project, located in Kings Highway Industrial Park, consists of two one-story buildings. each being 17,500 square feet in area for a total of 35,000 square feet of industrial space. The Wilson Development Major Site Plan has been determined not to have an undue or adverse effect upon nearby properties. The property to the north, south, east, and west is zoned IL (Industrial, light). 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening All reasonable steps have been taken and the proposed project is not expected to adversely impact the surrounding properties. 3. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The proposed Wilson Development has been determined to be consistent with the minimum level of service standards of Chapter V, Adequate Public Facilities. The developers of the project have March 13, 2007 Page 3 Subject: Wilson Development File No.: MJSP-06-005 demonstrated that utility services will be provided by the Fort Pierce Utilities Authority; County staff has determined that the projected waste flows from this development can be accommodated at the County Landfill; the County has no minimum LOS standard for transit services. The Kings Highway Industrial Park has been determined to be vested for traffic concurrency pursuant to Section 11.09.00 of the St. Lucie County Land Development Code. The proposed project has applied for and received a Certificate of Capacity Exemption in accordance with Section 5.02.02(C) of the St. Lucie County Land Development Code. D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the SL Lucie County Bureau of Fire Prevention written confinnation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency acce.. are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County Fire District confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. As this project is an industrial operation, no school facilities will be impacted by this development. F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Hom. The proposed Major Site Plan is not anticipated to create an adverse impact on the natural environment. The property has been previously cleared of vegetation. COMMENTS The applicant, Coast to Coast Investment Properties, LLC has applied for Major Site Plan approval for the project to be known as Wilson Development. for property located in the Kings Highway Industrial Park, on the north side of Commercial Circle. The project consists of two one-story buildings, each 17,500 square feet in area for a total of 35,000 square feet of industrial space. Attached is a copy of Draft Resolution No. 07-037, which, if approved, would grant the requested major site plan approval for Coast to Coast Investment Properties, LLC, subject to the following condition: The developer, his successors or assigns shall construct a 5-foot sidewalk along the project's frontage on Commercial Circle or the developer, his successors or assigns shall petition the Board of County Commissioners for total or partial relief from the requirements of the sidewalk construction. If the Board finds, after receiving the recommendation of the Development Review Committee and based on conditions peculiar to the proposed development, that the proposed sidewalk construction is not In the best interest of St. Lucie County, the applicant shall pay a fee-In-lieu to the County for sidewalk construction. The fee-In-Ileu shall be based an engineer's estimate and approved by the County Engineer. March 13, 2007 Page 4 Subject: Wilson Development File No.: MJSP-06-005 Please let me know if you have any questions. SUBMITTED: Bob ~::Jf~ Growth Management Director we cc: Joseph Friscia, Friscia Engineering File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. 07-037 FILE NO.: MJSP-Ð6-005 A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS WILSON DEVELOPMENT, A PROPOSED 35,000 SQUARE FOOT INDUSTRIAL FACILITY CONSISTING OF TWO - 17,500 SQUARE FOOT BUILDINGS FOR PROPERTY LOCATED ON COMMERCIAL CIRCLE IN THE KINGS HIGHWAY INDUSTRIAL PARK IN THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. Coast to Coast Investment Procerties, LLC, has applied for Major Site Plan approval for the project to be ,known as Wilson Development consisting of two one-story buildings, each 17,500 square feet in area for a total of 35,000 square feet of space for property located in the Kings Highway Industrial Park, on the north side of Commercial Circle in the IL (Industrial, Light) Zoning District for the property described in Part B. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements of the St. Lucie County Land Development Code and to be consistent with the future land use maps from the St. Lucie County Comprehensive Plan. 3. The proposed project is consistent with the general purpose, goals, objectives, and standards of review of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 4. 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. 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 $0 as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served by adequate public facilities and services. 8. The applicant has applied for and received a certificate of capacity exemption, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. FileNo: MJSP-06-005 March 13, 2007 Resolution No. 07-037 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for the project known as Wilson Development, is hereby approved as shown on the site plan drawings for the project prepared by Joseph T. Friscia, dated February 3, 2006, and date stamped received by the St. Lucie County Growth Management Director on August 24, 2006, for the property described below, subject to the following condition: The developer, his successors or assigns shall construct a 5-foot sidewalk along the project's frontage on Commercial Circle or the developer, his successors or assigns shall petition the Board of County Commissioners for total or partial relief from the requirements of the sidewalk construction. If the Board finds, after receiving the recommendation of the Development Review Committee and based on conditions peculiar to the proposed development, that the proposed sidewalk construction is not In the best Interest of St. Lucie County, the applicant shall pay a fee-ln-lIeu to the County for sidewalk construction. The fee-ln-lleu shall be based an engineer's estimate and approved by the County Engineer. B. The property on which this Major Site Plan is being granted is described as follows: KINGS HIGHWAY INDUSTRIAL PARK·UNIT ONE· BLK BLOTS 7, 8 and 9. (TAX 10#'.: 1335-801· 0024-000-5, 1335-801-0025-000-2, and 1335-801-0026-000-9) (Location: Commercial Circle in Kings Highway Industrial Park). C. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on March 13,2009, unless the developer has obtained building permits for the site plan described in Part A or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. D. The Final Site Plan approval granted under this resolution is specifically conditioned to the requirement that the petitioner, Coast to Coast Investment Properties, LLC, 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 B. E. 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. F. The certificate of capacity exemption, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the certificate of capacity exemption shall automatically terminate. G. A copy of this Order shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. FileNo: MJSP-06-005 March 13, 2007 Resolution No. 07-037 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 H. A copy of this Order shall be attached to the site plan drawings described in Section A, which plan shall be on file with the St. Lucie County Growth Management Director. \. This 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 Vice-Chairman Joseph E. Smith Commissioner Charles Grande Commissioner Paula A. Lewis Commissioner Doug Coward xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this 13th Day of March, 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY Deputy Clerk we H:\ResolutionsWilson Development Res.doc FileNo: MJSP-06-005 March 13, 2007 BY Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Resolution No. 07-037 Page 3 10 1 2 Exhibit A 3 4 5 6 Certificate of Capacity Exemption 7 8 9 11 12 13 14 15 16 17 FileNo: MJSP-06-005 March 7, 2007 Resolution No. 07-037 Page 4 CERTIFICATE OF CAPACITY EXEMPTION 2300 Virginia Avenue Ft. Pierce. FL 34982 (772)-462-2822 Date 2/26/2007 Certificate No. 4698 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 35000 SF Industrial Facility Number of units Number of square feet 35000 2. Property legal description & Tax ID no. 133580100240005; 133580100250002; 133580100260009 Commercial Circle Wilson Development 3. Approval: Building 4. As part of the development: Kings Highway Industrial Park Resolution No. 07-037 Letter 5. On property owned by Coast To COast Investment Prop 1400 NE Savannah Rd Jensen Beach FL 34957 is hereby granted a Certificate of Capacity Exemption according to Chapter 5.02.02 AD B 0 C ~ DO ED FO GO HO 10 JO of the St Lucie County Land Development Code. 6. Certificate Expiration Date 3/13/2009 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed Date: 2/26/2007 Growth Management Director: St Lucie County, Florida Signed ß ~ ~Da;~ ~Dñ~ Concurrency Review by: Date: 2/26/2007 Monday, February 26, 2007 Page 1 of 1 I-- Wilson Development - MJSP 06-005 ¡ Zoning I-- Legend 5è /~ ~~~"'_ (jrtrW/Æ .N"'1¥nrIIPIl De.JHR'fmnft ('72\ Wilson Development parcel o 520 1,040 ~ - Fo" Map prepared January 17, 2007 D fL-l --- ~ A t:!_" At: _1 --- .IIr. _1 I ---~ I I I ¡ Ii II I Ii I r J I I I I ¡I I I ' I A~J I' f ,I \, '¡ " / "'" / - ! i , --.- _.--,.. --- -1L- -- - AG-1 - , " / / - - , ",y/!-op- -r;--~ ..,..... --,/,11 : V/ //1 ,.,./'/ ;, // i.' 1 i ! I i -~.~ IL " ,- -n 1 . :- ,c, \' ~\~:';~ :'"' ,:, . ".'" "... . ," " ", "'. .'," , .., ; " I' " ',. n , " ,,' ~&6;"; .'; , ' , :;' .' I:,t.-, ,~ ;, ~)-~~.r .' .~ .0;; 'I4)-.~y ." , . ç', ~.9$ '" .... -sr~ .,' , ",:-;n , ~,.'. "'.', K+' I~I~ I" ..; , I AG·1 A~1 ~~~ -~: lffiIl I~II I M "'~ ~~ AG-1 N A - IL - i : - - I AG-1 IL lL_. .___' ~. - --~ AG-1 'Alvn AG-1 . " , ; IL IL If-- \ IL .... 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AGENDA REQUEST ITEM NO. 14 DATE: March 13, 2007 REGULAR [ x ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY{DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Master Agreement for Demand Side Management and Energy Efficiency Services BACKGROUND: See CA No. 07-0410 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the Agreement and authorize the Chairman to sign it. [ ] APPROVED [ ] DENIED [X] OTHER: 10. Pulled prior to the meeting. D gla . Anderson County Administrator COMMISSION ACTION: [X] County Attorney: [ ] Road & Bridge.: (Þï.1, ¡,I4 Review and Approvals [ ]Purchasing: [ ] Solid Waste Mgr [ ]Management & ~udget: [ ) Parks & Recreation Director Effective 5/96 [ ]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: 07-0410 DATE: March 13/ 2007 SUBJECT: Master Agreement for Demand Side Management and Energy Efficiency Services BACKGROUND: FPL has conducted a free feasibility study of water conservation measures that can be taken at the St. Lucie County Jail. The attached Agreement would allow FPL to implement the measures that were suggested in that study. Also attached is a summary of the savings that St. Lucie County would realize upon implementation of the plan. FPL projects that the project will have a financed cost of $lA94/972 and will provide an annual cost savings of $163/035/ yielding a payback time of 9.2 years. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Agreement and authorize the Chairman to sign it. Respectfully submitted, ~~4t< -(! Heather Sperrazza ~~k: () Assistant County Attorney HL/ ~. >. ..:.-J {\¡ cn ·r "-Cc_~/ .11 Y ~ St. Lucie County Corrections Feasibility Study Services. LLC 1. Executive Summary FPL Services (FPLS) is pleased to present this Feasibility Study and proposal to St. Lucie County Corrections (SLCC) for Energy Management Performance Contracting Services. This is FPLS's first opportunity to identify and implement cost effective improvements to SLCC's facilities. This proposal represents an exciting opportunity to expand the venerable relationship between SLCC and FPLS. FPLS will provide all of the project development and management expertise to ensure that the project is built on time and on budget. FPLS will also educate and train the jail personnel in the proper operation of the improvements so that the new Energy Conservation Measures (ECMS) perform as expected. These improvements will prove to be a productive asset for the SLCC. Since its origin, FPLS has performed many similar projects without the issuing change orders which constitutes a hallmark of our succesS. This project for SLCC, as recommended by FPLS, will have a financed cost of $1,494,972 and will provide an average annual cost savings of $163,035 yielding a simple payback of 9.2 years. The economic summary of this project is based on the financial assumptions described in this report. WATER CONSERVATION SAVINGS CHART ENERGY CONSERVATION MEASURE COST ANNUAL SAVINGS PAYBACK YEARS WATER CONSERVATION $1,446,639 $163,035 8.9 TOTAL PROJECT COST $1,446,639 INTEREST DURING CONSTRUCTION Proprietary & Confidential J FPL Services, LLC ~« " ."'<::':' .' .' ":~}\~' <.,",'U[ ,. .-IS..!...J St. Lucie County Corrections Feasibility Study Services, LLC 1. Executive Summary Also, FPLS has been able to secure a 10 year extended warranty on all parts from ICON, the equipment manufacturer. The comprehensive experience of both SLCC and FPLS in developing and managing Energy Efficiency Contracts will ensure the successful implementation of this project. This should also expand to a long-term energy partnership. This experience will be priceless to our project team in ensuring the timely completion of the energy conservation measure. The SLCC's offer to support FPLS' implementation contractors with any required security escorts is a demonstration of the mutual commitment to the success of this project. FPLS recommends that St.Lucie County implement this Energy Conservation Measure to guarantee that the SLCC facility continues to operate with the most up-to-date energy efficient systems. FPL Services commends the SLCC on their commitment to energy conservation and the environment. The remainder of this document outlines in detail how FPLS can assist in meeting that commitment. Proprietary & Confidential 2 FPL Services, LLC MASTER AGREEMENT FOR DEMAND SIDE MANAGEMENT AND ENERGY EFFICIENCY SERVICES (STATE GOVERNMENTAL ENTITIES) THIS MASTER AGREEMENT is made and entered into as of March 13, 2007 (the "Effective Date"), by and between FPL Services, LLC, a Florida limited liability company, license No. QB25878, and the Board of County Commissioners, St. Lucie County, FL a political subdivision of the State of Florida, with reference to the following: RECIT ALS A. The Company is licensed under Chapters 471, 481 and 489, Florida Statues, and is in the business of providing demand side management energy efficiency Services for its customers pursuant to a Company initiated Program; B. The Customer has agreed to participate in the Program by considering the furnishing and upgrading of its facilities with energy efficient equipment and systems in order to achieve potential water and energy savings; and C. Pursuant to this Master Agreement, the Parties wish to set forth their understanding concerning certain Services which may be provided by the Company to the Customer under the Program. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: ARTICLE 1 - DEFINITIONS 1.1 Authorization Form means a form prepared by the Company for the purpose of identifying the Customer's options for proceeding with the evaluation, design or installation of specific ECO's identified at one or more Service Locations. An Authorization Form shall accompany each of the following types of documents prepared by the Company under this Master Agreement: Feasibility Study Proposals and Feasibility Reports. 1.2 Change means a request by the Customer that changes the Services, which may consist of modifications or additions to, or deletions from, any Services to be performed or materials to be provided by the Company arising under this Master Agreement. 1.3 and assigns. Company means FPL Services, LLC, a Florida limited liability company, including its successors 1.4 Confidential Information shall mean all information marked as "confidential" or "proprietary" by an appropriate stamp, label, legend or other written notice thereon if transmitted electronically or other written form, and if disclosed orally by either the Company, then the Company shall confirm the oral or visual disclosure that shall be considered Confidential Information in a written memorandum or e-mail transmittal to the Customer within thirty (30) days after such visual or oral disclosure and whether prepared by the Company or otherwise which is disclosed to the Customer or the Customer's agents in connection with this Master Agreement and including all reports, analyses, notes or other information that are based on, contain or reflect any such Confidential Information; however, Confidential Information shall not include the following: (a) information which is or becomes publicly available other than as a result of a violation of this Master Agreement; (b) information which is or becomes available on a non-confidential basis from a source which is not known to the Customer (after due inquiry) to be prohibited from disclosing such information pursuant to a legal, contractual or fiduciary obligation to the Company; or (c) information which the Customer can demonstrate was legally in its possession prior to disclosure by the _....,_,,__..______..____.._,..____,__,..________Page 1 of 18____.._......_ _______Rev, 03/06/07 Company. The Company acknowledges that all undertakings by the Customer not to disclose Confidential Information are subject to the provisions of Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended. 1.5 Customer means the person designated in the first paragraph of this Master Agreement as the recipient of Services under the Program in accordance with the terms of this Master Agreement. 1.6 Delayed Payment Rate means a rate of interest equal to one-and-one-half percent (11;2%) per month, which applies to unpaid Feasibility Study Price, Implementation Price and other amounts which the Customer may become obligated to pay to the Company under the terms of this Master Agreement. 1.7 Dispute means any dispute or disagreement that may arise between the Parties with respect to the interpretation of any provision of this Master Agreement, the performance of either Party under this Master Agreement, or any other matter that is in dispute between the Parties related to this Master Agreement. 1.8 Location. ECO means an energy conservation opportunity identified by the Company at a specified Service 1.9 Feasibility Study means the Services performed by the Company, including the preparation of a Feasibility Report, for the purpose of assisting the Customer in determining whether to proceed with Implementation Services for the installation and construction of particular ECO's at specified Service Locations. 1.10 Feasibility Studv Price means the compensation to be paid by the Customer to the Company for conducting a Feasibility Study and issuing a Feasibility Report. 1.11 Feasibility Study Proposal means a written proposal within a Feasibility Study Authorization Form as described in Article 3, prepared by the Company in consultation with the Customer specifying the particular Services to be performed by the Company in conducting a Feasibility Study and preparing a Feasibility Report with respect to ECO's identified at specified Service Locations. 1.12 Feasibility Report means the written report which is issued by the Company to the Customer to summanze the Company's findings based upon a Feasibility Study of particular ECO's at specified Service Locations, 1.13 Final Acceptance Date means the date on which any Punch List items for an ECO(s) is determined by the Company and Customer as completed and stated as the effective date in the Notice of Final Acceptance. 1.14 Force Maieure Event means an event, including but not limited to, acts of God, fire, flood, windstorm, war, terrorism, sabotage, revolution, acts of any government or governmental agency, strikes or other labor difficulty, insurrection, riot, strikes, telecommunications failures, that neither the Company nor the Customer shall be considered to be in default in the performance of its obligations arising under this Master Agreement, except obligations to make payments with respect to amounts already accrued, to the extent that performance of any such obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of, and not a result of the fault or negligence of, the affected Party. 1.15 Subcontractor means a third-party subcontractor who is retained by the Company to perform installation or construction work at the Customer's Service Location(s) pursuant to a Customer-authorized Implementation Services Authorization Form (as set forth in Section 4.1). 1.16 Implementation Price means the compensation to be paid by the Customer to the Company for performing Implementation Services with respect to particular ECO's at specified Service Locations. 1.17 Implementation Services means the Services provided or proposed to be provided by the Company to construct, install or otherwise implement one or more ECO's at specified Service Locations in accordance with the terms of a Feasibility Report, which Services shall include, but not be limited to, (a) causing the procurement, construction and installation of all materials, equipment and systems required to implement each ECG at a particular ----------~------ Page 2 of 18 Rev.03/06/07 I Service Location, (b) providing and paying for all labor and support services necessary to perform such work, (c) supplying to the Customer copies of any operation and maintenance manuals available from the manufacturers, vendors and suppliers of equipment or systems comprising a part of any installed ECG, (d) providing on-site training for a reasonable number of the Customer's designated operating personnel, if such training is reasonably required or necessary for the proper operation and maintenance of any complex equipment or system comprising a part of any installed ECG, and (e) arranging for the final inspection and check-out of each installed ECG. 1.18 Master Agreement means this Master Agreement for Demand Side Management and Energy Efficiency Services, including any and all schedules and exhibits attached thereto, as may be amended from time to time. The terms, conditions, representations, warranties and other provisions of this Master Agreement shall apply by reference to each and every Feasibility Study Proposal, Feasibility Report, and any other written proposal, document, notice or Authorization Form issued under the terms of this Master Agreement, as if such provisions were set forth expressly therein. 1.19 Minor Deficiencies means, with respect to a particular ECG which has been determined by the Company to be Substantially Complete, any construction, installation or other Implementation Services identified in a Punch List which do not materially affect the ability of the ECG to properly operate and function in accordance with its intended purpose pursuant to this Master Agreement and the terms and specifications contained in a Customer-executed Implementation Services Authorization Form. 1.20 Notice of Substantial Completion means a written notice issued by the Company to notify the Customer of the substantial completion of the installation of an ECG. 1.21 Party or Parties means the Company and Customer identified in the opening paragraph of this Master Agreement. 1.22 Pavback Criteria means, with respect to an ECG, the number of years obtained by dividing (i) the total estimated implementation cost of the ECG (including the costs incurred by the Company under this Master Agreement, but excluding all financing costs associated with implementation of the ECG), by (ii) the estimated savings to the Customer from the installed ECO, including energy savings, maintenance savings, avoided capital costs, and other avoided costs as applicable. All such estimates shall be made by the Company, in its sole professional judgment, and shall be binding upon the Customer for purposes of this Master Agreement. 1.23 Person means any individual or entity of any type, including, but not limited to, corporations, partnerships, business trusts, associations, governmental agencies, political subdivisions, state, district, college, university, board or other organization. 1.24 Program means the demand side management Services provided by the Company for its customers pursuant to a Company-initiated program known as the Energy Efficiency Services Program. 1.25 Punch List means, with respect to a particular ECO, a list of Minor Deficiencies provided by the Customer to the Company prior to the Customer's receipt and execution of a Notice of Substantial Completion. 1.26 Service Location means a facility legally owned or operated by the Customer at which the Customer desires the Company to perform Services. 1.27 Services means the energy efficiency services provided by the Company to the Customer under the Program and pursuant to the terms of this Master Agreement, including, but not limited to, the preparation of Feasibility Proposals, Feasibility Studies and Implementation Services. 1.28 Substantial Completion or Substantiallv Complete means, with respect to a particular ECO, that level of construction and implementation which renders the ECO operational, regardless of whether the ECO has one or more Minor Deficiencies, as determined within the reasonable exercise of the Company's professional judgment. __________---------Page 3 of 18 R O~ '06' '0'" I . ev. _'>/. / I 1.29 Substantial Completion Date means the date or milestone set forth in a Feasibility Report that is determined by the Company to be Substantially Complete. 1.30 Vendor means any vendor, manufacturer, or other representative of an ECO vendor, manufacturer, or distributor utilized by the Company in providing Services in accordance with this Master Agreement. ARTICLE 2 _ SCOPE OF MASTER AGREEMENT AND TERM 2.1 Scope. Subject to the terms and conditions of this Master Agreement, the Company agrees to furnish to the Customer, and the Customer agrees to purchase and receive from the Company, certain Services at the Customer's specified Service Locations. The Parties shall agree upon the Services that the Company will furnish to the Customer with respect to each Service Location and with respect to ECO' s identified at particular Service Location prior to the Company commencing work at any designated Service Location as set forth in an Authorization Form which accompanies one or more Feasibility Study Proposals and Feasibility Reports, as set forth in Articles 3 and 4 of this Master Agreement. Each of the various proposals, documents and forms referenced in this Master Agreement shall adopt and incorporate the terms and conditions of this Master Agreement as if such terms and conditions were expressly set forth within such proposals, documents and forms. Unless expressly stated in a Change Order in accordance with Article 14 below, where the terms and conditions of any schedules or exhibits thereto are inconsistent with the terms and conditions of this Master Agreement, the terms of this Master Agreement shall govern the terms and conditions of the Service. In the event the terms and conditions of Change Orders conflict, the most recently executed Change Order shall govern the terms and conditions of the Service. 2.2 Term. This Master Agreement shall commence upon the Effective Date and shall continue in effect for a period of five (5) years with automatic twelve (12) month annual renewals until written notice of termination by either Party in accordance with the provisions of Article 15 herein; provided that upon such written notice of termination, portions of this Master Agreement shall remain in effect as set forth in Articles 7 and 15. ARTICLE 3- FEASIBILITY STUDY AND REPORT 3.1 Preparation of Feasibilitv Study Authorization Form by Company. The Company may prepare and deliver to the Customer a Feasibility Study Authorization Form, which identifies any potential ECO's that the Company believes, in its sole professional judgment, may provide appropriate justification to proceed with the preparation of a Feasibility Study. Each Feasibility Study Proposal shall include a designation of the Services to be provided, the technologies to be included in the proposed Feasibility Study and the Feasibility Study Price. A sample copy of a Feasibility Study Authorization Form is attached to this Master Agreement as Schedule A. 3.2 Authorization to Proceed with Feasibility Study. Unless otherwise mutually agreed to by the Parties in writing, a Feasibility Study Authorization Form must be executed by the Customer and delivered to the Company within sixty (60) days after the Customer's receipt of the Feasibility Study Authorization Form to authorize the Company to proceed with the Feasibility Study. Upon the Company's timely receipt of a properly completed Feasibility Study Authorization Form wherein the Customer requests a Feasibility Study for any or all of the ECO's identified in the Feasibility Study Authorization Form, then the Company shall prepare and submit a Feasibility Study to the Customer. Ifthe Customer elects to not authorize a Feasibility Study, or ifthe Customer fails to deliver to the Company an executed Feasibility Study Authorization Form within the sixty (60) day period provided by this Section 3.2, the Company shall have no duty or obligation to conduct a Feasibility Study with respect to any of the ECO's at the Service Locations identified in the Feasibility Study Authorization Form. 3.3 Feasibility Report. Pursuant to a Customer-authorized Feasibility Study performed by the Company in accordance with a Feasibility Study Authorization Form, the Company shall recommend ECO's for implementation at any Service Locations surveyed based on a life-cycle cost analysis and estimated energy savings for each ECO. The Company shall prepare and submit to the Customer a Feasibility Report specifying each recommended ECO and providing for each an estimate of (a) the expected implementation cost, (b) the anticipated life-cycle cost savings, and (c) the estimated timing for implementation, all of which shall be estimates only, based on the Company's reasonable assumptions. In the case of each ECO examined in a Feasibility Report, the Company _--------------------------,-----Page 4 of 18___________ Rev.OY06!07 shall provide sufficient information to determine whether the Customer's Payback Criteria are expected to be met based on the Company's estimates. 3.4 Authorization to Proceed with Feasibilitv Report. Each Feasibility Report will include an Implementation Services Authorization Form, as defined below in Section 4.1, which must be executed by the Customer and delivered to the Company within sixty (60) days after the Customer's receipt of the Feasibility Report to authorize the Company to proceed with the preparation of an implementation of the Feasibility Report in accordance with Article 4. If the Customer timely delivers to the Company an executed Implementation Services Authorization Form, the Company will proceed with preparing any implementation of the Feasibility Report authorized by the Customer on the Implementation Services Authorization Form; provided, however, that if the Customer elects to proceed with less than fifty percent (50%) of the recommended ECO's (as determined on an estimated implementation cost basis) identified in a Feasibility Report, the Company shall have the ability to refuse to proceed with preparation and implementation identified in a Feasibility Report for any ECO's that the Customer elects to proceed. Each Implementation Services Authorization Form accompanying and referencing a Feasibility Report will include an option allowing the Customer to defer payment of the Feasibility Study Price in accordance with Section 3.5.3 if the Customer elects to proceed with additional Implementation Services. 3.5 Feasibility Study Price and Payment Terms. 3.5.1 Feasibility Study Price. Except as otherwise provided in Section 3.5.3, the Customer shall pay to the Company the Feasibility Study Price which is included in a Customer-executed Feasibility Study Authorization Form for all Services performed by the Company in conducting a Customer-authorized Feasibility Study and issuing a Feasibility Report. The Feasibility Study Price is the full compensation for the Services performed by the Company in conducting a Company-authorized Feasibility Study and rendering a Feasibility Report and includes all federal, state and local taxes, if any, assessed with respect to the Services or with respect to the furnishing of any items under the Feasibility Study. 3.5.2 Payment Upon Failure to Authorize Additional Services, If the Customer elects to not proceed with Implementation Services or fails to deliver to the Company a completed and executed Implementation Services Authorization Form within sixty (60) days of the Customer's receipt of a Feasibility Report, the Company shall have no duty or obligation to proceed with any Implementation Services with respect to the ECO's identified in the Feasibility Report, and the Company shall provide an invoice to the Customer for the full Feasibility Study Price determined in accordance with Section 3.5.1 and included in the Feasibility Study Authorization Form. The Customer shall pay the total amount of the invoice in full within sixty (60) days following the Customer's receipt of the invoice. 3.5.3 Deferral Election. In the event the Customer elects to proceed with Implementation Services for one or more ECO's pursuant to Section 3.4, the Customer shall elect on the Implementation Services Authorization Form accompanying and referencing a Feasibility Report to either (a) receive an invoice for the full amount of the Feasibility Study Price, or (b) defer and roll-over payment of the Feasibility Study Price until such time as compensation is payable to the Company pursuant to Article 4 for Implementation Services. If the Customer elects to receive an invoice pursuant to clause (a) of this Section 3.5.3, or if the Customer fails to make a timely election pursuant to the foregoing, the Company shall issue an invoice for the full amount of the Feasibility Study Price, and the Customer shall pay such amount within thirty (30) days following receipt of the invoice. 3.5.4 Late Payments. Any overdue payment under Article 3 shall bear interest at the Delayed Payment Rate from the date such payment is due until and including the date of payment. 3.5.5 Release from Obligation to Pay Feasibility Study Price. Notwithstanding any provision in Section 3,5.1 to the contrary, the Customer shall have no obligation hereunder to pay the Company for a Feasibility Study or Feasibility Report performed by the Company if (a) the Feasibility Report submitted by the Company does not identify at least one potential ECO at a Customer Service Location specified in the Customer-executed Feasibility Study Authorization Form which meets the agreed upon Payback Criteria as set forth in the Feasibility Study Authorization Form, or (b) the Customer does not elect to proceed further with any recommended ECO as set forth in Section 3.4. -.-.--------------------------- Page 5 of18_ Rev. 03/06/07 I 3.5.6 Notice of Termination of Feasibilitv Studv by the Company. In the event the Company determines, prior to subllÚssion of the Feasibility Report to the Customer, that the Company will not be able to identify at least one potential ECG that meets the agreed upon Payback Criteria as set forth in the Feasibility Study Authorization Form, then the Company, in its sole discretion, may elect by written notice to the Customer to terllÚnate its duties and obligations to complete and deliver the Feasibility Report, unless the Customer, within five (5) days following receipt of such notice, elects in writing to waive the provisions of Section 3.5.5 and to pay to the Company the Feasibility Study Price as otherwise set forth in Section 3.5.1. ARTICLE 4 _INSTALLATION AND IMPLEMENTATION 4.1 Authorization to Proceed with Implementation Services. Each Feasibility Report will be referenced and incorporated into an Implementation Services Authorization Form which must be executed by the Customer and delivered to the Company within sixty (60) days after the Customer's receipt of the Feasibility Report to authorize the Company to proceed with the Implementation Services identified in the Feasibility Report. A sample copy of an Implementation Services Authorization Form is attached to this Master Agreement as Schedule ª. If the Customer timely delivers to the Company an executed Implementation Services Authorization Form, the Company will proceed with conducting the Implementation Services specified in the Feasibility Report. If the Customer elects to not authorize the Implementation Services or if the Customer fails to deliver to the Company an executed Implementation Services Authorization Form within the sixty (60) day period provided by this Section 4.1, the Company shall have no duty or obligation to perform any Implementation Services with respect to any of the ECG's at the Service Locations identified in the Feasibility Report, and the Customer shall pay the Company for the Feasibility Study prepared for such ECG. 4.2 Substantial Completion and Final Acceptance. 4.2.1 Inspections and Notice of Substantial Completion. During the performance of Implementation Services under this Article 4, the Customer shall have the right to conduct reasonable inspections of the work of the Company or any Subcontractor at any time upon reasonable prior notice. Upon Substantial Completion of construction and installation of each ECG in accordance with a Customer-authorized Feasibility Report, the Company shall deliver a Notice of Substantial Completion to the Customer. A sample copy of a Notice of Substantial Completion is attached to this Master Agreement as Schedule C. The Customer shall have delivered a list of any Punch List items and any potential material defect or deficiency prior to the Customer executing a Notice of Substantial Completion. 4.2.2 Correction of Material Defects or Deficiencies. Prior to receiving a Notice of Substantial Completion, the Customer agrees it has identified and delivered written notification to the Company any and all potential material defect or deficiency in an ECG. If the Customer determines that a material defect or deficiency exists, then the Company shall cause any necessary corrections to be made to remedy the material defect or deficiency. If for any reason the Customer fails to deliver written notification to the Company of a material deficiency or defect in an ECG following the Customer's receipt of a Notice of Substantial Completion, the Customer shall thereby be deemed to have irrevocably acknowledged and agreed that (a) each ECG meets the requirements of the Master Agreement and the Customer-executed Implementation Services Authorization Form, and (b) each such ECG is complete and ready for operation. The Customer's sole recourse and exclusive remedy for the Company's failure to complete any Minor Deficiencies identified in the Punch List items in accordance with this Master Agreement is to seek its sole and exclusive remedy in accordance with Article 5, Warranty. 4.2.3 Correction of Punch List Items. Prior to receiving a Notice of Substantial Completion, the Customer agreed it has identified and delivered to the Company a Punch List which lists one or more Minor Deficiencies in an ECG. Following such identification and receipt of a Punch List, the Company shall work diligently to complete or correct such items and work listed in the Punch List within a reasonable time period. Upon completion of any Punch List items, the Company shall deliver a written notification of punch List completion to the Customer. 4.2.4 Payment Unconditional Upon Substantial Completion. The Customer acknowledges that, notwithstanding the existence of any Minor Deficiencies, regardless of their inclusion in a punch List, the Customer _______________________----]age 6 of 18__ ___JS,~..:_º3/06/07. unconditionally agrees to make payment to the Company for the ECO' s listed in a Notice of Substantial Completion once the ECO's are, or are deemed to be, Substantially Complete in accordance with the applicable Implementation Services Authorization Form. The Customer acknowledges that, upon the Substantial Completion Date of an ECO, the Customer's payment obligation set forth in the Feasibility Report for the ECO (notwithstanding the existence of Minor Deficiencies or the failure of the Company to properly complete or correct such Minor Deficiencies), is absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including, without limitation, any set-off, abatement, counterclaim, suspension, recoupment, reduction, rescission, defense or other right. The Customer's sole recourse and exclusive remedy for the Company's failure to complete any Minor Deficiencies identified in the Punch List items in accordance with this Master Agreement is to seek its sole and exclusive remedy in accordance with Article 5, Warranty. 4.2.5 Notice of Final Acceptance. Upon (i) the Customer's execution of the Notice of Substantial Completion, and in accordance with the process set forth in Section 4.3.2 to correct any material defects or deficiencies identified by the Customer, and (ii) the Company's completion of Minor Deficiencies identified in Punch List as set forth in Sections 4.2.3 and 4.2.4, the Company shall deliver a Notice of Final Acceptance to the Customer to execute. A sample of a Notice of Final Acceptance is attached to this Master Agreement as Schedule Q.. The Customer acknowledges that the Customer unconditionally agrees to make final payment to the Company for the ECQ's listed as of the Final Acceptance Date, or are deemed to be, complete in accordance with this Master Agreement. The Customer acknowledges that, upon the Final Acceptance Date of an ECO, the Customer's payment obligation of the remaining ten percent (10%) of the Implementation Price set forth in the Feasibility Report for the ECO, is absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including, without limitation, any set-off, abatement, counterclaim, suspension, recoupment, reduction, rescission, defense or other right. The Customer's exclusive recourse for any claim regarding the Implementation Services following the Final Acceptance Date is to seek its sole and exclusive remedy in accordance with Article 5, Warranty. 4.2.6 Reliance. The provisions of Article 4 may be relied on by the Company and by any assignee of the Company in connection with the furnishing of ECO financing to the Customer in accordance with the provisions of the Master Agreement. Any assignee of the Company shall be entitled to the rights, but not the obligations, of the Company under this Article 4. 4.2.7 ECO Responsibility. Unless otherwise mutually agreed to by the Parties, the Company assumes no responsibility for performance or maintenance of ECQ's, which are to be insured by the Customer. No Vendor is an agent of Company, and no Vendor or employee of any Vendor is authorized to waive, supplement or otherwise alter any terms, conditions, or agreement between the Company and the Customer. 4.2.8 Training. If applicable, and if set forth in a Customer-authorized implementation of a Feasibility Report pursuant to a Customer-authorized Implementation Services Authorization Form, the Company shall provide on-site training for a reasonable number of the Customer's operating personnel with respect to completed ECO's, and the Customer shall assist in such training, all as more fully specified in the Feasibility Report. Unless otherwise provided in the Feasibility Report, such training shall be conducted with respect to an ECO following the Substantial Completion Date ofthe ECO. 4.3 Implementation Price and Payment. 4.3.1 Implementation Price. The Customer shall pay to the Company the Implementation Price set forth in a Feasibility Report for all Implementation Services performed by the Company pursuant to a Customer authorized Implementation Services Authorization Form. The Implementation Price is the full compensation for such Implementation Services and includes all federal, state and local taxes, if any, including sales, use and excise taxes, assessed with respect to the Implementation Services or with respect to the furnishing of equipment and materials thereunder. 4.3.2 Implementation Price Payment. Within thirty (30) days following the Substantial Completion Date or as otherwise set forth in the drew schedule attached to the Implementation Authorization Form, the Company shall provide an invoice to the Customer for all or any portion of the Implementation Price, in accordance with Section 4.2.5, together with any unpaid Feasibility Study Price for such ECO(s), and the Customer ___-------,----------Page 7 of 18__ Rev. 03/06/07, shall be obligated to pay the total of such amounts within thirty (30) days following receipt of the invoice. In the event the Master Agreement is tenninated by either Party prior to the Substantial Completion Date, all accrued and unpaid Feasibility Study Price and Implementation Price, including any unpaid interest accrued upon such amounts, shall be paid by the Customer to the Company within thirty (30) days following the Customer's receipt of an invoice therefore. 4.3.3 Late Payment. Any overdue payment under Section 4.4 shall bear interest at the Delayed Payment Rate from the date such payment is due until and including the date of payment. 4.4 Identification of Energv Savings. As applicable, the Company shall set forth appropriate systems and procedures for measuring and verifying the actual energy savings resulting from the Implementation Services of an ECO, which shall be set forth in an applicable Feasibility Report. 4.1.1 Energy Savings Guarantee. As set forth in and in accordance with the applicable Implementation Services Authorization Form, the Company has formulated and, subject to the adjustments provided for in Section 4.1.2, has guaranteed the annual level of energy and operations savings to be achieved as a result of the installation and operation of the ECO and provision of Services provided for in this Master Agreement. 4.1.2 Annual Review and Reimbursement/Reconciliation. The Company shall provide to the Customer an annual reconciliation of the guaranteed energy cost savings. If at the end of any calendar year during the guarantee period as specified in the applicable Implementation Services Authorization Form, the ECO has failed to achieve the specified annual energy savings guarantee, and, upon written request by the Customer, which shall be given no earlier than the end of such year and no later than forty-five (45) days thereafter, the Company will pay the Customer the difference between the annual amount guaranteed and the amount of actual energy and operations savings achieved at the Location in accordance with the provisions of the applicable Implementation Services Authorization Form. The Company shall remit such payments to the Customer within forty-seven (47) days of written notice by the County of such monies due. When the total energy savings in anyone calendar year during the guarantee period exceed the energy savings guarantee as set forth in Implementation Services Authorization Form, and are in addition to those monies due the Company for compensation for Services rendered as set forth in Implementation Services Authorization Form, such excess savings shall first be applied to reimburse the Company for any payment the Company made to Customer to meet the applicable ECO' guarantee for previous years in which the energy savings fell short of the applicable ECO' Energy Savings Guarantee under the terms as set forth in the applicable Implementation Services Authorization Form. Any excess savings not needed to reimburse the Company for prior year shortfalls shall be allocated to the Customer. 4.5 Bonds. On or before the Company commences Implementations Services at an ECO, the Company shall provide the Customer a one hundred percent (100%) performance bond and a labor and materials payment bond pursuant to Section 255.05, Florida Statutes, in an aggregate amount of not less than the Implementation Price. ARTICLE 5 - WARRANTY 5.1 General Warranty. The Company warrants to the Customer that the Services performed by the Company under this Master Agreement shall be performed with the degree of skill and care that is required by current good and sound professional procedures and practices, and in conformance with generally accepted industry standards prevailing at the time the Services are performed. The Company further warrants that all equipment and materials provided and installed by the Company in connection with the implementation of any ECO hereunder shall be new, be free from significant defects in design, engineering, materials, construction and workmanship, as reasonably detennined by the Customer, and conform in all material respects with all requirements of applicable law, the final Design Documents applicable to such ECO and all descriptions set forth therein, applicable engineering and construction codes and standards, and all other requirements of this Master Agreement and of any applicable Customer-authorized Implementation Services Authorization Form. 5.2 Warranty Period. The warranty period for the warranties set forth in Section 5.1 shall extend, with respect to each installed ECO, for a period of one (1) year following the Substantial Completion Date for such ECO. -------- . _____Page 8 of 18___ Rev. 03/06/07 I 5.3 Remedies. The Customer shall promptly notify the Company in writing of the discovery during the applicable warranty period of any claim against the Company's warranties under Section 5.1, including any defects in the equipment or materials installed as part of an ECO. As the Customer's sole and exclusive remedy for any such claim against the Company's warranties, the Company shall, at its own cost and expense, as soon as reasonably possible following the Company's receipt of notice of any claim against any warranty or the Company's otherwise obtaining knowledge of any claim of warranty, cause the repair (or as Company determines appropriate the replacement, rework and/or retest) of defective equipment and construction workmanship and/or provide at the Company's expense any changes, modifications or additions to the work which the Company determines necessary due to a failure to perform any Services hereunder and furnish the equipment and materials in accordance with the standards set forth in Section 5.1. All costs incidental to the Company's rework and testing thereof shall be borne by the Company. The Company shall use reasonable efforts to perform such remedial actions and make any tests in a timely manner and at such times so as to minimize disruption of normal operations at the Customer's Service Location. 5.4 Vendor Warranties. Without limiting the Company's warranty set forth in Section 5.1, the Company, in procuring materials and equipment for an ECO, shall use reasonable efforts to obtain customary and standard Vendor warranties from the supplier or Subcontractor for the benefit of the Company and the Customer. The Customer shall be entitled to the benefit of any Vendor or Subcontractor warranties obtained which are better or of longer duration than those provided by the Company hereunder. If any such warranties are for a period longer than the Company's warranties, they shall be transferred to the Customer at the end of the Company's warranty period hereunder. 5.5 Company Principally Responsible. Notwithstanding Section 5.4, the Company shall have primary liability with respect to all Company warranties set forth in Section 5.1, including warranties with respect to materials and equipment, whether or not any event or defect is also covered by a Vendor or Subcontractor warranty, and the Customer need only look to the Company for corrective action pursuant to Section 5.3; provided that the Company shall receive the benefit of any Vendor or Subcontractor warranties. 5.6 Warranty Exclusions. The liabilities and obligations of the Company under this Article 5 do not extend to any repairs, adjustments, alterations, replacements or maintenance which were not prior approved in writing by the Company or may be required as a result of wear and tear in the operation or use of an ECO, or as a result of the Customer's failure to operate or maintain an ECO in accordance with the operating manuals or instructions supplied by the Company, or in accordance with the training provided by the Company to Customer's personnel. 5.7 NO IMPLIED WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE 5, THE COMPANY MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, CONCERNING THE SERVICES OR ANY ECO, AND THE COMPANY DISCLAIMS ANY WARRANTY IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF CUSTOM OR USAGE. UNLESS OTHERWISE EXPRESSLY STATED IN A FEASIBILITY REPORT ATIACHED TO AN IMPLEMENTATION AUTHORIZATION FORM OR AS REQUIRED UNDER CHAPTER 489, FLORIDA STATUES, THE COMPANY MAKES NO WARRANTIES OR GUARANTEES OF ANY NATURE WHATSOEVER CONCERNING THE ACTUAL REDUCTION IN THE CUSTOMER'S ENERGY USAGE AS A RESULT OF THE INSTALLATION AND OPERATION OF ANY ECO, AND THE CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY ESTIMATED SAVINGS, ESTIMATED LOAD REDUCTIONS OR OTHER SIMILAR PROJECTIONS SUPPLIED OR MADE BY THE COMPANY SHALL BE FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE COMPANY OF THE ACTUAL SAVINGS OR LOAD REDUCTION, IF ANY, WHICH MAY BE EXPERIENCED BY THE CUSTOMER. ARTICLE 6 - LIMITATION OF LIABILITY 6.1 No Operating or Maintenance Responsibility. Except as otherwise specifically provided in Article 5, the Company shall have no responsibility or liability with respect to any ECO after the Substantial Completion Date thereof, and the Customer shall be solely responsible for the operation, maintenance and utilization of each Page 9 of 18 Rev. 03/06/07 I ECO after such date. Without limiting the generality of the foregoing, no payment obligation of the Customer arising under this Master Agreement shall be affected by the actual performance of any ECO following the Substantial Completion Date. 6.2 Consequential Damages. Neither Party shall be liable to the other Party for special, indirect, consequential or punitive damages, even if the Party has been advised that such damages are possible. No Party shall be liable for lost profits, lost revenue, or lost institutional operating savings. 6.3 Intent. Except for each Party's indenmification obligations under this Agreement, each Party's total aggregate liability under this Master Agreement shall not exceed the total cost of the Services rendered and paid for by the Customer giving rise to the Dispute. The guaranteed savings that are set forth in an applicable Implementation Services Authorizations Form do not constitute a debt, liability, or obligation of the Customer. Except in cases of willful misconduct, the Parties intend that the waivers and disclaimers of liability, releases from liability, limitations and apportionments of liability, and exclusive remedy provisions expressed throughout this Master Agreement shall apply even in the event of the fault, negligence (in whole or in part), strict liability or breach of contract of the person released or whose liability is waived, disclaimed, limited, apportioned or fixed by such remedy provision, and shall extend to such person's affiliates and to its and their partners, shareholders, directors, officers, employees, contractors and agents. The Parties also intend and agree that such provisions shall continue in full force and effect notwithstanding the termination, suspension, cancellation or rescission of this Master Agreement. No officer, director, employee, agent or other individual representative of either Party shall be personally responsible for any liability arising under this Master Agreement. 6.4 Remedies. Where remedies are expressly afforded by this Master Agreement with respect to the Services provided by the Company, such remedies are intended by the Parties to be the sole and exclusive remedies of the Customer for liabilities of the Company arising out of or in connection with the Services or this Master Agreement, notwithstanding any remedy otherwise available at law or in equity. ARTICLE 7 - ACCESS AND INFORMATION 7.1 Customer Cooperation. The Customer shall use reasonable efforts to assist the Company in performing the Services contemplated by this Master Agreement, including providing reasonable access to the Customer's Service Location(s), providing information concerning the Service Location(s), making appropriate Customer personnel available if requested by the Company to assist the Company in performing such Services, and taking any other actions the Company may reasonably request from time to time to achieve the purposes and intent of this Master Agreement. 7.2 Access to Service Locations. Upon the request of the Company, the Customer shall provide the Company and its Subcontractors with reasonable access to the Service Location(s) to enable the Company to perform all Services hereunder and to verify and confirm the operation of any installed ECO following the Substantial Completion Date. The Company also shall have access to the Service Location(s) during the warranty period specified in Article 5 for purposes of performing its obligations thereunder. The Customer shall provide the Company with adequate storage and laydown areas at the Service Location(s), as applicable, during the installation of ECOs and shall make available any construction power and other utilities required by the Company and its Subcontractors to perform the Services. The Company and its Subcontractors shall observe all of the Customer's safety and security procedures at the Service Location(s), to the extent made known to the Company, and shall not unreasonably disturb or interrupt the Customer's operations at such location(s). 7.3 Requests for Information. The Customer shall promptly comply with all reasonable requests by the Company for information concerning the Service Location(s), as required by the Company to perform the Services, and information to enable the Company to determine the actual energy savings and load reduction achieved at the Service Location(s) as a result of ECG implementation. The Customer also shall provide the Company with any information and other assistance reasonably required to verify to the Florida Public Service Commission the demand and energy savings achieved and the related costs thereof. The Customer agrees that the Company may disclose such information obtained by the Company or provided by the Customer pursuant to this -~----~-- Page 10 of 18 R 0,' '06' '0'" I .ev. Y. ! I Master Agreement or any supplemental Master Agreement to the Florida Public Service Commission and to any other public authority having jurisdiction. 7.4 Nondisclosure and Use of Confidential Information. Confidential Information shall not be used for any purpose other than to analyze, implement or complete the Program. Confidential Information shall be held in strict confidence by the Customer and its agents and shall not be disclosed without prior written consent of the Company, except to the Customer's employees with a need to know the Confidential Information for the purpose of performing work related to the Program. The Customer shall require all of its agents receiving the Confidential Information to be bound by the terms of Sections 7.1 through 7.7 of this Master Agreement. The Customer shall be responsible for any breach of this Master Agreement by Customer or its agents. 7.5 Required Disclosure. In the event that the Customer is requested or required by legal or regulatory authority to disclose any Confidential Information or as otherwise required pursuant to the provisions of the Florida Public Records Act, Chapter 119, Florida Statutes, the Customer shall promptly notify the Company of such request or requirement prior to disclosure so that the Company may seek an appropriate protective order and/or waive compliance with the terms of this Master Agreement. In the event that a protective order or other remedy is not obtained, or the Company waives compliance with the provisions hereof, the Customer agrees to furnish only that portion of the Confidential Information that it reasonably determines, in consultation with its counsel, is consistent with the scope of the subpoena or demand, and to exercise reasonable efforts to obtain assurance that confidential treatment will be accorded such Confidential Information. Notwithstanding anything to the contrary, the Parties and their agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of the Program and all materials of any kind (including opinions or other tax analyses) that are provided to either Party relating to the tax treatment and tax structure of the Program. 7.6 Disclosure to Third Partv Lender. The Customer hereby acknowledges and agrees that the Company may disclose financial information that has been provided by the Customer to the Company for the purpose of assisting the Customer in obtaining financing for Implementation Services that would be provided under this Master Agreement. 7.7 Survival. Notwithstanding anything to the contrary, the obligations of the Parties under Sections 7.1 through 7.7 shall survive the termination of this Master Agreement. ARTICLE 8 - DOCUMENTS AND DATA 8.1 Ownership Rights. Any Feasibility Study, Feasibility Report or other report or document furnished or to be furnished by the Company pursuant to this Master Agreement constitute Confidential Information and shall remain the sole and exclusive property of the Company and may only be used by the Customer through the grant of a limited license for the operation, maintenance, repair or alteration of any ECO installed by the Company. The Customer shall not acquire any rights or interest with respect to the Company's or its Subcontractors' proprietary technology, know-how, processes or computer software or any other intellectual property that may be used in connection with the Services or the supply of equipment and materials hereunder. The Customer acknowledges that the Company provides Services to other companies and agrees that nothing in this Master Agreement will be deemed or construed to prevent the Company from carrying on such business. In particular, the Customer agrees that, notwithstanding anything to the contrary set forth herein, as part of the Company's provision of the Services hereunder, the Company may utilize software, methodologies, tools, specifications, models, samples and documentation, the Company's Confidential Information, as well as copyrights, trademarks, service marks, ideas, concepts, know-how, techniques, knowledge or data, which have been originated, developed or purchased by the Company or by third parties under agreements to provide services for such third parties. 8.2 No Use of Documents After Termination. If any Feasibility Study, Feasibility Report or other document prepared by the Company under this Master Agreement is terminated, in whole or in part, by the Customer prior to completion of the installation of any ECO, or the Customer chooses not to proceed with the implementation of an ECO as set forth herein, then the Customer shall not be entitled to use any such document for any purpose whatsoever, and the Customer shall, to the fullest extent permitted by law, be obligated to inderrmify, _____________________________________,______Page 11 of 18 .~--- Rev. 03/06[07 defend and hold harmless the Company and its Subcontractors with respect to all claims, actions, liabilities and costs (including attorneys' fees and costs of litigation) arising out of any unauthorized use by the Customer. ARTICLE 9 - INSURANCE 9.1 Insurance to Be Maintained by the Company. At any time that the Company is performing Services under this Master Agreement at any Customer Service Location, the Company shall keep and maintain, with insurers the minimum coverages and limits necessary to fulfill its obligations under this Master Agreement. The Company shall have the right at anytime to self-insure any obligations in connection with its performance of the Services. Upon request by the Customer, the Company shall provide proof of such adequate or self-insurance. 9.2 Customer Insurance. The Customer shall maintain all insurance requirements required bv law. "£hich sb~aJUlKh!.de ';:.vithout ]jl!1ÍtatiQn. \vorkers' compensation. insurance for statutory J:.ç,guirement inlposed bv ~YQlligr5.'., CO.lJlJlçn5.mÜmJll.ws..JlJ!.d comprehensive gençral and automoqile liabilitv insurance. In lieu ofthe insurance gwe.Lªgç,,Jeffil.iJ:<;.çL]lLI.b!s,, Seçtioll..2.2. tllç Customer m<.ty self-insure in a program that complies fully with all ª-1Wicilhle laws~md~g,ul~ltìons or may use a combination of self-insurance and purchased insurance to obtain the cove.@g rcgillred in this Section 9.2. The Customer sh<.111 provide proof of such adeguate cover<!Qes to self-insure i.1S obligillions unª-çLIl.Üs ~lªi.tçr Agreement. If during tbe term of this tylaster Agreement. the Customer ceases JO be ielf-insured. then for the duration of the term of thisrvlaster Agreement and until all amotmÜUln.Yll.Þlç"J<:U:Dg Company nursuant to _this Master. Agreement ar9 paid in full. the Customer sha)l maintain. as of the date of imm¡JJation of gach F,Ç~O. 0) comprehensive property insurance. includÜH!: all risk physical ,damage insurance. on 9ll.,ÇJ) fCO \vithITm'lç_ement cost coverage: and (Ü) comprehensiv:e liability insurance for bogiJv ini1!!:y"-ºgath~-ªnQ J2IQpertv dama~e in the al)10unt of $1.000,000 with coverage in excess of the $100.000 or $?OO.OOO vv:illver _Q.f ?,ovÇ1:.çign imwunitv PIOviged for in Section 768.28(5), Florida Statutes. and the indemnity obligation of C'ustç¡me.l shall extend up to but shall not exceed the higher limits of such insurance. The Companv and its assignees shall be named as additional insureds and as loss pavees. as their interests appear under this Master A\!reement. and each olic ' shall be endorsed to be rimarv to an ¡ insurance maintained bv the Com anv. The Customer sha1l rovide the Company and its assignees with insurance certificates which provide evidence of the insurance covera\!e under this Master Agreement in form and substance reasonablv satisfactor to the Com anv and its assi Jnees. Such çgrtjfíq\1<;.~_;¡Jl'll1.J2LQyi~,- at least twentv (2Q) days prior written notice of cancellation or material ch¡mge. with the ~xceptiºn_QLten j,l.Qì, days _fuLll9D,W.}IDent of premiums. to each additional insured and loss payee named thereinG±l:§tomeJ:-::is-5e1f_tn?ur~ª~jJ:&ffi~'iltpfov-tèe-insBfa-n~~--tþ:e-G~tW-unel1-ß*e€-ution-of !:h!§:::AgFee~lrb__I)HÜT1g-and-tÌlreugheut-tJ-1e--teffIt-eHh¡s-MasttH"-ÀgfeetB:eilh~I1ti1:-,aH-.....'tJ-HBunt'5--payable-to--tJw GøfHj3af1Y'i*1fSt1ant-te--th¡&-Mast-êr.-A-gfeem€+lt-aR~.pai4-in-full-;--the--GHstemeJ-shaJ-I-maintaffi;---as-ef··the-4:1ate-Eff instaJ-krtiel1-ef.e-a-eJ1_EGÇ),-(-i-)-€ftrHpft.>-Ìl1.'f1:Si.v-e-t*øpeft-y-in&H-Faooe,i:f1€luding-aJ-kisk:-pJ+y5Ì€aI-{-l-amagtJ-i-ns-ufffi1€e,-t)H efH..'-Ìl--EGO-v.'ÍtÌl-repla€€-fRCnt co~;t coyerage-;-a-nd-+Ü) comprchens-iw liability inS\±rance for ÞOtlily-inj.u¡:.y,de-at.Jt;-and prüpeFt-y_daÐ:tage--ìn-f1:1e--afHftlllit-ef.-$-!-f)04;OOO ',yj th coverage in eX-€ecss-of the $1 on, 009~}f-$.2-0G,GOO waiver of Sí:we'fei!:,"H-'iffifffimitY-PfftVidi.4-'H-}F-itt-Se-etieH 7 68.2 8( 5), I~a_gtatures,alli-~nde-mn:#y-t}h¡'i"§ttieH-of-Gusten1eT sÌlall-e-:«elH:1-Up-t{+_hut_sha.J.J.-oot-e-Jœ,,-,ed-the-ltig-her-limtts-Bf-s:uclt--insufiH\€-C"-:---T..fK'-G:lli1pany-and-it5-as&Ìi:,"f1ee-s-shalJ-be f1ametl-as--adffifiHoo!:-ffiStu'€ds-Lffi(Hs-1Hss-payees, as theff-iHtere~;t~; appear milier this Master ,\greemeffi.;--at1tH-a€h pH¡it-y-shaJ-J_{H:.-""'e'n:dofSed-te--be--pri-mafy-t~Uffil:1ee---±llitÍflta ¡nod by-t.fie_Gefflpafly,.---:r.he-Gustomt.'f-&Ìlall-pr+}'Iride the-C~~J:~)~ ~:~: ~ ~~si;~S 1~i~~~ ~l~~~~~: certifieales whic~ provide oYidenc,0 of the insurL~nce c~';erage under te1l1;; ¡:,:: ~~~:~:. 1~1 ~:n L IE ,'\:. t co reasonably satIsfactory to the Company a~~l ll~ ~~~~::e~. :~~ '::;=:::~ ~~ '= -;. ~: ~~ (;Ü; d,y' POD' w,;,,,. nori" of ,.."n.rio. ~ "~;~:'~: ~~::r.,' :'''; ili. e.' .. 1 ~.. t );s e m "t ent of premmms, to each ackhtlOnal msared and loss payee named tHerem. ARTICLE 10 - INDEMNIFICATION 10.1 Indemnity Obligations. The Parties shall hold each other, their officers, agents, and employees harmless against a11liability, claims, judgment or costs for injury to, or death of, any person or persons, for the loss or damage to any property, and for the imposition of any penalties, fines, or other assessments resulting solely and exclusively from that Party's officers, agents or employee's negligence. The Company sha11 not be responsible for damages from the Customer's negligence. The Customer sha11 not be responsible for damages resulting from the Company's negligence. To the fu11est extent permitted by law, the Parties shall hold harmless, indemnify and defend the each other against all liability, claims, judgments or costs for injury to, or death of any person or persons, -_....-_._~---~_._._-- Page 12 of 18 Rev. 03/06/07 I for the loss or damage to any property, and for the imposition of any penalties, fines or other assessments by any governmental agency arising out of the use, ownership of each and any Service Location, operation or performance of the terms of this Master Agreement, and resulting exclusively from any negligence by the other Party, or any of its employees, agents, contractors or representatives. 10.2 Emp10vee Claims. In any and all claims against a Party, its affiliates or contractors and their respective directors, partners, shareholders, officers, agents and employees (collectively, the "Indemnitee") by an employee of the other Party (the "Indemnitor") or of anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations stated in Section 10.1 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the indemnifying Party under any applicable worker's compensation law, disability law, or other employee benefit law. 10.3 Defense of Claims. An Indemnitor shall have the right to defend an Indemnitee by counsel (including insurance counsel) of Indemnitor's selection reasonably satisfactory to the Indemnitee, with respect to any claims within the indemnification obligations hereof. The Parties shall give each other prompt written notice of any asserted claims or actions indemnified against hereunder and shall cooperate with each other in the defense of any such claims or actions. No Indemnitee shall settle any such claims or actions without prior written consent of the Indemnitor. 10.4 Pavment. In the event that either Party is required to make an indemnity payment under this Article 10, such Party shall promptly pay the Indemnitee the amount so determined. The amount owing to the Indemnitee shall be the amount of such Indemnitee's actual out-of-pocket loss or expense, net of any insurance or other recovery paid to such Indemnitee. If there should be a dispute as to the amount or manner of determination of any indemnity obligation, the Indemnitor shall nevertheless pay when due such portion, if any, of the obligation as is not subject to dispute. Upon the payment in full of any claim, the Indemnitor making payment shall be subrogated to the rights of the Indemnitee against any person with respect to the subject matter of such claim. 10.5 Survival. The obligations of the respective Parties under this Article 10 shall survive the termination of this Master Agreement with respect to any claims or liability arising prior to such termination. ARTICLE 11 - HAZARDOUS MATERIALS The Customer shall have sole responsibility and liability with respect to the proper identification, removal and disposal of any hazardous materials (e.g., asbestos) or correction of any hazardous condition at a Service Location which affects the Company's performance of the Services under this Master Agreement. If, during the course of performing the Services, the Company becomes aware of any such hazardous materials or hazardous condition, the Company shall promptly report such matter to the Customer and before disturbing (or further disturbing) such materials or condition. Work in the affected areas shall be resumed by the Company only upon the written notice from the Customer that such materials have been removed or such condition has been corrected, and then only if such continuation of work shall not violate any applicable law or permit. The Customer shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the Company and its Subcontractors with respect to any liability, cost or expense of whatever nature incurred as a result of any such hazardous materials or hazardous condition. ARTICLE 12 _ TITLE, RISK OF LOSS, SECURITY INTEREST AND TAXES 12.1 Passage of Title. Upon the Company's receipt of full payment for Services performed under each Implementation Services Authorization Form, legal title to each installed ECO, including all equipment and materials comprising a part thereof, shall pass to the Customer upon the Substantial Completion Date for the ECO. Notwithstanding the foregoing, the Customer shall bear all risk of loss or damage of any kind with respect to all or any part of an ECO located at a Service Location, whether installed or not, and the Customer shall hold the Company harmless from and pay for the repair or replacement of any ECO or component thereof stolen, lost, destroyed or damaged at a Service Location, unless such loss or damage is directly caused by the Company or an ._------~----- Page 13 of 18 Rev.03/06/07 I Subcontractor retained by the Company. Loss or damage to an ECO directly caused by the Company or its Subcontractor shall be the responsibility of the Company. The Customer hereby releases and waives, and will cause its insurers to release and waive, any right of subrogation against the Company and each of its Subcontractors. 12.2 Warranty of Title. The Company warrants good title to all ECO's and components thereof furnished or installed by the Company or its Subcontractors, and the Company warrants that title to such ECO's and components shall pass to and vest in the Customer as set forth in Section 12.1 free and clear of all liens, claims, charges, security interests, encumbrances and rights of other parties arising as a result of the actions or failure to act of the Company, its Subcontractors, or their employees. 12.3 Taxes. The Customer agrees to pay any taxes and assessments, whether real or personal, which are now or hereafter imposed or assessed by any governmental authority, whether it be federal, state or local, with respect to the installation, delivery, sale, use, operation or maintenance of the ECO's, and to make all filings in respect of any such taxes and assessments. The Company shall have no obligation or liability with respect to any property tax nor with respect to any income, excess profits, or revenue tax charged or levied against the Customer as a result of this Master Agreement. The Company shall pay any sales and use taxes imposed on the ECO's prior to the Company's delivery or installation of the ECO's, as required by applicable law, subject to any sales and use tax exemptions available to the Company and the Customer. ARTICLE 13 - FORCE MAJEURE If a Party is prevented or delayed in the performance of any such obligation by a Force Majeure Event, such Party shall immediately provide notice to the other Party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably possible, The Party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. Notwithstanding the foregoing, the occurrence of a Force Majeure Event shall not relieve the Customer is payment obligations for Services rendered set forth in Article 3, Feasibility Study and Report and Article 4, Installation and Implementation. ARTICLE 14 - CHANGES Upon receiving such a request, the Company may at its sole option prepare and deliver a proposed Change Order to the Customer listing the price of the Changes. If the Customer fails to return an executed Change Order, a sample copy of which is attached to this Master Agreement as Schedule E, the Company shall have no obligation to complete the Changes. A Change also may result from any failure of the Customer, or its representatives or agents, to fulfill its obligations hereunder, which failure materially adversely affects the Company's cost, schedule or performance under this Master Agreement. Should any Change cause a material increase or decrease in the cost of or time required for the Company's performance, or otherwise affect any provision of this Master Agreement, the Company may propose an appropriate adjustment. The Company shall not be obligated to proceed with or perform any Change requested by the Customer hereunder until the Parties have agreed in writing upon any such adjustments resulting from the Change. Except to the extent a Change specifically results in an amendment or adjustment to one or more provisions of this Master Agreement, all provisions of this Master Agreement shall apply to all Changes, and no Change shall be. implied as a result of any other Change. ARTICLE 15 - TERMINATION AND DEFAULT 15.1 TeIDÙnation for Convenience. Either Party may terminate this Master Agreement, in its sole discretion, at any time, without further liability, upon ten (10) days prior written notice to the other Party; provided, however, that such teIDÙnation shall not apply with respect to any Services or work of the Company previously ordered by the Customer under an Authorization Form executed by the Customer on or prior to the teIDÙnation date. With respect to any such previously ordered Services or work, including any previously implemented ECO or ECO under implementation, this Master Agreement and the applicable Customer-authorized proposals, shall remain in full force and effect in accordance with their terms, unless both Parties specifically agree in writing to the contrary. Page 14 of 18 Rev.03/06/07 I 15.2 Termination for Cause. 15.2.1 Termination by Either Party for Default. A Party shall have the right to terminate this Master Agreement or a Customer-authorized Implementation Services Authorization Form for cause if: (a) any proceeding is instituted against a Party seeking to adjudicate such Party as bankrupt or insolvent, or if such Party makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of the insolvency of such Party, or if a Party files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding up or composition or readjustment of debts and, in the case of any such proceeding instituted against such Party (but not by such Party) such proceeding is not dismissed within sixty (60) days of such filing; (b) the Customer fails to perform any payment obligation under this Master Agreement and fails to cure such obligation within ten (10) days written notice from the Company; or (c) a Party substantially fails to perform any non-payment obligation under this Master Agreement and fails to cure or commence and diligently proceed to cure such obligation within thirty (30) days written notice from the other Party. Subject to Article 6, in the case of such a termination by a Party, to the extent that the reasonable and necessary costs of completing any Services previously ordered by the non-defaulting Party under this Master Agreement, including compensation for obtaining a replacement contractor or for obtaining additional professional services required as a consequence of the defaulting Party's breach, exceed those costs which would have been payable to the defaulting Party but for the defaulting Party's breach, the defaulting Party shall pay the difference to the non-defaulting Party. The Customer shall pay the Company an amount (to the extent not already paid) equal to the sum of all of the Company's reasonable costs incurred in performing the Services up to the termination date, including all costs incurred with respect to any Subcontractors; provided that the Company makes available to the Customer all of the work product, equipment and materials produced or obtained by the Company in performing such Services (except any and all intellectual property of the Company or third parties). 15.2.2 Pavment. All amounts payable by either Party pursuant to Sections 15.1 and 15.2 shall be due within thirty (30) days following the submission by the other Party of an invoice therefor, which invoice shall include in reasonable detail an itemization of costs with respect to any amounts measured on the basis of reimbursable costs. Reimbursable costs also shall be subject to audit by the other Party, at the other Party's expense upon reasonable advance notice; provided that such audit shall be completed within sixty (60) days following the submission of the invoice. Amounts not paid by either Party to the other when due hereunder shall bear interest, from the date payment was due to and including the date of payment at the Delayed Payment Rate. ARTICLE 16 - DISPUTES 16.1 No Set-Off. Anything to the contrary notwithstanding, all payments under this Master Agreement shall be made without set-off or deduction. Any payment not made by the date required by the Master Agreement shall bear interest from the date on which such payment was due and payable through and including the date such payment is actually received at the Delayed Payment Rate. If, as a result of a Dispute settled in favor of Customer, a refund is owed to Customer, then the amount of the overpayment shall bear interest from the date on which such payment was received by the Company through and including the date that the overpayment is refunded by the Company at an annual rate equal to the Delayed Payment Rate. 16.2 Pendency of Dispute. The existence of any Dispute, controversy or claim under this Master Agreement, or the pendency of the Dispute settlement or resolution procedures set forth in this Master Agreement, shall not in and of themselves relieve or excuse either Party from its ongoing duties and obligations hereunder or thereunder. 16.3 Alternative Dispute Resolution Process. Upon the written request of either Party, the Parties will meet for the purpose of resolving such Dispute. The Parties agree to discuss the problem and negotiate in good faith to attempt to resolve the Dispute. No formal proceedings may be commenced until either Party concludes in good faith that resolution of the Dispute through continued informal negotiations does not appear likely. Disputes that cannot be settled to in a manner described via informal discussions may be settled, but shall not be obligated to, mutually agree to non-binding mediation. Mediation must occur within twenty (20) business days after the Parties agree to submit the dispute to mediation, and the duration of the mediation shall be limited to one (1) business day. The Parties shall mutually select an independent mediator experienced in commercial information system contract -~.~------_.__. Page 15 of 18 R O~ '06' '0"7 I "cv, .J! ¡ ! disputes, and each Party shall designate a representative(s) to meet with the mediator in good faith in an effort to resolve the Dispute. The specific format of the mediation shall be left to the discretion of the mediator and the designated Party representatives. ARTICLE 17 - ASSIGNMENT 17.1 Master Agreement Binding. This Master Agreement and each Customer-authorized Feasibility Study and implementation of a Feasibility Report pursuant to a Customer-authorized Implementation Services Authorization Form entered into by the Parties shall be binding upon, and shall inure to the benefit of, the Parties and their successors and permitted assigns. 17.2 Pennitted Assignment. ( a) The Customer may not assign this Master Agreement without the prior written consent of the Company. No such assignment by the Customer or consent by the Company to the Customer's assignment shall release the Customer of any of its obligations under this Master Agreement or any associated supplements or Schedules. (b) The Company may, without notice to the Customer, assign this Master Agreement, any supplements, or Schedules, and any of the Company's rights hereunder or thereunder (i) in the event of a merger, acquisition or divestiture, the Company may assign to an entity or individual acquiring greater than fifty percent (50%) of the assets or voting securities of the Company and provided such assignee assumes the Company's obligations under this Master Agreement and the Company provides the Customer of such assignment and assumption, or (ii) to a third party financing institution upon notice to the Customer. Notwithstanding such assignment, the Company shall remain liable and responsible to the Customer for all of the Company's obligations and other performance requirements set forth in this Master Agreement and all exhibits, appendices, Schedules, supplements, and attachments hereto. No assignee shall be responsible for any obligations of the Company unless and until the Customer receives express written notice from such assignee which expressly states that such assignee has assumed the obligations of the Company, and assumption of any of the Company's obligations shall not bind any other assignee unless such assignee also expressly assumes such obligations in a written notice issued to the Customer. Any assignee shall have the right (but not the obligation) to cure any default or breach by the Company of its obligations to the Customer in accordance with the terms of this Master Agreement. No curing of any defaults or breaches by any assignee shall be construed as an assumption by any assignee of any of the obligations, covenants, or Master Agreements of the Company. (c) Any assignment which does not comply with the provisions of this Section 17.2 shall be null and void. 17.3 No Third Partv Beneficiaries. Except as otherwise expressly provided herein, this Master Agreement nor any term or provision or obligation arising hereof or hereunder, shall be construed as being for the benefit of any Party not a signatory hereto. 17.4 Timing of Receipt. Notices sent by mail shall be given as of four (4) business days after the date of the postmark, and notices delivered by overnight courier shall be deemed received on the date when left at the address of the recipient. Notices sent by fax shall be effective the date faxed, if a business day, or the following business day otherwise. ARTICLE 18 - GENERAL PROVISIONS 18.1 Entire Master Agreement. This Master Agreement, including the Schedules attached hereto and any exhibits attached thereto, sets forth the full and complete understanding of the Parties relating to the subject matter hereof as of the Effective Date, and supersedes any and all negotiations, agreements and representations made or dated prior hereto with respect to the subject matter of this Master Agreement. Any actions or Services described in this Master Agreement which were performed or implemented by the Parties prior to the Effective Date shall for all purposes be deemed to have been performed under this Master Agreement. 18.2 Amendments. No change, amendment or modification of this Master Agreement or Schedule or exhibits thereto shall be valid or binding upon the Parties unless such change, amendment or modification shall be in writing and duly executed by both Parties. Page 16 of 18_ Rev. 03/06/07, 18.3 Status of the Parties. The Company and its Subcontractors shall be independent contractors with respect to the Services performed hereunder irrespective of whether such Subcontractors are approved by the Customer, and neither the Company nor its Subcontractors, nor the employees of either, shall be deemed to be the employees, representatives or agents of the Customer. Nothing in this Master Agreement shall be construed as inconsistent with the foregoing independent contractor status or relationship, or as creating or implying any partnership, joint venture, trust or other relationship between the Company and the Customer. 18.4 Customer & Company. The Parties hereby represents and warrants to the other Party that (i) the execution and delivery by a Party of this Master Agreement and the performance of its obligations hereunder have been duly authorized by all requisite actions and proceedings; are not inconsistent with and do not and will not contravene any provisions of a Party's organizational documents or any applicable law, rule or regulation; have been approved by all necessary persons or entities; and do not and will not conflict with or cause any breach or default under any agreement or instrument to which a Party is a party or by which it or any of its properties is bound; and (ii) this Master Agreement has been duly executed and delivered by the Parties and constitutes the valid and legally binding obligation of each Party, enforceable against the other Party in accordance with its terms, except to the extent that enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws and subject to general equitable principles. 18.5 Drafting Interpretations and Costs. Preparation and negotiation of this Master Agreement has been a joint effort of the Parties and the resulting document shall not be construed more severely against one of the Parties than against the other. Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating and finalizing this Master Agreement. 18.6 Captions. The captions contained in this Master Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of such document or the intent of any provision contained therein. 18.7 SeverabilitylDivisible Contracts. (a) The invalidity of one or more phrases, sentences, clauses, Sections or Articles contained in this Master Agreement shall not affect the validity of the remaining portions thereof so long as the material purposes of such document can be determined and effectuated. (b) Each Customer- authorized proposal for Services under this Master Agreement shall constitute a separate and divisible contract which the Company may assign to one or more assignees, in whole or in part, and each and every such assignee of the Company shall be entitled to the benefits and rights of the Company under this Master Agreement, and shall be entitled to exercise the rights of the Company under this Master Agreement. No assignee shall be responsible for any obligations of the Company except as expressly assumed in writing by such assignee in accordance with the terms and conditions of Section 17.2. 18.8 Further Assurances. The Company and the Customer each agree to do such other and further acts and things, and to execute and deliver such additional instruments and documents, as either Party may reasonably request from time to time whether at or after the execution of this Master Agreement, in furtherance of the express provisions of this Master Agreement. 18.9 Applicable Law and Venue. This Master Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, exclusive of conflicts of laws provisions. Any disputes resulting in litigation between the Parties shall be conducted in the state or federal courts of the State of Florida. Proceedings shall take place in the Circuit Court for St. Lucie County, Florida or the United States District Court for the Southern District of Florida. 18.10 Counterparts. This Master Agreement may be signed in any number of counterparts and each counterpart shall represent a fully executed original as if signed by both Parties. 18.11 Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HERON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS MASTER AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF Page 17 of 18 Rev. 03106/07 DEALING, OR STATEMENTS WHETHER ORAL OR PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS MASTER AGREEMENT. 18.12 No Waiver. The failure of a Party to enforce, insist upon, or comply with any of the tenns, conditions or covenants of this Master Agreement, or a Party's waiver of the same in any instance or instances shall not be construed as a general waiver or relinquishment of any such tenns, conditions or covenants, but the same shall be and remain at all times in full force and effect. 18.13 Notices. All notices, demands, offers or other written communications required or permitted to be given pursuant to this Master Agreement shall be in writing signed by the Party giving such notice and shall be mailed by U.S. Mail, postage prepaid, via courier or faxed as follows: If to the Company: Ron Bartnick FPL Services, LLC PO BOX 14000 Juno Beach, FL 33408-0420 Fax: (561) 691-7611 Tel.: (561) 691-7297 Attention: Manager Engineering & Construction If to the Customer: St Lucie County 2300 Virginia Ave. Ft Pierce, FL 34982 Fax: 772-462-1444 Tel: 772-462-1431] Attention: Roger Shinn Each Party shall have the right to change the place to which notices shall be sent or delivered or to specify additional addresses to which copies of notices may be sent, in either case by similar notice sent or delivered in like manner to the other Party. IN WITNESS WHEREOF, the Parties hereto have executed this Master Agreement by and through their duly authorized representatives as of the Effective Date. Authorized By the Company: FPL Services, LLC, a Florida limited liability company Acknowledged by the Customer: Board of County Commissioners, St Lucie County, Florida BY: NAME: TITLE: Chairman DATE: BY: NAME: Dennis Brandt TITLE: Vice President DATE: -.-------.----- Page 18 of18 Rev. 03/06/07 I SCHEDULE B IMPLEMENTATION SERVICES AUTHORIZATION FORM Proiect Name: St Lucie County Jail ECO No.: Water Conservation Service Location: 900 N. Rock Rd. Ft Pierce Fl34945 Company: FPL Services, LLC Customer: Board of County Commissioners, St Lucie County, Florida Company Representative: Name: Address: Telephone: Facsimile: E-mail: Customer Representative: Name: Address: Ron Bartnick FPL Services, LLC PO Box 14000 700 Universe Boulevard Juno Beach, Florida 33408 (561) 691-7664 (561) 691-7611 ron.bartnick@fpl.com Telephone: Facsimile: E-mail: Roger Shinn 2300 Virginia Ave. Ft Pierce, FL 34982 772-462-1431 772-462-1444 rogers@stlucieco.gov I. AUTHORIZATION: This Implementation Services Authorization Form ("Form") is issued by the Company to the Customer pursuant to that certain Master Agreement for Demand Side Management and Energy Efficiency Services ("Master Agreement"), effective as of 13th day of March, 2007. This Form authorizes the Company to commence Services as described herein pursuant to the terms and conditions of the Master Agreement. This Form is not intended as a Change and in no way amends, varies or modifies the Master Agreement. Any alternate, different or additional terms or conditions referenced by the Customer in subsequent correspondence from the Customer are hereby rejected and will not become part of this Form or other the Master Agreement unless expressly set forth and incorporated herein. In order for the Company to commence Service set forth in this Form, the Customer is required to sign this Form. Capitalized terms used herein without other definition shall have the meanings set forth in the Master Agreement. This Form consists of this Implementation Services Authorization Form and the following attachments, which are incorporated into this Form by this reference: (i) Exhibit A - Feasibility Report, (ii) Exhibit B - Implementation Price. II. SCOPE OF WORK: The Company shall implement the Feasibility Report which shall set for the Services recommended ECO(s) and the implementation at the Service Location identifed above, as more particularly described in the Feasibility Report, attached hereto and made a part hereof as Exhibit A. III. IMPLEMENTATION SERVICES PRICE: Subject to Section 3.5 of the Master Agreement, the Customer shall compensate the Company for the Services provide in connection with the implementation of a Feasibility Report and any deferral payment obligations due for the Company's implementation and delivery of the ECO(s) at the Service Locations indentified in the Feasibility Report to the Customer, which shall be set forth in Exhibit B. © 2005, FPL Services, LLC, All Rights Reserved Schedule B Page 1 IV. CUSTOMER COOPERATION: The Customer shall use reasonable efforts to assist the Company in performing the Services contemplated by this Form, including providing reasonable access to each Service Location, providing information concerning each Service Location, making appropriate Customer personnel available if requested by the Company to assist the Company in performing such Services, and taking any other actions the Company may reasonably request from time to time to achieve the purposes and intent of this Schedule and the Master Agreement. This Form is being provided by the Company to the Customer, acknowledging acceptance of the Services specified in this Form, and the Master Agreement, which is incorporated herein. The Customer has examined and carefully studied all of this Form, including the Master Agreement and all exhibits, appendices, specifications, terms and conditions thereto and hereby agrees to be bound by any and all terms, conditions, and obligations set forth therein. THIS FORM IS HEREBY ISSUED BY THE COMPANY TO CUSTOMER ON THIS 13th DAY OF MARCH, 2007 ("Effective Date"). IN WITNESS WHEREOF, the Parties have executed this Form as of the Effective Date. Authorized By the Company: FPL Services, LLC, a Florida limited liability company Acknowledged by the Customer: Board of County Commissioners, St. Lucie County, Florida BY: NAME: Chairman TITLE: DATE: BY: NAME: Dennis Brandt TITLE: Vice President DATE: © 2005, FPL Services, LLC, All Rights Reserved Schedule B Page 2 SCHEDULE B EXHIBIT A FEASIBILITY REPORT Project Description: Water Conservation -St Lucie County Jail Service Location: 900 N Rock Rd. Ft Pierce 34945 Scope of Services: See project book titled" St Lucie County Corrections Feasibility Study, November 2006" Procurement Services: per contract © 2005, FPL Services, LLC, All Rights Reserved Schedule B Page 3 SCHEDULE B EXHIBIT B IMPLEMENTATION PRICE ECO Price: $1,446,639 Payment Schedu1e/Payment Deferral Option: draws during construction Form ofInvoice: written Address for Invoice: 2300 Virginia Ave, Ft Pierce, FL 34982 Retainage Terms: per contract Additional Final Payment Conditions: per contract © 2005, FPL Services, LLC, All Rights Reserved Schedule B Page 4 Aaenda Request Item Number:~t1_ DATE: March 13, 2007 AFT REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: County Administration Fave Outlaw Assistant County Administrator SUBJECT: Review and consideration of staff options pertaining to the implementation of a Countywide Transferable Development Rights (TDR) program. BACKGROUND: At its October 10, 2006 meeting, the Board of County Commissioners reviewed staff oPEf!e .. to the implementation of a Countywide TDR program. Followi . . . Board directed that input be gathered on local interest in thisogt:ðl1i\aînd~at his item be brought back to the Board for consideration at a later date. Based upon the Board's desire to create programs that will assist in preserving and conserving agricultural land, open space, environmentally sensitive land, habitat protection, and grèenway connectors, staff has developed 3 options (Attachment A) for implementing a Countywide Transferable Development Rights (TDR) program planning study. FUNDS AVAILABLE: NA The Board recommeQ~t this item at its February 6, 2007 meeting until March 13th. On May 30, 2006, the Board of County Commissioners adopted Ordinance No. 06-018 establishing a TDR program within the boundaries of the North County - Special Area Plan (SAP). PREVIOUS ACTION: RECOMMENDA TION: Staff is seeking direction from the Board [ lAPPROVED bt OTHER: [ ] DENIED COMMISSION ACTION: 11. Pulled prior to the meeting. Dou las M. Anderson County Administrator Coordination/Sianatures Environ. Resources: Purchasing - County Attorney: Originating Dept: Management & Budget: Finance: ,,,,,/ AGENDA REQUEST ITEM NO. 1.2., DATE: March 13, 2007 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 07-090 - Authorizing Resolution for Lease Purchase of Certain Water Conservation Equipment for Use by the County at the North Rock Road Correctional facility BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt Resolution No. 07-090 and authorize the Chairman to sign the Resolution. [ ] APPROVED [] DENIED [')(I OTHER: 12. Pulled prior to the meeting. COMMISSION ACTION: '/,J County Attorney: t/ <.f Review and Approvals Management & Budget Solid Waste Dir.: Originating Dept. Public Works Dir: County Eng.: Bryant · Miller · Olive P.A. Attorneys at Law MEMORANDUM TO: Chairman and Members of the Board of County Commissioners of St. Lucie County, Florida FROM: Randy Clement Robert Freeman DATE: March 7, 2007 RE: Resolution Authorizing Lease-Purchase of Water Conservation Equipment For Rock Road Jail Facilities with Citirnortgage, Inc. The attached resolution provides for the lease-purchase of water conservation equipment for the County's Rock Road correction facilities with Citimortgage, Inc., and approves the form of Master State and Municipal Lease/Purchase Agreement and Escrow Agreement in substantially the form attached to the resolution, with such changes or corrections as officials signing the documents may approve. Payments on the lease will be made from non-ad valorem revenues of the County budgeted and appropriated in each year the lease-purchase agreement is outstanding. The resolution also provides for officials of the County to take steps and execute documents and certifications necessary to consummate the lease-purchase of the equipment. cc: Daniel S. McIntyre, County Attorney Douglas M. Anderson, County Administrator Christann K. Hartley, Finance Director Marie Gouin, Management and Budget Director Jay Glover, Public Financial Management {5000/99/00109220. DOCvl} RESOLUTION NO. 07- Oqr A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTIlORIZING THE LEASE PURCHASE OF CERTAIN WATER CONSERVATION EQUWMENT FOR USE BY mE COUNTY AT TIlE NORTH ROCK ROAD CORRECTION FACILITY AND EXECUTION OF NECESSARY DOCUMENTS THEREFOR; PROVIDNG FOR THE MAKING OF PAYMENTS FOR THE LEASE FROM NON-AD VALOREM REVENUES ANNUALLY BUDGETED AND APPROPRIATED THEREFOR; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF A SCHEDULE TO THE MASTER LEASE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Whereas, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the· "Lessee" or "County"), desires to obtain certain water conservation equipment (the "Equipment") for use by the County at the North Rock Road Correction Facility, described on Exhibit A (the "Schedule") to the Master State and Municipal Lease/purchase Agreement (collectively, the "Lease") with Citimortgage, Inc. (the "Lessor"), the form of which is attached hereto as Appendix I; and Whereas, the Equipment is essential for the Lessee to perform its governmental functions; and Whereas, the funds made available under the Lease will be deposited with UMB Bank, N.A. (the "Escrow Agent") pursuant to an Escrow Agreement among the Lessee, the Lessor and the Escrow Agent (the "Escrow Agreement") and will be applied to the acquisition of the Equipment in accordance with the Escrow Agreement; and Whereas, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and Whereas, it is necessary and desirable for the Lessee to enter into the Lease with the Lessor and the Escrow Agreement with the Lessor and the Escrow Agent; now therefore: BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, as amended, and other applicable provisions of law (collectively, the "Act"). {5000/99/00108847,DOCvI } Section 2. Approval of Financing. The lease of the Equipment pursuant to the Lease, the Escrow Agreement and the Schedule (collectively, the "Financing Documents") in substantially the forms attached hereto as Appendix I, and made a part of this resolution is hereby approved. Section 3. Execution of Schedule and Escrow Agreement. The Chairman, Vice Chairman, and any other officer of the County who shall have power to execute contracts on behalf of County be, and each of them hereby is, authorized to execute, acknowledge and deliver the Lease and Escrow Agreement in substantially the forms attached hereto as Appendix I, with any changes, insertions and omissions therein as may be approved by the officers who execute the Lease and the Escrow Agreement, such approval to be conclusively evidenced by such execution and delivery of the Lease and the Escrow Agreement. The Clerk of the Board and any other officer of the County who shall have power to do so be, and each of them hereby is authorized to affix the official seal of the County to the Lease and the Escrow Agreement and attest the same. Section 4. Authorization of Execution of Other Documents. The proper officers of the County be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out the intent of this resolution. Section 5. Tax Compliance. The County covenants throughout the term of the Equipment Lease, to comply with the requirements of the Code. The County will take all actions necessary to maintain the exclusion from gross income for purposes of the Code of the interest component of the payments under the Lease to the same extent as on the date of the Lease. Section 6. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. Section 7. Severability. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of this resolution or of the Lease delivered hereunder. Section 8. Amendment. This resolution may not be amended or repealed except with the prior written consent of Lessor. 2 {5000/99/00108847,DOCvl} Section 9. Effective Date. This resolution shall take effect immediately upon its adoption. Passed and Adopted this 13th day of March 2007, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman of the Board of County Commissioners A TIEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 3 {5000/99/00108847,DOCvl} EXHIBIT A [INSERT FORM OF LEASE, EXHIBITS AND ESCROW AGREEMENT] 4 {5000/99/00 I 08847.DOCv I } EXHIBIT A TO MASTER STATE AND MUNICIPAL LEASE/PURCHASE AGREEMENT FORM OF SCHEDULE COUNTERPART NO.1 LESSOR'S INTEREST IN, TO AND UNDER THIS SCHEDULE AND THE MASTER LEASE AS IT RELATES TO THIS SCHEDULE MAY BE SOLD OR PLEDGED ONLY BY DELIVERING POSSESSION OF COUNTERPART NO. 1 OF THIS SCHEDULE, WHICH COUNTERPART NO,1 SHALL CONSTITUTE CHATTEL PAPER FOR PURPOSES OF THE UNIFORM COMMERCIAL CODE. SCHEDULE NO. 001 To Master State and Municipal Lease/Purchase Agreement dated as of , ' ' 2007, between Citimortgage, Inc" as Lessor, and Saint Lucie County Board of County CommissIoners, as Lessee, 1. Defined Terms. All terms used herein have the meanings ascribed to them in the above-referenced Master State and Municipal Lease/Purchase Agreement (the "Master Lease"), 2. Equipment. The following items of Equipment are hereby included under this Schedule of the Master Equipment Lease, Quantity Descriotion/Serial No./Model No. Water Conservation Project as Described In Scope of Work Attached Hereto And Made a Part Hereof Location Correction Facility 900 North Rock Road Fort Pierce, FL 34988 The name and address of the Vendor of the Equipment is as follows: Florida Power & Liqht Services 3. Rental Payments and Purchase Price. (a) Renta/ Payments. The Rental Payments shall be in the amounts set forth in the "Rental Payment" column of the Rental Payment Schedule attached hereto as Attachment 1, Rental Payments shall accrue from the Commencement Date and shall be paid as specified on the Rental Payment Schedule for the duration of the Lease Term. Such Rental Payments include an interest component as shown below based on a fixed rate per annum set forth on the Payment Schedule, (b) Purchase Price Schedule, The Purchase Price at any particular time for the Equipment under this Schedule shall be the amount set forth for such time in the "Purchase Price" column of the Rental Payment Schedule, The PurcJ:\ase Price is in addition to all Rental Payments and any other amounts then due under this Schedule (including the Rental Payment shown on the same line in the Payment Schedule), 4. Representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Master Lease are true and correct as though made on the Commencement Date with respect to this Schedule. 5. Certification as to Arbitrage and Tax Covenants. Lessee hereby represents and covenants as follows: (a) Any sale proceeds of this Schedule received by Lessee, together with expected investment earnings on such proceeds and other money contributed by Lessee, do not exceed the estimated total costs of the Equipment listed in this Schedule. Standard lease rev 4/06 A-I (b) The Equipment described above has been ordered or is expected to be ordered within six months after the Commencement Date of this Schedule, and the Equipment is expected to be delivered and installed, and the Vendor fully paid, within 18 months after the DCommencement Date, The acquisition, delivery and installation of the Equipment and the expenditure of any net sale proceeds of this Schedule will proceed with due diligence. (c) Lessee has not created or established, and does not expect to create or establish, (i) any sinking fund or other similar fund that is reasonably expected to be used to pay the Rental Payments, or (ii) any pledged fund that provides reasonable assurance that the amounts in such fund will be available to pay Rental Payments, even if Lessee encounters financial difficulties. (d) The Equipment listed in this Schedule has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in major part, prior to the last maturity of the Rental Payments, (e) To the best of our knowledge, information and belief, the above expectations are reasonable. (f) No other obligations of Lessee (whether lease, bond, or note) (1) are being sold within 15 days of the Commencement Date; (2) are being sold pursuant to the same plan of financing as this Schedule; and (3) are expected to be paid from substantially the same source of funds (disregarding guarantees from unrelated parties, such as bond insurance), (9) [Lessee initial here if this provision is applicable: 1 [Lessee initial here if this provision is NOT applicable: Lessee designates this Schedule as a "qualified tax-exempt obligation" as defined in Section 265(b)(3)(B) of the Code, The aggregate face amount of all tax-exempt obligations (excluding private activity bonds other than qualified 501 (c)(3) bonds) issued or to be issued by Lessee and all subordinate entities thereof during the calendar year in which the Commencement Date with respect to this Schedule occurs is not reasonably expected to exceed $10,000,000. Lessee and all subordinate entities thereof will not issue in excess of $10,000,000 of qualified tax-exempt obligations (including this Schedule but excluding private activity bonds other than qualified 501 (c)(3) bonds) during said calendar year without first obtaining an opinion of nationally recognized counsel in the area of tax-exempt municipal obligations, acceptable to Lessor, that the designation of the this Schedule as a "qualified tax-exempt obligation" will not be adversely affected. (h) [Lessee initial here if this provision is applicable: 1 [Lessee initial here if this provision is NOT applicable: Lessee represents and warrants that (i) it is a governmental unit under the laws of the State with general taxing powers; (ii) this Schedule is not a private activity bond as defined in Section 141 of the Code; (iii) 95% or more of the net proceeds of this Schedule will be used for local governmental activities of Lessee; and (iv) the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued or to be issued by the Lessee and all subordinate entities thereof during the calendar year in which the Commencement Date with respect to this Schedule occurs is not reasonably expected to exceed $5,000,000, Lessee and all subordinate entities thereof will not issue in excess of $5,000,000 of tax-exempt bonds (including the Agreement but excluding private activity bonds) during said calendar year without first obtaining an opinion of nationally recognized counsel in the area of tax-exempt municipal obligations acceptable to Lessor that the exclusion of the interest portions of the Rental Payments from gross income for federal tax purposes will not be adversely affected, (i) Lessee will comply with all applicable provisions of the Code, including without limitation Sections 103 and 148 thereof, and the applicable regulations of the Treasury Department to maintain the exclusion of the interest portions of Rental Payments from gross income for purposes of federal income taxation, including any required payment of arbitrage rebate, 6. The Master Lease. This Schedule is hereby made as part of the Master Lease, and Lessor and Lessee hereby ratify and confirm the Master Lease, The terms and provisions of the Master Lease (other than to the extent that they relate solely to other Schedules or Equipment under other Schedules) are hereby incorporated by reference and made a part hereof, SAINT LUCIE COUNTY BOARD OF COUNTY LESSOR: CITIMORTGAGE, INC, LESSEE: COMMISSIONERS MUNICIPAL ENTITY BY: BY: X AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE BY: BY: PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE: DATE: Standard lease rev 4/06 A-2 SCOPE OF WORK 1. Executive Summary Also, FPLS has been able to secure extended warranties from the equipment manufacturer. The warranty is as follows: . 10 years on all Icon parts from manufacturer The comprehensive experience of both SLCC and FPLS in developing and managing Energy Efficiency Contracts will ensure the successful implementation of this project. This should also expand to a long-term energy partnership. This experience will be priceless to our project team in ensuring the timely completion of the energy conservation measure. The SLCC's offer to support FPLS' implementation contractors with any required security escorts is a demonstration of the mutual commitment to the success of this project. FPLS recommends that St. Lucie County implement this Energy Conservation Measure to guarantee that the SLCC facility continues to operate with the most up-to-date energy efficient systems. FPL Services commends the SLCC on their commitment to energy conservation and the environment. The remainder of this document outlines in detail how FPLS can assist in meeting that commitment. 2. Energy Conservation Measures ECM # 1 Water Conservation-Low Flow Description of retrofit components: . Replacement of existing 3.5 water closet flush valves with Zurn 1.6 gpf Flush Valve: Zurn Model Z6000-WS-1.6. Longer vacuum breaker flush tubes will be installed "where needed./I Standard flush tubes are 9/1 in length. . Replacement of existing 3.5 floor mount elongated flush valve water closet with Kohler water closet: Kohler Model K-4350FM 1.6 gpf water closet with new bowl wax ring and johnni bolts. Repair existing "floor flange" (if needed). Six toilets to be tank/type design. · Replacement of existing 3.5 wall hung water closet with Kohler water closet: Kohler Model K-4330WH 1.6 gpf water closet. Replace existing "felt" gasket between closet fixture and closet carrier. · Replacement of existing water closet seats with Bemis seat: Bemis modell055SS with stainless steel bolts. · Replacement of existing urinal flush valve with Zurn 1.0 gpf flush valve: Zurn Model Z-6003-WS-1.0 flush valve. · Replacement of existing shower head with Niagra N-2130 shower head. · Replacement of existing Staff lavatory faucets with Symmons S-20 single lever handle lavatory faucet. Replace existing supply lines (2) from stop valve to lavatory valve. · Replacement of existing Inmate lavatory faucets with Symmons S-60-H slo-cloz lavatory faucet. Replace existing supply lines (2) from stop valve to lavatory valve. The locations of the retrofits are listed below: Location Lavatory Flushometer Urinal Shower Tank Valve Water Closet Valve Heads Toilet Administration Mens Visitor 1 2 1 Administration Womens Visitor 2 2 Administration Mens 1 1 Administration Womens 1 1 800kina 1 1 3 Transportation Staff 1 1 Staff lounae 3 2 2 2 Kitchen Staff 1 1 A1 A&8Side 16 A1 Staff 1 1 A2 Staff 1 1 A3 Staff 1 1 A4 Staff 1 1 Medical Staff 1 1 81 Staff 1 1 83 Unit I Dorm 1 83 Unit I Dorm 2 83 Unit I Dorm 3 83 Unit I Dorm 4 83 Staff 1 1 84 Unit I Dorm 1 84 Unit I Dorm 2 84 Unit I Dorm 3 84 Unit I Dorm 4 84 Staff 85 Staff 1 1 36 1 1 20 I 3 I I 0 I 5 2. Energy Conservation Measures ECM # 2 Water Conservation-ICON Systems ICON's unique flushing device also has the ability to reduce the gallons per flush from the present 3.5 gallons to 1.6 gallons. Each time the toilet is flushed, it will use a prescribed amount of water representing the corresponding reduction in water and sewer expense. · Hot lavatory run time: 20 seconds. · Cold lavatory run time: 10 seconds. · Flush valve: Flush cycle occurs immediately. If the button is activated again within 5 minutes of initial button activation, it will flush immediately. If button is activated a third time in the 5 minute time span, the microprocessor will disable the activation of the flush valve for an operations staff-determined time period adjustable from 1 minute flush lock-out to a one hour flush lock out). Repeated pressure on button during this period will not engage flush valve until lock out period has elapsed. . Shower: Shower cycle occurs immediately and will run for 3 minutes. After run time has ended, simply push the force activation button again for an additional 3 minutes. Description of Retrofit Components . Replacement of existing flush valve with ICON Flush Valve: ICON flush valve, model PIN FVR700l-S will be installed to replace each existing Sloan flush valve. The ICON valve is similar to, and operates like, a swing-check solenoid valve. It is non-metallic valve made of Zytel material, for extended durability and anti-corrosion properties, and has a 24 V AC solenoid, which opens and closes the valve assembly. The valves have modular type connectors attached to the solenoid for connection to ICON electronics package. The flush valve has an external, adjustable volume control located on the valve that allows flow from full to no flow for maintenance or to compensate for calcium build-up in the fixture. The valve also includes a manual override feature to enable staff to flush toilet by bypassing electronic control in the event of power loss or for troubleshooting. The installation of the flush valve shall require no modification of the pressurized plumbing lines. 2. Energy Conservation Measures ECM # 2 Water Conservation-ICON Systems . Replacement of existing shower valve with ICON shower retro-valve: ICON VLC-7002 will replace existing Acorn valve cartridge assembly. The ICON shower retrofit unit is of industrial quality and is made of Dupont Zytel plastic. The solenoid includes a six foot section of wire with modular plug for connection to the ICON electronics package. The solenoid coil and plunger for the water closet, shower and lavatory valves shall be interchangeable to reduce part requirements. Shower valve specifications: 24 VAC, 60 Hz. Maximum operating pressure: 100 PSI. . Replacement of existing lavatory mechanical cartridges with ICON lavatory valve retrofit unit: ICON VLC-7002. This ICON unit will replace existing Acorn mechanical lavatory cartridge system. The ICON replacement units are industrial quality and are made of Dupont Zytel plastic. The ICON lavatory retro-cartridge unit is attached to the top portion of the existing lavatory valve. ICON retro unit contains !lQ. diaphragms for replacement, and have only one moving component - the solenoid plunger. The solenoid includes a six foot section of wire with modular plug for connection to the ICON electronics package. The solenoid coil and plunger for the water closet, shower and lavatory valves shall be interchangeable to reduce part requirements. Lavatory block/valve specifications: 24 VAC, 60 Hz. Maximum operating pressure: 100 PSI. . Replacement of activation buttons of flush and lavatory valves: The existing flush activation button and two lavatory (where applicable) activation buttons will be removed and replaced with ICON activation buttons as well as the shower buttons. ICON activation buttons are stainless steel and are pressure sensitive activated. The buttons have no mechanical moving parts, are completely waterproof, and nearly vandal-proof. The sensor buttons operate on a "strain gauge" principle and the sensor adjustment is self- calibrating. Each button includes six feet of wire with modular plug for connection to ICON electronics package and escutcheons or other mounting hardware as required. Specifications: 5 VDC sealing waterproof stainless steel. 2. Energy Conservation Measures . ICON Electronics Package: In each plumbing chase, one ICON electronics package will be installed. The package will be attached to the wall within reach of the plumbing valves or extensions, and the required wiring shall be provided for model number series format. This electronics package will be wired to an emergency backup circuit and will control and interface with the required components. The package will include required number of inputs and outputs for interface with ICON valve and button. Each port of the inputs/outputs has a designated use and application. ECM # 2 Water Conservation-ICON Systems The locations of the recommended ICON water system retrofits are listed below: ICon Location ICon ToiletlLav ICon Shower Toilet ICon Sink Retrofit Retrofit Retrofit Retrofit Bookina 5 TransDortation 1 Isolation 3 Staff Gvm 1 Court Room 2 A1 A&BSide 8 16 A2 Unit I Dorm 1 4 3 3 A2 Unit I Dorm 2 4 3 3 A2 Unit I Dorm 3 4 3 3 A2 Unit I Dorm 4 4 3 3 A3 Unit I Dorm 1 4 3 3 A3 Unit I Dorm 2 4 3 3 A3 Unit I Dorm 3 4 3 3 A3 Unitt Dorm 4 4 3 3 A4 Unit I Dorm 1 4 3 3 A4 Unit I Dorm 2 4 3 3 A4 Unit I Dorm 3 4 3 3 A4 Unitt Dorm 4 4 3 3 Leaal Holdina Cell 1 Medical Holdina 2 Medical Cells 12 12 B1 Unit I Dorm1 15 3 B1 Unit I Dorm 2 15 3 B1 Unit I Dorm 3 15 3 B1 Unit I Dorm 4 15 3 B3 Unit I Dorm 1 15 3 83 Unit I Dorm 2 15 3 83 Unit I Dorm 3 15 3 83 Unit I Dorm 4 15 3 84 Unit I Dorm 1 13 2 84 Unit I Dorm 2 13 2 84 Unit I Dorm 3 13 2 84 Unit I Dorm 4 13 2 85 Unit I Dorm 1 15 3 85 Unit I Dorm 2 15 3 85 Unit I Dorm 3 15 3 85 Unit I Dorm 4 15 3 307 100 16 36 ATTACHMENT 1 TO SCHEDULE NO. 001 RENTAL PAYMENT SCHEDULE Commencement Date of Schedule:3/16/2007 Due Date of First Principal & Interest Payment: 4/16/2008 Interest Rate: 4.03% Rental Payments shall be paid semi-annually, in arrears on the same day of the period in accordance with the Rental Payment Schedule set forth below. The Equipment listed in this Schedule may be purchased only as provided and at such times as set forth in Section 22 ofthe Master Lease. Rental Interest Principal Prepayment Due Date Number Payment Portion Portion Amount 4/16/2007 From Escrow 4,920,31 4,920,31 N/A 5/16/2007 From Escrow 4,920,31 4,920.31 N/A 6/16/2007 From Escrow 4,920,31 4,920,31 N/A 7/16/2007 From Escrow 4,920.31 4,920,31 N/A 8/16/2007 From Escrow 4,920,31 4,920,31 N/A 9/16/2007 From Escrow 4,920.31 4,920,31 N/A 10/16/2007 From Escrow 4,920,31 4,920.31 N/A 11/16/2007 From Escrow 4,920.31 4,920,31 N/A 12/16/2007 From Escrow 4,920,31 4,920,31 N/A 1/16/2008 From Escrow 4,920,31 4,920,31 N/A 2/16/2008 From Escrow 4,920.31 4,920,31 N/A 3/16/2008 From Escrow 4,920,31 4,920.31 N/A 4/16/2008 1 $81,017,70 4,920.31 76,097,39 Non-callable 10/16/2008 2 $81,017,70 27,988,52 53,029.18 Non-callable 4/16/2009 3 $83,463,23 26,919,98 56,543,25 Non-callable 10/16/2009 4 $83,463,23 25,780,63 57,682,60 Non-callable 4/16/2010 5 $85,982.13 24,618,33 61,363.80 Non-callable 10/16/2010 6 $85,982,13 23,381,85 62,600,28 Non-callable 4/16/2011 7 $88,576,59 22,120.45 66,456.14 Non-callable 10/16/2011 8 $88,576,59 20,781,36 67,795,23 $ 963,537,92 4/16/2012 9 $91,248.89 19,415.29 71,833.60 $ 891,704.32 10/16/2012 10 $91,248,89 17,967,84 73,281,05 $ 818,423,28 4/16/2013 11 $94,001.36 16,491.23 77,510,13 $ 740,913.15 10/16/2013 12 $94,001,36 14,929,40 79,071,96 $ 661,841.19 4/16/2014 13 $96,836.40 13,336.10 83,500,30 $ 578,340.89 10/16/2014 14 $96,836.40 11,653,57 85,182.83 $ 493,158.07 4/16/2015 15 $99,756.49 9,937,14 89,819,35 $ 403,338,71 10/16/2015 16 $99,756.49 8,127,28 91,629,21 $ 311,709.50 4/16/2016 17 $102,764,18 6,280.95 96,483,24 $ 215,226,26 10/16/2016 18 $102,764.18 4,336,81 98,427.37 $ 116,798.89 4/16/2017 19 $60,170.44 2,353,50 57,816,94 $ 58,981.95 10/16/2017 20 $60,170.44 1,188,49 58,981.95 $ 1,826,678.54 361,572.79 1,465,105.76 SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Name: Title: Date: EXHIBIT B TO MASTER STATE AND MUNICIPAL LEASE/PURCHASE AGREEMENT FORM OF MUNICIPAL CERTIFICATE MUNICIPAL CERTIFICATE Re: Schedule No, 001 to Master State and Municipal Lease/Purchase Agreement dated as of Citimortgage, Inc" as Lessor, and Saint Lucie County Board of County Commissioners, as Lessee. , 2007, between I, the undersigned, the duly appointed, qualified and acting certify this _ day of , 2007, as follows: (Clerk or Secretary) of the above-captioned Lessee do hereby (1) Lessee did, at a (regular or special) meeting of the governing body of the Lessee held , 20_, by motion duly made, seconded and carried, in accordance with all requirements of law, approve and authorize the execution and delivery of the above-referenced Schedule No, 001 (the "Schedule") and the related escrow agreement, if any, on its behalf by the following named representative of Lessee: (PERSON SIGNING DOCUMENTS SIGNS HERE) ** Printed Name Title Signature (2) The above-named representative of Lessee held at the time of such authorization and holds at the present time the office designated above and the signature set forth opposite his or her name is the true and correct specimen of his or her genuine signature, (3) At the meeting described in (1) above, the representative of Lessee named in (1) above and the officers or employees of Lessee from time to time holding the offices or titles set forth below were designated as Authorized Lessee Representatives for the Schedule (any of them acting alone), and each of the persons listed below is the current holder of the office or title indicated and the signature set forth opposite name of each of them is the true and correct specimen of his or her genuine signature: (ADDITIONAL SIGNERS FOR ESCROW DISBURSEMENTS - CANNOT BE SAME SIGNER AS ON PAGE B-2) Title Printed Name Sianature (4) The meeting of the governing body of the Lessee at which the Schedule was approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite majority of the members thereof or by other appropriate official approval and that the action approving the Schedule and authorizing the execution thereof has not been altered or rescinded. (5) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default (as such term is defined in the above-referenced Master State and Municipal Lease/Purchase Agreement) exists at the date hereof, (6) All insurance required in accordance with the above-referenced Master State and Municipal Lease/Purchase Agreement is currently maintained by the Lessee, (7) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current fiscal year to make the Rental Payments scheduled to come due during the Initial Term and to meet its other obligations for the Initial Term (as such terms are defined in the above-referenced Master State and Municipal Lease/Purchase Agreement), and such funds have not been expended for other purposes, .. This signature line to be signed by person authorized by the governing body to execute the Schedule and the escrow agreement, if any, on behalf of Lessee. Standard lease rev 4/06 B-1 [If Lessee is located in Georgia, the following paragraph (7) shall apply in lieu of the foregoing paragraph (7).] (7) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current calendar year to make the Rental Payments scheduled to come due during the Initial Term and to meet its other obligations for the Initial Term (as such terms are defined in the above-referenced Master State and Municipal Lease/Purchase Agreement), and such funds have not been expended for other purposes, o (8) The fiscal year of Lessee is from to (9) There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Agreement or the Schedule or the interest of Lessor or its assigns, as the case may be, in the Equipment. (10) The Equipment has not been the subject of a referendum that failed to receive the approval of the voters of Lessee within the preceding four years. IN WITNESS WHEREOF, I hereunto set my hand and the seal of the governing body of the Lessee the day and year first above written, Signature of Secretary/Clerk (SEAL) Printed or typewritten title and name Subscribed and affirmed before me this _ day of ,20_. Signed: My commission expires: (NOTARY SEAL) Notary Certificate: Standard tease rev 4/06 B-2 EXHIBIT C TO MASTER STATE AND MUNICIPAL LEASE/PURCHASE AGREEMENT FORM OF OPINION OF LESSEE'S COUNSEL (SAMPLE-TO BE SUBMITTED ON ATTORNEY'S LETTERHEAD) March 16, 2007 Citimortgage, Inc, 450 Mamaroneck Avenue Harrison, NY 10528 Re: Schedule No, 001 to Master State and Municipal Lease/Purchase Agreement dated as of , 2007, between Citimortgage, Inc" as Lessor (the "Lessor"), and Saint Lucie County Board of County Commissioners, as Lessee (the "Lessee"), Ladies and Gentlemen: As legal counsel to the Lessee, I have examined (a) an executed counterpart of a certain Master State and Municipal Lease/Purchase Agreement, dated as of , 2007, and Exhibits thereto between Lessor and Lessee (the "Agreement") and Schedule No, 001, between Lessor and Lessee (the "Schedule"), which, among other things, provides for the lease to with option to purchase by the Lessee of certain property listed in the Schedule (the "Equipment"), (b) an executed counterpart of the ordinances or resolutions of Lessee which, among other things, authorizes Lessee to execute the Agreement and the Schedule and (c) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions. Based on the foregoing, I am of the following opinions: (1) Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of at least one of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) police power. (2) Lessee has the requisite power and authority to lease the Equipment with an option to purchase and to execute and deliver the Agreement and the Schedule and to perform its obligations under the Agreement and the Schedule, (3) The Agreement, the Schedule and the other documents either attached thereto or required therein have been duly authorized, approved and executed by and on behalf of Lessee and the Agreement and the Schedule are valid and binding obligations of Lessee enforceable in accordance with their terms. (4) The authorization, approval and execution of the Agreement and the Schedule and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state or federal laws, (5) There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Agreement or the Schedule or the interest of Lessor or its assigns, as the case may be, in the Equipment. All capitalized terms herein shall have the same meanings as in the foregoing Agreement unless otherwise provided herein. Lessor, its successors and assigns and any counsel rendering an opinion on the tax-exempt status of the interest components of the Rental Payments, are entitled to rely on this opinion. Printed Name: Dated: Address: Signature: Telephone No.: Standard lease rev 4/06 C-1 ESCROW TRUST AGREEMENT This Escrow Trust Agreement (the "Escrow Agreement"), dated as of , 2007, and entered into among Citimortgage, Inc" a New York corporation ("Lessor"), Saint Lucie County Board of County Commissioners, a body corporate and politic existing under the laws of Florida ("Lessee"), and UMB BANK, n.a., a national banking association, as escrow agent (the "Escrow Agent"), Name of Acquisition Fund: " Saint Lucie County Board of County Commissioners" Equipment Acquisition Fund No, Amount of Deposit into the Acquisition Fund $ 1.465.105,76 TERMS AND CONDITIONS 1. This Escrow Agreement relates to and is hereby made a part of Schedule "Schedule"), to the Master State and Municipal Lease/Purchase Agreement dated as of Lessor and Lessee. No, 001, dated as of , 2007 (the ,2007 (the "Agreement") between 2, Except as otherwise defined herein, all terms defined in the Agreement shall have the same meaning for the purposes of this Escrow Agreement as in the Agreement. 3, Lessor, Lessee and the Escrow Agent agree that the Escrow Agent will act as sole Escrow Agent under the Schedule and this Escrow Agreement, in accordance with the terms and conditions set forth in this Escrow Agreement. The Escrow Agent shall not be deemed to be a party to the Schedule or the Agreement, and this Escrow Agreement shall be deemed to constitute the entire agreement between Lessor and Lessee and the Escrow Agent. 4, There is hereby established in the custody of the Escrow Agent a special trust fund designated as set forth above (the "Acquisition Fund") to be maintained as a separate trust account and administered by the Escrow Agent in trust for the purposes set forth in Section 7 of this Escrow Agreement. Lessee hereby grants to Lessor a first lien and security interest on and in the Acquisition Fund, 5, (a) Lessor shall deposit in the Acquisition Fund the amount specified above pursuant to the wire instructions set forth below: UMB Bank, NA ABA: 101 000695 Acct. No,: 98 000 06823 Acct. Name: UMB Bank, N,A, OBI: Citicorp/Saint Lucie County Board of County Commissioners Moneys held by the Escrow Agent hereunder shall be invested and reinvested by the Escrow Agent upon written order of an Authorized Lessee Representative, in accordance with the Arbitrage Instructions attached as Exhibit A, in Qualified Investments (as defined below) maturing or subject to redemption at the option of the holder thereof prior to the date on which it is expected that such funds will be needed, Lessee will be responsible for complying with the provisions of the Arbitrage Instructions if it invests funds in the Acquisition Fund in Qualified Investments described in 6(iv) below, If an Authorized Lessee Representative fails to timely direct the investment of any moneys held hereunder, the Escrow Agent shall invest and reinvest such moneys in Qualified Investments described in 6(vi) below, Such investments shall be held by the Escrow Agent in the Acquisition Fund; any interest and gain earned on such investments shall be deposited in the Acquisition Fund, and any losses on such investments shall be charged to the Acquisition Fund, The Escrow Agent may act as purchaser or agent in the making or disposing of any investment. Qualified Investments described in 6(vi) below will be subject to an annualized sweep fee charged monthly to the earnings on monies invested, (b) Unless the Schedule is exempt from arbitrage rebate under Section 148(f)(4)(D) of the Code, Lessee shall engage a rebate analyst to compute arbitrage rebate earned from investing proceeds of the Schedule and shall pay all rebate amounts to the United States in accordance with the Arbitrage Instructions. 6, "Qualified Investments" means, to the extent the same are at the time legal for investment of the funds being invested: (i) direct general obligations of the United States of America; (ii) obligations the timely payment of principal of and interest on which is fully and unconditionally guaranteed by the United States of America; (iii) general obligations of the agencies and instrumentalities of the United States Escrow rev 7,2006 of America acceptable to Lessor; (iv) certificates of deposit, time deposits or demand deposits with any bank or savings institution including the Escrow Agent or any affiliate thereof, provided that such certificates of deposit, time deposits or demand deposits, if not insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, are fully secured by obligations described in (i), (ii) or (iii) above; or (v) repurchase agreements with any state or national bank or trust company, including the Escrow Agent or any affiliate thereof, that are secured by obligations of the type described in (i), (ii) or (iii) above, provided that such collateral is free and clear of claims of third parties and that the Escrow Agent or a third party acting solely as agent for the Escrow Agent has possession of such collateral and a perfected first security interest in such collateral; or (vi) money market mutual funds that are invested in securities described in (i), (ii) or (iii) and that are rated "Aaa" by Moody's Investors Service or "AAAm-G" by Standard & Poor's Ratings Services or the comparable rating by Fitch ISCA, Inc, 7. Moneys in the Acquisition Fund shall be used to pay for the cost of acquisition of the Equipment listed in the Schedule and to pay interest portions of Rental Payments on each Payment Date on the Rental Payment Schedule, if any, that is prior to the first Payment Date on which a principal portion of a Rental Payment is due, Such payment shall be made from the Acquisition Fund upon presentation to the Escrow Agent in physical or facsimile form of one or more properly executed Payment Request and Acceptance Certificates, a form of which is attached as Exhibit S, executed by Lessee and approved by Lessor, together with an invoice for the cost of the acquisition of said Equipment or payment of interest for which payment is requested and a written approval by Lessor of the Vendor be paid. In making any disbursement pursuant to this Section 7, the Escrow Agent may conclusively rely as to the completeness and accuracy of all statements in such Payment Request and Acceptance Certificate, and the Escrow Agent shall not be required to make any inquiry, inspection or investigation in connection therewith. The approval of each Payment Request and Acceptance Certificate by the Lessor shall constitute unto the Escrow Agent an irrevocable determination by the Lessor that all conditions precedent to the payment of the amounts set forth therein have been completed. 8, The Acquisition Fund shall terminate upon the occurrence of the earlier of (a) the presentation of a proper Payment Request and Acceptance Certificate and the Final Acceptance Certificate, a form of which is attached as Exhibit C, properly executed by Lessee, or (b) the presentation of written notification by the Lessor, or, if the Lessor shall have assigned its interest under the Schedule, then the assignees or subassignees of all of Lessor's interest under the Schedule or an Agent on their behalf, that the Agreement has been terminated with respect to the Schedule pursuant to Section 4 (a) or (e) of the Agreement. Upon termination as described in clause (a) of this paragraph, any amount remaining in the Acquisition Fund shall be used to prepay the principal portion of Rental Payments unless Lessor directs that payment of such amount be made in such other manner directed by Lessor that, in the opinion of nationally recognized counsel in the area of tax-exempt municipal obligations satisfactory to Lessor, will not adversely affect the exclusion of the interest components of Rental Payments from gross income for federal income tax purposes, If any such amount is used to prepay principal, the Rental Payment Schedule attached to the Schedule shall be revised accordingly as specified by Lessor. Upon termination as described in clause (b) of this paragraph, any amount remaining in the Acquisition Fund shall immediately be paid to Lessor or to any assignees or subassignees of Lessor interest in this Schedule, 9, The Escrow Agent may at any time resign by giving at least 30 days written notice to Lessee and Lessor, but such resignation shall not take effect until the appointment of a successor Escrow Agent. The substitution of another bank or trust company to act as Escrow Agent under this Escrow Agreement may occur by written agreement of Lessor and Lessee. In addition, the Escrow Agent may be removed at any time, with or without cause, by an instrument in writing executed by Lessor and Lessee, In the event of any resignation or removal of the Escrow Agent, a successor Escrow Agent shall be appointed by an instrument in writing executed by Lessor and Lessee. Such successor Escrow Agent shall indicate its acceptance of such appointment by an instrument in writing delivered to Lessor, Lessee and the predecessor Escrow Agent. Thereupon such successor Escrow Agent shall, without any further act or deed, be fully vested with all the trusts, powers, rights, duties and obligations of the Escrow Agent under this Escrow Agreement and the predecessor Escrow Agent shall deliver all moneys and securities held by it under this Escrow Agreement to such successor Escrow Agent whereupon the duties and obligations of the predecessor Escrow Agent shall cease and terminate. If a successor Escrow Agent has not been so appointed with 90 days of such resignation or removal, the Escrow Agent may petition a court of competent jurisdiction to have a successor Escrow Agent appointed, 10, Any corporation or association into which the Escrow Agent may be merged or converted or with or into which it may be consolidated, or to which it may sell or transfer its corporate trust business and assets as a whole or substantially as a whole, or any corporation or association resulting from any merger, conversion, sale, consolidation or transfer to which it is a party, shall be and become successor Escrow Agent hereunder and shall be vested with all the trusts, powers, rights, obligations, duties, remedies, immunities and privileges hereunder as was its predecessor, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, 11, The Escrow Agent incurs no responsibility to make any disbursements pursuant to the Escrow Agreement except from funds held in the Acquisition Fund, The Escrow Agent makes no representations or warranties as to the title to any Equipment listed in the Schedule or as to the performance of any obligations of Lessor or Lessee. Escrow rev 7.2006 -2- 12, The Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine, may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so, The Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner and execution, or validity of this Escrow Agreement other than its own execution thereof or any instrument deposited with it, nor as to the identity, authority or right of any person executing the same; and its duties hereunder shall be limited to those specifically provided herein, 13, Unless the Escrow Agent is guilty of negligence or willful misconduct with regard to its duties hereunder, Lessee, to the extent permitted by law, and Lessor jointly and severally hereby agree to indemnify the Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expense, fees or charges of any character or nature, which it may incur or with which it may be threatened by reason of its acting as Escrow Agent under this Escrow Agreement; and in connection therewith, to indemnify the Escrow Agent against any and all expenses, including reasonable attorneys' fees and the cost of defending any action, suit or proceeding or resisting any claim. 14, The aggregate amount of the costs, fees, and expenses of the Escrow Agent in connection with the creation of the escrow described in and created by this Escrow Agreement and in carrying out any of the duties, terms or provisions of this Escrow Agreement is an initial fee in the amount of $200, to be paid by Lessor concurrently with the execution and delivery of this Escrow Agreement, and an annual fee in the amount of $1,000, to be paid by Lessor concurrently with the execution and delivery of this Escrow Agreement and thereafter on each one year anniversary of such date Notwithstanding the preceding paragraph, the Escrow Agent shall be entitled to reimbursement from Lessor of reasonable out-of- pocket, legal or extraordinary expenses incurred in carrying out the duties, terms or provisions of this Escrow Agreement. Claims for such reimbursement may be made to Lessor and in no event shall such reimbursement be made from funds held by the Escrow Agent pursuant to this Escrow Agreement. The Escrow Agent agrees that it will not assert any lien whatsoever on any of the money or Qualified Investments on deposit in the Escrow Fund for the payment of fees and expenses for services rendered by the Escrow Agent under this Escrow Agreement or otherwise, 15. If Lessee, Lessor or the Escrow Agent shall be in disagreement about the interpretation of the Agreement or this Escrow Agreement, or about the rights and obligations, or the propriety of any action contemplated by the Escrow Agent hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action to resolve the disagreement. The Escrow Agent shall be indemnified by Lessor and Lessee, to the extent permitted by law, for all costs, including reasonable attorneys' fees and expenses, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under this Escrow Agreement until a final judgment in such action is received. 16, The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection for any action or non-action taken by the Escrow Agent in accordance with the opinion of such counsel. The Escrow Agent shall otherwise not be liable for any mistakes of facts or errors of judgment, or for any acts or omissions of any kind unless caused by its negligence or willful misconduct. 17, All notices, consents, waivers and other communications required or permitted under this Escrow Agreement shall be in writing and shall be deemed given to a party when (a) delivered to the appropriate address by hand or by a nationally recognized overnight courier service (costs prepaid), (b) sent by facsimile or e-mail (with confirmation by the transmitting equipment), or (c) received by the addressee, if sent, by certified mail, return receipt requested, in each case to the following addresses and facsimile numbers and marked to the attention of the person (by name or titled) designated, in the case of Lessor or Lessee, in the Agreement, and, in the case of the Escrow Agreement, below (or to such other address, facsimile number or person as a party may designate by notice to the other parties): UMB Bank, n,a. Corporate Trust Department 2401 Grand Blvd" Suite 200 Kansas City, MO 64108 Escrow rev 7,2006 -3- 18, This Escrow Agreement shall be governed by and construed in accordance with the laws of the state in which the Escrow Agent is located, 19. In the event any provision of this Escrow Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, 20, This Escrow Agreement may not be amended except by a written instrument executed by Lessor, Lessee and the Escrow Agent. 21, This Escrow Agreement may be executed in several counterparts, each of which so executed shall be an original. The parties agree that the arrangement described herein may be conducted and related documents may be stored by electronic means. IN WITNESS WHEREOF, Lessor, Lessee and the Escrow Agent have caused this Escrow Agreement to be executed by their duly authorized representatives, CITIMORTGAGE. INC. LESSOR By: Title: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS LESSEE By: Title: UMB BANK, n.a. ESCROW AGENT By: Title: Escrow rev 7.2006 -4- [SHORT-FORM EXHIBIT A-LEASE SCHEDULE EXEMPT FROM ARBITRAGE REBATE UNDER THE SMALL-ISSUER ($5-$10 MILLION) EXCEPTION:] EXHIBIT A ARBITRAGE INSTRUCTIONS These Arbitrage Instructions provide procedures for complying with § 148 of the Internal Revenue Code of 1986, as amended (the "Code"), in order to preserve the exclusion from federal gross income of the interest portions of the Rental Payments under the Schedule, 1. Temporary PeriodNield Restriction. Except as described in this paragraph, money in the Acquisition Fund must not be invested at a yield greater than the yield on the Schedule, Proceeds of the Schedule in the Acquisition Fund and investment earnings on such proceeds may be invested without yield restriction for three years after the Commencement Date of the Schedule, If any unspent proceeds remain in the Acquisition Fund after three years, such amounts may continue to be invested without yield restriction so long as Lessee pays to the IRS all yield reduction payments under § 1,148-5(c) of the Treasury Regulations, 2. Opinion of Bond Counsel. These Arbitrage Instructions may be modified or amended in whole or in part upon receipt of an opinion of nationally recognized counsel in the area of tax-exempt municipal obligations, satisfactory to Lessor, that such modifications and amendments will not adversely affect the exclusion of the interest components of Rental Payments from gross income for federal income tax purposes. Escrow rev 7,2006 A-l [LONG-FORM EXHIBIT A-LEASE SCHEDULE IS SUBJECT TO ARBITRAGE REBATE:] EXHIBIT A ARBITRAGE INSTRUCTIONS These Arbitrage Instructions provide procedures for complying with § 148 of the Internal Revenue Code of 1986, as amended (the "Code"), in order to preserve the exclusion from federal gross income of the interest portions of the Rental Payments under the Schedule. 1. Definitions. Unless the context otherwise requires, in addition to the terms defined in the Agreement, the Escrow Agreement, and the Regulations, the following capitalized terms are defined: "Bond Counsel" means Gilmore & Bell, P,C, or other nationally recognized counsel in the area of tax-exempt municipal obligations, satisfactory to Lessor. "Computation Date" means the date as of which arbitrage rebate for the Schedule is computed. Escrow Agent shall select the Computation Date consistent with these Arbitrage Instructions and the Regulations. The Computation Date must occur on or before the earlier of (a) the fifth anniversary of the Commencement Date, or (b) the date the Schedule is terminated, "Gross Proceeds" means all amounts in the Acquisition Fund, "Guaranteed Investment Contract" is any Investment with specifically negotiated withdrawal or reinvestment provIsions and a specifically negotiated interest rate. The term also includes any agreement to supply Investments on two or more future dates (e,g" a forward supply contract), "Investment" generally means any security, obligation, annuity contract or other investment-type property that is purchased directly with, or otherwise allocated to, Gross Proceeds. Such term does not include any tax-exempt bond, except for "specified private activity bond" as defined in Code § 57(a)(5)(C) (regarding the alternative minimum tax), "Rebate Analyst" means Bond Counsel, an independent certified public accountant, or such other person or firm selected by Lessee, and acceptable to Lessor, to compute arbitrage rebate. "Regulations" means U,S, Treasury Regulations §§ 1.148-0 through 1.148-11, 1.149(d)-1, 1,149(g)-1, 1,150-1 and 1.150-2, as amended, and any other temporary, proposed or final regulations issued by the U.S. Treasury Department to implement the requirements of Code § 148(f) and applicable to the Schedule. 2. Temporary PeriodNield Restriction. Except as described in this paragraph, money in the Acquisition Fund must not be invested at a yield greater than the yield on the Schedule. Proceeds of the Schedule in the Acquisition Fund and investment earnings on such proceeds may be invested without yield restriction for three years after the Commencement Date of the Schedule, If any unspent proceeds remain in the Acquisition Fund after three years, such amounts may continue to be invested without yield restriction so long as Lessee pays to the IRS all yield reduction payments under § 1,148-5(c) of the Treasury Regulations, 3. Fair Market Value. (a) General, No Investment may be acquired with Gross Proceeds for an amount (including transaction costs) in excess of the fair market value of such Investment, or sold or otherwise disposed of for an amount (including transaction costs) less than the fair market value of the Investment. The fair market value of an Investment is the price a willing buyer would pay to a willing seller to acquire the Investment in a bona fide, arm's-length transaction. Fair market value must be determined in accordance with § 1,148-5 of the Regulations, (b) Established Securities Market. Except for Investments purchased for a yield-restricted defeasance escrow, if an Investment is purchased or sold in an arm's-length transaction on an established securities market (within the meaning of Code § 1273), the purchase or sale price constitutes the fair market value, Where there is no established securities market for an Investment, market value must be established using one of the paragraphs below. The fair market value of Investments purchased for a yield-restricted defeasance escrow must be determined in a bona fide solicitation for bids that complies with § 1.148-5 of the Regulations. (c) Certificates of Deposit. The purchase price of a certificate of deposit (a "CD") is treated as its fair market value on the purchase date if (i) the CD has a fixed interest rate, a fixed payment schedule, and a substantial penalty for early withdrawal; (ii) the yield on the CD is not less than the yield on reasonably comparable direct obligations of the United States; and (iii) the yield is not less than the highest yield published or posted by the CD issuer to be currently available on reasonably comparable CDs offered to the public, (d) Guaranteed Investment Contracts, The purchase price of a Guaranteed Investment Contract is treated as its fair market value on the purchase date if all of the following requirements are met- (1) Bona Fide Solicitation for Bids, Lessee or Escrow Agent makes a bona fide solicitation for the Guaranteed Investment Contract, using the following procedures: (A) The bid specifications are in writing and are timely forwarded to potential providers, Escrow rev 7,2006 A-I (B) The bid specifications include all "material" terms of the bid, A term is material if it may directly or indirectly affect the yield or the cost of the Guaranteed Investment Contract. (C) The bid specifications include a statement notifying potential providers that submission of a bid is a representation (a) that the potential provider did not consult with any other potential provider about its bid, (b) that the bid was determined without regard to any other formal or informal agreement that the potential provider has with Lessee or Escrow Agent, or any other person (whether or not in connection with the Schedule), and (c) that the bid is not being submitted solely as a courtesy to Lessee or Escrow Agent, or any other person, for purposes of satisfying the requirements of § 1,148-5 of the Regulations, (D) The terms of the bid specifications are "commercially reasonable." A term is commercially reasonable if there is a legitimate business purpose for the term other than to increase the purchase price or reduce the yield of the Guaranteed Investment Contract. (E) The terms of the solicitation take into account Lessee's reasonably expected deposit and draw-down schedule for the amounts to be invested. (F) All potential providers have an equal opportunity to bid. For example, no potential provider is given the opportunity to review other bids (i.e" a last look) before providing a bid, (G) At least 3 "reasonably competitive providers" are solicited for bids. A reasonably competitive provider is a provider that has an established industry reputation as a competitive provider of the type of investments being purchased, (2) Bids Received. The bids received by Lessee or Escrow Agent must meet all of the following requirements: (A) Lessee or Escrow Agent receives at least 3 bids from providers that were solicited as described above and that do not have a "material financial interest" in the issue, For this purpose, (a) a lead underwriter in a negotiated undelWriting transaction is deemed to have a material financial interest in the issue until 15 days after the Commencement Date of the issue; (b) any entity acting as a financial advisor with respect to the purchase of the Guaranteed Investment Contract at the time the bid specifications are forwarded to potential providers has a material financial interest in the issue; and (c) a provider that is a related party to a provider that has a material financial interest in the issue is deemed to have a material financial interest in the issue, (B) At least one of the 3 bids received is from a reasonably competitive provider, as defined above, (C) If Lessee or Escrow Agent uses an agent or broker to conduct the bidding process, the agent or broker did not bid to provide the Guaranteed Investment Contract. (3) Winnina Bid. The winning bid is the highest yielding bona fide bid (determined net of any broker's fees), (4) Fees Paid, The obligor on the Guaranteed Investment Contract certifies the administrative costs that it pays (or expects to pay, if any) to third parties in connection with supplying the Guaranteed Investment Contract. (5) Records, Escrow Agent retains the following records with the Agreement documents until 3 years after the Schedule is terminated: (A) A copy of the Guaranteed Investment Contract, (B) The receipt or other record of the amount actually paid by Lessee or Escrow Agent for the Guaranteed Investment Contract, including a record of any administrative costs paid by Lessee or Escrow Agent, and the certification as to fees paid, described in section 3(d)(4) above, (C) For each bid that is submitted, the name of the person and entity submitting the bid, the time and date of the bid, and the bid results. (D) The bid solicitation form and, if the terms of Guaranteed Investment Contract deviated from the bid solicitation form or a submitted bid is modified, a brief statement explaining the deviation and stating the purpose for the deviation, 4. Spending Exceptions. (a) Six-Month Exception. (1) The obligation to pay arbitrage rebate to the United States will be treated as satisfied if the Gross Proceeds (as modified below) are allocated to expenditures for the governmental purposes of the Schedule within 6 months after the Commencement Date, (2) For purposes of paragraph (1) above, Gross Proceeds do not include amounts in a bona fide debt service fund or a reasonably required reserve or replacement fund, or amounts that become Gross Proceeds after the end of the 6-month spending period, but were not anticipated as of the Commencement Date, The Schedule meet the 6-month spending test even if, at the end of Escrow rev 7,2006 A~2 the 6-month period, Gross Proceeds not exceeding 5% of the sale proceeds of the Schedule remain unspent, so long as such Gross Proceeds are spent within 1 year after the Commencement Date. But the use of Gross Proceeds to pay any portion of the principal components of any Rental Payments cannot be treated as an expenditure of Gross Proceeds for the purpose of this spending exception, (b) Eighteen-Month Exception. (1) The obligation to pay arbitrage rebate to the United States will be treated as satisfied if the Gross Proceeds (as modified below) are allocated to expenditures for the governmental purposes of the Schedule in accordance with the following schedule: Time Period After the Commencement Date 6 months 12 months 18 months Minimum Percentage of Gross Proceeds Spent 15% 60% 100% (2) For purposes of paragraph (1) above, Gross Proceeds do not include amounts in a bona fide debt service fund or a reasonably required reserve or replacement fund, or amounts that become Gross Proceeds after the end of the 18-month spending period, but were not anticipated as of the Commencement Date. The Schedule meet the 18-month spending test even if, at the end of the 18-month period, Gross Proceeds not exceeding a "reasonable retainage" remain unspent, so long as such proceeds are allocated to expenditures within 30 months after the Commencement Date. For this purpose, reasonable retainage means Gross Proceeds retained by Lessee for reasonable business purposes, such as to ensure or promote compliance with a construction contract; except that such amount cannot exceed 5% of net sale proceeds of the Schedule on the date 18 months after the Commencement Date, In addition, the failure to satisfy the final spending requirement at the end of the 18-month period is disregarded if Lessee uses due diligence to complete the acquisition, delivery, and installation of the Equipment and the amount of the failure does not exceed the lesser of 3% of the aggregate issue price of the Schedule or $250,000. But the use of Gross Proceeds to pay any portion of the principal components of any Rental Payments cannot be treated as an expenditure of Gross Proceeds for the purpose of this spending exception, 5. Computation and Payment of Arbitrage Rebate. (a) Computation of Arbitrage Rebate. Lessee shall engage a Rebate Analyst (1) to determine whether the Schedule meets one of the spending exceptions from rebate described above, and (2) if necessary, to compute arbitrage rebate as of the Computation Date in accordance with the Regulations. Such determination and computation must be completed within 45 days after the Computation Date, Not later than 50 days after the Computation Date, Lessee shall give written notice to Lessor and Escrow Agent by first class mail, postage prepaid, including a copy of such computation, showing the arbitrage rebate due, together with an opinion or certificate of the Rebate Analyst stating that arbitrage rebate was determined in accordance with the Regulations, (b) Rebate Payments, Within 60 days after the Computation Date, Lessee shall pay to the United States 100% of the rebate amount. Such payment must be (1) accompanied by IRS Form 8038-T and such other forms, documents or certificates as may be required by the Regulations, and (2) mailed or delivered to the IRS at the address shown below, or to such other location as the IRS may direct: Internal Revenue Service Center Ogden, UT 84201 Lessee shall provide to Lessor and Escrow Agent a copy of any checks and other documentation filed with the IRS, 6. Records. Lessee shall retain detailed records with respect to (a) each computation of arbitrage rebate; (b) dates and amounts of all expenditures of Gross Proceeds; (c) the purchase, sale, and redemption of each Investment, including purchase date; purchase price, including any accrued interest paid; face amount; coupon rate; frequency of interest payments; sale or redemption date; sale or redemption price, including any accrued interest received; and (d) information establishing the fair market value on the date such Investment was purchased or sold (if required by paragraph 3 of these Arbitrage Instructions). Lessee must retain all such records until six years after the Schedule is terminated. 7. Filing Requirements. Lessee shall file or cause to be filed with the IRS such reports or other documents as are required by the Code in accordance with an opinion of Bond Counsel. 8. Survival after Defeasance. Notwithstanding anything in the Agreement to the contrary, the obligation to pay arbitrage rebate to the United States and to comply with all other requirements contained in these Arbitrage Instructions and in the Regulations will survive the payment or termination of the Schedule, 9. Opinion of Bond Counsel. These Arbitrage Instructions may be modified or amended in whole or in part upon receipt of an opinion of Bond Counsel to the effect that such modifications and amendments will not adversely affect the exclusion of the interest components of Rental Payments from gross income for federal income tax purposes. Escrow rev 7,2006 A-3 EXHIBIT B FORM OF PAYMENT REQUEST AND ACCEPTANCE CERTIFICATE To: UMB BANK, n,a" Escrow Agent 2405 Grand Blvd" Suite 200 Kansas City, MO 64108 and Citimortaaae. Inc, , Lessor 450 Mamaroneck Avenue Harrison. NY 10528 Re: Saint Lucie Countv Board of Countv Commissioners, Equipment Acquisition Fund No, established by the Escrow Trust Agreement, dated as of ' 2007, (the "Escrow Agreement") among Citimortgage, Inc., ("Lessor"), Saint Lucie County Board of County Commissioners, ("Lessee") and UMB Bank, n,a" as Escrow Agent (the "Escrow Agent") Ladies and Gentlemen: The Escrow Agent is hereby requested to pay from the Acquisition Fund to the person or corporation designated below as Payee, the sum set forth below in payment of a portion or all of the cost of the acquisition of the equipment or the interest portions of Rental Payment(s) described below, The amount shown below is due and payable under the invoice of the Payee attached hereto with respect to the cost of the acquisition of the equipment or payment of the interest portions of Rental Payment(s) and has not formed the basis of any prior request for payment. A, [Complete Section A if payment is for Equipment.] The equipment described below is part or all of the "Equipment" that is listed in the Equipment Description attached to Schedule No, - to the Master State and Municipal Lease/Purchase Agreement (the "Agreement") described in the Escrow Agreement. Quantity Serial Number Item Amount Payee: Florida Power & Liaht Service Lessee hereby certifies and represents to and agrees with Lessor and the Escrow Agent as follows: (1) The Equipment described above has been delivered, installed and accepted on the date hereof, (2) Lessee has conducted such inspection and/or testing of said Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts said Equipment for all purposes. (3) Lessee is currently maintaining the insurance coverage required by Section 18 of the Agreement. Escrow rev 7,2006 B-1 (4) No event or condition that constitutes. or with notice or lapse of time or both would constitute, an Event of Default (as such term is defined in the Agreement) exists at the date hereof, B, [Complete Section B if payment is for interest portion of Rental payment(s).J The interest portion of Rental Payment(s) described below is the interest portion of one or more Rental Payments set forth on the Rental Payment Schedule attached to Schedule No. 001 to the Master State and Municipal Lease/Purchase Agreement (the "Agreement") described in the Escrow Agreement and is due on a Payment Date that is prior to the first Payment Date on which a principal portion of a Rental Payment is due, Pavment Date April 16, May 16, June 16, July 16, August 16, September 16, October 16, November 16, December 16,2007, January 16, February 16, March 16, 2008 Amount Twelve (12) Payment of $4,920,31 Each Payee: Citimortaaae, Inc. 450 Mamaroneck Avenue Harrison, NY 10528 Lessee hereby certifies and represents with Lessor and the Escrow Agent that no event or condition that constitutes, or with notice or lapse of time or both would constitute, an Event of Default (as such term is defined in the Agreement) exists at the date hereof, Dated: ,20_. SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS LESSEE By: Title: APPROVED: CITIMORTGAGE, INC, LESSOR By: Title: Escrow rev 7,2006 B-2 EXHIBIT C FINAL ACCEPTANCE CERTIFICATE rrHIS CERTIFICATE IS TO BE EXECUTED ONLY WHEN ALL EQU IPMENT HAS BEEN ACCEPTED] The undersigned hereby certifies that the equipment described above. together with the equipment described in and accepted by Payment Request and Acceptance Certificates previously filed by Lessee with the Escrow Agent and Lessor pursuant to the Escrow Agreement. constitutes all of the Equipment subject to Schedule No. 001 Dated: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS LESSEE By: Title: Escrow rev 7,2006 C-I .. 03/09/07 FZABWARR FUND 001 001164 001167 001172 001177 001180 001182 001404 001411 001415 001418 001419 001424 001814 101 101002 101003 101004 102 102001 102803 105 107 107001 '002 /003 107006 107204 111 112 115 118 120 122 129 130 139 140 140001 140328 150 160 170 183 183001 183004 183006 184211 ..... ST. LUCIE COUNTY - BOARD WARRANT LIST #23- 03-MAR-2007 TO 09-MAR-2007 FUND SUMMARY TITLE General Fund USDOJ Violence Against Women Grant FTA Section 5303 Grant FY 05 CDBG Grant FY 05 Section 112/MPO/FHWA/Planning 2006 US Dept Housing HUD Shelter Plus Gr CSBG Grant FY07 05 CDBG Sup Disaster Recovery Trip Grant FY 07 TDC Planning Grant FY 07 FDCA EMPA FY07 FDCA-Construct County EOC Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park, S L C Stor.mwtr Imp. Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil River Park I Fund River Park II Fund Sheraton Plaza Fund Paradise Park Fund The Grove Fund Indian River Estates Fund Parks MSTU Fund SLC Public Transit MSTU Palm Grove Fund Port & Airport Fund Port Fund FDOT Land Acquisitions/Planning Stu Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP South SLC Beach Restoration EXPENSES 598,990.56 51,252.83 149.40 999.00 1,743.78 12.56 1,936.50 205,287.78 147,815.36 307.09 289.33 5,857.50 1,648.07 380.68 17,493.03 113,789.84 33,223.00 13,488.54 29,183.31 30,096.70 82,690.00 693.60 250,874.61 2,074.63 4,139.42 2,162.77 2,536.21 189.51 2,728.25 581. 74 531.66 734.85 171.84 989.94 461,294.99 87,946.21 728.00 113,786.64 75.48 28,627.88 572.23 1,903.21 18,780.70 6,427.40 184.02 890.78 1,203.68 3,450.00 PAGE PAYROLL 629,619.64 167.60 274.08 0.00 4,721.89 0.00 1,722.09 1,162.41 0.00 1,992.24 0.00 0.00 1,999.99 1,391.91 44,665.37 66,917.99 36,497.17 19,001. 84 86,764.41 8,434.62 0.00 0.00 132,897.16 1,019.04 2,006.24 0.00 7,815.44 1,507.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9,780.05 0.00 13,719.39 0.00 0.00 2,130.40 3,268.96 0.00 0.00 0.00 2,781.45 0.00 0.00 1 03/09/07 FZABWARR FUND 185007 185008 242 310001 310002 310003 316 316301 382 401 418 451 458 461 471 478 479 491 505 611 615 625 630 801 ;~. ST. LUCIE COUNTY - BOARD WARRANT LIST #23- 03-MAR-2007 TO 09-MAR-2007 FUND SUMMARY TITLE FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Port I&S Fund Impact Fees-Library Impact Fees-Parks Impact Fees-Public Buildings County Capital FDOT Intermodal Improvements Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Tax Deed Overbid Agency Fund Bank Fund GRAND TOTAL: EXPENSES 275.64 816.26 1,000.00 35,795.45 135,684.60 756,729.00 59,729.56 6,930.00 1,965.20 570,206.36 22,846.41 1,579.71 151. 00 11,356.27 19,589.11 241.04 396.81 55,885.69 491,632.83 10,176.73 201,449.10 4,774.62 20,454.83 247,280.56 4,987,861.89 PAGE PAYROLL 1,021.00 2,987.14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 63,388.59 22,394.63 1,965.88 539.54 22,491. 21 7,955.53 868.32 1,451. 98 64,307.78 5,803.31 1,482.95 0.00 0.00 0.00 0.00 1,278,916.34 2 ,;4 , AGENDA REQUEST ITEM NO. U~ DA TE: March 13, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD Of COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 07-013 (flk/a No. 06-042) - Creating Section 7.10.27 of the Land Development Code - Placement of Communications Systems or Facilities in the Public Rights-of-Way; Permission to advertise BACKGROUND: See attached memorandum fUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board grant permission to advertise Ordinance No. 07-013. )Cj APPROVED [] DENIED [ ] OTHER: Approved 5-0 u I Anderson County Administrator COMMISSION ACTION: Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 ", INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO.: 07-351 DATE: February 28, 2007 SUBJECT: Ordinance No. 07-013 (flk/a 06-042) - Creating Section 7.10.27 of the Land Development Code - Placement of Communications Systems or Facilities in the Public Rights-of-Way; Permission to Advertise ************************************************************************************* BACKGROUND: Attached is a copy of draft Ordinance No. 07-013 which, if adopted, would provide the terms and conditions for erecting, constructing and maintaining placement of one or more communications systems or facilities in the public rights-of-way of the County for the provision of communications service. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 07- 013. Respectfully submitted, JVV-- Katherine Mackenzie-Smith Assistant County Attorney KMS/ caf Attachment ORDINANCE NO. 07-013 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, CREATING SECTION 7.10.27 OF THE COUNTY LAND DEVELOPMENT CODE TO PROVIDE THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND MAINTAINING OF A COMMUNICATIONS FACILITY IN THE COUNTY'S PUBLIC RIGHTS-OF-WAY FOR THE PROVISION OF COMMUNICATIONS SERVICE; PROVIDING A CODIFICATION CLAUSE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY AND APPLICABILITY CLAUSE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. T resolutions necessary fo violations of ordinances i 5.01(1 ) to adopt ordinances and to prescrib fines and penalties for the 3. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97 -01 - 97-03 - 99-02 - 99-04 - 99-15 - 99-17 - 00-10 - March 14, 1991 November 7, 1991 February 16, 1993 May 25, 1993 May 25,1993 August 16, 1994 January 10, 1995 March 4,1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7, 1999 June 13, 2000 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 96-10 - 97-09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - 00-11 - Strl:Jcl( tkrel:Jgk passages are deleted, Underlined passages are added. Page 1 of 27 May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 02, 1999 November 2, 1999 June 13, 2000 00-12 - 01-03 - 02-09 - 02-29 - 04-02- 04-33- 05-03- 05-07- 05-23- 06-13- June 13, 2000 December 18, 2001 March 5, 2002 October 15, 2002 January 20, 2004 December 7, 2005 August 2, 2005 January 18, 2005 September 20, 2005 June 6,2006 00-13 - 02-05 - 02-20 - 03-05 - 04-07- 05-01- 05-04- 05-16- 06-05- June 13, 2000 June 24, 2002 October 15, 2002 October 7, 2003 April 20, 2004 March 15, 2005 August 2,2005 August 16, 2005 April 18, 2006 4.. On , the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 5.. On , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on May 25, 2005. 6. On , 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 7. The prop ie County nd Development Code are consistent with the gen 0 c es nd standa 's of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. WHEREAS, Section 337.401, Florida Statutes provides that because of the unique circumstances applicable to providers of Communications services and the fact that federal and state law require the nondiscriminatory treatment of providers of Communications services, and because of the desire to promote competition among providers of Communications services, it is the intent of the Legislature that municipalities and counties treat providers of Communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement and maintenance of Communications facilities in the public roads or rights-of-way. Rules and regulations imposed by a municipality or county relating to the placement or maintenance of Communications facilities in its roads or rights-of-way must be generally applicable to all providers of Communications services, and, notwithstanding any other law, may not require a provider of Communications services, except as otherwise provided for providers of cable service, to apply for or enter into an individual license, franchise or other similar agreement with the municipality or county as a condition of placing or maintaining Communications facilities in its roads or rights-of-way; and Str\:leh tkp61:1gn passages are deleted. Underlined passages are added, Page 2 of 27 WHEREAS, the Board of County Commissioners of St. Lucie County ("Board" or "Board of County Commissioners") has determined it is in the public interest of the County to permit the placement of one (1) or more Communications systems or facilities in the public rights-of-way of the County; and WHEREAS, it is the intent of the Board of County Commissioners to encourage competition by providing access to the public rights-of-way to the County on a nondiscriminatory basis; and WHEREAS, Sections 337.401 and 364.0361, Florida Statutes, require that a local government treat Communications companies in a nondiscriminatory manner when exercising the authority to manage the public rights-of-way; and WHEREAS, it is the intention of the Board of County Commissioners to recognize the interests of Communications service providers to ,install their facilities in public rights-of-way as a means of promoting the use of such technology for the good of the people of the County; and WHEREAS, it is the intent of the Board of County Commissioners to exercise the County's authority over the Communications service providers' occupancy of the public rights-of-way; and WHEREAS, those policies are in complete accord with both the letter and the spirit of the Communications Act of 1934, as amended; and WHEREAS, the statutes of the State of resulted in an increase in to provide Communication endments to applicable echnologyand services have a Public Service Commission WHEREAS, various Communications service providers have requested or may request the right to occupy the public rights-of-way of the County for the purpose of installing, maintaining and operating Communications systems or facilities; and WHEREAS, it is the County's intent to treat each Communications Service Provider on a competitively neutral and nondiscriminatory basis in granting access for use of the County's public rights-of-way; and WHEREAS, the public rights-of-way subject to the jurisdiction and control of the County (1) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) are a unique and physically limited resource and proper management by the County is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, placement, relocation, and maintenance in the public rights-of-way; (3) are intended for public uses and must be managed and controlled consistently with that intent; and Strl:Jeh threl:J!: R passages are deleted. Underlined passages are added, Page 3 of 27 WHEREAS, it is the intent of the County to exercise its authority to impose fees and adopt reasonable rules and regulations to the fullest extent allowed by federal and state law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows, include: CHAPTER VII 7.10.00 SUPPLEMENTAL STANDARDS SECTION 7.10.27 COMMUNICATIONS Section 1. Intent and Purpose. St. Lucie County (the "County") hereby declares as a legislative finding that the public rights-of-way within the County are a unique and physically limited resource that are critical to the travel and transport of persons and property in the County; that the public rights-of-way must be managed and controlled in a manner that enhances the health. safety and general welfare of the County and its citizens; and that the use and occupancy of the public rights-of-way by providers of Communications services must be subject to regulation which can ensure minimal inconvenience to the public. coordinate use.~~. maximi~e.~.vailable space. red~~~~aint~na~~~ .and costs to the public. and facilitate entr 0 andÖ' i'tit.. al nut1lè¡i~4¡of rovide s ofdlttJf~-Cd_1fIITrëf:ions and other services in the public interest. ¡V, . 11 It is the intent 0 n u IC health sd¡';et and eneral wel are b : providing for the placement or maintenance of Communicâtions facilities in the public rights-of-way within the County limits: adopting and administering reasonable rules. regulations and general conditions not inconsistent with state and federal law. including Section 337.401. Florida Statutes (2003). as it may be amended from time to time. and in accordance with the provisions of the Federal Communications Act of 1996 and other federal and state law; establish reasonable rules. regulations and general conditions necessary to manage the placement and maintenance of Communications facilities in the public rights-of-way by all Communications service providers; minimize disruption to the public rights-of-way; and require the restoration of the public rights-of- way to original condition. This ordinance shall apply to any entity who seeks to construct. place, install. maintain or operate a Communications system or facilities. as such terms are defined herein. in the public rights-of-way. unless otherwise exempt by operation of applicable state law. This ordinance shall not apply to the provision of cable service nor to towers and antennas installed for the provision of wireless communication services. Str\:ld( threl:lgk passages are deleted, Underlined passages are added, Page 4 of 27 Section 2. Definitions. For the purpose of this ordinance. the following words. terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words not otherwise defined in this section or in any permit that might be granted under this article shall be given the meaning set forth in the Communications Act of 1934. 47 V.S.C. Section 151 et seq.. as amended (collectively. the "Communications Act"), and. if not defined therein, as defined by state statute; and. if not defined therein. be construed to mean the common and ordinary meaning. A. Abandonment means the permanent cessation of all uses of a Communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit. where the conduit continues to be used, shall not be Abandonment of a facility in the public rights-of-way. B. Affiliate means each person. directly or indirectly. controlling. controlled by. or under common control with a Communications services provider that is registered with the County; provided that affiliate shall in no event mean any limited partner. member. or shareholder holding an interest of less than Fifteen percent (15'Yo) in such Communications services provider. D. Co-locate or co-location means the shared use of facilities, such as poles, ducts or conduit. including but not limited to the placement of conduit owned by more than one user of the public rights-of-way in the same trench or boring and the placement of equipment owned by more than one user in the same conduit. Co-location does not include interconnection of facilities or the sale or purchase of capacity. E. Communications Company or Telecommunications Company has the meaning set forth in Section 364.02(12), Florida Statutes. and includes any company providing communications services as defined in Section 202.11(2) and Section 337.401(6), The term Communications Company does not include an open video system or -a cable service provider. F. Communications facility. facility or facilities means any facility that may be used Str\:leh threl\:lgh passages are deleted. Underlined passages are added, Page 5 of 27 to provide Communications Services. including but not limited to, equipment or property. including, but not limited to, cables. conduits. converters, splice boxes. cabinets" manholes. vaults. equipment. drains, surface location markers. appurtenances. located, to be located. used. or intended to be used. in the Public Rights-of-Way of the County to transmit, convey. route. receive, distribute, provide or offer Communications Services. G. Communications Pass- Through Provider means any person who places or maintains a Communications Facility in the roads or right of way of the County and who does not remit taxes imposed pursuant to Chapter 202 Florida Statutes. H. Communications services shall include. without limitation, the transmission, conveyance or routing of voice. data. audio, video. or any other information or signals to a point, or between or among points. by and through electronic. radio, satellite. cable optical. microwave. or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Communications Service. as contemplated herein, does not include the provision of service via an open video system. a cable service or wireless provider which shall require separate authorizations from the County. I. Communications services provider shall refer to any Person making available or rovidin Communications Services as defined herein throu h the lacement or use 0 a Communications Facility in the Public Rights of Way. K. County means St. Lucie County. Florida. a political subdivision of the State of Florida. in its present form or in any later reorganized, consolidated. or enlarged form. L. Excavation or other similar formulation of that term means the cutting, trenching or other disturbance to the public rights-of-way intended to change the grade or level of land or that causes any cavity, gap. depression. penetration or hole in the surface of the public rights-of-way. M. FCC means the Federal Communications Commission. N. Government means the United States of America. the State of Florida or St. Lucie County. Florida. and any of their respective agencies. departments or bureaus. O. In the public rights-oF-way means in. along. on. over. under, across or through the public rights-of-way. Stfl::lell tnf61::1gh passages are deleted, Underlined passages are added. Page 6 of 27 J:" Law means any local. state or federal legislative. judicial or administrative order. certificate. decision. statute, constitution. ordinance. resolution. regulation, rule, tariff. guideline or other requirements. as amended. now in effect or subsequently enacted or issued including. but not limited to. the Communications Act of 1934. 47 V.S.C. § 151 et seq.. as amended by the Communications Act of 1996, 47 V.S.C.A § 151 et seq. (996), and all orders. rules, tariffs. guidelines and regulations issued by the Federal Communications Commission or the governing State authority pursuant thereto. º" Person means any individual. firm. ¡oint venture, partnership, estate. trust. business trust. syndicate. fiduciary. association. corporation. company, organization or legal entity of any kind. including any affiliate. successor, assignee. transferee or personal representative thereof. and all other groups or combinations. and shall include the County to the extent that the County acts as a Communications services provider. S. PSCmeans the Florid Public Service Commission. T. Public rights-at-way means a road. street. highway. bridge. tunnel or alley that is owned by the County. publicly held by the County or dedicated to the County for public use and over which the County has jurisdiction and control and may lawfully grant access pursuant to applicable law, and includes the space above. at or below the surface of such right-of-way. "Public rights-of- way" shall include public utility easements and County services easements that are under the jurisdiction and control of the County wherein the County now or hereafter acquires the right to locate or permit the location of Communications facilities: provided that the terms and conditions of any such easement expressly prohibit the use of particular easement for purposes other than which it was conveyed. dedicated or condemned. "Public rights-of-way" shall not include (1) city. state or federal rights-of-way. (2) property owned by any person other than the county. (3) service entrances or driveways leading from the road or street onto ad ioining property or (4) except as described above, any real or personal property of the County. such as. but not limited to. County parks. buildings, fixtures. poles. conduits, sewer lines. facilities or other structures or improvement. regardless of whether they are situated in the public rights-of-way. Stptlel( tkF'6t1gk passages are deleted. Underlined passages are added. Page 7 of 27 U. Registrant or facility owner shall mean a Communications company or other person which seeks to use the public rights-of-way that has registered with the County in accordance with the provisions of this ordinance. V. Registration and regIster shall mean the process described in Section 3, whereby a Communications service provider provides certain information to the County. Section 3. Registration. A. Each Communications service provider that desires to place. erect. construct. install. locate. maintain. repair. extend. expand. remove. or relocate any Communications facilities in, under. over or across any public rights-of-way in the County shall be considered to be using the public rights-of-way and shall be required to register with the County in accordance with the terms of this ordinance. ~ Any Communications service provider desiring to use the public rights-of-way shall file a registration with the County Administrator or his designee. which shall include the following information: 1 Identity of the applicant and name. address and telephon.e number of applicant's primary contact person in connection with the registration: 3. Evidence of the insurance coverage required under this ordinance and acknowledgment that registrant has received and reviewed a copy of this ordinance; 4. A copy of federal and/or state certification authorizing the applicant to provide Communications services; and 5. A security fund in accordance with this ordinance. 6. Acknowledgment that Registrant has received and reviewed a copy of this Ordinance. C. The County will review the information submitted by the applicant. Such review will be by the County Administrator or designee. If the applicant submits information in accordance Stl"l:IeI< thl"6l:1!:1h passages are deleted. Underlined passages are added. Page 8 of 27 with Section 3 above. the registration shall be effective and the County shall notify the applicant of the effectiveness of registration in writing. If the County determines that the information has not been submitted in accordance with Section 3 above. the County shall notify the applicant of the non-effectiveness of registration. and reasons for the non-effectiveness. in writing. The County shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. Upon notification of the non-effectiveness of the registration. nothing herein shall preclude the applicant from filing a subsequent application addressing the basis for the non- effectiveness. If the registrant disputes the determination of non-effectiveness for the particular application submitted. the only avenue of redress shall be an appeal under Section 7(P). Failure to comply with the appeals section for the particular application found to be non-effective shall be sufficient grounds for the County to reiect that particular application in the future. A registrant may cancel a registration upon written notice to the County Administrator or his designee stating that it will no longer maintain facilities in the public rights-of-way and will no longer need to pull permits to perform work in public rights-of-way. Within thirty (30) days of any change in the information required to be submitted pursuant to Section 3. registrant shall provide updated information to the County. E. h any priority for the use of the public rights-of-way by a registrant or any other registrants. Registrations are expressly sub iect to any future amendment to or replacement of this ordinance and further subiect to any additional County ordinances. as well as any state or federal laws that may be enacted during the term of the registration. Section 4. Fees and Payments. A. In consideration for the rights. privileges and permission granted hereunder. a Registrant hereunder shall pay an annual Communications Service Tax as set forth in Chapter 202 Florida Statues. Said tax shall be in addition to any permit fees imposed by the County pursuant to an election made by the County pursuant to Chapter 202 Florida Statutes. B. A Registrant who places or maintains a Communications Facility in the roads or rights of way of the County who does not remit taxes imposed pursuant to Chapter 202 Florida Statutes, also defined as a Pass Through Provider. shall pay to the County annually Five Hundred Dollars ($500.00) per linear mile or portion thereof in addition to any permit fees the County is authorized to collect. The linear mile charge authorized by this Section shall be based on the linear miles of roads or Rights of Way where a Communications Facility is placed, not based on a summation of the lengths of individual cables. conduits, strands or fiber. Stf't:lel\ thf'6t:1gR passages are deleted. Underlined passages are added. Page 9 of 27 C. Notwithstanding anything to the contrary. the County hereby reserves the right to require the maximum compensation allowed by law. D. Pursuant to Chapter 337.401(3)(f). nothing herein shall prohibit or impair any voluntary agreement between a Registrant and the County which provides for or allows for the provision of in-kind compensation by the Registrant to the County in addition to the fees and payments set forth in Sections A and B above. Section 5. Reports and Records. A. A registrant shall provide the following documents to the County as received or filed: ill Any pleadings. petitions. notices and documents regarding any legal proceeding involving any provisions of this ordinance or any permit or Agreement granted pursuant to this Ordinance. ill Any request for protection under bankruptcy laws. or any judgment related to a declaration of bankruptcy. ~ '*J C. Unless prohibited by applicable law. such other books. records. accounts and materials reasonably required by the County to determine compliance with this ordinance. D. The County shall keep any documentation, books and records of the registrant confidential to the extent permitted under Florida Statutes. Section 6. Underground Installation: Relocation. A. A registrant shall install its facilities underground. unless such undergrounding is not technically feasible. This provision shall apply prospectively for all new facilities. to the extent that this obligation is not expressly prohibited by federal law. state law or applicable PSC rules and regulations. B. Every registrant that places or constructs Communications facilities underground shall maintain appropriate participation in the regional notification center for subsurface installations. C. Any Communications facilities heretofore or hereafter placed upon. under. over. or along any public rights-of-way that is found by the County to be unreasonably interfering in any way Strl:Jch thrðl: ! h passages are deleted, Underlined passages are added, Page 10 of 27 with the convenient. safe or continuous use. or the maintenance; improvement. extension or expansion of such public rights-of-way shall. upon written notice to the registrant or its agent, be removed or relocated by such registrant at its own expense. within thirty (30) days of such notice, consistent with Section 337.403. Florida Statutes. The County Administrator or his designee may extend the time within which a registrant shall remove or relocate a Communications facility for good cause shown. D. The Registrant shall not in any way displace. damage. or destroy any facilities. including. but not limited to. gas. sewer. water main, pipe, cable. conduit. fiber optic. or other pathway or any other facilities belonging to the County. The registrant shall be liable to the County for the costs of any repairs made necessary by any such displacement. damage or destruction. of facilities belonging to the County. and the registrant shall pay such costs upon demand. In the case of an emergency. the County may commence repairs without any prior notice to the registrant. The term emergency shall mean a condition that may affect the public's health. safety or welfare. In the event of an emergency, the County may cause the repairs to be made at the facility owner's expense. utilizing County employees. agents or contractors. charge any and all costs. and require reimbursement within thirty (30) days after the submission of the bill by the County to the registrant. After thirty (30) days. the County may obtain reimbursement from the security fund. In all other non-emergency circumstances. the registrant shall be given prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the thirty (30) calendar da s after receivin notice the Count ma cause the re airs to be made at the acilit owner's ex ense uti lizin !!¡~6al1ln ~·::Fîß-'f-\f';;·è an and all costs and re uire reimbursement wi;hint~tt.t 'ssion ofll~+ he bill b the Count to the re istrant. A ain after 'hirtiã:O obtain rei~~ursement from the securit fund.!;:!' E. Subject to Section 337.403. Florida Statutes. whenever an order of the County requires such removal or change in the location of any Communications facility from the public rights-of-way. and the facility owner fails to remove or change the same at its own expense to conform to the directive within the time stated in the notice. the County may proceed to cause the Communications facility to be removed. The expense thereby incurred. except as provided in Section 337.403(1)(a)-(c). Florida Statutes. shall be paid out of any money available therefore, and such expense shall be charged against the owner of the Communications facility and levied, collected and paid to the County. F. Sub ject to Section 337.404, Florida Statutes. whenever it shall be necessary for the County to remove or relocate any Communications facility. the owner of the Communications facility. or the owner's chief agent. shall be given written notice of such removal or relocation and requiring the payment of the costs thereof. and shall be given reasonable time. which shall not be less than twenty (20) nor more than thirty (30) days. to file an appeal with the Board of County Commissioners to contest the reasonableness of the order. Upon receipt of a written appeal. the Board of County Commissioners shall place the matter on its agenda for consideration within forty- five (45) working days. Should the owner or the owner's representative not appear. the determination of the cost to the owner shall be final. in accordance with Section 337.404. Florida Strl:lc\( tnp81:1~h passages are deleted. Underlined passages are added, Page 11 of 27 Statutes. G. A final order of the County. imposed pursuant to Florida Statutes and applicable provisions of this ordinance and the County code. if any. shall constitute a lien on any property of the owner and may be enforced as provided therein. H. The County retains the right and privilege to cut or remove any facilities located within the public rights-of-way as the County Administrator or his designee in reasonable discretion may determine to be necessary. appropriate or useful in response to any public health or safety emergency. If circumstances permit. the County shall attempt to notify the owner of the facility. if known, prior to cutting or removing a facility and shall notify the owner of the facility. if known, after cutting or removing a facility. 1. Upon abandonment of a facility within the public rights-of-way of the County. the owner of the facility shall notify the County within ninety (90) days. Following receipt of such notice. the County may direct the facility owner to remove all or any portion of the facility if the County determines that such removal will be in the best interest of the public health. safety and welfare. In the event that the County does not direct the removal of the abandoned facility by the owner of the facility and the facility owner chooses not to remove its facilities. then such owner. by its notice of abandonment to the County, shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. Section 7. Use of Rights-of-Way. A. A facility owner agrees at all times to comply with and abide by all applicable provisions of the state statutes and local laws including. but not limited to. applicable zoning regulations not inconsistent with state and federal laws. B. Except in the case of an emergency. no Communications service provider shall construct any facility over, under or within any public rights-of-way which disrupts the public rights-of-way without first filing an application with and obtaining a permit from the County therefore, pursuant to applicable permitting requirements of the County and other applicable County Code requirements. except as otherwise provided in this ordinance. The term "emergency" shall mean a condition that affects the public's health. safety or welfare, which includes an unplanned out of service condition of a pre-existing service. Registrant shall still be required to provide prior notice to the County in the event of an emergency. For the purposes of the notice requirements herein. the County shall provide the registrant with a County contract. When work is performed on an emergency basis. the registrant must still apply for a permit by the following $trueh thrðl:lgh passages are deleted, Underlined passages are added. Page 12 of 27 business day in accordance with the County's permitting guidelines. In all instances. the registrant shall restore all damaged property and indemnify the County from any and all damages caused by the registrant's emergency work. Unless otherwise required by this ordinance. the County may waive the permit requirement in cases where there will be no disruption of the public rights-of-way. ~~ As part of any permit application with respect to new or existing facilities in the public rights-of-way. where applicable. the registrant shall provide a proposal for construction of the Communications facility that sets forth at least the following: ill An engineering plan signed and sealed by a Florida registered professional engineer or prepared by a person who is exempt from such registration requirements as provided in Section 471.003. Florida Statutes. identifying the location of the proposed facility. including a description of the facilities to be installed. where it is to be located. and the approximate size of facilities and equipment that will be located in. on. over. or above the public rights-of-way. ill Maps showing the routing of new construction that involves an alteration to the surface or subsurface of the public rights-of-way. A registrant may not begin construction until the plans and drawings have been approved in writing by the County Engineer or his designee and a permit is issued. ill in i.e. ill A antici ated construction @ A maintenance of traffic plan for any disruption of the public rights-of-way. (Q) Information on the ability of the public rights-of-way to accommodate the proposed facility. if available (such information shall be provided without certification as to correctness. to the extent obtained from other users of the public rights-of-way) ill If appropriate. given the facility proposed. an estimate of the cost of restoration of the public rights-of-way. @} And, such plan shall include the timetable for construction for each phase of the pro iect and the areas of the County that wi II be affected. í2.1 Any such additional information as the County Engineer finds reasonably necessary to review an application for a permit to perform work in the public rights-of-way. D. If there is insufficient space to accommodate all of the requests to occupy or use the rights-of-way. to the extent not otherwise prohibited by state or federal law. the County shall have the power to prohibit or limit the placement of new or additional facilities within the public rights-of-way for the protection of existing facilities in the public rights-of-way, or for County Strl:Jel< threl:Jgh passages are deleted, Underlined passages are added. Page 13 of 27 plans for public improvements. which have been determined by the County to be in the public interest. ill In case of conflict or interference between the facilities of different registrants. the registrant whose facilities were first permitted shall have priority over a competing registrant's use of the public rights-of-way. The resolution of any conflict or interference shall be made in a manner that is consistent with the non-discrimination provisions of the Federal Communications Act of 1996. ill There may be from time to time within the County various easements and streets. which the County does not have the unqualified right to authorize registrant to use; therefore, the County does not warrant or represent as to any particular easement. rights-of-way, or portion of a right-of-way or easement. that it has the right to authorize the registrant to install or maintain portions of its facilities therein. and in each case the burden and responsibility for making such determination in advance of the installation shall be upon the registrant. The County shall not be required to assume any responsibility for the securing of any rights-of-way, easements or other rights that may be required by the registrant for the installations of its facilities. nor shall the County be responsible for securing any permits or agreements with other persons or uti lities. ill Nothing in this ordinance shall affect the County's authority to add, vacate. or abandon public rights-~~:way. and the County makes no~a~.~anties~rr~presentations regarding the availabilit of an f'~aed va ~rror aband/ned ',mf~,,"if¥1j_:i'ð!jJ\?w'a for Communications Mt-i facilities. I íJ !S~ ill u e trant ma ö·ì re uired to coordinate the lacement or maintenance 0 acilities under a ermit with an other work construction installation or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject public rights-of-way, and registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbances in the public rights-of-way. E. All facilities shall be installed. located and maintained so as not to unreasonably interfere with the use of the public rights-of-way by the public and so as not to cause unreasonable interference with the rights and convenience of property owners who adjoin any of the public rights-of-way. The registrant shall be liable for costs and expenses for the displacement. damage or destruction of any irrigation system or landscaping within the public rights-of-way. to the extent not covered by the construction bond. In the event the registrant fails to make the appropriate repairs to restore such property to as good a condition as existed prior to the commencement of the work. the affected property owner may file a complaint with the County Administrator or his/her designee. In this instance. the registrant shall be given prior written notice of the necessary repairs by the County Administrator or his designee. If such repairs are not performed in a reasonable and satisfactory manner within thirty (30) calendar days after receiving notice. the County may cause the repairs to be made at the facility owner's expense. utilizing County employees, agents or contractors, charge any and all costs. and require reimbursement within thirty (30) days StPtlel( thPðl:lgh passages are deleted. Underlined passages are added, Page 14 of 27 after the submission of the bill by the County to the registrant. After thirty (30) days. the County may obtain reimbursement from the security fund. The prior written notice described in this subsection shall be considered a final written decision for purposes of the appellate rights outlined in subsection (P) of this Section. F. The use of trenchless technology (i.e.. directional bore method) for the installation of facilities in the public rights-of-way. as well as joint trenching and/or the co-location of facilities in existing conduit, is strongly encouraged and should be employed wherever possible. G. The County Administrator or his designee may issue such additional rules and regulations concerning the placement and maintenance of a Communications facility in the public rights-of-way as may be consistent with applicable law and not inconsistent with this ordinance. H. All safety practices required by applicable law. or accepted industry practices and standards. shall be used during construction. maintenance and repair of the Communications facilities. Registrant's work. while in progress. shall be properly protected at all times with suitable barricades. flags. lights. flares or other devices. as are required by the Manual on Uniform Traffic Control Devices (FDOT) and/or any requirements of the County to protect all members of the public having occasion to use the portion of the streets involved or ad iacent property. J. A facility owner shall obtain any and all required permits and pay any and all required fees before commencing any construction on or otherwise disturbing any public rights-of-way as a result of its construction. ill The registrant shall. at its own expense. restore such property to as good a condition as existed prior to commencement of work. A registrant shall guarantee its restoration for a period of twelve (12) months after the completion of such restoration. If such restoration is not performed in a reasonable and satisfactory manner within thirty (30) calendar days after the completion of construction. the County may. after prior written notice to registrant. cause the repairs to be made at the facility's owner expense. utilizing County employees. agents or contractors. charge any and all costs. and require reimbursement within thirty (30) days after the submission of the bill by the County to the registrant. (2) A permit from the County constitutes authorization to undertake only certain activities on public rights-of-way in accordance with this ordinance. and does not create a Strl:lel( tkrðl:lgk passages are deleted. Underlined passages are added. Page 15 of 27 property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way. K. All ongoing installation. construction and maintenance of a Communications facility located in the public rights-of-way shall be subject to the County's periodic inspection for compliance with this ordinance, or any applicable provisions of this ordinance and County Codes. L. A facility owner shall not place its facilities so as to interfere unreasonably with any other person lawfully using the public rights-of-way of the County. M. The registrant shall. upon request of the County Engineer or his designee. and at no cost to the County. produce and provide to the County Engineer or his designee a complete set of as-built plans including but not limited to. horizontal and typical vertical profiles. within sixty (60) days after construction of any portion of the system. A registrant shall cooperate with the County by providing timely and complete information under this subsection. Upon completion of any installation or construction of new facilities in public rights-of-way, the registrant shall provide. at no cost to the County. such information as may be requested showing the exact location of its facilities and structures. including but not limited to. maps. geographical information systems. plats. construction documents. drawings and any other information the County may find reasonably necessary. Such plans shall be provided in digitized format showing the two-dimensional location of the facilities based upon the County's geographical database datums. or other format acceptable to the Count Administrator. All in ormation re uired b this Section shall be maintained in accordance with the rds ,the Sta,tê of ill Violation of permit conditions. including conditions set forth in this ordinance or other applicable provisions of this ordinance or County Codes or regulations governing use of public rights-of-way: or ill Misrepresentation or fraud by registrant in a registration or permit application to the County: or ill Failure to relocate or remove facilities as may be lawfully required by the County: or ill Failure of registrant. its employees. agents or subcontractors. in connection with the sub ject permit. to (g) Place barricades or signs around the work area. ßù Take reasonable safety precautions to alert the public of work at the work site. or Strl:lcl( throl:lgh passages are deleted. Underlined passages are added, Page 16 of 27 W Repair. replace and restore any sidewalk. street, alley. pavement, water, sewer or other utility line or appurtenance. soil. landscaping, dirt or other improvement, property or structure of any nature. In the event of such failure. the County may perform the work utilizing County employees. agents or contractors. charge any and all costs, and registrant shall be required to reimburse the County within thirty (30) calendar days after the submission of the bill by the County to registrant. In the event the County incurred costs as described herein, the registrant shall be required to reimburse the County for any and all such costs before the suspension or denial can be lifted. The County Administrator or his designee shall have the discretion to waive this requirement. O. Immediately after the suspension or denial of permit pursuant to this Section, the County shall provide written notice of the violation, which notice shall contain a description of the violation. A final written decision of the County Administrator suspending a permit or denying an application for a registration is subject to appeal. Upon correction of any violation that gave rise to a suspension or denial of permit, the suspension or denial shall be lifted. Q., In the event registrant desires to use its existing faci lities or to construct new facilities for the purpose of providing other utility or non-utility services to existing or potential consumers or resellers by providing cable services, or any other services other than the provision of Communications service. or for providing any other use to existing or potential consumers. a registrant shall seek such additional and separate authorization from County for such activities as may be required by applicable law. R. To the extent that any person or registrant leases or otherwise uses the facilities Strl:Je:h tRrel:l!jR passages are deleted. Underlined passages are added. Page 17 of 27 of an entity that is duly registered or otherwise authorized to place and maintain facilities in the public rights-of-way of the County. the person or registrant shall make no claim, nor assert any right which will impede the lawful exercise of the County's rights. including requiring the removal of such facilities from the public rights-of-way of the County. regardless of the effect on the person's ability to provide service, or on the registrant's ability to maintain its own Communications facilities in the public rights-of-way of the County. Section 8. Involuntary Termination of Registration A. The involuntary termination of a registration may only be accomplished by an action of the Board of County Commissioners. The County may declare the registration terminated and revoke and cancel all privi leges granted under that registration if: ill A federal or state authority suspends. denies. or revokes a registrant's certification to provide Communications service, ill The registrant is adjudicated bankrupt by a United States District Court or through any legal proceeding of any kind. or that a receiver is appointed to take possession of the assets of the registrant. or m Fails to provide proof of required insurance. ill T B. Prior to fr a violation 0 an 0 the rOVISlons 0 this subsec r A~all b~tjnoW~~ied b thelftount Administrator or his designee with a written notice setting forth all matters 'pertinent to such violation and describing the action of the County with respect thereto. The registrant shall have sixty (60) days after receipt of such notice within which to cure the violation. or within which to present a plan. satisfactory to the Board of County Commissioners to accomplish the same. In the event of an emergency. the County may take appropriate action in accordance with Section 6 of this ordinance. In the event of a vote by the Board of County Commissioners to terminate. the registrant shall. within a reasonable time following such termination. remove or abandon the facilities and take such steps as are necessary to render safe every portion of the facilities remaining with the public rights-of-way of the County. If the registrant has either abandoned its facilities or chooses to abandon its facilities. the County may either: ill Require the registrant's bonding company to remove some or all of the facilities from the public rights-of-way and restore the public rights-of-way to its proper condition. or ill The County may require that some or all of the facilities be removed and the public rights-of-way restored to its proper condition at the registration's expense. utilizing County employees. agents or contractors. and charge any and all costs, and require reimbursement. Strl:lf:l( tkrsl:Ig" passages are deleted. Underlined passages are added, Page 18 of 27 C. The obligations of the registrant and the bonding company hereunder shall survive for a period of twenty-four (24) months from the termination of the registration. In the event of a termination of registration. this provision does not permit the County to cause the removal of any facilities that are used to provide another service for which the registrant holds a valid certification with the governing federal and state Communications agencies and is properly registered with the County for such certificated service. under this ordinance. Section 9. Compliance with Other Laws: Police Power. A facility owner shall at all times be subject to and shall comply with all applicable federal. state and local laws. A facility owner shall at all times be subject to all lawful exercises of the police power of the County, to the extent not inconsistent with applicable laws. Section 10. Transfer of Control: Sale or Assignment. A. If the registrant transfers or assigns its registration incident to a sale or other transfer of the registrant's assets. the transferee or assignee shall be obligated to comply with the terms of this ordinance. Written notice of any transfer. sale or assignment shall be provided to the County within twenty (20) days following the effective date of the transfer. sale or assignment. In order for the transfer of registration to be effective. the transferee or assignee must comply with the re istration re uirem nts under ction 3 of this Ordinance. .!!. Notwithst h othecations 0 the as Communications facilitie pledge. lease or other encumbrance of the Communications faci lities shall be subject subordinate to the rights of the County by virtue of this ordinance or other applicable law. Section 11. Insurance: Surety: Indemnification. A. A facility owner shall at all times maintain the following liability insurance coverage insuring the registrant and naming the County. its officers, boards. Commission. Commission members. agents and employees as additional insureds; worker's compensation and employer liability insurance to meet all requirements of Florida law and commercial general liability insurance with respect to the construction. operation and maintenance of the Communications facilities. and the conduct of registrant's business in the County. in the minimum amounts of: ill $500.000 for property damage in anyone accident; ill $1.000.000 for personal bodily injury to anyone person; and ill $2.000.000 for personal bodily injury in anyone accident. Strl:Jel( threl:J!jR passages are deleted. Underlined passages are added. Page 19 of 27 The policy shall also provide that the County will be given a thirty (30) day written notice of cancellation or non-renewal. B. All insurance policies shall be with sureties qualified ~o do business in the State of Florida: shall be with sureties with a minimum rating of A-I in Best's Key Rating Guide. Property/Casualty Edition. except as provided in subsection (D) below. The County may require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law. A registrant may provide a portion of the insurance coverage required by Section 11 through excess or umbrella policies of insurance and where such policies are in a form acceptable to the County's Risk Manager. C. A registrant shall keep on file with the County certificates of insurance which certificates shall indicate that the County, its officers. boards. Commission. Commission members. agents and employees are listed as additional insureds. In the event of a potential claim such that the County claims insurance coverage. the facility owner shall immediately respond to all reasonable requests by the County for information with respect to the scope of the insurance coverage. D. The certificates of insurance shall further provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days prior written notice thereof has been given to the County. A registrant shall not cancel any required insurance policy without submission of proof that the registrant has obtained alternative insurance satisfaction to the County that complies wit~TthiS ordinan~.~. A registr~nt th~tel~~tsto.~~I.f-insure all or a portion of the insurance covera e aß·.dimit r ,1'31&. ents r";'uireclf ¥"js.l"~l£l*ò.s not re uired to the extent of such self-insurd;c I ~thuire~!en,or the~iamin of additional insureds under this Section. A rl\#istr cts -inf"~'~'shall rlide to the Count evidence sufficient to demoristra a'bi to Iftfhsure the urance covera e and limit requirements required under this Section. such as evidence that the registrant is a "private self- insurer" under the Workers Compensation Act. For purposes of this Section. "self-insure" shall also include a registrant that insures through a "captive insurer." as defined in Section 628.901. Florida Statutes. E. Registrant shall. at its sole cost and expense. release, indemnify. hold harmless, and defend the County, its officials. boards. members. agents, and employees. against any and all claims. suits, causes of action. proceedings. iudgments for damages or equitable relief. and costs and expenses sustained by the County in connection with each such claim, suit. cause of action or proceeding including. but not limited to. attorneys' fees. arising out of the construction. maintenance or operation of its Communications system or facilities in the public rights-of-way. regardless of whether the act or omission complained of is authorized. allowed or prohibited by this ordinance: provided. however. that a facility owner's obligation hereunder shall not extend to any claims caused by the sole negligence of the County. This indemnity shall survive and continue in full force and effect as to the registrant's responsibility to indemnify. County agrees to notify the registrant. in writing. within a reasonable time of the County receiving notice. of any issue it determines may require indemnification. Nothing in this Section shall prohibit the County from participating in the defense of any litigation by its own counsel and at its own cost if in the County's reasonable belief there exists or may exist a conflict. potential conflict. or appearance of a Strl:lcl( tkrðl:lgk passages are deleted, Underlined passages are added. Page 20 of 27 conflict. Nothing contained in this provision shall be construed or interpreted (1) as denying to either party any remedy or defense available to such party under the laws of the State of Florida. and (2) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28. Florida Statutes. $trl:lel\ tkr61:19k passages are deleted. Underlined passages are added. Page 21 of 27 Section 12. Construction Bond. A. Except in the case of an emergency. as described in Section 7(B) of this ordinance. prior to performing any work in the public rights-of-way. a registrant may be required to establish in the County's favor a construction bond in an amount specified in an engineering permit or other authorization as necessary to ensure the registrant's faithful performance of the construction in the public rights-of-way, in accordance with applicable sections of this ordinance or the County code. The amount of the construction bond shall be as set forth in the engineering permit. and may be modified in the County Administrator or his designee's reasonable discretion. based upon the cost of the restoration to take place in the public rights-of-way. and any previous history of the registrant concerning restoration within the public rights-of-way of the County. The County Administrator. in his or her discretion. or designee, may request a certified estimate of the cost of restoration by a Florida registered professional civil engineer. or certified by a person who is exempt from such requirements as provided in Section 471.003. Florida Statutes. ß.. In the event a registrant subject to such a construction bond fails to complete the work in a safe. timely and competent manner in accordance with the provisions of the permit, there shall be recoverable. jointly and severally from the principal and surety of the bond. any damages or loss suffered by the County as a result. including the full amount of any compensation. indemnification or cost of removal or abandonment of any property of the registrant, or the cost of completing the work. plus a reasonable allowance for attorneys' fees. up to the full amount of the bond. the D. The construction bond shall be issued by a surety having a minimum rating of A-I in Best's Key Rating Guide. Property/Casualty Edition. shall be subject to the approval of the County Attorney. and shall provide that: This bond may not be canceled. or allowed to lapse. until sixty (60) days after receipt by the County. by certified mail. return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew. E. The rights reserved by the County with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the County may have under this ordinance. or at law or equity. F. The rights reserved to the County under this Section are in addition to all other rights of the County. whether reserved in this ordinance. or authorized by other law. and no action. proceeding or exercise of a right with respect to the construction bond will affect any other right the County may have. StF'l:Iel< tkrel:lgk passages are deleted, Underlined passages are added. Page 22 of 27 Section 13. Security Fund. A. At the time of registration. the registrant shall file with the County Administrator or his designee. for his or her approval. a cash security. a bond, or irrevocable letter of credit in the sum of Twenty-Five Thousand Dollars ($25.000.00). in a form acceptable to the County Administrator or a designee. which shall serve, and be referred to. as the "security fund." For purposes of the bond and irrevocable letter of credit. the registrant must have as a surety a company qualified to do business in the State of Florida. The cash security. bond, or irrevocable letter of credit. shall be to secure the full and faithful performance by the registrant of all requirements. duties and obligations imposed upon registrant by the provisions of this ordinance. and to pay any taxes. fees or liens. The bond or irrevocable letter of credit shall be furnished annually. or as frequently as necessary. and shall provide a continuing guarantee of the registrant's full and faithful performance at all times. Should the County draw upon the cash security. bond, or irrevocable letter of credit. the County shall promptly notify the registrant. and the registrant shall within thirty (30) calendar days restore the cash security, annual bond or irrevocable letter of credit. to the full required amount. In the event a registrant fails to perform its duties and obligations imposed upon the registrant by the provisions of this ordinance. there shall be recoverable, jointly and severally from the principal and surety of the bond. any damages or loss suffered by the County as a result. including the full amount of any compensation or indemnification. plus a reasonable allowance for attorneys' fees. up to the full amount of the bond. The cash securit bond or letter 0 credit ma be waived b the Count Administrator where the Count Administrator determin~ä(~_hQt t rit f secure the re uired erformance under this dldi nt increase the amount of the securit fund to reflect t to B. Additionally. the County. upon thirty (30) days advance written notice clearly stating the amount and the reason for. and its intention to exercise withdrawal rights under this subsection. may withdraw an amount from the security fund. provided that the registrant has not reimbursed the County for such amount within the thirty (30) days notice period. Withdrawals may be made if the registrant: ill Fails to make any payment required to be made under any part of this ordinance. Nothing in this Section. however. shall create a limitation or prevent the County from immediately making a withdrawal for non-payment. from the security fund on the thirty-first (31st) calendar day after the submission of a bill to the Registrant. ill Fails to pay any liens relating to the facilities that are due and unpaid. ill Fails to reimburse the County for any damages. claims. costs or expenses that the County has been compelled to payor incur by reason of any action or non-performance by the registrant arising out of the construction, maintenance or operation of its Communications system or facilities; or Strtlt:l< threl:J!jR passages are deleted, Underlined passages are added. Page 23 of 27 ill Fails to comply with any provision of this ordinance. which failure the County determines can be remedied by an expenditure of an amount from the security fund. C. Within thirty (30) days after receipt of written notice from the County that any amount has been withdrawn from the security fund. the registrant shall restore the security fund to the amount specified in this ordinance. D. The rights reserved to the County with respect to the security fund are in addition to all other rights of the County. whether reserved by this ordinance or authorized by other law. and no action. proceeding or exercise of a right with respect to such security fund will affect any other right the County may have. Section 14. Enforcement Remedies A. In addition to any other remedies available at law or equity. or provided in this ordinance. the County may apply anyone or a combination of the following remedies in the event a registrant violates this ordinance. or applicable local law. or order related to use of the public rights-of-way: ill ill In addition to or instead of any other remedy. the County may seek legal or equitable relief from any court of competent jurisdiction. B. Before imposing a fine pursuant to this Section. the County Administrator or a designee shall give written notice of the violation and its intention to assess such penalties. which notice shall contain a description of the alleged violation. Following receipt of such notice. the registrant shall have thirty (30) days to either: ill Cure the violation and the County Administrator or a designee shall make good faith reasonable efforts to assist in resolving the violation. or ill Fi Ie an appeal in accordance with Section 7(P). Strl:Jel( thrBl:Jgh passages are deleted. Underlined passages are added. Page 24 of 27 If the violation is not cured within that thirty (30) day period. and no appeal is filed, the County may collect all fines owed. beginning with the first day of the violation, either by removing such amount from the security fund or through any other means allowed by law. C. In determining which remedy or remedies are appropriate. the County shall take into consideration the nature of the violation. the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations and such other matters as the County determines are appropriate to the public interest. D. Failure of the County to enforce any requirements of this ordinance shall not constitute a waiver of the County's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. E. In any proceeding before the County Commission wherein there exists an issue with respect to a registrant's performance of its obligations pursuant to this ordinance. the registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms of the ordinance. The County Commission may find a registrant that does not demonstrate compliance with the terms and conditions of this ordinance in default and apply anyone or combination of the remedies otherwise authorized by this ordinance. G. Nothin under applicable law. remedies he re istrant has available F. The Count administration and enfor law. Section 15. Force Majeure In the event a registrant's performance of or compliance with any of the provisions of this ordinance is prevented by a cause or event not within the facility owner's control. such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that such owner uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this ordinance. causes or events not within a facility owners control shall include. without limitations, acts of God, floods, earthquakes. landslides, hurricanes. fires and other natural disasters. acts of public enemies, riots or civil disturbances. sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within registrant's control. and thus not falling within this Section. shall include, without limitation. registrant's financial inability to perform or comply, economic hardship. and misfeasance. malfeasance or nonfeasance by any of registrant's directors. officers. employees, contractors or agents. Section 16. Reservation of Rights Strl;:Jch threl:/gR passages are deleted, Underlined passages are added, Page 25 of 27 A. The County reserves the right to amend this ordinance as it shall find necessary in the lawful exercise of its police powers. B. This ordinance shall be applicable to all Communications facilities permitted to be placed in the public rights-of-way. on or after the effective date of this ordinance, and shall apply to all existing Communications facilities in the public rights-of-way prior to the effective date of this ordinance. to the full extent permitted by state and federal law. Providers with existing lines and cables have one hundred twenty days (120) from the effective date of this ordinance to comply with the terms of this ordinance. or be in violation thereof. C. The County reserves to itself the right to intervene in any suit. action or proceeding involving any provision of this ordinance. Registrant agrees to advise County of any such suits. Section 17. Repealing of Conflicting Ordinances All ordinances or part of ordinances. and all resolutions or part of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 18. Applicability Section 19. Savings ;-,<'c·:':" "_'itØ. 't~~:j- 'it ;';1; All fees. charges and financial obligations previously accrued pursuant to any ordinances and resolutions repealed pursuant to Section 18 above. shall continue to be due and owing until paid. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY . If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Strl:Jel< threl:Jgh passages are deleted, Underlined passages are added, Page 26 of 27 PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward Vice Chair Commissio Commissio Commissio xxx x XXX XXX PASSED AND DULY ENACTED this day of ,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Strl:Jel( thr6l:JgR passages are deleted, Underlined passages are added, Page 27 of 27 AGENDA REQUEST ITEM NO. ~JJ> DA TE: March 13,2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 07-014 (flk/a Ordinance No. 06-041) - Amending Section 7.10.23 of the land Development Code - Establish General Guidelines for the Siting of Wireless Telecommunications Towers and Antennas; Permission to advertise BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board grant permission to advertise Ordinance No. 07-014. Approved 5-0 u sAnderson County Administrator COMMISSION ACTION: lXJ APPROVED [] DENIED [ ] OTHER: Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: ,. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO.: 07 -352 DATE: February 28, 2007 SUBJECT: Ordinance No. 07-014 (fIk/a 06-041) - Amending Section 7.10.23 of the Land Development Code - Establish General Guidelines for the Siting of Wireless Telecommunications Towers and Antennas; Permission to Advertise ------------------------------------------------------------------------------------- BACKGROUND: Attached is a copy of draft Ordinance No. 07-014 which, if adopted, would establish guidelines for the siting of wireless telecommunications towers and antennas. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 07- 014. Respectfully submitted, /~ Katherine Mackenzie-Smith Assistant County Attorney KMS/caf Attachment ORDINANCE NO. 07-014 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT AMENDING SECTION 7.10.23, PROVIDING PURPOSE; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING GENERAL REQUIREMENTS AND MINIMUM STANDARDS; PROVIDING PERMITTED USES ON PUBLIC PROPERTY; PROVIDING PERMITTED USES ON PRIVATE PROPERTY; PROVIDING SPECIAL EXCEPTION USE; PROVIDING EQUIPMENT STORAGE; PROVIDING REMOVAL OF ABANDONED ANTENNAS AND TOWERS; PROVIDING NONCONFORMING USES; PROVIDING PROTECTION FOR RESIDENTS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY AND APPLICABILITY, INCLUSION IN THE CODE AND PROVIDING FOR FILING WITH THE DEPARTMENT OF ST ATE AN EFFECTIVE DATE. WHEREAS, the Congress of the United States adopted the Telecommunications Act of 1996, providing federal regulation of wireless telecommunications, a technology of wireless voice, video and data communications systems rapidly becoming available, requiring land use facilities that impact planning and zoning concerns in St. Lucie County ("County") and throughout the United States; and WHEREAS, Florida law . ..a wireless telecom facilities has been amended; and WHEREAS, it is the County"s intent to establish standards m compliance with applicable federal and state laws; and WHEREAS, the County finds that it is in the public interest to permit the siting of wireless telecommunications towers and antennas within the County's boundaries, and WHEREAS, the County has received and expects to receive additional requests from telecommunications service providers to site wireless telecommunications towers and antennas within the County boundaries and is authorized by federal, state and local law to regulate the siting of such telecommunications towers and antennas; and WHEREAS, it is the intent of the County to provide reasonable accommodation to, and to promote and encourage fair and reasonable competition among telecommunications service providers or providers of functionally equivalent services on a neutral and non-discriminatory basis; and WHEREAS, the purpose and intent of this Ordinance is to establish appropriate locations in priority order of use, and, further, to develop the requirements and standards to Stl tlà II.! òtl/!,I. portions are deleted, Underlined portions are added, permit the siting of wireless telecommunications towers and antennas within the County2's boundaries, with due consideration to the Countyl's master plan, zoning map, existing land uses and environmentally sensitive areas, including hurricane preparedness areas, and WHEREAS, it is the intent of this Ordinance to encourage collocation among wireless telecommunications service providers and to enhance the ability of the providers to provide such services to the County through an efficient and timely application process pursuant to Fla. Stat. § 365.172 as amended; and WHEREAS, any antennae and related equipment to service the antennae that is being collocated on an existing above-ground structure is not subject to land development regulation pursuant to Fla. Stat. § 365.172, provided the height of the existing structure is not increased; and WHEREAS, through these regulated standards, it is the intent of the County to protect and promote the health, safety and general welfare of its citizens and residents, the traveling public and others in such manner that will minimize both the number of telecommunications towers and antennas and the adverse visual impact and other potential damage by these facilities by encouraging collocation and shared use of new and pre-existing telecommunications facilities, through incentives, careful design, engineering siting, landscape screening and innovative camouflaging techniques; and WHEREAS, this Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exe' of' powers t scribe fines and penalties for the violations of ordinances in accord d WHEREAS, on August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97 -03 - 99-02 - 99-04 - 99-15 - Stl u~J.. tluõngh portions are deleted, March 14, 1991 November 7, 1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 96-10 - 97 -09 - 99-01 - 99-03 - 99-05 - 99-16 - 2 May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 02, 1999 Underlined portions are added, 99-17 - 00-1 0 - 00-12 - 01-03 - 02-09 - 02-29 - 04-02- 04-33- 05-03- 05-07- 05-23- 06-13 - 06-040 September 7, 1999 June 13, 2000 June 13,2000 December 18,2001 March 5, 2002 October 15,2002 January 20, 2004 December 7, '2005 August 2, 2005 January 18, 2005 September 20, 2005 June 6, 2006 99-18 - 00-11 - 00-13 - 02-05 - 02-20 - 03-05 - 04-07 - 05-01- 05-04- 05-16- 06-05- 06-030 - 06-040 - November 2, 1999 June 13,2000 June 13,2000 June 24, 2002 October 15, 2002 October 7, 2003 April 20, 2004 March 15, 2005 August 2, 2005 August 16,2005 April 18, 2006 WHEREAS, on , the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved; and, WHEREAS, on , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on May 5, 2006; and, WHEREAS, on ordinance, after publishing a notid" on May 24, 2006; and oard¿Ähel it~:. ~~~Q~d public hearing on the proposed .",. . è Bort St. Lucie News and the Tribune .JÎ., WHEREAS, the proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ST. LUCIE, FLORIDA THAT: PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows. include: Section 7.10.23 is deleted in its entirety and replaced as follows: SECTION 7.10.23 TELECOMMUNICATIONS TOWER SITING Section 1. Title. Stith::!.. Iluöu~ ¡ portions are deleted, 3 Underlined portions are added, This Ordinance shall be entitled "WIRELESS TELECOMMUNICA nONS TOWERS AND ANTENNAS Ordinance," and shall be an amendment to the County1's Code of Ordinances. Section 2. Purpose. The regulations and requirements establish general guidelines for the siting of wireless telecommunications towers and antennas and are intended to accomplish the following purposes: A. Protect and promote the public health, safety and general welfare of the residents of the County: B. Minimize residential areas and land uses from potential adverse impacts oftowers and antennas; C. Encourage the location of towers in non-residential areas and to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; D. Minimize the total number of towers throughout the community by strongly encouraging the collocation of antennas on new and pre-existing tower sites as a primary option rather than construction of additional single-use telecommunications towers; E. Encourage users of telecommunications towers and antennas to configure them in a way that minimizes the adverse ;~is~alimRact ~f th~ telecpmmunications towers and antennas through careful design, siting, landšcap) sh:eniJ~~ anl.jnnoVatlve camouflaging techniques; jt",",#~1¡~r '{ -;-' ¡b<..",l"''''""c,> '~L ".^;ì~ jw;" F. Minimize potential damage to property from telecommunications towers and telecommunications facilities by requiring such structures be soundly designed, constructed, modified and maintained; and G. Enhance the ability of the providers of telecommunications services to provide such services to the community through an efficient and timely application process. In furtherance of these goals, the County shall at all times give due consideration to the County's master plan, Comprehensive Plan, zoning map, existing land uses, and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of telecommunications towers and antennas. Section 3. Definitions. As used in this Ordinance, the following terms shall have the meanings set forth below, and shall control over any other definitions contained in the County's Code: A. "Accessory Use" means a secondary use including a use that is related to, incidental to, subordinate to and subservient to the main use of the property on which an antenna and or telecommunications tower is sited. Stltl<;k tlllolIgh portions are deleted, Underlined portions are added, 4 B. "Alternative Tower Structure" means a design mounting structure that camouflages or conceals the presence of an antenna or telecommunications tower. For example, man-made trees, clock towers, bell steeples, light poles, utility poles and similar alternative designs. An antenna mounted on a utility pole shall be subject to all requirements as stated in this Ordinance. C. "Antenna" means a transmIttmg and/or receIVmg device mounted on a telecommunications tower, building or structure and used in telecommunications [personal wireless] services that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals including directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations. D. "Applicant" means a person or entity with an application before the County for a permit for a personal wireless service facility. E. "Backhaul Network" means the lines that connect a provider1's telecommunications towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. F. "Broadcasting Facility" means any telecommunications tower built primarily for the purpose of broadcasting AM, FM or television signals. G. "Buildin - ermit ª,eview". means a review for com liance with buildin .J;: '.::%'c èi;": \% ~Afu_W':? - ____._c -~ constructIOns standards adopted býi thêJ¡OÐ~tyu~~edChap\r 553 and Chapter 13 of the County Land Development Code and doe~ not' iidtWelã tevi~w fon; compliance with land development regulations. H. "Carrier"means a company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide personal wireless services. L "County" means the County of St. Lucie, a Count) of the State offolmidaa political subdivision of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form. J. "Collocation" means the situation when a second or subsequent wireless provider uses an existing structure to locate a second, or subsequent antennae. The term includes the ground, platform, or roof installation of equipment enclosures, cabinets, or buildings, and cables, brackets, and other equipment associated with the location and operation of the antennae. K. "Commercial mobile radio services." Means, per Section 704 of the Telecommunications Act of 1996, any of several technologies using radio signals at various frequencies to send and receive voice, data and video. According to the FCC, these services are "functionally equivalent services." Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services. Sit u<:k tl,wag!. portions are deleted, Underlined portions are added, 5 L. "Essential Service" means those services provided by the County and other governmental entities that directly relate to the health and safety of its residents. including fire. police and rescue. M. "Existing Structure" means a structure that exists at the time an application for permission to place antennae on a structure is filed with the County. The term includes any structure that can structurally support the attachment of antennae in compliance with applicable codes. N. "Extraordinary Conditions" means subsequent to a hurricane. flood. or other natural hazard or subsequent to a defective finding on a previöus inspection. O. "FAA" means the Federal Aviation Administration. P. "Fair Market Value" means the price at which a willing seller. or telecommunications tower owner. and willing buyer. or service provider seeking to rent space on owner's telecommunications tower. will trade. Q" "FCC" means the Federal Communications Commission. R. "Guyed Tower" means a telecommunications tower that is supported. in whole or in part. by guy wires and ground anchors. ~ "Height" when referring to a telecommunications tower or other related >-k}> "} -'iffii ,c':';} ~-;:f \<- }"V structure. means the vertical distâncêm;~e~uredy/ro~Athe ,~riished grade of the parcel to the highest point on the telecommunidhtiofi.sðíÓ:\:erlõr"'bthÎerrelàted structure. including the base pad and any antenna. T. "Historic Building. Resource. Structure. Site. Obiect. or District" means any building. resource. structure. site. obiect. or district that has been officially designated as a historic building. historic resource. historic structure. historic site. historic obiect. or historic district through a federaL state or local designation program. U. "Land Development Regulations" means any ordinance enacted by the County for the regulation of any aspect of development. including an ordinance governing zoning. subdivisions. landscaping. tree protection. or signs. the County's comprehensive plan. or any other ordinance concerning any aspect of the development of land. The term does not include any building construction standard adopted under and in compliance with Chapter 553. V. "Microwave Dish Antenna" means a dish-like antenna used to link telecommunications [personal wireless service] sites together by wireless transmission and/or receipt of voice or data. W. "Monopole Tower" means a telecommunications tower consisting of a single pole or spire self-supported on a permanent foundation. constructed without guy wires. ground anchors. or other supports. Shu,k tI,longJ. portions are deleted, Underlined portions are added. 6 X. "Lattice Tower" means a telecommunications tower that is constructed to be self- supporting by lattice type supports and without the use of guy wires or other supports. Y. "Personal wireless services" means commercial mobile services. unlicensed wireless services. and common carrier wireless exchange access services. This definition includes analog and digital (800 MHz) cellular. broadband PCS (1850-1990 MHz) services and enhanced specialized mobile radio and paging services. Z. "Pre-Existing Towers and Pre-Existing Antennas" means any telecommunications tower or antenna for which a building permit or special use permit has been properly issued and finalized prior to the effective date of this Ordinance. including permitted telecommunications towers or antennas that have not yet been constructed so long as such approval is current and not expired. AA. "Search area" means the geographic area, in which a telecommunications facility must be located in order to provide FCC required coverage. as certified through an affidavit by a Radio Frequency engineer as to radio frequency waves or other such appropriate technical expert. AB. "State of the Art" means existing technology where the level of facilities. technical performance. capacity. equipment components and service are equal to that developed and demonstrated to be more technologically advanced than generally available for comparable service areas in South Florida. 0'''-~ :W"~~r-;'~ AC. "Stealth Facilit " meam. telgtom1nunic'ti~ns facilit which is desi ned to blend i~he surrounding envirodmeflt.1 Êxatrlprðs <If suclifacilities would include. but not be limited to. architecturally screened roof mounted antennae. building-mounted antennae painted to match the existing structure. antennae integrated into architectural elements. and telecommunications towers designed to look like light poles. power poles. or trees. AD. "Telecommunications Facility" means a facility that is used to provide one or more telecommunications services. including. without limitation. radio transmitting telecommunications towers. other supporting structures. and associated facilities used to transmit telecommunications signals. An open video system is not a telecommunications facility to the extent that it provides only video services: a cable system is not a telecommunications facility to the extent that it provides only cable service. AE. "Telecommunications Services" means the offering of telecommunication (or the transmISSIOn. between or among points. specified by the user of information of the user's choosing. without change in the form or content of the information as sent and received). for a fee directly to the public, or to such classes of users as to be effectively available directly to the public. regardless of the facilities used. Personal wireless communication services shall not be considered as essential services. public utilities or private utilities. AF. "Telecommunications Tower or Tower" means any structure. and support thereto. designed and constructed primarily for the purpose of supporting one or more antennas intended SlllIGk 11,10111\11 portions are deleted, Underlined portions are added, 7 for transmIttmg or receIvmg personal wireless services, telephone. radio and similar communication purposes, including lattice, monopole and guyed telecommunications towers. The term includes radio and television transmission telecommunications towers, microwave telecommunications towers, common-carrier telecommunications towers, cellular telephone telecommunications towers, alternative telecommunications tower structures, among others. AG. "Telecommunications Tower Height" means, when referring to a communications tower or other structure, the distance measured from the finished grade of a parcel to the highest point on the tower or other structure, including the base pad and any antenna, but excluding lights and lightening rods. AH. degrees. "Whip Antenna" means a cylindrical antenna that transmits signals in 360 AI. "Wireless Communications Facility" means any equipment or facility used to provide service and may include, but is not limited to, antennae, towers, equipment enclosures, cabling, antenna brackets, and other such equipment. Placing a wireless communications facility on an existing structure does not cause the existing structure to become a wireless communications facility. Section 4. Applicability . L Where following zoning districts: a. "AG-S" Agricultural-S, "IL" Industrial Light. "IH" Industrial Heavy, and "U" Utility Zoning Districts subiect to the requirements of Section 7.10./23. B. Broadcasting Facilities/Amateur Radio Station Operators/Receive Only Antennas. This Ordinance shall not govern any telecommunications tower, or the installation of any antenna. that is for the use of a broadcasting facility or is owned and operated by a federally- licensed amateur radio station operator or is used exclusively for receive only antennas. C. Preexisting Telecommunications Towers or Antennas. Pre-existing telecommunications towers and pre-existing antennas shall not be required to meet the requirements of this Ordinance, other than the requirements of Section 5. D. AM Array. For purposes of implementing this Ordinance, an AM Array. consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna. shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM Array. Additional tower units may be added within the perimeter of the AM Array by right. Stl tlGk tl,löl1gh portions are deleted, Underlined portions are added, 8 Section 5. General Requirements/Minimum Standards. New Tower The County shall grant or deny each properly completed application for any other wireless communications facility based on the applicant's compliance with the County's applicable regulations, including but not limited to land development regulations, consistent with this subsection and within the normal timeframe for a similar type of review but in no case later than ninety (90) business days after the date the application is determined to be properly completed in accordance with this paragraph. An application is deemed submitted or resubmitted on the date the application is received by the County. If the County does not notify the applicant in writing that the application is not completed in compliance with the County's regulations within twenty (20) business days after the date the application is initially submitted or additional information resubmitted, the application is deemed, for administrative purposes only, to be properly completed and properly submitted. However, the determination shall not be deemed as an approval of the application. If the application is not completed in compliance with the County's regulations, the County shall so notify the applicant in writing and the notification must indicate with specificity any deficiencies in the required documents or deficiencies in the content of the required documents or deficiencies in the content of the required documents which, if cured, make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the County shall notify the applicant, in writing, within the normal timeframe of review. but in no case Ion er than twent 20 business da s after the. additional information is submitted of an remainin deficiencies that must iirnefi'éie§ ih document e or content not s ecified b the Coun do no t'-"lî.c1 on iÍ1com lete. Notwithstandin this subparagraph. if a specified deficiency is not properly cured when the applicant resubmits its application to comply with the notice of deficiencies, the County may continue to request the information until such time as the specified deficiency is cured. The County may establish reasonable timeframes within which the required information to cure the application deficiency is to be provided or the application will be considered withdrawn or closed. If the County fails to grant or deny a properly completed application for a wireless communications facility within the timeframes set forth in this Section 5. the application shall be deemed automatically approved and the applicant may proceed with placement of such facilities without interference or penalty. The timeframes specified in this Section 5 shall be extended only to the extent that the application has not been granted or denied because the County's procedure generally applicable to all other similar types of applications permits, require action by the Board of County Commissioners and such action has not taken place within the timeframes specified in this Section 5. Under such circumstances, the County will act to either grant or deny the application at its next regularly scheduled meeting or otherwise, the application is deemed to be automatically approved. Applicants regulated by this Ordinance may request a pre-application conference with the County. Such request shall be submitted with a non-refundable fee of Five Hundred Dollars StlllGk thlÖIIgJ, portions are deleted, Underlined portions are added, 9 ($500.00) to reimburse the County for the cost and fees incurred by the conference. Every new telecommunications tower and antenna shall be subiect to the following minimum standards: A. Lease Required. Any construction, installation or placement of a telecommunications facility on any property owned. leased or otherwise controlled by the County shall require a Lease Agreement executed by the County and the owner of the facility, unless otherwise prohibited by applicable law. 1. The County may require. as a condition of entering into a Lease Agreement with a telecommunications service provider, the dedication of space on the facility for public health and safety purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease. B. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or telecommunications tower on such lot. C. Lot Size. For purposes of determining whether the installation of a telecommunications tower or antenna complies with the County zoning provisions, including, but not limited to, setback requirements. lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antenna or telecommunications tower may be located on leased parcels within such lot. D. Invento 1. Each a Count's invento of existin telecommunications towers, antennas. and approved sites. All requests for sites shall include specific information about the proposed location, height. and design of the proposed telecommunications tower. No new telecommunications tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the County that no existing telecommunications tower, structure or state of the art technology that does not require the use of new telecommunications towers or new structures can accommodate, or be modified to accommodate. the applicant's proposed antenna, Evidence submitted to demonstrate that no existing telecommunications tower. structure or state of the art technology is suitable shall consist of any of the following: a. An affidavit demonstrating that the applicant made diligent efforts for permission to install or collocate the applicant's telecommunications facilities on County owned telecommunications towers or usable antenna support located within a one-half (1/2) mile radius of the proposed telecommunications tower site. b. An affidavit demonstrating that the applicant made diligent efforts to install or collocate the applicant's telecommunications facilities on towers or useable antenna support structures owned by other persons located within a one-half (1/2) mile radius of the proposed telecommunications tower site. SUtlGk tI.totlgl. portions are deleted, Underlined portions are added, 10 c. Existing towers or structures are not of sufficient height to meet applicable FCC requirements. d. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. e. The applicant's proposed antenna would cause electromagnetic/radio frequency interference with the antenna on the existing towers or structures. or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. f:. The fees. costs. or contractual provisions required by the owner in order to share an existing telecommunications tower or structure or to adapt an existing telecommunications tower or structure for sharing are unreasonable. Costs exceeding new telecommunications tower development are presumed to be unreasonable. &. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. h. The applicant demonstrates that state of the art technology used in the wireless telecommunications business and within the scope of applicant's FCC license. is unsuitable. Costs of state of the art technology that exceed new telecommunications tower or antenna development shall not by itself be presumed to render the technology unsuitable. ""2T"''''*'i'41:. "s,f,V--<1'\t':_ '·,~""o:=t1~ p*"''(r''4 2. The Count') mâ\ !shåre hi'*: ørmation with other a licants a I in for a permitted~se on private pro'ert/' aificf'*spéCí~~.eiceptidh use under this Ordinance or other organizations seeking to locate antennas within the jurisdiction of the County provided. however. that the County is not. by sharing such information. in any way representing or warranting that such information is accurate or that such sites are available or suitable. E. Engineering report L. All applicants for new telecommunications towers and pre-existing telecommunications towers which are modified or reconstructed to accommodate additional antennas shall submit a written report certified by a professional engineer licensed to practice in the State of Florida. The report shall include: a. Site development plan of the entire subject property drawn to scale. including. without limitation: 1. A tax parcel number. legal description of the parent tract and leased parceL total acres. and Section/Township/Range of the subject property: Stltlck tI,lödgl. portions are deleted, Underlined portions are added, 11 !h 111. IV. v. VI. Vll. Vlll. IX. The lease parcel fully dimensioned. including property lines. setbacks. roads on or adiacent to the subject property. easements; Outline of all existing buildings. including purpose n. e. residential buildings. garages. accessory structures. etc.) on subject property; All existing vegetation. by mass or individually by diameter. measured for feet from the ground of each stand-alone tree on the subject property; Proposed/existing security barrier. indicating type and extent as well as point of controlled entry; Proposed/existing access easements. utility easements. and parking for the telecommunications tower: All proposed changes to the subject property. including grading. vegetation removaL temporary or permanent roads and driveways. storm water management facilities and any other construction or development attendant to the telecommunications tower; s)~ì·~à\ Ii~K,ati/~ dl~;:i of ro osed telecommunications to~e1T'\ ilkÌ\1.difif~ocl.tion ðf all mounts. antennas. equipment buildings. fencing and landscaping: If applicable. on-site and adjacent land uses. and Master Plan classification of the site. b. If applicable. a narrative of why the proposed telecommunications tower cannot comply with the requirements as stated in this Section. c. Type of telecommunications tower and specifics of design: 1. Equipment brochures for the proposed tower such as manufacturer-'s specifications or trade journal reprints. These shall be provided for the antennas. mounts. equipment shelters. cables as well as cable runs. and security barrier. if any: !h Materials of the proposed tower specified by generic type and specific treatment (i.e.. anodized aluminum. stained wood. painted fiberglass. etc. These shall be provided for the antennas. mounts. equipment shelters. cables as well as cable runs. and security barrier. if any: SUuà 11,10llgl. portions are deleted, Underlined portions are added, 12 !!L. Colors of the proposed tower represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier. if any: IV. Dimensions of the tower specified for all three directions: height width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any: and v. A visual impact analysis, with a minimum of two (2) photo digitalization or photographic superimpositions of the tower within the subject property. The photo digitalization or photographic superimpositions shall be provided for all attachments, including: the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier. if any for the total height width and breadth, as well as at a distance oftwo hundred fifty (250) feet and five hundred (500) feet from all properties within that range, or at other points agreed upon in a pre-application conference. d. Current wind-loading capacity and a projection of wind-loading capacity using different types telecommunications tower shall be by the Florida Building Code. e. A statement that the proposed telecommunications tower, including reception and transmission functions. will not interfere with the visual and customary transmission or reception of radio. television or similar services as well as other wireless services enjoyed by adjacent residential and non-residential properties. f A statement of compliance with all applicable Building Codes. associated regulations and safety standards as provided in Section 5(M) herein. For all towers attached to existing structures. the statement shall include certification that the structure can support the load superimposed from the telecommunications tower. All towers shall have the capacity to permit multiple users: at a minimum. monopole towers shall be able to accommodate two (2) users and. at a minimum, self-support/lattice or guyed towers shall be able to accommodate three (3) users. &. Any additional information deemed by the County to be necessary to assess compliance with this Ordinance. h. Special fee. The County shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for individual towers. The special fee shall be based upon the hourly rate of the independent technical consultant or expert the County deems necessary to properly evaluate applications for Stl tick 1111 ongl. portions are deleted, Underlined portions are added. 13 tower. The special fee shall be applied to those applications requmng special reVIew or evaluation. The special fee shall be reimbursed by the applicant to the County. F. Collocation - Pursuant to the intent of this Ordinance. collocation of telecommunication antennas by more than one provider on existing telecommunications towers shall take precedence over the construction of new telecommunication towers. Accordingly, each application shall include a written report certified bv a professional engineer licensed to practice in the State of Florida, stating: (1) the geographical service area requirements: (2) mechanical or electrical incompatibility: (3) any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the telecommunications tower: and (4) any additional information required by the County. If the County does not accept the full evaluation as provided as accurate, or if the County disagrees with any part of the evaluation, the time in which an application is processed pursuant to this Ordinance shall be tolled pending further evaluation. G. Collocation Incentive - The County shall provide the following incentive to service providers: .L. The County shall grant or deny each properly completed application, as provided in this Ordinance, for the collocation of a wireless communications facility within the County's jurisdiction within the normal timeframe for a similar building permit review but in no case later than forty-five (45) business days after the date the application is determined to be properly completed in accordance with the County's application procedures. &, -'-~'i'--~:¡} 2. s IncluGtn' re uirements in sub ara ra hs 2 ,iit fulu~ t'cl,b'lo'w he sub' ect to onl buildin - ermit review, which may include a review for compliance with this subparagraph, such collocations are not subiect to any design or placement requirements of the County1.'s land development regulations in effect at the time of the collocation that are more restrictive than those in effect at the time of the initial antennae placement approval. to any other portion of the land development regulations, or to public hearing review. This subparagraph shall not preclude a public hearing for any appeal of the decision on the collocation application. a. The collocation does not increase the height of the tower to which the antennae are to be attached, measured to the highest point of any part of the tower or any existing antenna attached to the tower: b. The collocation does not increase the ground space area, commonly known as the compound, approved in the site plan for equipment enclosures and ancillary facilities: and £.:. The collocation consists of antennae, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable regulations, restrictions, or conditions, if any, applied to the initial antennae placed on the tower and to its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the tower supporting the antennae, such regulations may include the design and aesthetic StltlGk tl,lötlgl, portions are deleted, Underlined portions are added, 14 requirements. but not procedural requirements. other than those authorized by this section. of the County's land development regulations in effect at the time the initial antennae placement was approved. ¿ Except for a historic building. structure. site. object or district or a tower included in subparagraph A collocation on all other existing structures that meet the requirements in subparagraphs 3. (a) through (d) below shall be subject to no more than building permit review. and an administrative review for compliance with this subparagraph. such collocations are not subject to any portion of the County's land development regulations not addressed herein. or to public. hearing review. This subparagraph shall not preclude a public hearing for any appeal of the decision on the collocation application. a. The collocation does not increase the height of the eXlstmg structure to which the antennae are to be attached. measured to the highest point of any part of the structure or any existing antenna attached to the structure: b. The collocation does not increase the ground space area. otherwise known as the compound. if any. approved in the site plan for equipment enclosures and ancillary facilities: d. The collocation consists of antennae. equipment enclosures. and ancillary facilities that are of a design and configuration consistent with all applicable restrictions or conditions. if any. that do not conflict with subparagraph (3) and were applied to the initial antennae placed on the structure and its accompanying equipment enclosures and ancillary facilities and. if applicable. applied to the structure supporting the antennae. 4. Regulations. restrictions. conditions. or permits of the County. acting in its regulatory capacity. that limit the number of collocations or require review processes inconsistent with this subsection. shall not apply to collocations addressed in this paragraph. ~ If only a portion of the collocation does not meet the requirements of this subparagraph. such as an increase in the height of the proposed antennae over the existing structure height or a proposal to expend the ground space approved in the site plan for the equipment enclosure. where all other portions of the collocation meet the requirements of this subparagraph. the portion of the collocation only may be reviewed under the County's regulations applicable to an initial placement of that portion of the facility. including. but not limited to. its land development regulations. and within the review timeframe specified in Section 5. and the rest of the collocation shall be reviewed in accordance with this subparagraph. A collocation proposed under this subparagraph that increases the ground space area. otherwise Stille { (hi M!,I. portions are deleted, Underlined portions are added, 15 known as the compound, approved in the original site plan for equipment enclosures and ancillary facilities by no more than a cumulative amount of four hundred (400) square feet or fifty percent (50%) of the original compound size, whichever is greater, shall. however, require no more than administrative review for compliance with the County's regulations, including, but not limited to, land development regulations review, and building permit review, with no public hearing. This subparagraph shall not preclude a public hearing for any appeal of the decision on the collocation application. Q" If a collocation does not meet the requirements of subparagraph G.2, the County may review the application under the County's regulations, including, but not limited to, land development regulations, applicable to the placement of an initial antennae and its accompanying equipment enclosure and ancillary facilities. 7. If a collocation meets the requirements of subparagraph G.2, the collocation shall not be considered a modification to an existing structure or an impermissible modification of a nonconforming structure. ~ The owner of the existing tower on which the proposed antennae are to be collocated shall remain responsible for compliance with any applicable condition or requirement of a permit or agreement or any applicable condition or requirement of the land development regulations to which the existing tower had to comply at the time the tower was permitted, including any aesthetic requirements, provided the condition or requirement is not inconsistent with this paragraph. "I~~"""'C"""'?"'''; 9. An existin rl~iaèlu a;ID.o'hcdhformin tower ma be structurall modified in or~r to permit collocJtioA cI'&aylb~~~,ep1.aced'furoug:h no more than administrative review and building permit review, and is not subject to public hearing review, if the overall height of the tower is not increased and, if a replacement the replacement tower is a monopole tower or, if the existing: tower is a camouflaged tower, the replacement tower is a like- camouflaged tower. The subparagraph shall not preclude a public hearing for any appeal of the decision on the application. H. Aesthetics. Towers and antennas shall meet the following requirements: .L. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2. At a telecommunications tower site, the design of the buildings and related associated ancillary structures shall. to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact. ~ All telecommunications tower sites must comply with any landscaping requirements of the County Code and all other applicable aesthetic and safety requirements of the County, and the County may require landscaping in excess of those requirements in order to enhance compatibility with adjacent residential and non- residential land uses. All landscaping Sb uGk tI..õu/!;J. portions are deleted, Underlined portions are added, 16 shall be properly maintained to ensure good health and viability at the owner's expense. Telecommunications tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the telecommunications tower compound consisting of the telecommunications tower and antennas, backhaul network and any structure or equipment cabinet from property used for residences. The standard buffer shall consist of a landscaped strip at least five (5) feet wide outside the perimeter of the compound. In locations where the visual impact of the telecommunications tower would be minimal. the landscaping requirement may be reduced or waived by the County Administrator or his designee. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, as determined by the County Administrator or his designee, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. 4. If an antenna is installed on a structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with. the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. 1 Lighting. No signals. artificial lights. or illumination shall be permitted on any antenna or telecommunications tower unless required by the FAA or other applicable authority. If lighting is required. the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. 1." Setbacks. Towers must be set back a minimum distance of one hundred ten percent (110%) of the height ofthetelfc9Funi~atio~s toyv~r from the property line. This is the minimum distance necessary, as ~eÚ:1m;in~a b{~!he ~tOlll1'. ~o satisfy the structural safety or aesthetic concerns of the County. JL",,,lrf .i:~.I!IÌ;thi""Æ1¡IL ..&t It K. Separation. Any telecommunications tower shall be separated from any other telecommunications tower by a distance of no less than one (1) mile as measured by a straight line between the bases of the towers. L. Height. Telecommunications towers shall not be constructed at any heights in excess of those provided below: 1. For a single user. up to ninety (90) feet in height; 2. For two users. up to one hundred twenty (120) feet in height: 1. For three or more users. up to one hundred fifty (150) feet in height: 4. For the purpose of determining compliance with all requirements of this Section. measurement of telecommunications tower height shall include the telecommunications tower structure itself. the base pad, and anv other telecommunications facilities attached thereto which extend more than twenty (20) feet over the top of the telecommunications tower structure itself. Telecommunications tower height shall be measured from grade. Stl tick tl'¡öll~h portions are deleted, Underlined portions are added, 17 M. Local. State or Federal Requirements. L The construction, operation and repair of telecommunications facilities are subiect to the regulatory supervision of the County, and shall be performed in compliance with all laws, ordinances and practices affecting such system including, but not limited to, zoning codes, building codes, and safety codes, and as provided in Section 5 (n and (K). The construction, operation and repair shall be performed in a manner consistent with applicable industry standards, including the Electronic Industries Association. 2. Although the County will not require wireless providers to provide evidence of a wireless communications facility's compliance with federal regulations except evidence of compliance with applicable federal aviation administration requirements under 14 C. F. R. S. 77, as amended, and evidence of proper FCC licensure or other evidence of FCC authorized spectrum use, the County may request the FCC to provide information as to a wireless provider's compliance with federal regulations, as authorized by federal law. 1. All telecommunication towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC. including emissions standards, and any other agency of the local. state or federal government with the authority to regulate towers and antennas prior to issuance of a building: permit by the County. If such applicable standards and regulations require retroactive application, then the owners of the telecommunications towers and antennas governed by this Ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and re ulations unless a di erent com liance schedule is mandated b the controllin state or federal a enc . Failure t lo~ersélad cihtenn.rs into com liance with such revised standards and re ulations shall c fulè' oáña~ f~r the .Iemoval of the telecommunications tower or antenna at the owner's expense. N. Building Codes: Safety Standards. To ensure the structural integrity of telecommunications towers installed, the owner shall construct and maintain the telecommunications tower in compliance with the South Florida Building Code, and all other applicable codes and standards, as amended from time to time. A statement shall be submitted to the County by a professional engineer certifying compliance with this subsection upon completion of construction and/or subsequent modification. Where a preexisting structure, including light and power poles. is requested as a stealth facility, the facility, and all modifications thereof, shall comply with all requirements as provided in this Ordinance. Following the issuance of a building permit the County shall require the owner to provide a professional analysis of a soil sample from the base of the telecommunications tower site to assure integrity ofthe foundation. O. Warning Signs. Notwithstanding any contrary provisions of the County's Code, the following shall be utilized in connection with any telecommunications tower or antenna site, as applicable. Stltlck tl,10Ilg11 portions are deleted, Underlined portions are added, 18 1. If high voltage is necessary for the operation of the telecommunications tower or any accessory structures. "HIGH VOLT AGE--DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart. 2. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and spaced no more than forty (40) feet apart. 1. The height of the lettering of the warning signs shall be at least twelve (12) inches in height. The warning signs shall be installed at least five (5) feet above the finished grade. 4. The warning signs may be attached to free standing poles if the content of the signs may be obstructed by landscaping. P. Security Fencing. Telecommunications towers and the accessory building(s) and/or equipment associated therewith shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device~ provided however. that the County may waive such requirements. Q. Measurement. For purposes of measurement. telecommunications tower setbacks and separation distances shall be calculated and applied to facilities located in the County irrespective of municipal and county iurisdictional boundaries. "1M!""'''''':',!?»:" --"1]'ir~"'~».,:_~" -----':X;,'~"'^'.,"}f: r"~-i~!"~-·:-'lI. R. Not Essential SerVicés\. ~À Jelecomm'Unications towers and antennas shall be regulated and permitted pursuant .~o..tfiisfJ.àtdit&\aii'e ind sHAll not be regulated or permitted as essential services. public utilities. or private utilities. S. Licenses. Owners and/or operators of towers or antennas shall certify that all licenses required by law for the construction and/or operation of a wireless communication system in the County have been obtained and shall file a copy of all required licenses with the County. T. Public Notice. For purposes of this Section and notwithstanding any other requirements with regard to public notice in the County's Code. any request for a special exception use on private property shall require a public hearing that shall be advertised at least seven (7) days before the public hearing in a newspaper of general circulation and readership in the County. A courtesy notice shall also be mailed to all affected property owners within three hundred (300) feet of the subiect property prior to the public hearing. The property shall also be posted with a sign in accordance with the County's zoning provisions. If approved. the owner of any telecommunications tower approved for shared use shall provide notice of the location of the telecommunications tower and the tower's load capacity to all other providers regulated by this Ordinance. All costs related to the public notice shall be paid by the applicant. Stl tick tl.longl, portions are deleted, Underlined portions are added, 19 U. Signs. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, whether or not posted temporarily, shall be allowed on any part of an antenna or telecommunications tower. V. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 9 below. W. Inspections: Reports: Fees. 1. Telecommunications tower owners shall submit a report to the County certifying structural and electrical integrity every two (2) years. The report shall be accompanied by a non-refundable fee of Two Hundred Dollars ($200.00) to reimburse the County for the cost of review. 2. The County reserves the right to conduct periodic inspection of telecommunications towers to ensure structural and electrical integrity. If, upon inspection, the County concludes that a telecommunications tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the telecommunications tower. the owner shall have no more than thirty (30) days to bring such telecommunications tower into compliance with such standards. Failure to bring such telecommunications tower into compliance within thirty (30) days shall constitute grounds for the removal of the telecommunications tower or antenna at the owner's expense. Section 6. 1~ A. General. The uses~ to all wireless telecommunications antennas and towers located on property owned. leased, or otherwise controlled as specified in Section 5(A) by the County, provided a lease agreement pursuant to Section SeA) has been approved by the County. The County reserves the right to modify or waive the requirements for use on public property, but shall not be required to provide access to County property. A detemiination whether to grant or deny a waiver request shall be made in accordance with standards to be adopted by administrative regulation of the County. B. Uses. The County Administrator is authorized to execute lease agreements on behalf of the County. The uses permitted under this Section are as follows: 1. Rooftop Mounted Telecommunications Towers and Antennas. a. The height, including support structures, shall not extend more than thirty (30) feet above the average height of the roof line: b. Screening shall be required to minimize the visual impact upon adiacent properties: c. No more than one (1) telecommunications tower shall be located on a single lot or single building site: and StI uck tllloagh portions are deleted, Underlined portions are added, 20 d. Rooftop telecommunications towers shall not adversely affect adiacent properties. 2. Telecommunications towers and/or antennas constructed pursuant to this Section shall be exempt from the minimum distances from residential zoning districts as provided in Section 9 below. 1. No lease granted under this Section shall convey any exclusive right. privilege, permit or franchise to occupy or use the public lands of the County for delivery of telecommunications services or any other purpose. 4. No lease granted under this Section shall convey any right. title or interest in the public lands other than a leasehold interest. but shall be deemed only to allow the use of the public lands for the limited purposes and term stated in the lease. No lease shall be construed as a conveyance of a title interest in the property. Section 7. Permitted Uses on Private Property. A. General. The uses listed in this Section apply to all wireless telecommunications antennas and telecommunications towers located on private property. The following provisions shall govern the issuance of approval by the County pursuant to this Section: 2. The County shall review the application and determine if the proposed use complies with applicable Sections of this Ordinance. 1. The County shall respond to each such application within twenty (20) business days after the date the application is submitted or is resubmitted, pursuant to Section 5 of this Ordinance, taking into consideration the time dictated by the nature and scope of the individual request. 4. In connection with any such approval. the County may, to encourage the use of monopole towers, allow the reconstruction of an existing telecommunications tower to monopole construction. The reconstruction shall. at all times, comply with the standards and requirements of this Ordinance. 2:. If an application pursuant to this Section is denied, the applicant shall file an application for a special exception use permit pursuant to Section 8. B. Uses. The following uses may be approved by the County Administrator or his designee after conducting an administrative review: 1." Antennas on Pre-Existing Structures. Stl ud. t"longl. portions are deleted, Underlined portions are added, 21 a. Any additional wireless communications facilities, such as communication cables, adiacent accessory structures, or adiacent accessory equipment used in the provision of cellular, enhanced specialized mobile radio, or personal communications services, required within the existing secured equipment compound within the existing site shall be deemed a permitted use or activity. Local building and land development regulations, including any aesthetic requirements. shall apply. b. Any antenna which is not attached to a pre-existing telecommunications tower may be approved by the County as an accessory use to any commercial. industrial. professionaL institutional. or multi-family structure of eight or more dwelling units, provided: h The antenna does not extend more than thirty (30) feet above the highest point of the structure: !1. The antenna complies with all applicable regulations and all applicable building codes: and 111. To minimize adverse visual impacts, antennas shall be selected based upon the following priority: (1) any stealthed antenna: (2) panel: (3) whip: and (4) dish. The applicant shall demonstrate, in a manner acceptable to the County. why each choice cannot be used for a particular application if that choice is not the top non 2. Antennas eco unications Towers. An antenna which is not attached to a pre-existing telecommunications tower may be approved by the County provided such collocation is accomplished in a manner consistent with the following: a. A telecommunications tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same telecommunications tower type as the existing telecommunications tower, unless the County allows reconstruction as a monopole pursuant to this Section. b. Height h An existing telecommunications tower may be modified or rebuilt to a taller height. to accommodate the collocation of an additional antennae s), only if the modification or reconstruction is in full compliance with this Ordinance. This provision shall include utility and power poles. !1. The additional height referred to in subsection (i) above shall not require an additional distance separation as set forth in Section 8. The tower's pre-modification height shall be used to calculate such distance separations. Stittd-. tI.IÖI!gh portions are deleted, Underlined portions are added, 22 c. Onsite location 1. A telecommunications tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty (50) feet of its existing location: n. After the telecommunications tower is rebuilt to accommodate collocation, only one (1) telecommunications tower may remain on the site: and 111. A relocated onsite telecommunications tower shall continue to be measured from the Original telecommunications tower location for purposes of calculating separation distances between towers pursuant to Sections 5(K) and 8(C)(2). The relocation of a telecommunications tower shall in no way be deemed to cause a violation of Sections 5(K) and 8(C)(2). d. Microwave dish antennas located less than sixty-five (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-five (65) feet and higher above the ground may not exceed eight (8) feet in diameter. Ground-mounted dish antennas must be located or screened so as not to be visible from abutting public streets. "t"~-"""('}',_·ët!__'-"-~'~7 ;, _ +\ 1:. Cable MicrQceHJ:ThNetworki:~k I a cable microcell network throu h the use of multi Ie low- owered~¡trJsrliiffers/ted~i i¡ched to existin wireline s stems such as conventional cable or telephone wires, or similar technology that does not require the use of towers. Any additional wireless communications facilities, such as communication cables, adjacent accessory structures, or adjacent accessory equipment used in the provision of cellular, enhanced specialized mobile radio, or personal communications services, required within the existing secured equipment compound within the existing site shall be deemed a permitted use or activity. Local building and land development regulations, including any aesthetic requirements, shall apply. 4. Additional Wireless Communications Facilities. Any additional wireless communications facilities, such as communication cables, adjacent accessory structures, or adjacent accessory equipment used in the provision of cellular, enhanced specialized mobile radio, or personal communications services, required within the existing secured equipment compound within the existing site shall be deemed a permitted use or activity. Local building and land development regulations, including any aesthetic requirements, shall apply. Section 8. Special Exception Use. SIIII,k lId ötl~l, portions are deleted, Underlined portions are added, 23 A. General. The provisions listed in this Section apply only where an application for the construction of a telecommunications tower or the placement of an antenna in a zoning district does not meet the criteria for approval as provided in Sections 5, 6 or 7 of this Ordinance. An applicant for a special exception use permit shall submit information described in Section 5 and the County's Code of Ordinances and any other reasonable information the County may require. The following provisions shall govern the issuance for Special Exception Use permits: .L Compliance with the procedures and requirements of Special Exception Uses as stated in the County's Code of Ordinances, including the zoning provisions, and as required in this Section. 2. In granting a permit, the County may impose conditions to the extent the County concludes such conditions are necessary to minimize any adverse effect of the proposed telecommunications tower or antenna on adioining properties or to satisfy the special exception criteria. .l. Any information of an engineering nature that the applicant submits, whether civiL mechanical. or electricaL shall be certified by a licensed professional engineer. 4. A non-refundable fee of Five Hundred Dollars ($500.00) to reimburse the County for the costs of reviewing the application, in addition to all other applicable fees required by the County. B. Setbacks. rovision of the Count's zonin àll telecommunications towers for .L Towers must be set back a minimum distance of one hundred ten percent (110%) of the height of the telecommunications tower from the property line. 2. The base of any guys and accessory buildings must satisfy the minimum zoning district setback requirements. C. Separation. The following separation requirements shall apply to all telecommunications towers and antennas for which a special exception use permit is required: .L Separation requirements. a. Telecommunications tower separation shall be measured from the base of the telecommunications tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1. b. Separation requirements for towers shall comply with the minimum standards established in Table 1. Sh ud, tI,lotlgh portions are deleted, Underlined portions are added, 24 2. The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 5(D) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing telecommunications tower( s) and the owner/operator of the existing telecommunications tower( s), if known: Table 1 Off-site Use/Designated Area Separation Distance Single-family or duplex residential units! 750 feet or 300% height of ( except for accessory security residences in telecommunications tower whichever is IL IH and U zoning districts) greater Vacant single-family or duplex residentially 500 feet or 300% height of zoned land telecommunications tower whichever is greater Existing multi-family residential units greater 750 feet or 100% height of than duplex units telecommunications tower whichever is greater Non-residentially zoned lands or non- 20% of tower height zoning setbacks or full residential uses and accessory security radius. whichever is greater residences in IL IH and U zoning districts setback line. ¿ Separation distance between telecommunications towers. a. Separation distances between telecommunicati~ns towers shall be applicable for and measured between the proposed telecommunications tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the pre-existing telecommunications tower and the proposed base. pursuant to a site plan. of the proposed telecommunications tower. The separation distance shall be a minimum of one (1 ) mile. regardless of type of towers. D. Factors Considered in Granting Special Exception Permits for Towers. In addition to any standards for consideration of permit applications pursuant to the County's Code of Ordinances. including the zoning regulations. the County shall consider the following factors in determining whether to issue a permit: a. Availability of suitable existing telecommunications towers. other structures. or state of the art technologies not requiring the use of towers or structures; b. Height of the proposed telecommunications tower; Stl uGk tl'lö!1gl. portions are deleted, Underlined portions are added, 25 c. The setback and separation distances between the proposed telecommunications tower and the nearest residential units or residentially zoned properties: d. Proximity of the telecommunications tower to residential structures and residential district boundaries: e. Nature of uses on adiacent and nearby properties: f:. Surrounding topography: g,. Surrounding tree coverage and foliage; h. Design of the telecommunications tower. with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness: and 1. Proposed ingress and egress. Section 9. Buildings or Other Equipment Facilities. Building mounted antennas. Where permitted. Building mounted antennas may be permitted as an accessory use to existing buildings in the following zoning districts: tFÆ't~;"""~!i~, "CG" Com '. Ild~stfial Light, "IH" Industrial Heavy, ~ ~ "I" Institutional, "U" Utilities and.a\h 0, amÍAy provided the structure is at least 3 stories high: "RM-5" Residential Multi-Family-5, "RM-7" Residential Multi-Family-7, "RM-9" Residential Multi-Family-9, "RM-II" Residential Multi-Family-ll, and "RM-15" Residential Multi-Family-IS. B. Minimum standards. Building mounted antennas shall be subiect to the following minimum standards: 1. The height of the antenna. including support structures. shall not extend more than fifteen (15) feet above the height of the roof surface of the building. 2. (35) feet in height. The building on which the antenna is mounted must be at least thirty-five .1. All equipment necessary for the proper operation of the antenna shall be located within the building upon which the antenna is mounted. or in an equipment building or otherwise screened from public view. 4. The equipment building shall not occupy more than five hundred (500) square feet of gross roof area. or be more than sixteen (16) feet in height. 51! u.:;k tI.lðl1gh portions are deleted, Underlined portions are added, 26 2:. All equipment buildings shall meet all County design standards and comply with the Florida Building Code. 6. No commercial advertising. including company name. shall be allowed on an antenna. screen or equipment building. 7. No signals. lights. or illumination shall be permitted on an antenna or equipment building unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting around the base of the antenna and equipment building may be provided if such light conforms to the overs pill requirement in the County Code. ~ The only signage that may be permanently attached to the building shall be for the purpose of identifying the party responsible for operation and maintenance of the facility. its address. and telephone number for safety and security and shall comply with this Code. 9. Mobile or stationary equipment not located within the building upon which the antenna is mounted. or in an equipment building. shall not be stored or parked on the site of a building mounted antenna. unless repairs to the antenna are being made. lL Antennas and related equipment buildings shall be located or screened to minimize the visual impact of the antenna and equipment building upon adiacent properties. Any such screening shall be of a material and color which is compatible with the colors of the exterior of the building upon which it is situated. C. Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: L In residential districts. the equipment cabinet or structure may be located: a. In a side yard setback provided the cabinet or structure is no greater than three (3) feet in height or sixteen (16) square feet of gross floor area and the cabinet/structure is located a minimum of five (5) feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42-48 inches and a planted height of at least 36 inches. b. In a rear yard setback. provided the cabinet or structure is no greater than five (5) feet in height or sixteen (16) square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of 72 inches and a planted height of at least 36 inches. StI ~á 11.1 ö~gl. portions are deleted, Underlined portions are added, 27 2. In commercial or industrial districts the equipment cabinet or structure shall be no greater than five (5) feet in height or twenty five (25) square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of 72 inches and a planted height of at least 36 inches. In all other instances. structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the Structure or cabinet by a solid masonry fence six (6) feet in height or an evergreen hedge with an ultimate height of six (6) feet and a planted height of at least 36 inches. Section 10. Removal of Abandoned Antennas and Towers. Any antenna or telecommunications tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned. and the owner of such antenna or telecommunications tower shall remove the same within ninety (90) days of receipt of notice from the County notifying the owner of such abandonment. Failure to remove an abandoned antenna or telecommunications tower within the ninety (90) days shall be grounds for the County to remove the telecommunications tower or antenna at the owner's expense. If there are two or more users of a Single telecommunications tower. then this provision shall not become effective until all users cease using the telecommunications tower. Section 11. Nonconforming Uses. A. Not Expansion of Nonconforming Use. Telecommunications towers that are constructed and antennas that are install d in accordance with the rovisions of this Ordinance shall not be deemed to constitute t d'. n'ncòhf~nhin use or structure. .:1 ,,'-- Jit B. Preexisting Telecommunications towers. Lawful pre-existing telecommunications towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new telecommunications tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance or a preexisting telecommunications tower shall comply with the requirements of this Ordinance. C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding Section 10. bona fide nonconforming telecommunications towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a permit and without having to meet the separation requirements specified in Sections 8(B) and 8(C). The type. height. and location of the telecommunications tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires. the telecommunications tower or antenna shall be deemed abandoned as specified in Section 10. St",Gk 111Iðtlgh portions are deleted, Underlined portions are added, 28 Section 12. Protection of the County and residents. A. Indemnification. .L The County shall not enter into any lease agreement until and unless the County obtains an adequate indemnity from such provider. The indemnity must at least: a. Release the County from and against any and all liability and responsibility in or arising out of the construction, operation or repair of the telecommunications facility. b. Indemnify and hold harmless the County, its Commission, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, iudgments, or decrees, sustained by the County or any third party arising out of. or by reason of. or resulting from or of each telecommunications facility operator, or its agents, employees, or servants negligent acts, errors, or omissions. c. Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the party's responsibility to indemnify. B. Insurance. .L The Count ase a reement until and unless the County obtains assurance that such operator (and those acting on its behalf) has adequate insurance. At a minimum, the following requirements must be satisfied: a. A telecommunications facility· operator shall not commence construction or operation of the facility without obtaining all insurance required under this Section and approval of such insurance by the County Administrator, nor shall a telecommunications facility operator allow any contractor or subcontractor to commence work on its contract or sub-contract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the telecommunications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the County may order such entities to stop operations until the insurance is obtained and approved. b. Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the County Administrator. For entities that are entering the market. the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. c. These certificates shall contain a provision that coverage afforded under these policies will not be cancelled until at least thirty (30) days prior written notice has Stl ~d, 0.1 ötlgh portions are deleted, Underlined portions are added, 29 been given to the County. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. d. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the lease agreement with the County, then in that event the telecommunications facility operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance. a renewed certificate of insurance as proof that equal an like coverage for the balance of the period has been obtained. h Comprehensive General Liability. A telecommunications facility operator and its contractors or subcontractors engaged in work on the operator's behalf. shall maintain minimum insurance to cover liability. bodily injury (including death) and property damage. Exposures to be covered are: premises. operations. and those certain contracts relating to the construction. installation or maintenance of the telecommunications facility. Coverage shall be written on an occurrence basis and shall be included. as applicable. in the lease agreement between the County and the telecommunications facility operator. Section 13. Security Fund. Every Telecommunications service provider whether on public or private property shall establish a cash security fund. or provide the County with an irrevocable letter of credit in the same amount to secure the a e t of e ovin an te am telecommunications tower that has been determined to be abandoied'min! ev{nt nlr is not in com liance with Section 10. The amount to be rovidedí¡ el erêê~rn1bunicäïions Tower shall be Twent Five Thousand Dollars ($25.000); the amount for each antenna array shall be Five Thousand Dollars ($5.000). In the alternative. at the County's discretion, an operator may, in lieu of a cash security fund or letter of credit, file and maintain with the County a bond with an acceptable surety in the amount of Twenty Five Thousand Dollars ($25,000). The operator and the surety shall be jointly and severally liable under the terms of the bond. In the alternative. at the County's discretion. an operator may. in lieu of the cash security fund. letter of credit or bond. file with the County a corporate guarantee in a form acceptable to the County to be used as a security fund. Section 14. Penalties. Any person, firm or corporation who knowingly breaches any provIsIOn of this Ordinance shall upon receipt of written notice from the County be given a time schedule to cure the violation. Failure to commence to cure within thirty (30) days and to complete cure, to the County's satisfaction, within sixty (60) days, or such longer time as the County may specify, shall result in revocation of any permit or license and the County shall seek any remedy or damages to the full extent of the law. This shall not preclude other penalties allowed by law. Su uc;k tl.tol1gl, portions are deleted, Underlined portions are added, 30 PART B. Severability. The various parts, Sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, Section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shay not be affected thereby. In the event of a subsequent change in applicable law, so the provision which had been held invalid is no longer invalid the provision shall thereupon return to full force and effect without further action by the County and shall thereafter be binding under this Ordinance. PART C. Inclusion in the Code. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. PART D. Provisions of this Section to Control. Notwithstanding any contrary provisions of the County's Code of Ordinances, including the County's zoning regulations, the provisions of this new Ordinance shall control. PART E. Repealer. Any ordinances or parts t hereby repealed to the extent of su provisions of this Ordinance are PART F. Effective Date. This ordinance shall be effective upon filing with the Department of State. PART G. Applicability of Ordinance. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART H. 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 I. Adoption After motion and second, the vote on this ordinance was as follows: SIII\,k tl.löclgl. portions are deleted, Underlined portions are added, 31 Chairman Doug Coward Vice Chairman Chris Craft Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ENACTED this _ day of ,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Sh"Gk tI.IOlIgft portions are deleted, Underlined portions are added, 32 ~ AGENDA REQUEST ITEM NO. ~c.". DA TE: March 13, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 07-084 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County BACKGROUND: Due to the drought in St. Lucie County, the Fire Chief has requested that the County extend the ban on open air burning in St. Lucie County. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve Resolution No. 07- 084 and authorize the Chairman to sign the Resolution. [XI APPROVED [] DENIED [ ] OTHER: Approved 5-0 --' COMMISSION ACTION: Doug nderson County Administrator County Attorney: ~,. Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 -. - '" RESOLUTION NO. 07-084 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (OPEN AIR BURNING) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County Administrator declared a state of emergency on February 14, 2007, at 5:00 p.m. due drought conditions. 3. The drought conditions have placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until March 14, 2007 at 5:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective March 7, 2007 at 5:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX j. ~ PASSED AND DULY ADOPTED this _ day of March, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY \ ..........- AGENDA REQUEST ITEM NO. UD DATE: March 13,2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Reserve _ Conservation Easements; Letter to PGA Village Property Owners Association BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolutions No. 07- 071 and No. 07-072 accepting the Conservation Easements, provided by Reserve Homes, Ltd. and PGA Reserve, Inc., respectively. Staff also recommends that the Board authorize the Chairman to sign the draft letter to PGA Village Property Owners Association, Inc. COMMISSION ACTION: )(] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Motion to include amended language as stated by the County Attorney. u sAnderson County Administrator Review and Approvals E: County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Eft. 5/96 Finance: (Check for copy only, if applicable) , INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07-0261 DATE: February 12,2007 SUBJECT: Reserve-Conservation Easements; Letter to PGA Village Property Owners Association ************************************************************************************* BACKGROUND: On January 17, 2007, the Board approved a settlement agreement with Reserve Homes Ltd., L.P. Part of the settlement involved conservation easements from Reserve Homes Ltd. (Red Cockaded Woodpecker site) and PGA Reserve, Inc. (golf courses). Another aspect of the settlement involved a request by an attorney for some of the property owners for the County to send a letter concerning the enforcement of the micro-siting restrictions. Attached to this memorandum are copies of the following: Conservation Easement from Reserve Homes Ltd. Conservation Easement from PGA Reserve, Inc. Draft letter to PGA Village Property Owners Association, Inc. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolutions No. 07-071 and 07-072 accepting the Conservation Easements provided by Reserve Homes Ltd. and PGA Reserve, Inc., respectively. Staff also recommends that the Board authorize the Chairman to sign the draft letter to PGA Village Property Owners Association, Inc. DSM/caf Attachments ~ [LETTERHEAD OF ST. LUCIE COUNTY, FLORIDA] PGA Village Property Owners Association, Inc. Attention: John Csapo, President PGA Sales Center 9700 Reserve Blvd. Port St. Lucie, Florida 34986 Re: Micro-siting restrictions with respect to Native Upland Habitat contained in the Declaration of Covenants and Restrictions for PGA Village, as amended ("Declaration"), specifically those contained in the 4th Amendment (ORB 1314, Pages 897 et seq.) and the 6th Amendment (ORB 2091, Pages 512 et seq.) to such Declaration (the "Micro-Sitim! Restrictions") Dear John: This letter is being provided to you in accordance with the approval of that certain Settlement Agreement dated as of January 17, 2007, by and between St. Lucie County and Reserve Homes Ltd., L.P. (the "Settlement Agreement"). All capitalized terms not otherwise defined herein shall have the meaning ascribed in the Settlement Agreement. This letter will confirm that St. Lucie County will not require PGA Village Property Owners Association, Inc. to enforce the Micro-Siting Restrictions, referenced above. Pursuant to the Settlement Agreement, St. Lucie County has agreed to make certain modifications to the Reserve DRI Development Order that will ultimately remove the "Pre-Development Order Parcels" from the terms of the Development Order. This Amendment, once approved, will obviate the need for the Micro-Siting Restrictions. In addition, St. Lucie County has its own land development regulations protecting Native Upland Habitat. Consequently, St. Lucie County will not in the future require that PGA Village Property Owners Association, Inc. enforce the terms of the Micro-Siting Restrictions against individual property owners in PGA Village. This letter, of course, does not constitute a waiver by the PGA Village Property Owners Association, Inc. of any site plan approval requirement or other terms of the Declaration, nor does this letter constitute a waiver by St. Lucie County of any of its land use requirements, development regulations or permit requirements, under the St. Lucie County Land Development Code; including, without limitation, any such requirements relating to Native Upland Habitat. If you have any questions or comments regarding this letter, please do not hesitate to contact me. Very truly yours, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chris Craft, Chairman WPB 918768.1 RESOLUTION NO. 07-071 A RESOLUTION ACCEPTING A CONSERVATION EASEMENT FOR NATIVE UPLAND HABIT AT AREAS WITHIN PGA VILLAGE FROM RESERVE HOMES LTD., L.P. ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing CONSER V A TION EASEMENT is duly accepted on behalf of St. Lucie County this 27th day of February, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CONSERVATION EASEMENT TO THE COUNTY ON RED COCKADED WOODPECKER SITE Prepared bv and Return to: Daniel S. McIntyre, Esquire St. Lucie County Attorney 2300 Virginia Avenue 3rd Floor Admin Annex Fort Pierce, FL 34982-5652 Recording of this Conservation Easement shall constitute notice to the property appraiser and tax collector ofSt. Lucie County of the conveyance of this Conservation Easement to St. Lucie County, Florida. CONSERVATION EASEMENT TIllS CONSERVATION EASEMENT (the "Conservation Easement") is given this 7'- day of February, 2007, by RESERVE HOMES LTD., L.P., a Delaware limited partnership (hereinafter the "Grantor") to ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter the "Grantee"). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defmed) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands located within the development now known as "PGA Village" and formerly known as the "Reserve" in St. Lucie County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein ("Property"); and WHEREAS, the purpose of this Conservation Easement is to identify the location of existing native upland habitat areas within the Property and to provide for the preservation of such upland habitat areas; WHEREAS, this Agreement is also intended to comply with the terms of Condition 15 of the Development Order for the Reserve Development of Regional Impact, as adopted by Resolution 89-17 and subsequently amended from time to time (the "Development Order"), with respect to the identification and preservation of the upland habitat areas within the Property; and WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (2005), over the Property for the purpose of preserving the upland habitat areas within the Property. NOW, THEREFORE, in consideration of the foregoing premises together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement WPB 921785.1 for and in favor of the Grantee upon the Property. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Preservation. It is the purpose of this Conservation Easement to preserve the upland habitat areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such upland habitat areas within the Property as upland habitat in adherence with the Management Plan. Those upland habitat areas included in the Conservation Easement are to be maintained as required by the Management Plan. To carry out this purpose, the following rights are conveyed to Grantee by this Conservation Easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such upland habitat areas of the Property that may be damaged by any inconsistent activity or use. 2. Prohibited Acts. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Management Plan, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with the Management Plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; and g. Acts or uses detrimental to such aforementioned retention of land or water areas. 3. Passive Recreational Facilities Permitted. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that WPB 921185.1 are not inconsistent with the Management Plan and the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary to the purpose of this Conservation Easement may be permitted upon written approval by the Grantee. a. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as wildlife observation platforms, boardwalks or mulched walking trails. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: i. Grantor shall minimize and avoid, to the fullest extent possible, impact to any upland habitat areas within the Property; ii. Such facilities and improvements shall be constructed and maintained utilizing Best Management Practices; lll. This Conservation Easement shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state or local permitting requirements. '4. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this Conservation Easement shall be borne by and recoverable against the non- prevailing party in such proceedings. 7. Enforcement of the terms, provisions and restrictions ofthis Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 8. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization qualified to hold such interests under the applicable state laws. 9. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 10. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. WPB 921785,1 11. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in St. Lucie County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, RESERVE HOMES, LTD., L.P., has executed this Conservation Easement this '1 day of February, 2007. WITNESSES By: RESERVE HOMES LTD., L.P., a Delaware limited partnership By: Print a Title: By: STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this 3: day of February, 2007, by John Csapo, as Manager of Kolter Property Development, LLC, a Delaware limited liability company, the general partner of Reserve Homes, LTD, LL, Delaware limited partnership, who is personally known to me or who has produced identific ion and 0 did (did not) take an oath. (Seal) 1111 IIII r ..................................... NICOLE E. ANGELAKOS : ! _ ~ DD029!i011 ª !. . &pkes 3/2312008 : 5 ,~ Bonded thru (800)432-4254: . ø~'~ . . FI"rirl" Notary Assn.. Inc : 1..................all¡u..II:' .,..................1 AJ/CitL ~ · 4E:J~ Print or Type Name WPB 921785.1 WI1NESSES BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY Print Name: By: Print Name: Title: Chairperson Print Name: APPROVED AS TO LEGAL SUFFICIENCY Daniel S. McIntyre, Esquire St. Lucie County Attorney ST ATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of , 2007, by , as the Chairperson of the Board of County Commissioners of St. Lucie County, Florida, who is personally known to me or who has produced identification and who did (did not) take an oath. (Seal) Signature of Notary Public Print or Type Name WPB 921785.1 ",- ,~:'-i;;,,:-,t, " <) . EXHt'BIT ii~'¡ DESCRIPTION: IPGA @ THE RESERVE - WOODPECKER HABITAT-AREA "An) A PARCEL OF LAND LYING IN PART OF SECTIONS 22 AND 27, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE NORTHEAST CORNER OF LOT 66 ACCORDING TO THE PLAT OF RESERVE PLANTATION PHASE I AS RECORDED IN PLAT BOOK 24, PAGE 20 OFTHE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID POINT BEING ON THE SOUTHERLY LINE OF A 300.00 FOOT INGRESS AND EGRESS EASEMENT KNOWN AS "RESERVE BOULEVARDM, AND RECORDED IN OFFICIAL RECORD BOOK 629, PAGES 2523 THROUGH 2526 INCLUSIVE OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THENCE SOUTHEASTERLY ALONG THE SOUTHERLY EXTENSION OF SAID "RESERVE BOULEVARD"; SOUTH 48°11'37" EAST, A DISTANCE OF 270.2':7 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 2350.00 FEET AND A CENTRAL ANGLE OF 13"08'14"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 538.83 FEET TO A POINT ON NON-RADIAL INTERSECTION; THE RADIUS POINT OF SAID CURVE BEARS SOUTH 54°56'37" WEST FROM THIS POINT; THENCE, NON-RADIALLY, SOUTH 41°48'23" WEST, A DISTANCE OF 758.60 FEET; THENCE NORTH 48°' ' '37" WEST, A DISTANCE OF 822.78 FEET TO THE SOUTHEAST CORNER OF SADDLEBROOK DRIVE AS SHOWN ON THE PLAT OF RESERVE PLANTATION PHASE I, AS RECORDED IN PLAT BOOK 24, PAGE 20, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY LIMITS OF SAID RESERVE PLANTATION PHASE! THE FOllOWING THREE COURSES; NORTH 14D~T22" WEST, A DISTANCE OF 112.07 FEET TO A NON-RADIAL INTERSECTION WITH A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 890.00 FEET, A ·CENTRAL ANGLE OF 34044'10" AND WHOSE RADIUS POINT BEARS NORTH 17°01'54" WEST FROM SAID INTERSECTION; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 539.57 FEET TO THE POINT OF TANGENCY; THENCE NORTH 38D13'56" EAST, A DISTANCE OF 242.31 FEET TO THE POINT OF BEGINNING. CONTAINING 15.19 ACRES MORE OR LESS. MISCl93267·A,OES 1 July '-7. 1994 7 of 8 ,..J<:' ,.........~..,..._Ø....._w_.'...ø...' ~":' '1': '" .... .' .,,'~. . .... . . ..';.,....' .' ..,.... , _.'" ',1 . .."..... ...;..:.".i.. .:'. '. : . .;.; :;t .:'~. . ". ~. ':'. ~ .... Sk~ËTèH·'~(O ACCOMPANY'DESCRIPTION ~/.-/" \ \ú/z\ ~ Ol\':~' /7' . ,.' .,,.,;' ,'~ 1\,. ___ ':7<?r7":'7?: / -=:.~v'O \' -- ,'. '., :...' , . '" ¡ \. . lZe~e:1Z.'Iß,: IiRUT'Rr.If:?1.J f)f. r Y' .~ .' P.D. .:24, pc:;. 'Zo ' '. 01{} .",tt. ' '.::, Go'? . .:.. ':,u"':':', " '... "?J' ^ ' /~... , " ;:.. " :~ ol), Å A,:',s.à.~44-·IO'" .' , ..~ -.)IC " 'tz.' ,;".",0 '00' ~ . ~~V'~. " Á': ;~q'.¿"¡; .~~~ " (,I¿\-: : ./' , ~ V· I' :}. ,/ ",: ,.. ~QJ , 1(.((.' .' ,~O f.()'" '!J'" \ . ' . , , r>"/:., "" .-!' ,". ':"'(' :.l-WOO~Pe.C -('.~ 2.. ..... . '" , ' " '. . .ú~., ' ..' , /. ", :,::!:..~/:., :..; ,... ' . . \: '. ··J.5f>ø,iS'S,,"1S . . '. ·i]4.'2. sf' . "-fl.,. .,/., .::;.;.> . . . ....... '. . ." , .... , " , .. . , , .. '. . . .' . . :,- .: .' SKET~1i ~'? AÇC~~r..ANY OESCl~.1PT ON "~ :. . .: " .. . ...,,;..:.. ,:,~f.;,~·øt·):~:;': '.' '.' cÄi.iAYWÅ~i;,ilAND>; , ':'::'~:~ ¢ÂTJLef:·:é9~i~{:·'::;: ':·'.LAWSON NOBLE & ASSOC'IÄT~E'S::~1NC"· " . , ." , ", '..' " ': .., ..,,' . ,".. "-CONSULTING ENGINEERS, LAND PLANNERS, :'SURVEYORS ',' . . : '.' .'" :.:':' ','.. 590 N.W. PEACOCK LOOP, SUITE 1110': ',: PORT ST. LUCIE, FL. 34986 PH: (407) 878-1700 :~ ...1" ,",",l.t.·¿¡"'¡' REVISIONS- UPDATES DATE BY CK'D NOTE: HI$ IS NOT A SKETCH Of SUI\VEY. "''' otIot1". .,.pNc. 4.pJo\ÏM Ør tb. d,,",ipUon ..hown ntreon.. "tM... h.. b.en ÞÞ fi;Jd WOfk., ""Moll or \~. .v1Jiu:t ".pttI1., or ~D'Ularl\.n.,J ..I (", conn.e.1Ìon with ~ prCPG16&to!' .( ,~1\i.. infatmldon ,howl\. h.'eon~ JOB 'No.ors-/ðS BY. J.S.G. CHECKED: M.T.I-'.. DATE: 7· Ztt. ·C:;¡4 . 8 of 8 RESOLUTION NO. 07-072 A RESOLUTION ACCEPTING A CONSERVATION EASEMENT FOR NATIVE UPLAND HABITAT AREAS WITHIN PGA VILLAGE FROM PGA RESERVE, INC. ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing CONSERVATION EASEMENT is duly accepted on behalf of St. Lucie County this 27th day of February, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Prepared bv and Return to: Daniel S. McIntyre, Esquire St. Lucie County Attorney 2300 VIrginia Avenue 3rd Floor Admin. Annex Fort Pierce, FL 34982-5652 Recording of this Conservation Easement shall constitute notice to the property appraiser and tax collector of St Lucie County of the conveyance of this Conservation Easement to St. Lucie County, Florida CONSERVATION EASEMENT THIS CONSERVATION EASEMENT (the "Conservation Easement") is given this _ day of , 2007, by PGA Reserve. Inc. ("PGA") a Florida Corporation (hereinafter the "Grantor") to ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter the "Grantee"). As used herein, the term Grantor shall include any and all heirs, successors, purchasers or assigns of the Grantor and any subsequent owners of the "Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is owner of certain land located within the development now known as "PGA Village" and formerly known as The Reserve in S1. Lucie County, Florida and more specifically described in Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property"); and WHEREAS, the purpose of this Conservation easement is to identify the location of existing native upland habitat areas within the Property and to provide for the preservation of such native upland habitat areas in perpetuity, subject to the terms set forth below; and WHEREAS, this Agreement is also intended to comply with the terms of Condition 15 of the Development Order for The Reserve Development of Regional Impacts, as adopted by Resolution 89-17 and subsequently amended from time to time (the "Development Order"), with respect to the identification and preservation of the native upland habitat areas within the Property; and WHEREAS, the native upland habitat areas within the Property are composed' of acres as depicted on the Native Upland Habitat Areas Map attached as Exhibit "B" attached hereto and incorporated herein; and WHEREAS, the Grantor intends that the areas depicted on the Native Upland Habitat Areas Map attached as Exhibit "c" be preserved and managed in perpetuity in accordance with the Upland Area Monitoring and Management Plan for The Reserve, dated January 2006, a copy of which is attached as Exhibit "c" (hereinafter the "Management Plan") unless specifically provided otherwise under the terms of this Conservation Easement; and WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (2006), over the Property for the purpose of preserving the native upland habitat areas. NOW THEREFORE, in consideration of the foregoing premises together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property. 1. Preservation. It is the purpose of this Conservation Easement to preserve the native upland habitat areas in their natural, vegetative, hydrologic, scenic, open or wooded condition and to retain such native upland habitat areas as upland habitat in adherence with the Management Plan. Except as otherwise provided herein, those native upland habitat areas included in the Conservation Easement are to be maintained as required in the Management Plan. To carry out this purpose, the following rights are conveyed to Grantee by this Conservation Easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such native upland habitat areas within the Property that may be damaged by any inconsistent activity or use. 2. Prohibited Acts. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Management Plan, and except as provided in Paragraph 4 of this Conservation Easement, the following activities are prohibited within the native upland habitat areas within the Property and identified in Exhibit "B": a. Construction or placing of buildings, roads, signs, billboards, advertising, utilities, or other structures on or above ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other native vegetation, except for the removal of exotic or nuisance vegetation in accordance with the Management Plan; d. Excavation, dredging, removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface of the land; e. Surface use except for passive uses that permit the land or water area to remain in its natural condition; f Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or conservation of fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; and g. Acts or uses detrimental to such aforementioned retention of land or water areas. 3. Passive Recreational Facilities Permitted. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property and the native upland habitat areas that are not prohibited herein and that are not inconsistent with the Management Plan and the intent and purposes of this Conservation Easement. Passive recreational uses that are not contrary to the purpose of this Conservation Easement may be permitted upon written approval by the Grantee, which approval is not to be unreasonably withheld. a. Grantor may conduct limited land clearing subject to Grantee's approval, for the purpose of constructing limited pervious facilities such as wildlife observation platforms, boardwalks or mulched walking trails. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: i. Grantor shall minimize and avoid, to the fullest extent possible, impacts to the native upland habitat areas; ii. Such facilities and improvements shall be sited, constructed and maintained utilizing Best Management Practices; and 111. This Conservation Easement shall not constitute permit authorization for the construction or operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state or local permitting requirements. 4. Reconfiguration and Replacement of Native Upland Habitats. Grantor shall retain the right, subject to the limitations contained herein, to reconfigure the layout of portions of its golf course constructed and operated on the Property ftom time to time. Grantor and Grantee recognize that the reconfiguration of the layout of holes on Grantor's golf courses may result in the encroachment and destruction of portions of native upland habitat within the native upland habitat areas identified on Exhibit "B". Such encroachment and destruction of portions of native upland habitat may only be permitted by Grantee under the following conditions: a. Encroachment and destruction of portions of native upland habitat may only occur as a direct result of the reconfiguration of the layout of holes on the golf courses on the Property. Encroachment and destruction for the relocation of restrooms, paved cart paths, maintenance facilities or other structures is not authorized by this Paragraph. b. Such encroachment and destruction shall be completely offset by the replacement of native upland habitat, which habitat shall be contiguous with existing and remaining native upland habitat areas in the following manner: i. Native upland habitat to be destroyed in connection with any reconfiguration of the golf course shall be identified by the Grantor and shall be mapped and quantified by the Grantee. ii. Grantor shall provide Grantee with a plan showing the newly configured native upland habitat areas, which shall demonstrate the replacement of native upland habitat on a 1 to 1 ratio. 111. Grantor shall also provide Grantee a replanting plan which, at a minimum, shall provide for the replacement of all native trees to be destroyed at a 2 to 1 ratio, and which shall indicate the species, number and location of native plants to be replanted. All trees and shrubs must be Florida natives. All trees replanted must be Florida Number 1 quality or better and must be at least 12 feet in height with a diameter at breast height of 2.5 inches. Native palms may be utilized at a ratio of no more than 2 palms with a 10 foot minimum trunk per each mitigation tree. Shrubs must be planted in 3 gallon sizes or greater. Grantee shall provide temporary irrigation in all replanted areas and shall immediately replace all trees or shrubs with die within the first year of replanting. Grantor must submit monitoring reports of the replanted areas including photographs to Grantee every 120 days for the first three years. iv. Grantor must approve both the new configuration and replanting plan for any replacement upland habitat, and Exhibit "B" to this Conservation Easement shall be amended to reflect the new configuration of upland habitat areas and shall be recorded in the public records of St. Lucie County prior to the commencement of any construction on the golf course. v. Replacement habitat shall be created and replanted contemporaneous with any golf course reconstruction. VI. Grantor may not destroy more than 10 contiguous acres of native upland habitat during any single golf course reconfiguration. vii. Grantor may not reconfigure the native upland habitat areas as part of a golf course reconfiguration more often than once every 5 years, unless approved in advance in writing by the Grantee. 5. No right of access by the general public to any portion of the Property IS conveyed by this Conservation Easement. 6. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this Conservation Easement shall be borne by and recoverable against the non· prevailing parties in such proceeding. 8. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions under this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 11. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 12. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors in interest, which shall be filed in the public records of St. Lucie County. 13. The City of Port St. Lucie, Florida, municipal corporation of the State of Florida, shall have a "third party right of enforcement" (as provided in Section 704.06(8), Florida Statutes) with respect to this Conservation Easement. TO HA VE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this Conservation Easement; and that is hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,~\\òs\"i('\e. M .GQr~~ has executed this Conservation Easement this 23rd day of January, 2007. WITNESSES By: Grantor ~~~ By: C' ~Q.' ftl )d~ Print Name: Christine M. Garrity Title: Secretary & Managing Director & General Counsel w ~g PrintN~!:J~ ...... ~ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 23rd day of January, 2007 by Christine M. Garrity, as the Secretary & Managing Director & General Counsel ofPGA Reserve, Inc. (x) who is personally known to me or who has produced identification and did (did not) take an oath. (Seal) (~¿11(,4 iJ;n'f.1.~#JY \-JjS ature of otary Public ::'......,!!Q,"':~Ji:....IJ1!· ,.~ . ~t!el..,'........I.. :.../I~-:' l' ( ~.' ~:::If\.'O : : ~,\,\\U; ~JIIJ, : . ~~'t-,..'{r¿/.._, r)~,. : !-?~..~';~; : . =,,",'"'; ~, ',1. J1l . : \J-t ~:'~<' - , - , - : : ""llí¡f[;~~" . ~"_., ;.:.n.. fnc : ".......,..Ii._~:.¡L._ ~ ..~~..,"Ø; ..............u...u L .".ITU........... : UNMG.IEWRINØ J- .; c..aallf/'B01 WI _tft,IJOtO ! .....'*-r....1IIC ~.........................................I. lUìc\(Á G. ~"e'(\(\o Print or Type Name: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY Print Name: By: Print Name: Title: Chairperson Print Name: Exh.;'o;\ 'B Ryder Course 12/5/2000 Hole # Location on Hole Size 1 Left ofT ee 0.110 Left of Tee 0.100 Left of Drive Zone 0.045 50% value of actual size. Left of Green 0.070 50% value of actual size. Left of Drive Zone 0.190 Riaht of Green 0.250 Riaht of Green 0.130 Left of Green 0.140 2 Riaht of Tee 0.570 Left ofT ee 0.290 Left of Fairway 0.080 Riaht of Fairway 0.100 50% value of actual size. Riaht of Fairway 0.090 50% value of actual size. RiQht of Fairway 0.090 50% value of actual size. RiQht of Fairway 0.080 50% value of actual size. RiQht of Fairway 0.090 50% value of actual size. Left and Behind Green 0.160 Left and Behind Green 0.220 3 Left of Tee 0.350 Riaht of Drive Zone 1.000 Next to Comfort Station 0.180 4 Behind Tee 1.000 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (.2) Riaht ofTee 0.800 Left of Fairway 0.350 Short Left of Green 2.550 Short Left of Green 0.680 75% value of actual size. Left of Fairway 0.750 50% value of actual size. 5 Behind Tee 0.125 25% value of actual size. Extends Length of Hole on Right 0.780 6 Left of Drive Zone 0.250 50% value of actual size. RiQht of Drive Zone 0.170 Short Left of Green 0.830 7 Left ofT ee 0.450 Left of Fairway 0.120 8 Behind and RiQht of Tee 4.040 *CAUTION - POTENTIAL FUTURE GROWTH lNHIBITOR* (.54) Riaht of Fairway and Green 2.000 Left of Green and Car Path 0.410 9 Left ofT ee 0.230 Short Left of Green 0.070 Back Right of Green 0.250 10 Back Left of Tee 0.340 Left of Fairway 1.100 Left of Fairway 0.800 Left of Fairwav 0.200 Right of Green 0.500 Pro Tee Behind North End 0.330 Behind North End 0.070 Hole # Location on Hole Size 11 Short of Tee along Path 0,140 Short of Tee alona Path 0.060 Behind Tee 0.270 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (.13) Behind Tee 0,100 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (.04) Riaht ofTee 0.450 Left ofT ee 0.130 Left of Drive Zone 0.630 Riaht of Drive Zone 0.070 Riaht of Drive Zone 0.380 Riaht of Drive Zone 0.100 Short Right of Green 0.260 12 Short Left of Tee 0.120 Short Left of Tee 0.120 Behind Tee 0.100 Behind and Riaht of Tee 0.180 Right ofTee 0.350 Left of Green and Water 0.550 Right of Green 0.210 13 Riaht of Tee Next to Road 0.730 Right of Drive Zone and Path (?) 0.500 14 Behind and Riaht of Tee 1.330 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (.33) Left ofT ee 0.750 Left ofT ee 0.130 Left of Tee 0.700 Riaht of Drive Zone 0.480 Riaht of Fairwav 1.000 Contiauous to woodpecker preserve. Left of Green 0.380 Left of Green 0.180 15 Riaht of Green 0.050 Right of Green 0.230 Right of Fairway 1.000 This area runs contiguous with the woodpecker preserve. 16 Right of Green 0.890 17 Left of Drive Zone 0.250 50% value of actual size. Left of Drive Zone 0.375 50% value of actual size. 18 Left ofT ee 0.520 Left of Fairway 0.830 Total Ryder Course 38.075 Wanamaker Course rIole # Location on Hole Size 1 Riaht of Drive Zone 0.170 Riaht of Drive Zone 0.310 Left of Drive Zone 0.430 Riaht of Fairwav 2.750 Area wraps around to riaht of #8 fairway. Left of Fairwav 0.220 Short Right of Green 0.410 Right of Green 0.070 (On other side of marsh) Behind and Right of Green 0.280 !Hole # Location on Hole Size 2 Left ofT ee 1.430 Right of Tee 1.850 500/0 value of actual size. Area wraps around behind tIS green and right of #7 fairway. Left of Fairway 0.775 3 Right of Drive Zone 0.330 4 Behind and Left of Green 0.240 *Does this inhibit lake expansion?* 5 Riaht of Tee 0.780 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (.28) Left of Tee and Path 0.170 8 Right ofT ee 0.375 50% value of actual size. 9 Behind and Right of Green 0.180 10 Left of Drive Zone and Path 0.750 Behind and Right of Green 1.600 12 Rioht of Drive Zone 1.350 .30 of an acre subtracted. Rioht of Drive Zone 0.180 Rioht of Drive Zone 0.180 Right of Drive Zone 0.200 13 Behind Tee 0.090 Riç¡ht of Tee and Lake 0.190 Left of Green 0.310 14 Right ofT ee 1,000 50% value of actual size. Riaht of Tee 0.700 Short and Left of Fairwav 0.240 Left of Green 0.500 14&15 Left and Right of Fairwav, Behind ( 6.550 *CAUTION - POTENTIAL FUTURE GROWTH lNHIBITOR* (1.55) 15 Behind and Left of Tee 0.500 Left of Drive Zone 0.060 Left of Drive Zone 0.380 Left of Green 0.200 50% value of actual size. 16 Left and Behind Green 0.400 17 Left of Hole 2.675 Left of Fairway 0.100 Total Wanamaker Course 28.925 Dye Course tHole # Location on Hole Size 1 Left of Tee and Wetland 0.425 50% of value deducted, other 50% part of wetland. Left of Green 0.210 2 Left of Drive Zone 0.690 Far Left of Green 0.160 Behind Green 0.800 3 Right of Fairway 0.190 5 Left ofT ee 1.020 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (.27) Left of Drive Zone 0.250 50% value of actual size. Right of Green 0.390 6 Right of Fairway 0.380 Hole # Location on Hole Size 7 Along Drive to Tee on Left 0.470 Along Drive to Tee on Right 1.240 Left ofT ee 0.270 Left of Drive Zone 1.430 Right of Green 1.240 8 Behind Tee, Left and RiQht 1.080 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (.28) Left of Tee, Across Pond 0.950 Left of Drive Zone 1.530 Behind Green and Right 0.110 9 Right of Drive Zone 0.500 50% value of actual size. 10 Right of Fairway 0.850 Right of Green 0.650 Behind Green 0.730 11 Left ofT ee 0.160 Left of Fairwav 1.490 Left of Fairway 0.900 16 Left of Green, End of Pond 0.450 Right of Green 2.680 17 Left of Tee and Fairway 0.850 Right of Green 0.260 Left of Green 1.510 *CAUTION - POTENTIAL FUTURE GROWTH INHIBITOR* (.25) 18 Back Left of Green 1.090 Total Dye Course 24.955 TOTAL ALL 3 COURSES 91.955 'Total Acres to Eliminate Any Growth Inhibitors - 3.87 Acres \ -.,1' AGENDA REOUEST ITEM NO. C-2.E Date: March 13, 2007 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Treasure Coast Connector Marketing Program - First Amendment to November 30, 2006 Subgrant Agreement with Council on Aging of St. Lucie, Inc. BACKGROUND: See C.A. No. 07-0397 FUNDS A V AIL.(State type & No. oftransaction or N/A): Account No. 001414-4910-582015-400 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the November 30, 2006 Subgrant Agreement with Council on Aging ofSt. Lucie, Inc., and authorize the chairman to sign the amendment. COMMISSION ACTION: Dou as . Anderson County Administrator 1(] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: (f;/' (/¿ r1t:rr Coordination/Si!!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: 07-0397 DATE: March 6, 2007 SUBJECT: Treasure Coast Connector Marketing Program - First Amendment to November 30, 2006 Subgrant Agreement with Council on Aging of St. Lucie, Inc. BACKGROUND: On November 30, 2006, the County entered into a Subgrant Agreement with Council on Aging of St. Lucie, Inc. which provided for the County to disburse Federal Transit Administration grant funds to the Council to be used for radio marketing of the Treasure Coast Connector transit buses. The Subgrant Agreement provided for the funds to be disbursed in two equal installments of twenty thousand and 00/100 dollars ($20,000.00) each. Staff and the Council have since determined that it would be more efficient to disburse the funds in response to request for payments from the Council as expenses are incurred. The proposed First Amendment to the Subgrant Agreement which is attached to this memorandum provides for this change as the project moves forward. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the November 30, 2006 Subgrant Agreement with Council on Aging of St. Lucie, Inc., and authorize the chairman to sign the amendment. Respectfully submitted, ~,.._-=-- Heather %uÍîg Assistant County Attorney Attachment HYI Copies to: County Administrator Community Services Director Finance Director Management and Budget Director jo.,. .,. FIRST AMENDMENT TO NOVEMBER 30,2006 SUB GRANT AGREEMENT THIS FIRST AMENDMENT, made this day of ,2007, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County," and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": WITNESSESTH: WHEREAS, on November 30,2006, the parties entered into a sub grant agreement which provided for the County to disburse a sub grant in the amount of forty thousand and 00/100 dollars ($40,000.00) to the Council to provide funding to purchase and promote regional radio marketing of transit buses in two equal installments of twenty thousand and 00/1 00 dollars ($20,000.00) each, hereinafter referred to as the "Subgrant Agreement"; and, WHEREAS, the parties have determined that it is necessary to amend the Sub grant Agreement to provide for the Council to submit requests for payment as expenses are incurred in order for the Project to proceed in a more efficient manner. NOW, THEREFORE, in consideration of the mutual benefits received by each party the parties hereby agree to amend the Sub grant Agreement as follows: 1. Paragraph 1 ofthe Agreement shall be amended to read as follows: 1. The County shall disperse to the Council a subgrant in a total amount not to exceed forty thousand and 00/100 dollars ($40,000.00) pursuant to the Federal Transit Administration grant agreement with the County, hereinafter referred to as the "Grant Agreement." The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement is forty thousand and 00/100 dollars ($40,000.00), to be used to provide funding to purchase and promote regional radio marketing of transit buses, hereinafter called the "Project." The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of this Subgrant Agreement. 2. All other terms and conditions of the Subgrant Agreement shall remain in full force and effect. [The next page is the signature page.] 1 ,"' , IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. BY: PRESIDENT SECRETARY (SEAL) g: \atty\agreemnt\contract\ 1 a-coa.marketing .doc 2 , -,;- AGENDA REQUEST ITEM NO. C2r .... DATE: March 13, 2007 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. 07-0401 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. [xJ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dougl s . Anderson County Administrator COMMISSION ACTION: [X] County Attorney: (}, 1·11/ i~:J/c:J Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 ,.,.- "4 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: 07-0401 DATE: March 13, 2007 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. Since November 21, 2006, the Board has approved extensions 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. RECOMMENDATION/CONCLUSION: Staff recommends the that Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. Respectfully submiìted, ? ~~~7/l1"t ~ Heather Sperrazza Lueke!7 Assistant County Attorney HLI .~ ~. 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 21, 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 March 20, 2007 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 March 13, 2007 at 9:00 a.m. Jack T. Southard Public Safety Director AGENDA REQUEST ITEM NO. C3 H DATE: March 13, 2007 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Permission to Advertise Public Hearing BACKGROUND: The Office of Management and Budget is preparing to present a Budget Amendment to the Board for the purpose of recognizing the actual cash balances carried forward from the previous fiscal year. This amendment will also adjust current year revenue and expense estimates. Florida Statute 129.06 (f) requires the Board to hold a Public Hearing before amending the adopted budget in this manner. FUNDS AVAILABLE: 001-1110-549000-100 (General Fund, BOCC General Government, Advertising) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Office of Management and Budget to schedule and advertise a public hearing to amend the budget. be] APPROVED [] DENIED r-] OTHER: Approved 5-0 NCE: COMMISSION ACTION: ouglas M. Anderson County Administrator /......... I/o County Attorney:xx ¡.)f. Coordination/Signatures Management & BUdget:~purchasing: Public Works: Other: Originating Dept: Finance: (Check for Copy only, if applicable)~. G:\BUDGEn WP\AGENDA'S\AGENDA07\3'13'07FBF AD,DOC '" ~ OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #07-27 TO: Board of County Commissioners FROM: Marie Gouin, Management & Budget Director SUBJECT: Approval to Advertise for a Public Hearing DATE: 3/13/2007 The Office of Management and Budget is preparing to present a Budget Amendment to the Board for the purpose of recognizing the actual cash balances carried forward from the previous fiscal year. This amendment will also adjust current year revenue and expense estimates. Florida Statute 129.06 (f) requires the Board to hold a Public Hearing before amending the adopted budget in this manner. ., ~ AGENDA REQUEST ITEM NO. C-3 B DATE: March 13,2006 REGULAR PUBLIC HEARING CONSENT [ X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Request to approve Budget Resolution 07-081. BACKGROUND: On August 1, 2006 the Board of County Commissioners approved Budget Resolution 06-249 to recognize unanticipated funding in the amount of $14,741 from the Florida Department of Community Affairs, Community Emergency Response Team (CERT) Grant #07-CI-5R-10-66-01-163 for the FY06 budget. This resolution is to establish the grant's budget in FY07. FUNDS AVAilABLE: N/A PREVIOUS ACTION: Approval of Budget Resolution 06-249 on August 1,2006. RECOMMENDATION: Staff recommends the Board approve Budget Resolution 07-081. COMMISSION ACTION: tXJ APPROVED [] DENIED [ ] OTHER Approved 5-0 ENCE: o g Anderson County Administrator Coordination/~iQnatures YL\bliC.~ LAvl~ \A." tt í ~ So.fe.~ ,}.. County Attorney: ~ )ft1 Management & BUd9~t:,,~ther. ~ Finance: (Check for Copy only, if applicable) J . OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #07-29 COUNTY" FLORIDA TO: Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: Community Emergency Response Team Grant DATE: March 13, 2007 The $14,741 grant funds will be used in a program that educates people about disaster preparedness for hazards that may impact their area and training them in basic disaster response skills, such as fire safety, light search and rescue, team organization and disaster medical operations. Using the training learned in the classroom and during exercises, CERT members can assist others in their neighborhood or workplace following an event when professional responders are not immediately available to help. Resolution 07-081 is needed to establish a budget for the grant in FY07. Staff recommends approval of budget resolution #07-081 . RESOLUTION NO. 07-081 WHEREAS, subsequent to 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 Community Affairs in the form ofa Community Emergency Response Team (CERT) Grant in the amount of$14,741 as funding to educate and train CERT members to assist others when professional responders are not immediately available to help. 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 13th day of March 2007, pursuant to 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 001187-2510-334202-200 APPROPRIATIONS 001187-2510-534000-200 Dept of Community Affairs $14,741 Other Contractual Services $14,741 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 13TH DAY OF MARCH 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ;TR_DOCUMENT_ VIEW Page 2 ot:; AGI!NDA ttiPU EST ITI!M NO. ....cIs: : .ij¡!iJO.:'~.~,.~'.::-...... J"~'~'>' COUNTY , I 0 ~ I LJ '" ....- , .~.,.;.. -,. " DATI~AugU.t1,20D6 REGU LAR [ ] PUBUC H eAlUNG [ J CONS!NT [X } TO; BOARD OF COUNTY COMMISSIONERS SUBMITTED BY{CEPT): PUBLIC SAFETY PRESENTED BV: JACK T. SOUTHARD PUBUC SAFETY DIRECTOR SUBJECT¡ CommunJty Emergency Response Team ContrBct (CERT) BACKGROUND: St. Lucie county has received i1 Community Emergency Response Team Grant. Amount of Grant Is $14,741.00 (See attec:hed memorandum). FUNQ$ WILL Be I'~ILABLE: 001416-2510-534000-200 (Other Contractual Services) PREVIOU~ ACTION: Board of County CommissIoners approved the Community Emergency R.esponse T9m (CEFlT) Grant application and the acceptance of the Grant on February 14, 2006. 'RECOM MEN 12ATION : Sti,ff recommends that the Board of County Commissioners approve Budget Resolution # 06-249 and have the Chalrm81'l to sign. ÇQMM!SS~Oll ACTION: [)Q APPROVED [] DENIED [ ] OTHER: Ap proved 5-0 o liS Anderson County Administrator Review aQ.d ADptovals Jo 8In~\ ement , BUdg~t~ Oth.&~: Pu.rcl"oUin; : Othtlr! L~~_ i'inanoe I (Chile 1ft. 5/96 lttp:lldocuments.stlucieco.gov IweblinklDoc View .asp?DocumentID= 1859&FolderID= 185 8&SearchHandle... 2/22/2007 )TR_ÐOCUMENT_ VIEW Page 1. 01 j Se. Luai. COUI1:Y .l)ep&rtment oE .Pøbl1.ø S.~.t::y D:Lris.i.oD ø~ DDergezzay "'D.g~'t: S~-Rt ~ij~Œ~11 i~~-· ~~ COUNTY"" f I 0 11 [ " ,~ -"-- ...':_'__ , ,__ __1'- ~ ~: Board of County Commissioners ~: Jack T. Southard, Public Safety Director DA3: Augu.t 1, 2001 RBF: community mmergency Response Team Program (CERT) The Board of County Commissioners approved the Community Emergency Response Team Program (CERT)app11cation and the acceptance of thè grant on February 1', 2006 for St. Lucie County to receive $14,141.00 to assist in maintaining a CERT Program fram the State of Florida, Departm&nt of Community Affairs. The Community ~mergency Reaponse Team (CERT) Program educates people abou~ disaster preparedness for ha2a~ds that may impact their, area and trains them in basic disaster re~pon8e skills, such as fire safety, light search and resoue, team organization and disaster medical operations. Usinq the training learned in the classroom and during exercises, CERT member~ can assist others in their neighborhood O~ workplace following an event when professional responders are not immediately available to help. Therefore, Staff recommends that the Board of County Commdssioners approve Budget Resolution *06-249 and have the Chairman to sign. JTS/mgp lttp://documents.stlucieco.gov/weblink/DocV iew .asp?DocumentID= 1859&F olderID= 185 8&SearchHandle... 2/22/2007 HR_'DOCUMENT _ VIEW Page L ot j :, RESOLUTION NO. 08-249 'NHEREAS, subsequent to the adol)tion of the St. Lucie Count)' Boøro of Ccunty CommisslonElT1 budget for st. Lucie County, csrtaln funds not anticipated a.t the time of adoption of the budgel have becomè avaUabte (rom the Florida Department á Communtty AffairB In the amount of $14,741 I" the form of a Community EmergenCl/ R.e!~onsa Teem (CERT) Grant. WHEREAS, SéOtion 129.œ (d), Ronda StatutH, requires the Board or County Ccmm¡BSlonera to adopt a I'9so1utJon to øpproprlete Ind expend 1t.rd1 funcls. NOW, THEREFORE, Be. rr RESOLVED by the Bow of County Commissioners ct st. LuC¡. County, Flcrtda, in meetln; It8embled this 1st day of AuglJet, 2OOS, putalarit to Section 129.06 (cI), Frorfda $taflItes. that $Uch funds are hereby appropñlltecl for the fISCal year 2005-2C0f3, and the County'! budget IS hereby emended u folKIWs: REVENue 001416,,2610-334202..200 Flolida Oept of community Affårs $14,741 AfPROPRlATIONS 001418-261~OO~200 Machinery IInti Equipment $14,741 After motion and øecond the vote on thll resolution weB as ~ OWB: Commissioner Doug Coward, Chairperson Commlss!aner C~r 8 Crsft, Vice Chairperson Commihioner Joseph e. Smith Commissioner F.rannle Hutchinson Commi.oner Paula A l..8'Ms xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED TIfla 1åt DAY OF AUaUST 2008. AmST: SOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORiDA BY:_ CHAIRMAN' APPROveD AS TO CORRECTNeSS AND FORM: COUNTY ATTORNEY lttp://documents.stlucieco.gov/weblink/DocView .asp ?DocumentID= 1859&F olderID= 185 8&SearchHandle... 2/22/2007 HR_DOCUMENT_ VIEW Page 2 of3 . BUTI OF fl.Oltlo,\ DEPARTMENT OF COMMUNITY AFFA'RS "D8dloltled to mBklnç: Flerlda II t>ett" plscfI it) (JIIJ hom." JIIIIJIIH hir'!I>r TKAOÞIW, L. tlt)NDiI, AlA "'111;1¡~ ¡un~ 291 2006 Ms. Mary Dutro St. Lucie County 2300 Virginia AvenUð Ft. Pierce, Florida 34982 ~ Ms. Dutro, St. Lucie Count)' has been approveà for FederaJ Fiscal YelU' 2006 Community Emergency Response Team (CERT) sub-grant funding from th~ FJorlda DivisioIl of Em~t'gency Management in the amount of514,741.00. The sub-grant period wiH run through September 30~ 2007; however, ilis= timetable for mq>end.ìture.!l. rCJ10rU and close-out must be followed as d~tai1ed in the contract. P1l~a!œ have an Coar (4) copt. of the contract signed in original signature by the same jDdlvtdl1aJ who Itgned the origiDaJ lub..grant appUçatlou (i.e. Mayor/Chainnan of County CommiS:Sion). Pleue return an four (4) ,i~aed copies or the contract wlthiD three weeks. If it is nec~ssary to keep the contracts for a Jonger period of time, for commission or city/county approvalt pteue notify our OIDCD immediately using the e.maiI addreS$ Jisted below, with an anticipated date of action. Please schedule any necesiaty a.pproval action as soon as possible, sub-grant funds ~not be .lJpent until the signed oontraçtS; are returned and ratified by the Director of the Dìvision of Bmergency M:anagement. In addition, please submit a reviJoed budget and scope of work to reflect th~ change jn SJ'11DUllt of your sub.,grant award. Plel8e do not hesitate. to contact our oflicc if you have any questjoßII or concerns. Thank you. Contact Infonnfltion: Erin L. Hays State Citizen ColJ'slCBR T Coordinator 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 4 I 4-7768 Erin .Havs@dca.state.fl.us ~ Bart Frost Human Servjces Manager~ Citizen CoIpalCERT Program Managc.r 00: Marcia Chiric.oa Iim HtUnptOD lttp://documents.stlucieco.gov/weblink/DocView .asp ?DocumentID= 1859&F olderID= 185 8&SearchHandle... 2/2212007 AGENDA REQUEST ITEM NO. C 3C DATE: March 13, 2007 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Resolution 07-085 to establish budget for South Causeway Park. BACKGROUND: The project is to stabilize the shoreline of South Causeway Park on Hutchinson Island. The grant requires a 50% match. This will be from County contribution of$129,150 from Parks Impact Fees and $129,150 from the Ft. Pierce Redevelopment Authority. FUNDS WILL BE MADE A V AILABLE: 310206-7210-563000-7610 Improvements OfT Buildings PREVIOUS ACTION: On October 24,2006, the Board accepted the grant of$258,300 from the Florida Inland Navigation District. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve resolution 07 -085. [xJ APPROVED [] DENIED [-1 OTHER: Approved 5-0 D g Anderson County Administrator COMMISSION ACTION: CE: Coordina tion/S igna tures County Atto?ey: Management & Budget: tl~ Ml¥'''''i1urchasing: m~ JJ N'l !-!J..:.L¡ Other: IV F \.--.£<?iI,ðZ.Water: Other: Finance: (Check for Copy only, if applicable) XX G:\BUDGEnWPIAGENDA'SIAGENDA07\3 13 07 SOUTH SOUSEWAY PARK,DOC I OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #07-31 TO: Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: South Causeway Park DATE: February 13, 2007 The project is to stabilize the shoreline of South Causeway Park on Hutchinson Island. The grant requires a 50% match. This will be from County contribution of$129,150 from Parks Impact Fees and $129,150 from the Ft. Pierce Redevelopment Authority. On October 24, 2006, the Board accepted the grant of $258,300 from the Florida Inland Navigation District. Staff recommends that the Board of County Commissioners approve resolution 07-085 to establish a budget for Fiscal Year 2007. # RESOLUTION NO. 07-085 WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Inland Navigation District in the form of a grant in the amount of $258,300 for South Causeway Park Shoreline Restoration. 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 S1. Lucie County, Florida, in meeting assembled this 13th day of March, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as fol!ows: REVENUE 310206-7210-337710-7610 Florida Inland Navigational District $258,300 APPROPRIATIONS 310206-7210-563000-7610 Improvements OfT Buildings $258,300 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 13TH DAY OF MARCH, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY , AGENDA REQUEST ITEM NO. C 3D DATE: March 13, 2007 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Resolution 07-088 to establish budget for Lake Drive MSBU. BACKGROUND: The Ft. Pierce Utilities Authority has agreed to construct the improvements and be reimbursed after construction is complete. FUNDS WILL BE MADE AVAILABLE: 39011-4115-Various-38012 PREVIOUS ACTION: On January 16,2007, the Board adopted Resolution No. 07-026, approving the preliminary assessment roll and authorized staff to proceed with construction of the project. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve resolution 07-088. [x] APPROVED [] DENIED [ ] OTHER: Approved 5-0 ug Anderson County Administrator COMMISSION ACTION: County Attorney: ! Coordination/Signatures Management & Budget: ~1Ìj \'i'~ Purchasing: Originating Dept: Soil & Water: Other: PW/MSBU W Finance: (Check for Copy only, if applicable) XX G:\BUDGE1ìWPIAGENDA'SIAGENDA07\3 1307 LAKE DRIVE MSBU,DOC ,. OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #07-32 TO: Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: Lake Park MSTU DATE: February 13, 2007 The Ft. Pierce Utilities Authority has agreed to construct the improvements and be reimbursed after construction is complete. On January 16,2007, the Board adopted Resolution No. 07-026, approving the preliminary assessment roll and authorized staff to proceed with construction of the project. Staff recommends that the Board of County Commissioners approve resolution 07-088 to establish a budget for Fiscal Year 2007. RESOLUTION NO. 07-088 WHEREAS, subsequent to 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 in the form of a proceeds from property owners ($293,900) and anticipated interest on the investments ($100) for a total of $294,000 for construction of the MSBU project. 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 13th day of March, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 39011-4115-384200-38022 39011-4115-361100-38022 Proceeds from Loans Interest on Investments $293,900 $100 APPROPRIATIONS 39011-4115-534000-38022 39011-4115-549000-38022 39011-4115-549114-38022 39011-1300-549100-38022 39011-4115-599330-38022 39011-4115-573100-38022 Imp OfT Bldgs - Other Contractual Services Imp OfT Bldgs - Advertising General & Administrative Fees Comm & FeesfTax Collector Project Reserves Additional Expenses - Bonds $247,000 $600 $12,345 $777 $19,581 $13,697 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Joseph E. Smith, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS 13th DAY OF MARCH, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ,....: -,- ... ........ - COUNT- Y- '. F LOR I D A .--, AGENDA REQUEST ITEM NO: cN..A DATE: March 13,2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: St. Lucie County Fairgrounds West Gate Replacement BACKGROUND: The existing Fairgrounds west gate located at the Peacock entrance is in poor condition. When it rains it is difficult and on occasion impossible to close and open. Staff would like to remove the old gate and replace with an upgraded keypad entrance system gate. This would avoid the need to provide keys or key cards, which ultimately have the potential to be misplaced, to the various entities that utilize the facility including the Fair Association, FFA and 4H. Staff has obtained quotes and would request approval to use 1st Fire & Security, the only responsible, responsive bidder for the project at a cost of $7942.50. Staff is requesting that the old asset and costs be removed from the capital records and replaced with the new asset and approve B.A# 07-043. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE: 001-7420-563000-700 (Fairgrounds -Infrastructure) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve removal of the existing Fairgrounds west gate located at the Peacock entrance and replace with an upgraded keypad entrance system gate. Approval to remove the old asset (gate) and costs from the capital records and replace with the new asset (upgraded gate). Approve 1st Fire & Security to replace the gate at a cost of $7,942.50 and B.A. # 07-043 COMMISSION ACTION: E: [XI APPROVED [] DENIED [ ] OTHER: Approved 5-0 ou erson County Administrator County Attorney: Originating Dept: /. ,...1/. .' .~'/ V....... ;??~/ Coord ination/S iqnatures , "- Mgt & Budget~;·':\/\ Çì c Purchasing: Public Works:' { Other: Finance: (Check for Copy only, if applicable) , Parks and Recreation Department Memorandum To: Board of County Commissioners Subject: Approval of Agenda Item #C-2a ~ From: Linda Barton, Assistant Director Date: 2/22/2007 The existing Fairgrounds west gate located at the Peacock entrance is in poor condition. When it rains it is difficult and on occasion impossible to close and open. Staff would like to remove the old gate and replace with an upgraded keypad entrance system gate. This would avoid the need to provide keys or key cards, which ultimately have the potential to be misplaced, to the various entities that utilize the facility including the Fair Association, FFA and 4H. Staff has obtained quotes and would request approval to use 1st Fire & Security, the only responsible, responsive bidder for the project at a cost of $7942.50. Staff is requesting that the old asset and costs be removed from the capital records and replaced with the new asset and approve B.A# 07-043. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks & Recreation PREPARED DATE: 2/22/2007 AGENDA DATE: 3/13/2007 c , , """CC' ' "" /;â"" '....)¡::f .. ;';;. . .0.1 :1 UIN .0.1 :1:1 II )I.!/t))/t:.t.< ·.o.nnr U INt / ..".. F. /" , ,.;C.S-S-:;" ~.. .... ..... /'7 ..,' TO: 001-7420-563000-700 Infrastructure $7,943 FROM: 001-7420-546300-700 Grounds Maintenance $7,943 REASON FOR BUDGET AMENDMENT: Transfer funds into Infrastructure to replace the old and deterioated capitalized west gate entrance with an upgraded keypad entrance system. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: IN/A .,,/) I /L- DEPARTMENT APPROVAL: ¡L / --- ".-. , OMB APPROVAL: : "~;( \ ) l BUDGET AMENDMENT #: \., .....- t.~"" . BA07 -043 -- DOCUMENT # & INPUT BY: 02/21/2007 03:38 7724522579 SLC FAIRGROU~mS PAGE 03 " . Authortzed Strategic Partner GE: ' Security 1410 Old Dj~dJw~,- SW Vero Bðach,. FI ~1.96? Phone 772-794-2220 Fax 772-794-2204 Lid EPO00J187 1st Fire & Security, Ine Quotation CUmmerlSubscribClfN~ _ Address St. Lude County ~ lf4t1ey 81Jim. :Pbooè Fax Uate Decembèr 15, 2006 Project: Fairgrounds Rea, Gates St. Lucie ColDlty Seope o(work: Install:1 18ft V~track for the slide g:.tés. butsJI COJ1crete footer for V ~ track. Iø.st.alIl Mega-slide gAte ðpentor. IDstaU 2 stand-aJoDe keypads Install 7-day timer. InstaU 1 preformed loop with. a loop detectol.". Program codes into keyp:ads. Accep~ o1'1tIe Gbàvc ~tDt QS O\+tÜDecl. \lluter tmms 8M eoftC1/dons 1Í! II:d 1Jd()W'. nquipmcm $3,982.60 not Inçluded $3,960.00 $7,942.60 A1Jy remaïnibg unpatd baJl:D.œ lIIust lie paid upon complctioa of"tbiIi agreemeaL 1b the event of åny dispute. the parties ~ that the ven~ tor any court øaion shaU be in lDdi= Ri'Ia County, Florid$, govQ'ned by 1b.e Jaws orm. .state of Florida t that aD)' issuts sball be 1:ricð on J1Ioo-jury basi$ ind the preva11ing party shalt be cntitJcd to recover ~Jc att()tllè)"s fees and cost from tbe non-prev.1Uing party SaJ.cs Ta:. InstaJIation Total Remember, 1st Fire 6' Security is yom single source for all LIFE SAFE'I'Y.sOLVTION5. Our technical ~e9Sionals stand reacty to assist you with a11yÙt.4: We s.£ety needs md.uding; ACCESS CONTROL, EMERGENCY ALERT SYSTEMS.. FnŒ ALARM SYSTEMS.INI1UJSION ALARM ~ VIDEO SURVEILLANCE. mæ AND SEctT.RlTY MONnOlUNG. TEST AND INSncnoNS. All of these systems are at1ailable with full maintenœzœ programs! . . ~¿!¿l!¿UUf 03:38 7724522579 SLC FAIRGROUHDS PAGE 05 J±- 15E1Q1 WKt Midway Road Fort Pierce. FL 34945 St.. Lucie County Fairgrounds E · uestrian & Event Center Fax Mo.c-rtèJ To: M \c.ha.e. \ ~ICA.From= Maíren Medina FaxI Slo \ ... 8 ~ . ~'ib ~ Pages: 2.. (inclUdIng cover) Pbonec 5(0 \.. ca~ - 2fcJ;tp.. ,,' ... February 13, 2007 Re: 2007 I Electric Rofling Fonce Quote OC: To File o Urgent X For RevIew [J PI-.. eo......... 'J,.-. Reply 1:3 Pleaeo R~I. Good afternoon, We are in need of two separate quotes for a rolling gate on our west Peacock Road entrance. One quote should reflect cost With "Key~pad" entry and a separate one for a "Card-swipe" entJy. P!,EASE RESPOND 8Y FRIDAY. FEB. J6l.-2007. >x,-C"'\ ~ .ç, ( ~... ;I~ e.. ðx" Ò \[' ~ ~X .~r¿, G'O~o ^- ~,C; ~ ~ ¿, 0- ~~~a---Ü6~1 . ~ .......0 A' ./\/~ ~-...b ~ ~~ Please note the following specifications: Remove & InstaH (2) 18ft. V-track for side gates. Install concrete footer for V -track. InstaH 1 Mega-slide gate operator. InstaD 2 stand-alone Keypads Install 7 -day timer. Install 1 preformed loop with a loop detector. Program codes into keypadS. Please call should you hove any questions. Thank you, Mairen Medina Tel~ 772.4&2-2581 Fax: 772-462·257'1 02/21/2007 03:38 7724522579 SLC FAIRGROU~mS PAGE 11 St. Lucie County Fairgrounds E · uestrian & Event Center 15601 West MidWay Road Fort Pierce, FL 34945 Fax ~OOJccAe \e()()\S (1{...Fronr. Mairen Medina Fax: êJ..o I - q (0<6' .. (0 Co 3 '7 Pages: 6 (including cover) Phone; 'b (0\ ~ ~9 5 - ÓC(\.[o, Date: February 13, 2007 fte; 2007 I Ell;II,;lri,; Rulliny Ft:!1I1,;t! Q~ CC~ 1:1 Please Rec~le To File i:J Urgent X For- Rmew I:J Pie.. Comment ¡" PI-.. Reply Good afternoon. We are in need of two separate quotes for a rolling gate on our west Peacock Road entrance. One quote should reflect cost With "Key-pad" entry and a separate one for a /ICard-swipe" entry. PLEASE-'ESPOND BY FRIDAY. FES.16. 2007. Please note the following specifications: Remove & Install (2) 18ft. V-track for slide gates. Instell concrete footer for v-track. Inltalll Mega-slide gate operator_ Install 2 stand~alone Keypads Install 7 -day timer. Install 1 preformed loop with a loop detector. Program codes Into keypads. Please call should you have any questions. Thank you, Mairen Medina Tel: 772-462-2581 Fax: 772-462-2579 02/21/2007 03:38 7724522579 SLC FAIRGROUNDS PAGE 08 15501 We&i Midway Road Fort Piefœ, F1. 34945 St. Lucie County Fairgrounds E. uestrian & Event Center Fax To: Fron'I: Mairen Medina Piwmer lite; 2007 I Electric Rolling Fence Quote Pages: 6 (including cover) DIde; February 13. 2007 CC: To File t:J urøent X For Reñew D ....... Con.lII.nt ....... Reply C ....... R-.c:yelo Good aftemoon. We are in need of two separate quo1es for a rolling gate on our west Peacock Road entrance. One quote should reflect cost with "Key-pad" entry and a separate one for a HCard-swipe" en1ry. PLEASE RESPOND 8Y FRlDAY"FEB.J6... 2007. Please note the following specifications: Remove & Install (2) 18ft. v-track for slide gates. Install 1 Mega-slide gate operator. Instan 2 stand-alone Keypads Install 7 -day timer. Install 1 preformed loop with a loop detector. Program codes into keypads. çf I ~ ~O Install concrete footer for V-track. Please call should you have any questions. Thank you. Mairen Medina Teol: 772.462.2581 fax: m-42-2579 AGENDA REQUEST ITEM NO: CH-ß DATE: March 13,2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Reverse Osmosis Water Treatment Plant Expansion/Assignment of Award of Bid BACKGROUND: On October 10, 2006, the Board of County Commissioners awarded the Fairgrounds Water Treatment Plant Expansion bid to Walsh Environmental Services in the amount of $308,000. Due to unforeseen delays in the completion of one of Mr. Walsh's non- county projects, he is at the maximum number of bonds that he is able to acquire at this time. Stipulated in the Purchasing Manual, assignment of the bid award is permissible with Board of County Commissioner approval. Parks & Recreation staff has met with, representatives from the Utilities Department, Purchasing Department, Mr. Walsh and the County Attorney and have determined that in order not to delay this project further it would be best to exercise the assignment option. The equipment has been purchased by staff as the Board approved and is awaiting installation. Staff is requesting that the Board of County Commissioners approve assignment of award of bid to Interstate Engineering Corp., an experienced industrial contractor with whom Walsh Environmental will work as a subcontractor in order to facilitate completion of the project and to ensure that the project remains within the approved budget. PREVIOUS ACTION: Please see above. FUNDS Will BE MADE AVAilABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve assignment of bid award (Walsh Environmental) to Interstate Engineering Corp., approve required paperwork as deemed necessary by the Attorneys Office for execution of the assignment, and authorize the Chairman to sign. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 Dou n rson County Administrator /) u-} County Attorney: " 6. Ii I Mgt & Budget: Originating Dept: &>1/ (ÿ ( I-~'-- Public Works: Coord in ation/S iQ n atu res Purchasing: Other: Finance: (Check for Copy only, if applicable) Parks and Recreation Department Memorandum From: Board of County Commissioners Linda Barton, Assistant Director h- To: Subject: Approval of Agenda Item #C.4-b Date: 2/26/2007 On October 10,2006, the Board of County Commissioners awarded the Fairgrounds Water Treatment Plant Expansion bid to Walsh Environmental Services in the amount of $308,000. Due to unforeseen delays in the completion of one of Mr. Walsh's non-county projects, he is at the maximum number of bonds that he is able to acquire at this time. Stipulated in the Purchasing Manual, assignment of the bid award is permissible with Board of county Commissioner approval Parks and Recreation staff has met with, representatives from the Utilities Department, Purchasing Department, Mr. Walsh and the County Attorney and have determined that in order not to delay this project further it would be best to exercise the assignment option. Staff has purchased the equipment as the Board approved, and is awaiting installation. Staff is requesting that the Board of County Commissioners approve assignment of award of bid to Interstate Engineering Corp., an experienced industrial contractor with whom Walsh Environmental will work as a subcontractor in order to facilitate completion of the project and to ensure that the project remains within the approved budget. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron Fi Ie 551 NW 77th Street· Suite 105 · Boca Raton, FL 33487 (561) 998·4250 · Fax (561) 998·4248 February 7,2007 Ms. Debra Brisson, Director St. Lucie County Parks Department 2300 Virginia Ave Ft. Pierce. FL 34982 Project: St Lucie County Fairgrounds RO Plant Expansion Proposal Dear Ms. Brisson; Interstate Engineering Corp. (IEC) in conjunction with Walsh Environmental Services, Inc. (WES) is pleased to present this proposal for the RO Treatment Plant Expansion based on undated specifications containing 13 sections, and Masteller & Moler, Inc. drawings 1 through 5 of 7, dated March 2006. and Garrison Electrical drawings 1 through 3 dated 15 May 2006. Walsh Environmental Services, Inc will work as a subcontractor to Interstate in order to facilitate completion of project. Interstate Engineering Corp. proposes to Furnish labor, materials, construction equipment and all necessary management to accomplish the installation of the utility work as described: · Install one 40.000 gpd RO skid as manufactured by Hvdropro including controls by Hvdropro. · Install one degasifier system and storage tank. · Furnish and install all electrical work required by the documents. · Furnish and install new 2" incoming raw water line connection to new skid · Furnish and install new 2" and 4" concentrate line including valves, fittings, meter, static mixer. and appurtenances · Furnish and install one new chlorine metering pump and one new anti-sealant metering pump and 3 new 50 gallon poly chemical containers · Furnish and install floating pump system including 3 screw anchors and cables and appurtenances including flex piping and cap-lock connection · Furnish and install slope protection at concentrate outfall · Flush, test and put into service (including disinfection as necessary) and demonstrate operation to Owner, All work includes standard one year warranty. · The owner will purchase the RO skid from Hydropro for the sum, $45,400.00 · The owner will purchase the storage tank and degasifier from Jacobs for the sum, $39.900.00 · Post a payment and performance bond to the Owner in the amount of the contracted value. Total firm lump sum. . . . . . . . . . . . . . . . . . . . $ 308,000 . . Corporate Headquarters 193 Jefferson Avenue· Salem, MA 01970 (978) 744-8883" Fax (978) 744-1792 ,\~ ~ INTERSTATE , '=':~~ ENGINEERING CORP. Note: Owner's water on hand will be used for flushing, testing and disinfection operations. We reserve the right to use appropriate SDR HOPE pipe for concentrate and dilution lines in order to facilitate installation in a ground water situation. Submittal data will be provided for material approval. We have included all specified equipment suppliers per undated bid documents. However. the followinq specifications pertain to the Hydropro RO skid: Membrane support frame: Our standard is Extren 500 rather than Extren 525 Micron Filter: We will be usina our customized Hydropro Hodzontal PVC Micron Filter Reverse Osmosis Pump: We will be usina a VFD to control the RO Pump which is above and beyond the stated reauirement Membrane Elements: We will probably be usina the Toray membrane - not vet determined Hiah Pressure PipinG: Hvdropro is not an ASTM code certified fabrication facilitv - vet it is most fJrobable that the Sub-contractors we will be utilizina will have this code certification - reaardless, we won Y be adherina to this condition as it was written bv Aerex for their benefit to be exclusive to the fJroiect. Control Panel: We will be usinG a Mini-OCS. The pump Model Number is CRN10-9. . . Clarifications: The building permit is excluded (if required, WES shall aid the Owner in obtaining permits and Owner shall pay actual price of permits and for any other city fees as may be required), as we assume Owner is in possession of a valid construction permit from the FOEP. We further ~xclude payment of liauidated damaaes. WES will provide an accurate construction schedule and will inform Owner of progress and changes on a regular basis. Actual field work is not the driving schedule item - equipment manufacture and material delivery dictate completion. We exclude painting, seeding and sodding, (we do include rip rap bank protection) directional boring (we have included open cutting of the roadway for piping and electrical work) fencing and maintenance of the facility while under construction. We will clean up our debris and remove from the site. . . Walsh Environmental Services, Inc. is an experienced utility operations and maintenance company who services various St. Lucie County Facilities for the past 10 years. Interstate Engineering Corp. is an industrial contractor with a solid reputation and competent engineering abilìty. They have developed an outstanding reputation in the construction of utility treatment facilities. Interstate and WES are known as contractors that will work out the details to make the finished product work properly and elegantly. We look forward to working with St. Lucie County on this job as well as any other installations where we may be of service. Respectfully submitted, E. !f¡ðkel cf"'U/ft? E. Michael Sweeney Chief Esitmator ! Linda Barton - References.doc _.._-_._----~ -_.._..~.. ,-- -~~.~.._-- -~-.....- ~- ..'. ..._._-----'--~. _..._-~_....._...~-_._,.~_._~- - .'._-_.~. ~_.. .,-- -.-.. .'- -' - .~_~Pag~__~~ . ' REFERENCES Arcadis, RMA, Inc. William Reese, Vice President 2081 Vista Parkway West Palm Beach, FL 33411 561-697-7000 IEC's relationship began November of 2002 and continues today. Eckler Engineering Donald Eckler, President 4700 Riverside Dr., Suite 110 Coral Springs, FL 33067 954-755-1351 IEC began its relationship with Eckler Engineering in 1995. We have completed many projects together and continue this working relationship today. City of Clearwater - Water Division Lynn Stevens, Superintendant 1650 N. Arcturas Ave. Clearwater, FL 33765 727 -224-7993 This relationship began in 2001 and continues today. Palm Bay Page 1 of 1 .. AGENDA REQUEST ITEM NO: C-4c DATE: March 13, 2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Wastewater Treatment Plant Capacity Increase Projectl Emergency Operations Center/Fairgrounds Facility BACKGROUND: In 2006, the Board of County Commissioners approved the St. Lucie County Fairgrounds for location of the County's new Emergency Operation Center (EOC). In order to accommodate the wastewater needs of the new facility; as well as, those of the current and anticipated future needs of the Fairgrounds facility including the campgrounds and new concession/restroom addition at Adams Arena, it is necessary to increase the wastewater treatment plant capacity from 16,250 GPD to 32, 500 GPD with related modifications and/or additions to the pump station and effluent disposal bed. The cost of the project is estimated to be $453,600 as indicated in the attached Masteller & Moler, Inc. scope of services proposal. The cost of the project will be shared by the Parks & Recreation Department (66%) and the Emergency Operations Center (34%) based on maximum projected usage. Staff is requesting that the Board of County Commissioners approve a Work Authorization with Masteller & Moler, Inc. to provide the engineering services related to the wastewater treatment plant capacity increase project as outlined in their attached scope of services. Due to the financial structure of the County's Utilities Department, a Development Agreement must be entered into with the Board of County Commissioners. Costs will be funded from Park /lB" Impact Fees in the amount of $299,376 to cover the Fairgrounds 66% proportionate share of costs and EOC project funds in the amount of $154,224 to cover its 34% proportionate share of costs. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE: 31 0002-721 0-562000-XXX (Impact Fees-Infrastructure) $299,376 001419-2510-562000-XXX (EOC-Grant Funds-Building) $154,224 (project # xxx to be established) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Work Authorization with Masteller & Moler, Inc. to provide the engineering services related to the wastewater treatment plant capacity increase, approve the Development Agreement between the Board of County Commissioners and the County Utilities Department as drafted by the County Attorney, approve staff's request to go to bid for the project, approve the use of Park /lB" Impact Fees in the amount of $299,376 to cover the Fairgrounds 66% proportionate share of costs. The Emergency Operations 34% proportionate share of costs in the amount of $154,224 will come from EOC project funds, COMMISSION ACTION: Pulled by Comm. Smith in order to contact the Fair Association for more information or contingency funds to fund operation. E: LJ APPROVED [] DENIED [')( OTHER: Dou erson County Administrator a. , ,¿I County Attarney: ~ Originating Dept: it. '/ urchasing: Other: " Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Director ~/ Approval of Agenda Item #C-4c Subject: Date: 3/1/2007 In 2006, the Board of County Commissioners approved the St. Lucie County Fairgrounds for location of the County's new Emergency Operation Center (EO C). In order to accommodate the wastewater needs of the new facility; as well as, those of the current and anticipated future needs of the Fairgrounds facility including the campgrounds and new concession/restroom addition at Adams Arena, it is necessary to increase the wastewater treatment plant capacity from 16,250 GPD to 32,500 GPD with related modifications and/or additions to the pump station and effluent disposal bed. The cost of the project is estimated to be $453,600 as indicated in the attached Masteller & Moler, Inc. scope of services proposal. The cost of the project will be shared by the Parks & Recreation Department (66%) and the Emergency Operations Center (34'Yo) based on maximum projected usage. Staff is requesting that the Board of County Commissioners approve a Work Authorization with Masteller & Moler, Inc. to provide the engineering services related to the wastewater treatment plant capacity increase project as outlined in their attached scope of services. Due to the financial structure of the County's Utilities Department, a Development Agreement must be entered into with the Board of County Commissioners. Costs will be funded from Park "B" Impact Fees in the amount of $299,376 to cover the Fairgrounds 66% proportionate share of costs and EOC funds in the amount of $154,224 to cover its 34 'Yo proportionate share of costs. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File I Letter of Transmittal I ~ MASTELLER & MOLER. INC. - CIVIL ENGINEERS - Date: 1/15/07 I Job No.: 0702 1655 2ih Street, Suite #2 Attention: Ray Murankus Vera Beach, FL 2960 (772) 567-5300 RE: (772) 794-1106 Fax St. Lucie Fairgrounds WWTP Capacity Expansion TO: St. Lucie County Utilities 16,250 gpd to 32,500 gpd 2300 Virginia A venue Ft. Pierce, Florida 34982 WE ARE SENDING YOU ./ Attached CJ Under separate cover via _ the following items: CJ Shop Drawings CJ Prints CJ Plans CJ Samples D Specifications CJ Copy of letter CJ Change Order CJ Copies Date No. Description 4 n/a 2 Exhibit "A" THESE ARE TRANSMITTED as checked below: 0 For Approval CJ Reply Requested D Resubmit _ copies for approval 0/ For your use 0 Approved as noted D Submit _ copies for distribution ./ As requested CJ Returned for corrections D Return _ corrected prints 0 For review and comment CJ 0 FOR BIDS DUE: 19 - D Prints Returned After Loan To Us REMARKS: Dear Ray: Please find enclosed Exhibit "A" for the St. Lucie Fairgrounds Wastewater Treatment Plant Capacity increase project for your consideration and action. Please process and advise if you have any questions. Sincerely, MASTELLER & MOLER, INC. Earl H. Masteller, P.E. President (if enclosures are not as noted, kindly notifY us at once.) /vk (1. sIc_Ray-Exhibit A_Ol1507,doc) FILE:MM-TRNSMTL3,DOC) Exhibit A Engineering Services Related to Preparation of Engineering Design, Construction Plans, Pennitting, Specifications, Construction Administration and Observation of S1. Lucie Fairgrounds Wastewater Treatment Plant Capacity Increase from 16,250 GPD to 32,500 GPD with Related Modifications and/or Additions to the Pump Station and Effluent Disposal Bed 1. Scope Of Services A. Masteller & Moler, Inc. will assemble data; attend meetings; conduct site visits; evaluate existing facilities and equipment; prepare engineering data and design to expand the existing wastewater treatment plant, influent pump station and effluent subsurface disposal bed. The plant expansion from 16,250 GPD to 32,500 GPD will be based on duplicating the existing plant treatment process using the Advanced Septic Tank System (ASTS). The proposed ASTS treatment train will consist of: a flow splitter box to divide the influent flow between the existing and proposed plants; septic tank(s); recirculation tank; recirculation sand filter; splitter box; chlorine contact tank; and effluent dosing tank with pumps. It is anticipated that an additional effluent subsurface disposal bed will be needed. The process will be designed to produce an effluent meeting FDEP secondary effluent and disinfection requirements except the TSS level will be 10 mg/l instead of 20 mg/l to meet subsurface disposal bed effluent discharge criteria. B. Masteller & Moler, Inc. will provide for Surveying, Soils Engineering and Electrical Engineering services by Sub-consultants. Prepare Construction Plans of proposed wastewater treatment plant facilities as described above in Paragraph "A." Prepare Construction Cost Estimate, Project Specifications and Bid Documents and provide necessary copies and electronic data to County Purchasing Department for project bidding. C. Masteller & Moler, Inc. will prepare FDEP Pennit application fonns and preliminary engineering report and submit along with supporting plans and required data to the FDEP for a pennit to construct the proposed facilities. Services include Final Certification and application to FDEP for operation upon completion of wastewater treatment plant expansion construction. NOTE: County Site Plan Approval and any other approvals / pennits other than the FDEP, are not included in this proposal. Exhibit "A" Page 2 of2 D. Masteller & Moler, Inc. will provide services including assistance to St. Lucie County during project contract administration, periodic construction observation and plant start- up. These services will be on an "As Needed" basis and to assure that the project is constructed in reasonable compliance with the Construction Plans, Specifications and FDEP Permits. II. Time of Performance A. Preparation of plans for the wastewater treatment plant expansion with appurtenances for FDEP Permit application to construct is estimated at sixty (60) working days from date of St. Lucie County authorization to proceed. III. Construction Cost Estimate The Estimated Construction Cost for this project is $400,000.00 IV. Method and Amount of Compensation Included in our services is the need for sub-consultants including Surveying, Soils Engineering and Electrical Engineering. Our fee includes payments to these Sub- consultants. The Engineer, Masteller & Moler, Inc. shall be compensated as follows: 1. Scope of Services; Paragraphs A and B, total lump sum fee of $44,100.00* $ 4,500.00 $ 5,000.00 2. Scope of Services; Paragraph C, total lump sum fee of 3. Scope of Services; Paragraph D, total lump sum fee of *Includes total of$17,665.00 in fees to Soils Engineer, Electrical Engineer And surveyor for Sub-consultant services. Exhibit "A" File #0702 i Li~~~_~~~c:>~n -.~"merg~~~l'g~ré3tions º~nter S.LCPQC . . Page .'.1 Prepared by and Return to St. Lucie County Attn: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 SUBJECT TO REVIEW BY COUNTYAITORNEY STANDARD POT ABLE WATER AND W ASTEW A TER DEVELOPMENT AGREEMENT (SDA) THIS AGREEMENT made and entered into this _ day of , 2007, by and between St. Lucie County Utilities, hereinafter referred to as "Utility", and the St. Lucie County EOC, hereinafter referred to as "Property Owner". WITNESSETH WHEREAS, the Property Owner owns property located in St. Lucie County, Florida, and as more fully described in Exhibit "A", attached hereto and made a part hereof and hereinafter referred to as "Property", whereupon Property Owner has or is about to develop the Property by erecting thereon non-residential improvements and desires to secure the provision of utility service to the Property; and WHEREAS, in the interest of public health and to encourage the use of central water and wastewater facilities, Utility desires to enter into this Agreement; and WHEREAS, Property Owner acknowledges that execution of this Agreement by Utility does not confer nor grant any land use or zoning approvals for the Property, nor does it assure or guarantee Property Owner that Property Owner has or will be able to obtain land use or zoning approvals for or be able to construct on the Property the number of ERC's for which Property Owner has voluntarily elected to reserve utility capacity under this Agreement. NOW THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed, Property Owner and Utility hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. The following definitions and references are given for the purpose of interpreting the tenns as used in this Agreement and apply unless the context indicates a different meaning: (a) "USP" - the Utility Service Policy for water, wastewater and reclaimed water service by the Utility, as may be amended from time to time, which is incorporated herein by reference; (b) "UEP" - the Utility Extension Policy for water, wastewater and reclaimed water service by Utility, as may be amended from time to time, which is incorporated herein by reference. Lin~'a B~r!~c~,=§~~r~t~!1Sl_Qp~rat~~c~~g~,nt~!~ SL9~P~Q~~_ . . _~ P~ge 2_1 (c) "UPAP" - the Utility Extension Policy, Utility Service Policy, and other policies and procedures adopted by the St. Lucie County (Utility), as may be amended from time to time, which is incorporated herein by reference. (d) "Service" - the readiness and ability on the part of Utility to furnish potable water to and to collect wastewater from the Property; (e) "Point of Service" - generally, the point where the pipes or meters of Utility are connected with pipes of the Property Owner as further defined in the UPAP; (f) "Equivalent Residential Connection (ERe)" - a system capacity equivalency unit which corresponds to the peak demand of the single-family residential category of Customer usage. This system capacity equivalency unit is utilized to establish the system demand for various sized connections for the purpose of assessing fees; (g) "Service Initiation" - the date a potable water meter is set or a wastewater connection is made for a customer; (h) "Guaranteed Revenue Fee" or "Guaranteed Revenues" - the mandatory fee paid by all customers designed to recover the carrying costs of system capacity which has been or is being constructed in anticipation of future service requests. Carrying costs include fixed operating and renewal and replacement expenses necessary to maintain excess system capacity for future use. (i) "Total Accrued Amount (T AA)" - At the time of execution of this Agreement, a T AA equal to sixty months of Guaranteed Revenue Fees paid per each ERC shall be due and payable. U) "Standard Development Renewal Agreement (SORA)" - an agreement between Utility and the Property Owner extending the capacity reservation for unused ERCs in a Standard Development Agreement for an additional five (5) years. (k) "FPGR" - Guaranteed Revenues required by Ft. Pierce Utility Authority (FPUA) pursuant to the terms of the Bulk Service Agreement Between FPUA and Utility, to recover the carrying costs ofFPUA system capacity. 3. Property Owner hereby grants and gives to Utility the exclusive right and privilege to construct, own, maintain, operate and expand the potable water and wastewater facilities in, under, upon, over and across the present and future streets, roads, easements, reserved utility sites and public places as provided and dedicated to public use in the record plats, or as provided for in agreement, dedications or grants made otherwise and independent of said record plats. Utility covenants that it will use due diligence in ascertaining all easement locations; however, should Utility install any of its facilities outside a dedicated easement area, Property Owner covenants and agrees that Utility will not be required to move or relocate any facilities lying outside a dedicated easement area as long as the facilities do not interfere with the then or proposed use of the area in which the facilities have been installed. Property Owner hereby further agrees that the foregoing grants include the necessary rights of ingress and egress to any part of the Property which Utility reasonably requests for the maintenance, operation or expansion of the potable water and wastewater facilities; that in the event Utility is required or desires to install any of its potable water and wastewater facilities in lands within the Property lying outside the 2 Linda Barton - Emergency Operations Ce~~er_SLC·Q9g streets and easement areas described above, then Property Owner or the successor owner(s), as applicable, shall grant to Utility, without cost or expense to Utility, the necessary easement or easements for such installation; provided, all such installations by Utility shall be made in such a manner as not to interfere with the then primary use of such Property. Property Owner or the successor owner(s), as applicable, shall obtain written approval from Utility prior to installing any structure or object, including, but not limited to, fences, gates, signs, trees or poles, within an easement area. In consideration of Utility's consent to an encroachment, Property Owner or the successor owner(s), as applicable, shall agree to indemnify and hold Utility hannless from and against all liabilities, damages, penalties, claims costs and expenses, including attorney's fees at all levels, which may be imposed upon or asserted against Utility as a result of or in any way connected to an encroachment approved by Utility. In the event Utility detennines that it is necessary to construct, maintain, repair, remove or replace any of its facilities located under, over or upon an easement, Property Owner or the successor owner(s) of the portion of the Property affected shall immediately remove the encroachment from the easement upon the request of Utility at Property Owner's or the successor(s), as applicable, sole cost and expense. If Property Owner or the successor(s), as applicable, fails to remove the encroachment, Utility shall have the right to remove the encroachment from the easement. Property Owner or the successor(s), as applicable, shall pay all costs related to removing the encroachment from the easement incurred by Utility, Property Owner, as further consideration of this Agreement, and in order to effectuate the foregoing grants to Utility, hereby places the following covenant, as a covenant running with the land, upon the Property and thereby subjecting it to a reservation, condition, limitation or restriction in favor of Utility, as follows: Utility, or its successors, has the sole and exclusive right to provide all potable water, wastewater and reclaimed water services to the Property described in Exhibit" A". All occupants of any non-residential improvement erected or located on the Property and all subsequent or future owners or purchasers of the Property, or any portion thereof, shall exclusively receive their potable water, wastewater and reclaimed water service from the aforesaid Utility and shall pay for the same and shall abide by the tenns and intent of this Agreement, and the UP AP, for as long as the aforesaid Utility provides such services to the Property. Further, all occupants of any non-residential improvement erected or located on the Property and all subsequent or future owners or purchasers of the Property, or any portion thereof, agree, by occupying any premises on the Property or by recording any deed of conveyance with respect to the Property, that they will not construct or otherwise make available or use potable water, wastewater and reclaimed water service from any source other than that provided by Utility. Further, all occupants of non-residential improvement erected or located on the Property and all subsequent or future owners or purchasers of the Property, or any portion thereof, agree that Utility may require them to purchase and use a volume of reclaimed water equal to the volume of wastewater discharged from the Property on an equivalent average basis as detennined by the Utility. Any water well or water source used solely to supplement irrigation water supply for the Property is excluded from this restriction except to the extent the Property is required to utilize reclaimed water equal to the volume of wastewater discharged from the Property. 3 I Lin9_a _B_a._~~~_~ E~~r~encL(2p_e.Ea.tions Center SLCDOC . . ___,____ p~~~_41 Further, in order to give an additional and supplementary notice to all the future Property Owners of any of the Property of the rights of Utility to provide the Property with potable water, wastewater and reclaimed water facilities and services, the Property Owner hereby covenants and agrees to have the above restrictive covenant or its equivalent included in the general subdivision restrictions and to place the same of record in the Public Records of St. Lucie County, Florida. 4. Upon the continued accomplishment of all the prerequisites contained in this Agreement to be performed by the Property Owner, and subject to completion of the water, wastewater and reclaimed water facilities necessary to serve the Property, Utility covenants and agrees that it will allow the connection of the potable water distribution, wastewater collection, and reclaimed water distribution facilities installed by Property Owner to the potable water, wastewater and reclaimed water facilities of Utility in accordance with the terms and intent of this Agreement and the UPAP. Such connection shall be in accordance with rules, and regulations of the Health Department, the UPAP, and other governmental agencies having jurisdiction over the utility operations of Utility. Utility has a bulk utility service agreement with the FPUA to provide water and wastewater to Utility for provision to Property Owners. Provision of service to the Property Owner is subject to availability of capacity to Utility from the FPUA. Utility makes no guarantee or representation that utility capacity from FPUA will be available as and when requested by Property Owner. Property Owner shall connect the Property to the Utility reclaimed water distribution system in accordance with the reclaimed water requirements set forth in the UPAP. 5. Property Owner is required to pay the T AA in order to support investment in utility facilities, as well as the fixed costs of maintaining such facilities and the unused capacity it represents as provided in the UPAP. 6. Upon receipt of payment of the Connection Fees and the T AA due upon execution of this Agreement, Utility agrees to initiate the provision of water and wastewater utility service for 12 ERe's for Property Owner for a term of five (5) years, which term may be extended in accordance with the UPAP, as may be amended from time to time, and upon payment of applicable fees. 7. Property Owner hereby agrees to construct and to transfer ownership and control up to the Point of Service to Utility, at no cost, the on-site potable water distribution, on-site wastewater collection, and onsite reclaimed water distribution systems up to Property Owners reclaimed water storage facilities (not including on-site water reclaimed water distribution facilities on the consumer side of the discharge to the reclaimed water storage facilities) referred to herein and such off-site systems as necessary to connect Property Owner's on-site systems to Utility's master planned facilities (all such on-site and off-site facilities referred to in this paragraph collectively as "Property Owner Facilities.") Upon acceptance of said Property Owner Facilities, Utility hereby agrees to accept ownership of the Property Owner Facilities for operation and maintenance purposes. Property Owner shall cause to be prepared engineering plans and specifications prepared by and sealed by a professional engineer registered in the State of Florida, showing the Property Owner Facilities. Utility will advise Property Owner's engineer of any sizing requirements as mandated by the UPAP, Such detailed plans may be limited to a phase of the Property, and subsequent phases may be furnished from time to time. However, each such phase shall conform to a master plan for the development of the Property 4 Linda Barton__~_~m~~~ce_~_~¥~9p~fati~ns£~~~er S~£P9C __~ ---~--- c Pag~2J and such master plan shall be submitted to Utility concurrent with or prior to submission of plans for the first phase. All such plans and specifications, including hard copy and electronic media, submitted to Utility's engineer shall be subject to the approval of Utility and shall conform to Utility's standards as set forth in the UPAP, and no construction shall commence until Utility has approved such plans and specifications in writing. After approval, Property Owner shall cause to be constructed, at Property Owner's expense, the Property Owner Facilities as shown on the plans and specifications. Fees, as set forth in the UPAP, shall be levied by Utility to cover the cost of plan review and inspection. The Property Owner shall also be required to pay the fees on Exhibit B to this Agreement. During the construction of the potable water distribution, wastewater collection and reclaimed water distribution systems by Property Owner, Utility may from time to time inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further, shall be entitled to perform standard tests for pressure, infiltration, line and grade, and all other normal engineering tests to detennine that the system has been installed in accordance with the approved plans and specifications and the UP AP. Inspection by Utility shall in no way relieve the Property Owner of his responsibility to install the facilities in accordance with the approved plans and specifications and the UPAP. Complete as-built plans, including hard copy and electronic media when utilized, shall be submitted to Utility upon completion of construction. Property Owner hereby agrees to transfer to Utility title to all potable water distribution, wastewater collection and reclaimed water distribution systems installed by Property Owner's contractor pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the acceptance by Utility of the said installation. As further evidence of said transfer of title, upon the completion of the installation and prior to the rendering of service by Utility, Property Owner shall convey to Utility by Bill of Sale in a fonn provided in the UEP the complete on-site and off-site potable water distribution and wastewater collection system as constructed by Property Owner and approved by Utility, along with documentation of Property Owner's costs of construction and Property Owner's No Lien Affidavit, in form provided in the UEP. Subsequent to construction of the facilities and prior to receiving a meter(s) from Utility, Property Owner shall convey to Utility all easements and/or rights-of-way covering areas in which potable water, wastewater and reclaimed water lines are installed. The use of easement(s) granted by Property Owner may be used by other utilities as long as such is approved by Utility. Utility' s acceptance of the potable water distribution, wastewater collection and reclaimed water distribution systems installed by Property Owner shall be in accordance with the provisions as set forth in the UPAP. All installations by Property Owner or its contractor shall be warranted for one year (or five years in the case of lift station pumps and motor assemblies) from date of Final DEP Certification, Mortgagees holding liens on such properties shall be required to release such liens, subordinate their position, or join in the granting of the easements or rights-of-way. All potable water distribution, wastewater collection and reclaimed water facilities shall be located within an easement if not located within platted or dedicated rights-of-way. 5 r···~·----:~--C"~··-"~-------'-"--:-·~ Lind'a Barton - Emergency Operations Center SLC,DOC ,__ ¡.._...____.'__.."..__.__.____..__._"_._...~'__~._~__.w__...".,_"__'__."_-'-.,"___~~."".~'",..~_'"--_'"_~__"__'____._,_'__'___._._"'__.~,,;_~___'__,~._."._.._.;,c.~._.~....:.____._~~.~~.~,;_._~...._ _._____~~__~~__~__ Pa_~.e_~..I The timely payment by Property Owner of all fees in accordance with the terms set forth herein shall be considered essential to the continued performance by Utility of the terms and conditions of this Agreement. The construction and transfer of ownership of the potable water distribution, wastewater collection and reclaimed water system does not and will not result in Utility waiving or offsetting any of its fees, rules or regulations. Property Owner shall not have any present or future right, title, claim, or interest in and to the potable water, wastewater and reclaimed water facilities transferred to or owned by Utility. 8. Upon submission of this Agreement, Property Owner, at his expense, agrees to furnish Utility with a copy of the recorded Warranty Deed for the purpose of establishing ownership of the Property. 9. Property Owner agrees with Utility that all potable water, wastewater and reclaimed water facilities conveyed to Utility for use in connection with providing potable water, wastewater and reclaimed water service to the Property, shall at all times remain in the complete and exclusive ownership of Utility, and any entity owning any part of the Property or any residence or building constructed or located thereon, shall not have the right, title, claim or interest in and to such facilities, or any part of them, for any purpose. In addition, Utility shall have the exclusive right and privilege to provide potable water, wastewater and reclaimed water services to the Property and to the occupants of each residence or building constructed thereon. 10. Notwithstanding any provision in this Agreement, Utility may establish, revise, modifY and enforce rules, regulations and fees covering the provision of potable water and wastewater service to the Property. Such rules, regulations and fees are subject to the approval of Utility. Such rules, regulations and fees shall be reasonable and subject to regulation as may be provided by law or contract. Fees charged to Property Owner or Customers located upon the Property shall be identical to fees charged for the same classification of service by Utility. All rules, regulations and fees as set forth in the UPAP, shall be binding upon Property Owner, upon any other entity holding by, through or under Property Owner, and upon any Customer of the potable water, wastewater and reclaimed water service provided to the Property by Utility. Said rules and regulations include, but are not limited to, Service Initiation, oversizing of facilities, use of previously oversized facilities or extension offacilities. ] ] , Property Owner or its assignee shall not have the right to and shall not connect to the potable water, wastewater and reclaimed water facilities of Utility until approval for such connection has been granted by Utility. The parties hereto further agree that the expense of construction, operation and maintenance of all improvements beyond the Point of Service shall be the sole cost and expense of the Property Owner of its assignee or other than Utility. ] 2. The sale, conveyance, transfer or assignment of this Agreement by the Property Owner shall only be performed in accordance with the provisions ofUPAP. ]3, All notices provided for herein shall be in writing and transmitted by mail or by courier, and, if to Property Owner shall be mailed or delivered to Property Owner at: St. Lucie County EOC Director 2300 Virginia Avenue Annex Fort Pierce, FL 34982 6 - -_._-'_._-.---~------- Linda~a~on- En:'_~rge~~y Op~rations C~!'ter SLC. DOC Page.IJ and if to Utility, shall be mailed to Utility at: St. Lucie County Utilities Director 2300 Virginia Avenue Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 14. The rights, privileges, obligations and covenants of Property Owner and Utility shall survive the completion of the work of Property Owner with respect to completing the potable water, wastewater and reclaimed water facilities and services to any phased area and to the Property as a whole. 15. Unless Property Owner is requesting additional capacity for the property described in Exhibit "A", this Agreement shall supersede, null and void, all previous agreements or representations, either verbal or written, heretofore in effect between Property Owner and Utility, made with respect to the matter herein contained, and when duly executed, constitutes the entire agreement between the Property Owner and Utility. Notwithstanding the above, this Agreement shall not supersede any County Comprehensive Plan requirements, any County Development Orders or any County Ordinances with respect to the Property. No additions, alterations or variations of terms of this Agreement shall be valid, nor can provisions of this Agreement be waived by either party, unless such additions, alterations, variations or waiver are expressed in writing and duly signed by the parties hereto. This Agreement shall be governed by the laws of the State of Florida and shall become effective upon execution by the parties hereto. The venue for actions arising out of this Agreement is in St. Lucie County, Florida. 16. Special Conditions: (a) Upon Service Initiation for a Customer, continuing utility service to such Customer shall be pursuant to the terms of the UPAP, which shall not be subject to discontinuation upon expiration ofthis Agreement. (b) Utility shall use its best efforts to provide water capacity for the Property in accordance with Property Owner's development time schedule. Property Owner acknowledges that due to environmental permitting, public procurement processes and construction schedules, and securing water capacity from the Ft. Pierce Utility Authority, the timing of provision of capacity to the Property cannot be guaranteed by Utility. Utility shall not be responsible for any damages incurred by, arising out of or related to Utility's inability to provide capacity to the Property in accordance with Property Owner's development time schedule, [remainder of page intentionally left blank] 7 Li~~~_~_T!~n ~~sT,~rge~_~tgp~~~i~n~genter ,SLg. P9c . . Page 8 I IN WITNESS WHEREOF, Property Owner and Utility have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. ST. LUCIE COUNTY, FLORIDA: By: County Administrator Approved as to Form and Correctness: County Attorney WITNESSES: PROPERTY OWNER: St. Lucie County Print Name: By: Print Name: Its: Subject to the provisions of Section 6 above, the limitations on provIsion of wastewater service listed below, and the payment of guaranteed revenues for FPUA ERC's as provided on Exhibit B below, FPUA agrees to reserve 12 ERC's of water plant capacity ("FPUA ERC's") for Utility and Property Owner pursuant to the Terms of the Bulk Service Agreement Between St. Lucie County and the Ft. Pierce Utility Authority: FT. PIERCE UTILITY AUTHORITY: By: Date Its: 8 ~_._._..~-~~~~-~----~~ _."--"-~----'--'-'~-~~- _~L_~~-Ä~~!:~_ge ~~J ~inda Barton - Emergen_~Y_C?E~~~ti~['~p~ntE3L~!:S;·~2~ -_._"._._-----~-,._-,-----~--~--~--~- NOTARY CERTIFICATE STATE OF FLORIDA COUNTY The foregoing instrument was acknowledged before me this day of , 2006 by , on behalf of the company. He/she is personally known to me or has produced as identification. Signature of Notary Typed, Printed, or Stamped Name of Notary Notary Public Serial Number JOINDER AND CONSENT OF MORTGAGEE , being the holder of that certain mortgage dated the _ day of ,20_, and recorded the _ day of , 20_, in Official Record Book , at Page , of the Public Records of St. Lucie County, Florida, hereby consents and subordinates its mortgage to the utility easements contemplated in the forgoing Standard Potable Water and Wastewater Development Agreement. WITNESSES: MORTGAGE HOLDER: By: Title: Print Name: NOTARY CERTIFICATE STATE OF FLORIDA COUNTY The foregoing instrument was acknowledged before me this day of , 20 by , of , , on behalf of the corporation, He/she is personally known to me or has produced as identification. Signature of Notary Typed, Printed, or Stamped Name of Notary Notary Public Serial Number 9 Linda Bart~~-_§I"\'\~~~~n~~. Op~E~!~9-fl~ C~~~l SLÇ~EOC ~~=c~"' Page 1.01 10 L~~~~~.ê.~_~?~_ - E~erg~~qL9pE3r~lLoDcsJ~~rl~~~~LgJ~oc-=-c~, ._ ___~~~~~_~J EXHIBIT "A" PROPERTY DESCRIPTION ParcelID Number: 1311-441-0000-000-3 NE CORNER OF 1/123638 THAT PART OF E 1/2 OF SEC 1-36-38 LYG S OF WHITE CITY RD AND S OF SR 70-LESS RD R/WS AS IN OR 43-397 AND LESS CANAL RS/W AND LESS OKEE RD WIDENING AS IN OR 308-2043 AND AS IN OR 1999-147- AND THAT PART OF SEC 12-36-38 MPDAF: N 1/2 OF NE 1/4-LESS RD AND CANAL RS/W- (248.17 AC) (OR 1181-2685) 11 Linda Barton - Emer9.E:!~~y<::)p~~~cti~~~Ç~e.~!E:!~__~~£.~I2~~-".~-~~" page~~J EXHIBIT B SCHEDULE OF FEES CONNECTION CHARGES: 12 ERC's x S 2,660.00 per ERC S 31,920.00 ADDITIONAL FPUA PASS-THROUGH CHARGES: 12 ERC'S x S 236.00 S S 2,832.00 FPGR 12 ERC'S x S 17.54 210.48 SLCTAA 12 ERC's x S180.00 per ERC S 2,160.00 DOCUMENT RECORDING FEE: (11 PAGES) (S10.00 first page/S8.50 additional) S 95.00 PLAN REVIEW FEE (Minimum of Sl,OOO with actual cost payable prior to regulatory sign off) S 1,000.00 INSPECTION FEES S 100.00 ADMINISTRATION FEE: (Minimum of S5,000.00 with actual cost payable prior to meter set for first user) S 5,000.00 2" WATER METER/BACKFLOW CHARGE S 1,200.00 TOTAL DUE PRIOR TO OCTOBER 31, 2007: S 44,517.48 12 · " :I . ,- ." ~ .. m-t ::I 0 w ~!!o mo CD )( ß OJ "' ;¡j'::I ::I II> n "' -.J "' II> N w~~~ww 000000 000000 000000 1'\,)1'\,)r\.)I'\,,)NI'.> ~~ 00 00 00 NN www 000 000 000 N N N ~~~ 000 000 000 NNN WWW~~~~~~toJ 0000000000 0000000000 0000000000 "->r\JI'\JI\JI\JI'\,)I\,)f\J \JfV -.J N 0...,..., ~I\JCD o~~ ~~~~~~~~~~~~~w~~~~~~ ~I'\,)~~~~~~~~~~~~~~~~~~ OOOONI\JOOOOmooo~oooooo i ~ -..J~~~~j~ 88;jo~~~ E;~:1:~~~.ß1 »ËII)enl'§crc: ~ ~ ~ ~ ~, ~ ~ ï~C.~gCÐ~ ~c.~~~m-~ ¿'=*;:uC"-'à) n ' G) 0 "U < ::TëÞcn::E~CD ~~3m~a. en~¡ji8fÈ~ =CQ)~(")ï~ !~~~;~ 5;ë:g~æèi; (J) ~o~ëÞ ~ en 3 ~ ~ õ' Q (J) :J n a 2:~ '1J ;¡j' ::I <A <A ~N WW ...,00 c.n.þ. ~~ ow w Wc.n NO "'<0 ",".I> W..., c.n~ ... <A ,w c.n00 .þ.c.n c.nen ~c..n -f\.) 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"cr> :..., iÞ 0> W""U'I .... f\.)tO~ iA ... - <A_ !);1 N '" N<A W <A - 3' 0 0'1 co~ -. ...., 0 -. 0 co 0'1 0> AI CD "0> -".. -....... è.n ·w iÞ 0> ....,...., (X)w ~ 0 ~ (X)~ ... <A !);1 N - ... <A W <A 3' '~ "'~ (X)'" 0 CDO>'" AI 0 '" ·w ·co -0) iÞ ......,. 0'10 co~ O>U'I ... - <A <A !);1 ~ N <A w~ §' .... ~ <00> ... N (J:)(X)(J1 AI ... .... ëo-A. rn iÞ ..,.'" 0> CD e.>w "'~ ... - <A <A !);1 N '" <A "",,,, §' ~ 0'" .... ~ N OON AI N ......, u,::a.èn iÞ e.>'" ~..,. co~ U'lW AGENDA REQUEST ITEM NO: C-4d DATE: March 13, 2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Approve Deductive Change Order for Rodda Construction and Close-out the Contract/Change Order # 2 BACKGROUND: After Hurricane Wilma, Rodda Construction effected repairs at Tradition Field (Mets) Stadium. Staff has received the attached request to accept a deductive change order in the amount of $20,925.12 that is the difference of the amount paid to date on contract and the remaining contract balance. Rodda is also requesting approval of the change order to close out the contract. PREVIOUS ACTION: N/A FUNDS AVAILABLE: 461-000-205100-1904 (Tradition Field Hurricane Damage Retainage) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Deductive Change Order with Rodda Construction (Change Order # 2) in the amount of $20,925.12 and close-out of the contract. Authorize the Chairman to sign the Change Order as approved by the County Attorney. COMMISSION ACTION: [x] APPROVED [ ] OTHER: [ ] DENIED E: Approved 5-0 Dou erson County Administrator Coord i natio nlS jq natu res f/'ì . /1 County Attorney: ~M9t & Budget: /fL /Y1l11q Purchasing: Originating Dept: ~ Public Works: Other: Finance: (Check for Copy only, if applicable) -... í Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Director ~ Subject: Approval of Agenda Item #C-4d Date: 3/5/2007 After Hurricane Wilma, Rodda Construction effected repairs at Tradition Field (Mets) Stadium. Staff has received the attached request to accept a deductive change order in the amount of $20,925.12 that is the difference of the amount paid to date on contract and the remaining contract balance. Rodda is also requesting approval of the change order to close out the contract. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File GHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) Tradition Field Stadium CHANGE ORDER NUMBER: 2 INITIATION DATE: 3/5/2007 CONSULTANT'S PROJECT NO.: TO (Contractor): Rodda Construction, Inc, 2128 East Edgewood Drive, Suite 109 Lakeland, Florida 33803 ST. LUCIE COUNTY CONTRACT NO: C05-12-665 CONTRACT DATE November 11, 2005 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) The original (Contract Sum) (Guaranteed Maximum Cost) was Net change by previous authorized Change orders The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or unchanged) by this Change Order The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be The Contract Time will be (increased) (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: $ 2,450,417.00 $ (312,606.00) $ 2,137,811.00 $ (20,925.12) $ 2,116,885.88 ( 0 ) Days Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order, By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents, Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed, All work performed under this Change Order shall be performed in accordance with the contract specifications, CONTRACTOR: Rodda Construction, Inc. Contractor: 2128 E. Edgewood Drive, Suite 109 Address: APPROVED: St. Lucie County Department: Address By: Date: By: Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: By: CHAIRMAN Date: DEPUTY CLERK Approved as to Form and Correctness: County Attorney ;. 4ÞRODDA " ~!~~.~~~~ March 5, 2007 Ray Wazny St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34892 Re: St. Lucie Tradition Field - Hurricane Wilma Dear Ray. In reference to the final billing for the hurricane repairs at Tradition Field we reviewed the payments received by Rodda. We would like to issue a deductive change order for the amount of $20,925.12, which is the difference of the retain age paid to date and the balance of retain age owed, to cover the cost of items not completed. If you are in agreement with this, please let me know so a change order can be issued in order to close out the job. Should you need additional infonnation, please let me know. JR/pb 250 E. Highland Drive Lakeland, FL 33813 0: 863-669-0990 f: 863-667-3778 Lie. #CG-C061496 ~. .,.,--..". RODDA CONSTRUCTlON.INC . . .. GENERAL COll1RAC10RS LICENSE NO,: CGC061496 2128 E, Edgewood Drive, Ste, 109 Lakeland, FI 33803 (Phone) 863-669-0990 (Fax) 863-667-3778 Ii n............,__._............, n'._......... ....._. .__._ .._..._.___._........_.__.________.__...._.. ._...._______..._.._..._........... ..._.___.__.__'d~ CONTRACT CHANGE ORDER ___._,_._,__..,......._.m :1 ..._..._-~----~.....__.._._..-.".....,...,_._-.." - ....-..........-......-..............-............-.--.--.'--_.~--_. ., --..--..--...'.....-.............-....-......--.......-...--....,.-......-..-.. .__.._._.__........__......_...__.... _.._.._u...._____._._.._.._'.'. ......_.......,..__._._.__..,·..,.-.__.."u_··.. -. ..... ...__.._ .. ____ __n,."." ...._ ___ "_.,.,,.. _"..___.._ ,__,..., _om' . .~ ProJect Name: St. Lucie Tradition Field-Hurricane Wilma Owner: St. Lucie County 2300 Virginia Avenue Fort Pierce, FI 34892 (Phone) (Fax) 772-462-2131 ,_ m____·_· ". ." .-.,....."...-".... r----""" -..-..... l_~_9uote No. n..'__ ___~"'."~..m'_ _." -.,..........-..........-..........-. Change Order Description ..................- ._'.-....-.... _. .._'.. - ,..u··· .___, '_',' ..._.... ..._... ._._ ,....,.. . ~ ._n....__._.._._._·._......._.·..·_······ - . ~ ... .. I . I -..- Date: 02/27/07 Change Order No.: Contractor Project No.: 796 Architect Project No.: - .' .'--_.__.~-,-,_._.-._.- ........-.......-._...._-.__. .-.".,.., .-..-...... ·$20,925 ."...-...........---... : Retainage Balance-Credit given to cover the cost of items not completed. I !,.---,- .. .-..--........--.....--.....-... _..~._-,._...._,---_..._... ...-. -.. .. . ._._._._..~_..._._...~ ,-"._..""--,,..,._-_.._-' ..._-,.._............_...._-~.__.. ---.. .-..-........ ._...-..-_.--,.".._,.,-,,~,.._.. -- .-_..... -."' Extension of Time This Change Order Previous Extensions of Time Total Extension of Time to Date Original Contract Completion Date Revised Completion Date _"_n""" ._"_.,,. _.._ ....,,___.___., ~. ......-_,_~, Days Days Days --. ,-....-"....-" -.- OWNER CONTRACTOR \.....- By: Ray Wazny Date: Original Contract Amount Total Previous Change Orders Contract Amt. Prior to this C.O. Total This Change Order Current Contract Amount $20,925 $0 $20,925 -$20,925 $0 ARCHITECT Date: The Contractor hereby reserves its right to claim additional time and/or monies for the cumulative impact of project changes, " t'" AGENDA REQUEST ITEM NO: C-4E DATE: March 13, 2007 REGULAR PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Debra Brisson SUBJECT: RELEASE OF RETAINAGE TO HENNIS CONSTRUCTION COMPANY, INC. - PHASE I OF ADA IMPROVEMENTS AT TRADITION FIELD BACKGROUND: On December 5,2006, the Board of County commissioners awarded contract C06-12-745 in the amount of$367 ,910.00 to Hennis Construction Company, Inc. To ensure that the work did not interfere with the New York Mets Spring Training season, the contract was awarded in two phases. To date, phase I has been fully completed; staff is requesting the Board's approval to release the retainage for phase I in the amount of $13,646.00. FUNDS ARE A V AILABLE IN: 001-0000-205100-700 General Fund (Retainage - Tradition Field) RECOMMENDATION: Staff recommends the Board's approval to release the phase I retainage of$13,646.00 to Hennis Construction Company, Inc. COMMISSION ACTION: CONCURRENCE: [XJ APPROVED [] DENIED [ ] OTHER: Approved 5-0 DOll M. f\nderson County Administrator County Attorney: , Coordination/Signatures ¡; ·L i i ¡ \-0 .~ <-.¡ \ \ \ Management & Budget: ~ W 41m Purchasing: '\Y h .-bJ- - Other: Admin/Finance Originating Dept: A/ C:\PARKS\AGENDAS\3-13~07 TRADITION FIELD ADA REPAIRS RETAINAGE,DOC (if applicable) ... Board 01 Counll Commissioners Parks & ReereaUon Department MEMORANDUM To: Board of County Commissioners From: Parks Manager, Parks and Recreation Thru: Director, Parks and Recreation Subj: RELEASE OF RETAINAGE TO HENNIS CONSTRUCTION COMPANY, INC. - PHASE I OF ADA IMPROVEMENTS AT TRADITION FIELD Date: March 13,2007 On December 5,2006, the Board of County commissioners awarded contract C06-12-745 in the amount of $367,910.00 to Hennis Construction Company, Inc. To ensure that the work did not interfere with the N ew York Mets Spring Training season, the contract was awarded in two phases. To date, phase I has been fully completed; staff is requesting the Board's approval to release the retainage for phase I in the amount of $13,646.00. 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I'\... ~ Y., I c<) £ Q ¡Q 1:1 u:Suäi ~c4) , ~ ~ ~ ~=~4) ,g....g'E: !2 41 ì:i tl .. !i 1/1 0 lUð ",0 B .0::- o~~ ~ci ~S~g~ S!ßIIU¡:: -\C:,þ wC:: =:e.....=LIJ c II),~ ~ U "uQj't- ~t),Q Z tOlII"OU:> ,Q:~cuO --5~fã::! ~.æ:¡S'E< ~£~ ~l; g c" 5 ~ 'õ I;) 0 'É ,- - ... ~ '-.'~ ¡¡ {j- QI ~ E i!ïo..w6~ ~ª,~~Q, 01110 IIJ oS ut)c:5"C Cþ ..c ~ It- I1J íii"'Ulo~ ~~iái 1:11 ,'I;: :I III ŒI:~ ~ ~~ ~Q.I).s:.J "2 E='1:'-~ CO\i-.!o U 0 II! U ~ ~ ~ w .c ,~ .¡; iú "æ c 5 ü: ~ ffi (J ~ .,. Tr'IIdition FIeld A[)A o A B C C E F G H 1 SUBSTITUTE G703 All. FORNI Tl'õldilion Field AOA Compliance CONTRACT TOTAL CURReNT STOREO COMPLETeO % COMP BALANCE TO 2 AMOUNT ..REVlOUS /1M TeRIALS TOCATe FINI$H RETAINAGEO% :3 Mobilize . S 15,000 S 15,000 $ - S - S 15,000 100% S . $ - ~ 4 Bond S ",910 5 8,910 S · S - S 8,910 100% S - s - -" - 15,000 r;- 5 permi1 fees S 15,000 S · S $ 15,000 100% S - $ - 6 Insurances S 2,000 S 2,000 S · S · S 2.000 . 1000/. S S - 7 SUDsrviaion S 20,000 $ 18.000 S - S · I $ 18,000 90% S 2,000 S - !I TemD Facllllles 5 500 S 400 $ S · $ 400 eO% S 100 $ · 9 conlingency funda - see atlaehed S I 6,110 S $ S 20,000 i S · · 6,110 31% S 13,890 S · 10 $ - 11 I I $ ---=.. 12 concrete mobiliZation S 5,000 $ 5,000 $ S - $ 5,000 100% $ . $ 13 concrele ramps, alsira, handlc;llþ $Gating $ 108.000 S 80,000 S - $ · $ 80,000 74% :s 28,000 S · ~ :s · 15 mobilize h3ndralls $ 5,000 S 5,000 $ S · S 5.000 100% S _1$ · .. f. - 1,000 r"s 16 demollllon hamlrai!s 5,000 S 4,000 $ $ · S 4,000 ðO% S " 17 fabr~cate and inalall aluminum rails 40,000 $ 32,000 S S · $ 32.000 80% S 8,000 $ - _,0.. , - ... 1$ 1!1 7,000 I $ ....:. 19 rouoh ~rp8ntrv $ 25.000 $ 18,000 . S " S · $ 18.000 72% S .--. 20 S " 21 S ---=- 22 Flnla" C;IIrtoanlrv $ 15,000 :s 7,500 $ - s · S 7,500 50% S 7,500 :s · 23 S - - .. 24 $ · _h 25 $ 26 Q I ezing S 2.000 S · :s · s · $ · 0% S 2,OOð S I 27 S -----=- -- $ 6,000 $ I s I S 4,500 75% $ 1,500 S 28 painting 4,500 I S - · · .. 29 whoel çhair $'rioina S 5,000 S 4,000 S · S · $ 4.000 SO' , $ 1,000 S -----=- - ~'.._. ..- 30 S ~ - '. ~ 31 stuoco $ 3,000 $ 3,000 S · $ · S 3.000 1000/, S - 5 - -----=- -_. ,~.. 32 ceramic Ii Ie S 1,000 S - S · S - O' l, S 1,000 S · 33 I S · 34 toilet acc8uorIo$ & oartitiion& $ 25,000 S 5,000 $ - S - S 5.000 20% S 20,000 S - .2§.. ~D.saB~ng $ 15,000 S 15,000 I S · s · S 15,000 100% S - $ r - Is 3S ahelvlng S 04,000 $ 2,000 $ · S - , $ 2,000 50% 2.000 $ · ..E I $ _._. 38 HVAC mobilize! Rough $ . $ - $ " I S · $ · 0% $ . $ - 39 I . S 40 equipment I in61Blletion i$ . S · s $ - 1$ 00/, S - ! s · -'- "" is is I 41 'rim oul S S · · S · · 0'4 i $ - ! s - F'lIge 1 of 2 ÞOO!800 I2J xv~ þ;'LL LOO~/;O!80 "" Tradition Field ADA o A B C D E F G H I 42 $ - _J. 43 Plumbing moÞllltel Slab Rough S 8.500 $ 8,500 $ - $ · $ 8.500 100". $ " $ -,,, 44 Above araund rough $ 6.000 $ I $ $, 6,000 100% $ 1i,0eo ; $ " - - $ 6.000 I s 8,000 I" $ - 4S Fixtures S ", $ $ 6,000 100% S $ - -..... 46 finish p-Iumbing $ ~,OOO $ 2,000 $ " S · S 2,000 100% S . $ I .--=- .£.. -- s ,,--=.. 48 I I - $ " 49 $ .. 50 $ .- - ,'. 51 $ -'. -- -. 52 I -.., ... - $ · 53 electric mobn.'!I! Slab Rough S · :5 - $ " $ - $ · 0'. S " $ 54 Equipment and wlrlno -- S " S . $ - 5 · S - 00/. S " $ ,,~_..::. ... -- 55 Ox1ures $ " S - $ · $ · $ - 0% $ - $ ---=- ....-- ..2§. Trim snd Onal conns!:Ilons $ " $ - $ " $ " S · 00/. $ - s , .....::. 57 58 TOTAL. S 367,1110 $ ~72,920 $ " S .. S 272,1120 74% $ i4,~90 S - 59 Chsnae Orden¡ , 1 $ · $ .. S $ $ " 0% $ - $ " - ..2Q. f.~JI.!1¡¡e Ordsra t :2 $ $ · 5 - S " $ " 0% $ $ · -, 81 Change Orders t 3 $ · S · $ " $ " $ · 0% $ " I $ · 62 Change Orders # 4 $ 1$ · $ · $ - $ - 00/. $ " ! $ - "._--- 63 Toral Chance Orr;Jers $ - J - J - $ " S " 0% S - S - 64 Tol~1 Contract $ 387,1110 $ 272,920.0 $ · $ . $ 2T.Z,920 74% $ 94,990 $ · ~ ... ... -......----.--------..--- --. ~- -_.', ~ ~.<:.!\~- ... " -- ,. ,,""..., -,-' _....-- ._--,,.. -..,.... -........- Paymenls Da1e 67 ORIGINAL CONTRACT AAIT 5 387,1110,00 #1 I -.. - ..2.!L APPROVED CHANGE ORDERS S . ,~~.,-- f-" ..- -.., .. 69 TOTAL. FteVISEO CONTRACT S 361.910,00 #3 ........__....~.- 1.Q. TOTAL COMPLETE & STORED S 272.1120,00 t4 71 RETAJNAGE 10% 5 - .5 ---- 72 TOTAL EARNED LESS RETAINAGE S 272,920,00 ~ 73 LESS PREVIOUS PAYMéNTS S 259.27~ ,00 #7 74 CURRENT PAYMeNT CUI: S 1M4t.OO Tot.1 $ 75 BALANCe TO FINISH. I'L.US ~eTAJNAGe S 94,990.00 Page 2 of 2 POO/POO I2J XII.:J çç. L L LOOC:/ÇO/80 ) ITEM NO. C-5 DATE: 3/13/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY: (~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Division Leo J. Cordeiro, Solid Waste Director SUBJECT: Request Board approval of Inter-local Agreement with the UDSA for non-exclusive use of the St. Lucie County Solid Waste Baling & Recycling Facility. BACKGROUND: This Inter-local Agreement between St. Lucie County and USDA will allow disposal of solid waste material at the Solid Waste Baling and Recycling Facility. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Recommend Board approve Inter-local Agreement with the USDA for non- exclusive use of the St. Lucie County Solid Waste Baling & Recycling Facility. COMMISSION ACTION: CONCURRENCE: Approved 5-0 / " OQ APPROVED () DENIED ( ) OTHER DO G NDERSON COUNTY ADMINISTRATOR Coord ination/Sia natu res County Attorney (X) ~91/ Mgt. & Budget ( ) Other ( ) Purchasing ( ) Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable) ~ -""........""'~.':"""..,,~.~.."'".,.,, II',\") 2 {)f'n-¡' \;¡hK - uJu ~ f INTERLOCAL AGREEMENT THIS AGREEMENT entered into this ---12- day of /, 2006, by and between ST. LUCIE COUNTY, a political subdivision of the sl e of Florida, hereinafter referred to as "County", and the United States Agricultural Department, Agricultural Research Services, United States Horticultural Research Lab, hereinafter referred to as "USDA", providing for USDA's use of the County's landfill. NOW, THEREFORE, IT IS AGREED as follows: 1. This Agreement is entered pursuant to Section 163.01, Stat., Florida Interlocal Cooperation Act. 2. In consideration of the payments provided in paragraph 3 of this Agreement, the County hereby grants to USDA the non-exclusive right to use the St. Lucie County Landfill (Landfill) for waste disposal beginning on October 1, 2006. 3. In consideration of the formation of this USDA agrees to the following: a. USDA shall pay to the County on or before the tenth day of each month the amount due to the County based upon the records of the St. Lucie County Landfill Scales which indicates the total weight of garbage, trash, debris deposited at the Landfill during the previous month by USDA's vehicles. Such charges shall be: $32.00 per ton for class1 garbage. $19.00 per ton for C&D $20.00 per ton for vegetative debris $80.00 per ton for car tires 20' or less $300.00 per ton for tires/floats over 20" in accordance with the schedule of fees approved by the Board of County Commissioners and as may from time to time be amended. Failure to timely remit the monthly charge as determined by the County shall be grounds for cancellation of this Agreement without further notice and for revocation of USDA's right to use the Landfill. b. USDA shall only use the Landfill for the disposal of garbage, trash and debris generated within the geographic boundaries of St. Lucie County, Florida. Page 1 of 3 c. USDA agrees that it will not dispose of or place at the landfill any hazardous or poisonous waste or other material; or of any septage or sludge; or any other material the disposal or placement of which would violate applicable local, state, or federal permits, regulations, or laws. d. USDA shall comply with the provisions of all permits, rules, regulations laws, and ordinances adopted or and issued by the County, State of Florida, or the United States applicable to the Landfill. The violation of any applicable permit, rule, regulation, law, or ordinance shall be grounds upon five (5) days written notice to USDA, for cancellation of this Agreement and revocation of USDA 's right to use the Landfill and maintain a Landfill account. 4. The County shall have the right to terminate this Agreement for any reason upon sixty (60) days prior written notice to USDA. 5. This Agreement sets forth the full relationship between the parties. Collection or other services performed by USDA are not subject to County supervision. 6. To the extent permitted by law, USDA hereby releases the County from all liability and shall indemnify and hold the County, its agents, and employees harmless from any and all claims and causes of action for loss of property, accident, personal injury or death by reason of any act or omission of USDA, its agents, or employees in the use of the Landfill and for all claims and causes of action for violation of any local, state, or federal permits, regulations of laws due to the placement or disposal of hazardous or poisonous waste or other material at the County Landfill by reason of any act or omission of USDA, it's agent, or employees in the use of the Landfill. 7. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations. other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 8. This Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 9. This Agreement shall be filed with the Clerk of Circuit Court of St. Lucie County, Florida, prior to its effectiveness. Page 2 of 3 IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney WITNESSES: UNITED STATES DEPARTMENT OF AGRICULTURE f~~ LLù~ BY: Q-f'~ ~&..P Representative APPROVED AS TO FORM AND CORRECTNESS: n/tt USDA Attorney C: \Documents and Settings\Admlnístrator\Local Settlngs\ Temp\XPGrpWise\Interlocal USDA.wpd Page 3 of 3 AGENDA REQUEST ITEM NO. L iß A DATE: March 13, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: First Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design Update. BACKGROUND: See attached memorandum. FUNDS AVAIL. Funds are available in 102001-3725-563005-425056 Drainage Maintenance MSTU - Stormwater Management PREVIOUS ACTION: 4/4/06 - Board approved Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for Indian River Estates Phase I Design Update in the amount of $87,810.00 RECOMMENDATION: Staff recommends Board approve the First amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. for additional geotechn;caJ services for Indian R;ver Estates Phase J Des;gn Update in the amount of $2,519.00, and authorization for the Chairman to sign. COMMISSION ACTION: [)4 APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 [x]County Attorney J'<t/ Coon.tinationIS (x]Mgt. & Budget /-.-10 ~M (x)Exec. Asst. hPr 11 , [x]Originating Dept. Public Works [ ]Finance IRE Ph. 1 Update wa 25 amend1. \1\, [XJProj Mgr. M.~ [ lather DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer MVf DATE: March 13, 2007 SUBJECT: First Amendment to Work Authorization No. 25 to the contract for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. Indian River Estates Phase I Design Update BACKGROUND As part of the service provided by the Engineer, a South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP) was applied for and issued for the construction of a pump station, collection system and other minor improvements for IRE and the ·Savannas Ecosystem Management System". The County has recently acquired a lot for the location of the permitted stormwater pumping station. This lot is not in the same location as the current construction plans and permit indicate, and therefore additional engineering and permitting are required prior to the construction and/or operation of the stormwater pumping station. Additionarry, prior to the construction of the correction system that will feed the stormwater pumping station, additional engineering and permitting will be necessary to account for any changes to the IRE subdivision that have occurred since the initial design and permitting were completed. The attached First Amendment to Work Authorization No. 25 to the contract. for Professional Engineering Services Stormwater Management with Hazen and Sawyer Engineers, P.C. is for additional geotechnical services (Task 1) for Indian River Estates Phase I Design Update in the amount of $2,519.00. FIRST AMENDMENT TO WORK AUTHORIZATION NO. 25 Engineering Services Related to Stormwater Management C03-05-395 for Indian River Estates Phase I Design Update Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between S1. Lucie County (the "County") and Hazen & Sawyer, P.C. (the "Engineer") dated May 13, 2003, is hereby amended to provide additional geotechniçal services in the amount of $2,519.00. The Engineer agrees to provide the additional Scope of Services described in Exhibit "A" and for the additional Compensation described in Exhibit uBD. All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". All other terms and conditions of Work Authorization No. 25 (C-03-05-395) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: Hazen and Sawyer Engineers, P.C. Date: HAzEN AND SAWYER Environmental Engineers & Scientists Hazen and Sawyer, P,C, Mardi Executive Center 1905 South 25th Street, No, 103 Fort Pierce, FL 34947 772 489-0066 Fax: 772 489-0299 February 16, 2007 Mike Harvey, E.!. ST. LUCIE COUNTY Engineering Division 2300 Virginia Avenue Ft. Pierce, Florida 34982 EXHIBIT A St. Lucie County Indian River Estates Stormwater Imcrovements Mr. Harvey: Hazen and Sawyer kindly request that Work Authorization #25 be increased by $2,519 bringing the total to $90,329. We request that this additional amount be added to Task 1: Data Collection. This additional increase will cover the time and materials needed to gather additional geotechnical information for the Stormwater Pumping Station for Indian River Estates. I am attaching a copy of the revised budget for this project. The Schedule will not be affected. Please let me know if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. 75~c Billy J." A~9U:;;~Ë~ . Senior Principal Engineer f:"J::t¡ ~ / O:/40593-025L014. doc New York, NY' Philadelphia, PA' Detroit, MI . Raleigh, NC' Charlotte, NC . Fairfax, VA' Hollywood, FL· Boca Rafon, FL' Fort Pierce, FL' Tampa, FL' Sarasota, FL' Coral Gables, FL EXHIBIT B REVISED BUDGET February 16, 2007 St. Lucie County Indian River Estates Phase I Design Update Hazen and Sawyer propose to complete the above tasks for the not to exceed amount of $90,329. Any additional services will be provided on an hourly rate basis in accordance with the Continuing Services Agreement rate schedule. Task Task 1 - Data Collection Task 2 - Permitting Task 3 - Pump Station Design Update Task 4 - Phase I & II Segregation/Coordination Task 5 - Bidding Services Task 6 - Water Quality Monitoring Program TOTAL NOT TO EXCEED: FtP:/ProposalsSt.LucieCounty109 revisedbudget.doc Page 5 of 6 Cost $ 12,034 $ 16,825 $ 30,240 $ 14,425 $ 12,745 $ 4.060 $ 90,329 / .I,;" c . c l', ,./" EXHIBIT C SCHEDULE St. Lucie County Indian River Estates Phase I Design Update Task Time to ComDlete from Notice to Proceed Task 1 - Data Collection Task 2 - Permitting Task 3 - Pump Station Design Update Task 6 - Phase I & II Segregation/Coordination Task 5 - Bidding Services Task 6 - Water Quality Monitoring Program 6 Weeks 14 Weeks (Application Submittal) 29 Weeks 29 Weeks TBD TBD FtP;IProposalsSt LucieCounty109 Page 6 of 6 ITEM NO. C - 6B DATE: March 13, 2007 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: SUBMITTED BY (DEPT.): BOARD OF COUNTY COMMISSIONERS ENGINEERING DIVISION (4115) SUBJECT: Approve Changer Order No.5 for an extension of time to the South Jenkins Road Extension project, Contract No.C03- 08-480. The project has been completed. The extension allows for the processing of bills and finalization of the paperwork. No additional costs are associated with Change Order No.5. BACKGROUND: Attached please find Memorandum 07-059 for additional information. FUNDS AVAILABLE: Fund No. 101006-4116-563000-41002 Transportation Trust-Impact Fees. PREVIOUS ACTION: On August 1, 2003, the Board approved award of the contract to Ranger Construction Industries, Inc. in the amount of $1,583,245.83. On December 9,2003, the Board approved Change Order No.1 in the amount of $64,729.09 to install a silt fence adjacent to the perimeter and correct design oversights of the South Jenkins Road Extension project. On April 6, 2004, the Board approved Change Order No.2 in the amount of $18,744.02 for modifications to the South Jenkins Road Extension project. On November 15, 2004, the Board Approved Change Order No.3 in the amount of $50,024.72 for modifications to the South Jenkins Road Extension project. In order to increase safety awareness to the traveling public and carry out several construction activities some design modifications and additions were made to the plans. In addition to Change Order No.3, staff requests of the Board, a reduction in the retainage of 5 percent from $166,358.95 to $83,179.47 assisting the contractor in compensating their subcontractors and finalize the project. Due to Hurricane Frances and Hurricane Jeanne, the finalization of this project has been delayed. Construction of the project has been completed. On July 26, 2005, the Board approved a reduction in the retainage from 5 percent ($83,179.47) to 1 percent ($16,635.90). Additional services of the Contractor will be necessary to finalize the project. On May 2, 2006, the Board approved Changer Order No.4 in the amount of $84,371.95 to install an equalizer pipe to correct a design oversight. Our consultant engineer of design, LBFH, Inc. has agreed to absorb all engineering and partial construction redesign costs associated with the oversight. RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to sign Change Order No.5 for an extension of time only to the South Jenkins Road Extension project, Contract No.C03-08-480, with Ranger Constructio dustries, Inc. COMMISSION ACTION: [~APPROVED[ ] DENIED Approved 5-0 [ ] OTHER [xl County Attorney [xl Project, Manager [I Road & Bridge ~ ¿,' \II [xl Mgt. & Budget [xl Executive Asst. [I ERD f-f.~1r.. ~. I:: [xl D gl Anderson County Admini'strator Originating Dept. Public Works '~.. Purchasing Dept (Check for copy only,if applicable . ~ , DIVISION OF ENGINEERING MEMORANDUM 07-059 TO: Michael Powley, P.E. - County Engineer Barbara Meinhardt - Executive Assistant ~ Via: FROM: Craig Hauschild, P.E. - Assistant County Engineer ~ Date: March 2, 2007 Subject: Change Order No. 5 South Jenkins Road Extension Project, Contract C03-08-480 SLC Project No. 03-14 ~. -::~-"''''~~---'-;::"''--- ...;;;2> Change Order No.5 is for an extension of time for the project. During the installation of the equalizer pipe authorized under Change Order No. 4 utility conflicts were encountered. Relocation of the utilities resulted in several months of delays. Change Order No. 5 is for a 304-day extension to the Contract for the South Jenkins Road Extension project, which will allow for the processing of bills and the finalization of paperwork for the project. No additional funds are associated with the change order. cc: Don West, P.E. - Public Works Director '1' ¡ CHANGE ORDER ST. LUCIE COUNTY PROJECT: S. Jenkins Rd. Extension (name, address) CHANGE ORDER NUMBER: 5 INITIATION DATE: 2/23/07 TO (Contractor): CONSULTANT'S PROJECT NO.: N/A Ranger Construction Industries, Inc. POBox 14589 Fl Pierce, FL 34982-5652 ST. LUCIE COUNTY CONTRACT NO: C03-OS480 CONTRACT DATE: 8/1/03 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHED EXHIBIT "A" The original (Contract Sum) was .,...,............. ....,... ,........,........ .'......', ,.... ........ '....,.....,..........,....... ,.. .......,...... '...,.., $1,583,245,83 Net change by previous authorized Change orders....,.....,....,....,....,.......,...............................,......,..,.,......,......,...... $217,869.78 The (Contract Sum) prior to this Change Order was...,......................,...,.,..........................................,.......,......'... $1,801,115.61 The (Contract Sum) will be unchanged by this Change Order",.. .....'.', ..,.,.., ..,........ ...........,.... ..,... .,.',....., ...., ...... ....,., .................. "" '........." ,...... ,......,.,.., ,., ,.,..., ...,..." $ -0- The new (Contract Sum) including this Change Order will be....,.............................,........,..,...,..........................,. $1,801,115.61 The Contract Time will be increased by.......,........,...........,......................,...,........,..................,..,............,.........,.....'.. ( 304 days) The Date of Substantial Completion as of the date of this Change Order therefore is: 4/30107 Funds Available: Account Number 101006-4116-563000-41002 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price andlortime adjustment due or owed the Contractor for the work or changes defined in this Change Order, By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price andlor time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing ofthe Change Order constitutes full and mutual accord and satisfaction forthe adjustment in contract price ortime as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents, Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed, All work performed under this Change Order shall be performed in accordance with the contract specifications, 2123107 Date Recommended: St. Lucie County. Enaineerina Division ArchitectlEngineer 2300 Virainia Ave.. Ft. Pierce, FL 34982 Addre~ /" ~á/ By: Craig Hauschild, P,E., Ass't. Co, Engr, Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date L 34979-458 2. 2,) (j) Approved as to Form and Correctness I vP te County Attorney t"- 8 ~ N o· '" ... :-= 5 I$.. « .... li ::c ~ .. Q ¡;.¡ B ..2 c.. = 0 u ò .s '" " I(J 'j; :u:.g ~.s ¡;.¡ <= Q ,g ~ 0", 0.58 ¡;.¡ í! N ~8:!", z 11 - ,.., < ~ ~Q ::c .. ::I 'f' u~«~ B .. Q '1::1 " I! I> g~ ....¡t- ~ g § ~ 8:.e c:: .~ "0 o 0 '1::1 uz« '! .~ o .. ...ø.. .1:: ~ = .- ;:¡¡!:; li: ' :::! :.:.:.:. .:............... IIII11II111 " " .:;::::.: &::::1 ~:::m " .:......:.:.: " ~ ~ ß z o - r:/J ffi ~ ~ Ç.I.J Ç.I.J ~ - ~ = 8 o ... B ..2 = o u "3 o :.:.'.;', 88 00 ... ... ¡j~jrf¡¡!;j I ;:::::;.:.;...... , , ::;;::.' ~~~frt~~ .!J <= 5 .g = g ~ J:s e a ~ 8.... ,..,i;' .. ~ ~'1::1 '1::1 .. .. 0 &~ ..~ ~~ "U ..., .. .;¡.g ::s .. 0- "'" -N '---= ITEM NO. C- 6C DATE: March 13, 2007 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 Michael Powley, P.E. County Engineer SUBJECT: Change Order No.1 and Final in the amount of $22,416.76 - Indian River Drive-Emergency Repairs. BACKGROUND: Please see attached memorandum. FUNDS AVAIL.: Funds will be made available in 101004'4115'546300'1902 Transportation Trust County Fuel Tax - Engineering/Public Works - Hurricane Jeanne. PREVIOUS ACTION: November 28,2006 - Board approved the contract with Ranger Construction in the amount of $159,617.52. RECOMMENDATION: Staff recommends approval of Change Order No.1 and Final in the amount of $22,416.76 - Indian River Drive' Emergency Repairs, and authorization for the Chair to sign. COMMISSION ACTION: [~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do 1 M. Anderson County Administrator [x]County Attorney [x]Originating Dept. Public Works [ ] Finance [ ]Growth Man. [x]Exec. Assis. h~M [x]Mgt. & Budget [xJProject Man. [x] Assis. County Adm. (Faye Ou w i , cII DIVISION OF ENGINEERING MEMORANDUM 07-066 TO: Michael Powley, County Engineer FROM: Michael Harvey, Engineer Intern DATE: March 6, 2007 SUBJECT: Indian River Drive - Emergency Repairs On November 28,2006, the Board approved the contract with Ranger Construction for an emergency repair on Indian River Drive in the amount of $159,617.52. Ranger has successfully completed the repair. Change Order No. will be the final change order and is for adjustments in quantities. /ii ~.. I " CHANGE ORDER ST. LUCIE COUNTY PROJECT: Indian River Drive -12661 (name, address) CHANGE ORDER NUMBER: 1 & Final INITIATION DATE: 3/6/07 Ranger Construction Industries, Inc. POBox 14589 Fort Pierce, FL 34979-4589 CONSULTANrs PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C TO (Contractor): CONTRACT DATE: 11/28/06 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHED EXHIBIT "A" The original (Contract Sum) was........... ......... ........ ............ ...... ....................... ........ .......... ........... ..... ......... ......... ..... $159,617.52 Net change by previous authorized Change orders.............................................................................................................. $-0- The (Contract Sum) prior to this Change Order was................................................................................................ $159,617.52 The (Contract Sum) will be increased by this Change Order .......... ............... ..... ....... ........ ............ ...... .......... .................................. ..................... .......... ....... $22,416.76 The new (Contract Sum) including this Change Order will be................................................................................. $182,034.28 The Contract Time will be unchanged by ...................................................................................................................( -0-) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 12130106 Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of peñormance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work peñormed under this Change Order shall be peñormed in accordance with the contract specifications. / 7 Date 34982 3/6/07 Date ! Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 Ranaer Construction Industries. Inc. Contractor By: Date POBox 14589. Fort Pierce. FL 34979-4589 Address Approved as to Fonn and Correctness By: Date County Attomey ï . ¡"" Project: Indian River Drive - 12661 CHANGE ORDER #1 Contractor Ranger Construction Notice to Proceed Date: Additional Time: 0 , SY -300.00 6 Floating Turbidity Barrier LF 60.00 $8.50 $510.00 7 Rip Rap (limerock) TN 133.70 $175.00 $23,397.50 8 Bedding Stone TN 13.91 $0.01 $0.14 9 Geosynthetic Reinf. Fabric SF 3,600.00 $7.00 $25,200.00 otal $22,416.76 \, ITEM NO. C- .~D DATE: March U; 2007 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] C-QNSENT [xl TO: SUBMITTED BY (DEPT.): BOARD OF COUNTY COMMISSIONERS ENGINEERING DIVISION (4115) SUBJECT: Approve Change Order No.2 in the amount of $108.00 to the Edwards Road at Selvitz Road Intersection Improvements project, Contract No. C04-02-124. The project has been completed. Change Order No.2 is for adjustments to quantities. BACKGROUND: Attached please find Memorandum 07-061 for additional information. FUNDS AVAILABLE: Funds are available in Account Number 101006-4116-563000-4114 Transportation Trust! Impact Fees. PREVIOUS ACTION: On February 10, 2004, the Board approved award of the contract to Ranger Construction Industries, Inc. in the amount of $522,443.20. On May 24, 2005, the Board approved Change Order No. 1 in the amount of $70,155.68 for improvements to the Edwards Road at Selvitz Road Intersection Improvements project. The proposed improvements to the plans are for the paving of the shoulders adjacent to the turning radii and a restricting layer of clayey material will be removed from the pond bottom and replaced with clean free draining sand. RECOMMENDATION: Staff recommends the Board approve and authorize the Chair to sign Change Order No.2 in the amount of $1 08.00 for a total contract price of $592,706.88 to Ranger Construction Industries, Inc. for the Edwards Road at Selvitz Road Intersection Improvements project, Contract No. C04-02-124. DC! APPROVED [ ] OTHER [ ] DENIED Approved 5-0 COMMISSION ACTION: [x] County Attorney [x] Project. Manager [x] Road & Bridge n -f¡ t--. ...{-- ~~~ ['I MgL & .,d,ot f....:. -(" mI. L [~ 0<;,;"'1;", Dept. P""'~ Wo~, ~Io\. [x] Fiscal Coordinator ~ [,] Purchasing Dept ~ [x] (Check for copy only, if applicable) ... I I DIVISION OF ENGINEERING MEMORANDUM 07 -061 TO: Michael Powley, P.E. - County Engineer Via: Barbara Meinhardt - Executive Assistant fROM: Craig Hauschild, P.E. - Assistant County Engineer Date: March 5, 2007 " . -' Subject: Change Order No.2 Edwards Roads at Selvitz Roads Intersection Improvements Contract C004-02-124, SLC Project No. 03-24 '. ~:: --~-"":-.:~-=:,,~~~~."':----=- ~-=- ~-> The project has been completed. Change Order No.2 in the amount of $108.00 to the Edwards Road at Selvitz Road Intersection Improvements project is for adjustments of quantities to the Contract. The Contractor is working on submitting the necessary paperwork in order to finalize the project. cc: Don West, P.E. - Public Works Director CHANGE ORDER ST. LUCIE COUNTY PROJECT: Edwards Rd. @ Selvitz Rd. Intersection Improvements (name, address) CHANGE ORDER NUMBER: 2 INITIATION DATE: 3/2/07 TO (Contractor): CONSULTANTS PROJECT NO.: N/A Ranger Construction Industries, Inc. POBox 14589 Fort Pierce, FL 34979-4589 ST. LUCIE COUNTY CONTRACT NO: C04-02-124 CONTRACT DATE: 2/10/04 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHED EXHIBIT "AU The original (Contract Sum) was ...,.....,.,.,...................,............,................................",..........,................................. $522,443,20 Net change by previous authorized Change orders.........................................·......·......·....·..·....·..............·................ $70,155.68 The (Contract Sum) prior to this Change Order was...........................................·................·..·....·....·..........·..·......... $592.598,88 The (Contract Sum) will be increased by this Change Order........,..".............,..,..,.......................,...... .............................,............................................,............. $108,00 The new (Contract Sum) including this Change Order will be.................................·....................·..·..·..·....·..·......·..· $592.706.88 The Contract Time will be increased by ..................................................................................................................... ( 690 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: April 30, 2007 Funds Available: Account Number 101006-4116-563000-4114 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order, By executing this Change Order. the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St. Lucie Countv. Enaineerina Division Architect/Engineer 2300 Virainia Ave.. Ft. Pierce, FL 34982 Address 3/2/07 By: Craig Hauschild, P.E., Ass't. Cty. Engr. Date Approved: Public Works DeDartment St. Lucie County Department 2300 Virainia Ave.. Ft. Pierce. FL 34982 Address 3/2/07 By: Donald B. West, P.E. PIW Dir. Date Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 Ranaer Construction Industries, Inc, Contractor By: Date POBox 14589. Fort Pierce. FL 34979-4589 Address Approved as to Fonn and Correctness County Attorney By: Date ·-íooo ~ !: = 5: x J!i¡';¡ c: c» E c» > o ... Q. .§ c: o ~ (,) c» i!! S .E "C nI & .tI 'S; N ëi): U)W -;~ "CO ...W ~~ "CeI: wð ts ,~ e ~ ..; .5 c o ~8 1ñN c - ON U~ ~ ,., ~~ .. 5:<0 a:: ~ o ~ ~ e ¡:: ~ a. 'iii tS S c: ~ ,~ ~ 8~~ ::; .. '" u j - .. ~ Q ~ Z s: - " o u ê z ;:¡ .... 8 N ~ 'E Q. « ~ o c o 'i ã. E o u '" u ii2 "" -' ~ o ... 88 ~~ ... ... 88 t?~ :I ;: IL ~ I- 88 ~i ... ... :I 'C IL .. 'E :;) 88 ~~ ...... ~f a '7 ~ J!I 'E :;) L5~ c o ß. 'C u .. .!! :w 'Iii .. ã. ê .. ~ t:. .. c .. ~ õi .. c ~ ..u IL .. c "" ~~ ¡ ¡~ g r:: .... 'tI ãi 8 ~ ... ~ g 8 ~ ... 'iii ~ AGENDA REQUEST ITEM NO: ~ 1 Pr DATE: March 13, 2007 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY: Environmental Resources PRESENTED BY: Vanessa Besse~ 08 TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Approval of State Inmate Work Program Contract BACKGROUND: On February 22, 2005, the BOCC approved the implementation of the State Inmate Work Program. The program's work squad is being used on a rotation basis by all of Parks & Recreation's divisions and has been successful. Also, the program was a great asset to the County after Hurricane Wilma. Attached is a copy of the February 22, 2005 memorandum that was provided to the BOCC outlining the benefits of the program. The Environmental Resources Department which manages the County's 7000 + acres of Environmentally Significant Lands requested that the Board approve the use of state inmates to aid in restorationlmanagment projects as part of our 2006 budget process. PREVIOUS ACTION: NIA FUNDS AVAILABLE: Funds are available in 001-3920-534000-300 Contractual Services RECOMMENDATION: Staff recommends that the BOCC approve the contract for the State Inmate Work Program in the amount of $61,108 to pay for labor costs that covers the (5) inmates and (1) correctional work squad officer, approve the contract between the State & the County as approved by the County Attorney, and authorize the Chairman to sign the contract. [X] APPROVED [] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: Dou n rson County Administrator ~-\- County Attorney: ~ L Originating Dept: 5 Coo rd i n atio nlS iQ natures Mgt & Budget: .-1t' hì ~ Purchasing: Public Works: Other: Finance: (Check for Copy only, if applicable) Commission Review: March 13, 2007 ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM TO: County Commission FROM: Environmental Resources Director DATE: March 13, 2007 SUBJECT: Approval of State Inmate Work Program Contract On February 22, 2005, the BOCC approved the implementation of the State Inmate Work Program. The program's work squad is being used on a rotation basis by all of Parks & Recreation's divisions and has been successful. Also, the program was a great asset to the County after Hurricane Wilma. Attached is a copy of the February 22, 2005 memorandum that was provided to the BOCC outlining the benefits of the program. The Environmental Resources Department which manages the County's 7000+ acres of Environmentally Significant Lands requested that the Board approve the use of state inmates to aid in restoration projects as part of our 2006 budget process. Staff recommends that the BOCC approve the contract for the State Inmate Work Program in the amount of $61,108 to pay for labor costs that covers the (5) inmates and (1) correctional work squad officer, approve the contract between the State & the County as approved by the County Attorney, and authorize the Chairman to sign the contract. Vanessa Bessey Environmental Resources Director , Parks and Recreation De artment MemorDndum From: Board of County Commissioners Lindo Brawn, Assistant Parks" Recreation Director ,~., To: Subject: Approval of State Inmate Work Program Date: Febnlary 22, 200!S On October 26, 2004, the BOCC approved the continuation of an inlllClte wol"k program through the Sheriff's Department. Eighty Thouscmd Dollars ($80,000) was allocated for the program to caver labol" costs and landfill casts. The program in 2003 had mediocre SUccess and although several attempts have bee" made by County stoff , the Sheriffs Deportment stOoff to get the pI"Ogratn implemented for FYI 04/05, these attempts hayc beCII unsuccessful. This has been due fn-pGI'"t to the fact thot there is a lock of inmotes for the program, os well as, a 'ock of deputy's who are o~jlablc to oversee the work crews. The fact thcrt the inmates are short-timers correlates to Q lorge inmate turnover and a quality of work that is not always satisfactory. Staff is requesting that the Boord consider pGrliclpoting in the State Inmclte Work Progl'Gm utilizing the funds set aside fot'the County Inmate Work Program as they are not being utilized. This program would compliment the County Inmc&t. Work Program and wol:tld provide (5 white collOor crime) in motes dedicated to Parks' Recrcc&'tian and (1) correctional work squad officer to oversee the inmates. .Because the state in"'ates care long-timcrs, the advontages of this program arc that thc county is guorcurteed a forty-hour (40) work week with the same inmates and the SOome over- site officer. Using this program will eliminate the time spent by staff processing paperwork. Another advontage to the State program is that the Inmates can work on saturdays unlike the county inmatu. StOoff has olsa requested that if the Board approves this program that we be proYided with skilled workers. The state olso guarantees that thc work performed by its inmates will meet the County's standards as it has remedies to ensure the inmates' performance. The cost of the program is $52,000. This will cover the cost of the salary of the correctional work squad officer who will transport and oversee the inmates. This breaks dawn 1'0 $25.00/h,.. which is what we arc currently paying for a county deputy. 71:>J71:> ":It'lH"' 815 NIW(]\1 S>lè "1d 0Þ6tl9ÞlLL Sl:e0 L00l/Ll/l0 CONTRACT # WS374 CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS ~"J:!1~ AND FEB 2 1 2007 ST. LUCIE COUNTY ENVIRONMENTAL RESOURCES !:,i.~~ br:l!î:'Z:¡:r:c,~r This Contract is between the Florida Department of Corrections ("Department") and St. Lucie County Environmental Resources ("Agency") which are the parties hereto. WITNESSETH WHEREAS, Section 944.1 0(7) and Section 946.40, Florida Statutes and Rules 33-601.201 and 33-601.202, Florida Administrative Code, provide for the use of inmate labor in work programs; WHEREAS, inmate labor will be used for the purposes of providing services and performing work under the supervision of the Department's staff; WHEREAS, St. Lucie County Environmental Resources is a qualified and willing participant with the Department to contract for an inmate work squad(s); and WHEREAS, the parties hereto find it to be in their best interests to enter into this Contract, and in recognition of the mutual benefits and considerations set forth, the parties hereto covenant and agree as follows: I. CONTRACT TERM/RENEWAL A. Contract Tem1 This Contract shall become effective upon the establishment of the Correctional Work Squad Oftìcer position referenced in Section 11" B" \" a, This Contract shall end at midnight one (1) year(s) from the effective date of this Contract. B. Contract Renewal This Contract may be renewed, at the option of the Agency, for one (l) additional one (I) year period after the initial Contract period upon the same terms and conditions contained herein, The Contract renewal is at the Agency's initiative with the concurrence of the Department. The Agency, if it desires to renew this Contract, shall exercise its option no later than sixty (60) days prior to the Contract expiration, Page 1 of 12 Master Document Revised 09/01/06 CONTRACT # WS374 II. SCOPE OF CONTRACT A. Administrative Functions 1. Each party shall cooperate with the other in any litigation or claims against the other party as a result of unlawful acts committed by an inmate(s) performing services under this Contract between the parties. 2. Each party will retain responsibility for its personnel. and its fiscal and general administrative services to support this Contract. 3. Through their designated representatives. the parties sball collaborate on the development of policies and operational procedures for the effective management and operation of this Contract. B. Description of Services 1. Responsibilities of the Department· a. Pursuant to Chapter 33.601.202(2)(a), F.A.C., supervision of the work squad will be provided by the Department. The Department shall provide one (1) Correctional Work Squad Officer position to supervise an inmate work squad. This Contract provides for one (1) Work Squad of up to five (5) inmates. The Contract Manager shall provide the Agency written notification of the date on which the Correctional Work Squad Officer position is established. This shall be the effective date of the Contract, b, The Department shall ensure the availability of the work squad except: when weather conditions are such that to check the squad out would breach good security practices; when the absence of the Correctional Work Squad Officer is necessary for reasons of required participation in training or approved use of leave; when the officer's presence is required at the institution to assist with an emergency situation; when the officer is ill; or when the Correctional Work Squad Officer position is vacant. In the event a position becomes vacant, the Department shall make every effort to fill the position within five (5) working days. c. For security and other reasons, the Department shall keep physical custody of the vehicles, trailers, and all tools, equipment, supplies, materials and personal work items (gloves, boots, hard hats, etc.) furnished by the Agency. (The Department shall maintain an inventory of all property, expendable and non-expendable, provided by the Agency, which is in the care, custody, and control of the Department.) A hand receipt shall be signed by the Department's Work Squad Supervisor upon the issuance and return of non -expendable items. d. In the event of damage to property as a result of an accident charged to a Department employee or blatant acts of vandalism by inmates, or loss of tools and equipment, the Agency may request that the Department replace or repair to previous condition the damaged or lost property. Page 2 of 12 Master Document RevIsed 09/01106 CONTRACT # WS374 e. The Department shall be reimbursed by the Agency for the Department's costs associated with this Contract in accordance with Addendum A. Once the Agency reimburses the Department for the costs reflected on Addendum A, Section IV., these items will be placed on the Department's property records, as appropriate, and upon the end or tennination of this Contract such items will be transferred to the Agency. f. The Department shall, to the maximum extent possible, maintain stability in the inmate work force assigned to the work squad on a day-to-day basis in order to maximize the effectiveness of the work squad. g. The Department shall provide food and drinks for inmates' lunches. h. The Department shall be responsible for the apprehension of an escapee and handling of problem inmates. The Department shall provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disruption in the work schedule. I. The Department shall be responsible for administering all disciplinary action taken against an inmate for infractions committed while perfonning work under this Contract. J, The Department shall provide for medical treatment of ill or injured inmates and transportation of such inmates. k. The Department shall provide inmates with all personal items of clothing appropriate for the season of the year 1. The Department shall be responsible for driving the Correctional Work Squad Officer and the inmates to and from the work site. m. Both parties agree that the Department is making no representations of the level of skills of the work squad. 2. Responsibilities of the Agency a. The Agency shall periodically provide the Department's ,Contract Manager with a schedule of work to be accomplished under the terms of this Contract, Deviation from the established schedule shall be reported to, and coordinated with, the Department. b, If required, the Agency shall obtain licenses or pennits for the work to be perfonned. The Agency shall provide supervision and guidance for projects that require a pennit or which require technical assistance to complete the project. c. The Agency shall ensure that all projects utilizing inmates are authorized projects of the municipality, city, county, governmental Agency, or non-profit organization and Page 3 of12 Master Document Revised 09101/06 CONTRACT # WS374 that private contractors employed by the Agency do not use inmates as any part of their labor force. d. The Agency shall retain ownership of any vehicles or equipment provided by the Agency for the work squad. The Agency shall maintain its own inventory of transportation, tools and equipment belonging to the Agency, which remain in the care, custody and control of the Agency and that are assigned to this program, e. The Agency shall provide vehicles for transportation of the work squads In accordance with the requirements of Addendum A. 3. Communications Equipment It is the intent of this Contract that the Work Squad have and maintain communication with the institution at all times. A method of communication (radios, cellular phone, etc.), shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Contract Manager in writing prior to assignment of the work squad. Dependent upon the method of communication provided, the Contract Manager may require a secondary or back-up method of communication. All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIA TEL Y deprogrammed by the Department at no cost to the Agency upon the end or ten11ination of this Contract. Under no circumstances shall the Agency accept the return of radio communications equipment provided to the Department under this contract until such time as the radio communications equipment has been deprogrammed by the Department. At the end or tem1ination of this Contract, the Department's Contract Manager will contact the Department's Utility Systems/Communications Engineer in the Bureau of Field Support Services, Central Office, to effect the deprogramming of radio communications equipment provided by the Agency. a, Vehicle Mounted Radios: Vehicles provided by the Agency that are or that will be equipped with a mobile/vehicle mounted radio programmed to the Department's radio frequency(ies) will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for vehicle andlor communications equipment maintenance andlor repair. The use of these vehicle(s) during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. b. Hand Held Radios: Hand held radios provided by the Agency that are or that will be programmed to the Department's radio frequency(ies) will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for maintenance andlor repair. The use of any hand held radio(s) provided by Page 4 of 12 Master Document Revised 09101/06 CONTRACT # WS374 the Agency that is programmed to a Department radio frequency utilized by the Agency during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. c. Cellular Phones: Cellular phones may be utilized by the work squad officer as either a primary or secondary means of communication as approved by the Contract Manager. The Contract Manager shall designate whether the usage of a cellular phone is required on Addendum A. The cellular phone will be retained by the Department and upon the end or tennination of this Contract, returned to the Agency. The use of the cellular phone is not authorized for any purposes other than as indicated in this Contract. 4. Other Equipment The Contract Manager shall detennine if an enclosed trailer is required for the work squad to transport tools and equipment utilized in the performance of this Contract and shall notify the Agency when a trailer is necessary. The Contract Manager shall designate whether the usage of an enclosed trailer is required on Addendum A. If a trailer for the work squad is provided by the Agency at no cost to the Department, and the Department maintains the trailer when the squad is not working, the Agency shall provide an enclosed trailer that can be secured when not in use. All tools and equipment utilized by the work squad shall be secured in the trailer. Upon the end or termination of this Contract, the trailer wìll be returned to the Agency. III. COMPENSA nON A. Payment to the Department 1. Total Operating Capital To Be Advanced By Agency, as delineated in Section V" of Addendum A, shall be due and payable upon the establishment of the Correctional Work Squad Officer position (Section II., B., 1., a.). The Department will not proceed with the purchase until payment, in full, has been received and processed by the Department's Bureau of Finance and Accounting. Delays in receipt of these funds may result in start-up postponement or interruption of the services provided by the Work Squad. 2. Total Costs To Be Billed To Agency By Contract, as delineated in Section VI., of Addendum A, will be made quarterly, in advance, with the first payment equaling one-fourth of the total amount, due within two (2) weeks after the effective date of the Contract establishment of the Correctional Work Squad Officer position (Section II., B., I" a.). The second quarterly payment is due no later than the 20th day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 20th day of the last month of the preceding Contract quarter. 3. In the event the Correctional Work Squad Officer position becomes vacant and remains vacant for a period of more than five (5) working days, the next or subsequent billing will be adjusted by the Department for services not provided. Page 5 of 12 Master Document Revised 09/01/06 CONTRACT # WS374 4. The Agency shall insure any vehicles owned by the Agency used under this Contract. 5. The rate of compensation shall remain in effect through the tenn of the Contract or subsequent to legislative change. In the event there is an increase/decrease in costs identified in Addendum A, this Contract shall be amended to adjust to such new rates. B. Official Payee The name and address of the Department's official payee to whom payment shall be made is as follows: Department of Corrections Bureau of Finance and Accounting Attn: Professional Accountant Supervisor Centerville Station Call Box 13600 Tallahassee, Florida 32317-3600 IV. CONTRACT MANAGEMENT The Department will be responsible for the project management of this Contract. The Department has assigned the following named individuals, address and phone number as indicated, as Contract Manager and Contract Administrator for the Project. A. Department's Contract Manager The Warden of the Correctional Institution represented in this Contract is designated Contract Manager for the Department and is responsible for enforcing performance of the Contract terms and conditions and shall serve as a liaison with the Agency, The position, address and telephone number of the Department's Contract Manager for this Contract is: Warden Martin Correctional Institution 1150 S.W. Allapattah Road Indianto\o\'t1, Florida 34956 (772) 597-3705 B. Department's Contract Administrator: The Chief, Bureau of Procurement and Supply is designated Contract Administrator for the Department and is responsible for maintaining a Contract file on this Contract service and will serve as a liaison with the Contract Manager for the Department. The name, address and telephone number of the Department's Contract Administrator for this Contract is: Page 6 of 12 Master Document Revised 09/01106 CONTRACT # WS374 Lisa M. Bassett, Chief Bureau of Procurement and Supply Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 (850) 410-4091 bassett.lisa@mail.dc.state.fl.us C. Agency's Representative The name, address and telephone number of the representative of the Agency is: Vanessa Bessey St. Lucie County Environmental Resources 2300 Virginia Ave Fort Pierce Florida 34982 (772) 462-2526 D, Changes to Designees In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representatives will be rendered in writing to the other party and said notification attached to originals of this Contract. V. CONTRACT MODIFICATIONS Modifications to provisions of this Contract shall only be valid when they have been rendered in writing and duly signed by both parties, The parties agree to renegotiate this Contract if stated revisions of any applicable la\ovs, regulations or increases/decreases in allocations make changes to this Contract necessary. VI. TERMINA TION/CANCELLA TION Termination at Will This Contract may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties. Said notice shall be delivered by certified mail (return receipt requested), or in-person with proof of delivery. In the event of termination, the Department will be paid for all costs incurred and hours worked up to the time of termination. The Department shall reimburse the Agency any advance payments, prorated as of last day worked, VII. CONDITIONS A, Records The Department and the Agency agree to maintain books, records and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices. Page 7 of 12 Master Document Revised 09/01/06 CONTRACT # WS374 The Department and the Agency agree to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119 of the Florida Statutes, and made or received by the Agency in conjunction with this Contract. It is expressly understood that substantial evidence of either the Department's or the Agency's refusal to comply with this provision shall constitute a breach of Contract. B. Annual Aooropriation The Department's performance under this Contract is contingent upon an annual appropriation by the legislature. It is also contingent upon receipt of cash payments as outlined in Addendum A and in Section Ill, Compensation. C. Disputes Any dispute conceming performance of the Contract shall be resolved informally by the ,Contract Manager. Any dispute that can not be resolved informally shall be reduced to writing and delivered to the Assistant Secretary of Institutions. The Assistant Secretary of Institutions, shall decide the dispute, reduce the decision to writing, and deliver a copy to the Agency with a copy to the Contract Administrator and Contract Manager. D. Force Maieure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, civil, or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, strikes, labor disputes, shortages of suitable parts, materials, labor, or transportation to the extent such events are beyond the reasonable control of the party claiming excuse from liability resulting therefrom, E, Severabilitv The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions hereof and this Contract shall be construed in all respects as. if such invalid or unenforceable provision was omitted, F , Verbal Instructions No negotiations, decisions, or actions shall be initiated or executed by the Agency as a result of any discussions with any Department employee. Only those communications which are in writing from the Department's administrative or project staff identified in Section IV, Contract Management, of this Contract shall be considered as a duly authorized expression on behalf of the Department. Only communications from the Agency that are signed and in writing will be recognized by the Department as duly authorized expressions on behalf of the Agency. G, No Third Party Beneficiaries Except as otherwise expressly provided herein, neither this Contract, nor any amendment, addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto. Page 8 of12 Master Document Revised 09/01/06 CONTRACT # WS374 Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the tenns of this Contract. This Contract will be governed by and construed in accordance with the laws of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida. This Contract and Addendum A contain all of the tenns and conditions agreed upon by the parties. rN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. AGENCY: ST. LUCIE COUNTY ENVIRONMENTAL RESOURCES SIGNED BY: _..~ r'\ NAME: -. ( . a ".. TITLE: u a .J1 DATE: - , - 5q ·(r;ð 00 ~~5 FEID #: DEPARTMENT OF CORRECTIONS SIGNED BY: SIGNED BY: ¡Îho-rJ ~(ÚG>~ DATE: Secretary Department of Corrections / J- Jl, III TITLE: Rosa H. Carson 4M\ General Counsel Department of Corrections NAME: NAME: TITLE: DATE: //., v2/'¿;h Page 9 of12 Master Document Revised 09101/06 II) G) t:! ::I o ... II) ~:g ~ ~ ËO oOii J!N...:s C a GI C G)1t)D....;! 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"C G) UI 'S; æ <C E :::J "C c Q) "C ~ :> c o ; U GI f/J '" ITEM NO. ~ '1 ß DATE: March 13, 2007 AGENDA REQUEST REGULAR [] PUBLIC HEARING [ ] CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Environmental Resources Department PRESENTED BY: . .~ :/~L~~ Vart'essa Bessey Environmental Resources Direc or SUBJECT: Staff requests approval of the Second Amendment to the contract (C06-10-557) with RTP Environmental Associates, Inc., to increase the contract amount by $4,000 bringing the total to $36,150 and to extend the time of performance to March 31, 2007 to provide additional Air Quality Specialist Services to review documents and attend public workshops pertaining to a PlasmaArc Facility in St. Lucie County BACKGROUND: NA FUNDS AVAIL.: Additional funds will be made available in 401-3410-531000-3923 - Solid Waste Professional Services- Plasma Arc. PREVIOUS ACTION: On October 3,2006 the Board authorized the chair to sign the agreement with RTP Environmental Associates, Inc., to provide Air Quality Specialist Services to review documents pertaining to a PlasmaArc Facility in St. Lucie County. On January 8, 2007 the Board approved the First Amendment to the contract (C06-10-557) with RTP Environmental Associates, Inc., to increase the contract amount by $20,000. RECOMMENDATION: Staff recommends that the Board approve the Second Amendment to the contract (C06-10-557) with RTP Environmental Associates, Inc., to increase the contract amount by $4,000 bringing the total to $36,150 and to extend the time of performance to March 31, 2007 and authorize the chair to sign the agreement as prepared by the County Attorney's office. COMMISSION ACTION: CONCU E: [~ APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 DOli S M. Anderson County Administrator [xjCounty Attorney [x jOriginating Dept [ j Finance ('ì . /; IJ'~ ~ /..;:' e',ro',,",:¡m ~_ [XjMgt, & Budget [XjPurchasing -- [XjSolid Waste ~ [ ]Fiscal Coord, .. , I EnvirDnmental ResDurces Department MEMORANDUM BOCC Vanessa Bessey. Environmental Resources Directo~ TO: FROM: Date: March 13, 2007 Agenda Request Staff requests approval of the Second Amendment to the contract (C06-10-557) with RTP Environmental Associates, Inc., to increase the contract amount by $4,000 bringing the total to $36,150 and to extend the time of performance to March 31, 2007 to provide additional Air Quality Specialist Services to review documents and attend public workshops pertaining to a PlasmaArc Facility in St. Lucie County Subject: <-~ =- _...~ "--";:;:;.~....:;c~~"",~~~;"~mm ::'»-> _."ow_...."..... _ Staff recommends that the Board approve the Second Amendment to the contract (C06-10-557) with RTP Environmental Associates, Inc., to increase the contract amount by $4,000 bringing the total to $36,150 and to extend the time of performance to March 31, 2007 and authorize the chair to sign the agreement as prepared by the County Attorney's office. Additional funds will be made available in 401-3410-531000-3923 - Solid Waste Professional Services - Plasma Arc. cc: Leo Cordeiro, Solid Waste Director ,. , . SECOND AMENDMENT TO OCTOBER 3, 2006 AGREEMENT BETWEEN ST. LUCIE COUNTY AND RTP ENVIRONMENTAL ASSOCIATES, INC. TIDS FIRST AMENDMENT is dated this day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and RTP ENVIRONMENTAL ASSOCIATES, INC., a Florida corporation (the "Contractor"). WHEREAS, on October 6,2006, the parties entered into an Agreement, hereinafter referred to as the "Agreement," wherein the Contractor agreed to provide professional services to address health, safety, environmental, permitting and documentation issues regarding air quality; and, WHEREAS, on January 16,2007, the parties entered into a First Amendment to the Agreement to modify the scope of work to be provided by the Contractor and the compensation; and, WHEREAS, the parties desire to amend the Agreement to increase the term; and, WHEREAS, the parties desire to amend the Agreement to increase the compensation of the Agreement by four thousand 00/100 dollars ($4,000.00). NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 2 of the Agreement shall be amended to read as follows: 4, TERlv-I/TIME OF PERFORMANCE The term of this Agreement, as amended, shall be from October 3,2006 up to and including March 31, 2007. Either party may terminate this Agreement with or without cause upon thirty (30) days prior written notice to the other party. In the event of early termination, all payments shall be prorated and paid to each party as appropriate on the date of termination. 2. Paragraph 5 of the Agreement shall be amended to read as follows: 5. CONTRACT PAYMENT The County shall pay the Consultant up to thirty-six thousand one hundred fifty dollars and 001100 ($36,150.00) for the performance of this Agreement and completion of the services in accordance with the Agreement documents, subject to adjustment by change order. 1 " AGENDA REQUEST ITEM NO. c=8 A DATE: March 13,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: · Approve the purchase and installation of a new metal building at the Savanna Campground in the amount of $3,060.00 to replace the vending shed that was destroyed by Hurricane Jeanne · Approve Equipment Request #CSEQ07-313 · Remove the vending shed that was located at the Savanna Campground from the Capital Assets BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 001-1930-564000-JE020C (Machinery & Equipment) Hurricane Jeanne-Savanna Campground Vending Shed PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of a new metal building (vending shed) in the amount of $3,060.00, for the Savanna Campground and approve Equipment Request #CSEQ07-313. Staff further recommends the Board approve removing the vending shed that w'as destroyed by the hurricane from Capital Assets. MISSION ACTION: &c] APPROVED [] DENIED r -] OTHER: Approved 5-0 E: County Attorney: Originating D~\O /ttl ~ Mgt. & Budget: Do 9 Anderson County Administrator ePmfiã'Siõðm.: ~~~ Other: Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H: \AGENDA\AGENDA-185 SAVANNA VENDING SHED.DOC II , MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: March 13, 2007 SUBJECT: -Approve the purchase and installation of a new metal building at the Savanna Campground in the amount of $3,060.00 to replace the vending shed that was destroyed by Hurricane Jeanne -Approve Equipment Request #CSEQ07-313 -Remove the vending shed that was located at the Savanna Campground from the Capital Assets ****************************************************************************** BACKGROUND: On September 25, 2004, high winds from Hurricane Jeanne caused extensive damage to the existing vending shed, destroying the building and its contents. This structure was used for the ice chest and vending machines. Staff is requesting approval to purchase and install a new 10' x 12' metal building in the amount of$3,060 to replace the vending shed that was destroyed at the Savanna Campground. Staff further recommends the Board approve removing the destroyed vending shed from the Capital Assets. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of a new metal building (vending shed) in the amount of $3,060.00, for the Savanna Campground and approve Equipment Request #CSEQ07 -313. Staff further recommends the Board approve removing the vending shed that was destroyed by the hurricane from Capital Assets. " \ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENï REQUEST FOR FISCAL YEAR 2006-2007 Agenda Date: March 13, 2007 DEPARTMENT: DIVISION: CENTRAL SERVICES ADMINISTRATION RECOMMENDED: YES APPROVED: YES NO NO REVISED REVISED Central Services needs to purchase a 10' x 12' shed for the Savannas Campground. This will be used as a vending shed for the soda and ice machines. The original vending shed was destroyed during Hurricane Jeanne, EQUIPMENT REQ#: EQ07-313 ACCOUNT#: 001-1930-564000-J E020C i' AGENDA REQUEST ITEM NO. c-8 B DATE: March 13,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: . Approval to purchase two (2) 4500 TouchlProx Kronos Time Clocks for a combined cost of $8,060.00 ($4,100.00 each) . Approve Equipment Requests #CSEQ07-314 & #CSEQ07-315 BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 107-712-564000-1645 (Machinery & Equipment) PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of two (2) 4500 TouchlProx Kronos Time Clocks for Central Services at a cost of $8,060.00 ($4,100.00 each) and approve Equipment Requests #CSEQ07-314 & #/ EQ07-315. -' MISSION ACTION: bel APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do nderson County Administrator County Attorn: 'J 0" t· ~D- ~ ^ I l nglna Ing . \ Jl \A..- Finance: (Check for Copy only, if Applicable) Mgt. & Budget: Other: 'I.~Æ~~·: \.~ - Other: Eff, 1/97 H:\AGENDA\AGENDA-187 REALLOCATE FUNDS FOR KRONOS CLOCKS.DOC !;- MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: March 13,2007 SUBJECT: . Approval to purchase two (2) 4500 TouchIProx Kronos Time Clocks for a combined cost of $8,060.00 ($4,100.00 each) . Approve Equipment Requests #CSEQ07-314 & #CSEQ07-315 ****************************************************************************** BACKGROUND: FY 06-07 Funds were budgeted in machinery & equipment to purchase a sweeper for the parking garage located in downtown Ft. Pierce. A smaller sweeper has become available from the Civic Center and is suitable to use at the garage so we will not need to purchase a new one. Staff is seeking approval to use these available funds for the purchase of two (2) 4500 TouchIProx Kronos Time Clocks for Central Services Employees located at the Walton Road Annex Building and the Service Garage. Neither of these locations have a time clock and we would like to put our employees on the same system that the rest of our department is on in order for our payroll to be done efficiently. The cost to purchase two (2) 4500 TouchIProx Kronos Time Clocks is $8,060.00 ($4,100.00 each), and staff is seeking approval on Equipment Requests #CSEQ07-314 & #CSEQ07-315 RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of two (2) 4500 TouchlProx Kronos Time Clocks for Central Services at a cost of $8,060.00 ($4,100.00 each) and approve Equipment Requests #CSEQ07-314 & #CSEQ07-315. , ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 Agenda Date: March 13, 2007 DEPARTMENT: DIVISION: CENTRAL SERVICES ADMINISTRATION RECOMMENDED: YES APPROVED: YES NO NO REVISED REVISED JUSTIFICATION: Central Services is on the Kronos Time Clock System that uses our Ld. badge. We now have employees that work at the Walton Road Annex Building. This building does not have a time clock. Our employees need to be put on this system in order for our payroll to be done correctly. 1 OF 2. EQUIPMENT REQ#: EQ07-314 ACCOUNT#: 107-712-564000-1645 ,. ~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 Agenda Date: March 13,2007 DEPARTMENT: DIVISION: CENTRAL SERVICES ADMINISTRATION RECOMMENDED: YES APPROVED: YES NO NO REVISED REVISED JUSTIFICATION: Central Services is on the Kronos Time Clock System that uses our i.d, badge. Our Service Garage employees are using the old type time clock located at Mosquito Control. We would like to put these employees on the same system that the rest of our department is on. 2 of 2. EQUIPMENT REQ#: EQ07-315 ACCOUNT#: 107-712-564000-1645 \ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA A VENUE FORT PIERCE, FL. 34982 IT Quote Phone: (772) 462-1681 , Fax: (772) 462-1443 Date Quote # 2/8/2007 1420 Name/Address CENTRAL SERVICES QUOTE VALID UNTIL W.O.# REQUESTOR 3/8/2007 86048 Kimberly Gagnon Description Qty Rate Total 4500 TouchIProx Time Clock 2 3,595.00 7,190.00 Battery Backup for Clock 2 200,00 400.00 Annual Kronos Time Clock Maintenance 2 235.00 470.00 VENDOR INFORMATION: KRONOS INe. 297 Billerica Road Chelmsford, MA 01824 - The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $8,060.00 stated. AUTHORIZED SIGNATURE ~,:) \ \~) þO AGENDA REQUEST ITEM NO. c-9A DATE: March 13,2007 ~ ":_~;X'-i:':,,' ;>:<;' " ni;-:~ -\,-;:p;,;,\:'~-'j_~:~};::}~·~FF;f,~-;:;(~~_,,:::;¡-?'(r:2;/~+-?:5~._)f?,~~¥(/__~>"i"':~:; 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: Approve Bid Waiver for Santana/Comtec Industries, Inc. in the amount not to exceed $50,000.00 and authorization to piggyback the Brevard County School Board contract with Santana/Comtec, Contract #04-029/BM, for restroom renovation at S. County Annex and Lakewood Park Library. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001-1931-546200-150067 (Maintenance Improvement Projects) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Bid Waiver for Santana/Comtec Industries, Inc. in the amount not to exceed $50,000.00 and authorization to piggyback the Brevard County School Board contract with Santana/Comtec, Contract #04-029/BM, for restroom renovation at S. County Annex and Lakewood Park Library, and authorize the Chair to sign the contract as prepared by the County Attorney. MISSION ACTION: [)( APPROVED [] DENIED [ ] OTHER: Approved 5-0 E: \J, / -{/ 1/ '< County Attorney: ¡-' Originating D-;;-t)~\~~ u Anderson County Administrator Coordination/Signatures Mgt. & Budget: Purchasing Mgr.: ~/ 1/' Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\AGENDA\AGENDA-186 PIGGY-BACK COMTEC CONTRACT-BATHROOMS.DOC . \ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: March 13, 2007 SUBJECT: Approve Bid Waiver for Santana/Comtec Industries, Inc. in the amount not to exceed $50,000.00 and authorization to piggyback the Brevard County School Board contract with Santana/Comtec, Contract #04-029/BM, for restroom renovation at South County Annex and Lakewood Park Library. ****************************************************************************** BACKGROUND: Restrooms located in two buildings that Central Services staff oversees and maintains are in need of renovation, they are: . South County Annexx-1st floor & 2nd floor (Project cost @ $17,667.50.) . Lakewood Park Library FY 06-07 IFF funds have been budgeted for the South County Annex restrooms, and we anticipate additional FY 06-07 IFF funds becoming available for the Lakewood Park Library restroom project later this year with several other projects being completed under budget, and will seek the Boards approval to reallocate these additional funds at that time. Currently, Santana/Comtec has an Annual Contract (#04-029/BM) with the Brevard County School Board and has agreed to allow St. Lucie County to piggyback off this contract, their prices for material and installation are very competitive and offer a quality product. Therefore, staff is requesting approval to piggyback this contract to accomplish the above mentioned pròjects with Santana/Comtec Industries, Inc. in the amount not exceed $50,000.00 rater than going out to bid for a new contract. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Bid Waiver for Santana/Comtec Industries, Inc. in the amount not to exceed $50,000.00 and authorization to piggyback the Brevard County School Board contract with Santana/Comtec, Contract #04-029/BM, for restroom renovation at S. County Annex and Lakewood Park Library, and authorize the Chair to sign the contract as prepared by the County Attorney. ~ 02-19-/07 13:15 FROM- T-311 P0Ø4/Ø0S F-603 , . cfttlllf bPJfe & ·lIcf.fpðlå te.r. hrð, QUOTATION FAX MEMO (863) 646-6446 FAX (863) 646-4359 P.O. Box 5858 Lakeland, Florida 33807 -5858 CSTAMBONE@aol.com Manufacturer's Representative DATE: February 19,2007 TO: st. Lucie County Florida - Attn: Mr. Gerald "Jerry" Flynn FROM: Carmen Stambone RE: Santana/Comtec Industries, Inc. - Quotations #711739 & #711740 Project: South County Annex - 1 st Floor & 2nd Floor Port St. Lucie, FL. Please find the enclosed quotation for your project. This price is based on the Annual Contract that Santana/Comtec has with the Brevard County School Board. The price includes materials delivered. We have included separate adds for installation and/or ' demolition at the bottom of each quote. If you choose to accept this proposal please make your Purchase Order out to Comtec Industries, Inc., include a total dollar amount, color. bill to address and a ship to address. If you have any questions. please do not hesitate to call. Thank you for your interest in our products. Enclosures cc: File LAZA I ^ "r-I ^... Ir"\ rt """-!""""!I I f"""- It t""\nn-i'.... 6957 OLD HVvY. 3ì 0 SHEPHERD P 0 LJ'\t'L:U\I\lU, rLUMILlI-\ 0JO I I '. aZ-19-'0713:15 FROM- T-311 P0Ø5/008 F-603 ... ." t':~.,~.'A ~'~: 'Q ~!-:{. ,£~, C..~,.'C' A P' 1.1'0 ~ . ,:rf{~:ai. ...,A~êf.,·¡,ri*".... ..&'."6.. ' QuOTATION NO. CVSTO~1XRl'iIO. l"AGE 711139 COOOÓOOOO7593 ] of 1 . , 6()() WinMli! Åwsue. Scn~tan. PA 1850S - (BOO) 44S-S148 - F~: (800) 551-6993 QUOTATION - , , . QUOTE DATI!: SALESPERSON TAKEOFF 02118107 Stambone & AlISocill1" -:p F~ . " IPROJ'ßC1' NAME 80ùTB COUNTY ~NEX JST FLOOR PRO:rtc't LOCAT[()N FOIl! PŒRCE. FL SCMNTON ~ömÞct$ Çp~'Ir t"tI .~ut ~~ S OLD TO ST. LUctt ~Þ~""+rr FORT,pœrÜ::B ftL. USA' [EM SUMMARY øiJët Co'IPpartments: riiulfl S~í'e~D!i: endtës: ª 1 ,- Þr¡~.~y Sereen..: Sh'ower Sèllts: Showel'!t: Dressing Compi: Vaaities: ! [i.šc 'Pm SåJ«,s Item· . ', . PECIFICA'tIONS [ounting Style:. CO~TRACT #04-02~IBM .. '--A :recns : Floor Mounted Overhèoo Floc... Mounted OH Ðra~ CoJitinuollS Plastic PJaldi~ Hinge Typ¡,; Heat Sine: Fasteners: Latch I Strike: 8" Alúminum Wrap~Around Yçs 1 112" TolX Aluminum ra:çket Type: ilastet Shòe: , ' Total Weight ¡Total Estimate . ]~4S3 Ibs . $ 6,8'92.751 **** ALT. ADD FOR INSTALLATION: $1905.00 rotes: ~ a.re vatid Cor 90 days from the date Of the quote and for dlipme:ll( within 270 days, othc1wbc, it ~ subject to c,cal l'tion in price. Thig II()~Q\) 'Î:i based OD San1aJ 11 _ Comtec _ Capitol'tJ inte1pni'Ûl.tÏoa. ohh; information received. Confi.n'nation of the speci:fic8tiDnS and lIantities is ultimately tbr: tcspo1\Úbí1ity oftb.c;c:u:¡tod1er and NOT SANTANA· c;œdTEC . CAPITOL Spetial packagitlg by T\)Dm a.nd/or floOrÎ$ IIvailàb}c upoD request at ø.n additional charge, Q~ted. price¡ do {lol include an)' 5tatc !1Úd 1()Cø.l taxes. Froight angwed·unl~~. otheMIH nöted. BY: Ed Smichowski ~- . 02-19-/07 13:16 FROM- T-311 P006/008 F-603 Brevard County Price sheet - Contract #04-029/BM Qty. Description Unit Price Subtotal Price Unit Wgt Subtotal wgt 65" Panel $ 226.00 $ 115 0 7 60" to 72" panel $ 266.00 $ 1,862.00 145 1015 6 24" Door S 109.00 $ 654.00 50 300 2 32" Door $ 138.00 $ 276.00 67 134 5 3" to 6" Pilaster $ 66.00 $ 280.00 19 95 7" Pilaster $ 61.00 $ 22 0 2 8" Pilaster $ 67.00 $ 134.00 25 50 9" Pilaster $ 73.00 $ 28 0 10· Pilaster $ 79.00 $ 31 0 11· Pilaster S 85.00 $ 34 0 4 12" Pila5ter $ 91.00 $ 364.00 37 148 16" Pilaster $ 116.00 $ 50 0 2 20" Pilaster S 139.00 $ 278.00 65 130 19 Plastic Cont, W¡;¡II Brld. 54" $ 10.00 $ 190.00 3 57 2 Plastic Cant. Wall BrId. 40" $ 9.00 $ 18.00 2 4 8 Hinge Set 8" S 23.00 $ 184.00 1 6 B Strikes 6" $ 6.00 $ 48.00 0 B Latches $ 6.00 $ 48.00 0 B Coat Hooks $ 3.00 $ 24.00 0 13 Headrail Brackets $ 4.00 $ 52.00 0 SOO Sex BoltslTorx =screw sets S 0.25 $ 125.00 0 52 Headrail (per I.f.) $ 4.00 $ 208.00 2 104 275 # 14 screws $ 0.13 $ 35.75 0 176 Sight Screen (per sq ft) $ 12.00 $ 2,112.00 8 1408 Total Delivered $ 6.892.75 Total wgt 3453 Job: South county Annex - 1st Floor -. 02-19-/07 13:16 FROM- T-311 P007/008 F-603 CUSTOM'...ERNO. ];J' PAGE COOOOÓOOO7S93 lof 1 , ' . . . QUOTATION QUOTATION NO. 111140 ~: A' Fir ;r'A..N ¡:.~,~: ~~ '¡ýï.":(. .S. ~ ~ 'C' ~ p' I T'O: L. . , , , TI:«"'i~, .~"¡t'D'à\'I'~a.iV. iUi'D', , iíoìnVinfil1ld AveiLmi. ~'o., ~A J8~05 - (800) 44s.:5148· FAX:' (800) S~I·6993 SOLD TO QtJO'œDATE SALEs,.~RSQN TAKE OFF 02/18/07 Swnbol1ð & A8$OCi~s . P Fax " . PROJECT NAME SOUTH COUNTY ANNEX SECOND FL ... . .~ PROJECT LOCA TJON FORT PIERCE. FL ~...AANTOJt t~U."Ji)~·~ ~~ '~ð u.. ~ 1~¡'¡' ST. LUCIE c.cøù¡.t~ FORT PIERCE FL USA rEM suMMAliV oilet ColftpartmélÍtS: B dlUl! Sc:reen~: ! cncbe.s: Privacy Screens: Shower Seats: Sb.owen: Dressing Camps: VanilAes: . 1 lisc Part Sales Item' PECTFICA TIoNS [ounång Styl~: :reens: mcket Type: ¡tastc:r Shoe: CONTRACT '#t)4.0Z91BM .' . Floor Mounted OVerhead Floor Mounted OH Brace Continuous Plastic Plastic Hinge Type: Heat Sine: Fastime:rs: Latch I Strike: 8" AtumïnOtn Wrap-Around Yes 1 1/2" Torx Aluminum Tðta1 Weight ITotal.Estimate **** ALT. ADD FOR INSTALLATION: $1905.00 . ],493lbS $ 6,964.151 ~ta!j: riccs He:: YoIlid for 90 days from Ihe dare of ÛIc quole and for shipment ~iibin 270 d~s, otbenvi.s~. it is subject to escalation in price. This \)UÞOD. i~ based øn Sannma _ Comtcc - CapitDI's i:nlctprctalion OCthC5 ÏnfummtiDD :rc"ived. CoDfirmation of1.bc 3pccjflcations and mliries is ullÌm8tcly ~ rC9POJUibi1ìl)l of tbe customer aDd NOT SANTANA - COMTEC - CAPITOL. pcc:ial pllc:kagmg by room and/or fioor is available upon request at an aðditiooal charge. :uoœd prices dO,i\ot include any state 11M ]åcal taxes. relght allowed unless otherwise 'noted. :BY: Ed Snùcbowski .. Ø2-19-'07 13:16 FROM- T-311 P008/008 F-603 Brevard County Price Sheet - Contract #04-029/BM Qly. D ascription Unit Price Subtotal Price Unit Wgt Subtotal wgt 5SM Panel $ 226.00 $ 115 0 7 60M to 72" panel $ 266.00 $ 1.862.00 145 1016 S 24" Door $ 109.00 $ 654.00 50 300 2 32" Door $ 138.00 $ 276.00 67 134 5 3- to 6M Pilaster $ 56.00 $ 280.00 19 95 7" Pilaster $ 61.00 $ 22 0 1 8" Pilaster $ 67.00 $ 67.00 25 25 9" Pilaster $ 13.00 $ 28 0 10' Pllester $ 79.00 $ 31 0 11· Pilaster $ 85.00 $ 34 0 4 12" Pilaster $ 91.00 $ 364.00 37 148 16" Pilaster $ 116.00 $ 50 0 3 20" Pilaster $ 139.00 $ 417.00 85 195 19 Plastic Cont. Wall Brkt. 54" $ 10.00 $ 190.00 3 57 2 Plastic Cant. Wall Brkt. 40" $ 9.00 $ 18.00 2 4 6 Hinge Set B" $ 23.00 $' 184.00 1 B 8 Strikes 6" $ 6.00 $ 48.00 0 8 Latches S 6.00 $ 48.00 0 8 Coat Hooks $ 3.00 $ 24.00 0 13 Headrail Brackets $ 4.00 $ 52.00 0 500 Sex BoltsfTonc screw sets $ 0.25 $ 125.00 0 52 Headrail (per I,f.) $ 4.00 $ 206,00 2 104 275 # 14 6Cr8W$ $ 0.13 $ 35.75 0 176 Sight Screen (per sQ ft) $ 12.00 $ 2.112.00 8 1406 Total Delivered s 8.964.75 T otßl wgt 3493 JOb: South county Annex - 2nd Floor AGENDA REQUEST ITEM NO. c-9 B ~"~ DATE: March 13,2007 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: Wind Chill Mechanical-Concourse Rooftop AlC Unit Replacement Change Order No.2 to #C06-08-495 BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316_1931-546200-1525-Civic Center Maintenance Projects PREVIOUS ACTION: On December 19, 2006, Item No. c-13B, the Board approved Change Order No.1 to #C06-08-495 to increase contract time for a completion date of March 7, 2007. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.2 to #C06-08-495, Wind Chill Mechanical, to increase the contract time sixty (60) days, for a completion date of May 6, 2007, and authorize the Chair to sign the Change Order as prepared by the County Attorney. MISSION ACTION: [')(J APPROVED [] DENIED [ ] OTHER: Approved 5-0 Doug n rson County Administrator Coordination/Signatures CO,u~~ Attorne~~ ~ Ongmatmg Dept: Mgt. & Budget: Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\AGENDA\AGENDA-1BB WINDCHILL CO-2.DOC MEMORANDUM DEP ARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: March 13,2007 SUBJECT: Wind Chill Mechanical-Concourse Rooftop AlC Unit Replacement Change Order No.2 to #C06-08-495 ****************************************************************************** BACKGROUND: On August 1,2006, the Board approved Contract #C06-08-495 between St. Lucie County and Wind Chill Mechanical for the Concourse Rooftop AlC Unit Replacement proj ect. Staff is requesting to extend the contract with Wind Chill Mechanical an additional sixty (60) days to enable them to perform a test and balance to the section of the concourse currently being renovated to office space. The renovation work needs to be completed before this testing can be done. This sixty-day extension, through Change Order No.2, will change the date of completion to May 6, 2007. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.2 to #C06-08-495, Wind Chill Mechanical, to increase the contract time sixty (60) days, for a completion date of May 6, 2007, and authorize the Chair to sign the Change Order as prepared by the County Attorney. AGENDA REQUEST ITEM NO. C10-A DATE: March 13, 2007 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/ Disaster Recovery PRESENTED BY: Ken Justice, Grants Writer SUBJECT: Authorize the preparation of a grant application by County staff to be submitted by the City of Fort pierce to apply for a grant in the amount of $200,000 from the Florida Department of Environmental Protection Recreational Trails Program. Grant funds, to be matched 1:1 by St. Lucie County, will be utilized to construct and renovate pedestrian trails and bridges at the Savannas Recreation Area. The proposed trail will eventually connect with a system of trails in the Savannas Preserve State Park. BACKGROUND: The Savannas Recreation Area is owned by the City of Fort pierce and managed by St. Lucie County under a long-term agreement, beginning May 12, 1992, up to and including May 12, 2027. As the managing entity, the County is preparing the grant application for $200,000, which must be submitted by the City as owner of the property. The Savannas Recreation Area encompasses 550 acres and five distinct biological communities. The Savannas provides a wilderness area globally unique with immense opportunities for recreational activities, including camping, bird watching, boating, fishing, and nature trails. The proposed recommendations are aligned with the Savannas Recreation Area Master Plan, which identifies the need for more pedestrian trails and pathways. If the grant application is approved for funding, an interlocal agreement between the City of Fort pierce and St. Lucie County will be developed which will govern the management of the grant and the expenditure of grant funds. FUNDS AVAILABLE: A minimum 50:50 match is required. The County's 50% match of $200,000 is in the proposed budget for 2007 - 2008 (Capital: #316-7220-563000-7650). If the 50% match is not approved in the proposed 2007-2008 budget, the grant application will be withdrawn. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application to the Florida Department of Environmental Protection - Recreational Trails Program and the match of $200,000 to be proposed in the 2007-2008 budget. COMMISSION ACTION: NCE: Review and Approvals County Attorney: 'f Originating Dept: Finance: _ D 91 M. Anderson County Administrator Manage~e~t 3J. BUdget:~{O (\~ Other: ]!;J{- (Check for Copy only, if applicable) jAPPROVED 0 DENIED o OTHER: Approved 5-0 Purchasing: _ Other: _ Effective: 5/96 \' AGENDA REQUEST ITEM NO. C1 0-8 DATE: March 21, 2006 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/Disaster Recovery PRESENTED BY: Bill Hoeffner Director SUBJECT: Authorize the submittal of the Emergency Medical Services Grant to the Florida Department of Health for funding of $95,257. Also approve Resolution 07-086 which is required for the grant application. BACKGROUND: The St. Lucie County Fire District intends to submit an application for the annual EMS Grant offered by the Bureau of Emergency Medical Service of the Florida Department of Health. The application will be for $95,257 to be utilized for pre-hospital EMS system. Section 4 of the application requires a resolution from the Board of County Commissioners certifying the EMS County Grant funds will not be used to supplant existing County EMS budget allocations. FUNDS AVAIL. : The budget for this grant is located in Account 104-2610-581060-2950 - Fire District. PREVIOUS ACTION: NA RECOMMENDATION: Staff recommends the Board authorize the submittal of the grant application to the Bureau of Emergency Medical Services, the approval of the attached Resolution 07-086, and the acceptance of the grant if awarded. [ ~] APPROVED [ ] OTHER: Approved 5-0 DENIED COMMISSION ACTION: County Attorney: Originating Dept: Q; 1;.- ~/<..., ~1?7/ Mgt & Budget: Public Works: Purchasing: Other: RESOLUTION NO. 07-086 A RESOLUTION APPROVING THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES, 2006-07 EMERGENCY MEDICAL SERVICES COUNTY GRANT APPLICATION AND AUTHORIZING THE CHAIRMAN TO EXECUTE AND SUBMIT THE APPLICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 401.345, Florida Statutes, the State of Florida has established an Emergency Medical Services Trust Fund consisting in part of a portion of each fine for every municipal and county moving violation and driving under the influence conviction. 2. Under Section 401.113, Florida Statutes, a portion of the funds deposited into the Emergency Medical Services Trust Fund by St. Lucie County from July 1, 2006 through and including June 30, 2007, and remaining funds from the 2006-2007 award, plus any interest earned will be used to fund pre-hospital emergency medical services in St. Lucie County. 3. The Board of County Commissioners may disburse funds dispensed to the County under Section 401.113, Florida Statutes, to the St. Lucie County Fire District as a licensed emergency service provider operating in St. Lucie County. 4. The St. Lucie County Fire District has certified that the request is for an improvement or expansion of its pre-hospital emergency medical services. 5. Prior to any disbursements of funds from the Emergency Medical Trust Fund, the St. Lucie County Fire District will extend the Interlocal Agreement with St. Lucie County to ensure that the request will be funded and permitting the County to audit the use of funds disbursed under the grant. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The attached Application for Funding County Emergency Medical Services (EMS) Award is incorporated herein and made a part thereof. 2. The Board of County Commissioners certifies that the attached application is for an improvement or expansion of the pre-hospital emergency medical services system in St. Lucie County and that the funds requested will not be used to supplant the existing County emergency medical services budget allocation. 3. The St. Lucie County Fire District Fire Administrative Officer is hereby designated the" Authorized Contact Person" pursuant to the requirements of the Application. 4. The Chairman of the Board of County Commissioners is authorized to submit the application and a copy of this resolution to the Department of Health, Bureau of Office of Emergency Medical Services. After motion and second, the vote on this Resolution was as follows: Commissioner Chris Craft, Chairman X Commissioner Joseph E. Smith, Vice Chairman X Commissioner Doug Coward X Commissioner Paula A. Lewis X Commissioner Charles Grande X PASSED AND DULY ADOPTED this 13th day of March 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney EMS COUNTY GRANT ApPLlCA TION FLORIDA DEPARTMENT OF HEAL TH Bureau of Emergency Medical Services Complete all items ID. Code The State Bureau of EMS will assi n the ID Code - leave this blank C 1. County Name: 81. Lucie Business Address:2300 Virginia Avenue Ft. Pierce, Florida 34982 Telephone: (772) 462-1400 Federal Tax ID Number (Nine Diqit Number). VF 5 9 6 0 0 0 8 3 5 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the County shall comply fully with the conditions outlined in the Florida EMS County Grant Application. Siqnature: Date: Printed Name: Position Title: Chair, sacc 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and has responsibility for the implementation of the grant activities. This person is authorized to sign project reports and may request project changes, The signer and the contact person may be the same.) Name: Brian K. Blizzard Position Title: Battalion Chief Address: 5160 NW Miiner Drive Pori SI. Lucie, FI. 34983 Telephone: (772) 621-3336 I Fax Number: (772) 621-3596 E-mail Address: bblizzard@slcfd.org 4. Resolution: Attach a current resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre-hospital EMS system and will not be used to supplant current levels of county expenditures. 5. Budget: Complete a budget page(s) for each organization to which you shall provide funds, List the organization(s) below. (Use additional pages if necessary) 81. Lucie County Fire District DH Form 1684, Rev. June 2002 3 BUDGET PAGE For each position title, provide the amount of salary per hour, FICA per hour, other fringe benefits, and the total. number of hours. Amount N/A TOTAL Salaries TOTAL FICA Grand total Salaries and FICA A. Salaries and Benefits: B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excludinq expenditures classified as operatinq capital outlav (see next cateqorv). Listtheitemand,if..applicable,the quantity Amount N/A TOTAL $ C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life of one (1) year or more, List the item and, if applicable, the quantity Amount Vidacare EZ-IO 16,102 Sawzall Tool Kit 11,050 Adult Airway Trainer 2,930 Heartsim Interactive 10,000 Laerdal ALS Baby 1,245 Laerdal Kid 1,990 Wolff Tutor XII 5,700 Zoll Monitor 44,000 FRX AED 2,240 Grand Total $95,257.00 DH Form 1684, Rev. June 2002 2 FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(a), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre-hospital EMS. DOH Remit Payment To: Name of Agency: Mailing Address: Federal Identification number Authorized Official: Signature Date Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399-1738 Do not write below this line. For use by Bureau of Emergency Medical Services personnel only Grant Amount ForState To Pay: $ Grant 10: Code: Approved By Signature of EMS Grant Officer Date State Fiscal Year: - Oroanization Code E,O. OCA Object Code 64-42-10-00-000 CG N2000 750000 Federal Tax 10: VF --------- Grant Beginning Date: October 1, Grant Ending Date: September 30, DH Form 1767P, Rev, June 2002 5 Florida Department of Health, County EMS Grant Proposed Expenditures 2006 - 2007 Project: Vidacare EZ-IO Vendor: Sovereign Medical Cost: $16,102 includes 22 units and training supplies Need: The EZ-IO product system is the best solution for the rapid, secure and safe delivery of intraosseous drugs and fluids when existing methods of vascular access are challenging or impossible. The battery-powered device is used to place a stable port, via the intraosseous route in the tibia, achieving vascular access within seconds, with minimal trauma to the patient. It was developed to meet the stringent needs of first responders and emergency department personnel for dependability, precision and user- friendliness. Project: Milwaukee Sawzall and Power Drill Tool Kit Vendor: The Home Depot Cost: 17 units at $650 for a total of $11 ,050 Need: Departments that perform motor vehicle extrication in the communities they serve provide a valuable service to the people they protect. Emergency medical crews carry the most state-of-the-art equipment and tools available, all in the hopes of trimming valuable seconds off the clock. The sawzall and power drill would allow our Fire District to improve our efficacy in this area. The sawzall affords more adaptability and flexibility to our vehicle extrication practice. While, the power drill will allow us the ability to safely and quickly remove hurricane shutters. This tool kit would certainly compliment our already existing extrication tools and allow us to meet the community's expectations for a safe and efficient operation. Project: Adult Airway Management Trainer Vendor: Boundtree Medical Cost: 2 trainers at $1,465 each for a total of $2,930 Need: Capturing and managing a patient's airway is undoubtedly one ofthe most critical functions that emergency medical technicians and paramedics perform. Realistic practice is the key to developing proficiency in airway management skills. The Airway Management Trainer's lifelike upper torso and head simulates real-world complications when practicing a variety of intubation, ventilation, and suction techniques. The ability to frequently practice and with realistic lifelike anatomy is of tremendous benefit to emergency medical technicians and paramedics. Project: Heartsim Interactive Learning Center Vendor: Boundtree Cost: 1 simulator at $10,000 Need: Simulation training is the type of cutting edge technology that is not only encouraged but promoted by training programs. This type of training offers a variety of scenario and skill assessment opportunities that aren't accomplishable with traditional training manikins. It affords training officers the ability to remain objective and consistent during training modules. Project: Laerdal ALS Baby Vendor: Armstrong Medical Cost: 1 trainer at $1245 each for a total of $1,245 Need: The Advanced Life Support (ALS) baby is a portable skill trainer for realistic infant resuscitation training. ALS baby manikin is an infant with an anatomy that offers exceptional lifelike training for an individual. The ALS baby offers the opportunity to practice advanced resuscitation skills, including airway management, professional rescuer CPR, and vascular access. Considering the infrequency of pediatric calls, this training is necessary for emergency medical technicians and paramedics to maintain the skills needed to treat pediatric emergencies. Project: Laerdal Kid Manikin Vendor: Armstrong Medical Cost: 1 manikin at $1,990 each for a total of$1,990 Need: Noting a need for increased training due to the infrequency of pediatric calls, this training tool is necessary for emergency medical technicians and paramedics to sharpen the skills needed to treat pediatric emergencies. The kid manikin is a training manikin that realistically simulates a child's anatomy and is designed for skill and assessment training. Training includes airway management, intravenous cannulation, and general pediatric patient care. This child is ideal for clinical training in core pediatric skills. The Laerdal kid manikin will allow trainers to deliver education efficiently while targeting key skills specific to pediatric care providers. Project: Wolff Tutor XII 12-Lead Data Vendor: Emergency Medical Products Cost: 3 units at $1,900 for a total of$5,700 Need: The electrocardiogram, when applied in the pre-hospital setting, is essential to the patient with chest pain. The potential benefit for the patient includes both diagnostic and therapeutic issues, including the diagnosis of acute myocardial infarction (AMI) and the indication for thrombolysis. The ability to provide simulated electrocardiograms for training is of great benefit. It allows our paramedics to refresh and sharpen their 12-lead interpretation skills. The current data indicates that an appropriately interpreted pre- hospital 12-lead improve the patient's prognosis as well as door to drug times on arrival at the emergency department. The ability to perform and interpret pre-hospital 12-leads is currently a class I recommendation from the American heart Association. Project: Zoll Monitor Vendor: Zoll Cost: 2 monitors at $22, 000 per unit, total $44,000 Need: We currently have 3 Advanced Life Support (ALS) engines strategically located within our county. The front line engines provide emergency medical advanced life support in the absence of the local rescue vehicle. These engines are especially useful in situations where outlying rescue responses are delayed because of increased run volume. The ALS engines carry equipment similar to that of a rescue vehicle and are staffed with at least one paramedic. It is our goal to staff and supply two additional ALS engines within our county. Zoll monitors are considered one of the most critical pieces of equipment to complete an ALS engine. Project: FRX -Automatic External Defibrillators (AED) Vendor: Phillips Medical Systems Cost: 2 monitors at $1,120 per unit, total $2,240 Need: The Fire District has had resounding success with Automatic External Defibrillators (AED) for many years now. However, some of our current units are no longer going to be serviceable and parts will be discontinued. The new units provide enhanced technology and serviceability. In addition, the American Heart Association supports and encourages the use of the AED in children. The old units do not provide this capability as efficiently as the new units will. Parks and Recreation Department Memorandum To: Board of County Commissioners from: / Linda Barton, Assistant Director It Subject: Approval of Agenda Item #C-ll Date: 3/6/2007 During the FY 06/07 Budget Review, the Board of County Commissioners approved $500,000 for the construction of a Skate Park. After meeting several times, the Skate Park Committee and staff are ready to move forward with the Master Plan and Design documents for the Skate Park that will be located at the Lawnwood Complex. Staff is requesting that the Board of County Commissioners approve Work Authorization No.1 (Contract C06-08-473) in the amount of $66,979.00 with Glatting Jackson Kercher Anglin to complete the St. Lucie Skate Park Master Plan and Design documents. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File WORK AUTHORIZATION NO. 01 CONTRACT C06-08-473 FOR CONTINUING PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES THIS WORK AUTHORIZATION is made as of the _ day of , 2007, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and GLATTING JACKSON KERCHER ANGLIN, hereinafter referred to as the "Consultant". WIT N E SSE T H: WHEREAS, on August 1, 2006, the COUNTY entered into a Consulting Agreement (Contract No. C06-08-473) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional landscape architect services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: S1. Lucie Skate Park Master Plan and Design Documents (hereinafter referred to as "the Project".) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional landscape architect services for the Project under the pricing, terms and conditions of the continuing contract (C06- 08-473). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule Page 1 of 3 attached hereto as Exhibit "A" which are attached hereto and made a part of this work authorization and incorporated herein. 3. CONSTRUCTION COSTS: The construction costs of the Project for which CONSULTANT will render the Professional Services are estimated by the COUNTY not to exceed $1,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 4. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall not exceed a total amount of sixty-six thousand nine hundred seventy-nine and 00/100 dollars (66,979.00), as further detailed in Exhibit "A". 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within the time specified, as further described in Exhibit "A". c. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suffer damages which are not capable of ascertainment or calculation, and therefore the CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of five hundred and 00/100 Dollars ($500.00) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple copies, each of which shall be considered an original as of the date first written above. Page 2 of 3 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ATTEST: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: GLATTING JACKSON KERCHER ANGLIN BY: Print Name: Title: Page 3 of 3 [C GLATTING JACKSON KERCHER ANGLIN Jack F. Glatting, Founder William J, Anglin, Jr David L, Barth Gregory A, Bryla Dan E Burden Frances E. Chandler-Marino Charles P Cobble Jay H. Exum Carey S, Hayo Jay R. Hood Timothy T. Jackson William C. Kercher, Jr. Walter M. Kulash Brent A, Lacy Sharon K. Lamantia Ian M. Lockwood Thomas J, McMacken, Jr John H, Percy Troy p, Russ Peter C, Sechler Donald G, Wishart Geoffrey L. Allen Charles M, Atkins Carrie L. Borha Mike J. Brown Karen T. Campblin Nate L, Clair David R, Claus Todd D. Clements Michael R. Cochran A. Blake Drury Shaun C. Ferguson Douglas V, Gaines John T. Griffin III Michael D, Green Bruce C, Hall John H, Hambley David M. Hoppes Patricia Sepulveda-Hurd George M. Kramer Gail D Lacey Laurence V, Lewis Jane Lim-Yap Wilham D Lites Kok Wan Mah Dan P. Manley Jeffrey F. Manuel Edward J. McKinney Randall S, Mejeur Douglas A. Metzger Balraj N. Mohabeer John J, Moore 11\ Paul J. Moore Jonathan M, Mugmon Karen D, Nelson Kathleen S. O'Sullivan Ca rlos F, Perez Kelley Samuels Peterman Andrea D. Petersen Heather J. Phiel Mary Taylor Raulerson Nancy M. Roberts Tara L. Salmleri Craig A. Shadrix Andrew B. Sheppard Mike P. Sobczak Maxwell D Spann Jeff M. Sugar Paul A. Taylor Ronald L. Urbaniak Gary E. Warner Joseph J. Webb John Paul Weesner Community Plann~n9 & Des~9~ 222 Clematis Street, Suite 200 1.3 West Palm Beach, Florida 33401 P: 561 6596552 F 561 833 1789 www.glattlng.COm Atlanta' Orlando West Palm Beach ST LUCIE COUNTY WORK AUTHORIZATION ST LUCIE SKATE PARK MASTER PLAN AND DESIGN DOCUMENTS DATE: March 5, 2007 PROJECT # 20170.0 PROJECT TITLE: St Lucie Skate Park Master Plan and Design Documents In accordance with the tenns and conditions of the Professional Consulting Services agreement dated August 1 SI 2006, the parties hereto agree to perfonn the work described in Exhibit" A". Attached hereto are: EXHIBIT "A" Scope of Services CONSULTANT APPROVED COUNTY AUTHORIZATION NAME: (PRINT) NAME: (PRINT) SIGNATURE: SIGNATURE: DATE: DATE: 1.0 PROJECT DESCRIPTION 1.1 The proj ect is to provide master planning services and develop construction documents for the St Lucie County Skate Park. It is the County's intention to construct an +/- 18,000 SF skate park on an approximately one (1) acre site adjacent to the special-use facility currently being planned and to share compatible uses, i.e. stonn water retention, parking, and restroom facilities. 1.2 The Client desires to retain Glatting Jackson to achieve the following: A. Develop a Master Plan based on input from the St. Lucie County Skateboard Committee B. Prepare construction documents The Client has an estimated construction budget of $550,000 for the project. Based on the Client's desired recreation program and facilities for the park, the final master plan may have an estimated construction cost that exceeds the established budget. As a result, the master plan may be implemented in phases. For this Letter of Agreement, final construction plans will be for those [C specific elements that can be constructed within the $550,000 budget. 1.4 The design team will include other consultant professionals. Additional subconsultant professionals on the design team working under agreement with Glatting Jackson include: Team Pain (Skate Facility Design) Kiser & Associates (Irrigation) Advance Structural Design (Structural Engineering) Culpepper & Terpening (Civil Engineering) 1.5 Proposed improvements include: Skate elements for a variety of skating styles and skill levels Picnic pavilions (prefabricated) Sidewalk and seating areas Signage Landscaping 2.0 SCOPE OF SERVICES PART I - Conceptual Master Plan 2.1 Existing Data - The Client will provide Glatting Jackson with digital or hard copies of available data for the site, including but not limited to, the site plan for the special needs facility currently being planned by the County, topographic survey data, geotechnical data and existing utilities data. Glatting Jackson shall rely on all information provided by the Client as accurate and correct. Any additional work required due to inaccurate or incorrect data provided by the Client shall be considered an Additional Service to this Agreement. 2.2 Site Analysis and Contextual Review - Glatting Jackson will review the areas surrounding the site to understand potential bicycle, pedestrian and vehicular access, as well as relationships to the surrounding land uses and current uses 2.3 Skate Plaza Committee Meetings - Glatting Jackson will attend two (2) Skate Park Committee meetings with the Client and the Skate Park Committee to develop a shared vision for the project. The purpose of this exercise is to develop an image and development program for the project. At the end of the second meeting, Glatting Jackson and the Client will have prepared a final development program and one (1) schematic master plan based on the Skate Committee's input. 2.4 Final Conceptual Master Plan - Glatting Jackson shall prepare one (1) Final Conceptual Master Plan combining elements from the development program and one (1) schematic master plan from Task 2.3, as well as findings from the site visits and contextual reVIew. Statement of Probable Construction Costs - A statement of probable construction costs will be prepared for the Final Master Plan design with input from each member of the design team [C for costs associated with their part of the work. This will be used for evaluation of project costs relative to the budget established by the Client. 2.5 County Commission Meeting - Glatting Jackson and the Client shall attend one (1) County Commission Meeting to present (in a Power Point presentation) the results from the Skate Park Committee Workshop and the Final Conceptual Master Plan. At the conclusion of the County Commission Meeting, the approved Final Conceptual Master Plan will form the basis for the next phase, Construction Documents. If additional concepts or revisions to the Final Conceptual Master Plan are requested by the Client, they shall be prepared as an Additional Service. Deliverables - As a result of these tasks, Glatting Jackson shall produce the following: . One (1) Final Conceptual Master Plan (30" x 42" color) . One (1) Power Point Presentation on CD Part II - Construction Documents 2.6 Design Development Plans - Based on the approved Final Master Plan, Glatting Jackson and the design team shall develop preliminary construction documents of the proposed improvements and renovations. Preliminary plans shall include the following: Demolition/Site Preparation plans Layout and hardscape construction plans and details Grading and drainage plans and details Utility construction plans and details Landscape and irrigation plans Submittals to the Client will be at sixty percent (60%) and ninety percent (90%) completion intervals for review. With the ninety percent (90%) drawing submittal, Glatting Jackson and the design team will prepare and submit draft technical specifications for pertinent Division 2 through Division 16 sections. The Client will be responsible for Division 1 specifications (front- end documents). 2.7 Statements of Probable Costs - Glatting Jackson and the design team shall submit a Statement of Probable Cost at the Design Development stage and the 60% and 90% stages of completion. Deliverables - As a result of these tasks, Glatting Jackson and the design team shall produce the following at each submittal: Three (3) sets of the Construction Documents Three (3) copies of the Statement of Probable Construction Cost (DD, 60%, 90%) One (1) unbound set of Technical Specifications (90%) 2.8 Design Review - Glatting Jackson and the design team shall meet with the Client to review the plans at each submittal. The Client will prepare a consolidated set ofwrinen review comments that will be discussed at each review. Minor revisions will be incorporated into each subsequent level of documentation. Significant revisions requested by the Client shall be provided as an [C Additional Service. 2.9 Final Construction Documents - Based on the Client's comments from the 90% review meeting, Glatting Jackson and the design team shall prepare final construction documents and technical specifications. 2.10 Final Statement of Probable Costs - Glatting Jackson and the design team shall prepare a final statement of probable construction costs based on the 100% construction documents. De/iverables - As a result of these tasks, Glatting Jackson and the design team shall produce the following: Fifteen (J 5) sets of the Final Construction Plans, including four (4) signed and sealed One (1) unbound set of Technical Specifications (100%) Three (3) copies of the Final Statement of Probable Construction Costs 2.11 Documents Review - Glatting Jackson and the design team shall meet with the Client to review the construction documents and finalize the requirements for bidding. Revisions to the documents, including the cost statement or specifications, if requested by the Client at this meeting, shall be provided as an Additional Service. PART III - Additional Services 2.12 Additional Services - Glatting Jackson will provide Additional Services as mutually agreed upon between Glatting Jackson and the Client. These may include but are not limited to: Construction observation Revise drawings, specifications or other documents when such revisions are: 1. Inconsistent with approval or instructions previously given by the Client, including revisions made necessary by adjustments in the Client's program or project budget 2. Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents 3. Due to changes required as a result of the Client's failure to render decisions in a timely manner Provide services required because of significant changes to the project (e.g. size, quality, complexity, the Client's schedule, method of bidding and negotiating the contracting for construction) Contract administration between Owner and Contractor PART IV - Services Not Provided 2.13 Services Not Provided Recommendation of contractor Construction management As-built documents Any work required by federal, state, or local code to be provided by a licensed professional other than a Landscape Architect is beyond the scope of the work to be perfom1ed by Glatting [C Jackson. Each professional on the design team will sign and seal documents containing the work prepared by them. 3.0 PROJECT SCHEDULE Glatting Jackson will begin work on the project immediately upon receipt of this executed Letter of Agreement. Glatting Jackson, in consultation with the Client, shall perform work in such a manner as to comply with the Client's schedule. 4.0 ASSIGNED PERSONNEL The following personnel from Glatting Jackson will be assigned to this project, and will have the responsibilities described: David 1. Barth Charles Atkins Mike Sobczak Chris Sutton - Principal-In Charge/PrincipalS - Project Manager/Landscape Designer 2 - Urban Designer 5 - Landscape Designer 1 5.0 COMPENSATION 5.1 Parts I and 11- The fee for the work described in Parts I and II shall be a lump sum fee of Sixty Six Thousand Nine Hundred Seventy Nine Dollars ($66,979.00) including direct expenses. The CLIENT shall be billed on a monthly basis as a percent complete of the fees for Parts I and II as follows: Part I - Conceptual Master Plan Part II - Construction Documents Total $7,670.00 $59.310.00 $66,979.00 5.2 Subconsultant Fees - Fees for Sub consultants working on this project under direct contract with Glatting Jackson are included in the fees for each part of the scope of services detailed above. Team Pain (Skate Facility Design) Kiser & Associates (Irrigation) Advance Structural Design (Structural Engineering) Culpepper & Terpening (Civil Engineering) $9,000.00 $2,000.00 $15,000.00 $7,500.00 (allowance) ............- AGENDA REQUEST ITEM NO. C 12 DATE: March 13,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Paul J. Hiott, Director SUBMITTED BY: Veteran Services SUBJECT: Request to approve Budget Amendment # 07-045, Equipment Request #EQ07-316, and the agreement with the United Veterans of St. Lucie County for an interest-free loan from the BOCC General Fund - Contingency. BACKGROUND: Under the County fleet replacement program, the 2001 Chevrolet Express Passenger van, PR # 40-5128, is scheduled to be replaced during FY 06-07 with a Ford E350 Club Wagon Extended van. (Quote attached). The additional option for the factory installation of "center-aisle" seating was not requested during the budget process. The option will cost $7,627.00. It is the intent of the United Veterans of St. Lucie County to donate $7,627.00 to the St. Lucie County Board of County Commissioners to pay for this special seating arrangement. In order to finalize the acquisition of this vehicle under the Florida Sheriffs Association Contract during FY 06-07, Staff is requesting a short-term, interest free loan from the St. Lucie County BOCC General Fund - Contingency in the amount of $7,627.00. Approval of this request is contingent on the successful execution of an agreement obligating the United Veterans of St. Lucie County to repay the money interest free to the BOCC General Fund-Contingency account within 6 months. FUNDS AVAILABLE: See attached Budget Amendment # 07-045 ($7,627.00). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Budget Amendment #07-045, Equipment Request #EQ07- 136, and authorize the Chair to sign the agreement with the United Veterans of St. Lucie County. = as prepared by the County Attorney's office. COMMISSION ACTION: DC] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney:~ Management & Budget: Originating DePt~ Other. . Finance: (Check for Copy only, if applicable) Purchasing: I~ Other: Other: VETERAN SERVICES MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: Paul Hiott, Director RE: March 13, 2007 Budget Amendment #07-045, Equipment Request #EQ07-316, and Agreement with the United Veterans of St. Lucie County DATE: Under the County fleet replacement program, the 2001 Chevrolet Express Passenger van, PR #40-5128, is scheduled to be replaced during FY 06-07 with a Ford E350 Club Wagon Extended van. (Quote attached). The additional option for the factory installation of "center-aisle" seating was not requested during the budget process. The option will cost $7,627.00. It is the intent of the United Veterans of St. Lucie County to donate $7,627.00 to the St. Lucie County Board of County Commissioners to pay for this special seating arrangement. In order to finalize the acquisition of this vehicle under the Florida Sheriffs Association Contract during FY 06-07, Staff is requesting a short-term, interest free loan from the St. Lucie County BOCC General Fund - Contingency in the amount of $7,627.00. Approval of this request is contingent on the successful execution of an agreement obligating the United Veterans of St. Lucie County to repay the money interest free to the BOCC General Fund-Contingency account within 6 months. Staff recommends approval of Budget Amendment #07-045, Equipment Request #EQ07-136, and authorize the Chair to sign the agreement with the United Veterans of St. Lucie County. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Veteran Services PREPARED DATE: 3/6/2007 AGENDA DATE: 3/13/2007 TO: 001-5310-564000-500 FROM: 001-9910-599100-800 Contin enc $7,627 REASON FOR BUDGET AMENDMENT: Addidtional fundin needed for the installation of center-aisle seatin Passen er van. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $225,182 $7,627 $217,555 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: BA07 -045 FISCAL YEAR 2006-2007 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $327,307 ACCOUNT # DEPARTMENT ITEM 001-9910-599100-800 Approved Budget Contingency BAO? -004 BAO? -OO? BAO? -008 Line-to-Line BAO?-014 BAO? -023 BAO? -024 BAO? -029 BAO? -033 BAO? -041 Proposed action: BAO? -028 BAO? -045 Old Civic Center Parking Lot Savannas Emergency Sewer Repairs Harbour Pointe Three-Phase Service Interfund Loan to complete ADA improvements @ Tradition Field Item C11 Reimbursement Ft Pierce CRA Ref BAO?-008 New project for Env Resources ADA Review for new Special Needs Facility Internal Loan for Minor League Complex A.C. Replacement @ Tradition Field Editor for Media For repairs on generators that are being kept at the EOC. Architechtural services at St. Lucie County Fairgrounds Total used: Balance Available Storage units needed for Lawnwood Stadium. Center-Aisle seating package for passenger van. Balance Available After Proposed Action: AMOUNT $1,000,000 $25,000 $11,360 $4,098 $4?9,200 ($4,098) $22,600 $1,28? $100,000 $?,966 $5,000 $20,280 $672,693 $327,307 $102,125 $? ,62? $217,555 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: DIVISION: VETERANS SERVICES RECOMMENDED: YES NO REVISED EQUIPMENT: JUSTIFICATION: Under the County fleet replacement program, the 2001 Chevrolet Express Passenger van, PR # 40-5128, is scheduled to be replaced during FY 06-07 with a Ford E350 Club Wagon Extended van. The cost to replace the van is $19,021.00. In order to have the factory install a "center aisle" seating package, an additional $7,626.55 is needed. The United Veterans of 81. Lucie County are asking the County to order the replacement van with "center-aisle" package now, and upon approval, enter into a six-month agreement with the County in order to repay the additional cost of $7,626.55. EQUIPMENT REQ# EQ07-316 ACCOUNT#: 001-5310-564000-500 Paul Hiott - stIucie2 19.xls From: To: Date: Subject: "Tackett, Richard" 2/19/2007 4:23 PM stlucie2 19.xls here is the quote you requested today ~ Duval Ford Richard Tackett 904-381-6555 Fax: 9043816556 rtack ett@dljvalford,com Contact Org Phone Fax email Chuck Padrick ST. Lucie County 772-216-1055 Contract # 06-14-0821 padri ckc@stlucieco.gqv We appreciate your il1terest il1 the 2007 Florida Sheriff's Associatiol1/ Florida Association of COlll1lies Purchaseil1g COl1tract. Listed below are the items we discussed. Spec 27 Ford E350 Club Wagon Extended 99L 5.4L Gas Engine Power Windows. Locks, cruise control Standard Tinting Delivery to End User Exterior Color YZ Interior Color Transglobal 14 Passenger Center aisle Package Req. XL T Upgrade Interior Upgrade Cloth Seating Trim with Seatbelt Restraints Power Mirrors Full Carpet (required) Legal Deep Tint CD: req by. xlt Exterior upgrade (required) White Flint *66Z * incl ddt 585 18A ~otal \III'Iì! ilill: Item Price Central 167 $19,021.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $3,621.55 $1,420.00 $645.00 $0.00 $0.00 $645.00 $625,00 $275.00 $395,00 $0,00 $0·°°1 $26,647.55 Memorandum VETERAN SERVICES SUBJECT: United Veterans donation for new van purchase and request for additional cost of fleet replacement vehicle J ¿I¡./Þ,¡1:í'1 ~ t..Cc. A.. C~ Y {:JI'" ¡ø r DATE: Douglas M. Anderson, County Administrator ~'~ Paul J. Hiott, Director~ February 21, 2007 TO: FROM: 1. Donation The intent of United Veterans of St. Lucie County is to donate $26,647.00 to the St. Lucie County Board of County Commissioners for the purchase of a new multi-- passenger van to be added to the existing fleet. The standard price under the State contract is $19,021.00, however the additional cost includes factory installation of a "center aisle" package. This configuration will allow a walk-through seating arrangement, which will allow easier maneuverability for our disabled veteran passengers. The United Veterans currently have the funds for the donation and upon approval, I will prepare the documents required, along with an Agenda request in order for the County to accept the funds. This would allow Central Services to purchase the van under the State contract, this fiscal year - along with the current order of vehicles for the County fleet. With this addition, the number of multi-passenger vans would increase to four - allowing for the increased demand of St. Lucie County veterans for transportation to and from the West Palm Beach VA Medical Center. 2. ,¡_îUlltl'limeßtëi\ Under the fleet replacement program, one of the existing three multi-passengers vans is currently scheduled to be replaced. The cost is $19,021.00. In order to have the factory install the above mentioned "center aisle" package, an additional $7,626.55 is needed. The United Veterans are requesting to enter a six-month agreement with the County in order to repay the additional cost of $7,626.55. Upon approval, I will go forward with a request for the County Attorney to prepare an agreement with the United Veterans of St. Lucie County and subsequent documents necessary for an Agenda request. Please reference the attached documents from Chuck Padrick, Fleet Manager and letter of intent from Chairman Ron Knepshield, United Veterans of St. Lucie County. Thank you for addressing this matter and for your consideration. c: Faye Outlaw, Assistant County Administrator Chuck Padrick, Fleet Manager Ron KneDshield. Chairman United Veterans of St. Lucie County . . United Veterans of St. Lucie County February 21, 2007 Douglas M. Anderson County Administrator 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Anderson, On behalf of the members of the United Veterans of St. Lucie County, I wish to express our intentions regarding the Veterans vans currently in the County fleet as well as the purchase of an additional van this year. Donation for new van: The intent of United Veterans of St. Lucie County is to donate $26,647.00 to the St. Lucie County Board of County Commissioners for the purchase of one multi--passenger van to be added to the existing f1eet. This donation includes the additional cost of having the van configured with a "center- aisle" package as outlined in the information included in this packet. Our funds are available now, and as soon as the documentation can be prepared, we stand ready to make the donation. Fleet replacement of existing van: It is my understanding that the County is prepared to replace one of the three vans currently in the fleet due to high mileage/age. According to the information provided, the cost to replace one of the existing vans is $19,021.00. In order to have the factory install the above mentioned "center aisle" package, an additional $7,626.55 is needed. The United Veterans are asking the County to order the replacement van with "center-aisle" package now, and if agreeable, allow us to enter into a six-month agreement with the County in order to repay the additional cost of $7,626.55. Doug, I thank you for your consideration of the time to repay in order to purchase the vans now. Our members are excited about the prospect of the new seating configuration, as our veterans needs will be better met - and for the past 16 years, that has been the goal and driving force behind our fund-raising efforts. If you need to discuss our proposal further, please do not hesitate to call on me. I can be reached at 772-340-1947. Be.st regards, ", f ' ,¡ J / I ¡ . ¡ Y'(tn'Î~:~'U:_ /YJ--t---LL,L<::L Ron Knepshiefd Chairman, United Veterans of St. Lucie County \ L. ,/ '~~ AGENDA REQUEST ITEM NO. C-13 A DATE: March 13, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: SUBMITTED BY (DEPT): Cultural Affairs - ßJ., JOdY~irector SUBJECT: Authorize the Chair to sign the grant application to the Florida Humanities Council for a traveling lora Neale Hurston exhibit and play. Board of County Commissioners BACKGROUND: The Florida Humanities Council has funded several projects in St. Lucie County including the lora Neale Hurston Dust Tracks Heritage Trail and the "Net Loss" traveling play on a fifth generation fishing family. The proposed grant application is for $23,000 to be used to develop a traveling art exhibit and a traveling play on lora Neale Hurston. The goal is to have the opening ready for display at the Historical Museum in March 2008 and the play for the 2008 lora Fest. From here it would travel to two locations throughout the state and promote St. Lucie County's historical heritage. There are funds in the Historical Museum budget for exhibits and this along with in-kind management support will be the match for the grant. FUNDS AVAILABLE: 001-7910-534000-700 Historical Museum Contractual Services (In-Kind and Cash Match of $13,000) PREVIOUS ACTION: Florida Humanities Council has funded similar projects in the past. RECOMMENDATION: Staff recommends that the Board authorize the Chair to sign the grant application to the Florida Humanities Council for a traveling lora Neale Hurston exhibit and play. COMMISSION ACTION: ..jd'APPROVED [] DENIED 11 OTHER: Approved 5-0 Dougl s M. Anderson County Administrator Review and APp~vals County Attorney: Ii,,· r Originating Dept: Finance: Management& BUdge~Þ} f\'\~urchaSing: _ Other:\.::::;;:.' Other: _ (Check for Copy only, if applicable) Effective: 5/96 ,.. CULTURAL AFFAIRS MEMORANDUM #07-25 FROM: Board of County Commissioners Jody Bonet, Director Cr'1- TO: SUBJECT: Florida Humanities Council Grant DATE: March 7, 2007 "More than Ms. Hurston's Memories" is the title of the proposed grant and will focus on the development of an exhibit for our Historical Museum and also a play that will open at 2008 Zora Fest. The exhibit and the play will also travel to two other locations in the State which will help showcase St. Lucie County's historical and cultural heritage. The Florida Humanities Council grant application is due March 20,2007 and requires a match that can be in in-kind or cash match. There is $13,000 in the Historical Museum account that is utilized for rental or development of exhibits that will be utilized as a match. Evelyn Mayerson, who was the playwright for the "Net Loss" Florida Humanities Council grant project that featured the story of our local fifth generation fishing families, has written a play on Zora Neale Hurston. In addition, a local artist has agreed to develop paintings that tell the story of the many exciting eras of Zora Neale Hurston. Since artifacts for Zora are hard to come by, the proposed project will utilize artwork to depict her exuberant life. The grant and match will assist with development of graphics, the actors, and the painting of Ms. Hurston. This proposal has been discussed with FHC staff and they are very interested in the project since they fund many Zora Neale Hurston programs. FHC is also planning a teachers' workshop at Rollins College on Zora Neale Hurston and may incorporate some of this programming. ," HüffiáÍÚìiés COUNCIL MAJOR GRANT APPLICATION HUMANITIES PROGRAMS The Florida Humanities Council seeks grant applications that bring humanities scholars together with the general public to explore topics and issues of concern to Floridians. FHC is particularly interested in supporting projects that stimulate meaningful community dialogue, attract diverse audiences and encourage discovery of the humanities in interesting and exciting ways. Projects must be centered on one or more ofthe humanities disciplines: philosophy, ethics, comparative religion, history, art criticism, jurisprudence, literature, languages, linguistics, archeology, cultural anthropology, and folklife. Scholars from the appropriate discipline(s) should be engaged to bring critical thinking and interpretation to the topic of the program. Funded projects will engage a good working Advisory Committee composed of scholars and persons who represent the various audiences to be reached through the project activities. The Advisory Committee should provide assistance and advice in planning the project, reviewing the grant application, and implementing the programs. Co-sponsors are encouraged as broad community support is vital to the success of a project. Sponsoring organizations must be non-profit, provide required budget information, and co-sponsor cost share of 130%. All programs must be non-partisan, open to multiple points of view, and not advocate a single position on controversial issues. INITIAL STEPS · Complete information about the FHC Grants program can be found on the website at www.flahum.org. The application form is available in digital format on the website (PDF format) and in Word format by contacting the Grants Director. · We recommend that new applicants first contact the Grants Director to discuss the project and then submit a preliminary draft of the application four weeks before the final application deadline. Submit only one COpy of your preliminary application. · Staff members will discuss projects with applicants in the preliminary stages and offer advice to strengthen the grant application. Staff suggestions are no guarantee of favorable action by the Board of Directors, but staff members can frequently make suggestions to strengthen proposals. · Plan to have projects begin no earlier than four months after submitting your preliminary grant application to allow time to meet FHC conditions or to revise the project budget if necessary. Projects should be completed within two years. · Form an Advisory Committee composed of humanities scholars, co-sponsoring organizations, and representatives of the intended audience. Develop your program plans with the committee and ask the scholars to ensure that the humanities are the central focus of the project. Consult with representatives of the intended audience(s) to determine public interest. Plan to include discussion in each public event. MAJOR GRANT DEADLINES ". AGENDA REQUEST ITEM NO. C-13 B DATE: March 13, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners .)J n~\ :,.... '¥ \~ Jody B~, rector SUBMITTED BY (DEPT): Cultural Affairs SUBJECT: Authorize UDT-SEAL Museum to serve free alcohol at the Open House on March 23, 2007. BACKGROUND: The Navy UDT SEAL Museum will be hosting an open house on Friday March 23, 2007 from 5:30 PM to 7:30 PM. The Executive Director has requested permission from the Board of County Commissioners to serve alcohol during the open house event. The Open House is a promotional activity that will bring residents and visitors to the Museum to learn how they can become more involved with the Museum's exciting programs. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends authorization to serve alcohol at the UDT SEAL Museum Open House event to be held on March 23,2007 from 5:30 PM to 7:30 PM. COMMISSION ACTION: iAPPROVED [] DENIED [] OTHER: Approved 5-0 Douglas M. Anderson County Administrator Review and APpr~$ County Attorney: . Originating Dept: Finance: - Management & Budget: _ Other: _ (Check for Copy only, if applicable) Purchasing: _ Other: - Effective: 5/96 .. The Navy UDT-SEAL Museum - History of Naval Special Warfare and SEAL Teams Page 1 of2 ) VIRTUAL MuseUM = SHIPS SToae =;.. N$W HERITAGE = IN THe NEWS ,~' "" See and feel the intrigue and stealth of Anlorics's most extraordinary fil The only museum in the world dedicated exclusively to the elite warriors of Naval S~ S.HU)S ~ WH PÐ! DE! Buy ann Mus dire .............___..............__....................._...._.......................w.......................................................................;,;..;.;;....-.....--..... ............_..........~........_.............._...................._..__..........;.;.............................................. MUSTER XXII L~!~~!~.....................m........................._..m.m.........................1 l..~~~~~~~._~~~~~.~............................. November 9-11, 2007 The Navy UDT-SEAL Museum cordially invites you to attend Muster XXI, on Nov. 9-11th 2007 -Veteran's Day. The celebration features FREE admission to the SEAL demonstrations. Be astonished as the Navy SEALs demonstrate their unique military skills while recreating combat situations--an "explosive" experience. Look skyward and be amazed by the US Navy Parachute Team's breathtaking air-o-batics. This special event promises fun for all ages including guest speakers, weapons demonstrations, static displays, kids' activities, refreshments and more,., CljçJ~_bS!retoJ;jownJo~td tbe...Iªte~tFire..IrLThe Hole. Requires MQbeAcrQbªt Reader Memoria Ensure YOl SEAL histo raise monE you can hê brick. Purc today! Important Museum Update: The Mu of Directors voted in February 2006 to annual membership dues to $50.00 an Membership level to $800.00. This bec December, 2006. All renewals up to th current rates and effective for 12 mon! measure is necessary to increase our ê revenue. Now's the time to get your Li before the rate increase. Thank you fOI of the Navy UDT-SEAL Museum and its HOME I MEMBERSHIP I DONATIONS IPJReçHºNS II:::!ºURSS!.Fe!:S QI,Jªrterdeck I Virt@LMLJ$eLJm I StUP$StQfe I NSWHeritage IlnTbeNews IS~Al,/SWÇÇReÇ(l http://www.navysealmuseum.com/ 3/7/2007 L _"''''t_i_....· ."'II!!¡¡I.'..~W~"!'1tla"· . . ,-,' .': ,i,; .:J'J * -'f, '>,'!"ø-1i'1~~~;ih}"J "lj:¡{~l~i.:tí~1:¥.¡tfqtthl:1K; ~ ......,..'...,'~~,..."...;iQ..lli'i;" ITEM NO. C-14-A DATE: 03/13/2007 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 C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley-Martin Corp. and Contract C06-05- 274 with Sunshine Land Design for Concrete, Culvert and Asphalt Installation BACKGROUND: See the attached memo FUNDS AVAILABLE: Account #101003-4108-534000-400 (Drainage Other Contractual Svcs) Account #101002-4110-534000-400 (Maintenance) PREVIOUS ACTION: On May 9,2006 the Board approved award of Bid. 06-003 to South Florida Concrete as the primary contractor, Hanley-Martin Corp. as the first alternate, and Sunshine Land Design as the second alternate RECOMMENDATION: Staff recommends Board approval of the First Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley-Martin Corp. and Contract C06-05-274 with Sunshine Land Design and permission for the Chairman to sign the amendments as prepared by the County Attorney. ~ APPROVED () OTHER ( ) DENIED -- COMMISSION ACTION: Approved 5-0 DO DERSON COUNTY ADMINISTRATOR County Attorney (X) Originating Dept. ( ) ¡J..Y'/ .' Coordi nation/Siq natures Mgt. & Budget (X~ Purchasing (X) :;;¡;r. Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ '.. PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: March 5, 2007 RE: First Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley-Martin Corp. and Contract C06-05- 274 with Sunshine Land Design for Concrete, Culvert and Asphalt Installation BACKGROUND: On March 29, 2006, Bid #06-033 - Concrete, Culvert and Asphalt Installation was opened for the Road & Bridge Division. Seven hundred and thirty-four (734) companies were notified, twelve (12) documents were distributed, and three (3) bids were received. Staff recommended Board approval to award Bid #06-033 to South Florida Concrete as the primary contractor, Hanley-Martin Corp. as the first alternate, and Sunshine Land Design as the second alternate, and asked permission for the Chairman to sign the contracts as prepared by the County Attorney. Initial contracts were one (1) year with two (2) additional one-year renewal options. Staff is now recommending approval of the First Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley-Martin Corp. and Contract C06-05-274 with Sunshine Land Design. RECOMMENDATION: Staff recommends Board approval of the First Amendment to Contract C06-05-278 with South Florida Concrete Service, Inc., Contract C06-05-284 with The Hanley-Martin Corp. and Contract C06-05-274 with Sunshine Land Design and permission for the Chairman to sign the amendments as prepared by the County Attorney. " C06-05-278 FIRST AMENDMENT TO MAY 9,2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND SOUTH FLORIDA CONCRETE SERVICE, INC. THIS FIRST AMENDMENT, is made and entered into this day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" and SOUTH FLORIDA CONCRETE SERVICE, INC., their successors, executors, administrators, and assigns hereinafter called the "Contractor". WHEREAS, on May 9, 2006 the parties entered into a contract to provide concrete, culvert, and asphalt installations as needed; and, WHEREAS, the parties desire to amend the contract to exercise the first one-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM shall be amended to read as follows: 6. TERM The term of this contract shall begin on April 1, 2006 and continue through March 31, 2008. Upon mutual agreement, this Contract may be renewed for one (1) additional one-year renewal period upon the same terms and conditions. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this First Amendment upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN 1 .... WITNESSES: C06-05-278 APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY SOUTH FLORIDA CONCRETE SERVICE, INC. BY: Print Name: Title: 2 -:. C06-05-284 FIRST AMENDMENT TO MAY 9,2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND THE HANLEY-MARTIN CORP. THIS FIRST AMENDMENT, is made and entered into this day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" and THE HANLEY-MARTIN CORP., their successors, executors, administrators, and assigns hereinafter called the "Contractor". WHEREAS, on May 9, 2006 the parties entered into a contract to provide concrete, culvert, and asphalt installations as needed; and, WHEREAS, the parties desire to amend the contract to exercise the first one-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM shall be amended to read as follows: 6. TERM The term of this contract shall begin on April 1, 2006 and continue through March 31, 2008. Upon mutual agreement, this Contract may be renewed for one (1) additional one-year renewal period upon the same terms and conditions. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this First Amendment upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN .. WITNESSES: C06-05-284 APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY THE HANLEY-MARTIN CORP. BY: Print Name: Title: 2 -. C06-05-274 FIRST AMENDMENT TO MAY 9,2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND SUNSHINE LAND DESIGN, INC. THIS FIRST AMENDMENT, is made and entered into this day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" and SUNSHINE LAND DESIGN, INC., their successors, executors, administrators, and assigns hereinafter called the "Contractor". WHEREAS, on May 9, 2006 the parties entered into a contract to provide concrete, culvert, and asphalt installations as needed; and, WHEREAS, the parties desire to amend the contract to exercise the first one-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM shall be amended to read as follows: 6. TERM The term of this contract shall begin on April 1, 2006 and continue through March 31, 2008. Upon mutual agreement, this Contract may be renewed for one (1) additional one-year renewal period upon the same terms and conditions. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this First Amendment upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN 1 WITNESSES: C06-05-274 APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY SUNSHINE LAND DESIGN, INC. BY: Print Name: Title: 2 \ r ITEM NO. C-14-B DATE: 03/13/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Neil Appel, Purchasing Director SUBJECT: Approval of the Third Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. for the purchase of shell rock material and FOOT base coquina rock BACKGROUND: See the attached memo. FUNDS AVAILABLE: Acct IDlOD'2..- 4110-553200-400 - Road Materials PREVIOUS ACTION: On October 17, 2006, the BOCC approved the second amendment to Contract C05-03-130. RECOMMENDATION: Staff recommends Board approval of the Third Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. exercising the second renewal option and allowing a price increase. Staff also recommends Board approval for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: ()() APPROVED () DENIED ( ) OTHER Approved 5-0 OU DERSON COUNTY ADMINISTRATOR County Attorney (X) Originating Dept. ( ) 0, t/~ Coordi nation/Sia natures Mgt. & Budget (X) ~ Purchasing (X) /'f?t Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ .. ( BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: March 5, 2007 Re: Approval of the Third Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. for the purchase of shell rock material and FOOT base coquina rock *********************************************************************************************************** BackQround: On March 8, 2005, the BOCC approved awarding Bid #05-015 - Purchase of Shell Rock Material and FOOT Base Coquina Rock to Stewart Mining Industries, Inc. for the price of $3.45 per ton of Shell Rock Material and $6.45 for FOOT Coquina Rock. On February 7, 2006 the BOCC approved the First Amendment to Contract e05-03-130 with Steward Mining Industries, Inc. for the price of $4.50 for Shell Rock Material and $10.50 for FOOT Coquina Rock not to exceed $500,000.00 and exercise the first renewal option. On October 17, 2006 the BOCe approved the Second Amend to Contract C05-03-130 with Stewart Mining increasing the not to exceed total to $800,000.00. Staff is now requesting approval of the Third Amendment to Contract C05-03-130 with Stewart Mining exercising the second renewal option and allowing for a price increase to $5.00 per ton for Shell Rock material and $13.00 per ton for FTOO Coquina Rock. Recommendation: Staff recommends Board approval of the Third Amendment to Contract C05-03-130 with Stewart Mining Industries, Inc. exercising the second renewal option and allowing a price increase. Staff also recommends Board approval for the Chairman to sign the amendment as prepared by the County Attorney. .> '. C05-03-130 THIRD AMENDMENT TO CONTRACT BETWEEN ST LUCIE COUNTY AND STEWART MINING INDUSTRIES, INC. THIS THIRD AMENDMENT, is made and entered into this day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and STEWART MINING INDUSTRIES, INC., or its successors, executors, administrators, and assigns ("Contractor"). WHEREAS, on March 8, 2005, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide for the purchase of shell rock material and FOOT base coquina rock as needed through and including March 7, 2006, with the option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on February 7, 2006 the parties executed the first amendment to the contract to exercise the first one-year renewal option and extend the term of the Contract through and including March 7, 2007 and allow a material cost increase; and WHEREAS, on October 17 f 2006 the parties executed the second amendment to the contract to increase the not to exceed total to $800,000.00. WHEREAS, the parties intend to further amend the contract exercising the second one-year renewal option, extending the contract through March 7, 2008 and allow a materials cost increase. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 4. TERM shall be amended to read as follows: 4. TERM The term of this contract shall be for a period of three years and being on March 8, 2005 and shall continue through and including March 7, 2008. 2. Paragraph 6. CONTRACT PAYMENT shall be amended to read as follows: 1 ~ -; C05-03-130 The County shall pay the Contractor for the successful performance of this Contract the sum not to exceed $800,000.00 (Eight hundred thousand and 00/100 dollars) per year as follows: Year One: Shell Rock Material FOOT Coquina Rock $3.45 per ton $6.45 per ton Year Two: Shell Rock Material FOOT Coquina Rock $4.50 per ton $10.50 per ton Year Three: Shell Rock Material FOOT Coquina Rock $ 5.00 per ton $ 12.00 per ton 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: STEWART MINING INDUSTRIES, INC. Print Name: Title: 2 ..- 'iia 1 MRR-OS-200HMON) 10: 17 P,OOl/OOl Stewart Mining Industries P.o. Box 4332 Fort Pierce; FL 34948 (561) 464-4499 · Fax 464-3634 Approved FDOT Aggregate Source Base and Stabilization Materials Sand · Shell .. Topsoil· Fill Submitted to: Date: L1" 5-tJ1 ,,,~¿ ¿l/CI< ¿1.I/J7 234{)t/t~ (I'},C, ¡fv~ {"t-o PI (J. rCd' E.!-3 '/98 J.- Phone: 7'} J -1./& 'J ~J70,j Fax' 77~' -Yú.;Z - /71JÝ /11!J¡.' :2 iAJ02u '7 Please accept the following quotation for: PROJECT NAM~ ···fA;jf-¿¿~/ ¿(J§';113../30 CATION DESCRIPTION OF MATERIAL UNIT UNIT aUANTITY C.Y /fONS PRICE I J 4'~ .sot) All prices, unlass otherwise noted, are F.O.S. at our mine source. Applicable taxes are NOT Included in prIce of matarial. Quotation is valid for 60 days from date of submittal. Matarlal yardage price Is based on truck measurement only. Reasonable care wlll be taken to avoid overloads on materials for shipments. Stage areas are provided for dumping of excess material. WE ARE NOT RESPONSIBLE FOR OVERWEIGHT TRUCKS. Stewart Mining Industries terms for payment are net 30 days from the date of the monthly statement. If payment Is not received 1.5% per month will ba charged on past due accounts as well as all costs of collection including reasonable attomey . fees. ' Buyer agrees to supply Certificate of Insurance & Workmen's Compensation upon request The undersigned accepts the above quotation. Sy Date Accepted by OO~DCO~TPAF.88, INC..481·S7IS Title \ ITEM NO. C-14C DATE: 3/13/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Purchasinq Director SUBJECT: Award of Invitation to Bid #07-027, Purchase of Sign Posts, Sign Hardware, Signs and Sign Blanks to the lowest responsible, responsive bidder, Universal Signs and Accessories, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: 101004-4109553100-400 Safety Markers and Signs PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff requests Board approval to award of Invitation to Bid #07-027, Purchase of Sign Posts, Sign Hardware, Signs and Sign Blanks to the lowest responsible, responsive bidder, Universal Signs and Accessories, Inc., and authorization for the Chairman to sign the contract as prepared by the County Attorney. ~ APPROVED (j OTHER ( ) DENIED Do las M. Anderson County Administrator COMMISSION ACTION: Approved 5-0 "'-71",' '. j. . County Attorney (X) 1'/" Road and Bridge (X)Ç) ~ Coordination/Si natures Mgt. & Budget (X)Jj Other ( ) Purchasing (X) )Ø Other ( ) Finance: (check for copy, only if applicable)_ .' PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Directoy!t DATE: March '3, 2007 RE: Award of Invitation to Bid #07-027, Purchase of Sign Posts, Sign Hardware, Signs and Sign Blanks to the lowest responsible, responsive bidder, Universal Signs and Accessories, Inc. Backaround: Bid # 07-027 was advertised and released December 20th, 2006. 575 companies were notified, 27 bid packages were distributed and 8 bids were received. All bids were publicly opened on January 1yth, 2007. This bid was issued on a unit price basis as a sole award to the lowest responsive, responsible bidder who could supply all bid items. Universal Signs and Custom Products Corporation were the two low bidders who could supply all items bid. Upon close review, Custom Products was found to be non-responsive based upon the following qualifiers they placed with their bid: · Bidding Freight delivered to dock - no inside delivery as required by the bid documents · Quantity qualifiers as follows: o Must purchase 12' round posts in bundles of 50 o Must purchase 15' round posts in bundles of 37 · Custom Products did not bid the adjustable crosspiece needed for the installation of street signs Universal Signs can furnish all items that were included in the bid package with no variations. Recommendation: Staff requests Board approval to award of Invitation to Bid #07-027, Purchase of Sign Posts, Sign Hardware, Signs and Sign Blanks to the lowest responsible, responsive bidder, Universal Signs and Accessories, Inc., and authorization for the Chairman to sign the contract as prepared by the County Attorney. 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C-14D DATE: 3/13/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel, Purchasinq Director SUBJECT: Award of Invitation to Bid #DRP #2 to the lowest responsible, responsive bidder, Alton Silver Homes Corporation. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: CDBG (Community Development Block Grant) account #001172-6420- 549605-600, SHIP (State Housing Initiative Partnership) account 185005- 5420-549601-500 and HOME Again account 001174-6420-549605-600. PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: The St. Lucie County Citizens' Advisory Task Force for the CDBG program requests Board approval to award Invitation to Bid #DRP#2 Demo Replacement Project to the lowest responsible, responsive bidder, Alton Silver Homes Corporation, for the total amount of $133,500.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney. ~ APPROVED (-) OTHER ( ) DENIED Dou 1M. Anderson County Administrator COMMISSION ACTION: Approved 5-0 Mgt. & Budget (X) Other ( ) t7sl- County Attorney (X) JttJ-- Community Services (X) Purchasing (X) '¡~ Other ( ) Finance: (check for copy, only if applicable)_ :¡, , PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: March 6, 2007~ RE: Award of Invitation to Bid #DRP #2 to the lowest responsible, responsive bidder, Alton Silver Homes Corporation. Backaround: On February 4, 2007, The Purchasing Department released Bid # DRP#2 for housing re-habilitation on behalf of the Community Services Department. The work consists of the following items: · Demolition · Sitework · New structure · Electrical, appliances, and hvac · Interior · Plumbing · Windows · Cabinets · Miscellaneous On March 1, 2007, Bid # DRP #2 for housing re-habilitation was opened. 842 companies were notified, 13 sets of bid documents were issued, and 3 three bids were received (see attached bid tabulation). Recommendation: The St. Lucie County Citizens' Advisory Task Force for the CDBG program met and requests Board approval to award Invitation to Bid #DRP#2 Demo Replacement Project to the lowest responsible, responsive bidder, Alton Silver Homes Corporation, for the total amount of $133,500.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney. NA , ..... ..... c: Q) l- E . 0 ~~t5 co a.. Q) c. . 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C") N...... ~ .. co '0 ( ) ..- '0 ::J ( ).o ¡¡: .¡: .- _ C") _0 t/ .. .- '0 r:: '0 ( ) t/ t/ > ( ) - .- ._ r:: ( ) c ( ) (,) CU E ( ) c. ~ E ::J t/ (,)'0 o 0 .- (,)'0.0 --- 000 ~ ~ ~ ( ) ( ) ( ) .o.o.c E E E ::J ::J ::J ZZZ " ITEM NO. C-14-E DATE: 03/13/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Neil Appel, Director SUBJECT: Assignment of Contract C05-06-318 (accounts receivable only) with Global Graphics, LLC to Riviera Finance BACKGROUND: See the attached memo. FUNDS AVAILABLE: Various Department Accounts PREVIOUS ACTION: On June 14, 2005 the Board awarded Bid No. 05-037 to Global Graphics and approved a three (3) years contract with two (2) one- year renewal options. RECOMMENDATION: Staff recommends that the Board approve the assignment of contract C05-06-318 (accounts receivable only) with Global Graphics, LLC to Riviera Finance and authorize the Chairman to sign the assignment as prepared by the County Attorney. COMMISSION ACTION: U DERSON COUNTY ADMINISTRATOR (10 APPROVED () DENIED ( ) OTHER Approved 5-0 Coordination/Siq natures County Attorney (X) Originating Dept. ( ) ~¡ p~ r Mgt. & Budget (X) f \<1~ Other ( ) Purchasing (X) Æ Other ( ) Finance: (check for copy, only if applicable)_ .. PURCHASING DEPARTMENT MEMORANDUM ,- --~..~-".,-_.-. -. .- , ., . ._----_..~..__........__.- TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: March 6, 2007 RE: Assignment of Contract C05-06-318 from Global Graphics, LLC to Riviera Finance BACKGROUND: On April 20, 2005, Bid #05-037 was opened for Purchase of Uniforms and Related Items. Three hundred two (302) vendors were notified, forty-seven (47) bid documents were distributed, and seven (7) responses were received. The following four bidders were non- responsive for not submitting samples with their bid, Aramark, Designlab Inc., IDS Promotions Inc., and Superior Uniform Group. Staff recommends award to the lowest responsible and responsive bidder, Global Graphics, per bid unit price and authorization for the Chairman to sign the contract as prepared by the County Attorney. S1. Lucie County was notified that the accounts receivable of Contract C05-06-318 with Global Graphics is being assigned to Riviera Finance as a source of capital funding. As part of this financial arrangement, all accounts receivable have been assigned to Riviera Finance and all future payments and purchase orders must be made to them. RECOMMENDATION: Staff recommends that the Board approve the assignment of contract C05-06-318 (accounts receivable only) with Global Graphics, LLC to Riviera Finance and authorize the Chairman to sign the assignment as prepared by the County Attorney. C05-06-318 ASSIGNMENT OF CONTRACT BY AND BETWEEN ST. LUCIE COUNTY AND GLOBAL GRAPHICS, LLC THIS ASSIGNMENT OF CONTRACT is entered into this day of , 2006, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and GLOBAL GRPHICS, LLC ("Assignor"), and RIVIERA FINANCE, ("Assignee"), WIT N E SSE T H: WHEREAS, the County and Assignor entered into a Contract to provide for the purchase of uniforms and uniform related items (hereinafter referred to as the "Contract"); and WHEREAS, Assignor has arranged for a source of capital funding from Assignee and as part of this financial arrangement, all accounts receivable have been assigned to Assignee. Assignor will continue to provide all of the services provided under the Contract. Consequently, Assignor has agreed to assign the Accounts Receivable portion of the Contract to Assignee and the County has agreed to approve the assignment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County, the Assignor and the Assignee hereby covenant and agree to as follows: 1 , Assiç¡nment of Contracts. Assignor hereby assigns to Assignee all of its rights, duties, liabilities and obligations of the accounts receivables as specifically set forth in the Contract, incorporated herein by this reference. 2. Assumption of Contracts. Assignee hereby agrees to assume, perform and discharge all duties, liabilities and obligations of the accounts receivable of Assignor as set forth in the Contract. C05-06-318 " 3. Approval of the AssiÇJnment. The County hereby approves the assignment of the Accounts Receivable of the Contract, from the Assignor to the Assignee. 4. Effective Date. This Assignment shall be effective as of March 13, 2007. IN WITNESS WHEREOF, the County, Assignor and Assignee have each caused this Assignment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney ASSIGNOR: GLOBAL GRAPHICS, LLC WITNESSES: By: Print Name: Print Title: WITNESSES: ASSIGNEE: RIVIERA FINANCE By: Print Name: Print Title: 2 ~¿¡ :Loll ¿~l1 ( l:¿: ~C! 4687631 GLOBAL PAGE 01 .:" t· ~. : t'0TICE OF ðSSL~ i. GlObel &tapbios UC 995 ecewa* Rðad Fört Plett., fL Jea:z _D>r3J1_,,~on'n4_.m.":'~ ~ --¡;yI7 _ . d.. "'. Iu OIdatc aç~ ~ cb3n~ IUId ~ in éut bu8iDelli. we bJ"¥U bet:n. ~I'C to obdt, the ~ oiR1'l'mRA FINANCE a¡ a lourçe uf c~te1 fiÞ.Jding. 1'bø amfabWCy of this ~Ct: 'WÌ1t' ~ us ~ QM! )Uf 0UR1OmerII in - XII.CQ efflc:tcm JJ1tI\fte.t'. ~. WP. wish 'In ~ yms that þ.ý.rn61jU 011. .nîh'YDic~ from O1bbel<Jt;r;phies LLC lI~d'bð 'l'nDdePA Y:A.M.E TO (\J'fl) MAlLE.D D1BEC11" y TO. . RMm JI~ M1œ AsSIgnClC fill" otabll Or.phict U.c P. O. BOX 730100 tMLLAS. TX 7S37J.4}SOO This ~sigmm:I1tÞ~'bœnduJ¡p r~~,.app1icmbIe ~ ~.Dd undm; the. uDt1km~ia1Co<k. P14IIBiC nWœ t1w: P'fOP!1: ~ tift your 1t\daet 11M re!IJ,nJ II. .ïpcd çOpy otthls l$&r fa RlVInA FINANCE. rlthcte An! aff1 ~tlmts ~I yo\'f biUiøg. P~þ can RMSRA WANCS.at (800) 87<4)149 or ~ 10 (71~) 960:-809S. ~'Dtlti~at:Id'~n9ttuctìon. reami~·in M1 ~ Md.ltffiïct ,ø:uU)'OU reœ.lve. Q \'IIIñttt.n.rcte!Lt;e ftom,~1YlERA 'FIN~CE. Sinacœly, Global Gmpbiœ u.c R!...íe~ ,finance D,(~~~ 7lß Wroiøm Sc1:aaiM- o.nc- <~::: ,.,~ ~~. " ,~'''') () ·"''''''''''Ii~''''''''\'''I' "'.... . "" II_ "" .' I \o".~ -..--.,-.-.... 5")", ~\"".;J.î C~...... \ ~ ........\fV""'- P.8. PJ¡;ase sign OIJ~ copy IU7Q nil to RI'V1tRA P~ce iT! tlÞ:: ~losed~tep1y cro~.. nM*)'du. ACrorOWLSDOiD BY: TITLE. ....., . ..... . COMPANY NAME:: tuV1MA FIN ANC'E Pl:dcraI m# '+2IJS2 129, ÌJ Jim $Ut1Jcct to Dacbp wftt1holdhlg. , ITEM NO. C-14-F DATE: 03/13/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Neil Appel, Purchasing Director SUBJECT: Purchase Agreement with Office Products & Services, Inc. (representing The Hon/Allsteel & Gunlocke Companies) BACKGROUND: See the attached memorandum. FUNDS AVAilABLE: Various Department Accounts PREVIOUS ACTION: On March 28, 2006, the Board of County Commissioners approved the Account Purchase Agreement with Office Products & Services, Inc. (representing The Hon/Allsteel & Gunlocke Companies) for the previous year. RECOMMENDATION: Staff recommends approval of the purchase agreement with Office Products & Services, Inc. (representing The Hon/Allsteel & Gunlocke Companies) from April 1 , 2007 through March 31, 2008, and authorization for the Chairman to sign the agreement as prepared by the County Attorney. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 Doug derson County Administrator Coordination/Sianatures County Attorney: (X) .1;...-./' lF~\ Mgt. & Budget: Purchasing Mgr.:(X) ~ .- Other: Originating Dept: Other: 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: March 6, 2007 Re: Purchase Agreement with Office Products & Services, Inc. (representing The Hon/Allsteel & Gunlocke Companies) **************************************************************************************************** BACKGROUND: On March 28, 2006 the Board of County Commissioners approved an Account Purchase Agreement with Office Products & Services, Inc. (representing The Hon/Allsteel & Gunlocke Companies). This agreement will allow the County the advantage of using the State of Florida Office Furniture Contract No. 425-001-06-1, pricing for these purchases. Realizing the County will not be billed for design/space planning or installation services, as allowed under the State contract, Office Products & Services, Inc. (representing The Hon/Allsteel & Gunlocke Companies), has provided a discount structure that better meets the needs of the County. RECOMM ENDA TION: Staff recommends approval of the purchase agreement with Office Products & Services, Inc. (representing The Hon/Allsteel & Gunlocke Companies) from April 1 , 2007 through March 31, 2008, and authorization for the Chairman to sign the agreement as prepared by the County Attorney. " ITEM NO. C-14G DATE: 3/13/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Purchasinq Director SUBJECT: Award of Invitation to Bid #IFB#27 to the lowest responsible, responsive bidder, Angus Enterprises, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: CDBG (Community Development Block Grant) account #001172-6420- 549605-600, SHIP (State Housing Initiative Partnership) account 185005- 5420-549601-500 and HOME Again account 001174-6420-549605-600. PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: The St. Lucie County Citizens' Advisory Task Force for the CDBG program requests Board approval to exceed the previously established amount of $39,999 per unit for rehabilitation projects of CDBG and award IFB #27, Housing Rehabilitation Project to the lowest responsive responsible, bidder, Angus Enterprises, Inc., for the total amount of $68,950.00 and authorization for the Chairman to sign the contract as prepared by the County Attorney. (W APPROVED () DENIED ( ) OTHER Approved 5-0 COMMISSION ACTION: Do gl . Anderson County Administrator /~ -:'¡i._- County Attorney (X)-<:\ Mgt. & Budget (X) - Community Services (X) ~ ~~ Other ( ) Finance: (check for copy, only if applicable)_ " Purchasing (X) 2?}}c- Other ( ) PURCHASING DEPARTMENT MEMORANDUM ,".~..,,~ - .~._..'~ ." _n... ..,,__~_. ,,_.~,._. ~. _,_ ... ..._. "._"."ø··.~_.__.._~._"H_.·_,.._d...·._._.~·____ - ---- "... -"'~'-'--"'-""-'-""-'-'-'" .,..--'- _.. __._..~.__ u.__,_.....".~_..'"_····__'"··___····_·_··_'__··>"___··.._~._-_._-_..- TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director~ DATE: March 6, 2007 RE: Award of Invitation to Bid #IFB#27 to the lowest responsible, responsive bidder, Angus Enterprises, Inc. Backaround: On February 4, 2007, The Purchasing Department released Bid # IFB #27 for housing re-habilitation on behalf of the Community Services Department. The work consists of the following items: . Drywall · Demolition · Sitework · Soffit And Fascia · Electrical, and HV AC · Doors · Plumbing · Windows · Cabinets · Flooring · Painting On March 1,2007, Bid # IFB #27 for housing re-habilitation was opened. 533 companies were notified, 8 sets of bid documents were issued, and 2 bids were received (see attached bid tabulation). Recommendation: The St. Lucie County Citizens' Advisory Task Force for the CDBG program requests Board approval to exceed the previously established amount of $39,999 per unit for rehabilitation projects of CDBG and award IFB #27, Housing Rehabilitation Project to the lowest responsive responsible, bidder, Angus Enterprises, Inc., for the total amount of $68,950.00 and authorization for the Chairman to sign the contract as prepared by the County Attorney. .... s:: Q) . 0 E ~ 1:5 ~ . Q) ea ~.= Cou 0 Q) -0) OWe: C) a..- s:: a. ~ .- « ..c ~ = ~ .c:Q):J 020.. 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('0 co ('0" L{)"O Q) ..... .. ::s "'0..0 Q).- !E.þN .....In.. o .- "'0 r:: "'0 Q) In 2.~ Q) r:: Q) .- Q) 0 r:: E Q) ~ ... a.::S1n E0"O o 0._ 0"'0..0 ..... ..... ..... 000 ... ... ... Q) Q) Q) ..0..0..0 E E E ::s ::s ::s ZZZ AGENDA REQUEST ITEM NO. C - 1 5 DATE: 3-13-07 REVISED REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] SUBMITTED BY (DEPT): TO: Board of County Commissioners SUBJECT: BACKGROUND: Ratify committee appointment FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Ratify the appointment of Pieter Stryker to the Housing Finance Authority DC] APPROVED [] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: CONCURRENCE: Review and Approvals County Attorney: _ Management & Budget: - Originating Dept: _ Other: Finance: _ (Check for Copy only, if applicable) Purchasing: _ Other: 03/09/07 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #23- 03-MAR-2007 TO 09-MAR-2007 FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund 145826 FIND Queens Island Preserves GRAND TOTAL: EXPENSES 41,823.75 52,551.12 94,374.87 PAGE PAYROLL 36,867.14 0.00 36,867.14 1 ._____~CMW--- Paula A. Lewis, Chairman Doug Coward, Vice Chairman Joseph E. Smith Charles Grande Chris Craft District No. I District No.2 District No. I District No.4 District No. S AGENDA March II, 2007 I. MINUTES Approve the minutes from the meeting held on February 27, 2007 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 22 and 23. 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 Director at (772) 462-1m or TDD (712) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 27, 2007 Convened: 11 :26 a.m. Adjourned: 11 :26 a.m. Commissioners Present: Chainnan, Paula A. Lewis, Joseph Smith, Doug Coward, Chris Craft, Charles Grande Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Smith, to approve the minutes of the meeting held on February 13,2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS 3. CONSENT AGENDA It was moved by Com. Smith, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 20 and 21. 2. MOSQUITO CONTROL The Board authorized the approval of Budget Resolution No. 07-002, budgeting a $50,000.00 contribution from Tailers' Cove Development LLC for impoundment improvements in Impoundment 10B and authorized the Chainnan to execute the Resolution. 3. PURCHASING First Amendment to Contract C03-11-778 with Aquatic Vegetation Control, Inc.- The Board approved the First Amendment to Contract C03-11-778 and authorized the Chainnan to sign the Amendment as prepared by the County Attorney. There being no further business to be brought before the Board, the meeting was a adjourned. Chainnan Clerk of Circuit Court \'~_ ~_\L \ \ \ì \ ' ,\ ,( 1\ : M~H _ I 200f i \ l -_.,. LI .-- CC'!..._~'_...._ ~ ._~~ ...~., 03/02/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #22- 24-FEB-2007 TO 02-MAR-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 45,967.36 0.00 GRAND TOTAL: 45,967.36 0.00 03/09/07 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #23- 03-MAR-2007 TO 09-MAR-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,377.48 4,607.28 GRAND TOTAL: 1,377 .48 4,607.28 1 . a.r.' ..... .... ,. w ,'. -', 'i ;¡'.'.. . ....:' " . ' '.. ~ -~ Charles Grande, Chairman Chris Craft, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis District No.4 District No. S District No. I District No.2 District No. I AGENDA March II, 2007 I. MINUTES Approve the minutes from the meeting held on February 27, 2007 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 22 and 23. 2. PUBLIC WORKS A. Accept a $500 donation from the Marine Industries Association of the Treasure Coast (MIA- TC) for the St. Lucie County Artificial Reef Program - Consider staff recommendation to accept the Marine Industries Association of the Treasure Coast donation, in the amount of $500, along with the corresponding Budget Resolution No. 07-007, and execution of said Resolution by the Chairman. B. Artificial Reef Crant Program: Approval to submit artificial reef grant applications for construction and monitoring to the Florida Fish and Wildlife Conservation Commission (FWC) - Consider staff recommendation to submit construction and monitoring artificial reef grant applications to the Florida Fish and Wildlife Conservation Commission for fiscal year 2007-2008. 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 Director at (712) 462-1TT7 or TDD (712) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTSRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 27, 2007 Convened: 11 :27 a.m. Adjourned: 11 :27 a.m Commissioners Present: Charles Grande, Chainnan, Paula A. Lewis, Doug Coward, Chris Craft, Joseph Smith Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Richard Bouchard, Erosion Manager, Jim David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held February 13,2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Smith to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 20 and 21. 2. PUBLIC WORKS A. Second Amendment- the Board approved the Second Amendment to Grant Agreement No. 065SLl with the Florida DEP for the Ft. Pierce shore Protection Project contingent upon the review and final agreement by the County Attorney and approved Budget Resolution No. 07-006, with execution of said documents by the Chainnan. B. First Amendment to Work Authorization No.8 with Taylor Engineering, Inc., for a time extension to the project schedule - The Board approved the First Amendment to Work Authorization No.8 with Taylor engineering and signature of said agreement by the Chainnan. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 03/02/07 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #22- 24-FEB-2007 TO 02-MAR-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 3,224.12 0.00 GRAND TOTAL: 3,224.12 0.00 1 RESOLUTION NO. 07-007 WHEREAS, subsequent to the adoption of the St. Lucie County Erosion District's Budget, certain funds not anticipated at the time of the budget have become available in the form of a donation from Marine Industries in the amount of $500. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting assembled this 13th day of March 2007, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2006-2007, and the Erosion District's budget is hereby amended as follows: REVENUES 184-3710-366930-39003 Contributions from Private Sources $500 APPROPRIATIONS 184-3710-531000-39003 Professional Services $500 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairperson Commissioner Chris Craft, Vice Chairperson Commissioner Joseph E. Smith Commissioner Doug Coward Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 13th DAY OF MARCH, 2007. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY «' '"' AGENDA REQUEST ITEM NO. C-2A Date: March 13, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION PRESENTED BY: ~~~k,^- Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Accept a $500 donation from the Marine Industries Association of the Treasure Coast (MIA- TC) for the St. Lucie County Artificial Reef Program. BACKGROUND: The MIA- TC recently held a fundraiser at various locations throughout the Indian River Lagoon to benefit the Sea Scouts and the St. Lucie County Artificial Reef Program. A portion of the proceeds from the fund raiser ($500) was offered as a donation to be used to enhance the County's Artificial Reef Program. FUNDS: Supporting Budget Resolution No. 07-007 is attached. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Erosion District Board approval to accept the Marine Industries Association of the Treasure Coast donation, in the amount of $500, along with the corresponding Budget Resolution No. 07-007, and execution of said Resolution by the Chairman. [Xl APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: qv" [x]County Attorney 1/ A 1,]0"""0""' Oapt. P"bl;C~O~ [x]Mgt. & Budget [x]Fiscal Coordinator [ ]FinanceDept. AGENDA REQUEST ITEM NO. C-2B Date: March 13, 2007 ,i TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~~~,L Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Artificial Reef Grant Program: Approval to submit artificial reef grant applications for construction and monitoring to the Florida Fish and Wildlife Conservation Commission (FWC). BACKGROUND: The Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries, is accepting artificial reef grant applications for fiscal year 2007-2008. The FWC is anticipating $700,000 in available funds with a maximum cap of $60,000 for each artificial reef construction project. There are two types of applications available including construction and monitoring. The application deadline is March 16,2007 with confirmation of program funding occurring by July 1, 2007. We are proposing to submit a construction application to FWC for the placement of 1,500 tons (3 barges) of concrete railroad ties or other suitable concrete material onto the permitted artificial reef sites. The total project cost is estimated at $68,500.00 and will include staging and deployment of materials as well as pre-deployment and post-deployment dives. St. Lucie County will also provide in-kind services for this grant that includes project management and oversight. The monitoring grant application will be utilize sonar to side scan the Nearshore and Offshore artificial reef sites. This survey information will be used to help identify any historical artificial reefs that were deployed in either of the two sites and have not been recorded. These unrecorded sites can then be investigated through future monitoring dives to learn more about hem. The total monitoring grant application is estimated at $25,000. FUNDS: This construction grant application anticipates that $60,000 will be provided from the FWC grant with an $8,500 match from the Erosion District (artificial reefs). The monitoring grant application anticipates $25,000 will be provided by FWC. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Erosion District Board approval to submit construction and monitoring artificial reef grant applications to the Florida Fish and Wildlife Conservation Commission for fiscal year 2007-2008. [)( APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED COMMISSION ACTION: Doug nderson County Administrator ;j' , ,/~ [x]County Attorney h [x]Originating Dept. Public ~or~ [x]Mgt. & Budget [x]Executive Assistant [x]Marine Res. Coordinat .,/ ,/ / [x]FinanceDept. '-' '-: CAll FOR ARTIFICIAL REEF CONSTRUCTION AND MONITORING GRANT APPLICATIONS FOR FISCAL YEAR 2007-2008 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) DIVISION OF MARINE FISHERIES MANAGEMENT The Florida Artificial Reef Program within the FWC Division of Marine Fisheries Management anticipates the availability of up to $400,000 in U.S. Fish and Wildlife Service Federal Aid in sport Fish Restoration Program funds, and an estimated $300,000 in state saltwater fishing license revenues for artificial reef related activities. These funds will be made available through a grants-in-aid program for artificial reef construction on a cost reimbursement basis and for science-based biological or socio-economic artificial reef monitoring projects on either a cost reimbursement or fee schedule basis. This year's application form is the same as last year's form, consistent with "The Florida Artificial Reef Program" rule, Chapter 68E-9 FAC. As in last year, a cap of $60,000 is set for an artificial reef project per fiscal year, and any project request greater than $60,000 will require additional information pursuant to Chapter 68E-9.006. Two applications are enclosed with this announcement, one for general artificial reef construction, one for general artificial reef monitoring. Applications for other complex planning, research and evaluation projects must be submitted in a formal proposal describing all details of the proposed project. Only one application for each type of project will be accepted from a given applicant. Eligible applicants include local coastal governments, State of Florida public universities and certain nonprofit organizations (one of whose principle charges as stated in By-laws or Articles of Incorporation is the construction and/or monitoring of artificial reefs), pursuant to Chapter 370.25, F.S. and according to the provisions of Chapter 68E-9 FAC. Other interested entities would need to work in partnership or be subcontracted by an eligible applicant entity. If multiple entities are submitting the same category of application from within the same county geographic boundaries, the highest ranked single project from within the county will be selected for that category. Applications must be received no later than Fridav March 16.2007. bv 5 p.m. Artificial reef construction applications will not be considered unless accompanied by documentation of a permitted site valid through June 30, 2008. Any previously unsubmitted Materials Placement Reports (i.e. both grant and non-grant funded) must accompany all applications for all reef construction projects completed by the applicant in FY 2006-07 (as required by Federal artificial reef permit conditions). Grants are awarded on a competitive basis. Competition for grant funding is expected to be high this year for the anticipated $700,000 funding. Last year $1.2 million was requested. The evaluation and ranking of applications is accomplished through a numerical rating process involving multiple independent reviewers and based directly on the provisions of Chapter 68E-9.005 FAC. Applicants should be aware that the FWC requires grant recipients to provide a substantial amount of contract management and project oversight, including direct supervision of all subcontractors. All applicants are strongly encouraged to develop and formulate a long-term plan for the development of artificial reefs in their geographical area and monitoring of their effectiveness. For any additional information regarding the artificial reef grants program. please contact Jon Dodrill, Bill Horn, or Keith Mille at the letterhead address listed below or by telephone at (850) 922-4340. Staff are also available to provide pre-application consultation prior to your submittal. Notification of conceptual grant awards will take place by June 15, 2007. Confirmation of project funding levels will be known by July 2, 2007. Applications should be sent to the Artificial Reef Program at one of the following addresses: 620 South Meridian Street, Box # 4B2, Tallahassee, Florida 32399-1600 (mail) 2590 Executive Center Circle East, Berkeley Building, Suite 203, Tallahassee, Florida 32301 (courier)