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HomeMy WebLinkAboutAgenda Packet 02-06-01 '-' '-' ...., ...., BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA February 6.2001 . CONSENT AGENDA LEISURE SERVICES Al Manatee Protection Plan / Ecological Associates, Inc. Contract Approval _ Consider staff recommendation to approve the contract as prepared by the County Attorney, and authorize the Chairman to execute the contract in the amount of $41,500. REGULAR AGENDA ADMINISTRATION ~f'~ C\-o Al Community Budget Issue Request (CBlR) - Consider staff recommendation to submit a CBIR to the State Legislature for funds to mitigate wetland impacts associated with the proposed widening of State Road 70. ~o~ ~.~~- ~();-n+~Y\M.r. ~ -b ~I>U>+-~~. ~.~- LD', ll: ihv-- ~'0 C-.. '=F." "'è e.r--. ~4A~ NOTICE: All Proceedings before this Board are electrontcally recorded. MY person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, indMduals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross·examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462·1777 or TOD (561) 462-1428 at least forty·eight(48) hours prior to the meeting. ' '-' ...... ...., ...., . FEBRUARY 6, 2001 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME 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 UIÙess a Commissioner so requests. REGULAR AGENDA ITEMS- 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 Tuesdays at 7:00 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 AM., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready 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 for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., UIÙess otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TOO (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' "'" ""'" ...., www.stlucieco.gov John D. Brnhn Dong Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS . AGENDA February 6, 2001 7:00 P.M. it ~~~5~ &u.hN - Ato5tL..J- INVOCATION PLEDGE OF ALLEGIANCE Af{)(O~ I. MINUTES Approve the minutes of the meeting held January 23, 2001. 2. PROCLAMATION/PRESENTATION f\.£P~ Resolution No. 01-59/ Florida Healthy Start Coalition - Consider staff recommendation to adopt the resolution urging the Governor of the State of Florida, and the Florida Legislature to restore full funding to the Florida Healthy Start Coalition IWdget. i1OD(~cÞ !t.'{IJ..JwÅ -\<>l\61.u¡y-,~ (!.e.. ~.~ ~ 'í c- B. Presentation! Savannas Master Plan - Consider staff recommendation to ~ .. approve the Savannas Recreation Area Master Plan. \~ __I' CDChOL-c-l~!o ßrc..-.--,d~ - -¡-e.1.Lv;~~ '-n1=:<'n~,:> 3. GENERAL PUBLIC COMMENT @ ¥'v\..a.< lee. _ Lo.\u.s @¡..'«)bL-.- La..-ka. ~ +0 \QL ~c.l.e.o..-n e...d . ~ 4. CONSENT AGENDA (9) ~~ ç. Cco,lv-.e.rH-e-Ve.J ~+-r, +w.. = ~'D~ ŒJr.o..-n<l.,e...':V ~.~ .I; \:),t,+r.\O...J.o.J -\0 CO."...,.....í~';>'ð)- v:. 'l ~CL ~ eN- Sßr.r~ - A~ C:t.cocLv,.,~ - ~C!.(t..,.-,¡:>f""'" PUBLIC HEARINGS ~~~wtJ ~~ --;--.. V'^:.~~~\Je&. ~ MANAGEMENT AND BUDGET - ~ -;---.. - \.Ò '~ -"7" J/lý. Lo~ ~ Lßr~ ~~, SA. Arts in Public Places Trust Fund Budget / Bu get Resomtfo'n1fcto'ì-'57~'sider staff recommendation to approve the budge resolution establishing the budget for the Arts in Public Places Trust Fund 0 facilitate the proper funding in compliance with the ordinance. 7 +-\eA.\-::, \30" <! J,- _ ~ ;~!o '-'.:>~ ~~¡...,....,~ ~O~!) Išo~ L,U..L ç'~e.., ex-.~ ç:>~::t -ComfY"). U. Q.o......,.."c.l- use. 6l í2A..:»""",,"<¡,~ ~ 'l) _~~K~D~L2.u.<~- NOTICE' All Proceedings before this Board are electronically recorded. An)' person who ilècldes to appeal any Lùcl~ action taken by the BoariJ at these meetings wiII peed. a record of the proceedmgs and for such purpose may !leeiJ ~ to ensure that a verbatim record of the proceedmgs IS made. Upon the request of any party to the proceedmgs, ~ ~ individuals testifying during a hearing wiII be sworn in. Any party to the proceedìngs wiII be granted the . opportunity to cross-examine any indivl~ual tes.tifying during a hearing upon r~quest. Anyone witli. a disabi.lity requiring accommodation to attend thIs meetmg sliould contact the Sf. LucIe County CommuDlty Serv.ces Manager at (561) 462-1777 or TDD (561) 462-142'8 at least forty-eight(48) hours prior to the meeting. A. ~f'(~ 4-0 '-' '-' -' ...., REGULAR AGENDA FEBRUARY 6, 2001 PAGE TWO PUBUC HEARìNGS (CONTINUED) COM1\1UNITY DEVELOPMENT 5B. Resolution No. 01-006 /Ouasi- judicial/Duke Energy Ft. Pierce, LLC - Consider staff recommendation to approve the resolution granting a change in zoning from the IH (Industrial Heavy) Zoning District to the U (Utilities) Zoning District to allow for the construction of a 56,900 square foot electric generating plant. Location: Southeast side of Glades Cut-Off Road, approximately one mile southwest of the intersection of Glades Cut-Off Road and Selvitz Road. ~P(D~ 1..\-0 5C. Resolution No. 01-007 /Ouasi- Tudicial / Duke Energy Ft. Pierce Generating Station- Consider staff recommendation to approve the resolution, subject to the cited .iìo dJ conditions, granting a Conditional Use Permit and Major Site Plan approval for a . ~f'(~ new 56,900 square foot, 640 megawatt, electric generating plant. Location: L \ _ 0 Southeast side of Glades Cut-Off Road, approximately one mile southwest of the ì intersection of Glades Cut-Off Road and Selvitz Road. ~ ~e.~~ CJ.aAÃ.g,J~\S'I... EM- ~o-.c:.k.'':'f ~ ~" ~\\ 'O<..vt..<\À.~' Attoft.(1~ v.:9; \\ \M.J..L-\- -¥'O~ <5Y-- -p.~ ~"""-"t-. ~ ,-;") End of Public Hearings '1OG-d e.c.,..,-.çìu..~ ~-\-\vY\.L0\... c..O. -, 6. COUNTY ATTORNEY A. Smithsonian Marine Ecosystems Agreement Amendment No.1 - Consider staff recommendation to approve the amendment and authorize the Chairman to sign the amendment. Aç~ ~-o B. Resolution No. 01-54 - Consider staff recommendation to adopt the resolution supporting increased state funding for Regional Planning Councils. SrP{~J l\-o c. Paleo Hammock/ Browning Property Offer - Consider staff recommendation to deny the counteroffer due to the fact that the counteroffer significantly 'ÍJl.A.l \ - K-t ·~d.vexceeds the maximum approved value established by Florida Communities I-- '-Iî€.¥t- Trust. wu).c..,. > Wll ()¥*'b~ o..ù! L.o..nd.~ LA.':.-t- "(")O-)1"r-1.~ Ce~ 7. PUBLIC WORKS ~Jl.c- . " ~.e. ....v... @J 5'.oDf'"'"" --I-od.~. "l \ .1. <. Lennard Road Right-of-Way Clearing - Consider the reaues! of the Savanna Club to ~-T ""'-1L clear the Lennard Road right-of-way. uc&u:l rLLL~ '-VYW-. ~ 'i. 9. ~ ~ ~ '-\r(\.rt.. 'f~t.U.(, ~ ~ 11 0 a,...- d ì .s t-3 t>f- l~.v...d -k:, ~o-r- ~ v'ù.-í~ ~ SA-.¡~~." 1. '-" ....... CONSENT AGENDA February 6. 2001 '-' ...., A-pp~J LA:);+,,- f\j o-+ecA cv.~~ e.y WARRANTS LIST Approve warrants list No. 17 and No. 18 2. COUNTY ATTORNEY A. First Amendment / September 25, 2000 Contract with Earth Remediation, Inc. - Consider staff recommendation to approve the amendment and authorize the Chairman to sign the amendment. B. Emergency Debris Removal Contracts - Arbor Tree and Land, Ine. / Grubbs Construction Company / Crowder/Gulf Joint Venture - Consider staff recommendation to approve the 3 contracts, and authorize the Chairman to sign the contracts. C. Addendum 1 to Option Agreement for Sale and Purchase / Environmentally Significant Land Program / North Fork of the St. Lucie River Addition - Consider staff recommendation to authorize the Chairman to sign the Addendum 1 and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. D. Contract for Sale and Purchase / Midway Road/Glades Cut-Off Road Intersection Improvements / Chumagali and Helen Ali Parcel - Consider staff recommendation to approve the Contract for Sale and Purchase in the amount of $ 5,000 plus closing costs, authorize the Chairman to execute the Contract and direct staff to proceed with closing and record the documents in the Public Records of St. Lucie County. E. Resolution No. 01-58 / Warranty Deed / Hess Express - USl and Kitterman Road / Right-of-Way Donation - Consider staff recommendation to accept the Warranty Deed from Amerada Hess Facilities Business Trust, authorize the Chairman to execute Resolution No. 01-58, and instruct staff to record Resolution No. 01-58 and the Warranty Deed in the Public Records of St. Lucie County, Florida. F. --P~la.d - G. -PY-;Dr -±p \..W)€-e:r''r>~ \2.e _~a.... H. Petition to Abandon / Eventide Unit 2 / Permission to Advertise - Consider staff recommendation to grant permission to advertise a Public Hearing to be held on March 6, 2001 at 7:00pm, or as soon thereafter as possible. - Unity of Title Agreement - Consider staff recommendation to approve the proposed Unity of Title Agreement with Amerada Hess Facilities Business Trust No. 1998-1, and authorize the Chairman to sign the agreement. InterlocalAgreement with the City ofVero Beach/Water Service to Branand Residence on North Hutchinson Island - Consider staff recommendation to approve the interlocal agreement and authorize the Chairman to sign the agreement. '-" CONSENT AGENDA FEBRUARY 6, 2001 PAGE TWO '-' ...., ...., 2. COUNTY ATTORNEY (CONTINUED) I. '1> ull e..d ~. +0 ~(I ~ €.e)-"( ~ 'l<-e.-a.c.,~di a... LG.-..I\-L.r 3. . Resolution No. 01-60/ Ten Mile Creek - Consider staff recommendation to adopt the resolution supporting public access to the shoreline of Ten Mile Creek Water Preservation Area Site and improvement of the quality of waters within Ten Mile .Creek and the North Fork of the St. Lucie River; and encouraging the South Florida Water Management District and the United States Army Corps of Engineers to incorporate a multi-use recreational trail system along the shoreline of Ten Mile Creek. MANAGEMENT AND BUDGET A. Budget Resolution No. 01-45 - Consider staff recommendation to approve the budget resolution to appropriate and expend funds from the St. Lucie Cultural Affairs Council mini-grants in the amount of $1,250. B. Budget Resolution No. 01-53 - Consider staff recommendation to adopt the resolution recognizing the anticipated $100,000 contribution from the City of Fort Pierce for the Smithsonian Marine Ecosystem Exhibit. 4. INFORMATlON TECHNOlOGY Equipment Request No. EQ01-228 / Budget Amendment No. BAOI-123 - Consider staff recommendation to approve the budget amendment and equipment request for the purchase of replacement Firewall Software in the amount of $15,864. 5. PUBLIC WORKS A. Road & Bridge / Award of Bid No. 01-008 - Consider staff recommendation to award the bid for Aquatic Vegetation Control of D.R.O.W., W.W., Lakes & Ponds to the low bidder, Aquagenix, in an amount not to exceed $50,000, and authorize the Chairman to sign the contract as prepared by the County Attorney. .&0 B. Road & Bridge / Amendment to Bid No. 01-008 - Consider staff recommendation to amend the bid for Aquatic Vegetation Control of D.R.O.W., WoW., Lakes & Ponds to properly identify the North 13th Street and Avenue Qsite at $67.00 per application, and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Roadway Transfer Agreement / Aico Rd / Resolution No. 01-56 - Consider staff recommendation to approve the resolution and Roadway Transfer Agreement for Aico Road to be transferred from the Florida Department of Transportation to St. Lucie County for ownership and maintenance, and authorize the Chairman to sign the agreement. '-' CONSENT AGENDA FEBRUARY 6, 2001 PAGE THREE "-' "-' ...., 5. PUBLIC WORKS (CONTINUED) . D. Roadway Transfer Agreement / Copenhaver Road / Resolution No. 01-055 - Consider staff recommendation to conceptually approve the Roadway Transfer Agreement and resolution for Copenhaver Road to be transferred from the Florida Depa~tment of Transportation to St. Lucie County for ownership and maintenance, and authorize the Chairman to execute the agreement. E. Permission to Advertise - Consider staff recommendation to grant permission to advertise for a public hearing to be held on March 6,2001 at 7:00 pm, or as soon thereafter as possible, to consider the application of Howard Baggett for a mining permit. Location: Southwest of 1-95, North of Access Road, West of Rock Road, and East of NSLRWCD C-41 Canal. F. Work Authorization No.5 / Indian River Lagoon Trace Pathway - Consider staff recommendation to approve the work authorization to Contract No. C98-01-216 with Glatting Jackson, in an amount not to exceed $5,000, for design services for the Pathway along State Road AIA. G. Solid Waste / Request for Proposals - Consider staff recommendation to CV\.\.~ grant permission to advertise a Request for Proposals for the most ~ beneficial use of landfill gas at the Glades Road Landfill. ~;\ u.m~c... CA\<..--\-c:ù~ \.O{S.~ "'VoA.~ H. Equipment Request No. EQOI-229 and EQ:tn-230 / Budget Amendment No. 01-124 - Consider staff recommendation to approve the equipment requests and budget amendment for the purchase of additional hardware and software for the document imaging project in the Building & Inspection Division in the amount of $55,500. 6. ADMINISTRATION Commissioner / County Administrator Travel- Consider staff recommendation to grant authorization for in or out-of-state travel for the County Administrator and any member of the Board during the FY 00-01 fiscal year. 7. LEISURE SERVICES A. Department of Community Affairs Florida Coastal Management Program Grant / Permission to modify Grant and Equipment Request No. EQOI-222 - Consider staff recommendation to authorize the 2nd modification request to the grant, authorize the Chairman to execute the official modification document, and approve the modified equipment request. B. Children's Services Council (CSC) Grants - Consider staff recommendation to grant approval to apply for three Children's Services Council (CSC) grants, approve the use of $ 5,366.86 from Park "An Impact Fees as matching funds, and acceptance of CSC grant dollars that are approved. '-' ....... "'atttI ...., CONSENT AGENDA FEBRUARY 6, 2001 PAGE FOUR 8. COMMUNITY DEVELOPMENT . Magnum Environmental Railroad Spur Project / Work Authorization Amendment with Lindahl, Browning, Ferrari & Hellstrom, Inc. - Consider staff recommendation to grant permission to amend the scope of services and direct staff to proceed with the necessary steps to complete it's processing. I DianeTurn~PULL TWO ITEMS~~- .. . .___ """ .. =-- .=.. Page 1 I -' From: To: Date: Subject: Diane Turner agenda Thu. Feb 1,200 :18 PM PULL TWO MS eceiving additional information, and these items will be Please pull item C-2G an re-agendaed. ~ p '({eN ~~ y vovCJ/ AJ j) ~&J ~L0-J ~ ~- cþ / (~ '-' 'wi . FEBRUARY 6, 2001 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME 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 ITEMS- 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 Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready 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 for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitme 1ts. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County CommUIÙty Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' ...., www.stlucieco.gov John D. Brnhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 DistrictS ßOARD OF COUNTY COMMISSIONERS . AGENDA February 6, 2001 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held January 23,2001. 2. PROCLAMATION/PRESENTATION A. Resolution No. 01-59 / Florida Healthy Start Coalition - Consider staff recommendation to adopt the resolution urging the Governor of the State of Florida, and the Florida Legislature to restore full funding to the Florida Healthy Start Coalition Budget. B. Presentation / Savannas Master Plan - Consider staff recommendation to approve the Savannas Recreation Area Master Plan. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBliC HEARINGS MANAGEMENT AND BUDGET SA. Arts in Public Places Trust Fund Budget / Budget Resolution No. 01-57 - Consider staff recommendation to approve the budget resolution establishing the budget for the Arts in Public Places Trust Fund to facilitate the proper funding in compliance with the ordinance. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boaril at these meetings will need a record ofthe proceedmgs and for snch purpose may neeil to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any par~ to the proceedings will be granted fhe opportunity to cross-examine any indivIdual testifying during a hearingupon request. Anyone with a disability requiring accommodation to attend this meeting_should contact the-St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' 'wi REGULAR AGENDA FEBRUARY 6, 2001 PAGE TWO PUBUC HEARiNGS (CONTINUED) COMMUNITY DEVELOPMENT 5B. Resolution No. 01-006 /Ouasi- Tudicial/ Duke EnergyFt. Pierce, LLC - Consider staff recommendation to approve the resolution granting a change in zoning from the IH (Industrial Heavy) Zoning District to the U (Utilities) Zoning District to allow for the construction of a 56,900 square foot electric generating plant. Location: Southeast side of Glades Cut-Off Road, approximately one mile southwest of the intersection of Glades Cut-Off Road and Selvitz Road. 5C. Resolution No. 01-007 /Ouasi- Tudicial / Duke Energy Ft. Pierce Generating Station- Consider staff recommendation to approve the resolution, subject to the cited conditions, granting a Conditional Use Permit and Major Site Plan approval for a new 56,900 square foot, 640 megawatt, electric generating plant. Location: Southeast side of Glades Cut-Off Road, approximately one mile southwest of the intersection of Glades Cut-Off Road and Selvitz Road. End of Public Hearings 6. COUNTY ATTORNEY A. Smithsonian Marine Ecosystems Agreement Amendment No. 1 - Consider staff recommendation to approve the amendment and authorize the Chairman to sign the amendment. B. Resolution No. 01-54 - Consider staff recommendation to adopt the resolution supporting increased state funding for Regional Planning Councils. C. Paleo Hammock / Browning Property Offer - Consider staff recommendation to deny the counteroffer due to the fact that the counteroffer significantly exceeds the maximum approved value established by Florida Communities Trust. 7. PUBLIC WORKS Lennard Road Right-of-Way Clearing - Consider the request of the Savanna Club to clear the Lennard Road right-of-way. ¥ ~ CONSENT AGENDA February 6. 2001 1. WARRANTS LIST Approve warrants list No. 17 and No. 18 2. COUNTY ATTORNEY A. B. c. D. E. F. ~. P/~ First Amendment / September 25, 2000 Contract with Earth Remediation, Inc. - Consider staff recommendation to approve the amendment and authorize the Chairman to sign the amendment. Emergency Debris Removal Contracts - Arbor Tree and Land. Inc. / Grubbs Construction Company / Crowder/Gulf Joint Venture - Consider staff recommendation to approve the 3 contracts, and authorize the Chairman to sign the contracts. Addendum 1 to Option Agreement for Sale and Purchase / Environmentally Significant Land Program / North Fork of the St. Lucie River Addition - Consider staff recommendation to authorize the Chairman to sign the Addendum 1 and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Contract for Sale and Purchase / Midway Road/Glades Cut-Off Road Intersection Improvements / Chumagali and Helen Ali Parcel - Consider staff recommendation to approve the Contract for Sale and Purchase in the amount of $5,000 plus closing costs, authorize the Chairman to execute the Contract and direct staff to proceed with closing and record the documents in the Public Records of St. Lucie County. Resolution No. 01-58 / Warranty Deed / Hess Express - USl and Kitterman Road / Right-of-Way Donation - Consider staff recommendation to accept the Warranty Deed from Amerada Hess Facilities Business Trust, authorize the Chairman to execute Resolution No. 01-58, and instruct staff to record Resolution No. 01-58 and the Warranty Deed in the Public Records of St. Lucie County, Florida. Petition to Abandon / Eventide Unit 2 / Permission to Advertise - Consider staff recommendation to grant permission to advertise a Public Hearing to be held on March 6, 2001 at 7:00pm, or as soon thereafter as possible. Unity of Title Agreement - Consider staff recommendation to approve the proposed Unity of Title Agreement with Amerada Hess Facilities Business Trust No. 1998-1, and authorize the Chairman to sign the agreement. InterlocalAgreement with the City ofVero Beach/Water Service to Branand Residence on North Hutchinson Island - Consider staff recommendation to approve the interlocal agreement and authorize the Chairman to sign the agreement. Iíw' CONSENT AGENDA FEBRUARY 6, 2001 PAGE TWO ...., 2. COUNTY ATTORNEY (CONTINUED) . I. Resolution No. 01-60/ Ten Mile Creek - Consider staff recommendation to - . ~ adopt the resolution supporting public access to the shoreline of Ten Mile fi Vf Creek Water Preservation Area Site and improvement of the quality of j¡l waters within Ten Mile.Creek and the North Fork of the St. Lucie River; and encouraging the South Florida Water Management District and the United States Army Corps of Engineers to incorporate a multi-use recreational trail system along the shoreline of Ten Mile Creek. 3. MANAGEMENT AND BUDGET A. Budget Resolution No. 01-45· Consider staff recommendation to approve the budget resolution to appropriate and expend funds from the St. Lucie Cultural Affairs Council mini-grants in the amount of $1,250. B. Budget Resolution No. 01-53 . Consider staff recommendation to adopt the resolution recognizing the anticipated $100,000 contribution from the City of Fort Pierce for the Smithsonian Marine Ecosystem Exhibit. 4. INFORMATION TECHNOLOGY Equipment Request No. EQOI-228 / Budget Amendment No. BAOI-123 - Consider staff recommendation to approve the budget amendment and equipment request for the purchase of replacement Firewall Software in the amount of $15,864. 5. PUBLIC WORKS A. Road & Bridge / Award of Bid No. 01-008 - Consider staff recommendation to award the bid for Aquatic Vegetation Control of D.R.O.W., W.W., Lakes & Ponds to the low bidder, Aquagenix, in an amount not to exceed $50,000, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Road & Bridge / Amendment to Bid No. 01-008 - Consider staff recommendation to amend the bid for Aquatic Vegetation Control of D.R.O.W., W.W., Lakes & Ponds to properly identify the North 13 th Street and Avenue Qsite at $67.00 per application, and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Roadway Transfer Agreement / Aico Rd / Resolution No. 01-56 - Consider staff recommendation to approve the resolution and Roadway Transfer Agreement for Aico Road to be transferred from the Florida Department of Transportation to St. Lucie County for ownership and maintenance, and authorize the Chairman to sign the agreement. ""'" CONSENT AGENDA FEBRUARY 6, 2001 PAGE THREE 'wII 5. PUBLIC WORKS (CONTINUED) . D. Roadway Transfer Agreement / Copenhaver Road / Resolution No. 01-055 - Consider staff recommendation to conceptually approve the Roadway Transfer Agreement and resolution for Copenhaver Road to be transferred from the Florida Depa¡;tment of Transportation to St. Lucie County for ownership and maintenance, and authorize the Chairman to execute the agreement. E. Permission to Advertise - Consider staff recommendation to grant permission to advertise for a public hearing to be held on March 6, 2001 at 7:00 pm, or as soon thereafter as possible, to consider the application of Howard Baggett for a mining permit. Location: Southwest of 1-95, North of Access Road, West of Rock Road, and East of NSLRWCD C-41 Canal. F. Work Authorization No.5 / Indian River Lagoon Trace Pathway - Consider staff recommendation to approve the work authorization to Contract No. C98-01-216 with Glatting Jackson, in an amount not to exceed $5,000, for design services for the Pathway along State Road AIA. G. Solid Waste / Request for Proposals - Consider staff recommendation to grant permission to advertise a Request for Proposals for the most beneficial use of landfill gas at the Glades Road Landfill. H. Equipment Request No. EQOI-229 and EQOI-230 / Budget Amendment No. 01-124 - Consider staff recommendation to approve the equipment requests and budget amendment for the purchase of additional hardware and software for the document imaging project in the Building & Inspection Division in the amount of $55,500. 6. ADMINISTRATION Commissioner / County Administrator Travel- Consider staff recommendation to grant authorization for in or out-of-state travel for the County Administrator and any member of the Board during the FY 00-01 fiscal year. 7. LEISURE SERVICES A. Department of Community Affairs Florida Coastal Management Program Grant / Permission to modify Grant and Equipment Request No. EQOI-222 - Consider staff recommendation to authorize the 2nd modification request to the grant, authorize the Chairman to execute the official modification document, and approve the modified equipment request. B. Children's Services Council (CSC) Grants - Consider staff recommendation to grant approval to apply for three Children's Services Council (CSC) grants, approve the use of $ 5,366.86 from Park "A" Impact Fees as matching funds, and acceptance of CSC grant dollars that are approved. "'"" ...., CONSENT AGENDA FEBRUARY 6, 2001 PAGE FOUR 8. COMMUNITY DEVELOPMENT . Magnum Environmental Railroad Spur Project / Work Authorization Amendment with Lindahl, Browning, Ferrari & Hellstrom, Inc. - Consider staff recommendation to grant permission to amend the scope of services and direct staff to proceed with the necessary steps to complet.e it's processing. """. UI'tllFICIAL -subject to Board approval , . Clerk of Circuit Court BOARD OF COUNTY COMMISSIONERS 10 ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 23,2001 Tape: 1-2 Convened: 7:02 p.m. Adjourned: 9:53 p.m. Commissioners Present: Chair, Frannie Hutchinson, Doug Coward, Paula A. Lewis, Cliff Barnes, John D. Bmhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw. Asst. County Administrator. Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Dennis Murphy, Asst. Community Development Director, Ray Wazny, Public Works Director, Pete Keogh. Leisure Services Director, Paul Phillips, Airport Director, Bill Blazak Utilities Director, Marie Gouin. M & B Manager, Don West, County Engineer, Don Cole, Acquisitions Manager, Roger Shinn, Central Services Manager, David Kelly, Planning Manager, GayIa Barwick, Tourism Manager, A. Millie Delgado, Deputy Clerk (Sheriffs office deputy was present, no name given) 1. MINUTES (1-037) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the minutes ofthe meeting held January 16, 2001; and, upon roll call, motion carried unanimously. 2. PROCLAMATION/PRESENT ATIONS(I-043) A presentation was made regarding the Sunrise Theatre and requested funding for it's remodeling was given by John Wilkes, Max King, Mike Brown, Sr., and Michael Horowitz. Those representing the Sunrise Theatre revival requested assistance from the county in an amount of$2 million through a time span of it's remodeling. Com. Barnes stated he did not mind one time capital assistance, but, would not fund continued operations of the theatre. Com. Coward reminded those present as well as the Board that this coming year's budget was at a shortfall and although he was in favor of the project, he hoped staff would pursue finding funding sources other than the general fund for the project. Mr. Brown suggested cutting back on the expenses of the Civic Center which operates at a funding shortfall every year. It was the consensus of the Board to direct staff to actively pursue finding funding sources for this project and return to the Board for review and approval and to also keep in contact with members of the Sunrise theatre. -1- ....... U~CJAI-sutirect i.' to Board approval ^ » Clerk of Circuit Court 3. GENERAL PUBLIC COM11ENTS io Mr. Bob Bangert, Conservation Alliance President, addressed the Board in opposition to the proposed lighting at the port and specifically the Harbor Pointe parcel which he feels should not be considered part of the port project. Ms. Brenda Noel. Treasure Coast Food Bank representative, addressed the Board regarding the waiving of fees for the Amphitheater. She also addressed the needed repairs of the theater. 4. CONSENT AGENDA(1-113) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the Consent Agenda with item C-7B being withdrawn by staff, and to include approval of the additions A-I; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 16. 2. CENTRAL SERVICES Contract Amendment- The Board approved the amendment to the contract for Chuck Enns Construction Co., Inc., to include the Lawnwood tennis court restrooms in the amount of $10,890 and authorized the County Attorney to prepare the contact amendment. 3. COUNTY ATTORNEY A. Rouse Road MSBU Project/Acceptance of Right of Way and EasementsIResolution No. 01-38(Lightle), Resolution No. 01-39 (Hendren), and Resolution No. 01-40 abd 01-41 (Anchor Enterprises, Inc.) The Board approved accepting the Lighhtle deed, the Hendren easement and the Anchor Enterprises, inc., easements and authorized the Chairman to sign the resolutions and directed staff to record the documents in the Public Records of St. Lucie County, Florida. B. Tract "G" Holiday Pines DonationlResolution No. 01-43- The Board approved accepting the Warranty Deed for Tract "G" (Culpepper and Terpening, Inc.) Authorized the Chairman to sign the resolution and directed staff to record the resolution in the Public Records ofSt. Lucie County, Florida. C. Angle Road Property Donation(Kondos) Resolution No. 01-42- The Board approved accepting the Warranty Deed, authorized the Chairman to sign the resolution and directed staff to record the documents in the Public Records ofSt. Lucie County, Florida. D. Addendum to Option Agreement for Sale and PurchaselEnvironmentally Significant Land Program- The Board approved authorizing the Chairman to sign the Addendum 1 and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. E. InterIocal Agreement- The Board approved the proposed InterIocal Agreement with the St. Lucie County School Board for the Transportation for the 2151 Century Grant and authorized the Chairman to sign the agreement. -2- "'" 'WI I. , .' -£- .. 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Midway Road and Glades Cut Off Road Intersection- The Board expressed concerns with this project and those developers who were to participate in the funding of this project being off the hQPk. Staff withdrew this request until they could meet with the appropriate parties to discuss the funding of the project and reschedule this for another date. Com. Barnes questioned what he thought was required years ago, that the Reserve developers when they reached a certain level of sales or development in our community, they would have to improve the intersection. And also, he thought the LTC Ranch had some requirement of improving the intersection. Our improvements would cost the taxpayers $1.8 million or more and he asked that before they spend the public's money improving the intersection, he would like to know exactly what the Reserve was required to do to improve the intersection aiId plan to what extent. Also, the LTC Ranch, his understanding is that this ranch borders Midway Road and Glades Cut Off and he felt why should the county improve the intersection, giving them the green light for development. He does not wish to spend the public's money to extend the intersection unless thcre was some type of contribution from the Reserve and the LTC Ranch. The Asst. Community Development Director stated the Reserve development order has three conditions which relate to the intersection of Glades Cut Off and Midway Road. These are conditions 55A, 55B and 55C. Those were amended in 1996/97 to address some requests by the developers at that time for some clarifications and some issues relative to the intersection improvements which resulted in that they were required to post a bond which we have since used or are in the process of using, to bring the intersection up to a minimum level of service "D", and, he believes this was accomplished through signalization modification and installation. In addition, 55A, B and C, outlined a series oflane adjustments which have to be done at that point, based upon certain development thresholds tied into the project itself. Normally, a condition is worded as "you shall not get a building permit, until these improvements are contracted for". These conditions however, were crafted and negotiated and discussed and ultimately approved in a manner that says, "thou shalt not get a building permit until either the improvements are in, or, the improvement project is identified by as being funded by the county's capital improvement program". Clearly, the improvements have not been put in, but, the project has been in the county's capital improvement project for the last couple of years as we have been assembling money to go out there and build it and thus the terms of those conditions as they relate to the Reserve are satisfied. By his reading of this right now, he is not sure there is anything they can do to go back to the Reserve at the moment and say you shall pay to the county additional money for this intersection. The LTC Ranch has condition 17E in the county's development order that addresses the intersection of Midway and Glades Road Cut Off. The triangular portion of the land was annexed into the City of Port St. Lucie and they adopted a development order that covers the same area. In the development order it states, " no building permits are to be issued until the contracts have been let and bonded with St. Lucie County for the construction of the intersection improvements outlined below which basically adds turn lanes and so forth. The only time obligation that LTC Ranch would have in this regard is, if they want to build out there, they have to come in and do the improvements or see that the County has enough money to do the improvements," ifthey wish to sit on their hands until this happens, this is also their choice. Mr. Scott Herring, Road and Bridge advised the Board that after discussing this with the Asst. Community Development Director before the meeting, and discussing this with the Commissioners, he wanted to inform them that this was to provide conceptual approval of relocating the pond site. -4- ....... UNorV;'AL -subject to Board approval I. . . Cle¡'k of Circuit Court What they can do from this point forward based on the direction of the Commission is, go forward and look at these conditions in the LTC development order and say yes, if we need to meet this condition in àder to go forward and that would be part of the negotiations ofrelocating the pond site where it would work both for the county, the LTC Ranch and the City of Port St. Lucie. Before any agreement is finalized to move forward, they would bring this back after it has been prepared and reviewed by the County Attorney for the Board's approval. What they were asking for tonight is permission to go forward in light ofthis and negotiate with all the parties, to work out an agreement that is acceptable for all and bring it back to the Board for approval. Com. Barnes stated he did not wish to move forward at all until contributions are received from the LTC developers and would like for the County Attorney to make the decision if the Reserve also falls into this since they were originally on the hook. He does not recall voting for letting the Reserve off the hook to the tune of over $1 million and would like for staff to research how they were let off that hook and the taxpayers put on that hook to fund this project. The LTC Ranch and the Reserve will profit greatly from this intersection and they should help pay for it. End of comments. ADDITIONS A-I Grant Application/Resolution No. 01-52- The Board approved the application for the Shirley Conroy Rural Area Capital Equipment Support Grant administered by the Florida Commission for the Transportation Disadvantaged, authorized the Chairman to sign all the documents necessary to execute the appIicationand approved Resolution No. 01-52. REGULAR AGENDA 5. COUNTY ATTORNEY (1-270) A. Resolution No. 01-49- Right of Way AbandonmentlDixieIand S/D- Consider staff recommendation to approve the resolution, instruct staffto publish the final Notice of Abandonment, record Resolution No. 01-49, Proof of Publication of the Notice of Public hearing and Proof of Publication ofthe Notice of Abandonment in the Public Records of St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Bruhn, to approve Resolution No. 01-49; and, upon roll call, motion carried unanimously. B. COMMUNITY DEVELOPMENT(1-27l8) Resolution No. 01-005- Community Development Block Grant World of Plastics/Oleander Business Park- Consider staffrecnmmendation to approve the resolution authorizing a six month time extension. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 01-005; and, upon roll call, motion carried unanimously. C. Resolution No. 01-003/Miami Latin Church of God - Consider staff recommendation to approve the resolution granting a change n zoning from AR-I Zoning District to RF Zoning District to allow for the establishment ofa church facility. This item was continued from the January 9,2001 meeting. -5- "'" U~~F'C'AL -subject to Board approval ...;,' Clerk of Circuit Court Mrs. Arlene Goodman, White City Improvement Club President and also as an area resident, addressed the Board in favor of this facility. Mrs. Goodman submitted 2 letters recommending .. approval. Mr. Hinkel, addressed the Board in favor ofthis facility. Mr. Jeff Goodman, area resident, addressed the Board in favor of the facility. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 01-003; and, upon roll call, motion carried unanimously. D. Resolution No. 00-1 37/Guardian Self Storage- Consider staff recommendation to approve the resolution, subject to the cited conditions, granting a Conditional Use Permit and Major Site Plan Approval for a new 109,610 sq. foot mini warehouse and self storage facility. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No.00-137; and, upon roll calI, motion carried unanimously. 6. ADMINISTRATION A. Grapefruit FestivaI- Consider the request of Jeanette Walsh of the Tribune for a $1,192.16 contribution to cover rental fees for the Grapefruit Festival. [J'~~§'¡.r¡l.r¡J~~¡m§ B1'ì1'R~J?;.~~~'¡ B. Port ofFt. Pierce Security Plan- Consider Ft. Pierce Harbor Advisory Committee recommendation to approve the plan with the cited conditions. The Asst. County Administrator advised the Board that in reviewing the recommendations, staff recommends that the funding requests for the security lighting remain in the plan for the following reasons: The Harbor Pointe property does not have any electrical services or service lighting at this time. Utilizing the funds would be a vital option of funding these improvements. Also it would be beneficial to the county to keep this avenue for funding open for future security related improvements. Staff concurs with the Advisory Committee in it's recommendation to delete the request for funding for the fencing. Com. Barnes questioned the lighting for Harbor Pointe and stated he did not wish for it to be lit up like a baseball field. The Asst. County Administrator advised the Board that the intent is to go ahead and apply for the funding and if we are funded, we do not need to accept it. In the application they included funds for design to make sure they have the proper lighting design for the property. These are not FSTED dollars. The County is responsible for security of the property they own. Com. Bruhn stated he could not see lighting an area that is not accessible and is locked. -6- ""' UNOFFIWl-subject to Board approval I. .~ ." ", ,. .,' Ci ,cuit Court The County Administrator advised the Board that the private property owners are responsible for their own security. Com. Coward commen~ed on Mr. Bangert's previous remarks and stated he did not see cargo stated in this in any way shape or form. The intended form for Harbor Pointe was commercial and recreation uses not cargo. Mr. Bangert stated, the state recommendation has asked them to make security for the Port. It does not say non-port areas. In our county, the county does not own any Port property. The minute funds are accepted from the state to put on Harbor Pointe, it automatically becomes Port property and then in the future it will be open to cargo expansion in the area because you have made it Port property. Com. Coward stated that the Mixed Use Charrette and the Port Plan includes cargo tq the south, flex zone in the middle and commercial/recreational to the north. He considers that northern third that's non-cargo to be a part of the Port. The way he is thinking ofthe Port is a mix of uses and they are attempting to tap into funding sources which would help the county full fill a non- cargo related component of this mixed use Port Charrette which is the commercial area to the north. Mr. Bangert disagreed and stated they are designating, by accepting these funds, that Harbor Pointe is part of the Port property. Com. Lewis stated she does not see where Sea Port equals Cargo Port. Harbor Pointe is part of the plan considered during the Charrette, whether you put a hotel there are small ships around the perimeter, it is still part ofthe plan and does not see in any way how a Sea Port equals a Cargo Port. Mr. Bill Hearn, Indrio Road resident stated that he felt that before anymore discussion goes on relative to the Port, the county needs to decide what the words Sea Port, Cargo Port, Port, Flex Zones mean. This is the only way you can have a meaningful dialogue. He stated he was concerned and uncertain that what the county wanted to do with the lighting funds, was what the Port's Council wanted the county to do with the funds. He believes that if the county does receive the funds the county will be expected to use them in a cargo port situation for security purposes. Com. Coward addressed Mr. Hearn's comments. The County Attorney suggested that when the county responds, and if the Board decides to go ahead and apply for the lighting, they can reiterate what the County Administrator has said that, the County does not own any cargo related areas and the only parcel ofland we do own is for recreational and marine commercial use and the county has no intention of using this as a cargo area, but, would like to light the area if funds are available for that purpose, understanding that the property is not being allocated or will ever be allocated for cargo use. Com. Hutchinson stated the type oflighting is not set in stone and it is coming down as recommendations to be changed and brought forward. The options are still there. The Ass!. County Administrator stated in the affirmative, however, this would be the key to keep the avenue open for funding. The County Administrator stated they would contact the city ofF!. Pierce tomorrow and talk to them regarding the lighting on second street. -7- ""'" UN°CtIAL -subject i~O Board approval "",,,' Clerk of C¡-cuit Court The Representative from Indian River Tenninal stated there is some confusion with this issue and he believes they have sent some correspondence to try to bring some clarification to this mattcr. ¡¡, It was moved by Com. Barnes, seconded by Com. Coward, to approve the County Attorney's language to the application; and, to also direct staff to contact the city ofFt. Pierce regarding the lighting on second street or a similar request they may have be included in the application knowing the funds may be turned down if not appropriate after implementation from the state; upon roll call, the vote was as follows: Nay: Bruhn, Aye's: Lewis, Coward, Barnes, Hutchinson, motion carried by a vote of 4 to 1. Com. Hutchinson requested staff continue to work and keep in contact with the private property owners. 7. PUBLIC WORKS( 2-1393) Joint Participation Agreement with FDOTlResolution No. 01-51- Consider staff recommendation to conceptually approve the Joint Participation Agreement with FDOT for construction of the Orange Avenue SR 8 Loop Road, approve the Resolution and authorize the Chainnan to sign the agreement. It was moved by Com. Bruhn, seconded by Com. Coward, to approve staff recommendation to include the correction on paragraph 1 (the word county changed to State); and, upon roll call, motion carried unanimously. 8. COUNTY ATTORNEY (2-1486) Resolution No. 01-32/FenderlResolution No. 01-33 (Miller) SR 68 Orange Avenue Loop Road- Consider staff recommendation to accept the Warranty Deeds, authorize the Chainnan to sign the resolutions and direct staff to record the documents in the Public Records of St. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 01-32; and, R- 01-33; upon roll call, motion carried unanimously. 9. INVESTMENT FOR THE FUTURE (2-1523) South 25th St./ST. James Landscaping Improvement (Airoso Blvd. To Midway Road)- Consider staff recommendation to approve landscaping and grant pennission to advertise for construction of Phase I Landscaping Improvements for the South 25th St./St. James Drive Corridor in the amount of$150,000. Mr. Jeff Smith, Houston, Cuozzo Group, addressed the Board on this issue. Com. Coward questioned the spacing of the trees for shade and asked if the trees could be placed closer to the sidewalks. Mr. Smith stated there were utility issues and constraints which had to be taken into consideration for the location, however, it could be reviewed again. Com. Coward asked if this had been taken to the homeowners for their input or recommendations. -8- ¥ ~NON"tC'Al-subject ,IO Board approval . . Clerk of Circuit Court Com. Hutchinson addressed Com. Coward's question and advised him of the meeting she had with them. She stated she felt it would be better to obtain the county's approval before taking it back to the homeowne~. They hoped to have a combination of funding, the County's, the Chamber's Adopt a Tree program and they also went to the City of Port St. Lucie, who turned it down. Mr. Bentencourt, North St. Lucie Homeowners Association, addressed the regarding the irrigation. Mr. Smith advised Mr. Bentencourt what area would be irrigated. Mr. Bentencourt stated that his arrangement with the Chamber was, that there would be irrigation before they do the adopt a tree program. He suggested Mr. Smith present this to the.. Homeowners Association at their next meeting before the Board makes a decision. After continued discussion, it was moved by Com. Bruhn, seconded by Com. Lewis, to present this to the Homeowners Association to get input and then come back to the Board ;and, upon roll call, motion carried unanimously. ADDITIONS A-2- Request for Proposal/Pennission to Advertise- Consider staff recommendation to grant permission to advertise a Request for Proposals to sell grapefruit on county owned land. Funds received will bel used for the Environmental Learning Center. It was moved by Com. Bruhn, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. Com. Lewis requested the Board ratify her appointment of Phillip Steel to the Harbor Advisory Committee; It was moved by Com. Lewis, seconded by Com. Coward to ratify Com. Lewis' appointment; 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 -9- 02/06/01 12:01 FAX 561 344 4111 PSL CR/FILM 14!1 01 '-' hE. G:' ZOD J . 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C?~_>'Yl'.S r./þNØ'~ .> ".-",.,.n ..... ,-_. -........ _. . .--..._..- .n"._ ...._ .. - ~_. ...- . -.. ~ _.-..,"' -.. .............-...----.....--....------.-.-...-.- - -_.- ,". _. -."-...'.'" "" '-..i BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA February 6, 2001 . CONSENT AGENDA LEISURE SERVICES Al Manatee Protection Plan / Ecological Associates, Inc. Contract Approval - Consider staff recommendation to approve the contract as prepared by the County Attorney, and authorize the Chairman to execute the contract in the amount of $41,500. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to enswe 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 proceed¡ngswill be granted the opportunity to cross-examine any individual testifying dwing a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the Sl Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-elght(48) hours poor to the meeting. /~ ~ ..." AGENDA REQUEST ITEM NO. ~ DATE: February 6, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Leisure Services S. Ann Smith SUBJECT: Manatee Protection Plan - Ecological Associates, Inc. Contract Approval BACKGROUND: On January 23,2001, the Board authorized staff to negotiate with the top ranked consulting firm, Ecological Associates, Inc., for the creation of a County Manatee Protection Plan FUNDS AVAiL.: 001262-72101-531000-700 (Professional Services) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the contract with Ecologicai Associates, Inc" as prepared by the Cpuntv. Attorney's office, and authorize the Chairman to execute. COlltract Amount ~s ~41,500. Anyone with a disability requiring accommodation to attend this meeting should contactthe SI. Lucie County Community Services Manager at (561) 462-1777 or TTD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [] DENIED [ ] OTHER: 4-0 ~<- Douglas Anderson County Administrator County Attorney:J ~. Menagement & Budget Originating Oept../' ~/ sVi!Þ Other: Finance: (Check for Copy only, if applicable) ~ Other: 1!J Purchasing: Eff.5J96 '-' ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: S. Ann Smith, Ecosystems Manager DATE: February 2,2001 SUBJECT: Manatee Protection Plan - Ecological Associates, Inc. Contract Approval BACKGROUND On January 23, 2001, the Board authorized staff to negotiate with the top ranked consulting firm, Ecological Associates, Inc., for the creation of a County Manatee Protection Plan RECOMMENDA TION/CONCLUSION Staff recommends that the Board approve the contract with Ecological Associates, Inc., as prepared by the County Attorney's office, and authorize the Chairman to execute. Contract amount is $41,500. Respectfully submitted, _--A \ .... \. --~'-~-'~)t' ....~....- --=-~-).....~~,_."\.<,,,~ S. Ann Srpith Ecosystems Manager Attachment: Contract Agreement '-' '-II CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this _ day of ,2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and ECOLOGICAL ASSOCIATES, INC. hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the County desires to retain the professional services of the Consultant to assist the County in developing a manatee protection plan for the County; and, WHEREAS, the Consultant desires to provide the County with such services. 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 intending to be legally bound, hereby agree as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the County. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. G: \atty\agreemnt\EAI -1- '-' 'wi 2. SCOPE OF WORK The scope of work to be performed by the Consultant under this Agreement is identified in Exhibit' AU which is attached to and incorporated into this Agreement as Exhibit II A". 3. PROJECT MANAGER The Project Manager for the County is S. Ann Smith at (561) 462-1685. The Project Manager for the Consultant is Robert G. Ernest at (561) 334-3729. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 4. TIME OF PERFORMANCE The Consultant shall complete all work in accordance with the schedule attached as Exhibit "Bu. 5. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement as follows: Forty-one thousand five hundred and 0/100 ($41,500.00) dollars. The parties agree to the following payment schedule: Product first Report Second Report Draft final Report final Report Payment 25'Yo 25'Yo 35'Yo 15'Yo All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. 6. DEFAULT: TERMINATION G:\atty\agreemnt\EAI -2- ...... '-' A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Consultant, the following items shall be considered a default under this Agreement: (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. 7. FORCE MAJEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being G:\atty\Qgre~nt\EAI -3- '-' ~ limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions: acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 8. ASSIGNMENT The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Consultant will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. The Consultant agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Consultant shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Consultant for unfinished work product. The County may elect to compensate the Consultant for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 9. SUBCONSULTANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant shall secure the written approval of County Project Manager before engaging such subconsultant, subcontractor or professional associate. 10. AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, G:\atty\ogreemnt\EAI -4- '"" ~ have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PUBUC RECORDS TheConsultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. 12. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. G:\atty\agrumnt\EAI -5- '-' ....,; Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. 13. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, and Agents, and indemnify the County, its Officials, Employees, and Agents, against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Consultant's performance of this Agreement. Only those matters which are determined by a final, non-appealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Consultant shall be excluded from the Consultant's duty to indemnify the County, but only to the extent of negligence of the County or such third party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 14. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 15. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, subject to the provisions of Section 768.28, Florida Statutes and in no way altering the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees. expert fees, consultant fees, attorney, paralegal and legal 6:\atty\agre:emnt\EAI -6- '-' """ assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 16. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 As To The Consultant: Ecological Associates, Inc. Post Office Box 405 Jensen Beach, Florida 34958 G:\atty\agreemnt\EA.I -7- "" """ or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 20. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 21. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 22. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the G:\atty\agreemnt\EAI -8- '- '-' Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Agreement 23. UTIGATION SERVICES It is understood and agreed that the Consultant's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 24. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 25. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the G:\atty\ogreemnt\EAr -9- '- ...." mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 26. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ECOLOGICAL ASSOCIATES, INC. BY: Print Name: Title: G:\atty\ogreemnt\EAI -10- '-' ....,; Exhibit 1 Scope of Work Introduction - Countywide Manatee Protection Plan .' The impetus to develop a Manatee Protection Plan (MPP) comes from two parallel efforts. First. the Florida Manatee Recovery Team, an interagency group of manatee experts, developed a Florida Manatee Recoverv Plan. This plan was approved by the U.S. Fish and Wildlife Service (FWS) in 1989, updated in 1996, and again in 2000. One task of the plan is to "develop site- specific manatee protection plans at the local level." The Florida Manatee Recoverv Plan ranks this as a priority task important to the recovery of the species. Second, in October 1989, the Governor and Cabinet directed 13 "key' counties to develop manatee protection plans. St. Lucie County is a "key' county. There are various components of a MPP and include the following: a. an inventory of boat facilities such as marinas, docks, boat ramps, dry storage areas; b. an inventory of boating activity patterns; c. an inventory of manatee abundance and mortality; d. an inventory of natural resources of the County, such as aquatic preserves, Outstanding Florida Waters, and seagrass resources; e. recommendations from a boat facility siting plan to determine the best areas for new marinas, boat ramp, dry storage areas; f. recommendations for manatee protection measures, such as boating speed restrictions; g. recommendation~ for an education and awareness program forthe public, including boaters, divers, and school children; h. recommendations for a water quality and habitat protection program, including land acquisition; and i. an implementation schedule. The Fish and Wildlife Conservation Commission (the Commission) encourages counties to adopt a county-wide MPP as an amendment to the Comprehensive Land Use Plan. The individual components - boat facility siting plan, manatee protection measures, public awareness programs - must be compatible with county-wide policies and ordinances, including local municipalities, while addressing manatee concerns. In setting policies to safeguard manatees and their habitats, the MPP will also have the effects of increasing boater safety, facilitating recreation planning, and protecting estuarine habitat critical to many species. Much of the Commission's research and work is aimed at reducing manatee mortality. However, equally important is the protection of habitat to ensure the long-term viability of the species. For this reason, the comprehensive manatee protection plan addresses ecosystems management. To accomplish the County's and Commission's goal for this area-specific MPP, the consultant must inventory existing information and data, develop a set of recommendations and strategies for manatee protection, and then develop an implementation plan and schedule. EXHIBIT ! /lA II " '-' '-" Note: Those items identified with a BFP next to them have been addressed in the recently completed Boat Facility Plan. Task 1. Inventory Assessment and Analvsis This task will assemble and summarize the following information for the I ntroduction and Inventory of Existing Conditions section of the MPP. A. Habitat 1. Locations 2. Water quality and Vegetation 3. Manatee distributions (BFP) Manatee-Human Interaction 1. Manatee mortality (BFP) 2. Analysis of manatee-human interaction (BFP) 3. Speed zones, sanctuary locations (BFP) 4. Law enforcement activities Local Land Development 1. Development standards 2. Comprehensive Land Use Plan 3. Marina/boat facilities (BFP) 4. Boat ramps (BFP) 5. Residential docking facilities (BFP) 6. Port facilities (BFP) 7. Freshwater lakes/borrow pits (inventory and make recommendations of other potential locations suitable for water-craft use in order to minimize manatee-human interaction conflicts) Education and Awareness (inventory educational materials for use in public school systems, by the boating public, ar:¡d local environmental groups; inventory materials and signs at marinas and boat ramps) 1. Florida Department of Environmental Protection 2. Florida Fish and Wildlife Conservation Commission 3. Florida Power and Light 4. Save the Manatee Club 5. FPUA Manatee Observation and Education Center 6. Harbor Branch Oceanographic Institute / Lincoln Park Academy 7. Environmental Learning Center 8. Other county facilities Govemmental coordination 1. Permit Procedures and Development Review (inventory and summarize current agencies' procedures that affect any recommendations or implementation schedules) 2. Programs and future planned boat ramp projects (BFP) Utilize existing maps or develop new maps to include in the MPP for the inventory section. (Existing maps in BFP. County GIS will provide minor revisions to those maps. Consultant must create any new maps needed) B. c. D. E. F '- ..." Task 2. Inventory Occupancv at Marinas and Boat Ramps This data will be compiled by the County and the Commission staff and provided to the consultant to be included in the MPP. A. Size and number of vessels for dry and wet storage B. Determine boat ramp use C. Develop charts to summarize information Task 3. Manatee Protection Plan Implementation " This task will make recommendations to protect manatees and their habitat and identify specific measures that benefit manatees from activities of local, state, and federal programs. A. Habitat protection 1. Foraging habitat (fresh water and salt water) 2. Fresh water sources 3. Water quality and vegetation 4. Habitat acquisition areas - environmentally sensitive lands 5. Contaminant and pollution exposure 6. Resting, loafing, and calving areas B. Habitat acquisition programs C. Water quality, vegetation restoration, and stormwater programs D. Manatee-human interaction 1. Flood gatesflocks/manatee barriers 2. Site specific vessel speed recommendations 3. Recommended areas of high speed water-related activities 4. Speed zone signage - coordinate with FIND and FFWCC 5. Increased law enforcement presence - increase registration costs to cover FMP officers ' 6. Sanctuary designation by USFWS or FWC E. Land development 1. Shoreline development standards 2. Development standards for submerged lands a. boat facility siting criteria (BFP) b. performance criteria (BFP) c. residential dock density (BFP) d. 1 residential "No Entry" areas (BFP) e. coastal construction restrictions - Aquatic Preserve dock designs f. freshwater lakes / borrow pits F. Education and awareness (develop education and awareness program goals with input and assistance from local educators; develop a plan for placing manatee awareness materials and signs at marinas, ramps, and educational facilities) 1. Education programs - schools 2. Awareness programs - boat and personal watercraft 3. Coordination of education and awareness 4. Identify existing grant programs G. Governmental coordination 1. Land development code 2. Boat traffic/manatee area usage study '-' ....., Task 4. Manatee Protection Plan Obiectives and Policies The writing of specific objectives and policies of the Plan to be placed in the Comprehensive Land Use Plan and Land Development Code. Task 5. Development of Implementation Schedule A time table in which to implement the recommendations and policies of the Manatee Protection Plan. .' Task 6. Final Manatee Protection Plan A. Prepare draft final MPP (as outlined in Exhibit 2) for the County and the Commission staff review. 8. Prepare final MPP for submission to the County and the Commission. ~ '-' ...., Exhibit 2 St. Lucie County Manatee Protection Plan (MPP) Suggested format for final report The following outline is suggested to be used for the summary MPP report: .- 3. 4. 5. 6. 7. 8. 9. 10. 9. 10. 11. Executive Summary Table of Contents List of Figures List of Tables Introduction Inventory of Existing Conditions Discussion of Results or Summary of Findings Recommendations Implementation Schedule Bibliography Appendices MPP findings should be presented with sufficient detail that a lay person could understand why the data were collected, how they were collected, and what they represent. The following comments are specific to the various portions of the report in the above recommended outline. 1. Executive Summary. A brief overview of the final report. 2. Table of Contents. A listing of the various sections of the report. 3. List of Figures. An enumeration of figures or maps of various land/water features. 4. List of Tables. An enumèration of summary tables of information collected. Each table will be clearly labeled as to its contents. 5. Introduction. The Introduction will explain why the MPP was done. It will provide background on the purpose of the MPP and list its objectives. The background objectives are derived from the USFWS 2000 recovery Plan and the Governor and Cabinet's 1989 desire to improve boating safety and manatee protection for Florida waterways. 6. Inventory of -Existing Conditions. A description of existing conditions of St. Lucie County and how these conditions affects manatees and their habitat. 7. Discussion of Results or Summary of Findings. This will be the most important section of the report. It will include a summary and description of all data generated through the study. All the data collection forms that were used should be explained and included in the appendices. The major findings of the report should also be summarized. There should be a discussion of findings for each of the areas researched, i.e. marina and boat ramp facilities, private dock locations, fresh water resources, submerged aquatic vegetation, etc. The data sets generated from this research (GIS maps, dbase files, tables, etc.) shall be labeled, dated and fully explained as to what information they contain and what it means. Data disks and plots, as well as hard copies of any maps plotted, will be included. README (explanatory) disks or files to explain the format should also be provided. '-' ...., 8. Recommendations. Recommendations should be presented using the 1989 Recovery Plan as a guide and wiil stress the importance of improving protection of the manatee and its habitat. Specific areas for recommendations include the following: a. minimizing water vessel collision with manatees; b. minimizing manatee mortality by water control structures; c. minimizing other sources of human-related manatee mortality and injury; d. protecting and monitoring areas of special significance to manatees; and e. minimizing harassment of manatees. Recommendations for further studies wiil be suggested, where feasible and of interest. 9. Implementation Schedule. The schedule for various components of the MPP to be implemented and who will be performing this work. .' 10. Bibliography. A listing of outside documents used to develop the MPP. 11. Appendices. Summary tables of the data and other pertinent information necessary for a better understanding of the MPP. 1 '" EXHIBIT "B" Performance Schedule first Report Summarizing Tasks 1 & 3 Second Report Summarizing Tasks 2,4, & 5 Draft final Report (Including Task 6) final Report G:\atty\ogreemnt\EAI -11- 'wi DUE March 26, 2001 April 30,2001 May 31, 2001 June 30, 2001 "" '" AGENDA REOUEST ITEM NO. ~,4 DATE: February 6, 2001 REGULAR IX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 01-59 _ Urging the Governor of the State of Florida, and the Florida Legislature to restore full funding to the Florida Healthy Start Coalitions' budget. BACKGROUND: The Statewide infant mortality rate reduced from 9.6 per 1000 in 1990 to 7.3 per 1000 in 1999 with a provisional rate of6.6 per 1000 for the fIrst three quarters ofthe year 2000. The St. Lucie County infant mortality reduced from 10.6 per 1000 in 1990 to 4.6 per 1000 in 1999 with a provisional rate of 6.0 per 1000 in the fIrst three quarters of the year 2000. Sylvie Kramer, Executive Director of Healthy Start Coalition of SI. Lucie County, Inc. has requested that this Board urge the Governor and the Legislature to restore full funding to the Florida Healthy Start Coalitions' budget. The attached Resolution No. 01-59 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staffrecommends that the Board adopt the attached Resolution No. 01-59 as drafted. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [] DENIED [ ] OTHER: ~~ Douglas Anderson County Administrator I IiIw' Review and AD~rovals 'WI OJ county Attorney: ~. Management & Budget originating Dept. Other: Finance: (Check for copy only, if applicable)___ purchasing Other: Eff. 5/96 ~. '-' ......, RESOLUTION NO. 01-59 A RESOLUTION URGING THE GOVERNOR OF THE STATE OF FLORIDA, AND THE FLORIDA LEGISLATURE TO RESTORE FULL FUNDING TO THE FLORIDA HEAL THY START COALITIONS' BUDGET WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, has made the following determinations: 1. The Statewide infant mortality rate reduced from 9.6 per 1000 in 1990 to 7.3 per 1000 in 1999 with a provisional rate of 6.6 per 1000 for the first three quarters of the year 2000. 2. The SI. Lucie County infant mortality reduced from 10.6 per 1000 in 1990 to 4.6 per 1000 in 1999 with a provisional rate of6.0 per 1000 in the first three quarters of the year 2000. The infant mortality rate averaged 13.9 per 1000 in the 1980 decade and decreased to an average of8.2 per 1000 in the 1990 decade. 3. SI. Lucie County saw a decrease in births to teens from a double digits percentage (13%) in 1990 to a single digit (9%) for four consecutive years (1996 to 1999). Each teen birth delayed to adulthood saves an estimated $22,000.00 oftax dollars. 4. By privatizing the prenatal care system, a conservative estimate of7.6 million dollars of state and county funds have been saved in SI. Lucie County alone. 5. By privatizing the Care Coordination system, the number of services provided to pregnant women and infants increased from 6,800 to 48,000. 6. The Healthy Start Coalition enjoys strong community support, and by being community based, has been able to design an effective system of care for pregnant women and infants. The system not only saves lives, it also saves tax dollars. 7. This Board believes it is in the best interest of the health, safety, and public welfare of not >' '-' "-' only the citizens ofSt. Lucie County, but also Statewide, to have the Governor ofthe State of Florida restore full funding to the Florida Healthy Start Coalitions' Budget. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: l. This Board urges the Governor of the State of Florida, and the Florida Legislature, to restore full funding to the Florida Healthy Start Coalitions' Budget. 2. The County Administrator is hereby directed to forward a copy of this resolution to the Governor ofthe State of Florida, the Florida Legislature, and the Board of Directors of the Healthy Start Coalition of St. Lucie County. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson xx Vice Chairman Doug Coward xx Commissioner Paula A. Lewis xx Commissioner Cliff Barnes xx Commissioner John D. Bruhn xx PASSED AND DULY ADOPTED this 6th day of February, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY . . . . " " ", AGENDA REQUEST ITEM NO. m ""'" "-'ì DATE: 2-6-01 REGULAR [xx] PUBLIC IŒARING [ ] CONSENT [ 1 TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh, Director SUBMITTED BY(DEPT): Leisure Services SUBJECT: Presentation of the Savannas Recreation Area Master Plan BACKGROUND: The consultants hired to produce a master plan for the Savannas Recreation Area have completed their work and are ready to present the plan to the Board for approval. Board members have already been shown a conceptual drawing of the master plan and it was well received by each one. Local community groups were also sent copies of the drawing and notified of this presentation. The consultants will present the plan and discuss in more detail, elements of the plan including cost estimates and a phase in schedule. Following this presentation, a vote is requested to approve the plan. During the next few weeks, staff will discuss the implementation of the plan given current resources and the anticipation of grant funding from the state. FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends approval of the Savannas Recreation Area Master Plan. COMMISSION ACTION: CONCURRENCE: [X ] [ ] APPROVED OTHER: [ DENIEq ~ '"'---. Douglas M. Anderson County Administrator aeview and ADDrovals county Attorney: ~ ~ Originating Dept. . í( Management . Budget Purchasing: Other: Ot:.her: Finance: (Check for copy only, 1f applicable)___ """ ~ A ~~.\ '7 f.1.1' r 1\ C,)/ M MORAN DUM ~v TO: Doug Anderson, County Administrator THRU: Pete Keogh, Leisure Services Director FROM: patti Raffensberger, Facilities Manager <> Special ~ DATE: January 11, 2001 SUBJECT: Savannas Master Plan ----------------------------------------------------------------- ----------------------------------------------------------------- Per your instructions, Don McLam and I have discussed the information on the Savannas Master Plan with each Commissioner. All were very pleased with the proposal and have indicated that another work shop isn't necessary. All five are ready for the consultants to make a presentation at a Commission meeting, at which time they would vote to (more than likely)approve the master plan. Since there has been a great deal of public interest from the white City and Indian River Estates communities, we suggest that this presentation be scheduled for a night Board meeting, in particular. February 6, 2001. If you agree with this, please let us know and we will advise the consultants. Thank You 8u ¡!ic[\(M ~l ,~;< Cfp~~ I Jj L... ClJ. . , ., :1, [5 R ~ fw·-rnl-'. iil 1 6__.2001 . J ~ .:;'--~ , "'" AGENDA REQUEST -' ITEM NO. 5A DATE: February 6, 2001 REGULAR [] PUBLIC HEARING [X ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Arts In Public Places Trust Fund Budget BACKGROUND: The Office of Management and Budget in concert with the Finance Department has determined the best way of complying with the funding requirements of the Arts In Public Places Ordinance (No. 00-30 - attached) is to establish budgeted transfers from the eligible capital projects (see attached spreadsheet) to the Arts In Public Places Trust Fund. If this budget resolution is approved the actual transfer of funds will be accomplished after the funds within the project are committed and by a memorandum initiated by the Office of Management and Budget to the Finance Department. Florida Statutes chapter 129.06 require the Board to hold a public hearing before transferring monies between- funds. FUNDS AVAILABLE: See Attached Budget Resolution 01-57 PREVIOUS ACTION: January 23, 2001 - Board approved advertising the public hearing. RECOMMENDATION: Staff recommends the Board approve Budget Resolution 01-57 establishing the budget for the Arts In Public Places Trust Fund. This will facilitate the proper funding of the Arts In Public Places program in compliance with the ordinance. COMMISSION ACTION: CONCURRENCE: PC] APPROVED [] DENIED [ ] OTHER: 4-0 ~Ì-. Doug Anderson County Administrator Orig Dept: Coord! nation/Sianatu res Management & Budget: xxa1/P ~"urChaSing: Central Services: Finance: (Check for Copy only) XX 3J/ County Attorney: XX G;\8UDGET,WP\AGESDA'S\AgendaO 1 \02'06_ AIPP, '""'"I'd '-' RESOLUTION NO. 01-57 -..J . WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, it wa,s determined that in order to comply with the Arts In Public Places Ordinance the Board must establish a budget in the Arts In Public Places Trust Fund. WHEREAS, a trust fund has been established in accordance with the requirements set forth in the Arts In Public Places Ordinance Number 00-30. WHEREAS, Section 129.06 (2) (f), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to amend the budget. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 6" day of February, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-2001, and the County's budget is hereby amended as follows: REVENUES 665-0000-381100-000 APPROPRIATIONS 665-4210-563032-400 665-4112-563032-41010 665-4112-563032-410045 665-4112-563032-4906 665-3725-563032-4257 665-3725-563032-425017 665-3725-563032-425056 665-1930-563032-100 665-1930-563032-1611 665-1930-563032-150097 665-1930-563032-76007 665-7210-563032-76008 665-7240-563032-7623 665-7240-563032-760116 665-7240-563032-7601 665-7240-563032-7658 665-7240-563032-7646 665-7240-563032-76009 665-7240-563032-75009 Transfers In $59,867 Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Imp OfT Bldgs - Art In Public Places Total Appropriations $1,462 $5,446 $7,921 $3,960 $1,188 $495 $2,475 $9,853 $1,048 $6,710 $9,412 $1,412 $1 ,598 $592 $1,161 $1,024 $1,073 $1,049 $1.989 $59,867 G:\BUDGET\WP\AGENDA'S\AgendaO t \02'06 _AlPP. wpd -- ""'" After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson XXX Commissioner Doug Coward, Vice Chairperson XXX Commissioner Paula A. Lewis XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX PASSED AND DULY ADOPTED THIS 6TH DAY OF FEBRUARY, 2001. ATTEST: BOARD OF COUNTY COMMISSiONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGET\WP\AGENDA'S\AgendaO 1\02'06_AIPP. wpd '-' ....., BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GNEN THAT THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA will consider adoption of proposed Resolution No. 01-57 to amend the Fiscal Year 2000-2001 budget by increasing the Arts in Public Places Trust Fund by transferring $59,867.00 from eligible capital projects, at its regular meeting on Tuesday, February 6,2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, In the St. Lucie County Commission Chambers at the St. Lucie County Administration Buildin¡¡; Annex, Third Floor, 2300 Virg¡nia Avenue, Fort Pierce, Florida. The Arts in Public Places Trust Fund will Increase from $0.00 to $59,867.00. In accordance with Ordinance No. 00-30, these funds are to used for the design, selection, acquisition, purchase, commissioning, placement, installation, exhibition and/or display of artworks. A copy of the resolution is available in the Office of Management and Budget, 2300 Virgima Avenue, Fort Pierce, Florida. All interested parties are invited to attend and be heard. Written comments received in advance of the public hearing will also be heard. THIS NOTICE EXECUTED AND DATED THIS 29th day of January, 2001. PUBLISH DATE: February 3,2001 PUBLISHER: TYPE AD: PROOF TO: The Tribune Legal column St. Lucie County Attorney's Office 2300 Virginia Avenue Fort Pierce, Florida 34982 BILL TO: Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 G:\BUDGE1\WP\AGENDA 'S\AgendaOl \02'06_AlPP. wpd - " ¡¡; c '" " m is c 5 ~ ~ ¡; ~ ~ > " ~ ~ d [ c; ~ ~ 9i V> ~ <1 " ~ o :.. ... .. '" '" 0> '" to> .. 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'" OCOCOWN.þ......NCO COMMISSION ACTION: ~ APPROVED CJ DENIED o OTHER 4-0 ... ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: "-' Agenda Request Item Number Date: 5-B Feb. 6, 2001 y Consent Regular Public Hearing Leg.! ] ] [ ] [X] Quasi-JD [ X ] :resented ~ ~:[' munity Deveiopment Director Consider Draft Resolution 01-006 approving the request of Duke Energy Ft. Pierce, llC, for a Rezoning of property located on southeast side of Glades Cut-Off Road, approximately one-mile southwest of the intersection of Glades Cut-Off Road and Selvitz Road, from the IH (Industriai Heavy) Zoning District to the U (Utilities) Zoning District (File No. - RZ-OQ-Q17) Board of County Commissioners Community Development Director Petition of Duke Energy Ft. Pierce, llC for a Change in Zoning from the IH (Industrial Heavy) Zoning District to the U (Utilities) Zoning District. The stated purpose of the rezoning is to allow for the construction of 56,900 square foot electric generating piant. The requested rezoning is consistent and compatible with the surrounding IH (Industrial, Heavy) zoning to the north, east and west. To the south is AR·1 (Agricultural, Residential - 1 du/acre) and IH (Industrial Heavy). The parcel of land abutting the subject property to the north is owned by the Ft. Pierce Utilities Authority and in all likelihood will be deveioped as a wastewater treatment plant facility. NIA The Pianning and Zoning Commission, by a vote of 7 to 0, with two members recusing themselves from the proceedings (Mr. Merritt and Mr. Mathes), recommended approval of the Conditionai Use Permit at its January 18, 2001 meeting. Staff recommends approval of Draft Resolution 01-006. CONCURRENCE: r?~7L Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Jt/ Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: . '-' ~ COUNTY COMMISSION REVIEW: February 6,2001 Resolution 01-006 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Board of County Commissioners Community Development Director January 26, 2001 Petition of Duke Energy Ft. Pierce, LLC, for a Change in Zoning from the IH (Industrial, Heavy) Zoning District to the U (Utilities) Zoning District. (File No.: RZ-OO-017) To: From: Date: The proposed rezoning of property located on the southeast side of Glades Cut-OffRaod, approximately one mile southwest of the intersection of Glades Cut-Off Road and Selvitz Road, from the IH (Industrial, Heavy) Zoning District to the U (Utilities) Zoning District is to allow for the construction of a 56,900 square foot energy generating plant to be known as Duke Energy Pt. Pierce Generating Station. At the January 18, 2001, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 0, with two members recusing themselves (Mr. Merritt and Mr. Mathes) recommended approval of this petition as set forth in Draft Resolution 01-006. This proposed rezoning meets the standards of review as set forth in Section 11. 06.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends the approval of this petition for a change in zoning from the IH (Industrial Heavy) Zoning District to the U (Utilities) Zoning District as set forth in Draft Resolution 01-006. This petition for rezoning will be followed by a companion petition for a Conditional Use Permit and Major Site Plan Approval. Ju Shewchuk, AICP mmunity Development Director oiL .. ISles cc: Duke Energy Ft. Pierce, LLC Noreen Dreyer File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 - '-' ...., RESOLUTION 01-006 FILE NO.: RZ-oO-o17 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE IH (INDUSTRIAL HEAVY) ZONING DISTRICT TO THE U (UTILITIES) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: 1. Duke Enerav FI. Pierce. LLC. presented a petition fora change in zoning from the lH (Industrial Heavy) Zoning District to the U (Utilities) Zoning District for the property described in Part A below. 2. On January 18, 2001 , the SI. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereafter described request for a change in zoning from the IH (Industrial Heavy) Zoning District to the U (Utilities) Zoning District for the property described in Part A below. 3. On February 6, 2001, this Board held a public hearing on the petition, after publishing notice at least 1 0 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the SI. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the SI. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: . File No.: RZ-OO-CI17 February 6. 2001 Resolution 01-006 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 """ ...,; Parcel A A portion of land lying within Section 31, Township 35 South, Range 40 East, SI. Lucie County, Florida. Commence at the southwest corner of Section 31, Township 35 South, Range 40 East; thence run north 89°57'18" east, along the south line of the southwest Yo of said Section 31 for a distance of 1005.74 feet; thence departing said line run north 00°02'42" west, for a distance of 49.50 feet to the Point of Beginning, said point being a point on the north line of the North SI. Lucie River Water Control District Canal NO. 102, said point also being a point on a curve concave southwesterly, having a radius of 3336.33 feet, a Central Angle of 14°41 '59", a chord bearing of north 29°01'09" west and a chord length of 853.62 feet; thence along the arc of said curve, an arc length of 855.97 feet to a Point on the southeasterly right-of-way line of the Florida East Coast Railroad; thence run north 44°44'24" east, along said southeasterly right-of-way line for a distance of 1495.22 feet; thence departing said line run south 45'15'05" east, for a distance of 334.48 feet to a point on a line lying 1 035.50 feet south of and parallel to the north line of the south V. of said Section 31; thence run south 89°59'47" east, along said line for a distance of 1180.27 feet; thence run south 22°32'03" west, for a distance of 1701.80 feet to a point on the aforementioned north line of the North SI. Lucie River Water Control District Canal No.1 02; thence run south 89°57'18" west, along said north line for a distance of 1404.02 feet to the Point of Beginning. Together with: Parcel B: A portion of land lying within Section 31, Township 36 South, Range 40 East, SI. Lucie County, Florida. Commence at the southwest corner of said Section 31; thence north 89°57'18" east, along the south line of said Section for a distance of 2409.76 feet; thence departing said south line run north 00°02'42" west, for a distance of 49.50 feet to the north right- of-way line of the North SI. Lucie River Water Control District Canal No. 102 and the Point of Beginning; thence north 22°32'03" east, for a distance of 1701.80 feet to a point 1035.50 feet south of the north line of the south V. of said Section 31; thence south 89°59'47" east, along said south line for a distance of 87.43 feet to a point on a curve concave southeasterly having: a radius of 744.49 feet, and a central angle of 23025'14" and a chord bearing of north 36°49'24" east; thence along the arc of said curve an arc length of 304.32 feet; thence south 41 °27'59" east, for a distance of 417.49 feet: thence south 00°03'239" west, for a distance of 1500.00 feet to the north right-of-way line of aforesaid Canal 1 02; thence south 89°57'18" west, along said north right-of-way lien for a distance of 1195.68 feet to the Point of Beginning. Containing 99.5125 acres, more or less. '- (Location: Southeast side of Glades Cut-Off Road, approximately one mile south of the intersection of Glades Cut-Off Road and Selvitz Road.) File No.: RZ.QO-017 February 6, 2001 Resolution 01..()Q6 Page 2 '-' -..; owned by Thomas C. Jones, is hereby changed from the IH (Industrial Heavy) Zoning District to the U (Utilities) Zoning District. 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 B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Paula Lewis Commissioner John Bruhn Commissioner Cliff Barnes xxx xxx xxx xxx xxx PASSED AND DULY ADOPTED This 6th day of February 2001. ATTEST: Deputy Clerk cs H:\Wp\Rezoning\Duke Energylagenda\resolution .doc File No.: RZ-oO-û17 February 6, 2001 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney '- Resolution 01"{)( 6 Page 3 ...... ~ PLANNING AND ZONING COMMISSION REViEW: 1/18/01 File Number RZ-OO-017 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager QQ'¿ DATE: January 9, 2001 SUBJECT: Application of Duke Energy Ft. Pierce, LLC, for a Change in Zoning from the IH (Industrial, Heavy) Zoning District to the U (Utilities) Zoning District. LOCATION: Southeast side of Glades Cut-Off Road, approximately one mile southwest of the intersection of Glades Cut Off Road and Selvitz Road. EXISTING ZONING: IH (Industrial, Heavy) PROPOSED ZONING: U (Utilities) FUTURE LAND USE: lND (Industrial) PARCEL SIZE: Parent Parcel Petitioned Area 215.06 acres 99.5 acres PERMITTED USES: The purpose of the requested change in zoning is to allow the construction and operation of a 56,900 square foot, 640 megawatt electric generating plant. Section 3.01.03(W), U (Utilities) identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the U (Utilities) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachmt!nt "AA"). PROPOSED USE: in this case the proposed use, an electric generating plant, will require a Conditional Use Permit. This Conditional Use Permit may only be reviewed after the petition for change in zoning has been approved. / """ '""*' January 18.2001 Page 2 Petition: Duke Energy File RZ-OO-0l7 SURROUNDING ZONING: IH (Industrial, Heavy) surrounds the petitioned property to the north, east and west; and to the south is AR-1 (Agricultural, Residential- 1 du/acre) and IH (Industrial, Heavy). SURROUNDING lAND USES: The existing uses in this area are industrial and agricultural in nature. FIRE/EMS PROTECTION: Station #6 (350 E. Midway Road), is located approximately 5 miles to the northeast. UTILITY SERVICE: On site wells will provide water service. On site sewer will be provided through a septic tank. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for Glades Cut-Off Road is 100 feet. SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. *************************.*.*******...** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY lAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: . 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County land Development Code; The applicant is requesting a change in zoning from the lH (Industrial, Heavy) Zoning District to the U (Utilities) Zoning District. The area in which the subject property is located is currently zoned IH (Industrial, Heavy) and be,!ng utilized for industrial uses, agricultural uses and citrus groves. The stated purpose of this change in zoning is to allow for ¡he development of a 56,900 square foot, 640 megawatt electric generating plant. The U (Utilities) Zoning District has been determined to be an acceptable zoning district for the establishment of this type of operation, subject to further site specific review as part of the Conditional Use process. """ ....., January 18,2001 Page 3 Petition: Duke Energy File RZ-OO-O 17 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; Table 1.6 of the Future Land Use Element, Data and Analysis, indicates those zoning classifications allowed under the INO (Industrial) Future Land Use Designation. According to this table, the U (Utilities) Zoning District is considered to be acceptable within the areas designated with a Future Land Use Classification of IND (Industrial). 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning district is considered to be consistent with existing and proposed future land use designations in the area. The surrounding properties are being used as either industrial businesses or as groves. The permitted uses in the U (Utilities) Zoning District are not expected to unduly impact the surrounding area or uses. Any other use in the U (Utilities) Zoning District would be subject to Conditional Use approval prior to any final authorizations. There are no residential structures adjacent to the subject property. 4. Whether there have been changed conditions that require an amendment; Overall the development pattern in the general area of the subject parcel has been changing to one of heavy industrial uses interspersed with utility uses. There is an existing gas pipeline and an additional proposed gas pipeline within proximity to the north of the subject property. In addition, the subject property will have access to the power grid along the eastern property line through the Midway Road Substation. The existence of these utilities has resulted in several power plants being proposed for development in this general area. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The rezoning of the property is not expected to create significant additional demands on any public facilities in this area. Public utilities have not been installed this far west in the county. The subject property is currently being utilized for agricultural purposes as pasture land. Prior to the approval of any final development plans on the subject property, the applicant will need to provide documentation verifying that sufficient facilities are in place to support the use. " 6. Whether and the extent to which the proposed amendment would result in significánt adverse impacts on the natural environment; The proposed change in zoning itself is not anticipated to create adverse impacts on the natural environment. The applicant/property owner will be required to comply with all federal, state, and local environmental regulations as part of any submitted development '-' 'wi J annary 18, 2001 Page 4 Petition: Duke Energy File RZ-OQ-017 plans for the site. In addition, during the Conditional Use and Site Plan review process the impact of noise and pollution on the natural environment will be considered. The site does not contain any known unique or threatened habitat. The petitioned property is currently being used as pasture land. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The subject property is currently being utilized as pasture land. The surrounding properties uses and zoning are more compatible with the utilities zoning than with the current agricultural uses. The reclassification of this property to a zoning district such as the utilities zoning district would not result in the introduction of incompatible land uses or activities with the surrounding industrial activities. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Duke Energy Ft. Pierce, LLC, has requested this change in zoning from the IH (Industrial, Heavy) Zoning District to the U (Utilities) Zoning District for property on the southeast side of Glades Cut-Off Road, approximately one mile south of the intersection of Glades Cut Off Road and Selvitz Road. The indicated purpose of this change in zoning is to allow for the submission of an application for conditional use permit to allow the construction and operation of a 56,900 square foot, 640 megawatt, electric generating plant on the subject property. The subject property is in an area designated within the Comprehensive Plan as being compatible with or for the U (Utilities) Zoning District. Staff has reviewed this petition and determined that it conforms with the Standards Of Review as'set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. cs ee: . County Attorney Public Works Director Noreen Dreyer, Esquire Duke Energy Ft. Pierce, LLC File H :\wp\rezoning\Duke Energy\dukerezone. wpd '-' '-' The meeting minutes will be distributed under separate cover. ~ . ) W. 1. Purpose """ ~ Section·3.01.03 Zoning Oistrict Use Regulations 1L UTILITIES The purpose of this district is to provide and protect an environment suitable for utilities, transportation, and communication facilities, together with such other uses as may be compatible with utility, transportation, and communication facility surroundings. The number in ·0· following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. b. c. d. e. f. g. h. i. j. k. ) I. m. n. Air transportation services ('51,'52) Agriculture, including farms, groves, and ranches. (01,02) Communication. ('B) Electric services ('91) Electric transmission rights-of-way. ('91) Gas pipeline rights-of-way. ('92) Gas production and distribution ('92) Industrial wastewater disposal. (999) Railroad, rapid rail transit, & street railway transportation. ('0.<1) Sanitary services ('95) Transportation services (") Telecommunication towers - subject to the standards of Section 7.10.23 (999) Water supply and irrigation systems. (.....97) Water transportation (<<) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7 .04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to SectiOll 7.09.00. 7, Conditional Uses a. b. ) c. d. Airports. ('58) Electric generation plants. ('91) Gas production plants. (m) Land clearing and yard trash recycling operations - subject to the provisions of Section Adopted August 1, 1990 130 Revised Through 08101100 ,. ('" ~. ...J{.. Section 3.01.03 Zoning District Use R.egulations 7.10.12. (999) e Natural or manufactured gas storage and distribution points. (m) f. Protective functions and their related activities - Correctional institutions (9223) g. Solid waste disposal. ('953) h. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Automobile and truc~ rental services. b. Restaurants. (Including the sale of alcoholic beverages for on premises consumption only.) (999) . Adopted August 1, 1990 131 Revised Through 08101/00 U. 1. Purpose '- -..i. Section -3.01.03 Zoning District Use Regulations !!:L INDUSTRIAL. HEAVY The purpose of this district is to provide an environment suitable for heavy manufacturing and other activities that may impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area together with such other non-residential uses as may be necessary to and compatible with heavy industrial surroundings. The number in ·0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses Any use permitted in the Industrial Light (IL) zoning district: a. b. Agricultural services (01) Construction services: (1) Building construction - general contractor (15) (2) Other construction - general contractors (16) (3) Construction - special trade contractors (17) Docks and boathouses (private). (999 Engineering services (811) Manufacturing: (1) Food & 'kindred products (20) (2) Tobacco products (21) (3) Textile mill products (22) (4) Apparel and other finished products (23) (5) Lumber and wood products, except furniture (24) (6) Furniture and fixtures (25) (7) Printing and publishing and allied industries (21) (8) Chemicals & allied products: (a) Drugs (280) (b) Soap, detergents and cleaning preparations; perfumes, cosmetics and other toilet preparations (2") (c) Agricultural chemicals (281) (9) Rubber & _misc. plastic products (30) (10) Leather & leather products (31) (11) Glass (a) Flat glass (321) (b) Glass & glassware - pressed or blown (322) (c) Glass products - made of purchased glass (323) (12) Fabricated metal products (except ammunition and ordnance) (34) (13) Industrial/commercial machinery,& computer equipment. (35) (14) Electronic & other electrical equipment and components, except comput,er equipment. (36) (15) Transportation equipment (31) (16) Measuring, analyzing and controlling instruments (38) (17) Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (3") (b) Musical instruments and parts. (393) ) c. d. e. Adopted August 1, 1990 125 Revised Through 08101/00 I. g. h. i. j. k. I. m. n. o. ) ~. -<" Section 3.01.03 Zoning District Use ~egulations p. (c) Dolls, toys, games & sporting goods (39<) (d) Pens, pencils & other office & artists' materials. (395) (e) Costume jewelry, costume novelties, and notions. (396) (I) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3995) (i) Manufacturing industries, NIC. (3999) (18) Paper and allied products: (a) Paperboard containers & boxes (265) (b) Converted paper & paperboard products (267) Local & suburban transit (") Water transportation. (<<) Transportation services. (") Communications. (48) Motor freight transportation & warehousing. (42) Motion pictures. (711) Membership organizations (56) Personai & business services. (72) Research, development, and testing services. (073) Repair services: (1 ) Automotive & automotive parking (75) (2) Electrical (762) (3) Watch, clock & jewelry repair (763) (4) Reupholstery & furniture repair (764) (5) Misc. repairs & services (769) Retail trade: (1) Lumber & other building materials (521) (2) Paint, glass & wallpaper (523) (3) Hardware (525) (4) Nurseries, lawn & garden supplies (526) (5) Mobile home dealers (521) (6) Automotivelboat/RV/motorcycle deaiers (55) (7) Gasoline service (55) (8) Furniture & furnishings (51) Telecommunication towers - subject to the standards of Section 7.10.23 (999) Wholesale trade - durable goods: (1) Motor vehicle and automotive equipment. (Óo1) (2) Furniture and home furnishings. (502) (3) Lumber and other building materials. (503) (4) Professional & commercial equipment/supplies. (504) (5) Metals & minerals, except petroleum. (505) (6) Electrical goods. (506) (7) Hardware, plumbing and heating equipment, and supplies. (501) (8) Machinery, equipment, and supplies. (506) (9) Misc. Durable goods: (a) Sporting and recreational goods (5091) (b) Toys & hobby goods (5092) (c) Jewelry, watches. precious stones & metals. (5094) (d) Durable goods NEC (5099) Wholesale trade - nondurable goods: q. r. s. Adopted August 1. 1990 126 Revised Through 08101100 "'"" -< Section 3.01.03 Zoning District Use R~gulations (1) Paper and paper products. "H} (2) Drugs (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (51') (5) Farm products - raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. Nondurable Goods: (a) Farm supplies (5191) (b) Books, periodicals, & newspapers (5192) (c) Flowers, nursery stock & florists' supplies (5193) (d) Tobacco/tobacco products (5194) (e) Paints, vamishes & supplies (5198) (f) Nondurable goods, NEC (5199) t. Mobile food vendors (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Offstreet Parking and Loading Requirements Offstreet parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Airport, landing and takeoff fields - general aviation. ('581) b. Manufacturing: (1) Paper & allied products (26) (2) Chemicals & allied products (26) (3) Petroleum refining & related products (29) (4) Stone, clay, glass & concrete products (32) (5) Primary metal industries (33) (6) Ammunition & ordinance ("6) c. Natural or manufactured gas storage and distribution points. (<92) d. Scrap, waste and land clearing and yard trash recycling operations - subject to the provisiolJs of Section 7.10.12. e Warehousing and storage services - stockyards. (999) f. Wholesale trade - nondurable goods: (1) Petroleum & petroleum products (999) ) Adopted August 1, 1990 127 Revised Through 08/01/00 '-(- ~ -<- Section 3.01.03 Zoning Districl Use Regulations 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Co-generation facilities. (999) b. Fueling facilities. (999) c. Industrial wastewater disposal. (999) d. One detached single-family dwe1\ing or mobile home, for on-site security purposes per property. (999) e. Retail: (1) Botlied gas. (999) (2) Fuel oil. (999) (3) Gasoline service stations. (999) (4) Retail trade accessory to the primary manufacturing or wholesaling use. (999) ) . ) Revised Through 08101100 128 Adopted August 1. 1990 """ "-'(. . ~ ----- z E - 0 C_ O . [~ ~ c o 0 > - o . 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'wJI.;' .. o .... . .. œ Q. ¡h¿ "::;!,~~ 1 "". ...; 1- ST. ~UCie COU~ni:80AAD ' " ., :,{:::~. '~;:,:~'" OF Co.l,JNTY COMMISSI0~ER~,·<:' ,i:';:::.fn~"~'; .... PU6L1Ç.HEARING AGENOA'¡r/;?~:t-', .,..', February 6, 2001' . ~ " TO WHOM IT MAy.cONCERN, S', 1'(".1 " ,_.~ .0..: .. . . NOTlCE¡~ hereby given .I~.. accordci~":,~'~,$~ I 11.00.03 of the St. lµcle County ,Land Dfri(eI-~£oP. .' and in occordonce. with the prnvlslÓns Of·thiit;~.1·Üièi. I Covroty ComprehensiVe, Pion, that the ~UC!W'fr:lÌik~~ ~'l' hO$ requested that thë St. Lude CountyJ~&lf~1ð(f~ Commissioners consld. their reqUest os folloWs~<i-.: ~...: '·f ..' ,.-- ..:. ,.,.~)<., '1 I. Duke Energy llC,)ora Chgnge.ln;-~~::~.IH (Industrial, Heavy) Zonl~.. Dlstrld::JJt:,'O~·_(tJttlftMi,:~:~'~: DI"dctfo<th.'ollo"ngd_lbed~ ,~,~. " I A portio,., of Sedio¡; 3( TÒWnS~!p;'~~~~:~~~:",O East Complete legal. desçtlption .Is' ~1.rCil:j¡e.q¡,~ft:aí-'$t: lude County Community Development ~~.'~' .', r l ) T . E S ) ) (Tax Id No. 2431-4,ll.o.o,01.;p.pol,~;:\·~.. ,',' ,-, .r~" "'" ,,: ',:' ',ii"" '.' location: Southeasf side Of Glac:fes CUt-::óf' R Imately , mile ,squth"...est,~,~,.I~;",,,~ ' Cut-Off Ro~d and Selvltz ~oad,~' '_ ._,:'::;;'it,~~<:~-') , c . -''.'- ',~ :,"'~ -' 2. Duke Energy Uc. for a_ Conditlonàl \JSf ~Þ,;i!øflOW the construction of a pow.. pl_ånt'ln the u_-~~t:zon.. 1- Ing District for the fOllow!ng'~ ~ttV"~¡:: D A portion of Sec:tl~n 31, ToWnihtp":35'~'" ..·;,i6· => East Complete legal desalpllon -Is, ' ' . St. :e lU~ð County Com~unl~~~.evelqpm:mt;;,:..: ,~~ E- (Tax IdNo. 2431~41'1.o.;Õ_.o1.ooo/$).'í~ '1f.:~ , " 1R .; ,'.-:,.::;':i:_;"i"\~ '_ " location: Southeast side of,Glad.. ait,~,:~' ~þ ;Irox- Imotely 1 mile southwest of the ,Intei _ ".Glades 'f Cut-Off Road and Sel\/''f!oad_ .:( . ' ~ ') A PUBLIC HEARING will be hM_11i sian Chambers, 3rd floor of tMJ, ~9Q.. tion Annex Bu1!dlng. 2300- Virginia A Flarida on February 6,'20.01, beglnnlnq, 1e as soon thereafter as posslble_ , "" _ .';:'" , :: PURSUANT TO 5ection'2s'6.61ii~:'FI~~~~11.J¡{~-· ,r· person decides to. appea_1 any doc:lslon ~ä.f!!'Y<~~ g, agetlcy, or commission with resp.&d to çlßY _.' _ ic:onJkI.. i5 eredQta m_Ung or h!l'Orln,g.Þ.."YI!t~9" ,,:..','íi,'·',·'·· ,;~," ,,_ Y5 proceedings, and that, for such-'pu~~~< . ':'. to ::Ir ensure that a \/efbaflm record of the ~IWj(nW:xt., 1- _hlch recOfd incl~es. the tesflnt:Ony,,_a.~':~~ "pol) ). Whkhtheappeallsto~~~~:,,:;}.,~:,~'!i.:, I ~ BOA'D Of COUNTÝêoi.lssi~~l~~~?i~~~;>;:.'I'·.,', ST. LUCIE COUNTY,'FLORIDA"·~'::'¡:t,,;_,·~q,~:··!;::t;C~·]p',~b' c /S/ Franni~ Hutchinson, CH....IRMÁN' ,'. .'~;r.:::.~tÞ, ¡. Publish: Janùary 27, 2.001 ):ié{',:,· -, 2 2Q10295 -'I" ~ :,..,''''1.(''"':"-....- .' ;J ",(w, _. '. nb_lnG 513 '-" -' St. Lucie County Planning and Zoning Commission Meeting Minutes January 18,2001 Commission Chambers at 7:00 p.m. MEMBERS PRESENT: Mr. Matthes, Mr. McCurdy, Mr. Trias, Mr. Lounds, Mr. Hearn, Mr. Grande, Mr. Aikens, Mr. Jones, Mr. Merritt OTHERS PRESENT: Mr. Kelly, Ms. Young, Ms. Shewchuck, Ms. Lewis, Ms. Snay, Mr. Flores, Mr. Murphy c January 18,2001 page 1 - '-' ~ AGENDA ITEM 3: DUKE ENERGY Mr. Merritt and Mr. Matthes recused themselves from these agenda items. Ms. Snay stated that agenda item #3 is the application of Duke Energy for a change in zoning from the œ (Industrial, Heavy) zoning district to the U (Utilities) zoning district. This proposed property is located on the southeast side of Glades Cut-Off Road, approximately one mile southwest of the intersection of Glades Cut Off road and Selvitz Road. The purpose of the requested change in zoning is to allow for the construction and operation of a 56,900 square foot, 640 mega-watt electric generating plant. The subject property is surrounded by the œ (Industrial, Heavy) to the North, East, and West and to the South by AR-I (Agriculture, Residential) and œ (Industrial, Heavy). Ms. Dreyer introduced herself for the record. She is the attorney representing the applicant. She stated that the project is proposed to be developed a 99-Y2 acre site in the Midway Industrial Park area. She explained that the first request is a rezoning from œ (Industrial, Heavy) to U (Utilities) zoning district. This is a pennitted zoning under the Industrial land use classification. The second request is a conditional use pennit and a major site plan a al to allow the construction and operation of the electrical generating plant. Electric ge t facilities 1Ife pennitted as a conditional use within the Utilities Zoning district, .. t being' reason for the rezoning. Mr. Runyan, project manager for nergy Fort Pierce representing Duke Energy of North America. The proposed project is fo a 640 mega-watt electric generating plant, which will be a "peaker" facility that is proposed for construction by June 1,2002. He stated that Duke Energy is a very large corporation it has approximately $30 billion dollars in assets currently. There are several different projects proposed currently around the nation. This corporation is environmentally friendly and is very involved in the community it enters. He would like to highlight several of the economic benefits that this type of project brings to the community. At' this point the cost of construction for the project is estimated at $210,000,000.00. The plant will bring high paying and high skilled jobs, not to mention an extremely large tax base. ag or Duke nergy, and several other or . s meeting. They have all reviewed the commendations for both items. She w of the project and he will be able to answer Ms. Dreyer stated that Mr. Runyan, the projec consultants working on this project ar' en staff reports and all agree with the st 0 en would like Mr. Runyan to giv any questions of the board or 1. , January 18.2001 page 2 .. '-' ...,¡ Mr. Runyan explained that the project would be on a 99-V2 acre parcel that is surrounded by heavy industrial usages. To the north of the parcel is the proposed sewage treatment plant area for Ft. Pierce Utilities Authority. There are some commercial uses to the west and to the south are some agricultural uses. The location for this site was chosen for its close proximity to the FP&L transmission and the Midway Road substation nearby; the natural gas pipeline being close and the area has a sufficient buffer is a large enough area, and the adequate surroundings of uses. Mr. Runyan explained that the lots 7 & 8 compose the power plant facility itself, which will roughly be about 20 acres of the 99-V2 acres. The remaining acreage will be wetlands and uplands. The existing wetlands on sight only 0.05 acres will actually be impacted and 2 of the wetlands will be improved due to storm drainage improvements. The current site is being used as pasture land and the current wetlands have been degraded due to that use. This facility will be able to improve the wetlands over time. On the current site conditions, it is basically open land containing wetlands of which a couple that this project will not be impacting. Mr. Runyan presented a rendering of the facility stating that it was presented at two of the open houses. One of the open houses invited the public that owned propert ith in a 1 to 2 mile radius to discuss what is being looked at. Mr. Runyan explained that the facility would be 8 tion ine generators that will burn natural gas, which will convert the gas in to . cit is facility will peak at 640 mega-watts of electricity that would power an estimate of 0,000 homes at peak hours. This facility will be referred to as a ''''peak . ity s aning it will only run at peak times of the day when the highest electric cons is d. The operation will be limited due to the design of the building to 2500 acility will target the hot summer days and cold winter nights where more is d. At this time the proposal is to burn natural gas primarily with a back up for oil b burn oil the facility is limited to 500 hours in the event that natural gas is curtailed to a. He stated that currently they are permitting for 1,000 hours and do not see a need for e full 1,000 hours. They are in the final stages of the permitting process from the different agencies such as Dept. Of Environmental, South Florida Water Management and so on. They are anticipating these permits to come through in Mid February. Mr. Runyan stated that the site was designed to minimize the impacts on existing wetlands and in the community. Mr. Trias asked if there was a landscape plan submitted. Mr. Runyan replied in the affirmative and stated it was provided in the site application. He explained that it was not included in the package distributed at this meeting. There is a rendering in the packet that explains the physical features of the plan with some of the new landscaping needs. He explained that they would maintain a lot of the trees and shrubs that are on site. There are a lot of trees and shrubs on site that will have to 'be removed as a condition to the applicatioI), such as the exotic vegetation that are currently on site and deal with a lot of the timber on site. Mr. McCurdy stated that he understands the noise level chart in the packet has the Ft. Pierce January 18.2001 page 3 '-' ""'" generating station residential nighttime and the dishwasher in the next room. He would like to know how far away would that noise level be considered. Mr. Runyan replied that the Ft. Pierce generating station would fall below the current residential nighttime noise ordinance in the St. Lucie County Code at the property boundaries. He stated that closer to the facility there will be more impacts. The review of sound came from the St. Lucie County Code required measurements at the property boundaries. Mr. McCurdy reiterated that the noise level in the reports would be at the property boundaries. Mr. Runyan explained that there had been two 24 hour detailed analysis of background sound levels in the area. The study was compiled with the plant running to make sure the St. Lucie County Code would be met. Mr. Lounds asked what the annual running time would be. at the typical maximum length of time would .00 p.m. Mr. Runyan replied in the negative. be twelve hours a day, approxi Mr. Lounds asked if that would \:ì Mr. Runyan replied that it is more mar et, because these facilities are not as cost effective as a base load facility. He stated that this is a peak facility and it can come on in thirty minutes and shut down in thirty minutes to help the base load. Mr. Lounds asked if the primary business is to sell electricity to whomever wants to buy it. Mr. Runyan replied in the affinnative. He stated that this facility is being placed in Florida for' the Florida need of electricity more so than other states. Duke is looking at other areas in the nation also. Mr. Lounds asked if theoretically electricity could be sold to California. Mr. Runyan replied that theoretically it could be done but it would be difficult to do so. L Mr. Lounds stated that his point is that Duke Energy is self regulated, meaning self regulated as far as the hours that are ran. He asked for clarification and staff confinned. January 18,2001 page 4 '-' '-' Mr. Runyan stated that this facility has the potential to run 24 hours a day, Market detennining. Mr. Hearn stated that Mr. Runyan referred to the property on the South as zoned Agricultural Residential. He believes this to be incorrect and ask staff for clarification. Ms. Snay replied that it is both Agricultural Residential and Industrial Heavy. Mr. Hearn asked if the plans were reading the stacks at 116 feet tall. Mr. Runyan replied that is correct but they are about site elevation of 23 feet. This meaning the stacks are actually 93 feet tall. Mr. Hearn asked that if the land beside this facility went residential in the future, and the wind was blowing would the residents be able to detect an odor. Mr. Runyan replied in the negative. He explained th ·f you run on either natural gas or #2 low sulfur diesel oil no odors or visible clues would ted. Mr. Runyan replied that the turbines are the air and fuel are combusted toget are no requirements to clean the s low rise combusters. In that process when up like on a chimney or fuel stack. There e stacks will be monitored constantly. Mr. Hearn asked what the procedure of clean' stacks would an additional conditional use be Mr. Lounds asked if these proposed units were the same as FP&L are converting to in the Fort Meyers area. Mr. Runyan replied in the affirmative. He explained that these machines are General Electric 7EA machines and that FP&L are General Electric 7FA which is twice the size. Mr. Lounds asked if the concept is the same. Mr. Runyan replied in the affirmative. Mr. Grande asked if the natural gas utility is free toLconvert to an oil burning facility. He asks if on an economic basis could this be done. . January 18,2001 page 5 "" '-' Mr. Runyan replied in the affirmative. He stated that it is highly unlikely due to the cost of oil burning. There are still deliberations about the oil-burning infrastructure being built at this facility. The air permit will still only allow 500 hours per year. The reason for the 1000 hours on the facility was due to concern of the Florida natural gas market. At this time there are no other Duke facilities with oil infrastructures. Mr. McCurdy opened the public hearing, Mr. William Oath, resident of Fort Pierce for 40 years. He would like to know during the operation where will the waste go. 2. Prior to the issuance of any building permits for the proposed structure or buildings on this site, all exotic vegetation found on the site shall be removed. 3. The applicant shall connect to central water and sewer services upon the installation of central water and sewer lines from the project site to Midway Road at its intersection with Milner Road. The use of the private well shall be discontinued except for irrigation use until such time as an alternative water resource for irrigation is available. 4. Prior to issuance of any building permits for construction, the developer shall construct Jenkins Road Extension, to the southern boundary of the project site. Paving of the road may be completed after construction of the plant. January 18,2001 page 6 "'" ..., 5. Prior to issuance of any building pennits for construction, the developer shall construct right and left turn lanes into the proposed project. Please contact this office if you have any questions on this matter. Mr. Hearn stated that for the record he would like to clarify his vote by saying the land crossing the southern boundary should have special consideration to be rezoned so that there is not a chance of residents in that area. Mr. Jones motioned after considering the testimony presented during the public hearing, including staff comments, and the standards of review set forth in Section 11.07.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the Board of County Commissioners grant approval to the application of Duke Energy Fort Pierce for a change in zoning from the ill (Industrial Heavy) Zoning District to the U (Utilities) Zoning District because it is a good and appropriate use for the property. Mr. Lounds seconded the motion. Upon a roll call vote the motion was passed unanimously with Mr. Merritt and Mr. Matthes recusing themselves. ~ Mr. McCurdy opened the public hearing for the con . on se of Duke Energy. There being no one the public hearing was closed. Prior to the issuance of an buildings on this site, all exotic v dards of review as set forth in de and is not in conflict with the om hensive Plan. Staff recommends . ssioners with a recommendation of Ms Snay stated that staff finds that this petition Section 11.07.03 of the St. Lucie County Land De 0 goals, objectives, and policies of the St. Lu unt that you forward this petition to the Boar t approval subject to the following con 6. pennits for the proposed structure or n found on the site shall be removed. 7. The applicant shall connect to central water and sewer services upon the installation of central water and sewer lines from the project site to Midway Road at its intersection with Milner Road. The use of the private well shall be discontinued except for irrigation use until such time as an alternative water resource for irrigation is available. 8. Prior to issuance of any building pennits for construction, the developer shall construct Jenkins Road Extension, to the southern boundary of the project site. Paving of the road may be completed after construction of the plant. Prior to issuance of any building pennits for constn.lction, the developer shall construct right and left turn lanes into the proposed project. . Mr. Jones stated that after considering the testimony presented during the public hearing, January 18, 2001 page 7 '" ....., including staff comments, and the standards of review as set forth in Section 11.07.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Duke Energy Ft Pierce, LLC for a conditional use permit to allow the operation of a 56,900 square foot electrical generating plant in the U (Utilities) Zoning district. Mr. Lounds seconded the motion. Upon a roll call vote the motion passed unanimously with Mr. Merritt and Mr. Matthes recused. II c January i8, 2001 page 8 ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ,""Agenda Request Item Number 5 ~ C Date: Feb. 6, 2001 ...., Consent Regular Public Hearing Leg. [ ] ] [ ] [X] Quasi-JD [ X ] Board of County Commissioners Community Development Director ~ mmunity Development Director Consider Draft Resolution 01-007 approving the request of Duke Energy Ft. Pierce, llC, for a Conditional Use Permit and Major Site Plan approval to allow for the construction of a 56,900 square foot, 640 megawatt, electric generating plant, to be known as Duke Energy Ft. Pierce Generating Station. (File No.: MJSP-00-011 and CU-00-011) Duke Energy Ft. Pierce, llC has applied for a Conditional Use Permit and Major Site Pian approval for a new 56,900 square foot, 640 megawatt, electric generating piant, to be known as Duke Energy Ft. Pierce Generating Station. This new facility will be located on a 99.5 acre tract of land, located on the southeast side of Glades Cut-Off Road, approximately one mile southwest of the intersection of Glades Cut-Oft Road and Selvitz Road and zoned U (Utilities). The proposed plant will be operated within a 5,400 square foot building and 51,500 square feet of equipment. The plant will be a gas-fired facility with eight simple cycle energy generating units which produce up to 640 megawatts of peak power at its design operating conditions. The primary fuel proposed by the applicant to be utilized for this plant will be natural gas, with the capability of using low sulfur NO.2 distillate fuel oil as a backup fuel in the unlikely event of a natural gas curtailment. In addition, the plant design will contain eight 93-foot high exhaust stacks, one stack for each turbine generator. The subject property is surrounded by IH (Industrial Heavy) zoning to the north, east and west and AR-1 (Agricultural, Residential) and IH (Industrial, Heavy) to the south. N/A The Planning and Zoning Commission, by a vote of 7 to 0, with two members recusing themselves from the proceedings (Mr. Merritt and Mr. Mathes), recommended approval of the Conditional Use Permit at its January 18, 2001 meeting. Staft recommends approval of Draft Resolution 01-007, subject to the cited conditions contained therein. . CONCURRENCE: ~~ Douglas M. Anderson County Administrator COMMISSION ACTION: [J[] APPROVED D DENIED U OTHER 4-0 County Attorney Originating Dept.: Finance: 3l; Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: v ...., COUNTY COMMISSION REVIEW: February 6, 2001 Resolution 01-007 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Corrunissioners Community Development Director January 30, 2001 Petition of Duke Energy Ft. Pierce, LLC, for a Conditional Use Permit and Major Site Plan approval to allow for the construction of a 56,900 square foot, 640 megawatt, energy generating plant, to be known as Duke Energy Ft. Pierce Generating Station, in the U (Utilities) Zoning District (File No.: CU-OO-Oll and MJSP-OO-Oll) From: Date: Subject: The subject property is located on the southeast side of Glades Cut-Off Road, approximately one mile southwest of the intersection of Glades Cut-Off Road and Selvitz Road, in the U (Utilities) Zoning District. The purpose of the Conditional Use Permit is to allow for the operation of a 56,900 square foot, 640- megawatt, electric generating plant, to be known as Duke Energy Ft. Pierce Generating Station. On October 18, 2000, Duke Energy Ft. Pierce, LLC submitted an application for a major site plan and conditional use permit for a 56,900 square foot, 640 megawatt, electric generating plant on a 99.5 acre land parcel. On November 29, 2000, the Development Review Corrunittee found that the major site plan met all technical review requirements. Upon the Development Review Corrunittee finding that the applicant's request for major site plan approval met technical requirements, the applicant's request for a Conditional Use Permit was processed. At this time, a review of the Conditional Use Permit finds that the request will not adversely affect the surrounding areas. The properties to the north, east and west are designated with IH (Industrial, Heavy) zoning and to the south is IH (Industrial, Heavy) and AR-l (Agricultural, Residential - 1 du/acre) zoning. The proposed electric generating plant is a gas-fired, 640-megawatt, facility with eight simple cycle generating turbine units, which produce up to 640 megawatts of peak power at its design operating conditions. The primary fuel source used by the turbine generators will be natural gas, with the capability of using low sulfur No.2 distillate fuel oil as a backup fuel in the Ulùikely event of a natural gas curtailment. The power plant will be designed with eight, 93-foot high, exhaust stacks, one for each combustion turbine generator; a closed loop auxiliary cooling system; 5,400 square feet in buildings; outdoor electrical switchyard; an underground natural gas transmission line extending to the plant; water and wastewater treatment systems and storm water management facilities; water and fuel oil tanks; and diesel firewater pump for emergency use only. The proposed electric generating plant is not expected to adversely impact the surrounding properties. The proposed site is located within an area zoned for heavy industrial uses. The proposed utility use is more compatible with the general characteristics of the surrbunding properties (industrial uses) located to the north, east and west than the AR-I (Agricultural Residential - 1 du/acre) zoned properties to the south. There is an existing gas pipeline located within the vicinity of the subject property and in addition a new gas pipeline is being proposed to be installed within the vicinity of the subject property. The subject property will have access to the existing FP&L power grid along the southern property line. The Fort Pierce Utility Authority owns a vacant piece of property that abuts the subject property to the north. This property has the potential to be developed as a wastewater treatment facility. ...... ...., February 6, 2001 Page 2 Subject: Conditional Use Permit - Duke Energy Ft. Pierce, LLC File No.: CU-OO-Oll and MJSP-OO-Oll Staff notes that the site consists of predominantly pasture land with degraded remnants of both pine flatwoods and small freshwater marshes. In addition, over 10 acres of the proposed site has been severely impacted by Brazilian Pepper. The site contains approximately 18.2 acres of wetlands. During the design of this facility, the developer proposed a design, which preserved a majority of the wetlands on this site. These wetlands will be enhanced by the developer and utilized within the storm water management program. At the January 18, 2001. public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 0, with two members recusing themselves (Mr. Merritt and Mr. Mathes) recommended approval of this petition as set forth in Draft Resolution 01-007, subject to the following conditions: 1. Prior to the issuance of any building permits for the proposed structure or buildings on this site. all exotic vegetation found on the site shall be removed. 2. The applicant shall connect to central water and sewer services upon the installation of central water and sewer lines from the project site to Midway Road at its intersection with Milner Road. The use of the private well shall be discontinued except for irrigation use until such time as an alternative water resource for irrigation is available. 3. Prior to issuance of any building permits for construction, the developer shall construct Jenkins Road Extension, to the southern boundary of the project site. Paving of the road may be completed after construction of the plant. 4. Prior to issuance of any building permits for construction. the developer shall construct right and left turn lanes into the proposed project. The proposed Conditional Use Permit, subject to the recommended conditions, meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code. and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends the approval of this petition for a Conditional Use Permit and Major Site Plan approval to allow the operation of a 56,900 square foot, 640 megawatt, electric generating plant in the U (Utilities) Zoning District for property located on the southeast side of Glades Cut-Off Road, approximately one mile southwest of the intersection of Glades Cut-Off Road and Selvitz Road, as set forth in Draft Resolution 01- 007 which includes the recommended conditions. SUBMITTED: Shewchuk, AICP unity Development Director . IS/cs cc: Duke Energy Ft. Pierce. LLC Noreen Dreyer, Ruden. McClosky, Smith. Schuster & Russell. P.A. 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 RESOLUTION 01-007 FILE NO.: CU-oO-o11 and MNSP-oO-011 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND MAJOR SITE PLAN APPROVAL FOR A 56,900 SQUARE FOOT, 640 MEGAWATT ELECTRIC GENERATING PLANT TO BE KNOWN AS DUKE ENERGY FT, PIERCE GENERATING STATION IN THE U (UTILITIES) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: CONDITIONAL USE PERMIT 1. Duke Enerav Ft. Pierce. LLC. presented a petition for a Conditional Use Permit to construct a 56,900 square foot, 640-megawatt electric generating plant, to be known as Duke Energy Ft. Pierce Generating Station; in the U (Utilities) Zoning District for the property described in Part B. 2. On January 18, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use Permitin U (Utilities) Zoning for the property described in Part B. 3. On February 6, 2001, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 5. The proposed 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. File No.: GU-00-011\MJSP-00-011 February 6. 2001 Resolution 01-007 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 6. The project will be served onsite water and sewer services. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on February 6, 2001. 8. Section 11.07 .05(B) of the St. Lucie County Land Development Code requires that all applications for Conditional Use Permit include a full site plan if the proposed use or development meets the submission requirements of Section 11.02.02 of the Land Development Code. SITE PLAN 9. Duke Enerav Ft. Pierce. LLC, presented a petition for a Site Plan approval to construct a 56,900 square foot, 640-megawatt, electric generating plant, to be known as Duke Energy Ft. Pierce Generating Station; in the U (Utilities) Zoning District for the property described in Part B. 10. The Development Review Committee has reviewed the petition for a Major Site Plan approval and found it to meet all technical requirements of the Land Development Code and to be consistent with the Future Land Use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part D of this Resolution. 11. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan, the St. Lucie County Land Development Code and the Code of Ordinances of St. Lucie County. 12. 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. 13. 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. 14. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 15. The project will utilize onsite water and sewer service. 16. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director Ol"l February 6, 2001. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: File No.: CU-00-011\MJSP-00-011 February 6, 2001 Resolution 01-007 Page 2 1 2 3 4 A. 5 6 7 8 9 10 11 B. 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 "'"' ...., CONDITIONAL USE PERMIT Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for Duke Energy Ft. Pierce, LLC. to allow a 56,900 square foot, 640 megawatt, electric generating plant, to be known as Duke Energy Ft. Pierce Generating Station, in U (Utilities) Zoning and as depicted on the site plan drawings described in Part D, is hereby granted for the property described in Part B, subject to the conditions described in Part D. The property on which this Conditional Use Permit is being granted is described as follows: Parcel A A portion of land lying within Section 31, Township 35 South, Range 40 East, SI. Lucie County, Florida. Commence at the southwest corner of Section 31, Township 35 South, Range 40 East; thence run north 89°57'18" east, along the south line of the southwest Yo of said Section 31 for a distance of 1005.74 feet; thence departing said line run north 00°02'42" west, for a distance of 49.50 feet to the Point of Beginning, said point being a point on the north line of the North SI. Lucie River Water Control District Canal NO. 102, said point also being a point on a curve concave southwesterly, having a radius of 3336.33 feet, a Central Angle of 14°41'59", a chord bearing of north 29°01'09" west and a chord length of 853.62 feet; thence along the arc of said curve, an arc length of 855.97 feet to a Point on the southeasterly right-of-way line of the Florida East Coast Railroad; thence run north 44°44'24" east, along said southeasterly right-of-way line for a distance of 1495.22 feet; thence departing said line run south 45°15'05" east, for a distance of 334.48 feet to a point on a line lying 1035.50 feet south of and parallel to the north line of the south 112 of said Section 31; thence run south 89°59'47' east, along said line for a distance of 1180.27 feet; thence run south 22°32'03" west, for a distance of 1701.80 feet to a point on the aforementioned north line of the North SI. Lucie River Water Control District Canal No. 102; thence run south 89°57'18" west, along said north line for a distance of 1404.02 feet to the Point of Beginning. Together with: Parcel B: A portion of land lying within Section 31, Township 36 South, Range 40 East, SI. Lucie County, Florida. Commence at the southwest corner of said !:tection 31; thence north 89'57'18" east, along the south line of said Section for a distance of 2409.76 feet; thence departing said south line run north 00°02'42" west, for a distance of 49.50 feet to the north rlght- of-way line of the North SI. Lucie River Water Control District Canal No. 102 and the File No.: GU-OO-011\MJSP-00-011 February 6, 2001 Resolution 01-007 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 C. 17 18 19 20 21 22 D. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 E. 46 47 '-" 'WI Point of Beginning; thence north 22°32'03" east, for a distance of 1701.80 feet to a point 1035.50 feet south of the north line of the south Yo of said Section 31; thence south 89°59'47" east, along said south line for a distance of 87.43 feet to a point on a curve concave southeasterly having: a radius of 744.49 feet, and a central angle of 23°25'14" and a chord bearing of north 36°49'24" east; thence along the arc of said curve an arc length of 304.32 feet; thence south 41°27'59" east, for a distance of 417.49 feet; thence south 00°03'239" west, for a distance of 1500.00 feet to the north right-of-way line of aforesaid Canal 1 02; thence south 89°57'18" west, along said north right-of-way lien for a distance of 1195.68 feet to the Point of Beginning. Containing 99.5125 acres, more or less. (Location: Southeast side of Glades Cut-Off Road, approximately one mile south of the Intersection of Glades Cut-Off Road and Selvltz Road.) A copy of this Resolution shall be attached to the site plan drawings described in Part D, which plan shall be placed on file with the St. Lucie County Community Development Director. SITE PLAN Pursuant to Section 11.02.09 and Section 11.07.05(B) of the St. Lucie County Land Development Code, the Major Site Plan for the project to be known as Duke Enerav Ft. Pierce Generatlna Station be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by DUKE/FLUOR DANIEL, dated November 21,2000 and date stamped received by the St. Lucie County Community Development Director on November 22, 2000, subject to the following conditions: 1. Prior to the issuance of any building permits for the proposed structure or buildings on this site, all exotic vegetation found on the site shall be removed. 2. The applicant shall connect to central water and sewer services upon the installation of central water and sewer lines from the project site to Midway Road at Its intersection with Milner Road. The use of the private well shall be discontinued except for irrigation use until such time as an alternative water resource for Irrigation is available. 3. Prior to issuance of any building permits for construction, the developer shall construct Jenkins Road Extension, to the southern boundary of the project site. Paving of the road may be completed after construction of the plant. 4. Prior to Issuance of any building permits for construction, the developer shall construct right and left turn lanes Into the proposed project. The property on which this site plan approvai is being granted is described in Part B of t~is Resolution. File No.: GU-00-011\MJSP-00-011 February 6,2001 Resolution 01-007 Page 4 1 2 F. 3 4 5 6 7 8 G. 9 10 11 12 13 14 15 16 17 H. 18 19 20 21 22 23 I. 24 25 26 27 28 J. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '-' ...., The approvals and authorizations granted by this Resolution are for the purpose of obtaining building permits on this property and shall expire on February 6,2002, unless the developer has obtained a building permit approval for the first phase of the site plan described in Part D or an extension has been granted in accordance with Section 11.07 .05(F) of the St. Lucie County Land Development Code. The Conditional Use Permit and Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Duke Energy Ft. Pierce, 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 of this Resolution. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use/Site Plan approval. Should the Conditional Use/Site Plan approval granted by this Resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. The conditions set forth in Part D are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section D is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. A copy of this resolution shall be attached to the site plan drawings described in Part D, which plan shall be placed on file with the St. Lucie County Community Development Director. Further, the Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner John Bruhn xxx Commissioner Paula Lewis xxx ,. Commissioner Cliff Barnes xxx File No.: GU-00-011\MJSP-00-011 February 6, 2001 Resolution 01-007 Page 5 '- ...., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND DULY ADOPTED This 6th Day of February 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney . cs H: WPIConditional UsesIDuke EnergyAgendasIResolution.doc File No.: CU-00-011\MJSp·00·011 February 6, 2001 Resolution 01-007 Page 6 '-' ...,; PLANNING AND ZONING COMMISSION REVIEW: 1/18/01 File Number CU-OO-Oll and MISP-OO-Oll MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission Planning Manager oPI L FROM: DATE: January 9, 2001 SUBJECT: Application of Duke Energy Ft. Pierce, LLC, for a Conditional Use Permit to allow the construction and operation of a 56,900 square foot (5,400 square feet - building and 51,500 square feet - equipment), 640 megawatt, energy generating plant, to be known as Duke Energy, in the U (Utilities) Zoning District. LOCATION: Southeast side of Glades Cut-Off Road, approximately one mile southwest of the intersection of Glades Cut Off Road and Selvitz Road. SITE DESCRIPTON: The proposed electric generating plant is a gas-fired, 64O-megawatt facility. The plant will utilize eight simple cycle generating units to produce up to 640 megawatts of peak power at its design operating conditions. The primary fuel used by the turbines will be natural gas, with the capability of using low sulfur (0.05%) No. 2 distillate fuel oil as a backup fuel in the unlikely event of a natural gas curtailment. The power plant will be designed with the following components: · Eight 93-foot exhaust stacks (measured above plant grade), one for each simple-cycle combustion turbine generator set; · Closed loop auxiliary cooling system; · Various single-story buildings of approximately 5,400 square feet housing the control room, maintenance shop and other support facilities; · Outdo<¥' electrical switchyard, including station step-up transformers, switches and power metering equipment; · Underground natural gas transmission line extending to the plant; · Water and wastewater treatment systems and stormwater management facilities. These services will be provided to and from the plant via underground pipelines. '-' January 9, 2001 Page 2 OPERATION DESCRIPTION ...., Petition: Duke Energy, Ft. Pierce, LLC File No.: CU-OO-Oll and MJSP-OO-Oll · Tanks for water and fuel oil storage, etc.; Paved roads and parking areas; and, Diesel firewater pump for emergency use only. · · The simple cycle generating units will be operated as a fully dispatchable peak power generating facility, and may operate up to 24 hours per day and up to a maximum of 20,000 hours per year for all eight units combined (i.e., an average of 2,500 hours per year per unit). In the event that natural gas is not available, each turbine could operate (on average) up to 1,000 hours per year on backup fuel oil. The combustion turbine generators can be operated on a continuous basis with the capability to operate down to load levels as low as 60 percent for maximum flexibility. The plant will employ approximately 10 personnel once fully operational. Exclusive of short-term transient periods, nitrogen oxide (NO,) emissions from the proposed combustion turbine generator will be controlled to a level of 12.0 parts per million based on dry volume at full load using dry low-NO, combustion technology when firing natural gas. During periods of fuel oil firing, NO, emissions will be controlled to a level of 42.0 parts per million based on dry volume by using water injection to control flame temperatures in the combustor. These levels of control are consistent with what is currently considered to be Best Available Control Technology (BACT) for the industry. The combustion turbine is the main component of a simple-cycle power system. First, air is filtered and compressed in a multiple- stage axial flow compressor. Compressed air and fuel are mixed and combusted in the turbine combustion chamber. Dry low NO, combustors are used to minimize NO, formation during combustion. Exhaust gas from the combustion chamber' is expanded through a multi-stage power turbine that drives both the air compressor and electric power generator. Exhaust gas exits the power turbine at approximately 1,1OO°F and 14.69 pounds per square inch abs,.olute. An inlet air fogging system will be provided to enhance the power output of the combustion turbine generators during the summer months of natural gas operation. The fogging system will consist of two demineralized water storage tanks; pump forwarding/injection skids for each combustion turbine generator '-' January 9, 2001 Page 3 ZONING DESIGNATION: LAND USE DESIGNATION: PARCEL SIZE: PROPOSED USE: SURROUNDING ZONING: SURROUNDING LAND USES: FIRE/EMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: ."", Petition: Duke Energy, Ft. Pierce, LLC File No.: CU-OO-Oll and MJSP-OO-Gll unit, and a water treatment system to provide makeup water to the demineralized water storage tanks. For auxiliary plant equipment, a closed loop auxiliary cooling water system will be utilized. This system will use a water/glycol mixture as the cooling medium and will include an expansion tank, pumps and water-to-air fin fan heat exchangers. U (Utilities) INO (Industrial) 99.5 acres 56,900 square foot (5,400 square feet - building and 51,500 square feet - equipment), 640 megawatt energy generating plant IH (Industrial, Heavy) to the north, east and west; and IH (Industrial, Heavy) and AR-I (Agricultural, Residential - I du/acre) to the south. INO (Industrial) to the north, east and west; and INO (Industrial) and RS (Residential Suburban) to the south. Station #6 (350 E. Midway Road), is located approximately 5 miles to the northeast. Private well water and septic service. See Comments None . Certificate of Capacity. ********************** '-' ...., January 9, 2001 Page 4 Petition: Duke Energy, Ft. Pierce, LLC File No.: CU-OO-Oll and MJSP-OO-Oll This petition is for a combination of Conditional Use Permit and Site Plan Approval. As such, it is required to satisfy both the standards of review found in Section 11.07.03 and Section 11.02.09 of the County's Land Development Code. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use and major site plan, the Planning and Zoning Commission shall consider and make the following determinations: I. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use has been determined to not be in conflict with any applicable provision of the SI. Lucie County Land Development Code. Section 3.01.03(W)(7), U (Utilities) Zoning District, allows electrical generating plants as conditional uses. As noted in the comments below, the proposed site development plan that accompanies this request for a conditional use permit has been determined to meet the minimum standards of the Land Development Code. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. The proposed site is located within an area zoned for heavy industrial uses. The proposed utility use is more compatible with the general characteristics of the surrounding properties (industrial uses) located to the north, east and west than the agriculturally zoned properties to the south. There is an existing gas pipeline located within the vicinity of the subject property and in addition a new gas pipeline is being proposed to be installed within the vicinity of the subject property. The subject property will have access to the power grid through the southern property line. The Fort Pierce Utility Authority owns a vacant piece of property that abuts the subject property to the north. This site has the potential to be developed as a wastewater treatment facility. Therefore, the proposed use would be compatible and would not interfere with the development of any of the surrounding area. The principal source of air emissions from the electric generating plant will be the eight simple cycle combustion turbine generators. The pollutants e[Ilitted in the largest quantity will be NO, and CO; with lesser amounts of particulate matter less than 10 microns in diameter (PMIO), sulfur dioxide (S02), volatile organic compounds (VOCs) and sulfuric acid (H2S0,) mist also emitted from the combustion turbine generators. The following table surrnnarizes the maximum expected annual emissions from the plant (assuming average annual ambient conditions, CTGs fired with natural gas and low sulfur No.2 distillate fuel oil) and the corresponding Prevention of Significant Deterioration (PSD) significant emission rates. '-' ...., January 9, 2001 Page 5 Petition: Duke Energy, Ft. Pierce, LLC File No.: CU-OO-Oll and MJSP-OO-Oll Pollutant Maximum EXDected Annual Emissions (tonslvr)ab PSD Thresholds for Maior Sources (tons/vr) NO. 1,010 40 CO 580 100 VOC 32 40 PM-IO' 170 15 So, 274 40 iI Emissions are based on maximwn hourly emission rates. b Based on 2,500 hours operation per turbine, up to 1,000 hours (per turbine) of which could be fuel oil , All PM assumed to be PM-lO Since the projected emissions of NO" CO, PM-lO and SO, are all greater than their respective PSD thresholds, the project is considered a major source as defined by the regulations governing PSD for each of the pollutants. As such, a PSD permit from the Environmental Protection Agency (EP A) will be required with a demonstration that there will be no violation of any National Ambient Air Quality Standards (NAAQS) and that no PSD increments will be exceeded. The applicant's EPA application, air quality analysis and modeling indicate that the proposed electric generating plant will not cause a significant degradation of local ambient air quality and that the plant will be in compliance with all state and federal ambient air quality regulations. At full load operation of the electrical generating plant, the project is expected to generate continuous noise levels on a 24-hour basis. The existing sources of environmental noise within the project area include vehicular traffic movements on local and distant roadways, occasional distant aircrafts overflights and train movements, intermittent noise from construction activities and sounds from cows, dogs, birds and insects. In order to establish an existing noise base, the developer conducted a background noise survey during the period of May 1, 2000 through May 3, 2000. This survey consisted of both continuous 24-hour and short-term noise level measurements. A total of eight noise monitoring locations, including four 24-hour and 4 short-term sites, were selected to represent the project boundaries and nearest noise-sensitive locations. Exhibit" A" identifies the locations (Sites 1- 4 - 24-hr monitoring sites and Sites A - 0 short-term monitoring sites). To directly compare measured noise levels to the County's noise standards, all noise level measurements were recorded in terms of A-Weighted noise levels for IS-minute durations. The average (Le,), minimum (LIO), maximum (Lso) and statistical (Ln) sound levels were collected for each measurement period. The following table summarizes the results for the 24-hour continuous monitoring sites: Measurement Location Davtime (7 AM -"lOPM N12httime lOPM -7AM L., LIO L.. L., LIO L.. , Site I 45-62 48-62 43-54 42-53 44-54 41-52 Site 2 41-55 43-59 41-53 36-50 38-54 36-48 Site 3 40-52 42-53 38-46 36-48 37-52 36-45 Site 4 51-66 54-67 45-59 43-63 43-67 41-59 '-' ...., January 9, 2001 Page 6 Petition: Duke Energy, Ft. Pierce, LLC File No.: CU-OO-Oll and MJSP-OO-Oll The project will consist of four distinct modules, each including two combustion turbine generator assemblies and their associated exhaust stacks and cooler units. From a noise standpoint, the exhaust stacks will present the most prominent sources of noise from the plant. The following table summarizes the octave sound pressure level data for each individual component to the facility to a distance of 400 feet from the unit: Equipment Octave Band Center Fro ueney (Hz) 31.5 63 125 250 500 1000 2000 4000 8000 A-Wtd Exhaust 116' Silencina) 72.3 65.3 63.3 64.3 63.3 56.3 43.4 32.2 26.2 62.8 Coolina Water Module 7.1 46.1 60.3 52.4 51.7 51.1 40.9 36.2 38.3 54.4 GT Inlet 18' Silencina) 49.1 48.1 41.3 43.4 41.7 36.1 34.9 35.2 38.3 44.5 GT Summary Accessorv 62.8 57.1 51.4 45.8 43.6 40.2 38.1 28.6 15.4 46.1 Inlet Plenum 48.3 47.2 46.0 35.1 34.0 30.4 29.6 20.4 7.8 37.2 Turbine Comnonent 56.4 57.2 56.1 46.0 46.1 41.2 39.9 32.6 19.8 48.1 Exhaust Diffuser 53.6 52.8 48.7 39.8 36.7 30.7 25.2 18.6 5.5 38.8 Load Comoartment 49.7 52.8 47.7 40.4 32.5 29.5 23.0 15.2 1.9 37.4 Generator 57.2 57.4 54.9 45.6 38.7 35.3 27.2 17.7 4.1 43.4 The above table indicates the decibel reading of the equipment at different frequencies. As indicated above, at a frequency 001.5 Hz, the 16' silencing exhaust would have a decibel level of72.3. As the frequency goes up, the decibel reading reduces. Based upon these noise levels, the full-load operation of the power plant is expected to increase the existing background noise levels surrounding the property. This increased noise level will remain well under the noise level criteria set forth in the Chapter 1-13.8 of the Code and Compiled Laws ofSt. Lucie County. Therefore there will be no significant impact on the surrounding properties by the noise emissions from the electric generating plant. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. The proposed property will receive water through an on-site well and sewer service through a septic system for all buildings proposed for this site. As a condition of approval, staff would recommend that upon water and sewer services being installed within the vicinity of this project the developers shall connect to the municipal system. The access into the site is proposed as a single access onto Jenkins Road Extension that accesses Midway Road south of the subject site. Although the site is adjacent to Glades Cut-Off Road, the railroad tracks prohibit access onto Glades Cut-Off Road. The Jenkins Road Extension is planned to ultimately connect to Milner Road at the existing intersection of Midway Road and Milner Road. A small portion of the road north of Midway Road is already in place and serves as access to an industrial area southwest of the proposed site. As a part of the construction of the proposed project, the developer shall be required to construct the southern portion of the Jenkins Road Extension, to the project site's southern boundary. '-' ...., January 9, 2001 Page 7 Petition: Duke Energy, Ft. Pierce, LLC File No.: CU-OO-Oll and MJSP-OO-Oll The average daily traffic proposed by the development once it is operation is 211 trips per day. The afternoon peak hour trips generated during the construction of the project are proposed to be 225 trips per hour and during operation of the facility will be 8 trips per hour. It is assumed that 55 % of the traffic would access the site to/from the west (Midway Road and Glades Cut-Off Road) and 45 % to/from the east (Midway Road, Selvitz Road and 25th Street). According to the traffic impact report submitted by the applicant, the proposed project will not have a negative impact on any of the above referenced roadway facilities. Two of these roadway facility segments (Midway Road west of Selvitz Road and Midway Road west of 25th Street) operate at a LOS F. Even though these roadway segments operate at a negative LOS, the proposed project will not significantly impact the facility based upon the criteria set forth in Section 5.03.03. The amount of traffic generated by this development will impact these roadway segments by less than I % and therefore are acceptable. A condition of approval for the site development plan will be that the proposed development be required to construct turn lanes in such a manner as to accommodate the trucks delivering fuel to the site. The proposed electric generating plant will be gated and fenced from the general public; therefore, very little police protection will be required. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The subject property is predominantly a pasture with degraded remnants of both pine tlatwoods and small freshwater marshes. In addition, 10 acres of the subject property is severely impacted by an overabundance of Brazilian Pepper. A condition of the site plan will be that all exotics are removed from the site at the time of construction of the electrical generating plant. The subject property contains approximately 18.2 acres of wetlands (11.4 acres - wet prairies and 6.8 acres - freshwater marsh (Pickerelweed). The developers have attempted to design the project in such a manner as to not impact these existing wetlands. These wetlands will be preserved, enhanced and utilized as part of the stormwater management program for the project. There are several negative aspects to electrical generating plants such as noise and pollution that may have an impact on the natural environment. The proposed site does not contain any species that will be affected by the proposed project. See the discussion in site plan review for further information. ******************** STANDARDS FOR DEVELOPl\\ENT/SITE PLAN REVIEW In addition to the minimum standards of review and project development set out in Section 7.00.00, 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: ~ ...... ...., January 9, 2001 Page 8 Petition: Duke Energy, Ft. Pierce, LLC File No.: CU-OO-Oll and MJSP-OO-Oll 1. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building and 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 Compiled Laws of St. Lucie County. The proposed Duke Energy electrical generating plant 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. These policies include, but are not limited to: Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes a maximum lot coverage, for the Industrial future land use designation, by structure as 40% - 50%. The proposed project is to be developed at 1.7% of the site being developed with a proposed lot coverage by building of 0.15 % . Therefore, the proposed project is consistent with this policy. Objective 1.1.11 of the St. Lucie County Comprehensive Plan states that the County shall work with interested groups and agencies to increase and broaden the economic base while expanding existing business and industrial opportunities. The proposed electrical generating plant will provide a continuous economic benefit to the County. Therefore, the proposed project is consistent with this policy. 2. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse affect 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 development is not expected to adversely impact the surrounding properties. The proposed site is located within an area zoned for heavy industrial uses. The proposed utility use is more compatible with the general characteristics of the surrounding properties (industrial uses) located to the north, east and west than the agriculturally zoned properties to the south. There is an existing gas pipeline located within the vicinity of the subject property and in addition a new gas pipeline is being ¡:Iroposed to be installed within the vicinity of the subject property. The subject property will have access to the power grid that transverses the southern boundary through the southern property line. The Fort Pierce Utility Authority owns a vacant piece of property that abuts the subject property to the north. This site has the potential to be developed as a wastewater treatment ........ ....,¡ January 9, 2001 Page 9 Petition: Duke Energy, Ft. Pierce, LLC File No.: CU-OO-Oll and MJSP-OO-Oll facility. Therefore, the proposed use would be compatible and would not interfere with the development of any of the surrounding area. The development of the electrical generating plant is not expected to create significant additional demands on any public facilities in this area. The proposed property will receive water through an on-site well and sewer service through a septic system for all buildings proposed for this site. As a condition of approval, staff would recommend that upon water and sewer services being installed within the vicinity of this project the developers shall connect to the municipal system. The access into the site is proposed as a single access onto Jenkins Road Extension that accesses Midway Road south of the subject site. Although the site is adjacent to Glades Cut-Off Road, the railroad tracks prohibit access onto Glades Cut-Off Road. The Jenkins Road Extension is planned to ultimately connect to Milner Road at the existing intersection of Midway Road and Milner Road. A small portion of the road north of Midway Road is already in place and serves as access to an industrial area southwest of the proposed site. As a part of the construction of the proposed project, the developer shall be required to construct the southern portion of the Jenkins Road Extension, to the project site's southern boundary . The average daily traffic proposed by the development once it is in operation is 211 trips per day. The afternoon peak hour trips generated during the construction of the project are proposed to be 225 trips per hour and during operation of the facility will be 8 trips per hour. It is assumed that 55 % of the traffic would access the site to/from the west (Midway Road and Glades Cut-Off Road) and 45 % to/from the east (Midway Road, Selvitz Road and 25th Street). According to the traffic impact report submitted by the applicant, the proposed project will not have a negative impact on any of the above referenced roadway facilities. Two of these roadway facility segments (Midway Road west of Selvitz Road and Midway Road west of 25th Street) operate at a LOS F. Even though these roadway segments operate at a negative LOS, the proposed project will not significantly impact the facility based upon the criteria set forth in Section 5.03.03. The amount of traffic generated by this development will impact these roadway segments by less than I % and therefore are acceptable. A condition of approval for the site development plan will be that the proposed development be required to construct turn lanes in such a manner as to accommodate the trucks delivering fuel to the site. 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. The developer has designed this project in a manner that will buffer the residential properties to the south. These properties are located approximately 0.5, miles away from the proposed plant. The primary construction area for the proposed electrical plant will be adjacent to Glades-Cut-Off Road to the northwest and adjacent to the vacant FPUA site ~ '- ...., January 9, 2001 Page 10 Petition: Duke Energy, Ft. Pierce, LLC File No.: CU-OO-Oll and MJSP-OO-Oll along the northern property line. The developer will be installing landscape buffers along the northern property line adjacent to Glades Cut-Off Road along the northern, western and southern property lines except where there is an existing wetland. The applicant proposes to preserve and e!Ù1ance the wetland materials in these areas and provide the existing vegetation as a buffer. 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 the neighboring properties. The property to the north is owned by the FPUA and has the potential of being developed as a new or additional wastewater treatment facility. The properties across Glades Cut-Off Road are primarily developed as heavy industrial uses with some vacant land that is zoned for heavy industrial. The property to the east is vacant land, which is designated for future development by the developer. To the south is an existing 200- foot transmission line right -of-way. Further south is vacant heavy industrial land and AR -1 zoned lands. The closest residential unit to the subject property is 0.5 miles to the southeast, along Selvitz Road and south of Canal 102. This residence is in an area zoned for industrial use. To the north the closest property is 2 miles away. Therefore, the proposed project will not interfere with the development and use of neighboring property. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V. Adequate Public Facilities. The subject property will receive water services through an on-site well and sewer services through an onsite septic system. A condition of approval for this site will be that upon water and sewer lines being available the developer will be required to connect to the municipal services. D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confinnation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. . The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. '-' '-' January 9,2001 Page 11 Petition: Duke Energy, Ft. Pierce, LLC File No.: CU-OO-011 and MJSP-oo-Oll E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities The applicant is proposing a utility use that will not impact school facilities. F. E~RO~ENTALIMPACT For develop11lf!nts required to provide an environ11lf!ntal impact report under Section 11.02. 09(A) (5), the proposed develop11lf!nt 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 Mannge11lf!nt Policy Plan, Kimley-Hom and Associates, Inc. (August 1982). According the environmental report, the subject property contains the following species: Vegetation Type Acreage Improved Pasture 55.9 Pine Flatwoods 7.0 Wet Prairie 11.4 Brazilian Pepper 10.0 Freshwater Marsh (Pickerelweed) 6.8 Power Transmission Lines/Shrub and Brushland 7.5 Power Transmission Lines/W et Prairie 0.5 Ditch 0.4 Total 99.5 The developer has proposed a design that minimizes the impact to the existing wetlands and pine tlatwoods found on the site. The subject property contains approximately 19.20 acres of wetlands. Of this, the developer has stated that only 0.05 acres of wetlands (approximately 2,200 square feet) will be impacted by the proposed project. The impacts consist of approximately 0.04 aCres associated with construction of a berm along the west side of Wetland A and 0.01 acres associated with construction of an access road over the ditch in the southern portion of the site. A minimum 15 to 20 foot buffer zone will be maintained around the perimeter of the onsite wetlands, and where applicable, exotic plant species will be removed from the buffer zone and native vegetation maintained. The developer will be mitigating any wetland'impacts through enhancement efforts within the remaining preserved wetlands. This wetland enhancement will be accomplished primarily by the rehydration of Wetland A. Wetland A was drained by the excavation of ditches along the western and southern property boundaries. The applicant's ecologists conducted field surveys in June 1999 and February 2000. These field surveys indicated the following fauna species identified on the site: '- ....., January 9,2001 Page 12 Petition: Duke Energy, Ft. Pierce, LLC File No.: CU-OO-Oll and MJSP-OQ-Oll · Birds (Eastern Meadowlark, Northern Harrier, Killdeer, Turkey Vultures, Black Vultures, Tobins and Yellow-rumped Warblers); · Mammals (Eastern Cottontail Rabbits); and, · Reptiles and Amphibians (None were observed on the site during the field visits). Threatened, Endangered or Protected Species No protected plant species were observed within the subject property. There was one state-listed species, Florida Sandhill Crane, observed within the subject property during the June 1999 site visit. This bird was feeding within the interior of Wetland A. The project site does not appear to provide significant nesting or foraging habitat for other listed species. As this is a disturbed site, a condition of approval will be that the developer removes all exotic vegetation from the site. COMMENTS The petitioner, Duke Energy Ft. Pierce, LLC, is seeking approval for a conditional use permit in order to construct and operate a 56,900 square foot (5,400 - building, 51,500 - equipment), 640 megawatt, electric generating plant for property located on the southeast side of Glades Cut-Off Road, approximately one mile south of the intersection of Glades Cut-Off Road and Selvitz Road in the U (Utilities) Zoning District. The project will be known as Duke Energy Ft. Pierce Generating Station. Electrical generating plants are allowed as conditional uses in the U (Utilities) Zoning District upon approval of the Board of County Commissioners. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval subject to the following conditions: 1. Prior to the issuance of any building permits for the proposed structure or buildings on this site, all exotic vegetation found on the site shall be removed. 2. The applicant shall connect to central water and sewer services upon the installation of central water and sewer lines from the project site to Midway Road at its intersection with Milner Road. The use of the private well shall,. be discontinued except for irrigation use until such time as an alternative water resource for irrigation is available. 3. Prior to issuance of any building permits for construction, the developer shall construct Jenkins Road Extension, to the southern boundary of the project site. Paving of the road may be completed after construction of the plant. '-' ...., January 9, 2001 Page 13 Petition: Duke Energy, Ft. Pierce, LLC File No.: CU-OO-Oll and MJSP-OO-Oll 4. Prior to issuance of any building permits for construction, the developer shall construct right and left turn lanes into the proposed project. Please contact this office if you have any questions on this matter. Attachment cs cc: Noreen Dreyer Duke Energy Ft. Pierce, LLC File '- '- ..,.¡ The meeting minutes will be distributed under separate cover. Q) . '-' ;- ~ Approximate I~\ Scale in Feet '-. -"I \- - \ , 184 368 '\\ 0 .!-'\ .....-::... o (---I -J":; I,"-X: ::':), '. -.. t, "---..1 -',- -'. '-'~ "',~ ì_-. \-~.\ u ...., iil;~~ 01 ···~'õn ~-" (OJ ~,''''' è.·0 .. ." I -') ~,.:.. c.:.- r.... ~ (3t-'! ,'~ [I / - - ~. ~ . . - /., <, ~ _Jr.! / -- ~"r ==t ---w=--¡ ,/ ~'l-, r 'Ii _: (-lk-~'3 - _ ') r-;j j JI. \J. J..rL.J --c - '" o D:: .t -;;: Q; en /.---~....-.:::.~,' (::~ 6 ._. ..·ïi. .~ .. ---' - " ¡ 'þ' a, ' (- L~ r-' \ " -. ~"" I-I--~ LEGEND - Project Boundary . e 15 Minute Measurements o 24 Hour Measurements .L i --c- ,'r~~" CH2MHILL E092OOOD05A.TI.lf"çl.A$.i1dd Figure 4-14 Noise Monitoring Locati~ns Ft Pierce Generating stabon Duke Energy . ~----' j W. !l. 1. Purpose ~-- "- '-'" Section·3.01.03 Zoning District Use ~egulat¡ons UTILITIES The purpose of this district is to provide and protect an environment suitable for utilities, transportation, and communication facilities, together with such other uses as may be compatible wiih utility, transportation, and communication facility surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses ) a. b. c. d. e. f. g. h. i. j. k. I. m. n. Air transportation services (<51.452) Agriculture, including farms, groves, and ranches. (0'.02) Communication. (48) Electric services (491 Electric transmission rights-of-way. (491) Gas pipeline rights-of-way. (492) Gas production and distribution (492) Industrial wastewater disposal. (999) Railroad, rapid rail transit, & street railway transportation. (40.41) Sanitary services (495) Transportation services (47) Telecommunication towers - subject to the standards of Section 7.10.23 (999) Water supply and irrigation systems. (494.487) Water transportation (") 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. . 7. Conditional Uses ) a. b. c. d. Airports. (456) Electric generation plants. (491) Gas production plants. ('92) Land clearing and yard trash recycling operations - subject to the provisions of Section Adopted August 1. 1990 130 Revised Through 08/01100 · :~< " .-' '- ...., Section 3.01.03 Zoning District Use Regulations 7.10.12. (999) e Natural or manufactured gas storage and distribution points. (492) f. Protective functions and their related activities· Correctional institutions (9223) g. Solid waste disposal. (4953) h. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Automobile and lruc~ rental services. b. Restaurants. (Including the sale of alcoholic beverages for on premises consumption only.) (999) . Adopted August 1, 1990 131 Revised Through 08/01/00 - ........ ( ...., . A Petition of Duke Energy LLC, for a Conditional Use Permit to allow the construction of a power plant in the U (Utilities) Zoning District. CaftOIIII<I.G1 ~'''''.101 - r - - - - 1I.$.l.R...u.o. C' b ( - l n H n n -- I . . ! i I I I I I I I I I I L_-' --, I I I ') CU 00-011 t e Community Development ~ ;¡. ~ Geographic Information Systems r . . Map prepared November 30. 2000 . ThillY-.phal~~lcrgøoerølpa.m¡ngard"'~~ootj. NT,. WtòIoi .-ylffotlhu t-\ft\IIde to proYidIothotmoa1cumand accu'8Ie . inIorm8\Ion pœ....kÍl noIlnla-ded!arUM" a Iegd¡I tJndi'\g ~ ~ This pattern indicates subject parcel '" """. e' w Zoning Duke Energy LLC AR-1 ! j c' c I I n I R -+2 · I IR l' I · . I ) · . AR-1 IH C_Mo.KlI I I I I I I I I I I L_..J --, I I I cu 00-011 IH P D -~'" N.UJI...W.o. ~ This pattern indicates subject parcel _Community Development t;¡ ..~ Geographic Information Systems . . Map prepared November 30. 2000 l Thill "... tIM bMo cornp¡ltd IorgMWWpIanrW1g III'd NI...-.ce ÑPo- DIlly. 'MÎIIiI..-.ry IIrorIhM ban ITlldilIO proYide the rn:wtQ.ml'lland IICClDII InIomIdonpoNl;>le,.ilnoIInlendedJgr......legallybh:lng~. N "" r ...., Land Use Duke Energy LLC C_No.'Ð1 ~"Io.101 K.5.lJlt.1If,¡j.. MXD Glades RS ] . PIF ~ c· r I I I iR I I I ft . ft ft -, <- . CU 00-011 _Community Development þ( ,~ Geographic Information systems. . , Map prepared November 30. 2000 TNa IT-.¡> I'ou bNn çgmpllMllorgennplww1íng n ....... ~ orit WhIII ~ 1IIIort'- boIn m8de 10 Pfgyjdo'" mOIIa..mnIar.:I acn.nI8 N inIorm8don poulble.... notntended lor..... BlBgaIyblndlng o;!oaIn8I\I. ~ This pattern indicates subject parcel ~ ...." Duke Energy LLC CU - r - I-- I-- f-- ....$.I..R.W.IoUI. . c· f-- ñ 0 N N N N I . N j j . Geographic Information Systems V / / / / // /:1 This. pattern indicates ": . . . Map prepared November 30. 2~00 ~ ~ subject parcel l ~"::.,"'...."":::.':::',~o,:-",:~,,:::=:,,"'=,"" N. i'IforrnIo jc¡nPØ*li!*,.illnoIlrt.-.dodbr........lltgdyblnc:hngdocun8nl '-' ...., Duke Energy LLC CU 00-011 Community Development . ~ Geographic Information Systems -< '. . Map prepared November 30. 2000 ThilmaphQ'-"OOfT"ØIødfofgenenllpØnning_~plirposesontv N R~ l'oWIe~ofIotI"-beanmadejoproo.;œlhelTlOlltcuneriandllCCllftle nIormationpossible._isnolirrlflroed Ioru... ....legaIIybiodilg document ~ This pattern indicates subject parcel 8 ~ ~ " ~~ ""'< 8 >. .. .. ~ ~ ..s " u'" :a~ "'= Eo .... o 0 ~~ '" " , u 0 E"i' "'=> -tu > " u " o . >.~ 'ã =r =0 E'" EN o '" U .. ~ 0 o ~ ;; ~ <:"t ;:¡ E .. -S .5 "" C~ :¡~!UI~iijl ,~ .... ¡ ..... . f"'} I..... ! ......1 'E-::~;~ ~¡~:~I N ""''''' """M <"'to ò-·' g o S · £1i~Ii~ii .g_.g_~~ë o..o..CQ¿:-J: £l~ 15 G ã 5. U tl.,i:z" ;>-C1., CL.. o N U õ; ~ > -cOO "Q <")ø:::] ø:: ;;;"~:2 ~.!;! 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N N .... ,.,N N N NN ~ '" o 0. ~ .:; t > "' c . -.¡; oS ~ o " u ~ ~ 0. .šl " " ct5 U u .... ~-~ n H ~ ~ ,.. .. o M M ,..¡ M <'10\,- N.OO:_ o ..~ O~~ g~~ Ñ"":oi M ~ N ~~8: "':""'¡-i n-nTITl" ¡ ¡ : ' : ! ,¡ ¡' , , " ,I ¡ . I ! . . , ,. ¡ -+---iT-t----J ]1' , ¡ ~: ¡ ; ILl III! ;, Ii ¡ ·1 I " Ii Î i : : :Lf+J : I I i ! I '1: ~ -..,.1' ~ 1 I ... õ ,.. œ '" œ .. I he- ¡~ '-' ....., '" ',,1 ST. LUcie CbUNTYBOARD , I. OFCO:Y~,T'(COMMISSIONERS. I, PUBdW'.HEARING AGENDA '.' '. i" . -February 6. 2001 ' I( i f TO WHOM IT MA Y'.CONCERN: 'r::~' ~ Nor,CE:cb ·,hereby'glven.ln accordance wltfl SèC:tio" 11.00.03 of the St. l)Jcle County ,land Development,ÇClde_ ".!. and in accordance.'with the·provislons of ",-' St~d.Lcl. . COunty ,COmprehensive' PIon. :tbat the followfns¡ appl~nt 'I has requested that fhè'St. Lucie County Board:of.~CòutltY CommlSsk;Þners consl~r thelnequest as fellows: w 1 1. ,Duke Enefgy L,lc;"',for _0 Gange In Zonlnçj-,from, H (Industrial, Heavy) :z-ø"rílíijf blStrlcttoÜI~flUtles) 'ZII;mlr;g . District for .he follow!na ,desalbed Pfopiwtÿ: ,,' <.'~~". I A PQrtl~n_of s.cno~''a'i~ ToWnihlp_ .35. Sóuth," Rà!1ge:,,:40 East\Cqmplete- legc:i ,desqlption "I,.: cM:.,nàble 'at. tt;e: ''$to Lu~i.'ëounty Commûnlty bMfopmitnt DêPartment. ',' ", r , ) r . E S ) 2.: Oùk~. Enet-gY LLC. for"a Condltfonàl "use Pennft:t~<al:lOw ) the,constrUction of -a power plant In the U (Utlllllél).,Zon- 1- Ing!DIItrk.fforthefotloWlng'desalbedpro~' ·-'r .. D A '~lon:éJf s.Kti~~ ;'317;:oWnSltlp' 3_5 's~:';:-RJ~S;' ·;co- :J Ealt Complete legal delCÌ'lptlon Is, avallable-·ért·~~e'St. J_ ludeÇaunty CommUnity' o.....lqpment Department.· '. ~E ',\r':'JÍ_ ""';,.-:J;,,,' 'e'; ~_';¡';_·<;__-".\1__. E- (T+_ld:-~o.2431-4n.OróÓl~OOI9),'-? ~t:;r\<::\_¡.~t-:" ,\\ >. locëtlan;'$outheastsideOf Glodes- Cut-'OffRaad; apprOJl:- Imdte y1,mUe,'lPuthwest 'Of. the .Inter~ ':01 :Glade. :F C'1~Off~~d and Sel~~~,__:' -, "'~,^~~-:.~W-;'~'iÖ . A PU.".ÚC:- HEA. RING will, be. h,e1d'Jn tn¡.;.""""..... '"tj{~Ii~.. slOf! !:~rnber.. 3rd floor;Of thilRogitr P,olkas/:,-.csrrtlo~~ ..fioi¡ Anriåx .øuUdlng.23ØQ Virginia A'lffi"ue~.~_PI.ree_. Florida ,~F!~ 6,'-2001. beginnll1Q.~~ i?1~¡P;~"0I'" ,e as soon-~ereoftef as possible. _ ,'....,' fy ,-, .' :' ,"". ," -~~- :;'~'-,:~' ~'.:-:. ... PURSUANT':~O Sectlon'286.01QS. florlda'Staklt.s.-tIf~ Ir- penon ~ '10 appeal any decisIon maèfe-by if board. g; agency, or ~mllllo~"'wJth respei::t to ÇI~ýmattèi:_cOìt.id. is er4td,9\,~~IIf!g ,or ~1M,'!I':iI!,,~;P{~:~i~ ys ~rtOs.:-and that.'fcif'such-purPOø.":Þ~marjieed fo' ::w enSl,ll'8 tJ:K:¡taverbatlm iecord of_ the proeHdlflgt Ii made, 1- which. ('eÇOfq Inçiudes the _testill'l()ny,arn.;je'lffdenc:! ,,'poI) ). wf1lch thiiâÞPeaI Is to bebased.:_,' -_' ' .., ,'-, , I"~ - "t..~~ ....'. " ."("~>,' ;::'[ J,~rt_.~.,,:;, (Tòx Id',No. 2,431 ~,l~O~~.:-p90/9) ~._. ~~";;' -~:_)" '~ ··;,_-,.'<,~;,)t ;":' , .; ;.",;";': :(. location:· Southeasfslde,of Glades Cut~ff Rood, approx. ImateIy _ 1 mite ;1C!uthJNut:,'?f "~ ntM'~on Of '~acIes Cut:'OffRood a,nd $èIVltz Rood." . , " .! .. ~ B'6ÄRD:bF...édùN_#tg~IS'S¡ÒNÊR$i-'i ST. 'lUCI,~ 'COUNrr~¡~LO~ID^,"~:~~':,";; ';,~,,:,:, -/5/ Frann~e Hutchinson. ~HAIRMAN ;- ;fJ~~\~~i~i>i' ;~,t';?-:'ß~¡·'" :': ~:;t;~,_i:~:_j¡¡'~ ,- Publish: JantlOÒ'_27; 2001 2 .,',' 2Ó70~95 ,-"'ov'>-" .f , f- ,~" . '. ¡---¡QinL- )c '-' \- .(5...I~ ~ 7ù ,0 cV' n..--------A c=/' / #"7 <.,-./.}- .s ,e //c-_--' £7~;;~ SITE PLAN r h A. Pursuant to Section 11.02.09 and Section 11.07.05(8) of the St. Lucie County Land Development Code, the Major Site Plan for the project to be known as Duke Enerav Ft. Pierce Generatina Station be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by DUKE/FLUOR DANIEL, dated November 21, 2000 and date stamped received by the St. Lucie County Community Development Director on November 22, 2000, subject to the following conditions: 1. Prior to the issuance of any building permits for the proposed structure or buildings on this site, all exotic vegetation found on the site shall be removed. 2. The applicant shall connect to central water and sewer services upon the Installation of central water and sewer lines from the project site to Midway Road at Its intersection with Milner Road. The use of the private well shall be discontinued except for irrigation use until such time as an alternative water resource for irrigation is available. 3. Prior to issuanco of any building permits for construstion, the de\·elopor shall sonstruct Jonkins Road Extension, to the southern boundary of the pre ect site. Paving of the road mar bo completed after construction of the plant. 1 ¡ 3. Prior to the Issuance of any certificate of occuoancv or other use authorization for this facilitv. the final olats for the Mldwav Industrial Park. Unit III. shall have been aooroved bv St. Lucie County and all reQuired imorovements necessarv to service the Duke EnerQv site consistent with that olat shall have been comoleted. or security orovided for. In manner acceotable to 51. Lucie County. 4. Prior to issuance of any building permits for any site construction, excludinQ site oreoaratlon work. the developer shall construct ontð" West Midwav Road. dedicated right and left turn lanes at"liiii intersection of South Jenkins Road and West Mldwav Road. Into the proposed project. ~ & . ^,'if\ 5. As Dart of the construction of this orolect. the develooer shall be JíV J , k' / reQuired to construct that oortion of South Jenkins Road from 4· ~ Environment Way. north to the orolect entrance. All works in this I, (/"" ¡K,) area are to be done concurrent with the reQuired Imorovements for ./',' the subdivision known as Mldwav Industrial Park. Unit III {t! i . b J, · f V tI) Ir ~/ /Z,{J':J /ÆJ..I 70 '16 0/..-J ~O, /IF ~ _ ~V£ () ¿J '/,\ ¡~:, f/v ~t9 1/.) ) / ;5J uff' /7~ dLf-:/ t vllP ø ftØA~/V~0 ,4N¿;' /O~~ ~ {O IV ./0 /' /7¿ þJ.-- .-r I/J ~ ~ // I> ~ AGENDA REQUEST IT~NO.~ DATE: February 6, 2001 REGULAR (XX] PUBLIC HEARING (] CONSENT (] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Smithsonian Marine Ecosystems Agreement - Amendment No.1 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Amendment No.1 and authorize the Chairman to sign the Amendment. COMMISSION ACTION: CONCURRENCE: (~APPROVED ( ] DENrED [ ] OTHER: 4-0 ~L.. Douglas Anderson County Administrator County Attorney: Lc;} Review and Approvals Originating Dept. Management & Budget Central Services Mgr.~ Purchasing, =n ( Leisure BYes Dir.; . 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. 01-100 DATE: January 19, 2001 SUBJECT: Smithsonian Marine Ecosystems Agreement - Amendment No.1 ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On November 8, 2000, the Board approved an agreement with the Smithsonian Institution to locate the Smithsonian Marine Ecosystems Exhibit in St. Lucie County. Attached to this memorandum is a copy of Amendment No. 1 which modifies Paragraph 14 (Insurance) of the Agreement to incorporate the specifics of coverage provided through TRICO which specifics were received in January of this year. As indicated in the Amendment, the coverage includes $475,000.00 for Exhibit contents (aquariums, tanks and equipment) and $25,000.00 for Exhibit specimens (fish and corals). The annual premium is $6,371.00 which would be paid by the County through TRICO. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Amendment NO.1 and authorize the Chairman .. to sign the Amendment. Respec7ullY/Submitted ¡ ,J, 1)C?2 - µ~¡/dllf Daniel S. McInty County Attorne ./' DSM/caf Attachment ~1'16j01 TeE 16:21 FA! 202 275 1263 SMITHSONI~~ aCun 4J r.J02 .' '"'" -' \ ~-.-;;:;.:i:."" ¡j..';-:~~. t S.1. Contract .:RCO-OZ!228-0000 AMENDMENT NO.1 THE AGREEMENT (Smithsonian Institution Contraçt No. RCO-021228-0000, the "Agreement"), exeçuted on ,2001, by and between the SMITHSONIAN INSTITUTIOI'i ("Smithsonian") and ST. LUCIE COUNTY ("County"), is amended effective as ofL!-¡e date hereof as set forth below I. Section 14. of the Agreement, Insurance, is hereby deleted in its entirety and replaced wiIh the following new Section 14.: "14. Insurance. A. County. The Smithsonian acknowledges that the County is self· insured as to liability. The County shall provide property insurance coverage for the Building and its contents through TRICO, a risk management pool. The County agrees that, to the extent practicable and as limited by the County budget, in the event of damage or partial loss to the Building, the County will restore the Buildil1g to its pre-damage condition in a timely manner. The County also shall provide insurance coverage witbin tbe TRICO excess property insurance policy for the Exhibit, with Smithsonian a¡ a loss payee. This coverage shaH include $475,000 for Exhibit contents (aquariums, tanh and equipment), as set forth in Exhibit A to tbis Amendment. The County shall provide a separate insurance policy for the Exhibit specimens (fish and corals), at an amount of $25,000, as set forth in Exhibit A. The County shall be responsible for damage or loss occurring as a result of gross negligence or wiIlful misconduct by its employees, agents or contractors or asa result of breach of any oft!-¡e temlS of this Agreement. B. Smithsonian. The Smithsonian is a trust instrumentality of the United States. As such, the exclusive remedy for claims against the Smithsonian for bodily injury, death, and property damage due to tbe negligence ofthe Smìthson1a!1 1 This space intentionally left blank. December 19,2000 ~1'le 01 Tt:E 18:22 FAX 202 275 1283 SMITHS01>!AN aCon 'i1J eo î '-' ...., or its employees is the Federal Tort Claims Act (31 U.S.c. 3723, et. seq.), which carries nO limit of liability. " 2. All ather tenns ar.d conditions ofllie Agreement are unchanged and shall remain in tùll force and effect. ACCEPTED AND AGREED' SMITHSONIAN INSTITUTION ,~ "''io. ..A~ " "." .~\) ¡.~..'\ ',", ) r",,: John W. Cobett~ Contracting Officer BOARD OF COUI'o'TY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ,-;) 4J,'., /~, "' " ;', ,"" Signature of Chai~~ ,~ .~ "' Date Date A TIEST: Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney ~ Exhibit A: Fax dated January 3,200 ¡ to Dan McIntyre, County Attorney, from Carole Watkins, McCrca.ry Corporation, 2 December ì 9, 2000 """ AGENDA REQUEST IT~NO. 08 DATE: February 6, 2001 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: , SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 01-54 - Supporting Increased State Funding for Regional Planning Councils BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 0¡-54 as drafted. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [ ] DENIED [ ] OTHER: 4-0 ~~ Douglas Anderson County Administrator County Attorney: ~ Review and Approvals Management & Budget Purchasing: Originating Dept. public Works Dir: County Eng. : Finance: (Check for Copy only, if applicable) .ff. 5/96 ~ - ~ ~ ...... ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUN1Y, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-133 DATE: January 23, 2001 SUBJECT: Resolution No. 01-54 - Supporting Increased State Funding for Regional Planning Councils ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached is a copy of a memorandum dated January 19, 2001 from Treasure Coast Regional Planning Council staff requesting support from the Treasure Coast's 53 local governments of the Florida Regional Councils Association legislative budget request. Resolution No. 01-54, copy attached, has been drafted to show St. Lucie County's support of the legislative budget request. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 01-54 as drafted. Respectfully submitted, ¡l Daniel S. McInty County Attorne DSM/caf Attachments "" """" RESOLUTION NO. 01-54 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY SUPPORTING INCREASED STATE fUNDING FOR REGIONAL PLANNING COUNCILS WHEREAS, the Board of County Commissioners, St. Lucie County, strongly supports adequate funding of regional planning counci Is in the State of Florida: and, ¥ WHEREAS, the Board of County Commissioners, St. Lucie County, recognizes that regional planning councils are required to perform numerous state-mandated economic development, growth management, emergency management, technical assistance, interlocal dispute resolution functions, and other important statutory duties directed by the Legislature; and, WHEREAS, the Board of County Commissioners, St. Lucie County, recognizes that regional planning counci Is also provide a wide range of services and assistance in support of local government initiatives and programs; and, WHEREAS, the Board of County Commissioners, St. Lucie County, believes the State is disproportionately relying on local dues and revenue from local government to support regional planning councils which has resulted in the reduction of many regional and local programs and initiatives; and, WHEREAS, the Board of County Commissioners, St. Lucie County, believes the State's responsibility for supporting regional planning councils should be increased and shared more equally between the State and its local governments. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, St. Lucie County, florida, that: Section 1. The Board of County Commissioners, St. Lucie County, hereby requests the Legislature support the Florida Regional Councils Association budget request for recurring funding for regional planning councils as a $3 million line item in the Department of Community Affairs base budget. Section 2. The County Administrator is directed to distribute copies of this resolution to the Honorable Governor Jeb Bush; the St. Lucie County Legislative Delegation; Department of Community Affair's Secretary Steve Seibert; and the Executive Director of the Florida Regional Councils Association. ""'" -...I Section 3. This Resolution shall take effect immediately upon adoption. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A. Lewis xx XX XX XX XX PASSED AND DULY ADOPTED this 6th day of February, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY \ \ ,... , X', . .)., .r·"r,...> ''i' ',,\ ..1\ L/' ~- . -, \-. --"-'~:-'."J' f')\ ,-<:.::' .....i::."...~:., :""J 'c', ~ . i ,.. . 'eJ !¡;;,~~. \;~,. \. <.{ '" U'..,._.: ~':' ~~~ ";'~'~r~ ~¡ í ~ - ,,¡,._._~.t..._¡., {~~~I~ ~ ;~ ~jrr:l( ~. -" .&JUt l[)' ~. ,_.~.,~ -,- .~. ',;- . ~.~o u;;N G I L ~ ..... ..,::i;- '_,"":::jJ' -'~T ,~L,IJ C I E ~_~;~ :,..,:- '~~ r<)~;. 11-.,,':"".: c ~ ik~ I ()- I. .( Pí;\ \ i')~ {I, ~., Ò v\Tð [1\.l! / .' . { l L (I. \ \ \Ç . '. / ~\'\ MEMORANDUM To: Council Members, Alternates, and Treasure Coast Region Local Governments From: Michael 1. Busha, Executive Director ~11tl Date: January 22, 2001 Subject: Resolution in Support of Funding for Regional Planning Councils At its January 19,2001 meeting, Council passed Resolution 01-01 in support of the state providing a more proportionate share of funding for regional planning councils (see attached). Council is requesting that its local governments adopt a similar resolution (sample attached) and forward a copy to: The Honorable Jeb Bush, Governor The Executive Office of the Governor The Capitol Tallahassee, FL 32399-0001 Michael J. Busha, Executive Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, Florida 34994 \Õ)J© Œ U W Œl® IUù JII.N 2 9 2001 I.J Sheri Coven Florida Regional Councils Association 314 East Central Avenue, Room 119 BIountstown, Florida 32424 CG ADMIN OFFICE If you need additional information or assistance please feel free to contact me. Thank you. Attachment ~'Brjnging Comnlunities Together" . Est. 1976 301 Easl Ocenn Boulevard ~ Suite JOO - Stuart, I: orida 34994 Phone (561) 221·4060 - SC 269-4060 . Fax (561) 221-4067 _ E-mail _ admin(ji)lcrpc or17 '-" ...., .... RESOLUTION 01-01 RESOLUTION OF THE TREASURE COAST REGIONAL PLANNING COUNCIL SUPPORTING INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS WHEREAS, the Treasure Coast Regional Planning Council strongly supports adequate funding of regional planning councils in the State of Florida; and WHEREAS, the Treasure Coast Regional Planning Council recognizes that regional planning councils are required to perform numerous state-mandated economic development, growth management, emergency management, technical assistance, interIocaI dispute resolution functions, and other important statutory duties directed by the Legislature; and WHEREAS, the Treasure Coast Regional Planning Council recognizes that regional planning councils also provide a wide range of services and assistance in support of local government initiatives and programs; and WHEREAS, the Treasure Coast Regional Planning Council believes the State is disproportionately reiying on local dues and revenue from local government to support regional planning councils which has resulted in the reduction of many regional and local programs and initiatives; and WHEREAS, the Treasure Coast Regional PIa.'1llÌng Council believes the State's responsibility for supporting regional planning councils should be increased and shared more equally between the State and its local governments. NOW, THEREFORE BElT RESOL VED13Y THE TREASURE COAST REGIONAL PLANNING COUNCL CONTAINING THE COUNTIES OF PALM BEACH, MARTIN, ST. LUCIE AND INDIAN RIVER, THAT: '- ....., ".,... Section I: The Treasure Coast Regional Planning Council hereby requests the Legislature support the Florida Regional Councils Association budget request for recurring funding for regional planning councils as a $3.0 million line item in the Department of Community Affairs base budget. Section 2: The Treasure Coast Regional Planning Council is directed to distribute copies of this resolution to the Honorable Governor Jeb Bush; the Martin, Palm Beach, St. Lucie, and Indian River County Legislative Delegations; Department of Community Affair's Secretary Steve Seibert, and the Executive Director of the Florida Regional Councils Association. Section 3: This Resolution shall take effect immediately upon adoption by the Treasure Coast Regional Planning Council. ADOPTED THIS 19TH DAY OF JANUARY, 2001. t¿", /' '- ' U~ Chairman Dennis Armstrong (}f " t-¡ ATTEST: (/ '-" SAMPLE RESOLUTION .."" " A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COUNTY, FLORIDA, SUPPORTING INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS County, Florida strongly supports adequate funding ofregional planning councils in WHEREAS, the Board of County Commissioners of the State of Florida; and County, Florida recognizes that regional planning councils are required to perform WHEREAS, the Board of County Commissioners of numerous state-mandated economic development, growth management, emergency management, technical assistance, interlocal dispute resolution functions, and other important statutory duties directed by the Legislature; and WHEREAS, the Board of County Commissioners of County, Florida recognizes that regional planning councils also provide a wide range of services and assistance in support of local government initiatives and programs; and WHEREAS, the Board of County Commissioners of County, Florida believes the State is disproportionately relying on local dues and revenue from local government to support regional planning councils which has resulted in the reduction of many regional and local programs and initiatives; and WHEREAS, the Board of County Commissioners of County, Florida believes the State's responsibility for supporting regional planning councils should be increased and shared more equally between the State and its local governments. · "'" NOW, THEREFORE BE IT RESOLVED 'wi BY THE BOARD OF - COUNTY COMMISSIONERS OF Section 1: The Board of County Commissioners of COUNTY, FLORIDA: --. County, Florida hereby requests the Legislature support the Florida Regional Councils Association budget request for recurring funding for regional planning councils as a $3.0 million line item in the Department of Community Affairs base resolution to the Honorable Governor Jeb Bush, The Executive Office of the Section 2: The is directed to distribute copies of this budget. Governor, The Capitol, Tallahassee, Florida 32399-0001; the Treasure Coast Regional Planning Council, 301 East Ocean Boulevard, Suite 300, Stuart, Florida 34994; and the Florida Regional Councils Association, 314 East Central Avenue, Room 119, Blountstown, Florida 32424 Section 3: This Resolution shall take effect immediately upon adoption by the Board of County Commissioners of County, Florida. The foregoing resolution was offered by who moved its adoption. The motion was seconded by The Chair thereupon declared the resolution duly passed and adopted this _ day of ,2001. COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: ATTEST: L ....... AGENDA REQUEST ~TEM NO. ~ DATE: Februarv 6, 2001 REGULAR IXX] REVISED PUBLIC HEARING [ ] CONSENT I ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Countv Attornev Donald G. Cole Property Acquisition Manager SUBJECT: Paleo Hammock / FCT Project 99-020-P9A Browning Property Offer 1 I 4 BACKGROUND: Please see attached background memorandum. FUNDS AVAILABLE: Matching funds will be made available from 382-3915-561000-300 (Project Reserves) December 21, 1999 - Received Board of County Commission Approval of the Conceptual Approval Agreement. PREVIOUS ACTION: May 4, 1999 - Received Board of County Commission authorization to submit GrantApplication to Florida Communities Trust (FCT) for the purchase of the Paleo Hammock Site. . RECOMMENDATION: Staff recommends denial of this counteroffer due to the fact that the counteroffer significantly exceeds the maximum approved value established by Florida Communities Trust. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED [~ OTHER: Pulled Re-agenda next with landowner. Last in at 5:00p.m. today. (1h, ~ week. Sti 11 negotia tÜQpugIas M. Anderson minute offer came County Administrator [X]County Attorney: [X]Originating Dept: --J~~ L~ Review and APprov~ [XI Management &, t, ~ [X Leisure Svs. : . ( Ohter: !f[ [x] Carom. Develop: [ ] Finance: (check for copy only, if applicable) Effective 5/96 '-' ...,; PROPERTY ACQUISITION DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: Board of County Commissioners Donald G. Cole, Property Acquisition Manager February 6, 2001 Paleo Hammock - FCT Project #99-020-P9A Browning Property Offer Letter BACKGROUND: On May 4, 1999, the Board of Coun!y Commissioners authorized staff to submit a Grant Application to Florida Communities Trust "FCr for the purchase of the Paleo Hammock Site. On December 21, 1999, the Board of County Commissioners approved the Conceptual Approval Agreement with FCT forthe Project. The total Project Costs had been estimated at $417,100.00. This project will receive 50% ($208,550) ofthe costs from FCT and 50% ($208,550) will be appropriated from the Environmentally Significant Land Fund. The property owner has been offered $380,000.00, which is slightly below the maximum approved value as determined by the FCT review appraiser. The property owner rejected this offer and submitted a counteroffer of $600,000.00, presented In letter form by his attorney (see attached). Florida Communities Trust will only participate up to $208,550.00 of the costs to acquire. Should the County decide to accept the property owner's offer, the County would pay the $208,550.00 along with the additional $200,000.00. The total cost ofthis pro¡Jerty to the County, based upon the $7,500.00 per acre, would be approximately $408,550.00. This property has significant historical and archaeological value according to the Bureau of Archaeological Research of the Division of Historical Resources in Tallahassee (see attached report). Attached is a memo from Steve Fousek, Environmental Lands Specialist, indicating the species that inhabit this 80 acre ¡Jarcel. Included with his memo are copies of letters of SUfmort from the Director and the Historical Preservation Planner forthe Florida Department of State's Division of Historical Resources and from Bobby Billie, Spiritual Leader of the Independent Seminole Tribe. '-' '-' Page Two Fel5ruary 6, 2001 RECOMMENDATION I CONCLUSION: Staff recommends denial of this counteroffer due to the fact that the counteroffer significantly exceeds the maximum approved value established by Florida Communities Trust. Respectfully submitted: ~_q.e.4't$ Uonald G. Cole Property Acquisition Manager CC: County Administrator County Attorney Community Development Director Leisure Services Director Management & Budget Director G:\ACQ\WP\YVONNE\ENVLANDS\Paleo Hammock\offer board memo.wpd " --~--- m~ Ii )!.,..------,j r--- -...J ,- \\ :7"; i'F'~ ' let Neighborhood Map i: I ,) \\ j ~ 1 \ " ':~~: L I, r, I' I ~~~'=-j j'1 Ii~1 )'_ .JLdL'>.L ~ l I, I .. ~ ~~;." " II~"J., '. i 't" /, ',' '"" :""':""_ " p- I : I) II- I ~\ ~i ~~ ~,,L '~- , , L I ' ; ~'~'f--r~; .__ lì\ ',bq, .,~~\ 'J Iii I _ _ =~~~~;~ ~' ~~R ~ 7" I j I -':'1 . ¡ ,.,:L"",!-'J70 í ~<~ \/~Çiìì,,,')i(j .. 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I OSTEEN APPRAISAL SERVICES INC. 24 "'" "" Edward W. Becht, P A. ATTORNEY AT LAW f' O. Box 2746 321 South Second Street Fort Pierce. Florida 34954-2746 JAN I 2 . ¡OJ Telephone: (S61) 465-5500 Fax: (561) 465-8909 January 9, 2001 Ms. Yvonne McCall Property Acquisition Agent 51. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Paleo Hammock - FCT Project #99-020-P9A Browning Parcel Tax 1.0. # 3232-111-0001-00010 and 3229-441-0001-000/4 Dear Ms. McCall: \ I have been trying to find a comparable piece of property for Dr. Browning to exchange for the property that the County wants to purchase. Unfortunately, the reason the County wants to buy the property is that it is unique. That results in a problem for Dr. Browning as we have not been able to find anything, and I mean anything, that begins to replace the property. Because of that, he is reluctant to sell it at any price. However, he has authorized me to extend an offer to the County to purchase the property for $7,500.00 per surveyed acre. Dr. Browning has shared with me that you advised him that the County would need to obtain an appraisal on the property. I am concerned about the appraisal process as I fear that the appraiser chosen may rely too much on either an income approach or a market approach for his analysis. The true analysis, in my opinion, should be based on replacement value. Both Dr. Browning and myself have attempted to find other parcels that are suitable replacement parcels, and we cannot find anything that begins to provide him with the wide variety of habitat that this parcel contains. I trust that you will share this information with the appropriate appraisers so that they will know to put the most credence in the replacement value analysis rather than the olner two.fhis offer shaH remain open for 3û days and uniess accepted within that time period will be withdrawn. ~ Very truIY'«.s,- ~~V' Edward W. Becht EWB/jef cc: Calvin L. Browning H:\CUENTS\BROW: J:NG\Coun:~\~kC3110'i 0901 ,....¡JU R~ l_( ¡r(\ ~ .J. '-'.. I->Kl.,.M<-ot...Ul....u.....,,'-"'"""'- ~'.J" ",," (.. <.U' '-' '-' REPORT ON ARCHAEOLOGICAL SITES AT CALVlJ'I BROWNING PROPERTY, ST. LUCIE COUNTY, FLORIDA Ryan J. Wbeder Bureau of Archa<:ologica] Re:search, Division ofIIistoncal Rt50Ur-CtS, TaJlahass('t' 9-]&-97 Introduction This report focuses on archaeological resources present on property owned by·Dr. Calvin Browning of Ft. Pierce. Bob Jernigan. real estate agent for Dr. Brownin&. indicated that the proper1y may be suitable for acqwsitìon through the Conservation and RC'C(rcation Lands (CA.RL) program, due to the environmental and historicaJ significance of the propcrty. Description of Property Dr. Brov.-mng's property consists of80 acres¡¡' Township 36S R1!nge 38E SlXtÎOns 29 and 32. Access is made from Carlton Road, south of State Rou1e 70. The proper1Y is .dominated by an unusual hardwood hammock that combines,vcgetation common to sub· tropic.al hammocks of southern Florida and mesic hammock vege1ation more typical of nOr1hern Florida. Plants noted include e!m, maple. pignut hickory, mockernut hickory, shagbark hickory(?), laurel oak, water oak, cabbage palm, sugarberry, mulberry, persirrunon, wild lime, strangler fig, papaya, wild roffee, sweet oranges, 35sor1ed epiphytic plants, including shoestring fern and numerous orc1úds. Underbrush has been cleared in the past, and a cleared road or trail runs through the property. Cap rock and limestone outcrop in some places. Shallow ponds and areas that were formerly marsh prior to dr'.inage also arc present. Drainage ditcnes occur along the margins of the property and one ditch runS diagonally through the solrthern part of the property-separating thc higher hammock land from the lower marsh area. Dr. Browning explained that he had purchased the property in the 1970s ITom thc estate of rancher Perry Carlton. Prior to Carlton's ownership, the land had been in possession of the Olmstead family. The Olmstead's had acquired the prope(1y ia the early part of this century from the IaternaI Improvement Board. The citrus tr=:s present on the propcrty apparently originated with the Olmsteads, though there is ao cvideace of early homestead activities on the property. Archaeological Sites Two archaeologicãl sites were observed on the property-neither had been recorded in the Florida Site File. Thesc new sites were rccorded as 8SLl139 and 8SLl ]40. The staff of the Florida Site file indicated that one site had been previously recorded on the property. The Germany Canal Mound (8SL70) was rerorded in 1985 in the general vicinity of the southern half of the property near the diagonal drainage ditch. The sit If ;orm indicates that a large amount of material w;u collected in tIú. area in 1980 when land \V,,-, eicared for citrus grove.. Mttterial repo(1ed includes 75 projectile points, sharks teeth, St. Johns Che<:k Stamped pottery and other types of aboriginal pottery, a shet! adze, .' '.' ..~./. -S> '00 .~. . ..... ."-', .. ... .-,. ~': ":\~('\~ . '.":;":" , ('""'/ ... ~ '/ ~ <'b , ,<' . . '.' .... -_..-.~ ~'-_. - · · t · · ~ · · · .. ;J , · · · II · · -. - _ . . w _ '-....I.,:IL tJJ ...... ...,; bone lools, animal bone, glass beads, and human bone. Since this property was ncvcr cleared for agrieulture it is unclear what or where 8SL 70 is. though the material fTUly have Come from the spoil banks of the drainage ditches in the area. It also is possible that this material came from the hammock where it crosses into ilie groves in Section 33. Dr. Browning and Bob Jernigan were unawarc of any previous collecting or site rc<:ordation on the property. Bob J crnigan and Dr. Browning indicated that a number af oilier archaeological sites. including middens and burial mounds occur on neighboring properties. These are unrecorded in the Florida Site File. ~ 8SLl139 '\ This site is an extremely large cresccnt-shaped midden prC3cnt on the western side of the main hammock on the property. The site is around 700 m long and about 100 m wide. Deposits are probably 1 to 2 m deep. Hammock growth as described above dominates the site. Dr. Browning and Bob Jernigan reported that projectile points and pO!1ery sherds had been found on thc sitc. No evidence oflooting was notcd. A smail portion of the site, at its southern extremity, extends into Section 33-as noted above, it is possible that this is the area recorded as 8SL 70; this area has been cleared for groves and apparently produced a number of artifacts. No artifacts were observed on the surface during my visit. U.S.G.S. topographic map Ok=hobee I SE (1953) was used as a reference map. Note that this map is now callcd North ofBluefidds (pr 1970). U1M coordinates for 8SLl139 were ealcu]ated as Easting 544640 and Northing 3020720. , 8SLl140 This site is in the northwestern comer of the Browning property. It is apprOJcimately 100 m by 50 m. Deposits arc probably I m (Jf more. Several shallow ponds occur on the margins ofllus site, and may have been borrow pits dug to create the original platform base of the mound. Despite its moderately large size, the shape and elevation suggest ,some plarming in the original construction of the site. The base of the site may be comprised of a sand platform construeted with fill dirt tram the surrounding borrow ponds, with subsequent habitation and midden deposition on the mound. Bob Jernigan excavated a 10" by 1 0" by 1 0" test in thc site. This test produced material typical of the middens in the area. including animal bone, freshwater sheil. sand tempered pO!1ery, S1. Johns Plain pottery, and limestone. U 5.G S. topographic map Okeechobee I SE (1953) was used as a reference map. Note that this map is now called North of Blue fields (pr 1970). U1M coordinates for 85Ll140 were calculated as Easling 544540 and Northing 3020930. '- .' Significance of tbe Sites y 8Sl.11]9 õnd 8SLJ 140, along with other middens and mounds in the area. are important in understanding the archaeology of western 51. Lucie County. The large siJOt of8SLI139 and the diversity and amount of material reported from the site makes this an especially 2 r· ~ I '-" ...., imporTant site that could potentiaUy provide a great new ofiIÛonnation on the archaeology of the area. 8SLI ]40 i, unsual in it, configuration, and may bc constructed on an a,-¡jfjcaJ platform of sand dug ¡¡-om the nearby borrow pit.. Little 1., known about the archarology of this interior Lndian RiverlLake Okeechobee area. Proximity to the AlJapattah Flats to the south, S1. Johns Marsh to the north, Cypress Creek and Lake Oke<:chob;,e to l.he west, and the Atlantic Coast to the east would have made this area a major cross-roads. Beamse of this unique position, this region may exhibit an unusual blend of site types and materiaJ culture. The number of large sites in the area (approximately ]5 miles square) indicates an intensive occupation. Despite the size and nuber of sites in the area., most are W1recorded. The condition and size of8SLI139 and 8SLi 140 make a particularly good example of the kind of site complex present in this area :. l ~ , it J --"... nl' v + CJ ~.I; /.'). ..' I.' ...,,"...... ! ~~ -> -' OKEECHOBEE 1 SE N2715-WS030/7.5 . 1953 ..,. ... [-n- . .... ",W.'. · -", ::; .,~, · .. ".. n -":: .~ ~ .. '-~'~--'--'--_._- · .--- ëJ :'(3: --.--.-- - *" .-'- · o "'_........ ...,'" ~... --V' · .-'-- .:.: -'- ......... '- · - ~ ~ -~ .... ..".. -:-'.. I ....1'...-:- .~ ....-...:.. :.- :G-:, -, .. -~.::" f- ~ ~-o_;. ~~~: ~.- .~- ~ . -.- . ~ -. . ~ - .> ..:::! ~ :--~-:: ~.",,:.""::-:-._:- - .,. - -.- .... - - - .- . ". _- ._-. .-.1 .- . ~ - ... ....... ~w' .." .~'. ~ :~ - ........ - . ": ...:. '"C'" -.. to ~ :s to § ~ ~ ::¡,; ~ , t;; I: ~ WJ § ...~ ~C:; ~ ~ ;;I;:; N ~ >~ ~ g a: w" w ~;::¡ -' 30" -< u a:~ '" ~ ~ :0", 0:0 >-~ -0< ÕO U ~ " ... 0 FLA ~~, -:....L/_~ - ...--- ¡ 1 , ,...-..... 8 I . J '. " ~(C - ~~ -. -.' - ..-c- -'- ·'0 ... . .... - .~ ~.~ -" - ~ . ~----_.... . - --=-- . --- c ~ - ^ ^- .,....~ ~ .^ - ...... 4--- 7"-... -... ..... - - ~ - .'"1 -, ~ - - ~ - " ,~ - ~ . ... _. -,"&;" ~.:1 . _.or; .,.J --' . '-"'VL u~ 22 ! . . ,1"__:__ _-._ ~ .I"'. r--- .. -- ~ 1 /' I ~;O--~"~..' ~~:-: - ,- ;-'- ~. ~ ~ · ......:-. .,. 5~~~-:'_'--: -:'...- f1.cxct·nvWJI _.:...:"'- - ... -- -".- .-=-.-.-......~'...-+- -..:~. f.·.~;~~L--~ .-oc.__.-_:.~.-,.- .~ -~.:~- . tL~Sc~';~~::ifË:~~~:f; :~ - -- I . - ~._. -. -¡¡;: :~----T;-"-=:-~-- ~ '.. _.. -;:.. -- . - "'- ....,;. : '. ~- --::._~='l:--:~~··:i':-:::---· ~q~~---""'~.-':- -- . .- I ~ ^ ~ , ^' . ¿;;':1-.::"_::'~~_ ':'" - ~ . ~ ._....;~.;.;; ... -< ~ .. .... ... -.~ c<- ! --..:"'"'""--_..::::...._-- -. ... - . - " - '-' . /" Calvin Browning property. _/ (80 acres) ~ . , , , ./ ,'" , , · · r"" r ") I \, · · Hammock j. · · · · · · / , .' ~ r- t 8SLl140 , , , . , -. ..._~-""...............-..... ,'............, 'WI § 6 <: , , I I I I ( I ~ ( a I G I ( ( 1 ( 1 I 1 "\,. I I --__I .__ j - - 1 I --- --- I ( I I I I I I I Hammock 8SLl139 1_· -- - , , ' I , Groves " , , , , , '. , , '- Hammock , ------------....---- o - -, , , , , , , , , , , , J ) , , ¿ , " , .; I 600 1000 ft. , ladic.n.tes archacolotlca.l trite '.. - ... ........'J::.. do -.-:. ----.-.... " - - - - """ ...., DEPARTMENT OF LEISURE SERVICES MEMORANDUM TO: Dan McIntyre, County Attorney FROM: Steve Fousek, Environmental Lands Specialist ~ DATE: January 29, 2001 SUBJECT: ******************************************************************* Paleo Hammock Acquisition Within the 80 acre site contains two (2) archaeological sites (8SLl139 and 8SLl140). The Florida Department of State, Division of Historical Resources describes these sites as being of statewide archaeological significance. (Refer to attached memorandum from George Percy, Director of the Division of Historical Resources and Michael Wisenbaker, Historic Preservation Planner) In addition, the Independent Traditional Seminole Nation of Florida endorses the acquisition of the project. (please find enclosed a letter from Bobby C. Billie, Spiritual Leader of the organization) Vegetatively, the site contains a combination of upland and wetland plant communities. (See attached description of biological communities) In summary, the 38 acre hydric hammock community contains a unique mix of hardwood trees that are not common in St. Lucie County. An elevated ridge containing these species occur elsewhere along Carlton and Germany Canal Road, but are more commonly located along the historic shoreline of Lake Okeechobee. Proposed recreational uses of the property include a minimal trail system to identify the cultural importance of the site. Infrastructure includes an electric utility pole and meter that serviced a recreational vehicle. In summary the archaeological resources ofthe site in all probability, is of statewide significance. Though the Bond (Resolution No. 94-070) did not select archaeological/cultural resources as a criteria for acquisition, it may be an important component. (Spruce Bluffwas primarily acquired due to the presence of archaeological/cultural resources, i.e.; 8SL 1 0 and the 1860's cemetery) The tree species found on the property are uncommon to the county, but are located in greater numbers along Lake Okeechobee. Due to the presence of power to the site, a "Volunteer in the Preserve" ("VIP") program may be initiated on the site. The volunteer would be assigned maintenance responsibilities, such as opening and closing the site as well as patrol the area on a daily basis to reduce the possibility of unauthorized digging. The volunteer would also be able to open and close the Pinelands daily, which would reduce county expenses for a gatekeeper. "'" ...., Description of Biological Communities Hvdric Hammock (38 acres) occupies 47% of the site. Cabbage Palm Sabal palmetto, Swamp Hickory Carya aquatica, and Live Oak Quercus virginiana are the prevailing overstory species found in the Hydric Hammock. Occasionally Sugarberry Celtis laevigata and Florida Elm Ulmus jloridana are found. The understory has been grazed, reducing species diversity to mainly Gulf gray- twig Itea virginica. Hand Fern Ophioglossum palmatum, an endangered species, was identified in the community. Wet Prairie (37 acres) occupies 46% of the site. Nutsedge Carex albolutescens, Centella Centella asiatica, Frog-fruitLippia nodiflora. Dog fennel Eupatorium capillifolium and Common carpetgrass , Axonopus affinis are the dominant species of the Wet Prairie. Grazing and mowing have impacted species diversity and density. The majority of Wet Prairie occurs in the southern portion of the site. It appears that this area was once a strand swamp containing primarily Red Maple. An extensive fire burned the accumulated peat, converting the community into Wet Prairie. Slough (4.5 acres) occupies 5% of the site. Alligator flag Thalia geniculata, Centella Centella asiatica, and Dayflower Commelina spp. are the dominant species of the Slough. Red Maple Acer rubrum and Pop ash Fraxinus caroliniana are found scattered in the community. The historic qualities of the slough has been slightly impacted by the construction of ditches around the perimeter of the site and a roadway to the east. DeuressionaI Marsh (0.5 acres) occupies less than 1% ofthe site. Alligator flag Thalia geniculata, Slender spike rush Eleocharis baldwinii, and Duckweed Lemna minor are the dominant species of the Depressional marsh. It appears that the marsh has been impacted by excavation, probably due to the creation of the nearby mounds. Ma~ 26 99 07:4la St~Lucie Count~ Florida 4!JwA58 1 pol SENr BY:H1STOR1CAL RtSOURCES.5:2.5-99 ; 14:43 ; TALLAHASSEE~ 4621581;# 2 DIVISION! 0' .WaIDA DEPARTMENT OI!TATI 0 6:0 olIN &cmozy 0Øict cllI\Itfn,1ional RaI,dON DIv\IIb. of ÐodioM DI1UI",.f cOtf""'.... Di""-ian of C"ln~ J,M.U. 0MItcm øl H£a~ IteIo\tI'CU DtWWm of~ IIId I~II«\ Scrvku t)M.aiOt\.ol~'n6 Di.viAon ol...~dw s.Mcw J¡.~\~f i'l .;. ...... "....-,' \-'" '-'1, ~ '\';' Ir~\ ,. ";'1" "'I r:, ,'.·1 ", ",,' ~, '~ ~..,: ~ :-(':::.1:,,-"'(.) Mi.\lBiR 0' M MaIDA CABINET &!olo B<onI o/E41K11ion TM"" olIN Intamall"'l"""_TnIIti'llll4 A4INnJotra1!oll~ 1'10<1<1, IAAd and \,/,,,, M"'~tcry ConnIItIon .....- DMoIœ\".... ......... ~loI""'" o.p.rtmonlolt-_ ~t 01 Hit......., s-Mr .,4 M9_V~' ~loIVII'IIftN'AIhin FLORIDA DEPARTMENT OF STATE Katherine Harrll Scmlary of Stat. DIVISION OF HL<;TORICAl RESOURCI!S May 25. 1999 Steven M. Seibert, SccreLary Florida Department of Community Affairs 2SSS Shumard Oak Boulevard Tal1alw8ee, Florida 32399-2 tOO Dear Secretary Seibert: I am writing 10 express strong support for the high ranking and acquisition of the Florida Communities Trus1 (FCn Paleo Hommodc proposal (98-a73·P8A). The Paleo Hammock project is of statewide arcl1acologicalsi¡n1ficançc. Based on field visits by Divisiol\ofHistorical RetOIJlÇ01 ' staff and information from DHR's Florida Site File. we know of two imponanl archaeological.sites on Paloc Hammock, and poulbly a thitd. One of the sitcs is a large crescent-shaped midden 700 m~rs Ion¡ and 100 moten wide, with cultural deposit, from one 10 two mete" deep. Daring to the Malabar n and Archaic periods, this site may be eligible for listing in the NatioDal Register of HiSlOric Places. The aecond site also exhibiu interesting featureS, íneluding the possibility ·of an artificiallY<O!I5trUcted sand platform base. This site i. approximately 100 by so meters. Several shallow ponds oççut on the margins of the site and may have been dug to create the original p!a1fann bue of II mOW1d. Test pits in the site prodw;ed bone, fteshwater shell. and lime5tonl:, as well 1$ sand-tempered plain and 51. JoM. pottery. Both sites appear 10 be in very good condition. In terms of signiflcançc, little is known about the archaeology of the interior Indian RiverlLeke Okeechobee logion. Public accen and intcrpretllÛon at th* gites can help educate citizens and visitors in 51. Lucie County rt!garding the culture afpreh!storic >QOple who lived In the area thausands of years ago. ., ! 500 S. BronOllp Str..t . Tal'-baNte, JIL 31399.0250 . bill':/"",,,,.lIhorUag..com o I)Ircdot'. Ofa.. 0 AJ<ho_al.ll_h 0 HUlori.PruwYood.. Ol!ltl«lcol- (eo) 41101410' ",x: taa.J3S3 (850) "7-2299 . PAX: 414-= (5!0) 4ð7~ 'PAX: m~96 (650) _llU' PAA 921~ IJ !!lot.... F......I. 1'1<.....110.. Board IJ f.l.. S..,h Ilcp..w Offt.. 0 lit. ........... R,.t....' Offi.. 0 T....p" Ras\..w 0/11.. (150) S~s' PA:k S'7.h5M'1 (1561) :m.tCS' pA)(: 21'>-"" (904) AO.'-S0<5' P^", o:2UO-11 (013) 272-3.... PAX: 21>00%>40 Ma~ 26 99 07:41a ~ LucIe Count~ FlorIda ""'21581 p.2 SENT 6Y:H1STORICAL RESOURCES ; ~-25-99 ; 1~;~4 ; TALLAHASSEE-< ~621561 õI 3 Stçvcn M. Seibçrt, Sem1ary May 25, 1999 Page Two I urge you to give tJú$ important projeçt full coruideration for protection through ~ FCT, and would appreçiate your providlJig çopie¡ of this letter to other FCr Bow member3. If this site ¡I acquired. Ú\C DHR would be happy to assist St Lucie County in designing a public aœess and archaeological interpretation program fOl" the am. If you or yo1JT staff have ques!iO;¡!1S, pleasecontsct Jim Miller, Chief ofthc B\Ite&U of Archaeolo¡ical Resources, in our offi~ at 8S0-487·2299. Sincerely, ~. George W. Percy Director GWPlemm cc: Anne /'My, Executive Director, Florida Communities Trogt t 500 S. BroM..b Str..1 . Tallabu_.llL J139~O . Iottp:J"""'JIbuItat.....m a 1>Ilo<toI'. 0!ßtt [J Az<hu.I"IIuI a......" [) w.IotIc Pre.......... 0 mMo<l..l M__ (WJ) _1480' P!>:k ~ (WJ) 457.2299' FAX, U'-:rw7 (!ðO) ~7-~' P!>:k 92U<96 (WJ) ""1<84' FAX, 971-lSO) o HJrlmit Ptn....cð1i """tlhttiGn 1IqlG"d ~ hhn B~t,,, R"';bru,1 om«· ~ £t. Au.pttU\. I..t.g1cM..l OH1r. CJ Tamp.lIte~ Otflu 1150\ ~f&.'I~. PAX.: :S9S-5Q!9 ~1) 27'1}..1.{75· I'A."..;.: ::!19-.U16 (~').¡) ! ,u..}ð{~. PAx..: U'i.Q'I.W {!l)} 272··3.&-43' '!7AX: zn..2J{1) j--25'-19~ 8 '21: 55At· IOf;:Üi·1 - . ". fLO~".lOA OErARTMfiNT OF $TATE Off¡«' oi' Ihti'$?Crr.tiHY Oftic.¿' Qr In!l'I"t\:ltíl\I':l1 ad.,!i<. n~ Di¥isillll \) ,.2¡ryministl<lLL\oo,? S<'iVi\;~':¡ ùívisitJn (iÎ (\lrp<;'r.,!i(ln~ Div;~im' ¡lfO.:ItWl"ül A.lfÚl'~ ...... ...., - Ms. Diana Waite . St. Lucie County 2300 Virginia Ave. Fort Pierce, Florida 34982 Dear Ms Waite F' ~) . ~ Mr:.MßER Of'rhL:': H.O«'Hh\ CABINET Oil'lsi¡)1I \,t I..ior~ry ~ fnf()(lIlatinn St'rvjÇ'\'~ D;vI·_;Í</I. ,If tii1o.J'(.lfk,,¡ I~~."QIIt..:t$ UUIg!("¡:; "h :b(oum (,f '\It üjv¡,~jvr\ \)i L '~fI~int~ Oi"ì:;i,,·(,of Ek<:(Ì¡)I'\;j : Ii;) ,.[::.-':::'._--- ~_::. Y.., ;',":. ¡i,"'¡,: ;';¡: 11 Ii I; MÞ¡<·- 4 IClQQ ,:¡ 1,;: !..;-¡..: i ' ." '-J.,',) ~¡_/ : , ì I L__...."._._. .........._, ¡ COI...~: .'1(; ··t· I',' 1"): " 'F' t ',J' .-' Õ"í I ~~j~i;.~_;I~~·i;:~ (:.(j:¿~~Y ¡;'Lc~~.. f ebruary 27, ] 998 I'm writing a letter of support tor the Paleo Hammock Islands project in St. Lucie County to be purchased through a Florida Communities Trust grant from the Department of Community Affairs. I became fanùüar with the Paleo Hammocks Island project while reviewing new applications for the 1998 CARL (Conservation and Recreational Lands Program) cycle. I am Mr George Percy's, Director of the Division of His to riel Resources, staff ¡¡alson for acquisitions tbat pass through the Land Acquisition and Management Advisory Council ,... 4 Although the LAMAC statffeel this is a worthy project. it is the gencral consensuS arI10l1g them, and that of my predecessor who spent lìve years in this job, that this project has a much better chance of funding through the Florida Communities Trust program than it would through the CARL program. As you may be aware, the P-2000 n.mds are winding: down, so it will be unlikely that more than a few ncw projects will make the tinal cut While full funding may be restored in the future, those decisions wi]] rest in the hands of the state the legislature On the other hand, we can say that the archaeological resources at Paleo Hammock Islands are sign'¡ticant both on a state and regional level. I c.ompiled the following short evaluation of the project, which may be of interest to you: Two arch.aeological sites-8SLt 139 and 8SLl140--were recQrded on this property by Ü.. Ryan Wheeler of the CARL Archaeological Survey. Additionally, the Germany CaMI - D!f\ ~CTOR'S OFFICE R.A. Gray Building . 500 South 'fIronough Street . ·rall,h."e~, "lunda .',239')·0250 . (8'iO) 4¡',S·\4,'~O FAX' (850) 48>1·3353· . WWW Addl'~'s htlp:llwww,dos. ,t"te"fl.u$ ...,......,...-,....... "...,-,,-..,,',., ..., ,,,,·....'.....".,'r· Mn,-,-r!)\' \ "T'!,"'""\I>..I " Lnc·', {'·,,~I·!i·' ^' '" ,<', 'I Ik '" 3-26-1 ~'98 ~" 56Atl ~O.1 ...., FJ .3 - Page Two Ms. Diana Waite February 27, 2998 Mound (8SL70) is recorde<i in tilC ,·,cinity of ¡he southwestern portion of the propl'rty. When this pwpcrty was cleare<i for citrus groves, 75 projectile points, sharks teeth, S1. JOJUlS and other types of aboriginal porte!)', a sbell adze, bone tools, animal and humM bone and gla.s~ beads were collected. However, the property owner, Dr. ·Browning, has no recollection of any artifacts being taken from his property. Whatever the case, 8SL 1139 consists of a large crescent-shaped midden (refuse pile) on tJ¡.~ western side of a large hammock. It is 700 m long and 100m wide, with culturaJ deposits from 1 '·0 2 meters deep. Most of the artifacts date to the Malabar n period, with soule implements dating to the Archaic period. This site would be potentially eligible for listing in till' Natiol\3! Register of Historic Places. 8SL 1140 sits in the northwest comer of this property ami is approximately 100 by 50 meters. SeNera! slwUow ponds occur on the margins of úle site and may have been dug to create the original platfom1 base of a mound. Mr. Jernigan dug a test pit in the site that produced bone, freshwater she!!, limestone, sand-tempered plain and St. Johns patte.!)'. In terms of significance, little is known about the archaeology of1hc interior Indian RivcrfLake Okeechobee region. Perhaps the 80 acre tract çouJd be usW t{) help educate the cim:ens and ~isitors to St. Lucie County regarding the culture of some prehistoric poop Ie who lived 111 the "rea thollsands of years ago. ",... In closing, we appreciate your interest in Florida's history. Should you have any questions about this letter or our support for this project, please feel free to contact us. Sincerely, . , I ^ 'JIŸb'L/tJ W~~Ix-fL.,-~ Michael Wisenbaker Historic Preservation Planner Florida Division of Historica! Resources .1"'"" '"" ...., INDEPENDENT TRADITIONAL SEMINOLE NATION OF FLORIDA July 2, 1999 TO WHOM IT MAY CONCERN: I am writing to express strong support for the acquisition of the Florida Communities Trust (FCT) Paleo Hammock proposal- St. Lucie County. Most Indigenous Sacred Sites, and village sites have been damaged or destroyed. When I walked some of this property and saw the large mound, I thought, I hope for once they can do the right thing for our Sacred Ground. It's not too disturbed. The non-Indian people are always making effort to save tbeir culture and history and spending millions of dollars to protect their history. We have tried from generation to generation to protect our sacred ground and vi11age sites, but no one has listen to us. These sites are important to us. They are the roots of our people and to disturb them affects the cycle of life. I'm told there's another site on this property where human remains where found, so I hope you will try and protect this property as you would one of your cemeteries. Not only the history of the Indigenous People that is important about Paleo Hammock in St. Lucie County. The history oftbe land is also important because we actually walk on the land and see some little plants, and the trees, and the biodiversity of trees. Some of those trees and plants have been disappearing because of lack of water, and because of development. We see some of these things has been disappearing, can still be found on this 80 acres of land. I think it is important to keep it the way it is. The natures are important to all of us. Without it we cannot survive. We don't have to destroy and exploit the nature, tbe original gift. Ifwe continue to destroy we all will be history. In order to survive, we have to leave things alone. So little left now, and I hope you will protect this area for the future yet to corne. That's how much it's important to us. )(3~.t8~ Bobby C. Bilhe, Spiritual Leader Independent Tl1Iditional Seminole Nation of Florida Mailing Address: 710 N. Oleander Avenue, Daytona Beach, FL 32118 Contact Telephone Number: 904-253-0298. ~ -..I ITEM NO. ; DATE: ~ h. 001 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN SUBJECT: Request for Board to consider clearing vegetation on county righ of-way behind homes on Columbrina Circle in the Savanna Club. BACKGROUND: The Savanna Club Property Owner's Association has requested that the county clear vegetation from the Lennard Road right-of-way. Staff has determined that the cost of clearing the vegetation is $8,480.00. FUNDS AVAILABLE: 101-411 0-534000-400-0ther Contractual Services. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board consider the request of the Savanna Club to clear Lennard Road right-of-way. COMMISSION ACTION: CONCURRENCE: 1 ~~ Douglas Anderson County Administrator o APPROVED ø DENIED o OTHER~'Let the record reflect that the Board is not inclined to honor the request of Savanna Club." Review and ADDrovals .. Management and BUdget:~ o Other: (Landfill) .. County Attorney: 9Y o Purchasing: .. Originating Dept: (Pub. Wks.J o other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. ...,t~·: """ ,. """" Savanné:âÝClub SAVANNA CLUB PROPERTY OWNERS' ASSOCIATION, INC. 3492 Crabapple Drive Port St. Lbcie. FL 34952 (561) 340-1889 ¡ Fax (561) 340-0522 January 12,2001 Mr. Ray Wazny SLC Public Works Director 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Wazny: With reference to your letter dated December 15, 2000, please be advised that the Board of Directors met January 11,2001 to discuss the matter of clearing the native vegetation in the Lennard Road right-of-way. After a lengthy discussion, the Board voted unanimously to support the residents request to clear the unwanted vegetation in the right-of-way. The Board and residents are aware that slash pines and oak trees will not be removed. The homeowners living in this area would appreciate your placing this item on the Board of Commissioners agenda at your earliest convenience. Should you have any further questions, please feel free to contact me. Yours truly, ~t:r~ Property Manager cc: R. Blatz/G. Emo/F. ErlandsonIR. Hillen/E. Murtha/J. Vazquez "'" ,...., -~,~~,~. '~ Savannä'YClub Cc"pCC 1)006 1'1 ~;:- SAVANNA CLUB PROPERTY OWNERS' ASSOCIATION, INC. 3492 Crabapple Drive Port St. Lucie. FL 34952 (561) 340-1889 . Fax (561) 340-0522 December 19, 2000 Mr. Raymond Wazny SLC Public Works Director 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Wazny: Thank you for your letter of December 15, 2000 regarding clearing of native vegetation in the Lennard Road right-of-way behind the homes on Columbrina Circle. I am distributing a copy of your letter to the Board of Director's and will have this item placed on their agenda for the January 11,2000 Board meeting. Once I have their decision, I will contact you immediately. With reference to the clearing behind the homes, I had mailed you a list of residents who were in favor of the clearing. I have since received notice rrom the resident living at 3257 Columbrina Circle that wishes the vegetation to remain. He is the only resident who has made this request. Should you have any further questions, please feel rree to contact me. Yours truly, rtVW r¡¡~ Carol Heintz Manager cc: R. Blatz/G. Emo/F. Erlandson/R. HillenlE. Murtha/J. Vasquez '-' -' BOARD OF COUNTY COMMISSIONERS December 15,2000 PUBLIC WORKS DIRECTOR Roy Wozny, P.E. Ms. Carol Heintz Savanna Club POA 3492 Crabapple Dr Port St. Lucie, FL. 34952 Dear Ms. Heinz: Prior to requesting that the St. Lucie Board of County Commissioners consider clearing native vegetation in the Lennard Road right-of-way behind the homes on Columbrina Circle, I wish to obtain additional input from the Board of Directors of the Savanna Club Property Owners' Association. Based on past discussions with Commissioner Doug Coward, I am aware that he has been in contact with your organization regarding Lennard Road and your desire to provide landscape enhancements and additional buffering along this corridor. Because ofthe apparent contradiction in goals between removal of native vegetation in the public right of way no\\.} and requests for new landscape enhancements in the future, I wish for your organization to further discuss this matter. Please note that the developer of Savanna Club will be required as a part of previous development order approvals to build this particular portion of Lennard Road once your total number of dwelling units reaches 1,500. There are approximately 1,100 units completed and the developer has indicated that he may begin construction of Lennard Road in 18 months based upon current sales levels. Therefore, it is incumbent upon us to consider both short and long term needs to provide reasonable fire protection measures and adequate buffering along this roadway. We appreciate your help with this matter and look forward to your input. Please call me at (561) 462- 1485 if you have any questions. Sincerely, ~ . 7 W 2:ír ond W 1- ~ Ism cc: BOCC Douglas Anderson, County Administrator John Vasauez JOHN D. ßRUHN DisrricT NO.1· DOut CQWAP.O, DisrricT No.2· PAULA A. LEWIS, DiSTrict No. ,J . FRANNIE HUTCHINSON. Disrrier NO.4. CLIFF ßARNES. District NO.5 County Administroror - Douglas M. Anderson 2JOO Virginia Avenue . Fr. Pierce. FL J4982 Public Worl,,: (561) 462-1485 . FAX (561) 462-2J62 DivISion of Engineering: (561) 462-1707 Fox 462-2J62 . Division of Rood [, ßridge: (561) 462-2511 FAX 462-2363 Division of Solid Waste: (561) 462-1768 FAX 462-6987 Division of ßuilding [, Inspections: (561) 462-1553 Fox 462-1735 . TDD (561) 462-1428 '-' --;~"- """" 'ì Savann;åYClub SAVANNA CLUB PROPERTY OWNERS' ASSOCIATION, INC. 3492 Crabapple Drive Port St Lucie. FL 34952 (561) 340-1889 . Fax (561) 340-0522 November 14,2000 Mr. Raymond L. Wazny Public Works Director 2300 Virginia Avenue Ft. Pierce, FL 34952 Dear Mr. Wazny: This letter will serve as a follow-up to your letter of October 19,2000. Enclosed is a map locating the lots where residents have give their written authorization to the county to clear space between their home and the county owned right of way. I am still awaiting a response trom 3257 and 3295 Columbrina Circle. Should I receive a response trom these two residents, I will forward a confirmation letter to you. I am retaining the written authorizations on file in the Association office should you need a copy. 4 ~ If you need any further assistance or have any questions regarding this matter, please feel tree to contact me. Yours truly, ~~ Carol Heintz Manager ~Jr:1! 6 cc: R. Blatz/G. EmolF. Erlandson/R. Hillen/E. Murtha/J. Vazquez .....----.....-..... - _............,..-""'"..~':~-' ""',....~~."...,.. .;""""'"'~-""'".~' ci . o . ~ - , I ~ ...., z~~ ~ , , -----.----- é' ':>4 Uo- n Iî CG f), f,. $r:. <; c/kb 1- 3 \ - - - - '-' ~ AGENDA REQUEST ITEM NO. AR-I DATE: February 6, 2001 CONSENT [ 1 [ X 1 REGULAR PUBLIC HEARING [ 1 Leg. [ Quasi-JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS. SUBMITTED BY (DEPT): Administration PRESENTED BY: Douglas M. Anderson County Administrator SUBJECT: Legislative Funding! Community Budget Request (CBIR) BACKGROUND: A memo received from our lobbyist, Ron Book, P.A., states that any request submitted to the state for consideration requires a "hearing before a body of duly elected public officials occurs before requests can be submitted for consideration" S.216.052(3». The request for funding must be heard at a local meeting, where public input is permitted. At the January 16, 2001 BOCC meeting, the public had the opportunity to comment on several CBIR Items. I ~ This particular Community Budget request would provide the financial resources necessary to insure that local wetland impacts associated with the widening of SR 70 are mitigated in the affected watershed without reducing limited state dollars earmarked for other transportation projects in St. Lucie County. Over the past several years, the Florida Department of Transportation (FDOT) has transferred out of the affected watersheds substantial wetland mitigation credits from state road projects throughout the Treasure Coast region to the Dupuis Preserve in Palm Beach County. In light of the existing water quality problems in local waterways, namely the St. Lucie Estuary, St. Lucie County has worked aggressively with the State and South Florida Water Management District to help rectify water quality problems. To this end, the State has provided funding for water quality improvement projects in the St. Lucie River basin, the Treasure Coast Regional Planning Council passed a Resolution supporting watershed-based mitigation programs, and the South Florida Water Management District has determined that mitigation should be applied in the affected watershed where possible. St. Lucie County has also worked cooperatively with a private entity to establish a wetland mitigation bank in this immediate vicinity. With a projected $700 million shortfall in transportation funding needed to implement the 2025 Long Range Transportation Plan, St. Lucie County needs state assistance to properly mitigate wetland impacts associated with state road projects without eliminating state funds necessary for other transportation projects in St. Lucie County. FUNDS AVAIL. : No match is proposed for this Community Budget Issue Request. PREVIOUS ACTION: On January 16, 2001 the board authorized submittal of thirteen CBIR. Staff recommends that the Board authorize staff to submit the CBIR. RECOMMENDATION: [ X] APPROVED [ ] OTHER: 4-0 DENIED CONCURRENCE: ~~ Douglas Anderson County Administrator Coordination/Signatures COMMISSION ACTION: County Attorney: Originating Dept: v Mgt , Budget: Public Works: Purchasing: Finance : Project Tracking #: '-' Community Budget Issue ReqIo""ool Requester: Douglas M. Anderson. Co. Administrator Organization of Requester: St. Lucie County Board of County Commissioners Project Title: St. Lucie County Wetland Mitigation for SR 70 Date: Februarv 6. 2001 Member District: 78. 80. 81 What statewide interest does this project address as it relates to Chapter 216.052(1)? State land acauisition. water auality and wetland restoration orograms will benefit bv mitigation ~fthe SR 70 Intrastate Highwav Widening Proiect in St. Lucie County's watershed. Recipient: Name: St.Lucie County Board of County Commissioners Street: 2300 Virginia Avenue City: Ft. Pierce Zip Code: 34982 Counties: St. Lucie Œenefits Martin & Okeechobee Counties) Gov't Entity œ(Private Organization (ProfitINot for Profit) D Contact: Name: Don West. County Engineer Phone # 56 I/462-1707 Project Description: (Include services to be provided) Provide funds to ensure that wetland imoacts associated with the SR 70 wideninI! Droiect are mitieated in the St. Lucie River watershed to enhance state and local efforts to imorove the river's water auatitv. Measurable Outcome Anticipated: Restoration of degraded wetland svstems in the same watershed as the SR 70 widening oroiect. I $7million I Amount you are requesting from the State for this project this year? Amount . . Total Cost of Project: I $7 million Is this request being made to fund (check all that apply): Operations D Construction ~ What type of match exists for this request? Local D What kind? Total Cash Amount I Private D Federal D I Total In Kind Amount None 0' I Was this project previously funded by the State? If yes, most recent Fiscal Year I I YesD No¡¡;}' UnknownD Amount I ~ Is future-year funding likely to be requested? Yes D No [W" Unknown D If yes, how much? Purpose for future year funding: Recurring Operations D Non-Recurring Construction D Other Will this bean annual request? YesD NoW UnknownD Was this project included in an Agency Budget Request? Yes D No D Unknown[B"' If yes, name the Agency: Was this project included in the Governor's Recommended Budget? Yes D No D Unknown Œ!' Is there documented need for this project? Yes [M" No D Unknown D If yes, what is the documentation? FDEP letter dated 6/12/98 identifies the benefits of mitigation in St. Lucie County. Was this project request heard before a publicly-noticed meeting ofa body of elected officials (municipal, county, or state)? YesQ{ NoD UnknownD ¡fyes, name the Body: St. Lucie County Board of County Commissioners Most recent meeting date: Februarv 6. 200 I . *** *** *** *** *** *** *** *** *** *** *** "'** *** *** *** *** *** "'** "'** *** :fI"'''' *** *** Due to the fiscal constraints caused by reduced revenues and unanticipated growth in the Medicaid program, Speaker Feeney and Chairman Lacasa recommend that you identify, in the current FY 2000-0 I budget, an amount which can be reduced which is equal to the amount of funding you are requesting for this project. This exercise will improve the prospects for your project substantially, and will serve as a clear indication of your commitment to responsible budgeting on behalf of the citizens of Florida. Please work with more senior members if you feel that you need help with this information. Identify item(s) in the FY 2000-0 I Appropriations Bill to be reduced: Specific Appropriation #: Specific Appropriation Title: Amount to be Reduced: I $ Fund Source: General Revenue D Trust Fund D Important: Attach appropriate supporting documentation. Version 27 12/01/00 ~J~partment of :: Environmental Protection -.(1.. (J" . \r \ Mujory Stoneroan Dougb.s Building 3900 commonwealch 6ou1e'/af'd Ta.111h;¡nee. Ronda 32399-3000 V¡r&inia ß. W cther~n Secretary JlIne 12, 1998 posl-1t" Fa¡<. Noto 7671 -_..- Mr. Rick Chesser, P.E. District secretaI)', Dist!ict Four f).orida Department of Transportation 3400 West Commercial BoulC'lard Fort Lauderdale, FL 33309-34~1 .~ T~ .none· f'" Dear Mr. chesser: J: have received. a copy of your letter dated APril 17, 1998, addressed to Mr. DelUÙS Murphy, St. Lucie County, regarding mitigation for SR 70. Enclosed with this letter are copies of resolutions from St. Lucie County and the Treasure Co¡1St Regional Planning Council opposing the wetland mitigation agreement (contract #C_7545)betWeen the "Florida ~epartment of Transportation (FPOT) and South Florida Water Management District (SFWMD). These resolutions oppose the contract for reasons similar to the Conflicts surrounding the SR 70 project. The Department has some questions regarding this letter and would also like to provide some clarification regarding the intent of section 373.4137, Florida Statutes, the FDOT regional mitigation planning process. Since the department is a partY to tlùs law and so that we may effectively participate, we ask that we be included in discussions and are copied with correspondence related to this issue or any other project when the issue relates to mitigation. . In paragraph one; the letter indicates that the cost to do mitigation pursuant to section 373.4137, F.S., would be S1.9 million ($75,000 x 25 acres) sho\1ld tIùs project be subject to tlùs law. The legislative recognized that mitigation for certain DOT projects may have been complete or in progress and it was not their intent to increase the costs to FDOT or negatively impact the funding for local transportation projects. Therefore, the law included exemptions for certain projectS. Some exemptions are automatic, others are subject to muwal agreement by FDOT, the appropriate water management district (WMD) and the department. rfSR 70 is exempt under either of these provisions, the discussion regarding the application ofthis law is moOt. One; of the goals of the law is the dC'lelopmentofcost-effective mitigation. Although the amount per impact acre which is "allocated" is S75,ooO, the law also provides a formula wlùch encou....ges cost savings. That is, should the actual cost be less than $75,000 per impact aCCe, the difference, i.e., cost savings, are "credited" against the S12 million advance payments that DOT provided in FY 1996-97 to the WMDs, through the depaÌtment, for aquatidexotic plant contrOl "ÞroCcc:t. Cqtl~~'-"': tJr1d ¡\o1QtJO¡C fl~,"'::O'~ Enlll,..",r,..··,1t and NÇlh,,'11 Rr.:¡ourcc'· . 'rÏt1(~ ( 'I rcqde4 poper. ,ìj .11f.· - ~..-..--~.._.~ . . w_- ~~ ,'$It:.M 1·,1.,)['11. ~., "- ,..,-- - - - . ;þ l ...., r-If. Rick Chesser June 12, 1998 page 2 and SWIM projects. For example. if a project irnpac,ts one acre, the law "allocates" $75,000 per acre. Ifthe ª-ctual cost is $22.000 per impact acre, then the difference (cost savings) becomes a "credit" against tlús advance payment. When the legislature armually appropriates funding for projects, it appropriates the actual cost, i.e., $22,000, I\ot $75,000. For this very reason, we have applauded sFWMD's efforts with regard to co~t-effective mitigation projects. To the extent that any funds appropriated pursuant to tlús law are spent on cost-effective mitigation projecU such as Dl1puis, the sFWMD' s efforts provide a significant opportunity to reduce the obligation for those advanCè funds. Further, once tht obligation for these advance funds is met, the law directs that any cost savings be utilized to fund aquatic/exotic plant control. Consequently, cost-effective mitigation projects such as Dupuis, not only provide significant opportunities to eliminate our obligation to FDOT, but in the long term, can benefit the SouthFloñda region because: funds are directed toward a critical need in tlús region. In conclusion, even if tlûs project was to be included in the regional mitigation planning process, DOT would not be required to provide new funds at S75,OOO per acre. Instead it would fund the project at its actual cost. In the case ofSR 70, the project would still only cost $543,400 with an added benefit of debt reduction of SI,356,600. . In paragraph two, the letter suggests that, should the project be included in this process, the cost would be debited against St. Lucie County's s.tate transportation funding. even if the mitigation project was not located in SI. Lucie County. The law direCts the WMDs, ~m consultation with the Department of Environmental p(otection, the U.S. Anny Corps of Engineers, and other appropriate federal, state and local governments" (core group) to develop a regional mitigation plan for DOT's projects. The intent oftlús language is to allow affected interests to participate in the development of regions! mitigation projectS witlún the context of existing law and rules regarding wetlands protection. These'laws and rules provide a. preference for on-site or ncaroy mitigation and also allow for offsite mitigaúolL The intent of this participttory process is a collSCßSU$ plan, i.e., _ . mitigation options which focus FDOT mitigatiol! needs towards implementation of regional .re~toratiol!- need:;. If a project is subject to this law, loçal governments are afforded an opportUnity to promote local projects and particip~~ in the development of this consensus plan. . The ideal outcome is a-consenSUS plan wlúch addresses multiple entities' needs with regard to restorution projects. _ The department docs not be1i~e that me intent of the law was to penalize a!)V particular city or county transportation projects. In fact, the goal of the law to provide regional mitigation planning would appear to be compromised should the individual city or county road projectS be penalized. If the combination oftlús law and the tranSportation funding formula does in fact have this result. we may wish to revisit that aspect of the law next session. A5 you are aware, the bill ·"1:1 I,' -,.o-=.:o-~~---_·__·~- , 1~It.rl I'IU' I" " '-' ~. 'wi O{ ";ck Chesser ¡.. r. '" Junc 12, 1998 PAge 3 wlúch proposed arncl\dmcnts to tlús IIIW (HB 4071fSB 986) was vetoed. Therefore, we will be ... . .. . proposing legtslation agam next scsston. Lastly, with regard to paragraph three, the department supports and encourage! initiatives wlúch focus on an ecosystem and we recognize that ecosystem needs ¡nay not always comport with politicø1 bOl¡ndades. At the same time; tliis approach is not intended to circumvent existing rules or laws. If the wetlands prot~On role! orlaws provide a preference 1'or mitigation. "011 or near" the impact site rather than off-site, those law8lrules would govern.. From both a 10cø1 and regional perspective, we also recognize the importancc of the Cypress Creek Slough acquisition project and the restoration needs that accompany tlüs acquisition: Ecosystem management is dependent upon a team approach to be successfuL We recognize tbat these are c:q1,18lly compelling and competing public priorities. To the extent that we. can assist with dialogue regarding SR 70, we offer our support. We hope that tlüs has provided some clarification and we ~ook fOlWard to your response. Thank you. Sincerely, ~~ ~ Deborah H. Pattish. Director Office of Intergovernmental Programs PHP/sf Enclosures cc: Mr. Dennis Murphy, St. Lucie County Ms. Diana Waite, St. Lucie County Mr. Chuck Allen, FDOT Mr. Rob RObbins, sFWMD Mr. ChuclcRinaldi. SFWl-ID Ms. Connie Bersok. PEP Ms. Pam McVety, DEP Mr. Ed Kuester, DEP ... ,. L .;1 ~.I I I, ----_.-- . --'-~'--'--' .' -,\(~ .. ,'Jtt:._. . "'" Memo Through: Date: Connie Bersok: FDEP. Chuck Allen: FOOT ¡ØftrSusan C. Elfers. Senior Environmental Analyst ~Ob"RObbins. Director, Natural Resource Management Division 08717/00 Accounting Reconciliation lor the DOT M~igation Funding To: From: Re: This memo is submitted to act as a reconciliation report lor the 2001 -2002 DOT Inventory submittals. The following items were listed on the inventories received this year and are proposed for delisting from the 58 1986 process: ~ ¡¡:ß Funding Project Name Location impact FLUCCS ... ~§ Date Acreage Õ z Glades County S24 ,.395 R33E 5R 78 N. of Dike Rd. 53,4,5,7,8.13,18, 1 1940081 7/00 100I<eech<JbeØ T39S R34E 1 640 County Une 524,25.34,35 T355, R34E Recommended for delisting since the application has alr€ady been submitted and approved for permitting and no impacts were involved. I -ß Funding Location Impact ~§ Date Project Name Acreage FLUCCS z 5R 615125lhStreet Ft Pierce, Sl LIXie .25 617 4 4074391 7103 trom MidWaY 10 CR Co. 528, 33 T35. .25 427 611 Add t.aI1es R40 .25 510 54. R40. T38 Recommended for delisting. The applicant may present this project again next year. \n the interim, several mitigation options in 51. Lucie County will have the opportunity to develop and be reviewed by the Core Group next year. . L . Page 1 i --_._~~,.---~;-,;,--~:-\ (;;'\ Œ (¡:' ¡, ".,,' '.' \ Ð), .....L..r. ". "\''-1 I¡ \;' \ ~t: I\UG?" 5 2000 >~; L' \ ' _-----------\ 1 ' CO\."'~":.':.T" u" ::\.,;':1 '-'iPj\!\EN~' 'i""U"" I - .-L..........' . ST. LLC,c c~j?·n\', fS 'wtI '-' ~ ~ District -I :::r CD ~ i ï1 ~ WPI Number iã Q.. ~ ~ 0 , :E ." ~. ~ OC ~ ø>à. -0 ¡; :r '" '" a CD õæ!l' en ~ ~en '" JI If) g'1I.;D - .... » ,.i.\ 02. ~i2! ~ .... ~ i ~ CD 5\ ~~. (f) "'i ~õ CD c: §CD cr ~ 3 ~ ~ U -I'" g ~zr-9 a. cnwcn m ~d\i ~ ~~~~~~ ï1 0 ~. .... j2t!~ ~~ ¡¡¡~~'''' 0 1'- " '" JT1. r- m '" j!! 1'-. -0 (¡3 () ~\~S~ ~\2 ~ p U· 0 ( It,o).þ.O) ::J C) ." @. 'SeJ!!! ~~~ E c: ~.... oO~ g p:I en (1) $~ 2. $ ¡: ¡: < [08 '" ~J; ~. ¡¡; """~ ~ s·f~. :E ~.2:~. -S· g¡: ~ ~I!i 81~ i ~ zO ° -{ :c 1j¡' ",ma~ ~õ '" š;0< c} dl~ ip~g ~o=>' ¡¡ ~~~~ ;¡; ~61~i ",oft~ ~~ ,~ -g. .g.!if ::!g i .~ Ii", ~ç ~ ¡Þ ;Og" S·-¡¡ ~1it ",:D à. ¡g~5\ - ~ ",5" .... 0> "~ :::! ..... Mitigation - ~ - -~ "¡¡; Cost "g¡ . SO :"' :::! ~ sa ~ - AJIOC.(@$79, - .~ '@ '" 7641ac) g¡ Cost 0 0 0 Savings "U::IJ 1'0>8 "'m '\5::; ~If)' ml'o> 00 o :Þ~ C-n "'0 Co \ß.-I <D- o :::> 10><6 5õ!:::> OÕ -< ::D ., c¡'j'. AJ.. - - .. 01126/01 '-sT. LUCIE COUNTY - BOARD ...., PAGE 1 FZABIIARR IIARRANT LIST #17- 20-JAN-2001 TO 26-JAN-2001 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 458,885.72 0.00 001001 Recreation Special Events 250.00 0.00 001124 FTA USC Section 5307 FY 99/00 33.28 0.00 001128 Section 112/MPO/FHWA/Planning FYOl 969.99 0,00 001130 TC Community Action Agency FYOO/Ol 7,429,98 0.00 001135 Blind Creek Park Dune Crossover 6,969,13 0.00 001252 Urban Mobile Irrigation Lab Grant 709.37 0,00 001807 Floridian Aquifer lIell Monitoring 218.98 0.00 101 Transportation Trust Fund 34,209.76 0,00 101002 Transportation Trust/80% Constitut 3,097.50 0.00 101003 Transportation Trust/Local Option 2,051.25 0,00 101006 Transportation Trust/Impact Fees 4,449.50 0.00 101210 New County Health Building 2,623.09 0.00 102 Unincorporated Services Fund 28,267.41 0.00 102001 Drainage Maintenance MSTU 3,470,87 0.00 105 Library Special Grants Fund 647.04 0.00 107 Fine & Forfeiture Fund 2,951,012.89 0.00 113 Harmony Heights 3 Fund 204.21 0.00 114 Harmony Heights 4 Fund 448.92 0.00 116 Sunland Gardens Fund 498.47 0.00 117 Sunrise Park Fund 124.38 0,00 119 Holiday Pines Fund 730.44 0.00 123 Queens Cove Lighting Dist#13 Fund 254.75 0.00 136 Monte Carlo Lighting MSTU#4 Fund 1,309.47 0.00 138 Palm Lake Gardens MSTU Fund 106.78 0.00 140 Port & Airport Fund 11,492.98 0.00 160 Plan Maintenance RAD Fund 2,000,13 0.00 183 Ct Administrator-19th Judicial Cir 1,482.85 0.00 183001 Ct Administrator-Arbitration/Mediat 338.66 0,00 183004 Ct Admin.- Teen Court 563.05 0.00 184203 Ft. Pierce Beach Restoration 27,232.14 0,00 185001 SHIP Housing Assistance FY 00/01 7,944.56 0,00 186 Recycling Operating Fund 334,55 0.00 186204 Recycling & Education Grant FYOO/Ol 109.12 0.00 304 Communication System Fund 180.34 0.00 305 Beach Acquisition Fund 752,00 0.00 316 County Capital 82,496.00 0.00 362 Sports Complex Improv Fund 27,600.00 0.00 382 .Environmental Land Capital Fund 1,570.00 0.00 401 Sanitary Landfill Fund 319,495,72 0.00 418 Golf Course Fund 36,367.15 0.00 421 H.E.II. Utilities Fund 35.09 0.00 441 North Hutchinson Island Utilities 18,710.73 0.00 451 S. Hutchinson Utilities Fund 18,746,67 0.00 461 Sports Complex Fund 8,441.16 0.00 471 Holiday Pines Utilities Fund 10,717,92 0.00 491 Building Code Fund 3,892.59 0.00 501 Information TechnoloiY Fund 37,741. 71 0.00 - ~- ... - FZABWARR ""'tr, LUCIE COUNTY - BOARD WARRANT LIST #17- 20-JAN-2001 TO 26-JAN-2001 FUND SUMMARY .., PAGE 2 01/26/01 FUND TITLE EXPENSES PAYROLL 505 Health Insurance Fund 169,246.74 7,354.87 505001 Property/Casualty Insurance Fund 297.60 0.00 510 Service Garage Fund 3,433.33 0.00 611 Tourist Development Trust-Adv Fund 4,091.48 0.00 615 Impact Fees Fund 13,475.00 0.00 625 Law Library 524.00 0.00 672 F.F.A. Road Fund 16,993,32 0.00 GRAND TOTAL: 4,335,279.77 7,354.87 01/26/01 ~, LUCIE COUNTY - BOARD ...., FUND: 418 - Golf Course Fund FZABIi"ARR VOID LIST# 17- 20-JAN-2001 TO 26-JAN-2001 CHECK INVOICE VENDOR 00266997 12106325 The Associates 12106325 12106325 12106472 12106472 CHECK TOTAL: FUND TOTAL: TOTAL 2,340.31 6,768.49 250.00 1,141.83 3,412,57 13,913.20 13,913.20 PAGE I I 01/26/01 ~. LUCIE COUNTY - BOARD ...., FUND: 510 - Service Garage Fund FZABI/ARR VOID LISTD 17- 20-JAN-2001 TO 26-JAN-2001 CHECK INVOICE VENDOR 00267559 12107724 New Parts House 12107725 12107726 12107727 TOTAL CHECK TOTAL: 28,00 5.33 9.38 24,65 67.36 67.36 FUND TOTAL: PAGE 2 . I 02/02/01 FZABWARR D 001 001115 001122 001124 001128 001130 001238 001243 001252 001258 001259 001804 001807 101 101001 101002 101003 101006 102 102001 105 107 107002 140 140001 145201 160 183 183001 183004 183106 , -"'211 202 i.~,,203 184803 185001 186 186204 304 316 316001 362 390 401 401220 401221 418 421 ... '"' ST. WARRANT LUCIE COUNTY - BOARD LIST #18- 29-JAN-2001 TO 02-FEB-2001 FUND SUMMARY TITLE General Fund FTA-001-49 USC Section 5307 97/98 CDBG--World of Plastics FTA USC Section 5307 FY 99/00 Section 112/MPO/FHWA/Planning FY01 TC Community Action Agency FYOO/01 OTTE-Rail Spur Magnum Env~ronmental Childern's Environ. Learning Center Urban Mobile Irrigation Lab Grant TDC Planning Grant FYOO/01 Emergency Mgmt. Prep & Asst. FY 00/ SFWMjSLSWCD Well Monitoring Program Floridian Aquifer Well Mon~toring Transportat~on Trust Fund Transportation Trust Interlocals Transportation Trust!80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Port & Airport Fund Port Fund FCT- Pepper Park Addition Plan Ma~ntenance RAD Fund Ct Administrator-19th Judiciql Cir Ct Administrator-ArbitrationjMediat Ct Admin.- Teen Court Domestic Relations Hearing FYOO-03 Civil Traffic Infraction officer st Ft Pi~rce Inlet Mgmt Impl~mentation Ft. P~erce Beach Restorat~on FIND-Ft Pierce Inlet Hydrodynamic SHIP Housing Assistance FY 00/01 Recycling Operating Fund Recycling & Educat~on Grant FYOO/01 Communication System Fund County Capital Transportation Capital Sports Comple~ Improv Fund Treasure CoveL Ocean Harbor S Cap Sanitary Landfill Fund Litter Control & Prevention FYOO/01 Wast Tire Grant FYOO/01 Golf Course Fund H..E.W. Utilities Fund ..." EXPENSES 425,498.81 5,334.00 1,150.00 54.55 61,378.67 2,367..05 1,000.00 8,063.10 88.43 13.36 89.38 1,455.56 90.95 41,606.83 3,244.50 9,743.52 20,350.00 703.00 11,952.56 7,585.29 3,812.97 58,683.42 8,296.92 3,068.86 6,065.33 66,700.00 2,563.70 1,418.97 310.11 199..33 6,158.52 2,400.00 3,858.66 . 19,391.74 1,162.05 532.15 2,180.57 2,999.03 13,957.67 41,453.74 99,261. 90 3,050.00 2,469.26 115,742.40 1,520.88 1,818.75 7,465.61 576.35 PAGE 1 PAYROLL 275,451.63 0.00 0.00 727.30 5,350.66 796.54 0.00 0.00 1,188.80 178.89 0.00 0.00 1,188.80 94,285.70 0.00 0.00 0.00 0.00 42,896.75 3,241.92 2,164.01 46,953.73 36,297.48 6,101.24 0.00 0.00 2,219.20 3,405.02 1,850.58 2,673.73 0.00 0..00 0.00 0.00 0.00 2,429.22 1,789.02 596.34 0.00 0.00 0.00 0.00 0.00 33,168.13 0.00 0.00 20,120.21 194.17 02/02/01 FZABWARR D 441 451 461 471 491 501 505 505001 510 611 625 650 . """'" ST. WARRANT LUCIE COUNTY - BOARD LIST #18- 29-JAN-2001 TO 02-FEB-2001 FUND SUMMARY TITLE North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund Holiday Pines Utilities Fund Building Code Fund Information Technology Fund Health IDsurance Funa Property/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library Agency Funa GRAND TOTAL: 'wi EXPENSES 31,744.46 11,646.93 8,089.30 10,994.37 2,715.56 43,765.29 7,319.30 12,540.11 22,001.47 20,819.94 10,676.80 3,772.17 1,264,974.15 PAGE 2 PAYROLL 3,515.95 2,126.79 8,566.63 1,711.75 1.8,881.41 68,874.46 3,034.75 1,626.22 9,225.73 3,093.32 0.00 0.00 705,926.08 ~ . 02/02/01 ST. LUCIE COUNTY - BOARD FZABWARR VOID LIST# 18- 29-JAN-2001 TO 02-FEB-2001 F'~TD: 107 - Fine & Forfeiture Fund L..",CK INVOICE VENDOR 00267137 I2107262 JoAnne Holman Clerk of Circuit I2107263 I2107263 I2107264 I2107264 I2107265 I2107266 I2107266 I2107267 I2107267 ...." CHECK TOTAL: FUND TOTAL: TOTAL 110.00 272.75 75.00 178.55 75.00 25.55 539.35 75.00 426.45 75.00 1,852.65 1,852.65 PAGE 1 \ Y '-' AGENDA REQUEST IT~ NO. (' - :lA - . DATE: February 6, 2001 REGULAR (] PUBLIC HEARING (] CONSENT (XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: First Amendment to September 25, 2000 Contract with Earth Remediation, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: . RECOMMENDA TION: Staff recommends that the Board approve the First Amendment and authorize the Chairman to sign the Amendment. 4 ~ COMMISSION ACTION: CONCURRENCE: (1<1 APPROVED ( ] DENIED ( ] OTHER: 02-z~ Douglas Anderson County Administrator Review and Approvols County Attorney: Management & Budget ~~ Public Works Dir: .¿ L.J Purchasing: ~ Originat ing Dept. Solid Waste Dir.: 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. 01-98 DATE: January 18, 2001 SUBJECT: First Amendment to September 25, 2000 Contract with Earth Remediation, Inc. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On September 6, 2000, the Board awarded Bid #00-81, Electronic Equipment Maintenance at the Landfill to Earth Remediation, Inc. ("ER!"). On September 25, 2000, the County entered into a Contract with ERI to perform these services. The Solid Waste Manager recently requested that the County Attorney draft an Amendment to the September 25 Contract to clarify that the Contract term is three (3) years with two (2) one (1) year options and to provide for an hourly rate for emergency service. In this regard, the attached First Amendment was prepared. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the First Amendment and authorize the Chairman to sign the Amendment. DSM/caf Attachment '-' ""WI FIRST AMENDMENT TO SEPTEMBER 25, 2000 CONTRACT BETWEEN ST. LUCIE COUNTY AND EARTH REMEDIATION SERVICES, INC. THIS FIRST AMENDMENT is dated this day of , 2001 and is between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" and EARTH REMEDIATION SERVICES, INC., hereinafter called the "Contractor". WHEREAS, the parties entered into a Contract on September 25, 2000 providing for the maintenance of electronic equipment at the County's landfill; and, WHEREAS, the parties desire to amend the Contract as set forth herein. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Paragraph 4 TIME OF PERFORMANCE is amended to read: 1. Paragraph 4 TIME OF PERFORMANCE Unless terminated as provided for herein, the initial term of this Contract shall be three years from the first date above. Therefore, the parties reserve the right to extend the term for two additional periods of one year each on the same terms and conditions, as may be amended. All work to be performed under this Contract shall be in accordance with the Maintenance Schedule (Exhibit "A"). 2. Paragraph 5 "CONTRACT PAYMENT' is amended to read: The County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of this Contract, subject to adjustment by change order, the total estimated amount in current funds being: five thousand one hundred eighty-five and no/100 dollars ($5.185.00). The County shall also pay the Contractor for the emergency work based on the hourly g:\atty\agreemnt\eo.rth remediation 10 '-" '-' rate set forth in Exhibit· AU in an amount not to exceed thirty thousand and 0/100 ($30,000.00) dollars per year. 3. Except as amended herein, the remaining terms and conditions of the September 25, 2000 Contract shall remain in full force and effect. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: EARTH REMEDIATION SERVICES, INC. BY: Print Name: Title: g:\atty\agreemnt\earth remediation 10 w "wi St. Lucie County Glades Road Landfill Electronic Equipment Maintenance Schedule 1. Lift Stations 1. Scale House 2. Office 3. Leachate Station #1 4. Leachate Station #2 5. Leachate Station #3 6. Baling Facility Quarterlv · Verify all panel operations function properly in both the automatic and manual modes of operation · Record running hours, voltages, starting amps and running amps for all pump motors · Verify proper operation of all switches, lamps, floats, relays, alarms, etc. · Visually inspect control panels for signs of intrusion by weather, wet well gases, insects or dust and remedy any such intrusion · Maintain detailed log with recorded data from inspection (copy to be provided to St. Lucie County with invoice) . 1A In addition to the above services, the contractor shall also be responsible for the following, which will be mutually agreed upon prior to performance: · Keep a reasonable supply of spare parts in order to make any repairs necessary to keep system operating properly. · Provide removal and installation services for submersible pumps as required. { This service shall include sub-contracting to a reputable pump and electric motor repair facility for the overhaul of pumps as required. I 2. Leachate Flow Meters Locations Leachate Meter #1 Leachate Meter #2 Leachate Meter #3 1 of 4 EXHIBIT J "A 1/ '-" ....., Annually · Perform accurate calibration in accordance with the manufacturers recommendations and provide detailed calibration report to St. Lucie County 3. Leachate StorageíTransmission Lines Quarterlv · Inspect all check valve pits for signs of leakage · Manually operate valves to prevent "sticking" in the open position · Inspect air/vacuum relief valves and manholes for signs of failure 4. Leachate Leak Detection Systems Locations Leachate Ponds #1 and #2 Phase #3A Quarterly · Verify all panel operations function properly in both the automatic and manual modes of operation · Record running hours, voltages, starting amps and running amps for all pump motors · Verify proper operation of all switches, lamps, relays, alarms, etc. · Test Electrogage/bubbler system and all air pumps · Visually inspect control panels for signs of intrusion by weather, insects or dust and remedy any such intrusion · Maintain detailed log with recorded data from inspection (copy to be provided to St. Lucie County with invoice) 4 t . Annuallv · Remove flow meter sensor and inspect for signs of damage or wear. Clean as required, reinstall sensor and verify calibration and proper operation -! 4A. In addition to the above seNices, the contractor shall also be responsible for the following, which will be mutually agreed upon prior to performance: · Keep a reasonable supply of spare parts in order to make any repairs necessary to keep system operating properly · Provide removal and installation seNices for submersible pumps as required. This seNice shall include sub-contracting to a reputable pump and electric motor repair facility for the overhaul of pumps as required. 2 of 4 '-' ...", 5. Air Strippers Location Fairwinds Golf Course - Air strippers Quarterlv · Verify all panel operations function properly in both the automatic and manual modes of operation · Record running hours, voltages, starting amps and running amps for all pump and blower motors. · Verify proper operation of all switches, lamps, relay, alarms, etc. · Visually inspect control panels for signs of intrusion by weather, insects or dust and remedy any such intrusion · Lubricate blower motor bearings and adjust drive belt as required · Clean water inlet strainer · Adjust water and air flow rates for maximum efficiency · Maintain detailed log with recorded data from inspection (copy to be provided to St. Lucie County with invoice) Semi-Annuallv · Clean sump and visually inspect all internal media 5A. In addition to the above services, the contractor shall also be responsible for the following, which will be mutually agreed upon prior to performance: · Keep a reasonable supply of spare parts in order to make any repairs necessary to keep system operating properly · Provide removal and installation services for pumps and blowers as required. This service shall include sub-contracting to a reputable pump and electric motor repair facility for the overhaul of pumps and blowers as required ~ f 6. Triton Flare Station darterlv · Calibrate oxygen analyzer · Visually inspect and adjust as necessary thermocouples · Inspect and adjust as necessary flame arrester · Inspect condensate sump operations · Check and adjust as necessary programmable logic controller (PLC) · Check and adjust as necessary man machine interface (MMl) · Check and adjust as necessary all vacuum/pressure gauges · Check and adjust as necessary all electric meters 3 of 4 . ..... '-' In addition to the above services, the contractor shall also use Toshiba software and a laptop computer to gain access to the MMI and PLC programs of the flare station. Bid Price 1. Uft Stations $ 2. Leachate Flow Meters $ 3. Leachate Unes $ 1 4. Leachate Leak Detection System $ 5. Air Strippers $ 4 6. Triton Flare Station $ . TOTAL $ ~ ~ . Hourly rate for emergency service on any of the above items $ I The County intends to award one contract for all of the above services. No partial bids will be accepted. ! 4 of 4 ~ "" AGENDA REQUEST IT~ NO. C-()h DATE: February 6, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Emergency Debris Removal Contracts - Arbor Tree and Land, Inc. Grubbs Construction Company Crowder/Gulf Joint Venture BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the 3 contracts with Arbor Tree and Land. Inc., Grubbs Construction Company, and Crowder/Gulf Joint Venture and authorize the Chairman to sign the contracts. " COMMISSION ACTION: CONCURRENCE: t<] APPROVED [ ] DENIED [ ] OTHER: ~~ Douglas Anderson County Administrator Review and Approvals County Attorney: Management & Budget t/v' ~Ho ~'o, *' Road & Bridge Mgr.. . o ----' Originating Dept. Public Works Dir: 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. 01-99 DATE: January 18. 2001 SUBJECT: Emergency Debris Removal Contracts - Arbor Tree and Land, Inc.; Grubbs Construction Company; and, Crowder/Gulf Joint Venture ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On June 13, 2000, the Board authorized staff to advertise a Request for Proposals (RFP) to firms interested in providing the County emergency debris removal services. Eight firms responded to the RFP and all 8 firms were included on the short list which was approved by the Board on October 24, 2000. Attached to this memorandum are contracts with 3 of the firms as follows: (1) Arbor Tree and Land, Inc., (2) Grubbs Construction Company; and (3) Crowder/Gulf Joint Venture. Contracts with the remaining firms will be agendaed when received. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the 3 contracts with Arbor Tree and Land. Inc., Grubbs Construction Company and Crowder/Gulf Joint Venture and authorize the Chairman to sign the contracts. Daniel S. McIntyr County Attorney i DSM/caf Attachments "- '-' CONTRACT THIS CONTRACT, made this _ day of January 2001, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and CROWDER/GULF JOINT VENTURE, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WIT N E SSE T H: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the proposal and the accompanying plans, specifications, addenda if any, and drawings, and they are as fully a part of the Contract as if hereto attached or herein repeated, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Contract. 2. DESCRIPTION OF WORK It is agreed that the scope of work to be done under this Contract is as follows: Contractor shall, upon request, provide the County with the following services: * Emergency Road Clearance - Removal of debris from the primary transportation routes as directed by the County. * Debris Removal from Public Property - Removal of debris from public rights-of- way. Removal of debris beyond public rights-of-way as necessary to abate imminent and/or significant threats to the public health and safety of the community. g: \atty\agreemnt\CROWDER -1- ...... -' * Debris Removal from Private Property - Should an imminent threat to life, safety, and health to the general public be present on private property, the Contractor, as directed by the government officials, will accomplish the removal of debris from private property. * Temporary Debris Staging and Reduction (TDSRS) - The Contractor will prepare and maintain a sufficient number of TDSRS facilities to accept and process all eligible storm debris. Preparation and maintenance of facilities shall include maintenance of the TDSRS approach and interior road(s) for the entire period of debris hauling, including provision of stone for any roads that require stabilization for ingress and egress. Each facility shall include a roofed inspection tower sufficient for a minimum of three (3) inspectors for the inspection of all incoming and exiting loads. All debris shall be processed in accordance with local, state, and federal law, standards and regulations. Processing shall include. but is not limited to, reduction by tub grinding and/or incineration when approved by the County. Prior to reduction, all debris shall be segregated between vegetative debris, construction and demolition debris, "recyclable debris, white goods and hazardous waste. * Generated Hazardous Waste Abatement - Abatement of hazardous waste identified by County officials in accordance with all applicable Federal, State and local laws, standards and regulations. * Debris Disposal- Disposal of all eligible debris, reduced debris, ash residue and other products of the debris management process in accordance with all applicable Federal, State and local laws, standards and regulations. * Documentation and Inspections - Storm debris shall be subject to inspection by County officials. Inspections will be to insure compliance with the contract, and applicable local, state and federal laws. The Contractor will, at all times, provide County officials access to all work sites and disposal areas. The Contractor and the County will have in place at the Temporary Debris Staging and Reduction (TDSRS) personnel to verify and maintain records regarding the contents and cubic yards of the vehicles entering and leaving the TDSRS sites. The Contractor will assist County officials in preparation of Federal (FEMA) and "State reports for any potential reimbursement through the training of County employees and the review of documentation prior to submittal. The Contractor will work closely with the Florida Division of Emergency Management, FEMA, and other applicable State and Federal agencies to ensure that eligible debris collection and data documenting appropriately address concerns of the likely reimbursement agencies. g: \atty\agreemnt\CROWDER -2- ....... -' * Work Areas - The County will establish and approve all areas that the Contractor will be allowed to work. The Contractor will remove all eligible debris and leave the site from which the debris was removed in a clean and neat condition. * White Goods - The Contractor may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The Contractor will dispose of all white goods encountered in accordance with applicable Federal, State and local laws. * Hazardous Stumps - The Contractor will remove all stumps that are determined to be hazardous to public access and as directed by County officials. Stumps shall be hauled to TDSRS sites where they shall be inspected and categorized by size. * Fill Dirt - The Contractor shall place compacted fill dirt in ruts created by equipment, holes created by removal of hazardous stumps and other areas that pose a hazard to public access upon direction of County officials. * Documentation and Recovery Process - The Contractor will provide the following assistance in addition to debris removal: · Recovery process documentation - create recovery process documentation plan. · Maintain documentation of recovery process. · Provide written and oral status reports as requested by County officials. · Review documentation for accuracy and quantity. · Assist in preparation of claim documentation. Upon request, the Contractor shall provide the County with pre-event training and assistance. The parties acknowledge that this is a 'pre-event" contract. In the event the County desires to utilize the services of the Contractor, the parties agree to negotiate and enter into separate 'Work Authorizations· for each project/site. The Work Authorization shall be on a form prepáred by the County and shall include the specific scope of work, cost and time of performance for each project. 3. PROJECT MANAGER The Project Manager for the County is Raymond Wazny at (561) 462-1485. The Project Manager for the Contractor is John Ramsey at (800) 992-6207. 9'\atty\a9reemnt\CROWDER -3- ....... ...., The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. TERM The initial term of this Contract shall be one (1) year beginning on January 1, 2001. The Contract shall renew automatically on January 1 of each subsequent year unless terminated. 5. TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work immediately upon request by the County and delivery of a written notice to proceed and shall complete work in accordance with the agreed Work Authorization. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Work Authorization. In the event the schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expendrture made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. As the Contractor's only remedy for delay, the County may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the g: \atty\agreemnt\CROWDER -4- '- "" * Work Areas - The County will establish and approve all areas that the Contractor will be allowed to work. The Contractor will remove all eligible debris and leave the site from which the debris was removed in a clean and neat condition. * White Goods - The Contractor may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The Contractor will dispose of all white goods encountered in accordance with applicable Federal, State and local laws. * Hazardous Stumps - The Contractor will remove all stumps that are determined to be hazardous to public access and as directed by County officials. Stumps shall be hauled to TDSRS sites where they shall be inspected and categorized by size. * Fill Dirt - The Contractor shall place compacted fill dirt in ruts created by equipment, holes created by removal of hazardous stumps and other areas that pose a hazard to public access upon direction of County officials. * Documentation and Recovery Process - The Contractor will provide the following assistance in addition to debris removal: · Recovery process documentation - create recovery process documentation plan. · Maintain documentation of recovery process. · Provide written and oral status reports as requested by County officials. · Review documentation for accuracy and quantity. · Assist in preparation of claim documentation. Upon request, the Contractor shall provide the County with pre-event training and assistance. The parties acknowledge that this is a 'pre-event" contract. In the event the County desires to utilize the services of the Contractor, the parties agree to negotiate and enter into separate 'Work Authorizations" for each project/site. The Work Authorization shall be on a form prepà1"ed by the County and shall include the specific scope of work, cost and time of performance for each project. 3. PROJECT MANAGER The Project Manager for the County is Raymond Wazny at (561) 462-1485. The Project Manager for the Contractor is John Ramsey at (800) 992-6207. g: \atty\agreemnt\CROWDER -3- "- -' The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. TERM The initial term of this Contract shall be one (1) year beginning on January 1, 200!. The Contract shall renew automatically on January 1 of each subsequent year unless terminated. 5. TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work immediately upon request by the County and delivery of a written notice to proceed and shall complete work in accordance with the agreed Work Authorization. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Work Authorization. In the event the schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expendrture made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. As the Contractor's only remedy for delay, the County may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the g: \atty\agreernnt \CROWDER -4- "- ~ delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. 6. DELAY DAMAGES It is mutually agreed between the parties hereto that time shall be of the essence in the performance of all Work Authorizations performed pursuant to this Contract, and in the event the work is not completed within the time specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the County may retain the sum of $300.00 per calendar day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the County will have sustained per calendar day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, being the liquidated damages the County will have sustained in event of such default by the Contractor. 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of the written Work Authorization. The parties agree to use either (1) the unit price method (where the scope of work is large and exact measurements of work are difficult to define); or, (2) the lump sum price (where the scope of work can be clearly defined) in establishing payment terms in the Work Authorization. All prices must comply with Federal and State reimbursement guidelines. Prior to January 1 of each year that this Contract remains in force, the Contractor shall provide the County with its labor and equipment rates for the subsequent calendar year. The rates for calendar year 2001 shall be those presented in the Contractor's Response to the County's Request for Proposals which is incorporated by reference herein.' 8. PAYMENT SCHEDULE The County shall make monthly project payments on account of the Contract. Unless a different schedule is established in the Work Authorization, upon the satisfactory completion of the Work Authorization and the delivery by the Contractor to County of satisfactory releases of liens and claims if applicable, the County shall pay the remaining 9: \atty\a9reemnt \CROWDER -5- '-- -...I amount found to be due to the Contractor, not later than thirty (30) days after completion of the Work Authorization and the delivery of releases of liens and claims. 9. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 10. PUBUC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Contract. 11. GUARANTEE The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one year after the day of the certificate for final performance of the work for the service intended. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. This guarantee is in addition to any other warranty available to the County for the Work including but not limited to manufacturers warranties. 12. CONTRACTOR RESPONSIBIUTY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than 9: \atty\agreemnt\CROWDER -6- ....... ...., that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being perfðrmed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective emploýees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. g: \atty\agreemnt \CROWDER -7- ~ ~ 13. INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the County to the Contractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the County under the requirement of Section 725.06 Florida Statutes. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the County. g: \atty\agreemnt\CROWDER -8- '- "-" 14. INSPECTION The project will be inspected by the Project Manager for the County and will be rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Contractor. When the work is substantially completed, the Contractor shall notify the County in writing that the work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 15. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCV hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Workers' Compensbtion and Employers Liability: The Contractor shall maintain and, prior to commencing any work pursuant to this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non- renewal. g: \atty\agreemnt \CROWDER -9- "- .-.1 16. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Contract shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. If such expense of finishing the work shall exceed such úhpaid balance the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. , B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the g' \atty\agreemnt\CROWDER -10- '- 'wtÍ County shall compensate the Contractor for all authorized work performed through the termination date. 17. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 18. VERIFICATION OF EMPLOYMENT STATUS Contractor agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of the contract. 19. FLORIDA PRODUCED LUMBER Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (1999) where pertinent. 20. ASBESTOS-FREE MATERIALS Contractor shall not use any asbestos or asbestos-based fiber materials in the work performed under this Contract. 21. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 22. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, subject to the provisions of Section 768.28, Florida Statutes and in no way altering g:\atty\agreemnt\CROWDER -11- '-- '-' the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties, if any, for such fees and costs is joint and several. 23. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With copies to: St. Lucie County Administrator 2300 Virginia Ave. Administration Annex Fort Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, FL 34982 If to Contractor: Crowder/Gulf Joint Venture 901 Greddie Road Tallahassee, FL 32304 24. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to eX~l"cise properly any rights given hereunder shall not operate to forfeit any of the said rights. 25. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Contractor g: \atty\agreemnt\CROWDER -12- '- ~ further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 26. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. " 27. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the g: \atty\agreemnt \CROWDER -13- '- -' mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 28. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 29. PUBLIC CONSTRUCTION BOND The Contractor shall, upon execution and return of any Work Authorization to the County, furnish to the County a public construction bond using the form identified in Section 255.05, Florida Statutes or incorporating all of the terms and conditions set forth therein and covering the faithful performance of this Work Authorization and the payment of all obligations arising hereunder in the amount of one hundred percent (100%) of the Contract amount. The liability of the Contractor and its surety or sureties for the faithful performance of this Contract and the payment of all obligations arising hereunder is joint and several. The Contractor shall record the public construction bond in the Official Records for St. Lucie County and provide the County with a copy of the recorded bond. The public construction bond required hereunder shall meet the following minimum standards: t A. The surety issuing the bond must be licensed to do business in the State of FlorièJa, hold a certificate of authorization to write surety bonds in the State, hold a currently valid certificate of authority issued by the United States Department of the Treasury, and otherwise be in compliance with the provisions of the Florida Insurance Code. B. The attorney-in-fact must provide a certified copy of his or her power of attorney to sign the bond. C. The name, address and telephone number of the surety and its agent must be listed on the bond. g: \atty\agreemnt\CROWDER -14- '- ......, D. The surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Work Authorization is issued. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN J APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CROWDER/GULF JOINT VENTURE BY:~~ ~ Print Name:-rW'~ /'~Ø7.57 Title: /'/¿'/" f " g: \atty\agreemnt\CROWDER -15- """ ..... CONTRACT THIS CONTRACT, made this _ day of January 2001, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and GRUBBS CONSTRUCTION COMPANY, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WIT N E SSE T H: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the proposal and the accompanying plans, specifications, addenda if any, and drawings, and they are as fully a part of the Contract as if hereto attached or herein repeated, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Contract. 2. DESCRIPTION OF WORK It is agreed that the scope of work to be done under this Contract is as follows: Contractor shall, upon request, provide the County with the following services: * Emer'9ency Road Clearance - Removal of debris from the primary transportation routes as directed by the County. * Debris Removal from Public Property - Removal of debris from public rights-of- way. Removal of debris beyond public rights-of-way as necessary to abate imminent and/or significant threats to the public health and safety of the community. g: \atty\agreemnt \Grubbs -1- - '-' "-" * Debris Removal from Private Property - Should an imminent threat to life , safety, and health to the general public be present on private property, the Contractor, as directed by the government officials, will accomplish the removal of debris from private property. Temporary Debris Staging and Reduction (TDSRS) - The Contractor will prepare and maintain a sufficient number of TDSRS facilities to accept and process all eligible storm debris. Preparation and maintenance of facilities shall include maintenance of the TDSRS approach and interior road(s) for the entire period of debris hauling, including provision of stone for any roads that require stabilization for ingress and egress. Each facility shall include a roofed inspection tower sufficient for a minimum of three (3) inspectors for the inspection of all incoming and exiting loads. All debris shall be processed in accordance with local, state, and federal law, standards and regulations. Processing shall include, but is not limited to, reduction by tub grinding and/or incineration when approved by the County. Prior to reduction, all debris shall be segregated between vegetative debris, construction and demolition debris, recyclable debris, white goods and hazardous waste. Generated Hazardous Waste Abatement - Abatement of hazardous waste identified by County officials in accordance with all applicable Federal, State and local laws, standards and regulations. Debris Disposal- Disposal of all eligible debris, reduced debris,ash residue and other products of the debris management process in accordance with all applicable Federal, State and local laws, standards and regulations. Documentation and Inspections - Storm debris shall be subject to inspection by County officials. Inspections will be to insure compliance with the contract, and applicable local, state and federal laws. The Contractor will, at all times, provide County officials access to all work sites and disposal areas. The Contractor and the County will have in place at the Temporary Debris Staging and Reduction (TDSRS) personnel to verify and maintain records regarding the contents and cubic yards of the vehicles entering and leaving the TDSRS sites. The Contractor will assist County officials in preparation of Federal (FEMA) and~tate reports for any potential reimbursement through the training of County employees and the review of documentation prior to submittal. The Contractor will work closely with the Florida Division of Emergency Management, FEMA, and other applicable State and Federal agencies to ensure that eligible debris collection and data documenting appropriately address concerns of the likely reimbursement agencies. . * J * * * 9: \atty\agreemnt\Grubbs -2- * - - "- ......, * Work Areas - The County will establish and approve all areas that the Contractor will be allowed to work. The Contractor will remove all eligible debris and leave the site from which the debris was removed in a clean and neat condition. White Goods - The Contractor may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The Contractor will dispose of all white goods encountered in accordance with applicable Federal, State and local laws. Hazardous Stumps - The Contractor will remove all stumps that are determined to be hazardous to public access and as directed by County officials. Stumps shall be hauled to TDSRS sites where they shall be inspected and categorized by size. Fill Dirt - The Contractor shall place compacted fill dirt in ruts created by equipment, holes created by removal of hazardous stumps and other areas that pose a hazard to public access upon direction of County officials. Documentation and Recovery Process - The Contractor will provide the following assistance in addition to debris removal: · Recovery process documentation create recovery process documentation plan. · Maintain documentation of recovery process. · Provide written and oral status reports as requested by County officials. · Review documentation for accuracy and quantity. · Assist in preparation of claim documentation. . * * * J Upon request, the Contractor shall provide the County with pre-event training and assistance. . The parties acknowledge that this is a 'pre-event" contract. In the event the County desires to utilize the services of the Contractor, the parties agree to negotiate and enter into separate 'Work Authorizations" for each project/site. The Work Authorization shall be on a form prepàred by the County and shall include the specific scope of work, cost and time of performance for each project. 3. PROJECT MANAGER The Project Manager for the County is Raymond Wazny at (561) 462-1485. The Project Manager for the Contractor is Anthony Tanner at (888) 478-2271. 9: \atty\agreemnt\Grubbs -3- - - - - - '- ¥ The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. TERM The initial term of this Contract shall be one (1) year beginning on January 1, 2001. The Contract shall renew automatically on January 1 of each subsequent year unless terminated. 5. TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work immediately upon request by the County and delivery of a written notice to proceed and shall complete work in accordance with the agreed Work Authorization. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Work Authorization. In the event the schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. t In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expendlture made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. . As the Contractor's only remedy for delay, the County may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the g: \atty\agreemnt\Grubbs -4- '-' ...., delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. 6. DELAY DAMAGES It is mutually agreed between the parties hereto that time shall be of the essence in the performance of all Work Authorizations performed pursuant to this Contract, and in the event the work is not completed within the time specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the County may retain the sum of $300.00 per calendar day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the County will have sustained per calendar day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, being the liquidated damages the County will have sustained in event of such default by the Contractor. J 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of the written Work Authorization. The parties agree to use either (1) the unit price method (where the scope of work is large and exact measurements of work are difficult to define); or, (2) the lump sum price (where the scope of work can be clearly defined) in establishing payment terms in the Work Authorization. All prices must comply with Federal and State reimbursement guidelines. Prior to January 1 of each year that this Contract remains in force, the Contractor shall provide the County with its labor and equipment rates for the subsequent calendar year. The rates for calendar year 2001 shall be those presented in the Contractor's Response to the County's Request for Proposals which is incorporated by reference herein. " f I 8. PAYMENT SCHEDULE The County shall make monthly project payments on account of the Contract. Unless a different schedule is established in the Work Authorization, upon the satisfactory completion of the Work Authorization and the delivery by the Contractor to County of satisfactory releases of liens and claims if applicable, the County shall pay the remaining g: \atty\agreemnt\Grubbs -5- '- ~ amount found to be due to the Contractor, not later than thirty (30) days after completion of the Work Authorization and the delivery of releases of liens and claims. 9. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the exp iration of three years after expenditure of funds under th is Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. J 10. PUBUC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Contract. f 11. GUARANTEE The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one year after the day of the certificate for final performance of the work for the service intended. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. This guarantee is in addition to any other warranty available to the County for the Work including but not limited to manufacturers warranties. . 12. CONTRACTOR RESPONSIBIUTY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than 9; \atty\agreemnt\Grubbs -6- ~ ..., that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. 1 The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. t At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being perfOrmed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. , ~ . The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective emploýees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. g: \atty\agreemnt \Grubbs -7- '-' ...., 13. INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. j J Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. . Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises of the Contrac1;or set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the County to the <!ontractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the County under the requirement of Section 725.06 Florida Statutes. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the County. ! I 4 9: \atty\agreemnt\Grubbs -8- "" ...,; 14. INSPECTION The project will be inspected by the Project Manager for the County and will be rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Contractor. When the work is substantially completed, the Contractor shall notify the County in writing that the work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such noti ceo 15. INSURANCE Commercial General Liability: J The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. , I . Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. , , ~ Workers' Compensàtion and Employers Liability: The Contractor shall maintain and, prior to commencing any work pursuant to this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non- renewal. g: \atty\agreemnt\Grubbs -9- "'" ...., 16. DEFAULT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Contract shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. If such expense of finishing the work shall exceed such ùnpaid balance the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the g: \atty\agreemnt \Grubbs -10- ....... ...., County shall compensate the Contractor for all authorized work performed through the termination date. 17. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 18. VERIFICATION OF EMPLOYMENT STATUS Contractor agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of the contract. 19. FLORIDA PRODUCED LUMBER Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (1999) where pertinent. 20. ASBESTOS-FREE MATERIALS Contractor shall not use any asbestos or asbestos-based fiber materials in the work performed under this Contract. 21. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 22. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, subject to the provisions of Section 768.28, Florida Statutes and in no way altering g: \atty\agreemnt\Grubbs -11- '-' ...., the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties, if any, for such fees and costs is joint and several. 23. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With copies to: St. Lucie County Administrator 2300 Virginia Ave. Administration Annex Fort Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, FL 34982 If to Contractor: Grubbs Construction Company 1115 South Main Street Brooksville, FL 34601 24. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 25. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Contractor g: \atty\agreemnt\Grubbs -12- '-" ...., further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 26. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. .. 27. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the g: \atty\agreemnt\Grubbs -13- """ ...,¡ mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 28. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 29. PUBLIC CONSTRUCTION BOND The Contractor shall, upon execution and return of any Work Authorization to the County, furnish to the County a public construction bond using the form identified in Section 255.05, Florida Statutes or incorporating all of the terms and conditions set forth therein and covering the faithful performance of this Work Authorization and the payment of all obligations arising hereunder in the amount of one hundred percent (100')'0) of the Contract amount. The liability of the Contractor and its surety or sureties for the faithful performance of this Contract and the payment of all obligations arising hereunder is joint and several. The Contractor shall record the public construction bond in the Official Records for St. Lucie County and provide the County with a copy of the recorded bond. The public construction bond required hereunder shall meet the following minimum standards: A. The surety issuing the bond must be licensed to do business in the State of Flori~a, hold a certificate of authorization to write surety bonds in the State, hold a currently valid certificate of authority issued by the United States Department of the Treasury, and otherwise be in compliance with the provisions of the Florida Insurance Code. B. The attorney-in-fact must provide a certified copy of his or her power of attorney to sign the bond. C. The name, address and telephone number of the surety and its agent must be listed on the bond. g: \atty\agreemnt\Grubbs -14- ....... 'WI D. The surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Work Authorization is issued. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY GRUBBS ONSTRUCTION COMPANY BY: Print Name:::!drvL(;.. Gí~ Title:~(e':>lO~"f '. 9: \atty\agreemnt\Grubbs -15- '- 'WI CONTRACT THIS CONTRACT, made this _ day of January 2001, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and ARBOR TREE & LAND, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WIT N E SSE T H: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the proposal and the accompanying plans, specifications, addenda if any, and drawings, and they are as fully a part of the Contract as if hereto attached or herein repeated, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Contract. 2. DESCRIPTION OF WORK It is agreed that the scope of work to be done under this Contract is as follows: Contractor shall, upon request, provide the County with the following services: * Emer.gency Road Clearance - Removal of debris from the primary transportation routes as directed by the County. * Debris Removal from Public Property - Removal of debris from public rights-of- wœ-¡. Removal of debris beyond public rights-of-wœ-¡ as necessary to abate imminent and/or significant threats to the public health and safety of the community. g:\atty\agreemnt\ARBOR TREE -1- "'" ~ * Debris Removal from Private Property - Should an imminent threat to life, safety, and health to the general public be present on private property, the Contractor, as directed by the government officials, will accomplish the removal of debris from private property. * Temporary Debris Staging and Reduction (TDSRS) - The Contractor will prepare and maintain a sufficient number of TDSRS facilities to accept and process all eligible storm debris. Preparation and maintenance of facilities shall include maintenance of the TDSRS approach and interior road(s) for the entire period of debris hauling, including provision of stone for any roads that require stabilization for ingress and egress. Each facility shall include a roofed inspection tower sufficient for a minimum of three (3) inspectors for the inspection of all incoming and exiting loads. All debris shall be processed in accordance with local, state, and federal law, standards and regulations. Processing shall include, but is not limited to, reduction by tub grinding and/or incineration when approved by the County. Prior to reduction, all debris shall be segregated between vegetative debris, construction and demolition debris, recyclable debris, white goods and hazardous waste. * Generated Hazardous Waste Abatement - Abatement of hazardous waste identified by County officials in accordance with all applicable Federal, State and local laws, standards and regulations. * Debris Disposal- Disposal of all eligible debris, reduced debris, ash residue and other products of the debris management process in accordance with all applicable Federal, State and local laws, standards and regulations. * Documentation and Inspections - Storm debris shall be subject to inspection by County officials. Inspections will be to insure compliance with the contract, and applicable local, state and federal laws. The Contractor will, at all times, provide County officials access to all work sites and disposal areas. The Contractor and the County will have in place at the Temporary Debris Staging and Reduction (TDSRS) personnel to verify and maintain records regarding the contents and cubic yards of the vehicles entering and leaving the TDSRS sites. The Contractor will assist County officials in preparation of Federal (FEMA) and5tate reports for any potential reimbursement through the training of County employees and the review of documentation prior to submittal. The Contractor will work closely with the Florida Division of Emergency Management, FEMA, and other applicable State and Federal agencies to ensure that eligible debris collection and data documenting appropriately address concerns of the likely reimbursement agencies. g:\atty\agreemnt\ARBOR TREE -2- ....... ...., * Work Areas - The County will establish and approve all areas that the Contractor will be allowed to work. The Contractor will remove all eligible debris and leave the site from which the debris was removed in a clean and neat condition. * White Goods - The Contractor may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The Contractor will dispose of all white goods encountered in accordance with applicable Federal, State and local laws. * Hazardous Stumps - The Contractor will remove all stumps that are determined to be hazardous to public access and as directed by County officials. Stumps shall be hauled to TDSRS sites where they shall be inspected and categorized by size. * Fill Dirt - The Contractor shall place compacted fill dirt in ruts created by equipment, holes created by removal of hazardous stumps and other areas that pose a hazard to public access upon direction of County officials. * Documentation and Recovery Process - The Contractor will provide the following assistance in addition to debris removal: · Recovery process documentation - create recovery process documentation plan. · Maintain documentation of recovery process. · Provide written and oral status reports as requested by County officials. · Review documentation for accuracy and quantity. · Assist in preparation of claim documentation. Upon request, the Contractor shall provide the County with pre-event training and assistance. The parties acknowledge that this is a ·pre-event" contract. In the event the County desires to utilize the services of the Contractor, the parties agree to negotiate and enter into separate ·Work Authorizations" for each project/site. The Work Authorization shall be on a form prepal"ed by the County and shall include the specific scope of work, cost and time of performance for each project. 3. PROJECT MANAGER The Project Manager for the County is Raymond Wazny at (561) 462-1485. The Project Manager for the Contractor is William Hodges (561) 7~. 5626 ~~ g:\atty\agreemnt\ARBOR TREE -3- '- '-' The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. TERM The initial term of this Contract shall be one (1) year beginning on January 1, 200l. The Contract shall renew automatically on January 1 of each subsequent year unless terminated. 5. TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work immediately upon request by the County and delivery of a written notice to proceed and shall complete work in accordance with the agreed Work Authorization. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Work Authorization. In the event the schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expend1ture made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. As the Contractor's only remedy for delay, the County may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the g:\atty\agreemnt\ARBOR TREE -4- '- ....., delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. 6. DELAY DAMAGES It is mutually agreed between the parties hereto that time shall be of the essence in the performance of all Work Authorizations performed pursuant to this Contract, and in the event the work is not completed within the time specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the County may retain the sum of $300.00 per calendar day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the County will have sustained per calendar day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, being the liquidated damages the County will have sustained in event of such default by the Contractor. 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of the written Work Authorization. The parties agree to use either (1) the unit price method (where the scope of work is large and exact measurements of work are difficult to define); or, (2) the lump sum price (where the scope of work can be clearly defined) in establishing payment terms in the Work Authorization. All prices must comply with Federal and State reimbursement guidelines. Prior to January 1 of each year that this Contract remains in force, the Contractor shall provide the County with its labor and equipment rates for the subsequent calendar year. The rates for calendar year 2001 shall be those presented in the Contractor's Response to the County's Request for Proposals which is incorporated by reference herein.' 8. PAYMENT SCHEDULE The County shall make monthly project payments on account of the Contract. Unless a different schedule is established in the Work Authorization, upon the satisfactory completion of the Work Authorization and the delivery by the Contractor to County of satisfactory releases of liens and claims if applicable, the County shall pay the remaining g'\Qtty\Qgreemnt\ARBOR TREE -5- ...... ...., amount found to be due to the Contractor, not later than thirty (30) days after completion of the Work Authorization and the delivery of releases of liens and claims. 9. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 10. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Contract. 11. GUARANTEE The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one year after the day of the certificate for final performance of the work for the service intended. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. This guarantee is in addition to any other warranty available to the County for the Work including but not limited to manufacturers warranties. 12. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than g:\atty\agreemnt\ARBOR TREE -6- '- ....., that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques,sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its. on account of the amount or character of the Work, or because of the nature of the ground in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury ,loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. g:\atty\agreemnt\ARBOR TREE -7- '-' '-' 13. INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the County to the Contractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the County under the requirement of Section 725.06 Florida Statutes. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (to) years after the date of the acceptance of the Work by the County. I g:\atty\agreemnt\ARBOR TREE -8- "" ...., 14. INSPECTION The project will be inspected by the Project Manager for the County and will be rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Contractor. When the work is substantially completed, the Contractor shall notify the County in writing that the work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 15. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCV hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Workers' Compensbtion and Employers Liability: The Contractor shall maintain and, prior to commencing any work pursuant to this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non- renewal. g:\atty\agreemnt\ARBOR TREE -9- '-' ....., 16. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Contract shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the work. 4 , (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. If such expense of finishing the work shall exceed such ûI1paid balance the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the g:\atty\agreemnt\ARBOR TREE -10- '-' ..., County shall compensate the Contractor for all authorized work performed through the termination date. 17. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 18. VERIFICATION OF EMPLOYMENT STATUS Contractor agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of the contract. 19. FLORIDA PRODUCED LUMBER Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (1999) where pertinent. t 20. ASBESTOS-FREE MATERIALS Contractor shall not use any asbestos or asbestos-based fiber materials in the work performed under this Contract. t 21. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign thí~ Contract to any other persons or firm without first obtaining County's written approval. 22. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, subject to the provisions of Section 768.28, Florida Statutes and in no way altering g:\atty\agreemnt\ARBOR "TREE -11- ....... ""-I the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties, if any, for such fees and costs is joint and several. 23. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With copies to: St. Lucie County Administrator 2300 Virginia Ave. Administration Annex Fort Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, FL 34982 . If to Contractor: Arbor Tree & Land, Inc. Post Office Box 1387 Boynton Beach, FL 33425 24. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exéfocise properly any rights given hereunder shall not operate to forfeit any of the said rights. 25. CONFUCT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Contractor g:\atty\agreemnt\ARBOR TREE -12- '-' .....,¡ further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 26. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. '. 27. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the g: \atty\agreemnt\ARBOR TREE -13- '-' ....., mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 28. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 29. PUBLIC CONSTRUCTION BOND The Contractor shall, upon execution and return of any Work Authorization to the County, furnish to the County a public construction bond using the form identified in Section 255.05, Florida Statutes or incorporating all of the terms and conditions set forth therein and covering the faithful performance of this Work Authorization and the payment of all obligations arising hereunder in the amount of one hundred percent (100"1.) of the Contract amount. The liability of the Contractor and its surety or sureties for the faithful performance of this Contract and the payment of all obligations arising hereunder is joint and several. The Contractor shall record the public construction bond in the Official Records for St. Lucie County and provide the County with a copy of the recorded bond. ~ The public construction bond required hereunder shall meet the following minimum standards: A. The surety issuing the bond must be licensed to do business in the State of Floriða, hold a certificate of authorization to write surety bonds in the State, hold a currently valid certificate of authority issued by the United States Department of the Treasury, and otherwise be in compliance with the provisions of the Florida Insurance Code. B. The attorney-in-fact must provide a certified copy of his or her power of attorney to sign the bond. C. The name, address and telephone number of the surety and its"agent must be listed on the bond. 9'\atty\a9reemnt\ARBOR TREE -14- '-' "-' D. The surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Work Authorization is issued. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ~?:Rt . ;ø. / ~'û> ARBOR TREE & LAND, INC. BY:\.~~~)'V Print Name: William Hodges Title: President ~ . g:\atty\agreemnt\ARBOR TREE -15- - ~--......--......~ ~ ...." AGENDA REQUEST ITEM NO. t't;c DATE: February 6, 2001 REGULAR [ ] PUBLIC HEARING [ CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attornev Donald G. Cole Property Acquisition Manager SUBJECT: Environmentally Significant Land Program North Fork of the St. Lucie River Addition I FCT Project #99-025-P9A Neuberger Parcell Tax 10#2433-231-0002-00010 Addendum I to Option Agreement For Sale and Purchase BACKGROUND: May 25, 1999 - Received Board of County Commission authorization to submit Grant Application to Florida Communities Trust (FCT) for the purchase of North Fork of the St. Lucie River Addition Project. 1 December 21, 1999 - Received Board of County Commission approval of the Conceptual Approval Agreement with Florida Communities Trust to , purchase the North Fork of the St. Lucie River Addition Project. October ,3, 2000 - Received Board of County Commission approval of the Option Agreement for Sale and Purchase of the Neuberger Parcel. FUNDS AVAIL.: NIA I PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize the Chairman to sign the Addendum I and direct staff to close the transaction and record the 1 documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [] DENIED [ ] OTHER: ~L Douglas Anderson County Administrator Review and ADDrovals XX County Attorney: XX Originating Dept.: ~ )J. Public Works: County Engineer: Purchasing: Other: "'" ~ Project: North Fork Addition Project #:99-025-P9A Parcel: Neuburger (Sun quest, Inc.) Contract # Property Tax ID#2433-231-0002-000/0 ADDENDUM 1 TO OPTION AGREEMENT FOR SALE AND PURCHASE This ADDENDUM 1 to the Option Agreement for Sale and Purchase is entered into by and between Richard Neuburger and Jennifer Neuburger, his wife, known as Seller and Florida Communities Trust and St. Lucie County known as Purchaser, this day of 200_. WHEREAS, the parties hereto entered into an Option Agreement for Sale and Purchase setting forth conditions for the purchase of real property located in St. Lucie County, Florida, described in Exhibit "A", and WHEREAS, the term of the Option Agreement expires January 30, 2001; and WHEREAS, the parties hereto desire to extend the term of the Option Agreement for Sale and Purchase as provided for in the Agreement. NOW THEREFORE, the SELLER and PURCHASER mutually agree as follows: 1. In every respect, this amendment is to be construed and applied as though the parties had signed it before January 30, 2001. 2. The Qption for Sale and Purchase by and between Seller and Purchaser is hereby extended until March 30,2001. 3. The date of execution of this addendum shall be the date the last party signs this addendum. "'" 'WI IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM 1 TO THE OPTION SALE AND PURCHASE AGREEMENT. SELLER '1é?Þ/ 1v~--4r- Richard Neuburger >~~ J ifer Neuburger Date: I-:;(C; - 0 J ~ PURCHASER ST. LUCIE COUNTY By: Frannie Hutchinson, Chairman Board of County Commissioner of St Lucie County Date: Approved as to Form and Correctness: By: Daniel S. McIntyre, County Attorney FLORIDA COMMUNITIES TRUST By: Janice Browning, Executive Director Date: Approved as to Form and Legality: By: Ann J. Wild, Trust Counsel , ...... '-' ....., AGENDA REQUEST ITEM NO. C-2D DATE: February 6, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS Donald G. Cole Property Acquisition Manager 'SUBMITTED BY (DEPT.): County Attorney SUBJECT: Midway Road/Glades Cut-Off Road Intersection Improvements Contract for Sale and Purchase Chumagali and Helen AIi - Parcell.D. 3420-735-0077-000/6 BACKGROUND: See attached memorandum ~ FUNDS AVAIL.: Funds will be made available in 101002-4112-563007-410045 Transportation Trust/Constitutional Gas Tax PREVIOUS ACTION: N/A ~ RECOMMENDATION: Staff recommends that the Board approve the attached Contract for Sale and Purchase with Chumagali and Helen Ali in the amount of$5,000.00 plus closing costs, authorize the Chairman to execute the Contract and direct staff to proceed with closing and record the documents in the Public Records of SI. Lucie County. COMMISSION ACTION: CONCURRENCE: , , I . [x] APPROVED [ ] OTHER: [ ] DENIED ~ 94-t..l Douglas Anderson County Administrator Review and Aporovals XX County Attorney: /ls o H B ;1 W Y(J(nf!? R.-i- 0 ' ""~ fY.4- , (, XX Originating Dept.: pc- County Engineer: Other: Finance: (Check for Copy only, if applicable) Eft. 5196 G :IACQ\WPlJoAnn\Glades Midway IntersectionlAli\BCCAgenda2601. wpd '-' ,..., PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: February 6,2001 SUBJECT: Midway Road/Glades Cut-Off Road Intersection Improvements Contract for Sale and Purchase Chumagali and Helen AIi - Parcell.D. 3420-735-0077-000/6 St. Lucie County intends to construct intersection improvements as referenced above consisting of pavement widening, including turn lane additions and intersection improvements. With these improvements, St. Lucie County must provide ponds for storm water run off detention prior to discharging into the North St. Lucie River Water Control District Canal No. 103. . The County has contracted Lindahl, Browning, Ferrari & Hellstrom, Inc. to design the proposed improvements and determined three (3) parcels (19, 20 and 21) on the South side of Canal No. 103 would be the most viable location for a pond. The County now owns parcel 20. The AIi parcel is necessary as it lies on the South side of Canal NO.1 03 on the Southeast quadrant of the intersection and is identified on the map as parcel 21. . i , Florida Property Consultants Group performed an appraisal and valued the subject property at $5,000.00. RECOMMENDATION : Staff recommends that the Board approve the attached Contract for Sale and Purchase with Chumagali and Helen Ali in the amount of $5,000.00 plus closing costs, authorize the Chairman to execute the Contract and direct staff to proceed with closing and record the documents in the Public Records of St. Lucie County. Respectfully submitted, - \.-..>·~4M Donald G. Cole Property Acquisition Manager G:\ACQ\WP\JoAnn\Glades Midway Intersection\Ali\BCCMemo2601.wpd ~ASE' T~INE OF ST. LUCIE RIVER WATER MANAGEMENr CANAL #103 IS TAKEN TO BEAR S89'51'08"E AND ALL OTHER 8EARINGS ARE RELATIVE THERETO. © 2000 L8FH Inc. SCALE: ." 1 6 "-" -....I ~, \') ;;;;~ ~~'" (¡ ~~ ~'? ,,<¡-O .I>.'V è'" ûV ~O L_ SECTION 1, TOWNSHIP 36 SOUTH, RANGE 39 EAST -- MIDWAY ROAD COUNTY ROAD 712 ¡: '" o z j ~l NORTH ST.LUCIE RIVER WATER 80' g! MANAGEMENT DISTRICT CANAL #103 _ RFARING RA~ _S89'51'08"~ _ N44'52'33"E 455.57' -. 42.52' TRACT "H- 1 5" TOTAL 11.550 ACRESI 20 21 1"= SOUTH RIGHT -OF -WAY LINE CANAL # 103 _1 EASTERLY LINE LOT 19 OElTA= 76'46'35" RADIUS= 130.00' lENGTH= 174.20' I ~ 1 7 BLOCK 3179 I '" ~ ~ THIS IS NOT A SURVEY PROJECT NAME: MIDWAY/GLADES CUTOFF EAST RETENTION POND ST.LUCIE COUNTY, FLORIDA PORT ST. LUCIE SECTION FORTY SEVEN BLOCK 3180 Scale: 1"= 80' Ibt-I! CONSULTING CIVIL ENGINEERS. SURVEYO~S & ~APPERS .. Parlnen Far Results. INC. Val... By Dorign" 3550 S.W. CQrporate Parkway. Palm City. Florida .34990 (561) 286-J88J Fox: (561) 286-3925 8PR de rBPE License No: 959 www.1bfh.com REVISIONS: Fõeld Book: N/ A Dote 6/20/2000 Project No. 95-0010 F;eld: N/ A Page: N/ A FiLE NO. 95-0010S02 Sheet 1 Of 2 Computed: TEP Checked: JAW '-' ...., r- " \ .. I I I \"' / I ~1:J~':J . /. 1 I ¡-, ~~~ 1 a:::=:r-- I '- = (C , oj " I . I 0- I "' I œ '" ~ I I " 0 I ¿, "' 0 .. I 0 ~ 9 .; I . ;:; I I I I I w I '" ~ '" c I c ¡-o ~ ü~ 0 <~ '" I c::,.; ¡- I , t I I 'l¡,ó- I I I I I I I 1- I~ ~ !~ > Ig ~ I" ~ 0 '" ~ I£!. I ~~ 0<. I "J I ¥ ...., PROJECT NAME: Midway/Glades Cut-Off Intersection Improvements Project PARCEL: Ali - Tax 10 # 3420-735-0077-000/6 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 20 , between CHUMAGALI All and HELEN All. his wife, whose mailing address is 300 East 2'· Street. Apt. B. Brooklvn. NY 11218 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Five Thousand and no/100------------------------------------.{$5.000.00) Dollars, determined to be the total of the following: i . Real Property (Land) and Buildings other Improvements upon the Land (described, if any) ~~ Severance Damages Other (describe) $5.000.00 $ N/A $ N/A $ N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed Midway/Glades Cut-Off Intersection Improvements - AIi '-' -...I conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. i t , 4. CONVEYANCE. SELLER agn~es to convey title to PURCHASER by a good and sufficient statutory 1 Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No-Lien Affidavit as to realty. Midway/Glades Cut-Off Intersection Improvements - AU 2 '-' ~ 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as ofthe date of closing. Credits and charges forthe day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage priorto closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before March 31. 2001 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. t I 11. ATTORNEY'~ FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. Midway/Glades CutwOff Intersection Improvements - Ali 3 '-' '-' 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by. law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the sa~ rights as provided elsewhere herein, when SELLER is unable to make 1 title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER Midway/Glades Cut~Off Intersection Improvements· AIi 4 '-' 'oJ further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. "' (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER Midway/Glades Cut-Qff Intersection Improvements - Ali 5 ""' '"w!I involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 4 23. CONFLICT OF LAWS. ~ The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors orthe parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. Midway/Glades Cut-Off Intersection Improvements ~ Ali 6 '-' ...., IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this W'tt{~h~ I ness 0 umaga I I day of , 20 dUV1-~~a'¿' at,· Chumagali Ali ~ª1:i~t ~ Witness s to Chumagall All -/J.,(l¡¡ Á ÌJ ~ r /..! Witness as to Helen AU ;;7 ~ d!¿¿ í Helen AU ·:JlwJJJ..-~ Witness as to Helen Ali EXECUTED by PURCHASER this day of , 20 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA 4 BY: DEPUTY CLERK CHAIRMAN .. APPROVED AS TO FORM AND CORRECTNESS County Attorney Midway/Glades Cut·Off Intersection Improvements· Ali 7 ~ -' EXHIBIT "A" LEGAL DESCRIPTION Lot 21, Block 3179, PORT ST. LUCIE SECTION FORTY SEVEN, according to the Plat thereof, as recorded in Plat Book 16, Page 40, ofthe Public Records of St. Lucie County, Florida. 1 « , ... Midway/Glades Cut-Off Intersection Improvements - Ali 8 \ / \' '-' ~ AGENDA REQUEST ITEM NO. C-2E DATE: February 6,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: .TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attomey Donald G. Cole Property Acquisition Manager SUBJECT: Resolution No. 01-58 - Warranty Deed Hess Express - U.S. 1 and Kitterman Road - Right-of-Way Donation BACKGROUND: Attached for your review, consideration and approval is a copy of a Warranty Deed for a "comer clip" of road right-of-way associated with the future widening of Kitterman Road. The right-of-way donation is in compliance with Community Development Administrative Order CD-99-012, Paragraph A(1) (copy attached). FUNDS AVAIl.: PREVIOUS ACTION: N/A November 22, 1999 - Community Development Director through Administrative Order CD-99-012 granted site plan approval for the project known as Hess Express - U.S. 1 and Kitterman Road. This approval was granted subject to the developer conveying to SI. Lucie County a "comer clip" located at the northeast comer of Kitterman Road. 1 t RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed from Amerada Hess Facilities Business Trust, authorize the Chairman to execute Resolution No. 01-58, and instruct staff to record Resolution No. 01-58 and the Warranty Deed in the Public Records of SI. Lucie County, Florida. 1 COMMISSION ACTION: CONCURRENCE: [Xl APPROVED [ ] OTHER: I ] DENIED ~-c.. Douglas Anderson County Administrator xx County Attorney: XX Originating Dept.:pr jt Review and Approvals IÞ-/ xx Public Works: xx County Engineer:~ Other: Purchasing: Finance: (Check for Copy only, if applicable) Elf. 5196 G:\ACQ\WP\JoAnn\Hess Express\Resolution 01-58 Agenda.wpd ,i ."'I~ cç , , - ~ " -~ ¥J : ~----~---------~---I-----------~- ~ "i: <_-:::~,/ .~~ "- I' It II J I ',r- r::. :: ::: ~_H-------------r~----------------~------~-- I' "" , :: ::: : <~-~:::;I ,- " 'I 'I J I oo~ ... ': ": , u4_uuu_n_ "a" ~~æ~~·'"~!: ii: t-------:;----/-uu----------- -~ 0-" ", , ,~ , ,I ", I oJ,,- , ",~~ f ~ § ~ ~ ~ ii !i ~l:::::~~'::::;:;:,I::::;:::;:: :::::::::::::::::::::: :::::::: ::::::::::;::::::: :::: ::::::;::::;:::::::::::;: : ~~§~i:: H <:::{:> ,/ ,I 'I u. 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N ;., c 9 SPACES 10' TYP, '. 5' 12' ~ ~ ~ 150.00' ,,'tD ... ;., ~ CJ) U1 W . ~ a:: u.:~ I ~v)\tI1- X -x W~.~9 (f}C'lII...CD U1 ~" W ~ I " j:j ¡g . o ' ¡,j>C'¡ð o~a::¡:: ,.a.w.o: ~ðOtï; " . 5 " 5.34' ~.;' '-' ...., RESOLUTION NO. 01-58 A RESOLUTION ACCEPTING A WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Warranty Deed is duly accepted on behalf of St. Lucie County this 6th FEBRUARY, 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: . Chairman ATTEST: Deputy ClerJ< APPROVED AS TO FORM AL'ID CORRECTNESS: BY: County Attorney G:\ACQ\WP\JoAnn\Heu Express\ResolutionOI.SB.wpd '-' "-' Please return to: CH BX 76 Treasure Coast Abstract & Title Insurance Co. 401 So. Indian River Dr. Ft. Pierce, FL 34950 Brenda J. Bidle DeWittlFile no. 00-5147 Appraiser's parcel ill Number 3415-501-0037-000/9 (part) WARRANTY DEED This Warranty deed made this _ day of January, 2001, A.D., by AMERADA HESS FACILITIES BUSINESS TRUST NO. 1998-1 a Delaware business trust fIkIa Amerada Hess/CrnC Trust No. 1998-1 whose address is hereinafter called the grantor, to 4 ST. LUCIE COUNTY, a political subdivision of the State of Florida Whose address is 2300 Virginia Ave., Ft.Pierce, FL 34982 hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representative and assigns of individuals, and the successors and assigns of corporations) , . Witnesseth: That the grantor, for and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land located and situate in ST.LUCIE County, Florida, viz: See Exhibit "A" attached hereto "'" ...., page 2 - Warranty deed - Amerada Hess/St. Lucie County Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2000; zoning ordinances and rights of way for public roads. SUBJECT TO restrictions, reservations, limitations and easements of record, if any; this reference to said restrictions shall not operate to reimpose the same. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and deiivered in the presence of: witness print name 1 witness print name . STATE OF COUNTY OF .. The foregoing instrument was acknowledged before me, this _ day of January 2001, by who is(are) personally known to me, or who produced identification and who did (not) take an oath. as Commission expires: (seal) NOTARY PUBLIC PRINT NAME '-' ....,; EXHIBIT "A" - A parcel ofland lying in Lot 1, Block 3, MODEL LAND COMPANY SUBDIVISION OF Section 15, Township 36 South, Range 40 East as recorded in Plat Book I, page 41, Public Records of St. Lucie County, Florida, being more particularly described as follows: . . j3eginning at the intersection of the Westerly right-of-way line for U. S. Highway No.1 (120 foot right of way) and the Southerly right-of-way line for Kitterman Road (60 foot right of way); thence S00016'16"E (along said West right of way line) for 50.00 feet; thence N45°15'34"W for 70.73 feet (to the said South right of way line); thence N89°45'08"E (along said South right of way line) for 50.00 feet to the Point of Beginning. Verifie~ 1 t ~ '~' ht--..J (j)D L--'\0M .> 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ( :<2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ""'" ....., ) I fi :1'" '. . r~ r~; !(-ij-\'J'-~ r~\i .. n_~.~ ~-"'_._'-l¡ ¡ il : ! ~ i ¡: ¡ ", 4' . :¡;I, ~_-_ I! II . i_U,',;'; il)1 t- :, i': , , ., f' i fm "- f corv, ! ~~ ~._---,-~._j .,'. h.:,:. ¿N I . :~-'( FL__ CD-99-012 --.-.-- AN ORDER GRANTING SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS HESS EXPRESS - US #1 AND KITTERMAN ROAD MINOR SITE PLAN WHEREAS, the St. Lucie County Community Development Director has reviewed the application for site plan approval submitted by the Amerada Hess Corp(}fation for property at the southwest corner of the intersection of South US #1 and Kitterman Road, and made the following determinations: 1.) A 2,480 square gasolinel convenience store has been proposed for location at the southwest corner of the intersection of South US #1 and Kitterman Road, which is to be known as HESS EXPRESS - US #1 AND KITTERMAN ROAD. 2.) The site plan for the proposed project has been reviewed and found to meet the minimum technical requirements of the Land Development Code and to be consistent with the St. Lucie County Comprehensive Plan. 3.) An Environmental Impact Report is not required for this project. 4.) A Transportation Impact Report is not required for this project. 5.) The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code 6.) 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. 7.) All reasonable steps have been taken to minimize any adverse effects of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 8.) The proposed project will be constructed, arranged, and operated, so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 9.) The proposed project is to be served by adequate public facilities and services. November 22. 1999 Page 1 CD-99-0 12 Final £I...~ 0> Co' !ÞI---f-MJ<¿Y' ::::rJ '1 c...... CD Þ--"D [j "-:D omz .., :z: c:l.Z["'!"1 ro::: a.:::=; :r: .~ c::ro o rn , r·...J 1 :3: ......... e· :r> o :z: .... - ,.... o --oJ ("J OCD, Of"T1 --oJ ;;0 ........lA:;;OO<:: .p. '-D .. 0 r-.J c:::J., o :;u ..... <:c :c om o ^ ("J >---< .... ;ry r..:J("J --oJ c: 0-. >---< ..... -n ::D("J G10 m c: :;u r..:J..... ~J o I 0-. C'J :D >---< :z: ..... , c: ("J >---< m ("J o c: :z: ..... -< 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ( I ",5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 c. .'. '-' -' 10.) The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under ChapterV, St Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St Lucie County Land Development Code, the site plan for the proposed project to be known as HESS EXPRESS - US #1 AND KITTERMAN ROAD., is hereby approved as shown on the site plan drawings for the project prepared by Culpepper & Terpening, Inc., dated December 1998, last revised October 10, 1999, and date stamped received by the St Lucie County Commu nity Development Director on October 25, 1999, for the property described in Part B below, subject to the following special conditions: 1. Prior to the issuance of any building permits, the developers of this project shall convey to 51. Lucie County the area indicated on the project site plan as the "comer clip' at the northeast corner of this site. This conveyance shall be in manner and form acceptable to the 51. Lucie County Attorney and the property shall be free of liens or incumbrance. 2. Prior to the issuance of any building permits for any structures on this site, and as part of the land clearing and site development process, the developers of this project shall provide for the relocation of the indicated 24" oak tree as shown on the site plan referenced above. In the event that this tree dies or otherwise fails to survive at this new location, the developer shall be responsible to provide for compensating mitigation as outlined on the approved landscaping plans referenced above. CJ ?:> "" CJ D "'" B. The property on which this development will take place is described as follows: f--' r·.] ---:¡ 0-. ~ A parcel of land lying in lot 1, block 3, model land company subdivision of section 15, township 36 south range 40 east as recorded in Plat Book 1, Page 41, Public Records of 51. Lucie County, Florida, being more parlicularly described as follows; -n :D GO m r·J r-J D ---:¡ . Fora point of reference, commence at the norlhwest corner of the southwest 1/4 of the section 15, township 36 south, range 40 east; thence north ego 45' Oe" east along the north line of the southwest 1/4 a distance of2337.01 feet to a point; thence south OC/' 16; 16" east, a distance of 30.00 feet to a point on the south right-of-way line Kitterman Road and a point of beginning; thence north ego 45' Oe" east along the norlh right-of-way line Kitterman Road, a distance of 270.00 feet; thence south ego 45' Oe" west along the north a distance of 270. 00 feet; thence north OC/' 16' 16" west, a distance of 270.00 feet to the point of beginning. C. This site plan shall expire on November 22, 2001, unless a building permit is issued or a site plan approval extension granted in accordance with Section 11.02.06, St Lucie County Land Development Code. All requests for site plan extension shall be accompanied by a request for a new certificate of capacity for the property and November 22. 1999 Page 2 CD-99-012 Final 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ( ·¿3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 . OR BOOK 1276 PAGE 2208 '-' ...,.; project described in this Order. D. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Section A above, all such appeals must be filed in writing with the Community Development Director within 30 days of the rendering of this Order, as described in Section 11.02.03(8)(3), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. ~ E. The Certificate of Capacity, attached as Exhibit A, shall be valid forthe same period as this order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. F. 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. G. 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 Community Development Director. H. This Order shall be recorded in the Public Records of St. Lucie County. ORDERED effective the 22"" day of November 1999. 1 I COMMUNITY DEVELOPMENT DIRECTOR ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: .. BY: JtL. (Jk~(L /1 Julia Shewchuk / DJM CD99-012a(a73) CO-99-012 Final November 22. 1999 Page 3 - - '-"" ,..", AGENDA REQUEST ITEM NO. C-2F DATE: February 6,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: .TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Petition to Abandon - Eventide - Unit Two Request Permission to Advertise - Notice of Public Hearing BACKGROUND: Beatrice Corace has requested that the Board of County Commissioners consider her request to abandon a private drainage and access easement on a portion of Lot 8, Eventide - Unit Two. Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon a private drainage and access easement as shown on the attached map. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on March 6, 2001, at 7:00 p.m., or as soon thereafter as possible. COMMISSION ACTION: CONCURRENCE: .. [X] APPROVED [ ] OTHER: [ ] DENIED o~ L... Douglas Anderson County Administrator 1"11 ./ xx County Attorney: if::::( XX Originating Dept.: ~ Review and Approvals XX Public worksff ÂJ Purchasing: XX County En9inee~ Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\Abandonments\Eventide\2601 PermtoAd. wpd ,'JAH-I.1.-e>1 e.l.:1.9 PM CL......UDe:.L..AMY '3.3'5 oð'3 1..... Þ.Q.I. "" ...., Lot 8 o rPoint of Beginning ~ : o U 1$ 30 &¡ Graphic Scale 1 Inch ~ 30 Ft. , / ,/ ~ " /" .// ..../ /í' / " / /' / // / /' /' /.~.... ,- /' // ,.,þ/ .... 'l'/ q~. .......... .... 'l '/ ..... / , / Ñ 1 ........~ I °t(!l/ ~ " " .sO· Vi:' " ',Q 0 <"'1\1>- "L "Ot J"'o/;, 'If' '.... _ I...." S 9n V~ " I " 0ó/r~ ç ^ I ',I '..... -".. <#- ,...~' /...... '<..»""c <t: 1 ", ",' ,0 "'.. f; , ...... ...., 0....,.;.$1.". oM; I ""... .........,~ <::'" J ...,........... I'/. ,o,s. , ........., o. ~.", / ......... '\,j 61"1 I .......... I' I \ J'" I \..! ...,.... -'- ....----- , .~ Legal Description A parcel of land. lying in Lot 8. EvenUde - Unit T'I'o. as recorded in Plat BooK 34. Page SA or the Public Reçords of 51 Lucie County. Flcfida. more particular1y descnbed as Ioilows: commence at 1M Southwest corner of said Late. thence S 56'34'44" E for 57.75 feet to tne point or curvatu"" of a curve, concave to the North. having a radius of 25.00 feet: thence Easleriy along the arc of said curve through a centra; angle of 53'07'48" for 23.18 feet to me Point of Beginning; thence continue aiong the arc of said curve through a centra; angle of '''"''2'17'' for 6.42 feet to a pain! 0/ reverse curvature 0/ a curve, concave to the Southwest, having a radius of 50.00 ¡eet. thence Easterly atong the arc of said curve thrQugh a central angle of t03'09'47" for 90.03 feet; lhence S 39'06'30' 'IV fo, 13.27 reet; trence N 73"20'05" Wlor 49.56 feet tnence N 56·34'44· W ror 29.60 feel to the Point of Beginning. Containing an area of 1.918 square feet or 0.044 acres. ~ SURVEYOR'S CERTIFICATE -""" Eventide Property Owners Association, Inc. Proposed Easement Abandonmenl ðlu.-~ ~ I hereby certify tnat thiS Legal Oescnption S~etcn meets the minimum technical standan:is set forth b~ the Florida Bnarj r,! Professional Surveyors and Mappers, in Chapter 61 G17·6, Flenda Administr3tive Code, pursuan~ection 472027. Florida Statutes. ~ / ' ¿)U.n, inC. Signed: <-. . .~ ( ~ P.O. Box 1500, Stuart. FL 34995·1500 Eric B. Holly 2440 S.E. Feceral Highway, Suite 70C, Stuart Flonda 34994 Professional Surveyor and Mapper (561) 268-4880 Florida Registration No. LS 3:336 R~gistra!ion No LB 5715 Date: September 8 2000 This is Not a Survey. . --,_I. . ètWØ.trAN7l-f"fJHfliRI ·~ ~~rIOIr~S M4Þ!J..E.F""'~"~ 'W ~.(J..'.ø.~~3tHJ114 ~ 1 ~FøJM.-OfZð - ~"'L""oIl';;ð~(,:>"'\ ~ '" . -' '-' '-' -- ~ .. v- ¡~ . " " , I Vall:IOl.::l mIV^31n08 S30V1~!: 3A3 Ñ ~ " , 0 w 0 z l w R ~ .. .. " , " , , , ~~ . I MANOR , " N W '" .. :.:: J: '" .. Ü I- W ~ u. I- ...J ~ , 0 ¡:ó ~ 0 , 0 aJ w '" , '" W '- ./ .. .. ::5 , . . al:lV~ln09 S3OYlm:l3f\3 . > ';; "'-" w z ~ w ¡¡ 3 e . ------- -------- ----------- ------1- I ------ '-' '-' NOTICE OF PUBLIC HEARING MARCH 6, 2001 TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Sections 177 .101,336.09 and 336.10, Florida Statutes, as amended, and the St. Lucie County Land Development Code, Section 11.10.01 et. seq., a public hearing will be held by the St. Lucie County Board of County Commissioners, in the County Commission Chambers, 3'd floor of the Roger Poitras Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, on March 6, 2001, at 7:00 P.M. or as soon thereafter as practicable, on the petition of Beatrice Corace, to close, vacate and abandon a private drainage and access easement on a portion of Lot 8, Eventide - Unit Two, St. Lucie County, Florida, being more particularly described as follows: A PARCEL OF LAND, LYING IN LOT 8, EVENTIDE - UNIT TWO, AS RECORDED IN PLAT BOOK 34, PAGE 5A OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE P ARTlCULARL Y DESCRIBED AS FOLLOWS: ~ COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 8, THENCE S 56° 34' 44" E FOR 57.75 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53° 07' 48" FOR 23.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 42' 17" FOR 6.42 FEET TO A '-' ...., POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 50.00 FEET, THENCE EASTERLY ALONG THE ARC OF SMDCURVE THROUGH A CENTRAL ANGLE OF 103°09' 47" FOR 90.03 FEET; THENCE S 39° 06' 30" W FOR 13.27 FEET; THENCE N 73° 20' 05" W FOR 49.56 FEET; THENCE N 56° 34' 44" W FOR 29.60 FEET TOTHE POINT OF BEGINNING. CONTMNINGAN AREA OF 1,918 SQUARE FEET OR 0.044 ACRES. All interested parties may appear and be heard at the time and place above specified. Written comments received in advance of the public hearing will also be considered. Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. (INSERT MAP) ~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Isl FRANNIE HUTCHINSON, CHAIRMAN PUBLISH DATE: February 10,2001 18 pI type for heading No smaller than 2 column inches wide by 10 inches long PROOF: S1. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 (561) 462-1440 (fax) BILL: COPIES TO: "" St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 County Administrator County Attorney County Engineer County Surveyor Public Works Director Road & Bridge Manager Utilities Director Community Development Director 1 'wi "' \./ "'" AGENDA REQUEST rWM NO. tJh DATE: February 6, 2001 REGULAR [] PUBLIC HEARING [J CONSENT [XX} TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Interlocal Agreement with City of Vero Beach - Water Service to Branand Residence on North Hutchinson Island BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: 1 [x1 APPROVED [ } DENIED [ } OTHER: ~l Douglas Anderson County Administrator County At torney : JJ Review and Approvals Originating Dept. Utility Svcs. Dir.: Purchasing: Management & Budget county Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 - ~ '-' -' INTER-OFFICE MEMORANDUM ST. LUCIE COUNiY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-171 DATE: January 31, 2001 SUBJECT: Interlocal Agreement with City of Vero Beach - Water Service to Branand Residence on North Hutchinson Island ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: A ttached is an Interlocal Agreement between the County and the City of Vero Beach. The Agreement allows the City to provide water service to the Branand residence located on North Hutchinson Island in St. Lucie County until County service becomes available. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. Respectfully submitted, Daniel S. McInt/e County Attorniv / 1 DSM/caf Attachment - '-' ....., INTERLOCAL AGREEMENT THIS AGREEMENT is entered into this J 8cr> day o~~O, by and between ST. LUCIE COUNTY, a political subdi~·~the State of Florida, CITY OF VERO BEACH, municipal corporation (the "City"), and MICHAEL BRANAND, (the "Owner"). WHEREAS, Michael Branand is the owner of certain property in unincorporated St. Lucie County on North Hutchinson Island adjacent to Indian River County, as described in Exhibit "A" (the "Property"); and, WHEREAS, pursuant to Chapter 1.53, Florida Statutes, the County is empowered to provide water and sewer service within unincorporated St. Lucie County; and, WHEREAS, Owner has requested St. Lucie County to provide water and sewer service to the Property, but the County does not have the facilities at this time to provide such service; and, WHEREAS, the City is willing to provide service to the Property, provided the County consents to the City providing such service in unincorporated St. Lucie County; and, WHEREAS, the County is willing to consent to the City providing service to the Property, provided that Owner agrees to connect to County water and sewer service when such service becomes available. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. This"' Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligation other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations or agreements, either verbal or written, between the parties hereto. -1- '-' ..,.; 2. The County hereby consents to the City providing water and sewer service to the Property. 3. The City agrees to provide water and sewer service to the Property, subject to all of the policies and requirements of the City. The City further agrees to discontinue this service to the Property when the County service becomes available and when requested to do so by Owner. 4. Owner agrees to disconnect from City water and sewer service and connect to County water service when County service is available and when requested to do so by the County. This connection to County service shall be at the expense of Owner and subject to St. Lucie County Utiliti~s Services water and wastewater policies. This Agreement shall be binding on all successors to Owner's interest in the Property. 5. This Agreement may only be amended by a written document signed by all parties and filed with the Clerks of the Circuit Courts of St. Lucie and Indian River Counties, Florida. 6. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated or mailed by registered or certified mail (postage prepaid), return receipt requested, and addressed to: AS TO COUNTY WITH A COpy TO: County Administrator 2300 Virginia Avenue Administration Building Annex .. Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Building Annex Fort Pierce, Florida 34982 St. Lucie County Utility Director 2300 Virginia Avenue Administration Building Annex Fort Pierce, Florida 34982 -2- '-' ..., AS TO CITY: WITH A COPY TO: City Manager/Utilities Director P. O. Box 1389 Vero Beach, Florida 32961-1389 Assistant City Manager P. O. Box 1389 Vero Beach, Florida 32961-1289 City Attorney City of Vero Beach P. O. Box 1289 Vero Beach, Florida 32961-1289 AS TO OWNER: Michael Branand 6740 North Highway AlA Fort Pierce, Florida 34949 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer back if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused, or if the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 7. This Agreement shall be filed with the Clerks of the Circuit Court of St. Lucie and Indian River Counties, Florida, prior to its effectiveness. ~ (THE NEXT PAGE IS THE SIGNATURE PAGE) -3- """ "'-II IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date stated below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk APPROVED AS '1'0 FORM AND CORRECTNESS: BY: County Attorney ~=; h. \jo~ BY'~()Mllta-.l~uJdMv Mayor BY: Mich el Branand ~ BY: C:\JWL\Interloc\vero Beach OO.wpd -4- '-' ..,¡ Exhibit "A" The North l50 feet of Government Lot l, Section 3, Township 34 South, Range 40 East, St. Lucie County, Florida; lying East of State Road A-l-A right-of-way as it existed on the lOth day of May 1989, LESS AND EXCEPT the North 45.22 feet thereof, all as recorded at page 2776 of Book 735 of the Official Records of St. Lucie County, Florida. . ~ -5- '-' '-' AGENDA REOUEST ITEM NO. C- J..L DATE: February 6, 2001 REGULAR I ] PUBLIC HEARING [ I CONSENT [XI TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. Mcintyre County Attorney SUBJECT: Resolution No. 01-60 - Supporting public access to the shoreline ofTen Mile Creek Water Preservation Area Site and improvement of the quality of waters within Ten Mile Creek and the North Fork of the St. Lucie River; and encouraging the South Florida Water Management District and the United States Anny Corps of Engineers to incorporate a multi-use, recreational trail system along the shoreline ofTen Mile Creek which will provide improved public access, educational and recreational opportunities, and vital linkages to adjacent greenways and trails. BACKGROUND: On January 9, 1990, St. Lucie County adopted the St. Lucie County Comprehensive Plan through Ordinance No. 91-01 which contains objectives and policies to protect native upland and wetland habitats along Ten Mile Creek and the North Fork of the St. Lucie River. St. Lucie County sponsored a community design charrette on April 28 and April 29, 2000 to create a Countywide Greenway and Trail Master Plan. This plan identifies an extensive network of recreational greenways and trails in the North Fork Greenway, including multi-use trails for hikers and horseback riding along the shoreline of the Ten Mile Creek site. Commissioner Doug Coward has requested that a resolution be drafted supporting public access to the shoreline ofTen Mile Creek Water Preservation Area Site and improvement of the quality of waters within Ten Mile Creek and the North Fork of the St. Lucie River; along with encouraging the South Florida Water Management District and the United States Anny Corps of Engineers to incorporate a multi-use, recreational trail system along the shoreline ofT en Mile Creek which will provide improved public access, educational and recreational opportunities, and vital linkages to adjacent greenways and trails. The attached Resolution No. 01-60 has been drafted for that purpose. /;' ~ '-' ...., FUNDS A V AIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 01-60 as drafted. COMMISSION ACTION: CONCURRENCE: p¡ ] 'APPROVED [] DENIED [ ] OTHER: ~~ Douglas Anderson County Administrator County Attorney: 0r Review and ADDrovals Management & Budget Purchasing originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 '- - RESOLUTION NO. 01-60 A RESOLUTION SUPPORTING PUBLIC ACCESS TO THE SHORELINE OF TEN MILE CREEK WATER PRESERVATION AREA SITE AND IMPROVEMENT OF THE QUALITY OF WATERS WITHIN TEN MILE CREEK AND THE NORTH FORK OF THE ST. LUCIE RIVER; AND ENCOURAGING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE UNITED STATES ARMY CORPS OF ENGINEERS TO INCORPORATE A MULTI- USE, RECREATIONAL TRAIL SYSTEM ALONG THE SHORELINE OF TEN MILE CREEK WHICH WILL PROVIDE IMPROVED PUBLIC ACCESS, EDUCATIONAL AND RECREATIONAL OPPORTUNITIES, AND VIT AL LINKAGES TO ADJACENT GREENW A YS AND TRAILS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations. I. On January 9, 1990, St. Lucie County adopted the St. Lucie County Comprehensive Plan through Ordinance 91-0 I. 2. The St. Lucie County Comprehensive Plan contains objectives and policies which protect native upland and wetland habitats along Ten Mile Creek and the North Fork of the St. Lucie River. 3. The County has adopted policies, regulations and implemented programs which protect natural areas; and works toward the protection, restoration and enhancement of the waters of the North Fork of the St. Lucie River and its major tributaries, including Ten Mile Creek. 4. St. Lucie County and the State of Florida, have worked towards the establishment of the "North Fork of the St. Lucie River Ecological and Recreational Greenway" which includes natural area preserves and recreational lands along the North Fork of the St. Lucie River and its major '-' 'will tributaries, Ten Mile and Five Mile Creeks. 5. St. Lucie County sponsored a community design charrette on April 28 and April 29, 2000 to create a Countywide Greenway and Trail Master Plan. This plan identifies an extensive network of recreational greenways and trails in the North Fork Greenway, including multi-use trails for hikers and horseback riding along the shoreline of the Ten-Mile Creek site. Other passive recreational amenities, such as canoe launches, observation towers, and fishing piers would further complement the recreational greenway system. 6. St. Lucie supports programs that protect and enhance the waters and native upland habitats of the North Fork of the St. Lucie River and its major tributaries to establish a healthy and usable riverine greenway for people and wildlife. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby support public access to the shoreline ofTen Mile Creek Water Preservation Area Site and improvement of the quality of waters within Ten Mile Creek and the North Fork of the St. Lucie River; and encourages the South Florida Water Management District and the United States Army Corps of Engineers to incorporate a multi-use, recreational trail system along the shoreline ofTen Mile Creek. . 2. The County Administrator is hereby directed to forward a copy of this resolution to Mr. Paul Millar, Intergovernmental Coordinator for the South Florida Water Management District; and Ms. Melissa Dollar, Project Manager for the United States Army Corps of Engineers. After motion and second the vote on this resolution was as follows: Chainnan Frannie Hutchinson Vice Chainnan Doug Coward xx XX - '-' '-' Commissioner Paula A. Lewis xx Commissioner Cliff Barnes xx Commissioner John D. Bruhn xx PASSED AND DULY ADOPTED this 6th day of February, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA , BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY - " '-' AGENDA REQUEST ..",,; ITEM NO. c-34 DATE: Feb. 6, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT I X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution 01-45 for mini-grants awarded by the SI. Lucie County Cultural Affairs Council. BACKGROUND: N/A FUNDS WILL BE AVILABLE: 001810-7215-366930-700 SI. Lucie Cultural Affair Council Grantfor Arts Festival and Student Mural. PREVIOUS ACTION: On January 16, 2001, SI. Lucie County BOCC accepted two mini-grants awarded by the SI. Lucie Cultural Affairs Council and authorized the Chairperson to sign the grant agreements. One of the mini-grants wili cover $1,000 in expenses for the 2001 Arts Along These Water Festival. The second one, in the amount of $250, will be used for the Student Mural Art. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolutions # 01-45 to appropriate and expend funds from the SI. Lucie Cuitural Affairs Council mini-grants in the amount of $1,250. COMMISSION ACTION: CONCURRENCE: rx] APPROVED [] DENIED [ I OTHER: ~'- Doug Anderson County Administrator Cou nty Attorney: XX I.:)Ý v Coordination/Sionatures M'"_'" & B""''' xArpfjl'~P"",,,."g Public Works: ' ther: Originating Dept: Finance: (Check for Copy only, if applicable) XX G:\BUDGETI WPIAGENDA'SlAgendaO I ë!'6ArtsCAC _grant.wpd , ~ ""-' AGENDA REQUEST v ITEM NO. C-3b DATE: February 6, 2001 REGULAR [] PUBLIC HEARING [ ] CONSENT [)( ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Smithsonian Marine Ecosystem Museum BACKGROUND: The County has received confirmation in the form of a letter from the City Manager of the City of Fort Pierce (attached) indicating the city's intention to contribute $100,000 toward the construction of the Smithsonian Marine Ecosystem Exhibit. According to the letter, these funds "... will be available to the County when the project is underway and the funds are requested." FUNDS AVAILABLE: See attached Budget Resolution No. 01-53 PREVIOUS ACTION: November 8,2000 - The Board approved the proposed funding of the project which includes an interfund loan of $200,000 from the General Fund to the County Capital Fund which will be repaid with reimbursements received from the State. January 16, 2001 - The Board approved Budget Resolution 01-37 appropriating the anticipated $200,000 contribution from the City of Fort Pierce in the form of a FRDAP 'pass thru' grant. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution No. 01-53 appropriating and expending the anticipated $100,000 contribution from the City of Fort Pierce. COMMISSION ACTION: CONCURRENCE: [x1 APPROVED [] DENIED [ ] OTHER: ~~ Doug Anderson County Administrator Coordinatlon/Sionatures ,ð County Attorney: XX fl'~ Management & Budget: ~.t(lrrlrpurchaSing: ~£ Orig Dept: Central Services: xøJ Finance: (Check for Copy only, if applicable) XX G:\BUDGEn WP\AGENDA'S\AgendaO 1 \02'06'$_ museum.wpd '-' RESOLUTION NO. 01-45...., WHEREAS, subsequent to the adoption of the SI. Lucie County Board of County Commissioners budget for SI. Lucie County, certain funds not anticipated at the time of adoption of the budget have become avaiiable from the SI. Lucie Cultural Affairs Councii in form of mini-grants for the 2001 Arts Along These Waters Festival in the amount of $1,000 and for the Student Mural in the amount of $250. 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 SI. Lucie County, Florida, in meeting assembled this 6th day of February, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-01, and the County's budget is hereby amended as follows: REVENUES 001810-7215-366930-700 Contributions from Private Sources $1.250 APPROPRIATIONS 001810-7215-544100-700 001810-7215-552000-700 Equipment Rental Operating Supplies $1,000 $250 After motion and second the vote on this resolution was as foliows: Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 6TH DAY OF FEBRUARY, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY. FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGE1\ WPIAGENDA'SlAgendaO I \2'6ArtsCAC --8J1Int.wpd -n; IA... uJ ..udu.) '-' ...., ST, LUCIE COUNTY CULTURAL AFFAIRS COUNCIL St. Lucie County Administl'ation Offices. 2300 Virginia Avenue, Ft. Pierce, FL 34982 SI. Lucie County Leisure Services 1302 Virginia Avenue FI. Pierce, FL 34982 Dear Pete Keogh, The SI. Lucie County Cultural Council (CAC), on behalf of the SI. Lucie County Commissioners, is pleased to inform you of a grant award for your organization. Per your application for Cultural Arts Festival, we are able to award the amount of$I,OOO Toward your goals with this community oriented project. We congratulate your organization for it's hard work in the cultural activities and your valuable addition to our cultural community. Please mark your calendar for January 9, 2000, Tuesday when CAC will be holding their annual meeting and award presentation ceremony. We encourage you to attend with anyone from your organization. This event is open to the public and we also encourage you to "bring other community members. The presentation will begin at 6:30pm and will include refreshments. If you have any questions, please call our office. In the meantime, have a wonderful holiday season. Sincerely, ì:"iì· (J ,-, ~ ' \~~ ".Þ.---~ -\.J-..V\ '1:'-D Marti Reno-Curtis Chairman cc: S1. Lucie County Commissioners. Heather Young Assistant County Attorney ST. LUClli CUUNtY ClJLTlJKALAl'1'1\.= L.UU1R.u.. .__ MINI-GRANT PROGRAM '-' 2000-01 GRANT APPLlCATI0!\.....f SECTION A: PROGRAM INFORMATION 1. Florida County: St. Lucie County 2. Program name: Arts Alon!! These Waters 3. Program Type: Cultural Arts Festival 4. Amount of grant funds requested: $2.497.24 5. Estimated number of community residents people to be served: 40.000 6. Cost per participant: Amount of funds requested divided by the estimated number of participants to complete the program ($/#) $.015 SECTION B: CONTRACTOR INFORMATION Identify the agency and official who will sign the Certificate of Assurances, if selected for a grant. 1. Grantee agency name: St. Lucie County Leisure Services u o· d official's name: Nita Wiechel - /Pete Keogh Street address: 1302 Vinrinia Avenue 4. . City: Ft. Pierce , Florida Zip Code: 34982 5. Telephone number: (561) 462-1935 6. Federal Identification Number: 59-6000835 7.. Contractor agency status: Govemmental.x. Private not-for profit _ Private for profit - - 8. Name of fiscal officer: Marie Gouin Telephone number (561)462-1670 9.- Name of fiscal agency if not grantee: 10. Program Director's name: Pete Keogh 11. Mailing address for program correspondence: 1302 Vinrinia Ave.. Ft. Pierce. FI. 34982 SELECTION C: CERTIFICATION: I do hereby certify that ãn facts, figures, and representations made in the application are true and correct. Furthermore, all applicable statues, regulations, and procedures for program compliance and fiscal control will be implemented to insure proper accountability of the grant funds. I certify that the funds requested in this application will not supplant funds that would otherwise be used for the purpose set forth in this project. The filing of this application has been authorized by the Grant Applicant and I have been duly authorized to act as the representative of the contractor in connection with this application. / Authorized Official's Signature Date Pete Keogh / Nita Wiechel Type Authorized Official's Signature St. Lucie County Leisure Services Name of Agency or Entity (561)462-1935 Telephone Number 8/30/00 Date MUST BE RECEIVED NO LATER THAN 5:00 PM, OCTOBER 30, 2000. MAll.. OR DELIVER TO: - St. Lucie County Cultural Affairs Council - Grant Application Committee . Attention: Angela DeCesare ~,., 600 N. Indian River Drive ~ Pierce, Florida 34982-5652 .' PROPOSED PROJECT INFORMAllUN ,.. Jroject name: C~l Arts Festival ~ Population number to be served: 40,000 Total project cost: $12,577.24 Amount requested from this fund: $ 2,497.24 List other põtential and actual sources of support for this project (put an "*,, by those committed, noting any matcbíng fund requirements). Amount Fund $1.500.00 Auulication fees collected from fine arts and crafts vendors (approx. 50 vendors at $30 each aoolication. number taken from last vear's event.) S1. Lucie County Leisure Services Tn'bune advertising Vero Press Journal& News advertising WPSL advertising * $2.560.00 $3 500.00 $3.500.00 $ 500.00 PROPOSAL NARRATIVE INSTRUCTIONS On another sheet of paper answer the following as concisely as possible. Please limit your response to 500 words or less. . 1. What type of program are you proposing? What overall changes are you trying to create and with whom? 2. What are the specific outcomes you seek to achieveJ Describe in measurable terms the outcomes you are focusing upon. - 3. How will you produce the changes descn'bed above? Include information about what participants will do - describe their experiences. 4. How will you know the changes have occurred? Include information about how you will verify the extent to which participants achieve outcomes/performance targets. 5. What is the target audience and briefly describe the geographic service Areas (i.e. Port S1. Lucie, F1. Píerce, rural, etc.). 6. What is the estimated project costs and the amount being requested from this fund? What is the future of this project? Include information about how other resources needed to complete the project are being secured and how you will support this project in the future if it is to continue. '. þJECT BUDGET ROJECT INCOME '-' $14,057.24 total antivted project income Federal State County City Membership Grants Contract/feeS"for services Investment income $2,560.00 $2,497.24 Contributions/donations Fund-raising events In-kind support Other (describe) $7,500.00 in1ånd advertizing support $1,500.00 vendor application fees Total Project Income $14,057.24 PROJECT EXPENSES project expenses covered by this requested grant $2,497.24 total project expenses $12,557.24 Salaries and Wages Consultants/contract services Space costs Equipment Consumable supplies $1,800.00 $ 850.00 $1,400.00 (rental of tents, tables, chairs) - $ 100.00 (to feed volunteer workers associated with arts festival, for two days) Travel Phone/fax printing/postage Training Evaluation In-kind Other (describe) $ 150.00 (posters, signage, mailings, etc.) $7,500.00 advertising $ 150.00 misc. supplies, tape, stakes, decorations, etc. $ 247.24 security for both days. $ 360.00 portalets for both d}iYs Total Project Expenses $12557.24 ~~. ,-'.,':'--;~~~:<~ <::~~f.·~JI:- _ ' .,;.'~#.f,~; i ':....~;~~.:::( 'l"ktober 24. 2000 '-' 1rlæty 1<eno-eurtis St. Lucit r90unty ßJtural flffairs &"mciJ mni-~ant Program 600 n. Indian 1(¡v~ Ðrivu tt. :Dimu, f!Iorida 3l¡(}82 '-II lJ),¡ar ms. 1<eno-eurtis. "flrts flIong 'TIœse Watm' is an annual cultural sltowcasu for cJ.iIdmt and adu!Î.s of all agl!S. 'TItis festivity f!7ICouragl!S tlte participation a..d invitl!S the at!endaIl£U of all residents of tlte 'Treasure &wt and SUffOItnding afl!as. 'TItis year' s ¡romt will also be lteld in conjull£tion with tltu . tt. IJierœ &ntenniá1 &.kbration." On tubnuzry 3.J and 44 tloe dcnontoum waterfront wì11 becmoce a s/wwcase of en1iglttmø<el<t a..d mricltlllellt C()llUllelOlOfating tloe 1ieritage of tt. _ :Dime a..d displaying tIte adept talents witloin St. f.w:ù! 19aunty. ê.ach yuar as tlte audience grows so does tlteir multifaceted array of attributes. 'TIte arts' celebration will ill£lude 1IIUSÎcal perfoma....l!S. historical exltibiu, ~fU! art displays, Itand·crafted itelllS, cultural demonstrations, and culinary expositions. many ethnic groups 1Dt1l be invited to prepare and showcase their native sP-f!CÎalties a..d native wildlife· We wi11 also ill£lude the local mvirol!lllelltal expert.. and f!7ICOllfage them to speak 011 and illustrate topics wltich ill£lude tIte Indian 1?iver f.agoon and tlte ecosystems throughout tlte area. In keeping up with tlte current trends in ecOllOll!Îcs a..d technology in St. Lucie 19aunty, we wi11 appeal to local businesses a..d ask th"", to share their informational experiences a..d practicl!S. 'TItis evelll is intended to serve tlte diverse culturtJl and geograpltic cOlll1llUnÏty interesu in St. Lucie 19aunty a..d surrounding COllllllunÏties. We intend to uú1ize all personal. infonruztional and promot~ efforts to accOIIIIIIodate a..d f!7ICourage tlte participation of all groups of citizens a..d organizations. 'TItis affair wiU serve as an infonnational tool of St. f.w:ù! &unty' s history, culture, and rich talmù i.. which everyone can discoÐer, experienœ and absorb. 8t. f.w:ù! r90unty £.eisure Services hopes this evmt wi11 serve as a cultural and m[onruztional nexus for our area. We plan to utilize our leisure servicl!S staff. facilities, a..d a Iwst of vo!1ØÚI!I!n to p1<m a..d deræ10p this- event. We wi11 also be uti1izing tlte support of fU!Îghboring organizations and busütessl!S to Itelp fimá and proøwte tltis evelll tlorougk the use of IIIOIIeIary tlonatimu. Ù!-lei..d support, and grant 1IIOIIÌes. 'T1te cost of tIte production of this ¡roelll is I!SIŽsRated at $12,577.24. 'lice cultural grant fu..d we are seeJ.i.ng is $2,4<)7.24. eurrent1y CO!IIInÎttee IIU!IIÙJers for . flrts flIong 'TItese Watm" are solicitiKg for advmi.sing, f"'I'I'I1'Îng ~yers, ltIIlÌ1ing i..[onnational packagl!S, securing facilities. and itúmtifying staffing. fls tÌ1IIe grows I\I!an!f for tlois evmt so. wi11 the deroumds for IIIOfI! detailed planning, developed procedures. and identification af funding SOUfCI!S. "flrts along 'TIœse Watm" kas only prove>! to grow each year. fls participation and attendance levels illCreast. so does tke cOIII1IIUnÏty awareness. 'TIte imporlallCe af haDing a sigMture cultural affair in St. f.w:ù! 19aunty is as Îlllportant as tlte need for the expression of our cOØlmunities' gifts a..d talmts. 'The pu1pOS! of this evmt is to give definition of and create a landmark i.. S1. Lucie 19aunty. "flrts flIong 'These Waters" can then be uû1ized as a represmtation of what our COØIIIIunÏty is essmtially about a..d what it bestows to othm. 'Best Wishl!S, rlita W.eche1 Supervisor III Special £Vents &- PfOIIIOtions St. Lucit 19aunty £.eisure ServiCl!S 'w BOARD OF COUNTY COMMISSIONERS ,." COUNTY ATTORNEY DanielS. Mcintyre Heather Young _ James 'W. Lancaster, Jr. Karherine Mackenzie-Smith ASSISTANT COUNTY ATTORNEY ASSiSTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY . December 28, 2000 Ms. Nina Wiechel Arts Along These Waters (Cultural Festival) 1302 Virginia Avenue Fort Pierce, Florida 34982 Re: St. Lucie County Cultural Affairs Council- 2000-01 Mini-Grant Agreement Dear Ms. Wiechel: Enclosed please find four (4) originals of the above-referenced agreement. Please have each of the originals signed and witnessed on behalf of your organization and return them to me prior to January 9, 2000. The Cultural Affairs Council will distribute the grant awards during its Arumal Meeting on January 9, 2000 beginning at 6:30 p.m. The meeting will be held at the Fort Pierce Community Center located at 600 North Indian River Drive in Fort Pierce. A representative of your organization should attend the meeting to receive the grant check. If you have any questions with regard to the agreement, please do not hesitate to contact me. Sincerely, f)~ è:nr- Heather Young Assistant County Attorney HY/mt Enclosures Copy to: Cultural Affairs Council JOHN D. ßP.UHN. Disrrict No.1. DOUG CQWAr.D. DiSTrict NO.2. PAULA Ä. LEWIS. DiSTricT No. :} . Fr\ANNIE HUTCHINSON. OISTricr No.4· CUFF DAr\NES. DistriCT No. 5 Counry AdminiSTraTor· Douglas M. Anderson 2JOO Virginia Avenue . Jrd Floor Admin. Annex . Fort Pierce. FL J4982-5652 . Phone (561) 462-1415 FAX (561) 462-1440 . TDD (561) 462-1428 ""'" 'wi GR.At~T AGREEMENT THIS AGREEMENT, made this day of A.D. 2001, between ST. LUCIE COUNTY CULTURAL AFFA,IRS COUNCIL, hereinafter called the- "Council", and ST. LUCIE COUNTY, or its successors, executors, administrators, and assigns hereinafter called the "Recipient". IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: I. The Council shall disperse to the Recipient a grant in the amount of one thousand and 00/100 dollars ($1 ,000.00)to be used for the 2001 Arts Along These Waters Cultural Festival as set forth in its 2000-01 Mini-Grant Application, incorporated herein by reference. Payment to the Recipient shall be made in one lump sum payment to be made within thirty (30) days of the date this Agreement is fully executed. 2. On or before November I, 200 I, the Recipient shall provide the Council with a report on the program funded by the grant, including but not limited to the number of individuals served using funds provided hereunder and the receipt and expenditure of other funding sources for the program. 3. The Recipient shall have internal-controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the Council. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents required under this paragraph 1 '-' ...., within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement., 6. The Recipient gives the Council the right, until the expiration of -three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon-demand, the Council shall have acc'ess to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the Council shall in no way be responsible for such acts or omission. The Recipient shall and will indeIIUlify and hold hannless the Council from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The term of this Agreement shall be for a period from the date first above written through and including September 30, 2001. 9. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 10. All publications, media productions and exhibit graphics shall include, the following 2 '-' "-tI statement: Sponsored in part by the St. Lucie County Cultural Affairs Council. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the Council: With a copy to: St. Lucie County Cultura1 Affairs Council 2300 Virginia Avenu:: Fort Pierce, Florida 34982 St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Recipient: St. Lucie County Leisure Services Director 2300 Virginia Avenue Fort Pierce, Florida 34982 12. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement - shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the Council currently provides or subsequently provides any fonns for agreement modification, the Recipient agrees to use said fonns. 13. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 14. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2000) and as may be amended fÌ"Om time to time. The Recipient further represents that no person having any interest shall be employed for said perfonnance. . The Recipient shall promptly notify the Council in writing by certified mail, of all potential 3 ........ ...., conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such mitten notification shall identify the prospective - business association,-interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the Council as to whether the association, interest or circumstance would, in the opinion of the Council, constitute a conflict of interest if entered into by the Recipient. The Council agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the Council, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the Council shall so state in the notification and the Recipient shall, at his/her option, enter into said - association, interest or circumstance and it shall be deemed not in conflict of interest with respect - to services provided to the Council by the Recipient under the terms of this Agreement. 15. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenthludicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations Qther than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or mitten, between the parties hereto. (Remainder of page intentionally left blank.] 4 MINI-GRANT PROGRAM 2000-01 GRANT APPLICATI01'T '-' 'wi SECTION A: PROGRAM INFORMATION I. Florida County: St. Lucie County 2. Program:name: Arts AlonlZ These Waters. Student Art Mural 3. Program Type: Historical RenderinlZ for Arts Festival 4. Amount of grant funds requested: $800.00 5. Estimated number of community residents people to be served: 40.000 6. Cost per participant: Amount of funds requested divided by the estimated number of participants to complete the program ($/#) $.002 SECTION B: CONTRACTOR INFORMATION Identify the agency and official who will sign the Certificate of Assurances, if selected for a grant. I. Grantee agency name: St. Lucie County Leisure Services 2. Authorized official's name: Nita Wiechel /Pete Keogh 3. Street address: 1302 Virginia Avenue 4. City: Ft. Pierce , Florida Zip Code: 34982 - 5. Telephone number: (561) 462-1935 - 6. Federal Identification Number: 59-6000835 7. Contractor agency status: Governmental]£. Private not-for profit _ Private for profit_ 8. Name of fiscal officer: Marie Gouin Telephone number (561)462-1670 9. Name of fiscal agency ifnot grantee: 10. Program Director's name: Pete Keogh - II. Mailing address for program correspondence: 1302 Virginia Ave.. Ft. Pierce. F1. 34982 SELECTION C: CERTIFICATION: I do hereby certify that all facts, figures, and representations made in the application are true and correct. Furthennore, all applicable statues, regulations, and procedures for program compliance and fiscal control will be implemented to insure proper accountability of the grant funds. I certify that the funds requested in this application will not supplant funds that would otherwise be used for the urpose set forth in this roject. The filing of this application has beeu authorized by the ~;. . plicant and I have n duly authorized to act as the representative of the contractor in \ ~ i n with this applic Ion. _ _ " 't ^ / Pete Keogh / Nita Wiechel Type Authorized Official's Signature St. Lu ie Count Leisure Services (561)462-1935 8/30/00 - Name of Agency or Entity Telephone Number Date MAIL OR DELIVER TO: SI. Lucie County Cultur( \t!airs Council- Grant Application Cor littee Attention: Angela DeC~e ....,¡ 600 N. Indian River Drive FI. Pierce, Florida 34982-5652 PROPOSED PROJECT INFORMATION - Project name: Student Art Mural Population number to be served: 40,000 Total project cost: $3260.00 Amount requested fi:om this fund: $ 800.00 List other potential and actual sources of support for this project (put an "*,, by those conmútted, noting any matching fund requirements). Amount Fund * 1.500.00 Prize donationCHarbor Federal Bank. contact Bonnie Forest) * 960.00 St. Lucie County Leisure Services PROPOSAL NARRATIVE INSTRUCTIONS On another sheet of paper answer the following as concisely as possible. Please limit your response to 500 words or less. I. What type of program are you proposing? What overall changes are you trying to create and with whom? 2. What are the specific outcomes you seek to aclùeve? Describe in measurable tenns the outcomes you are focusing upon. 3. How will you produce the changes described above? Include information about what partiçipants will do - descn'be their experiences. 4. How will you know the changes have occurred? Include information about how you will verifY the extent to wlùch participants aclùeve outcomeslperfonnance targets. 5. What is the target audience and briefly des.:ribe the geograplùc service Areas (i.e. Port St. tucie,~Ft. Pierce, rural, etc.). 6. What is the estimated project costs and the amount being requested fi:om tlùs fund? What is the future of this project? Include information about how other resources needed to complete the project are being secured and how you will support this project in the future if it is to continue. PROJECT BUDGET PROJECT INCOME "-' Federal State County City Membership Grants Contract/fees for services Investment income ContributioD51 donations Fund-raising events In-kind support Other (descnlJe) Total Projeet Income PROJECT EXPENSES Salaries and Wages Consultants/contract services Space costs Equipment Consumable supplies Travel Phone/fax Printing/postage T rairûng Evaluation In-kind Other (describe) Total Project Expenses $ 3,260.00 total anti~ated project income $960.00 $800.00 $1,500.00 $3,260.00 project expenses covered total project expenses $~50.00 $800.00 building materials $200.00 $60.00 $150.00 (posters, signage, mailings, etc.) $1,500.00 prize fund for schools(donated by Harbor Federal bank by this requested grant $800.00 $3260.00 $3,260.00 '-' ...., ßOARD OF COUNTY COMMISSIONERS Matty RenoCuttis· St. Lucie County Cu n..~1 Atfaic> Council Mini-Gcant Pmgc.am 600 No Indian Rivu Dåve Ft. Piette. FIoåda 34982 Septembe,: 8. 2000 Dear. Ms. RenoCuttis St. Lucie County leisure Setviœs is. p/anninq a grand pœ.sentarlon of att and histoo,¡. On Fphn '~'11 301 and 4"', 200 I. in conjwu:âon with "Am. A10nq These Watets" and the Ft. Pierce "Centennial C plph.~ti~ We will be di·p ~lJj'lg. in conjwu:âon with the St. Lucie COUtItIJ SdtooIs. a 'p<'N~,."I~r su.u!ent att nwca1 f"o1: public viewing. This. di'pl~y will be set up alonq the Indian Rivu watetfi:oru in downtown Ft. Piette. The nwca1 is. projected 10" be 0\Itt 300 feet lone¡ and will depict the past 100 years. of the histoty of Ft. Pierce and St. Lucie County. This. mural will not only hP~ tiW the watetfi:oru dwiru¡ this. event. but each mural section will go- back 10" the school that cœated it 10" !eM: as an p>(p""..i",\ of su.u!ent teamwodt within. the school . Each school within. St. l.ude County. fì:om eIententaty 10" high school. will be pœserued a 4 " 8 piece of pú¡wood on which 10" cœate theæ mural in house. The theme of the mural is. "I 00 YeatS of Histoty." The students and teachets will have. fouc rnot1th:> 10" .....,,~N'~ and paint theæ riwcaI. Cuånq this. fout-month period. this. pmj£ct will !eM: as an pdur~ti"'1a! tool f"o1: the ~ they ~ the~histoty and cuItuœ of out aœa. The students will æso. delve. into-lIaåous foans of att as they compile theæ aaisrlc œnderings. ~ will not OIIÚJ be teamed togethet. but individual ., ,hjpr.. and theæ instnætots. will have. 10" pool theæ pdur~tiona1 œsoucces and knowledge 10" cœate this. mw:aL A. fTlP~.ur~h p 0II!C0tTIe will be the historical and aaisrlc r.endeångs of this. ventuœ. The materla1 cost of this. project. P,,"';~UII cowœd b'J St. Lude County leisure Set:viœs. is. minimal compaœd 10" the impact of its pœsentaIion and outcomes. Øtoc ~ incuaed will include Iwnbec. stiIfting. and misce1Ianeoia items. The schools. will need OIIÚJ 10" supply the paint. tools. staff". stt.tderus. and time 10" !""P"rp theù: mw:aIs. A. prize fund will go- 10" ...IPNPIf schools. 10" suppott theæ ~ and expenses. So- fat we have. œœived a S 1.500.00 donation toward this. prize fund fì:om Iùu:IJoc Fedetal Bank. We are askiruJ othet bank!; 10" mateh these funds. The cost f"o1: this. pmj£ct is. estimated at S 1. 760.00. There are thœe levels of ~ f"o1: the J1UII:a1 prize fund, one f"o1: eIententaty school. one fOt: midd1e. school. and one f"o1: high school. The compiled cåIeåa includes cœalivùy. histoo,¡. cuItuœ. and aaisrlc œpœsentation. One school nwca1 will be chosen. fì:om each of the thœe levels. and those schools. will œœive. at least S 500. 00 10" put toward theæ gmwintJ nœds.. More if addirionallllillChin.q ¡ùnds are œœived. k students e~pM"'1œ this. chaJ1enge and view the 0U1C01IIeS. 50" will the public. The nwca1 will be on di.pl"U dwiru¡ the "Am. A10nq These Watets" event. AIsa pi....,..... of the nwca1 will go- into- the Ft. Pietœ "Centennial" time r~p.. ,Ip as a œpœsmtation of its histoty and the 100 yea£ <'Plp",""ti"1\. Each yea£ at the "Am. A10nq These Waters" festival we seek moœ and moœ ~ f"o1: which 10" show: off ow: \ OUI1q œsiderus aais!ic ~hilitip. All the schooIs.tn St. l.ude County are itwiœd 10" p~..,;,.;p~tp in this. event. Just as this. ruIn ,,.,.1 r.lp",""tiAfl \ IDIIIS. sa does the aaisrlc population. M. St. Lude County leisure Setviœs. we feel this. is. only the beginninç¡: of an ""p......¡"11. in art. histoo,¡. and cuItuœ within ow: COI1UTIWIity. Best WiWs. Nita Wiechel SupetIrisoc ill Special Event!i & Promotion St. Lucie County leisure Setviœs '""" ...., BOARD OF COUNTY COMMISSIONERS COUNTY ATTORNEY Daniel S. Mcintyre Heather Yaung James W. lancaster. Jr. Katherine Macl~enzie-Smith ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY December 28, 2000 Ms. Nina Wiechel Arts Along These Waters (Student Mural) 1302 Virginia Avenue Fort Pierce, Florida 34950 Re: St. Lucie County Cultural Affairs Council- 2000-01 Mini-Grant Agreement Dear Ms. WiecheI: Enclosed please find four (4) originals of the above-referenced agreement. Please have each of the originals signed and witnessed on behalf of your organization and return them to me prior to January 9, 2000. The Cultural Affairs Council will distribute the grant awards during its Annual Meeting on January 9, 2000 beginning at 6:30 p.m. The meeting will be held at the Fort Pierce Community Center located at 600 North Indian River Drive in Fort Pierce. A representative of your organization should attend the meeting to receive the grant check. If you have any questions with regard to the agreement, please do not hesitate to contact me. Sincerely, ~~ Heather Young Assistant County Attorney HY/mt Enclosures Copy to: Cultural Affairs Council JOHN D. on.UHN, DIstrict No.1· DOUG COWAP.O. DistriCr No.2. PAULA A. lE'W'15. Distri<:t No. J . FP.ANNIE HUTCHINSON, Oisrt!cr No.4. CLIFF OAf\NES. Dismcr No.5 Counry AdminiStrator· Douglos M. Andersen 2300 Virginia Avenue . 3rd Floor Admin. Annex . FOIT Pierce. FL 34982-5652 . Phone (561) 462-1415 FAX (561) 462-1440 . TDD (561) 462-1428 """ ...., GRANT AGREEMENT THIS AGREEMENT, made this day of A.D. 2001, between ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL, hereinafter called the "Council", and ST. LUCIE COUNTY, or its successors, executors, administrators, and assigns hereinafter called the "Recipient". IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The Council shall disperse to the Recipient a grant in the amount of two hundred fifty and 00/100 dòllars ($250.00) to be used for the 200 1 Arts Along These Waters Student Mural as set forth in its 2000-01 Mini-Grant Application, incorporated herein by reference. Payment to the Recipient shall be made in one lump sum payment to be made within thirty (30) days of the date this Agreement is fully executed. 2. On or before November 1,2001, the Recipient shall provide the Council with a report on the program funded by the grant, including but not limited to the number of individuals served using - - funds provided hereunder and the receipt and expenditure of other funding sources for the program. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant can not b~ used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the Council. - 5. The Recipient shall provide an audit, by a certified er duly licensed public accountant, of the expenditure of the grant. In the alternative, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents required under this paragraph 1 '- ~ within ninety (90) days after the end of its Jast fiscal year during which funds are expended under this Agreement. ' 6. The Recipient gives the Council the right, untiJ the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the Council shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipientis and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the Council shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the Council from and against any and all liability, çlaims, damages, expenses, fees, fmes, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss ofIife or property of any kind or nature whatsoever sustained during the tenn oft!ús Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The tenn oft!ús Agreement shall be for a period from the date first above written through and including Sept~mber 30,2001. 9. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 10. All publications, media productions and exhibit graphics shall include the following 2 '- ..." statement: Sponsored in part by the St. Lucie County Cultural Affairs Council. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the Council: With a copy to: St. Lucie County Cultural Affairs Council 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Recipient: St. Lucie County Leisure Services Director 2300 Virginia Avenue Fort Pierce, Florida 34982 12. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the Council currently provides or subsequentIyprovides any foans for agreement modification, the Recipient agrees to use said foans. ! 13. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 14. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2000) and as may be amended ITom - time to time. The Recipient further represents that no pers()fi having any interest shall be employed for said perfonnance. The Recipient shall promptly notify the Council in writing by certified mail of all potential 3 '-' ..., conflicts of interest prohibited by existing state law for any prospective business association, interest or other circwnstancewhich may influence or appear to influence the Recipient'sjudgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the Council as to whether the association, interest or circwnstance would, in the opinion of the Council, constitute a conflict of interest if entered into by the Recipient. The Council agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the Council, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the Council shaH so state in the notification and the Recipient shaH, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the Council by the Recipient under the terms of this Agreement. 15. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southem District of Florida for any claims which are justiciable in federal court. 16. 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 commwúcations, representations or agreements, either verbal or written, between the parties hereto. [Remainder of page intentionaHy left blank.] 4 "'" 'wi IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year fIrst written above. ATTEST: ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL SECRETARY BY CHAIRi'l<\i'f WITNESSES: ST. LUCIE COUNTY BY: NAME: TITLE: g:lagreemntlcontractlcac-slc.arts.muraJ. wpd 5 ~ ~ENDA REQUEST ...., ITEM NO. C 4 DATE: February 6, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director, Information Technology SUBMITTED BY(DEPT): Information Technology SUBJECT: Consider approval to purchase replacement Firewall Software. BACKGROUND: The county firewall software is in need of replacement due to ongoing product bugs, which cause the firewall to crash on a frequent basis. The vendor has not been able to fix the bugs. Switching to a more proven and reliable software is necessary in order to assure Internet access for the county staff and support systems that require use of the Internet. This agenda item requests to move $15,864 from Software Support Contracts Acct 501-9000-534110-800 to Software Acct 501-9000-568000-800 in order to purchase a replacement firewall product for the county network. These funds were budgeted for annual support of our county firewall and network security. However, because of continuous product failures on our current firewall software, we did not renew support for the current year on that product, saving $9,900.00. In addition, we were able to save over $11 ,000.00 on our security software renewal contract. Therefore, funds are available. FUNDS Will BE AVAILABLE: From Acct 501-9000-568000-800 (Software) PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board of County Commissions approve Budget Amendment BA01-123 and Equipment Request EQ01-228. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [] DENIED [ ] OTHER: ~<- Douglas Anderson County Administrator County Attorney: @? Review and Approvals Management & BUdge~'rrrr6¡ Other: Purchasing: 1/ Originating Dept: Other: \ '-' ...., RESOLUTION NO. 01-53 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 contribution from the City of Fort Pierce for the construction of the Smithsonian Marine Ecosystem Museum. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resoiution 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 6" day of February, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-2001, and the County's budget is hereby amended as follows: REVENUES 316-1930-337315-76007 APPROPRIATIONS 316-1930-562000-76007 City of Fort Pierce-Phys Env $100,000 Buildings $100,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson XXX Commissioner Doug Coward, Vice Chairperson XXX Commissioner Paula A. Lewis XXX Commissioner Cliff Barnes XXX Commissioner John D. Bruhn XXX PASSED AND DULY ADOPTED THIS 6TH DAY OF FEBRUARY, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BlJDGETI WP\AGENDA'S\AgetldaO I \02'06'$ _ museum.wpd - Dennis W. Beach "",,-,' Manager ~\.~ ~~~ C'IT'I 100 North U.S. 1 ~ost Office Box 1480 -ort Pierce, Florida 34954 (561) 460-2200, Ext 300 Fax (561) 467-9264 .:../ --- OFFICE OF THE CITY MANAGER CITY HALL. 100 NORTH U.S. 1 P.O. BOX 1480 FORT PIERCE. FLORIDA 34954-1480 June 21, 2000 Mr. Douglas M. Anderson Administrator Saint Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Anderson: I I I ~CI '-tÌ '" UNit ~ \ I" ~, oJ' ... '" - TEL (561) 460-2200 FAA (5611 466-5492 At their meeting on July 19,2000, the City Commission approved the County Commission's request for $100,000.00 fmm the City to be used toward construction of the SlIÚthsonian's ''Exploring Marine Ecosystems" Exhibit. The Finance Director will include this in our budget document for the upcoming fiscal year and it will be available to the County when the project is underway and the funds are requested. I have also attached a copy of my memorandum to the City Commission regarding this funding request for your information. Sincerely, ~tA)~ Dennis W. Beach City Manager D~lbtp Attachment ! Œ r= Œ ~Ü IT-¡ ',--_ . .__~ I I--~JAN I. 9~1 t ~C cc: George J. Bergalis, Director of Finance Members of Saint Lucie County Board of Commissioners ~~Þ--: ;f~;¡Øj I - if- 0 / ~ ,. f- ~GENDA REQUEST """EM NO. ~- S tL- DATE: February 6,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV PR~6:~/ P. M. Bowers, Manager Road & Bridge Division TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Award Bid #01-008 for the Aquatic Vegetation Control of D.R.O.W., WW., Lakes & Ponds. BACKGROUND: On December 6, 2000 bids were opened for the mowing and spraying of ponds and retention areas. Two hundred eighty-one companies were notified, fourteen sets of bid documents were distributed and four bids were received. The low bidder is Aquagenix a division of DeAngelo Brothers, Inc. in the amount of $21,675.00. See attached bid sheets. FUNDS AVAILABLE: 101-4110-534000-400 Other Contractual Services PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the award of Bid #01-008 Aquatic Vegetation Control of D.R.OW, WW., Lakes & Ponds for an amount not to exceed $50,000.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: [ iJ: APPROVED [ ] OTHER: [ ] DENIED rí2-r ~ Douglas M. Anderson County Administrator y [X]County Attomey j -p [X]Originaling Dept. Public Works . I ]Finance (ck. for copy only) Conrdinatlnn/Slvn#loh Ires [X]Mgt. & BUdgeN fil1 ffJ; [ ]Co. Eng [X]purchasing I~ I~ [X]Road & Bridge '-' BUDGET AMENDMENT REQUEST ....."RM REQUESTING DEPARTMENT: Information T echnolo~y PREPARED DATE: 01123/01 AGENDA DATE: 02/06101 ACCOUNT NUMBER ACCOUNTNANÍE AMOUNT TO: 501-9000-568000-800 Software $15,864 FROM: 501-9000-53411 0-800 Software Sunnor! Contracts . $15.864 C Y1 , rk )) ;-4 ..h J ÇL - . 1-- REASON FOR BUDGET AMENDMENT: -¡ -, J A . ý/r..e-wtULP ~-4..,:" 0 / CONTINGENCY BALANCE: N/A THIS AMENDMENT: NIA REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: /J1 cJ) BUDGET AMENDMENT #: 01·123 DOCUMENT # & INPUT BY: CJ) 0::: w z.... 09 - 0 CJ)o CJ)o -N :Eo::: :E< Ow ()>-.... >-...Ie 1-<10 z()e :;)CJ)N O¡¡:o () .. u..o:::w O~~ CI-c O:::CJ)< <WC O:;)z maw >-we¡ 1-0:::< Zl- :;)z Ow ():E we: -:;) ()a 3w ¡..: CJ) CI) ~ CI) ~ c w c z w ::;¡ ::;¡ o u W II:: >- (!) o ....J o ~ J: () ~ ~ o ¡:: ~ a:: o lJ.. ~ ¡:.: z w ::;¡ ~ « 11. w C - I- ~ () i ë w > o II:: 11. 11. « ¡:.: z w ::;¡ w u :5 11. W II:: ~ W Z Z < ~ w ~ >- (!) o ....J o ~ J: () ~ ~ o ¡:: ~ a:: o lJ.. ~ lJ.J a:: ~ lJ.. o CI) ..... ..... ~ lJ.J a:: ü: z o ¡¡; :> is ¡:.: z w ::;¡ !!: ::;) a w ...., I @ o CIJ E "0 :S co t: ( ) 0 tU ",-it:: ::s C»,£g ¡g .s '" ..c:"§.è o :t::: c: '- ~ '" ~C/)8 ",- . 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PO Box 8010 .,..I Fort Walton Beach, FL 32548 Tel: (850) 362-0062 Fax: (850) 362-0063 Customer Company County of St. Lucie Customer Tommy McCaÎn Address r- Terms/Freight Approved Terms FOB Point Origin Shipping & Handling Mise Fees Date or Quote, 1117/2001 o Established Custome @ New Customer City/State FL ZIP Phone 561-462-1759 Fax Item Qty Unit Cost Extended ProductlServjce Description I Axent Raptor FirewaJl- NT 6.51 Unlimited wI VPN I S 15,323.90 c?5,323.90 D RFVS-04625 2 Axent Sofh"'are \1aintenance Agreement - Extended I $4,482.92 $4,482.92 RFVM-04948 Raptor FirewaH wi VPN SVR 6.5 E Maiot. NT U/U 3 Axent Network Securit)' Webl\OT License Most 25U l.:8f[NT I 540 r;; $540.00 Total $20,346.82 Notes A) Terms are Net 30 on Approved Credit, otherwise COD B) Tax is not induded. A 15% restocking fee applies to aU retumed merchandise, changed or cancelled C) Installation of products will be scheduled based on availability of products D) Expedite fees & and overnight shipping are not included, but are availabJe E) Y2K conmliance ofuToducts sold bv W A VEnet is solely Jirnited to manufacturers warranties. Prepared By: Ni¡;el Los 1117fZOOl CountyofStLucle,FL-Raptor#2.xls -' " '-'AGENDA REQUEST ....;'EM NO. c.. - S /; DATE: February 6,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV p~~/ P. M. Bowers, Manager Road & Bridge Division TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Amend Bid #01-008 for Aquatic Vegetation Control of D.R.O.w., W.w., Lakes & Ponds. BACKGROUND: On December 6, 2000 bids were opened for the Aquatic Vegetation Control contract. When reviewing the field sites with the low bidder, Aquagenix, it was determined that one site, North 13th Street and Avenue Q, was not identified properly. There are two areas on 13th Street, one owned by the School Board and one by the County. We requested Aquagenix to give us an addendum for the correct site. The original bid was $8.70 per application. The net difference will be an increase of $58.30 per application or $583.00 per year. The total amount of the bid will be $22,258.00. The second low bidder was $51,200.00. FUNDS AVAILABLE: 101-4110-534000-400 Other Contractual Services PREVIOUS ACTION: Approval of Bid #01-008 RECOMMENDATION: . Staff recommends the approval of the addendum to Bid #01-008 for $67.00 per application at the North 13th Street and Avenue Q site, and authorize the Chairman to sign the contract. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [ ] OTHER: [ ] DENIED ~~ Douglas M. Anderson County Administrator [X]County Attorney ,Jõ Cnordlnation/SiQnatlJr9S [X]Originating Dept. Public Works [ ]Finance (ck. for copy only) [X]Mgt. & BUd9~ [ ]Co. Eng [X]Purchasing /~ [X Road & Brid;e ~. f/) e::: W z 21- f/)W >f/)W 1--::1: z::Ef/) :)::Ez 000 00- w>1- -1-:5 OZ:) :):)£0 ..Joe( ¡":0l- f/)u.o 0- om a:: e( o £0 co o o , .... o =It C - £0 f/) . W ::E o . ~ g W .. f/) 0 'I"'" c5 @) a:: 0 I- 0 Z 0 o Nft o CD z e::: o W ¡:: ~ < W I-f/)O W~W C)e:::c ~o 03:·, -00 I-_W e(..JZ :)£OW G:)Q. e(Q.0 '-' ...., W > ¡::o Ow <0 C!a:: Z::l: ~o ~ e:::1- or:. < ww .....e::: z ~::E 4ß-W < Q. 0 0 ~~ ~~ 0 0 ëñæ ëñæ . . Z::I Z::I &I) 0 0(.) 0.(.) ..... 0 0 CD N D.w D.w - tJ)tJ) tJ)tJ) £0 ft ft 'I"'" 'I"'" We We N &I) D::_ D::_ 4ß- 4ß- 'ID 'ID Z Z 00 00 zz zz . 0 z - ft . f/) 0 a:: z W - ::I: ...r I- 0 0 e::: a:: I- £0 Z 0 0 W ...J 0 0 W Z - C) 0 ~ z - I- W < e( f/) . 0 W l- e::: z 0 W 0 - C) ft .. I- ::E >< u. .J W 0 tn - 0 u. > ~ W a: z .: oi ::I: wz~ O.J 0 C) OÆ -.: 1--' 1-'" u. e:::u. c e( - E <It z. :)þ Z :) f/) ii :)~ z~ I-u - II. W G>~ G·!! :)ä: <l.! -In e( o~ > o~ z~ > <æ W 1 b3 D ~ ~ ... N .. c W I- ::> CD b ¡¡: I- W If ¡¡: is ¡:: If ö 0 I- Z Z W If W > ::IE w ::IE iii 0 Z ::> u u g w Ii 0( II:: II. 0( ::IE :g I- 0 C If ~ ¡¡¡ ¡¡¡ c u z u. u. u. 0( . 0 0 0 ::IE S II:: II:: II:: w ! w w w c CD CD CD II:: ~ ::IE ::IE ::IE w ¡¡: > ::> ::> ::> II. '- Z Z Z . ~ I I I I I I I ) I I I I I I ) I I I I ~ SECTION 060 .....,¡ BID SPECIFICATION SUBMITTAL FORM AQUATIC VEGETATION CONTROL OF D.R.OW., WW., LAKES & PONDS ~@~w 060-01 CONTRACTOR QUESTIONNAIRE: COMPANY NAME: Aquagenix DIVISION OF: DeAngelo Brothers, Inc. PHYSICAL ADDRESS: 6873 Vista Parkway North MAILING ADDRESS: 6873 Vista Parkway North CITY, STATE, ZIP CODE: West Palm Beach. FL 33411 tJ8/- 2..crl TELEPHONE NUMBER: (561 )....6ij; S.bJ FAX NO. (561) 687-1656 CONTACT PERSON: Michael Catron 060-02 ORGANIZATIONAL PROFILE: (Complete all appropriate information) IS THIS FIRM INCORPORATED? Yes ~ No _ If yes, in what state? PA Paul DeAngelo President Neal DeAngelo Secretary Neal DeAngelo Treasurer How long in present business: 22 yrs How long at present location: 6 yrs Is firm a minority business: Yes _ No ----x-: Does firm have a drug-free workplace program: Yes --1L- No . If no, is your company planning to implement such a program? 060-03 BID RESPONSE: Total annual charge for contract (use figures submitted on Schedule #1, Summary of Costs): 1st YEAR (2000101 Fiscal Year) $ (submitted Schedule #1) 21675.00 on Summary of Costs from C:'[)c)(:urunls .ndS.tlíngs\(lmvon..~a::.1 Se"lrogs\Temp\2001 008 bid.wpd-rev. 111ié3- I I I I I I I ) I I I I I I I I I 1 I . List below all' 'ipment the Contractor proposes to ,";ze in execution of v.ork, as required in the Co~ad. ....,; Carolina Skiff Echo Dixie Chopper Part or Model No. Ranger 6x6 ,T 1 ð. SRM ?1nn X1901 Manufactµrer Name Polar~s (Note: If more room is needed to list all equipment, please list extra equipment on the back side of this page) List below all chemicals the Contractor proposes to utilize in execution of work, as required in the Contrad. Manufacturer Name Type of Chemical Griffen Copper Sulfate ~eneca Reward SePro Nautique Monsanto Glypro Setre Induce PH Griffin Fluridone (Note: Please submit MSDS for all chemicals listed above as required in paragraph 6.12 of the Proposal Requirements.) Contractors proposal as an alternative method of Aquatic Vegetation Control, as requested in 8.5 ofthe Proposal Requirements. Please list method: chemical, mechanical, etc. proposed, and price listed below: METHOD: Manual removal of exotic/nuisance ve ation followed uridone treatment to achieve desired results hy st ~]~ip County and Aquagenix. QUOTE FOR ALTERNATIVE METHOD: $ 7.14<; 00 ppr acre This form must be completed in its entirety by an authorized representative of the firm offering this Bid. Prices entered herein shall not be subject to withdrawal or escalation by Bidder provided County notifies Bidder in wrilng within 90 days after bid opening date of County's intent to accept Bid. Bidder agrees to comply with all requirements stated in the specifiætions for this bid. 060-040 CERTIFICATION: c:\Doc:uMntI andUtl.'II'..·.....,__4_ SeItll'lgS\Temp\200HIOI bid.wpd·....... ,wW4- 'f,"~;~mi~fj'/'" ''''.' ;J~;'! . "'Y '/¡. ~ -~, ' who is an officer . ' w :"è:mm.=c( ,õ' ,,~,,:,' . ~:tf ",1I1)t!i':!!ì ."., tracts. I certify thatthis bid ?~:, ~ :;~ ,,,}$'" è"'Wlthòut'prlO,i-.r, ,,~rst8~Ç!1!:!9~lt ~ ... ent; or connection v.ith a,ny corporati~, .firm, ,.,,0 :",'i:;' ;O~<~.~on submittin~'ld fortl\e'sarne:mlit8r1als, supplies, or eq~lp~ent, and IS In all 'J';;"'.'\:.'.~,<;,;./".'.:.;'>'<,re. ~ ;).~cts. 'fair and wlt!'!"O.,ti.t",colluslonor.@Ud?i un~erstand collusive bld.d~ng is a violation of ·i. "i,; ..' .,Sq¡t~,a!1d Federal law ,and can result in fines, prison sentences, and cIvil damage awards. ; "i;':',;, lag~e;!( abide by al.lconditions of this bid, ~'t~~i:~~~~I~~;tion ,;.;. '. ,.:,),~, 0:,: ',' , . . . 'i:~:;~.è,;j;~:';'t~!J~derstO<.Xltha~;~!S Bidder¡l~p( ',mç,l)y the bld~lng documents and that the bid may "(~~5~f.Ê',:t;notJ5~bYJthdrawn.·dLlr l'!gaper ~ø~days after bid 0 paning. 'i~îf~1,f!,.{~;':~~':;;;<1~ .,JY',:\·t\· '~~~~' '.' ," í1<:~i:;'~<;'1"h¡~ôardof~ourl~t~,;,I~qneisiandreserVes the right to waive ~~y informalities or ¡: ' rnl!)i~~-'rr~gulanties,l!j~,~any ¡¡ndall.þlps:whk:h are Incomplete, conditional, obscure, or " ,agp~l.,n.~d~itf.,' ~~. all,O'~v,ed,, ;~":fo,,,..r;.~a, <:ce,.... pt",rreject any bid in whole or in part with or ,,' "dausli!;:and:!i' .,tfi"é:ildWfj!.~#)J8$t' esthe County, ~~: ~. ',; ,!~~rf"+::¿:':~~~~::~~; i' lkCB-Cð Date ,elJ)Qrale seal attested by the secretary shall . érshaIl attach to this form evidence of legal ~;!f¡~:\o:f¡' j7';{~''-; , , " " . ...-c·,- :~ ".'-: '.~ ;~:.:. ~. ,,' 1 ~.~. I';'·.. ' '. .:~:~. ~~.:~-..::., :~~.::_.. .~~. " . .. .. ."" C:\Docun.mI8ndSetllngNmyon..u.aI Setllngs\Temp\2001008 bId.wpHw. 1ff4&5.. '. I ........ SECTION 070 ....., I SCHEDULE # 1 I location Specific Area Work Requested Total Acres Price per Applications Annual Charge or Linear Ft Application per Year Timberlake lake #1 Mow/lWeedeat .53 46.11 10 461.10 Estates. 57.60 115.20 Angle Rd Ex! Spray Water Area .57 2 West of Spray Edge of lake 1400 23.37 2 46.74 Kings Hwy lake #2 Mow/lWeedeat .53 46.11 10 461.10 Spray Water Area .57 57.60 2 115.20 Spray Edge of take 1400 23.37 2 46.74 Indian River lake Mow/lWeedeat 5.58 485.46 10 4,854.60 Estates (Includes Spray Water Area 4.48 156.60 2 313.20 Park) Spray Edge of lake 1900 2 24.90 49.80 Pine Hollow lake Mow/lWeedeat 3.33 289,71 10 2.897.10 on S FFA Rd. Spray Water Area 2.87 257.40 2 514.80 Spray Edge of lake 3120 38.54 2 77 .08 lost Tree lake Mow/IWeedeat 1.05 10 Estates on 91.35 913.50 Edwards Rd 25" Street Retention Mow/IWeedeat 2.30 200.10 10 2 001.00 north of Pond Edwards Rd Spray Water Area 2.07 162.00 2 324.00 Spray Edge of lake 1960 25.10 2 50.20 S. 25'" Street Retention Mow/lWeedeat .47 40.89 10 408.90 Pond A (At PSl City Spray Water Area .39 54.00 2 108.00 Limits) Spray Edge of lake 660 14.10 2 28.20 Pond B Mow/lWeedeat .42 36.54 10 365.40 Spray Waler Area .51 54.00 2 108.00 Spray Edge of lake 640 14.10 2 28.20 Pond C Privately Maintained (Divine Rd) Pond D Mow/lWeedeat .42 36.54 10 365.40 Spray Water Area .51 54.00 2 108.00 Spray Edge of lake 640 14.00 2 28,00 I I I I I I I I I J I I I I I C:\Oocuments Sncls.1tlngl'-myon..'La::aI SetUngsITemp\2001008 bid.wpd.,..... 1na3- I I I I I ........ ¥ I Pond E Mow I Weedeat .34 29.58 10 295.80 (BeIlAv) Spray Weter Area .56 2 54.00 108.00 Spray Edge of lake 660 14.10 2 28.20 Pond F Mow I Weedeat .42 36.54 10 365.40 (Forest Grove 54.00 School) Spray Water Area .51 2 108.00 Spray Edge of lake 640 14.10 2 28.20 Prima Vista Retention MowllWeedeat .77 10 Bv.& Rio Mar Pond 66.99 669.90 Research Retention MowllWeedeat 1.82 10 Cenler Rd. Dilch slslo Rd 158.34 1,583.40 Avenue 'Q" & Retention MowllWeedeal .14 10 North 13" SI. Pond 8.70 87.00 Holiday Ditches & Spray Water Area 14.23 2 Pines Ponds (Golf Area) 1280.00 2,561.00 West Lake Lake MowllWeedeat .16 13.92 10 139.20 (slo King Orange Dr) Spray Water Area 2.53 ð.~~ ð.n 2 Q10 1\0 I I I ) I I I I I ) I I I I C:\DocI.nII'nl. .ndSetllngswmyonnllcal S.ttingl\Temp\2001008 bid,wpd·r..... 11'1íà4· Ja~~05-01 03:10P P.02 "" - Aquag~~n x Ma!"\ilgil'lg Your l..iqu11t ",sets AddcnduIJLt~LÇ..onlc.ª"~L#J)L-QOJ~. ;,.:=======;::'-=;-:::-...,.~......__."......._....."..."""...._______'__... .......... ...._. _. ;..~ 0..· __. .___.' .'. ~ I. LUCie LOUDlY :¿jUU vlfgmla Ave. I't. Pierce 1'1.. 341)112 :.::===________._~.-_. ..._-..' ---..----...,..~'="'="'=..-:~,,~""I.~.,~ '".'__:. .~.."'.'.,,,.,, ,",~.,.'- ,.-,.--:- .,-~,. . .-. . .----- I)AT¡;: TEKM:S: Ul;.UVl·;!{)': ,..,__....c..;;._____....;.:....:;=.:.:===============:-:-~~~~-:'-.------------------ -------- 01/01/01 According In cnnlracl ================-':-:~--;-;------_._"""""""''''''''''''-''-'; We are pieast.'<Î l<J <jl.lmc spccj;¡í pricing us Ú,iil",s: :.======:=;=====~~;--:_____.............,._..,.,.,_....".....""":_O'&.,...,."'...., QlIAN1T1Y: I)ESCI{II' nON: M,,10111'.J: --------...............".,,-=====].;.;-'-----------_.....:.....;.;.;....,.:.:,..,;. _..:...;;.......:......;_._.....:......:._.....:..;.;.;.......;:....;.;.. -- .. .. -- -..--.- \[) MOW/WCCUCIII dry rClcnlmll "rC(I at north end of D'i' St. $(, 7.00 pCI' cuI I SI, 7(100 P"" yea,. _...,""'..._-------....._...:...:..:.=;.::==============::=;~="="='=-=':':~-::.-:-':"'",..--:~ TI11S OFFER IS noon FOR TWENTY (21) UA'iS ¡'¡'\U!V1 DATI; OF C)lI01AIlON --,""T",......-.....-.,.......,.,._~,.,...,.,.__..._.....,...._...._----------'-'--------'--...;.,------....;-...... .w__ - - ---- A()lJA(;I·.NIX CUS 10I\U:..I<' At LI'~I' t ^ N("I: - I ~c al)ovi.:' pnc!.:".. ~rCCI1H.:atlOll'" 'I1UJ. cunûilions un: s~nisïa~'\Ory ÎH:fI':[lY tK~l:plc(,i. IIY RY .~.. ---'" .-,.....-.--. M ic:h~el Catron í}"ï~iJ /1873 Vista f"'3l'kwo1Y Nortt't. Ww;,¡II-'¡.,hn AHMC'1'I Fl ;),34.11 ........ "..,..~ ,.....~..., _ ...._..., "A' ...._ ....... ,"....,..". ,......... . .-"\-""1.....'··..··" .......·....1 ,.,..........,,-...,. ... ,. .... '-" AGENDA REQUEST ...."., ITEM NO. C-5C DATE: February 6,2001 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Transfer of Aico Road from State jurisdiction to St. Lucie County jurisdiction, and acceptance for maintenance by St. Lucie County. REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: BACKGROUND: The Florida Department of Transportation (FDOT) is requesting the transfer of Aico Road to the County for operation and maintenance. Aico Road is located just west of the Interstate (1-95), on the south side of Indrio Road (SR614), as shown on the attached map. Historically, Aico Road provided temporary access for the construction of 1-95. It was intended that the road would be paved and improved as part of the 1-95 construction and would be deeded over to the County after the completion of the Interstate. The roadway was never paved, and the County refused to accept an unimproved roadway. Currently, FDOT is preparing plans to improve the roadway by installing paving and drainage. FDOT is preparing to initiate millings and resurfacing of 1-95 from Okeechobee Road (SR70) to the Indian River County line. The Aico Road improvements will be included in the 1-95 construction project scheduled to begin this year. Under the terms ofthe attached agreement, the County accepts responsibility forthe road right-of-way, operations and maintenance of the roadway, including curbs, drainage structures and roadbed. FUNDS AVAIL.: n/a PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends approval of the attached Roadway Transfer Agreement and Resolution No. 01-56for Aico Road to be transferred from the State to St. Lucie County for ownership and maintenance, and signature by the Chairman. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [ ] OTHER: [ ] DENIED ~~ Douglas Anderson County Administrator Coordlnation/Sianatures [x]Originating Dept. Public Works aicotransfer.ag [x]RevCoord Q':¡f) t'\ [x]Road ~ '7 [x]County Attorney ¿t.~ [ ]Mgt. & Budget [x]Co. Eng~~ "-" ...., LOCATION MAP N  County: 8t Lucie "C ~ c o ..... U) C .J::. o ..., Indrio Rd B Johnston Rd LEGEND - - - - - -. Transfer From County To State 09/05/00 State Highway System SECTION NO NAME LENGTH LOCATION , - Aico Rd 0.569 Miles From Approximately 0.569 Miles SE of Indrio Rd To Indrio Rd '-' '-' FDOT/ST. LUCIE COUNTY ROADWAY TRANSFER AGREEMENT Aico Road From Approximately 0.569 Miles Southeast ofIndrio Road To Indrio Road THIS AGREEMENT, made and entered into this day of , 2000 by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the "DEPARTMENT", and St. Lucie County, hereinafter called the COUNTY; WITNESSETH WHEREAS, the DEPARTMENT, has requested the transfer of Aico Road to the County Road System, and this transfer is mutually agreed upon, between the COUNTY and the DEPARTMENT and, NOW, THEREFORE, TIDS INDENTURE WITNESSETH: in consideration of the mutual covenants and promises herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the COUNTY and the DEPARTMENT agree as set forth below: This Agreement sets forth the tenus and conditions under which the COUNTY and the DEPARTMENT will abide. The commencement of jurisdictional and maintenance responsibilities is the date of the approval of the roadway transfer by the Secretary of the Department. (a) The COUNTY accepts all responsibility for the road right of way and for operations and maintenance of the roadways. In addition to the roadbed, this agreement includes all curbs, culverts, and c .rainage structures within the right of way at the time of transfer. (b) The DEPARTMENT gives up all right to the roadway, including the right of way, except as may be specified in this agreement. (c) It is agreed that all obligations of the DEPARTMENT, under any maintenance, utility or other such agreements, relating to any specific road to be transferred, shall be transferred at the same time and in the same manner as jurisdictional responsibility. (d) Once construction for FM Project No. 231976-1-52-01 reaches Final Acceptance the COUNTY agrees that Aico Road will revert to COUNTY jurisdiction and to accept all responsibility for operation and maintenance of the roadway. In addition to the roadbed, this agreement includes all curbs, culverts and drainage structures within the right-of-way at the time the roadway reverts to COUNTY jurisdiction. "'" ....,,¡ (e) Since Federal-Aid funding has been used on the roadway being transferred, the COUNTY shall enter into a project agreement with the DEPARTMENT in accordance with Topic Number 850-065-001, Inspection of Federal-Aid Projects under Local Jurisdiction (State Maintenance Office). (f) Existing deeds or right-of-way maps will be recorded, by the DEPARTMENT, in the public land records ofSt. Lucie County. Ifright-of-way maps do nöt exist, it is recommended that the DEP ARmENT make maps and file them for possible future use. All words used herein in the singular fonn shall extend to and include the plural. All words used in the plural fonn shall extend to and include the singular. All words used in any gender shall extend to and include all genders. This Agreement embodies the whole agreement of the parties. There are no promises, tenns, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communication, representation, or agreements, either verbal or written, between the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. For communication purposes, the parties may be reached at the following addresses and phone numbers. Florida Department of Transportation Gustavo Schmidt, P.E. District 4 Planning Office 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309 Telephone: (954)777-4601, SunCom 436-4601 Fax: (954) 777-4671, SunCom 436-4671 S1. Lucie County Donald Cole Property Acquisition Manager 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Telephone: (407) 462-1725 Each party is an independent contractor and is not an agent of the other party. Nothing contained in this Agreement shall be construed to create any fiduciary relationship between the parties, during or after the perfonnance of this Agreement. Neither party shall have the authority to bind the other party to any obligation whatsoever to any third party without the express specific written consent ofthe other. "'" ...., No modification, amendment, or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. If any part of the Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ST. LUCIE COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: John Bruhn, Chairman Board of County Commissioners Rick Chesser, P.E. District 4 Secretary APPROVED AS TO FORM APPROVED AS TO FORM County Attorney District 4 Legal Counsel ATTEST; (SEAL) Title of Notary ATTEST: (SEAL) Title of Notary '- ...., RESOLUTION NO. 01-56 A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY ROADWAY TRANSFER AGREEMENT; AICO ROAD (FROM APPROXIMATELY 0.569 MILES SOUTHEAST OF INDRlO ROAD TO INDRlO ROAD) BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS; AND AUTHORIZING THE CHAIRMAN OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT; AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. The Department and the County are desirous of transferring Aico Road (from approximately 0.569 miles Southeast of Indrio Road to Indrio Road) to the County Road System. 2. This Board should authorize and approve execution of the Roadway Transfer Agreement with the State of Florida Department of Transportation to transfer Aico Road (from approximately 0.569 miles Southeast of Indrio Road to Indrio Road) to the County Road System. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby authorize and approve execution of the Roadway Transfer Agreement with the State of Florida Department of Transportation to transfer Aico Road (from approximately 0.569 miles Southeast ofIndrio Road to Indrio Road) to the County Road System. 2. The Chainnan ofthe Board of County Commissioners and the Clerk are hereby authorized to execute the Roadway Transfer Agreement approved by this resolution; and further, the County Attorney is hereby authorized to execute the agreement by approving it as to fonn and correctness. '- ....., After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson xx Vice Chairman Doug Coward xx Commissioner Paula A. Lewis xx: Commissioner CIiffBames xx Commissioner John D. Bruhn xx: PASSED AND DULY ADOPTED this 6th day of February, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY \ ~ -- To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: ...... -' Agenda Request Item Number C-SD Date: Feb 6, 2001 Consent Regular Public Hearing Leg. [ ] [ x ] [ ] [ I Quasi-JD [ Board of County Commissioners Public Works Director Transfer of Copenhaver Road from the Florida Depart nt of Trans ortation to St. Lucie County, and acceptance for maintenance by St. lu e County. Attached is a copy of a right-of-way transfer agreement between SI. Lucie County and the Florida Department of Transportation. This agreement effects that portion of Copenhaver Road. which is now under State ownership along the south side of Orange Avenue at 1-95. This portion of Copenhaver Road was added to the State Highway System as a result of the construction of 1-95 in the late 1970's. The attached map indicates the specific location of the roadway section subject to this transfer agreement. The existing roadway to be transferred consists of 0.135 miles of paved roadway. Under the terms of the Agreement, the County accepts responsibility for the road right-of-way, operations and maintenance of the roadway. including curbs, drainage structures and roadbed. Recentiy, the County has received a proposal for the redevelopment of the approved commercial subdivision known as Jana Park. This redeveiopment plan proposes to relocate the portion of Copenhaver Road adjacent to Orange Avenue farter south into the planned development area. This relocated roadway would be a public road, built to County standards. However, in order to proceed with this planned relocation, the ownership of this portion of the Copenhaver Road must first be reassigned to the County. Once assigned, all transfers can be done as part of the replatting process for this area. Staff recommends conceptual approval of the attached Roadway Transfer Agreement and Resolution No. 01-0SSfor Copenhaver Road to be transferred from the Florida Department of Transportation to St. Lucie County for ownership and maintenance, and authorize the Chairman to execute the agreement. CONCURRENCE: COMMISSION ACTION: [X] APPROVED D DENIED D OTHER County Attorney Originating Dept.: Finance: ~'-. Douglas M. Anderson County Administrator >qy' X £.II) X Coordination! Signatures Mgt. & Budget: ~ CoEng: . x ff"t'\ x X (AGEND546) RevCoord: Road: '- -....; PUBLIC WORKS DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Ray Wazny, Public Works Director DATE: January 23. 2001 SUBJECT Transfer of Copenhaver Road from the Florida Department of Transportation to St. Lucie County, and acceptance for maintenance by St. Lucie County Attached is a copy of a right-of-way transfer agreement between St. Lucie County and the Florida Department of Transportation. This agreement effects that portion of Copenhaver Road, which is now under State ownership along the south side of Orange Avenue at 1-95. This portion of Copenhaver Road was added to the State Highway System as a result of the construction of 1-95 in the late 1970's. The attached map indicates the specific location of the roadway section subject to this transfer agreement. The existing roadway to be transferred consists of 0.135 miles of paved roadway. Under the terms of the Agreement, the County accepts responsibility for the road right-of- way, operations and maintenance of the roadway, including curbs, drainage structures and roadbed. Recently, the County has received a proposal for the redevelopment of the approved commercial subdivision known as Jana Park. This redevelopment plan proposes to relocate the portion of Copenhaver Road adjacent to Orange Avenue farter south into the planned development area. This relocated roadway would be a public road, built to County standards. However, in order to proceed with this planned relocation, the ownership of this portion of the Copenhaver Road must first be reassigned to the County. Once assigned, all transfers can be done as part of the replatting process for this area. Staff recommends conceptual approval of the attached Roadway Transfer Agreement and Resolution No. 01-0f5 for Copenhaver Road to be transferred from the Florida Department of Transportation to St. Lucie County for ownership and maintenance, and authorize the Chairman to execute the agreement. RWjm COPENHAVER1 (089) cc wIatt: County Administrator County Attomey County Engineer Road And Bridge Manager Property Acquisition Manger Community Development Director Planning Manager "" ...., <6 01 I <0 01 penhaver Road "Q) - ~-IQ . ~ CD ¡uQ. '< ::J C CD Road -------- ·)"'7 c_~ C) r~\ I ' , ; v ~- i i i ; ; i i (---~-~, I, ¡ ') I: ¡' ,J ' I,,,,-~,__-- e, 'Co "'" ~ LOCATION MAP N ¡\ County: St Lucie @ Picas Rd 09/06/00 "0 D:: UJ c: :s¡ c: Q) ..., ~ I UJ CI c: ~ eleware Ave ~ c: III E "t III I LEGEND _ _ _ _ - - - - Transfer from State To County State Highway System SECTION NO NAME LENGTH LOCATION N/A Copenhaver Rd 0.135 Miles From NB Copenhaver Rd then Easterly Approximately 0.135 Miles "'" '-' FDOT/ST. LUCIE COUNTY ROADWAY TRANSFER AGREEMENT Copenhaver Road From NB Copenhaver Road Easterly Approximately 0.135 Miles THIS AGREEMENT, made and entered into this day of ,2000 by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the "DEPARTMENT", and St. Lucie County, hereinafter called the COUNTY; WITNESSETH WHEREAS, the COUNTY, has requested the transfer of Copenhaver Road to the County Road System, and this transfer is mutually agreed upon, between the COUNTY and the DEPARTMENT and, NOW, THEREFORE, THIS INDENTURE WITNESSETH: in consideration of the mutual covenants and promises herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the COUNTY and the DEPARTMENT agree as set forth below: This Agreement sets forth the terms and conditions under which the COUNTY and the DEPARTMENT will abide. The commencement of jurisdictional and maintenance responsibilities is the date of the approval of the roadway transfer by the Secretary of the Department. (a) The COUNTY accepts all responsibility for the road right of way and for operations and maintenance of the roadway. In addition to the roadbed, this agreement includes all curbs, culverts, and drainage structures within the right of way at the time of transfer. (b) The DEPARTMENT gives up all right to the roadway, including the right of way, except as may be specified in this agreement. (c) It is agreed that all obligations of the DEPARTMENT, under any maintenance, utility or other such agreements, relating to any specific road to be transferred, shall be transferred at the same time and in the same manner as jurisdictional responsibility. (d) Since Federal-Aid funding has been used on the roadway being transferred, the COUNTY agrees to enter into a project agreement with the DEPARTMENT in accordance with Topic Number 850-065-001, Inspection of Federal-Aid Projects under Local Jurisdiction (State Maintenance Office). (e) Existing deeds or right-of-way maps will be recorded, by the DEPARTMENT, in the public land records ofSt. Lucie County. Ifright-of-way maps do not exist, it is recommended that the DEPARTMENT make maps and file them for possible future use. ""' ...., All words used herein in the singular fonn shall extend to and include the plural. All words used in the plural fonn shall extend to and include the singular. All words used in any gender shall extend to and include all genders. This Agreement embodies the whole agreement of the parties. There are no promises, tenns, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communication, representation, or agreements, either verbal or written, between the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. For communication purposes, the parties may be reached at the following addresses and phone numbers. Florida Department of Transportation Gustavo Schmidt, P.E. District 4 Planning Office 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309 Telephone: (954)777-4601, SunCom 436-4601 Fax: (954) 777-4671, SunCom 436-4671 St. Lucie County Donald Cole Property Acquisition Manager 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Telephone: (407) 462-1725 Each party is an independent contractor and is not an agent of the other party. Nothing contained in this Agreement shall be construed to create any fiduciary relationship between the parties, during or after the perfonnance of this Agreement. Neither party shall have the authority to bind the other party to any obligation whatsoever to any third party without the express specific written consent of the other. No modification, amendment, or alteration in the tenns of conditions contained herein shall be effective. unless contained in a written document executed with the same fonnaIity and of equal dignity herewith. If any part ·of the Agreement shall be detennined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such detennination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of the Agreement. """ ...", IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ST. LUCIE COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORT AnON BY: BY: John Bruhn Chainnan Board of County Commissioners Rick Chesser, P.E. District 4 Secretary APPROVED AS TO FORM APPROVED AS TO FORM County Attorney District 4 Legal Counsel ATTEST: (SEAL) ATTEST: (SEAL) Title of Notary Title of Notary '-' 'oJ RESOLUTION NO. 01-55 A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY ROADWAY TRANSFER AGREEMENT; COPENHAVER ROAD (FROM NB COPENHAVER ROAD EASTERLY APPROXIMATELY 0.135 MILES) BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS; AND AUTHORIZING THE CHAIRMAN OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT; AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. The Department and the County are desirous of transferring Copenhaver Road (from NB Copenhaver Road Easterly approximately 0.135 miles) to the County Road System. 2. This Board should authorize and approve execution ofthe Roadway Transfer Agreement with the State of Florida Department of Transportation to transfer Copenhaver Road (from NB Coopenhaver Road Easterly approximately 0.135 miles) to the County Road System. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby authorize and approve execution of the Roadway Transfer Agreement with the State of Florida Department of Transportation to transfer Copenhaver Road (from NB Copenhaver Road Easterly approximately 0.135 miles) to the County Road System. 2. The Chairman ofthe Board of County Commissioners and the Clerk are hereby authorized to execute the Roadway Transfer Agreement approved by this resolution; and further, the County Attorney is hereby authorized to execute the agreement by approving it as to form and correctness. '-" 'WtI After motion and second the vote on this resolution was as follows: Chainnan Frannie Hutchinson xx Vice Chainnan Doug Coward xx Commissioner Paula A. Lewis xx Commissioner Cliff Bames xx Commissioner John D. Bruhn xx PASSED AND DULY ADOPTED this 6th day of February, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY y AGENDA REQUEST ...., ITEM NO. C- 5E DATE: February 6,2001 REGULAR [ I PUBLIC HEARING [ I CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 Donald B. We t, P.E. County Engineer SUBJECT: Request for a Public Hearing on Howard Baggett Mining Permit Application BACKGROUND: The Howard Baggett mine is located in north-central St. Lucie County (S21T25S/R39E) just southwest of 1-95, north of Access Road, west of Rock Road and east of NSLRWCD C-41 Canal. This 24.6 acre parcel has been mined since the original permit approval by the Board on December 7, 1976. The most recent permit was issued on January 10, 1995 and expired on January 10, 2001. The permittee, Howard Baggett, is requesting a six year extension. FUNDS AVAIL.: N/A. PREVIOUS ACTION: December 7, 1976: Original mining permit approved by the Board for four years February 6, 1979: Permit issued for four years February 14, 1983: Permit issued for two years September 9, 1986: Permit issued for four years November 27,1990: Permit issued for six years January 10, 1995: Permit issued for six years January 10, 2001: Permit expired RECOMMENDATION: Staff recommends the Board approval for a public hearing date of March 6, 2001 to consider the application of Howard Baggett for a mining permit. COMMISSION ACTION: CONCURRENCE: [xl APPROVED [ ] OTHER: [ I DENIED ~~ Douglas Anderson County Administrator [x¡County Attorney [x]Originating Dept. Public Works V jJ;- CoordinationlSianatures / ( ]Mgt. & Budget [XJCo.Eng~ [ ]Finance Dept. [¡Budget/Revenue Coord. f' I I I I I I ) "- .J ., INDIAN RIVER ----ŠfLUCIËCÕUN P"ROJECT LOCA TION ..., ..., , N CANAL C-25 II ORANGE AVE :¡:: ~ '" <:? ..., :Þ ;¡; '" y-' '" ~ :Þ '" r ..., ..., :Þ , Z ~ N :Þ ... r '" .L '" ~ ST. LUCIE COUNTY ---M'ARi'ÏÑëÕü~--- __>ß I J<n ~II~ Ie: o C) ~II~ nO o e: ŽII~ --<-< -< I I I I I I I I L_____ ~~~~Œ11 ~TI~TI~~ ~TI1œ , \. .....,., AGENDA REQUEST """ ITEM NO. C-5F DATE: February 6, 2001 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 REGULAR I I PUBLIC HEARING [ I CONSENT [xl PRESENTED BY: SUBJECT: Indian River Lagoon Trace Pathway along State Road A 1A BACKGROUND: In August, 2000, bids were received for the construction of Phase I of Indian River Lagoon Trace Pathway. The lowest bid received was double the budgeted amount of $600,000. In order to have a more competitive bidding process, we have decided to separate Phase I Into three sections. In order to make this feasible, additional services from the consultant, Glattings Jackson, is needed to revise the construction plans and bid specifications. Attached is Work Authorization NO.5 to the original contract in the amount not to exceed $5,000. FUNDS AVAIL.: Impact Fees-Engineering 101006-4116-563005-4904 PREVIOUS ACTION: September, 1998 - Board granted conceptual approval to plans for development of pathway. April 20, 1999 - Board approved work authorization with consultant, Glatting Jackson, for design and permitting In the amount of $149,000. October 12,1999 - Board approved Change Order NO.1 to contract for environmental requirements. December 2, 1999 - Board approved Change Order NO.2 for additional services to obtain permits. July 18, 2000 _ Board granted permission to advertise and approved the construction budgat of $700,000. RECOMMENDATION: Engineering staff recommends Board approval of Work Authorization No.5 to the contract C98-01-216 with Glatting Jackson in the amount not to exceed $5,000 for design services for the Indian River Lagoon Trace Pathway. COMMISSION ACTION: CONCURRENCE: ~I APPROVED [ I OTHER: [ I DENIED ~~ Douglas Anderson County Administrator (xJCounty Attorney J;r fW CoordlnatlonlSlanat.... [x¡Mgt. & BAJd9r;øtIJ 1fl1lf~ [x Co. Ena ~~. (' [xlOriginsting Dept. Public Works IRLTrsce.ag [x Reo.Coord [ IOther f*lY\ '- ....., WORK AUTHORIZATION NO.5 Engineering Services Related to Landscape Architect and Planning Services C-98-01-216 for Indian River Lagoon Trace Pathway Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreemenf') between St. Lucie County (the "County") and Glattings Jackson Kerchner Anglin Lopez Rinehart, Inc.(the "Engineer") dated November 4, 1997, the Engineer agrees to provide the services in accordance with the Additional Services Agreement. 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: Glattings Jackson Kerchner Anglin Lopez Rinehart, Inc. Date: [C WilliamJ.AngJin,Jr. David L lli.rth Jay H. Exurn Jack EGu.tting Carey S. Hayo Jay R. Hood Timothy T.Jackson William C. Kercher,}r. WaLter M. Kulash Sharon K. Lamantia S. Raymolld ÙJpez John H. Percy John F. Rinehart Gregory A. Bryla David R. Claus Charles P. Cobble Michael R. Cochran JeffreyS. Collins Richard E. DUIr.jr. BruceC. Hall David M. Kutner Frank A. Jaskiewiçz Gajl D. beey WiUiamD.Lites Edward). McKinney Thomas]. McMacken,Jr. Douglas A. Metzger John J. Moore III Timothy R. Palermo Troy P. Russ Jodi L. Rutmann KelleyJ.Samuels Peter C.Sechler Nathan P. Silva Laura K. Turner Ronald L Urbaniak G. Wade Walker Gary E. Warner Community Planning 33 East Pine Street Orlando, Florida 32801 P: 407 843 6552 F: 407 839 1789 www.glaning.com License # EB 0005812 LC C000049 Orlanda . UbI Adm lkIIcIt GLATTING JACKSON KERCHER ANGLIN ...., ío)ŒŒŒDWŒrñY wi ~1!æJ ]~ ENGINEERING '-' LOPEZ RINEHART ADDITIONAL SERVICES AGREEMENT January 10, 2001 Mr. Michael Harvey, Engineering Intern St. Lucie County Engineering 2300 Virginia A venue 2nd Floor Fort Pierce. Florida 34982-5652 Re: St Lucie County/Indian River Lagoon Trace Additional Services for Phase I Bid Packages GJ Project 11777.6 Dear Michael: We have developed our fee proposal to provide additional professional services, based on our meeting of December 21, 2000, for the above referenced project. It is our understanding that Phasc I of the project will be separated into three (3) different bidding sets (lA, IB, and IC). This service is offered in accordance with our Scope of Services Agreement of June 8, 1999. Additional services shall be as follows: . Construction plan sets for bidding for each of the corresponding three (3) sections (lA, IB and IC). TIle design fees for these proposed additional services will be billed hourly at our agreed contract hourly rate with our labor costs not to exceed five thousand dollars ($5,000.00), plus direct expenses. Direct expenses shall be billed as further detailed in the Continning Service Agreement of June 8, 1999. If this request for Additional Services meets with your approval, please provide us with a Task Anthorization to proceed. We look forward to working with you on this project. . . '·[á'l.ØL If< 1'- , Ga - mer, ASLA, AICP Prdject Manager Attachment Glalting Jackson Kercher Anglin Lopez Rinehart, Inc. Page lof2 · , . [C WiUiamJ.t\oglin.Jr V."idLl».rlh Jay H. E:tuR' J~,t. F.vl¡ninl!i J>~ P... H""J T,(nOfh,TJ¡(lton. \tIilli2¡t' C l(~r(I\<·r.Jr W,hu M. ¡(ubi" SlurnnK.t.ma,uia S.lYymo",j LI)\)c:t J~"F:R.inchlou Gr~&( ry ^ ery'. Çhade. P(;oM:.I( Midu...! It. C,I.l'I.nl! JCITrçy\,ç..mnl ^rH""ny C.C..,,;, Rit-h"rd LO..rr.Jr 8h.I,cC.IÜrl Cuey S. H~ro GailD l:J.o;t"f WilJ¡¡m D. L"q E..J.....)ld},M~Kin""y ThMmJ. M,Mad.cII.Jr ]o"nJ.-"1oOffllr )ol\n I-tPn.:y Trny P R...n )ulw^oJ¿¡rtJS"'Oli<:ld Ptl"IC S<,chJe, N.lh¡n P.S¡Iv~ l-.I..n K,TurRt'( P..1nald'_V·b)t>ill.: G W~,Jf W~ k;"r C"I!t"'~";f, 111......;"1 )) E.llf Pi"t SUcci t'Þrt..u.f",Fluri..b )11 1'1 p JN~.lJ o'55~ F: Jt'7 ~J'" 1711'1 ,~....w.,\)f('tI,.,·",O'I L"..",.. J fB ,'I\','5<'11~ LC CVl.'l'....'1 (\..1....1,. .14:.... p,, .. ...~....~ ............., ,......v .................\.-'UI~ t-'AlJI:.. I1L GLATTING '''-'''.......-.' I^CKSON KERCHER ANGLIN ~ ! :-;;ì W. ~ L--_ . ;".1 1!"1. p. ~ ," ~ !.. -- JUN 9 '-.' "-'- ;. LOPEZ RINEHART ....--.---... c;: Revised June 8, 1999 Revised November 11, 1998 September 25, 1998 Letter of Agreement Mr. Dennis J. Murphy St. Lucie County Community Development 2300 Virginia Avenue Fort Pierce, FL 34982-5652 t Re: SI. Lucie CountylIndian River Lagoon Bikeway GJ Project 1111777.00 Dear Don: Enclosed is our revised proposal for the Indian River Lagoon Bikeway under our continuing Agreement for Landscape Architect and Planning Services dated November 4, 1997. Revisions were made based on our Kick-off Meeting of May 20, 1999 as well as subsequent discussions with Dennis Murphy. As per our previous letter to you, our team will include Glatting Jackson, who will serve as the Project Manager and Landscape Architect and Williams Hatfield & Stoner, who will perfonn as the Civil Engineer and Surveyor. Scope of Services PART I. CONCEPTUAL MASTER PLANIPRELIMINARY DESIGN (GJ) Provide master planning services to develop and illustrate an overall vision for the project, and to build consensus before developing detailed design and Construction docwnents. 1.1 Conduct a one 0) day workshop with the St. Lucie County staff to tour the corridor and to discuss development objectives, issues, opportunities, constraints and alternatives. [C --... ,_..... ...., ,.....,-............ ............... .......J ~ .~ @ Prepare an II x 17 draft Illustrative Master Plan that includes: · the trail alignment (based on your existing GIS maps) · text describing the trail design concept · photographs of existing conditions · up to four (4) sketches and sections illustrating proposed design concepts · a vicinity map showing the trail as it relates to the County-Wide Bikeway Plan The Illustrative Master Plan wilJ be designed in a vector-1;¡and application (such as illustrated) so that you can print at different stales (II x 17 handouts, 30 x 42 posters, etc.) We wiiJ discuss the appropriate computer fonnat with you before We proceed, and provide you with a diskette of the final plan. 1.3 Submit the draft plan to you for review, and meet with you One (1) time to discuss any required revisions. I A Present the plan to the County Conunission and/or other groups (up to 2 presentations) to receive public comment, if desired. 1.5 Prepare a final color 30 X 42 l1lustrative Master Plan and submit it to you for final approval. . one (I) color 11 x 17 copy · one (1) color 30 x 42 mounted board PART II SCOPE DETERMINATION ON POTENTIALLY SIGNIFICANT ISSUES (WHS) Provide consuJting services to detennine the extent and cost of project impacts due to Florida Department of Transportation (FOOT), South Florida Water Management Disuict (SFWMD), and the Florida Department of Environmental Protection (FDEP) permitting requirements for the proposed 8 foot wide sidewalk, approximately II miles in length, along the east side of A I A on Hutchinson Island between the south side of Ocean Village (Ft. Pierce City Jimits) and the beginning of the 5 foot wide sidewalk at Ocean Towers condominium. [C "'-"' -..""",¡ . G FDOT Requirements: \.61 Stonnwater Management: Consultant shall meet on site with and confmn the extent of stonnwater quality treatment, stonnwater runoff attenuation, and the methodology of accomplishing these tasks as negotiated with FDOT. 1.62.1 Soil Tests: Consultant shaU conduct hand auger tests to 6 feet in depth at various strategic locations (not to exceed a total of 20 tests). Conduct Falling or Constant Head Percolation Tests at 10 strategic locations. L 1.63 Consultant shall meet with the FOOT to discuss the possibility of non- structural means of providing a safe bike travel lane across the two bridges at !be FPL Power Plant and the three box culvertlbridge crossings north of the power plant. The estiInated cost for !be engineering and the construction of the structural or non-strucrural solution(s); whichever is chosen wiU be included in the cost estimate in Task 4. \.64 As part of this scope, it is assumed !bat a non-structural means for bridge crossing wil[ be acceptable. Examples of non-structural applications may indude a dedicated striped or barricaded portion of the east section of the bridge. An example of structural means is the application of a cantilevered and fenced pIalform attached to !be east edge of !be bridge. If a structural solution is required by the FOOT, the scope and fee for Ibis item wiU need to be negotiated. @ SFWMD Requirements: Stonnwater Management: Consultant shall hold a pre-application and on-site meeting with SFWMD to confinn !be extent of stonnwater quality treatment, stonnwater runoff attenuation, and the methodology of accomplishing !bese tasks as negotiated with SFWMD. [C ............... ,....,...... u..........''-.JUI'I r'~U!:... Ö:) """-' ...., 1.8 FDEP Requinroents: Q Wetland Impact Avoidance: Consultant shall hold a pre-application and on,site meeting with FDEP to discuss means of avoiding wetland impacts. A wetland delineation survey is not anticipated for this task since the wetlands are on typicaUy on the edge of road FJW. Cost Benefit Analysis and Considention of Project alternatives as a Result of the Conclusions Reached in PART I of the Scope: 1.9.1 Consultant shaU provide the County with a cost estimate fa!- the construction costs for impacts to the project as a result of FOOT bridge/culvert requirements. FOOT and SFWMD water management requirements, and FDEP wetland determination. 1.9.2 The Consultant and County shall work together to consider various alternatives, depending upon the PART I impact to the project as proposed. PART II of this Scope of Services may need to be modified to reflect the chosen alternative. Assuroptions: · Wetland Delineation Survey is not expected to be required since most of the wetlands are on or beyond the edge of road right-of-way. Also, the proposed construction should avoid these areas. · The cost for Structural Analysis for modifications to the bridge/culvert crossings is subject to the alternative{s) chosen. An engineering and constrUction cost estimate wiU be provided at the completion of Part I and once the alternative(s) methods of bridge/culvert crossings are determined. · As pan of this scope, it is asswned that a non-strUctural means for bridge crossing will be acceptable. Examples of non- structural applications may include a dedicated striped or barricaded portion of the east section of the bridge. . . . [C ---~ ,,-,-, ................, , ...,..... .............. ~.....'-" . HUL UO '-'-... . ~ An example of structural means is the application of a cantilevered and fenced platfonn attached to the east edge of the bridge. If a structural solution is required by the FDOT, the scope and fee for this item will need to be negotiated. PART III SURVEYING, DESIGN, PERMITTING, PUBLIC INVOLVEMENT, AND CONSTRUCTION SERVICES (WHS) Provide surveying, design, petmitting, 3 - phase construction plan, cost estimate and construction services for the 8 foot wide sidewalk described in PART I .. 1.10 Data Collection: 1.1 0.1 Topographic Survey: · Four (4) spot elevations every 250 feet (IE: Approx. edge of RfW, 8 feet west of edge ofRfW, edge of pavement, and high point in road). · Spot elevations at all grade breaks. · Provide continuous stationing every 100 feet. · All above ground improvements within the RfW east of the east edge of pavement. · Location of force main throughout east side of RfW based upon as-built infonnation. · Location of entrances and signage for County and FPL parks and Mosquito Lagoons on both sides of A IA. · Location, cross section dimensions, guard rail and striping for each of the bridges. · Establish benchmarks every 2000 feet +. Determination of 100-year flood plain as provided by the Flood Insurance Rate Maps (FIRM). . I. I 0.2 Bridge Crossings: Consultant shall provide design of non-structural (striping) bridge/culvert crossings where stipulated by the FDOT as a part of PART I of this Scope ofServíces. If, as a result of PART I of this Scope of Services, a non-structural solution for a bridge crossing is not practical. then Consultant shall coordinate with FOOT and FPL to obtain dimensions and structural capacity of bridges in regards to the potential installation of an 8-foot wide bike and pedestrian platform · . [C .. . -- .-~ .~-' ____...... ....,~.... w........h....UI~ l~l;It... t:}( '-'---- '-' which is standardized and FDOT accepted. The estimated design and construction costs for this item are subject to the conclusions reached in PART I of this Scope ofSe!Vices. 1.11 Construction Documents (Three (3) Phases): 1.11.1 Partial and Final SubIIÚnals' Consultant shall provide conceptual, 70% and 100% plans and detaiJs to County for review and comment. Profile views will not be provided. 1.11.2 Sections and Details, Consultant shall provide typical sections, ~tails and stationing inte!Vals for a typical set of parameters such as existing ground elevations above or below a particular height (IE: 100 year flood plain), existing ground elevations above or below the edge of pavement, entrances to parks, exfiJtration trench location (if any), culverts under the sidewalk. 1.11.3 Consultant shaH provide site specific sections, details and statiolÚng for locations which are not considered "Typical". An example of this would be the areas of steep incline previous to and following the FPL bridge crossings. A sidewalk detaiJ with a retaining walJ may be required at these locations. Q Permitting: 1.12.1 Consultant shall provide permit application and drawings (at time of 70% County review) to FDOT for review and comment. 1.12.2 Consultant shalJ provide response to one (1) "Request for Additiona! Information" (RFAl) from FDOT. 1.12.3 SFWMD, Consultant shall provide permit application and drawings (at 70% County review) to FDOT for review and comment. 1.12.4 Consultant shaIl provide response to one (I) RFAI. [C .~, "'..........,......... VO-..... . ......... .................-.J'UI. r....uc.. uo """'--' . ..., 1.13 Workshops I Public Information Meetings: Workshops I Public Infonnation Meetings: Consultant shall participate in one (1) County Commi.ssion meeting and one (I) public participation workshop. 1.14 Bidding and Construction Services: Consultant shall create bid and technical specifications, attend a pre-bid meeting, attend Partnering/pre-construction meeting with FDOT and Contractor, Evaluate bids and make recommendation for award, visit work site a maximum of ten (10) times, provide shop drawing review, assik in evaluation of contractor pay requests and make recommendation for payment. Assumptions: . Survey will not be "tied" to section comers. An arbitrary baseline and survey beginning location will be established. COMPENSATION We propose to complete: these: tasks for a lump sum fee of one hundre:d forty-nine thousand, ($149,000) dollars including direct expenses, as shown on the attached fee schedule(s). AUTHORIZATION If the Scope and Compensation outlined above meet with your approval, please provide us with a Work Authorization to proceed with the work. [C -~.., . _..~ ~. .-. .~~.. . n,-",- ......... "'--- ....." SCHEDULE We will proceed with the work upon receipt of your Work Authorization. and will coordinate our work schedule to meet your specific needs. Please Jet me know if you have any questions. We appreciate the opportunity to provide these services to you and look forward to getting underway. S"=I" ~ Gft;~ a. GEWlkeh Enclosure cc: Steve Harty Initjo.ls ~ßJ ..l't..Kf.¡ .~ ~ ---TfiJ Initials c. § l J ~""_i A::Ii i , i ~.;;:!j ~ sEli' j,,! i "I & . -' ...' .~;t~ - ~~ ' ~Q · ...~l í .(1 ~ I~!" E~~'; i ~ ~.~ at ~. ~~ n¡!~ Ir .nPi ~ p .ii tJl _;=1!J ~~ ¡ ~~. ~ ~~.~ ~.i.!~ ~~ii~¡:Æ}a~IIIIJ liIQI~~ J!;~~i :ðl~il:§j;;I~~;~:S~5iil~ i~lilu~ .~~. .,~.~. . .. ... > . Ü " <'I d ! P l~ · 1< i I·· ¡ i !' _'_' .<'1.5. . .¡.! "_ .:~_ ~~. l :,11 . "..--.;;:~ :;¡¡¡":~"- ..- - - -. - '!""'''-"'- "U ~ , . ~ '..., tJN- 01 2/6 . wfl fJ ,..¡ 1117ì ~ WORK AUTHORIZATION Planning Services Indian River Lagoon Bikeway Pursuant to that certain Agreement Between County For Landscape Archi tect & Planning Services (the "Agreement") betw'een St. Lucie County (the "County") and Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. (the "Landscape Architect") dated November 4, 1997, Landscape Architect hereby agrees to provide professional services as set forth in the November 19, 1998 Letter of Agreement attached hereto and made a part hereof as Exhibit "A". The Landscape Architect shall be compensated a lump of one hundred forty nine thousand and no/lOO dollars ($149,000.00) for the successful complet¡on of the tasks described in Exhibit "A". All work performed under this Work Authorization will be completed as described in the Schedule attached hereto and made a part hereof as Exhibit "B". IN WITNESS WHEREOF, the County and the this Work Authorization, effective o t1AA ';.. , 1999. , Engineer have this ~M a. executed day of TTEST: Deputy Cler C!\JWL\AGR££\GLATTING_£TAL-WA_WPD ST. LUCIE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIO:ŒRS By: 4< t )¡;f )j-t/Ü] Chal.rma. FORM AND By: (/) .J/f!~ Print Title: PI(~51f>ENT I -......... ~ "-" """ ITEM NO. C-5G DATE: February 6. 2001 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) TO: BOARD OF COUNTY COMMISSIONERS PRES~. Leo J. Cordeiro Solid Waste Manager SUBMITTED BY (DEPT): Public Works DeDt./Solid Waste Division SUBJECT: Staff requests the Board of County Commissioners' authorize Staff to issue a Request for Proposals for the most beneficial use of landfill gas at the Glades Road Landfill. BACKGROUND: Please see attached FUNDS AVAILABLE: NIA PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends the Board of County Commissioners authorize Staff to issue a Request for Proposals for the most beneficial use of landfill gas at the Glades Road Landfill. COMMISSION ACTION: CONCURRENCE: ~'- Douglas Anderson County Administrator Œ APPROVED 0 DENIED Only to grant permission to advertise. :J OTHER: Review and ADDrovals fount!¡ Attorney: ~ 0 Management and Budget: ~riginating Dept: (Pub. Wks.1 .il:Lv~ther: (Landfill) o Finance: Check for copy only, if applicable: )6iPurchaSing~ o Other: Anyone with a disability requiring accommodations to attend this meeting should contact the SI. Lucie County Community Services Manager at 561-462-1777 or TTO 561-462-1428, at least 48 hours (48) prior to the meeting. '-' ..., PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM ... ... ,. .', .......- ..... ......,......, TO: FROM: Board of County Commissioners Leo J. Cordeiro, Solid Waste Manager e February 6, 2001 DATE: RE: Sale of Methane Gas BACKGROUND: The Glades Road Landfill generates approximately 400 cubic feet of methane gas per minute. Currently, the gas is flared off to comply with the EPA Title V permit. Solid Waste staff and consulting engineers have completed a landfill gas alternative use analysis report. The summary of the report is that the best utilization of the landfill gas would be using it as boiler fuel. Staff requests that the Board of County Commissioners authorize staff to issue a Request For Proposals for the most beneficial use for the landfill gas, addressing the following: · The proposal will provide the County with pricing arrangements for its landfill gas, presently being produced at the County Landfill. · The proposal may address the temporary use of some of the property within the landfill for its activity. In this case, the Proposer will provide a detailed description.of the area to be used. · The Proposer will provide a breakdown of the total economic impact of the Proposal to the County; specifically addressing the following: a. Estimated revenue of the sale of landfill gas b. Payment to the County for the use of the land, if any c. Reduction in present operating expenses of the landfill, if any d. Required County funding for improvements under the Proposal, if any e. Number of full-time/part-time jobs created within the County · The Proposer will provide the length or term of the proposal, and the estimated time frame for implementation ofthe Proposal. The Proposer will also define the mechanism for reimbursement of any expense incurred by the County in the event the Proposer fails to perform. RECOMMENDA TION: Staff recommends the Board of County Commissioners authorize Staff to issue a Request for Proposals for the most beneficial use of landfill gas at the Glades Road Landfill. "" ,.,/,.,'" I I I II II ¡~ ¡; ~ i: ¡; ~: .; , !::I ! ~: u -c ~«> ~ U· -... t! ~ : I ~ I I II II I I II ! II I I I.... Z N ~ \21 I \ oJ ~ I~I I ~ u I I II I II I I II I II "- " I "- II ~ ';: ';: II , ~ i ...... I ...... " ~ " I ...... ...... ------ ...... '-'( Reauest For ProDosals St. Lucie County is seeking responses relating to the utilization of the County's landfill gas, and to create jobs, benefit the environment, and create economic benefit to the County. Responses will be accepted from qualified firms that propose a contractual relationship with the County achieving the above objectives. Proposals will address the following: · Pricing arrangements for its landfill gas, presently being produced at the County Landfill. This gas will be provided by the County at the present collection facility; the Proposer will outline plans to pipe the gas to its intended point of use, and what portion of this cost, if any, will be the responsibility of the County. · The proposal may address the temporary use of some of the property within the landfill for its activity. In this case, the Proposer will provide a detailed description of the area to be used, including the area in square feet and the location ofthe proposed site on an aerial photograph of the landfill. (Temporary land use is limited to the western portion of phase IV. See attached land description.) · Provide a breakdown of the economic impact of the Proposal to the County; specifically addressing the following: a. Estimated revenue of the sale of landfill gas b. Payment to the County for the use of the land, if any c. Reduction in present operating expenses of the landfill, if any d. Required County funding for improvements under the Proposal, if any e. Number of full-time/part-time jobs created within the County · Length or term of the proposal, and the estimated time frame for implementation of the Proposal. The Proposer will also define the mechanism for reimbursement of any expense incurred by the County in the event the Proposer fails to perform. February 6, 2001 J-_ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: '-' '-' Agenda Request Item Number Date: ('SH Feb 6, 2001 Consent Regular Public Hearing Leg. [ ] [ x ] [ ] [ ] Quasi-JD [ Board of County Commissioners Public Works Director Presented By Request to approve Equipment Authorizations E 01-221 a EQ-01-230 authorizing the acquisition of additional hardware and s tware asso iated with the automated imaging project to be undertaken by the Building & Inspection Division of the Department of Public Works. As the Board is aware, the Building & Inspection Division of the Department of Public Works is involved in the development of an automated imaging project that is designed to expedite permit processing and improve data storage and retrieval. As part of this process we will be scanning all documents that the Division receives into a digital image format as soon as the County receives them. We have already acquired the necessary scanning software and we have received quotes from Information Technology for the necessary user licenses for retrieving this data. The costs for these licenses are based on the number of concurrent users expected to be on the system at anyone time and represent a substantial reduction in price due to other purchases the County has made through the supplier. Attached are copies of Equipment Requests EQ-01-1:z'l and EQ-01-230 and Budget Amendment 01-124, that would provide for the acquisition of additional hardware and software associated with this project. Funding for this additional equipment will be through the Building Code Fund (Fund 491). Staff recommends approval of Equipment Requests EQ-01 ;1.2-'1 and EQ-01-230 and Budget Amendment 01-124. COMMISSION ACTION: Q[J APPROVED D DENIED D OTHER CONCURRENCE: ~<-. County Attorney Originating Dept.: Finance: Douglas M. Anderson County Administrator Coordination/ Signatures Mgt. & Budget: Other: (AGEND548) Purchasing: Other: ., "'" ..." Commission Review: February 6, 2001 PUBLIC WORKS DEPARTMENT Building & Inspections MEMORANDUM TO: FROM: County Commission Ray Wazny, Public Works Director DATE: January 31, 2001 Request to approve Equipment Authorizations EQ-01-299 and EQ-01-230 authorizing the acquisition of additional hardware and software associated with the automated imaging project to be undertaken by the Building & Inspection Division of the Department of Public Works SUBJECT As the Board is aware, the Building & Inspection Division of the Department of Public Works is involved in the development of an automated imaging project that is designed to expedite permit processing and improve data storage and retrieval. As part of this process we will be scanning all documents that the Division receives into a digital image format as soon as the County receives them. We have already acquired the necessary scanning software and we have received quotes from Information Technology for the necessary user licenses for retrieving this data. The costs for these licenses are based on the number of concurrent users expected to be on the system at anyone time and represent a substantial reduction in price due to other purchases the County has made through the supplier. Attached are copies of equipment requests EQ-01-299 and EQ-01-230 and Budget Amendment 01-124, that would provide for the acquisition of additional hardware and software associated with this project. Funding for this additional equipment will be through the Building Code Fund (Fund 491) If you have any questions, piease let me know. SUBMITTED P RWI BUILDlNSP1 (a89) cc: Management & Budget Director St. Lucie County Document Management Systems .... ~ Building and Zoning Revised requested quote for the following Items from R&S Integrated Products & Services, Inc.: 01/02/01 Q1Y 2 - Fujitsu 4097 Scanner (DG) $5595 RS2940 Adaptec 2940 SCSI Cord $299 RSSCSICBL SCSI Cable $50 RSKOFDRV KOFAX drivers 8299 Total cost above Items $6243 x 2 - 812,468 $12,468.00 50 user NT Enterprise $50.195 50 User NT Enterprise LSAP $13,490 828.190.00 Total for users & support 863,685 Less 100% credit of $35,495 If purchased by 01/28/01 equals $28,190 UNote: If purchased at a later date a 6œb credit (Instead of a 100% credit) will be applied." Enterprise Retrieval Pack upgrade from 25 -50 50 user Enterprise Retrelval Pack $8383 LSAP 50 user Enterprise Retrelval Pack $2507 Previous Purchase cost $5587 receive 60% credit = $3352.20 $ 7,537.80 Total for Enterprise Retreivai Pack upgrade $10.890 Less credit (-$3352.20) = $7537.80 Pu bllsher cost (per station) LF Publisher w /Execu~ve $4655 LF Publisher LSAP $2227 Cost for Publisher with support/upgrades - 86882 $ 6.882.00 Deanna Porter R&S Integrated Products & Services, Inc. Total far Licenses/Hardware and Annual Support TOTAL FOR QUOTE $55,077.80 R&S Integrated Document Imaging and Information Management Systems '-' BUDGET AMENDMENT REQUEST ~M REQUESTING DEPARTMENT: PUBLIC WORKS 1 BUILDING & ZONING PREPARED DATE: 01/31/01 AGENDA DATE: 02/06/01 ACCOUNT NUI'¡tf3ER 'Å~eOUNT NAME « AMOUNT TO: 491-2415-568000-200 SOFTWARE $43,000 491-2415-564000-200 MACHINERY & EQUIPMENT $12,500 FROM: 491-9910-599300-800 RESERVES . $55.500 REASON FOR BUDGET AMENOMENT: The transfer of $55,500 from Reserves 1491-9910-599300-800\ to CaDital Software (491-2415-568000-200) and Machinerv & EquiDment (491-2415-564000-200\ is for the nurnose of acouirino the requested buildinq & insDection software 1 hardware under EQ01-229 and EQ01-230< CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A 7! 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G) ~ ~ ::0 ~ 6j () ::j o <: > :g ;% o < m c c <: ¡¡; õ Z ~ ñ\ ñ\ ::¡;: en en c m "CJ > ;% -i ¡;: m Z ::I ;% m (") o ¡;: ¡;: m Z c m !;' CII -i mi- Dc: SO "tI- ;s:m mO zO -iC: >;:tI~ C)m-( mDIJ zC:o Om> >-i;:tl 0"T10 >00 -i;:tl"T1 !'!1"T10 oCiio NOC: ->z :S:r-i Õ-(-( ~mo >0 ;:tI;s: ~~ OCII OCII N- 00 oZ ~m ;:tI CII '-" AGENDA REOUEST 'TTEM NO, C-6 DATE: February 6, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Commissioner I County Administrator Travel BACKGROUND: N/A FUNDS WILL BE AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant authorization for in or out-of-state travel for the County Administrator and any member of the Board during the FY 00-01 fiscal year. COMMISSION ACTION: CONCURRENCE: IX] APPROVED [ ] DENIED [ ] OTHER: ~ '--, Douglas Anderson County Administrator Review and ADDrovals County Attorney: Management & Budget Purchasing: Originating Dept. Other: other: Finance: (Check for Copy only, if applicable) Eff. 5/96 \.,- . . '-' ,...., AGENDA REQUEST ITEM NO. c-7A DATE: February 6, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Leisure Services S. Ann Smith SUBJECT: Department of Community Affairs Florida Coastal Management Program Grant _ Permission to Modify Grant - 2" Modification Request, and to Modify Equipment Request #: EQ01-222. BACKGROUND: On November 14, 2000 the Board approved the 1" modification request to the Florida Department of Community Affairs Florida Coastal Management Program. The project is now closer to compietion, however, staff must submit another modification to DCA in order to completely utilize the remaining balance of the funds awarded. The first approved modification request included the purchase of a PC workstation (Equipment Request #: EQ01-222 for $1824.00). However, due to a change in the manufacturer selection, the equipment cost has been increased by $520.00, and EQ01-222 has been now modified to $2,344.00. FUNDS AVAIL.: N/A PREVIOUS ACTION: BOCC approved 1" modification request on November 14, 2000. RECOMMENDATiON: Staff recommends the Board of County Commissioners authorize the 2'" modification request to the Florida Department of Community Affairs Florida Coastal Management Program grant, and authorize the Chairman to execute the official modification document once received from DCA, pending County Attorney review and approval. Also approve modified Equipment Request #: EQ01-222. Anyone with a disability requiring accommodation to attend this meeting should contact the SI Lucie County Community Services Manager at (561) 462-1777 or TTD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. COMMISSION ACTION: CONCURRENCE: Ix] APPROVED [ ] DENIED [ ] OTHER: </À.~ Douglas Anderson County Administrator ~ Review and ADDrovals County Attorney:/ .. Management & BUdget/~1 eJ1§ OriginatjngDept:/~ / ./. Other: I Finance: (Check for Copy only, if applicable) ../ Purchasing: Other: Eft.5/96 ", . , '-' ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: S. Ann Smith, Ecosystems Manager DATE: January 30, 2001 SUBJECT: Department of Community Affairs Florida Coastal Management Program _ Permission to Modify Grant - 2nd Modification Request, and to Modify Equipment Request #: EQ01-222. BACKGROUND On November 14, 2000 the Board approved the 1st modification request to the Florida Department of Community Affairs Florida Coastal Management Program. The project is now closer to completion, however, staff must submit another modification to DCA in order to completely utilize the remaining balance of the funds awarded. The first approved modification request included the purchase of a PC workstation (Equipment Request #: EQ01-222) for $1824.00). However, due to a change in the manufacturer selection, the equipment cost has been increased by $520.00, and EQ01-222 has now been modified to $2,344.00. RECOMMENDA TION/CONCLUSION Staff recommends the Board of County Commissioners authorize the 2nd modification request to the Florida Department of Community Affairs Florida Coastal Management Program grant, and authorize the Chairman to execute the official modification document once received from DCA, pending County Attorney review and approval. Also approve modified Equipment Request #: EQ01-222. Respectfully submitted, ~ ----'-- ~'-""-~ ~ S. Ann S ith Ecosyste s Manager Attachment: DCA Grant 2nd Modification Request Package Modified Equipment Request #: EQ01-222 · . "" ...., BOARD OF COUNTY COMMISSIONERS LEISURE SERVICES January 30, 2001 Ms. Debbie Skelton Florida Coastal Management Program 2555 Shumard Oak Blvd Tallahassee, FL 32399-2100 RE: Blind Creek Park Dune Crossovers Project (01-CZ-02-10-66-01-007) Request for 2'· Grant Modification Dear Ms. Skelton: Please find enclosed a revised Project Budget Schedule and Project Budget Narrative requesting a second modification of the use of the awarded grant funds for the Blind Creek Dune Crossover Project (01-CZ-02-10-66-01-007) in St. Lucie County. Specifically, this second modification request proposes to increase the Equipment cost by $465 to $4,665, and designate $540 for Office Supplies, with the remaining $44,795 in Contractual Services. The previously approved itemized equipment has remained the same except for some minor changes in the manufacturer selection on the PC workstation and type of Hewlett-Packard color printer selected, resulting in an overall increase of $465.00. With the designation of $540 for Office Supplies, the remaining $44,795 will finish: 1) the construction of the two (2) elevated dune crossovers, 2) the payment of local building permit fees, 3) the purchase of the two permanent agency recognition signs, and 4) the improvement of the Little Mud Creek parking lot's function and aesthetics. Thank you for your review and consideration of this modification request. If you have any questions, please feel free to contact me at (561) 462-1685. Sincerely, -~c~ ~~~~\~ Anna Smith Ecosystems Manager Enclosures cc: Peter Keogh, Leisure Services Director Susan Lawrence, Finance Mica Gorniewicz, OMB JOHN D. ßRUHN. DistriCT No.1· DOUG COWAP.D, District NO.2· PAULA A. lEWIS, DistriCT No.:3 . FRANNIE HUTCHINSON, District No.4. CUFF OARNE5, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue· Phane (561) 462-1515 . TDD (561) 462-1428 " . , '-' -..I Revised Proiect Budget Schedule Budaet Cateaorv 1. Salaries 2. Fringe Benefits 3. Travel 4. Equipment 5. Supplies 6. Contractual Services 7. Construction 8. Other 9. Indirect Charges FCMP Funds o o o 4.665 540 44.795 o FCMP Total Match Total Total Project Cost: 50.000 50.000 $100.000 · . ........ -' Revised Proiect Budaet Narrative FCMP Funds Equipment: Office Supplies: Contractual Services: County Funds Supplies: DEP Funds Other: (Exotic Removal) Utilize FCMP Funds to increase Equipment category by $465.00 for the previously approved modification request on the purchase of Automated Data Processing (ADP) hardware and software, a Hewlett-Packard color printer, a APC 650 VA UPS backup battery (for computer), one pair of waterproof binoculars, a digital camera, and a regular SLR camera body and associated zoom lens. Utilize $540 of FCMP Funds for the purchase of office supplies. The $44,795 will remain under Contractual Services for the: 1) construction of two (2) elevated dune crossovers within the Blind Creek Park Project, 2) purchase of two permanent agency recognition signs, 3) payment of local building permit fees, and 4) enhancement of the Little Mud Creek parking lot function and aesthetics, by raising the parking lot elevation and minimizing degradation of such improvements through the installation of posts and landscaping. The County's Solid Waste "Waste Tire Grant" funds will be utilized to purchase lumber materials made from recycled Florida waste tires for the decking of the crossovers, as well as, picnic benches and tables. These funds will be utilized by another contractor, currently under contract with the state and the county, for the removal of Australian pines on the dunes as part of a 1.5-mile dune restoration project within the Blind Creek Park property. · . '" c ... c ¡¡¡ 0 c c ... <0 '" 0 '" 0> '" I/J "" D:: ~ ~ '" CI) ... w ~ ~ ... 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" ~ D.. :> 5 c <II 5 w a :J ~ a c C W ID W L . , Ip' AGENDA REQUEST "wi 7 ITEM NO. ~ DATE: February 6, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Approval for staff to apply for Children's Services Council (CSC) grants and use of $5 ,366 ~86 from Park "AU Impact Fees as matching funds. BACKGROUND: Currently the Children's Services Council (CSC) has grant dollars available which are to be used for the direct benefit of children in St. Lucie County. Staff has completed three grant applications requesting soccer goals for Lakewood Park Elementary ($1,668.26), a batting cage with two softball pitching machines for Lawnwood Stadium ($7,366.87 with matching funds of $5366.86 from SLC Park "AU Impact Fees and $2000.00 from the School Board)) and classroom furnishings for the Smithsonian Marine EcoSystems Exhibit ($7,980). FUNDS AVAIL.: 310002-7210-563000-700 Improvements Other Than Building Unallocated From Park "Au (Ft. Pierce) Impact Fees (A project # will be assigned once the Board gives approval) PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests approval to apply for three Children's Services Council (CSC) grants, use of $5366.86 from Park "AU Impact Fees as matching funds and acceptance of CSC grant dollars that are approved. COMMISSION ACTION: CONCURRENCE: PC] APPROVED [] DENIED [ ] OTHER: ~"- Doug Anderson County Administrator County Attorney: :J'y Originating Dept: ,l'-bJ , Coordination/Siqnatures Mgt. & BUd9et~:31 Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, if Applicable) A:\CSC grant agenda.wpd . . '-' . . '-' BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON January 29, 2001 Children's Services Council of SLC 250 NW Country Club Drive Port Saint Lucie, FL 34986 Dear Board Members: We are requesting a grant through the Children's Services Council grant program in the amount of $7,366,87 to construct a two tunnel batting cage equipped with two softball pitching machines for girl's softball at Lawnwood Stadium, The required local match for the $14,733,73 project will come from St. Lucie County Park "A" Impact Fees ($5,366,87) and the St. Lucie County School Board ($2,000.00), We respectfully request that you look upon this grant application favorably, cc: BOCC Pete Keogh, Leisure Services Director Robert Bradshaw, Assistant County Administrator Marie Gouin, Management & Budget Director Dan McIntyre, County Attorney JOHN D. ßf\UHN. District NO.1· DOUG COWAI\D, DistriCt No.2· PAULA A. lEWIS, Dlmlct No..3 . FRANNIE HUTCHINSON, District No.4. CLIFF DARNES, DIsrrlcr NO.5 Counry Admlnlsrrotor - Douglas M. Anderson 2.300 Virginia Avenue . Fart Pierce, FL :34982-5652 . Phane (561) 462-1450 . TDD (561) 462-1428 FAX (561) 462·1648. email: dauga@stlucieca.gav '.., On-Line Form CSC-12 " '-' ....., CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY SPECIAL DESIGN A TIONS FUNDING REQUEST FORM Agency: Board of County Commissioners Address: 2300 Virginia Avenue, Fort Pierce, FL 34982 Contact Person: Pete Keogh Telephone: 561-462-1518 Leisure Services Director Request: Monetary support to provide the Softball Sports Leagues and area high school softball programs with a two tunnel batting cage equipped with two softball pitching machines. (Total Project $14,733.73) Objectives: Currently there are several batting cages and facilities for baseball use. These do not serve the hundreds of girls playing softball. Governments are legally required to provide girls with equal athletic opportunities and facilities. St. Lucie County BOCC wishes to partner with the School Board & Children's Services Council of St. Lucie County to provide this facility. Other Funding Sources: St. Lucie County Park "A" Impact Fees St. Lucie County School Board Total: $5,366.86 $2.000.00 $7,366.86 Signatu (Attach Budget Narrative) (FOR CSC OFFICE USE ONLY) CSC Staff Recommendation: _Approval CSC Action: _Approval _Denial _Denial _Other _Other Date Date Other: 1IISV.ciI!IU (Xl'r '. " . . ~ 'WI CHILDREN'S SERVICES COUNCIL OF ST, LUCIE COUNTY SPECIAL DESIGNATIONS FUNDING REQUEST FORM CSC-12 (BUDGET NARRATIVE) Softball Batting Cage Project Total 14,733,73 County Funding (park "A" Impact Fees) 50% of total capital improvement - 5,366. 86 SLC School Board _ 2.000.00 Grant Request Amount 7,366.87 Attachment: Project Cost Breakdown . , " . . '-' ...., LA WNWOOD SOFTBALL CAGES Material List for 1 Set of 2 Cages Qty Item Description Vendor Amount 2 C53 Softball Machines@$1530.oo ea. Master Pitch $3,060.00 2" Perimeter fence post 10 Y. " SLC 410.00 19 10 - 21' sticks @$47.25 ea. 472.50 3" Perimeter Corner fence post 1 0 Y." tall SLC 6 3- 21' sticks @$69.93 ea. $209.79 Lf of 8' #9 Gauge Wire and Hardware Adron $506.34 200 $2.91 per ft. - 13% 70' x 30' Slab 2100 sq. ft. 2500 psi w/fiber 4" thick 75 sq. ft. per yd. 28 yds @ $65.00 Continental $1,820.00 8 Turnbuckles Hot dip galv. 3/8" x 6" @$14.82 Turner Machine $119.36 6" Threaded "I" bolts, washers and nuts @ $3.00 6 ea. Turner Machine $18.00 Astro Turf 2100 sq. ft. @ 2.30 sq. ft. includes freight RS Global $4,830.00 "S" hooks to hang net 1/8" diam. x 1-1/4" length 276 @09.¢ Turner Machine $24.84 3" Cage Poles sch. 40 galv. 21' 15 @ $74.21 ea. Turner Machine $1,113.15 12'W x 12'H x 60'L #30 knotted nylon batting 2 tunnels @ $904.00 ea. Stan Mar $1,808.00 325' of 1/4" Stainless Steel cable @.59¢ per ft. Turner Machine $191.75 1 8' #9 Wire 3-1/2' Swing gate @ $150 ea. SLC $150.00 TOTAL: $14,733.73 ¡) . . . , . . . , i m ¡fJm ¡" m '1l1nU'JfII i l: ~ 8- j I ,3' '-' R. " III f . ~ i i~· f I ~ 'ii m [ ill ,~ m I f l"li J!I ( l ~ .. r - - ¡ !!! !!! I ~~ ~~ ~ ~ ~~ ~ . ~ ~ - .. .. - ¡ '" '" š .'" ... '" '" .. '" f:: '" .. ~ .... 0'" ¡¡:~ ~ !!:~ .. .. .. s ¡¡;~ - .. .. - .. :s - "'''' :s - ~.(7¡ '" .. 0'" .... '" ¡;:~ ... ;.., ... ë.n. ~.... Sf .. .§ "'... "'0 0 ...- ¡: .. ;¡; r .. .. .. .... "'''' - ~ .. "'- - '" .. ~8 ¡ 0- '" "'''' 0 '" ....'" ¡g .. '" Ùt~ .... 10 ;"'ïv -'" "'0 ... ~ "'.. ..... "'''' ... -0 .. .. ~r .. .. .... '" i '" "'... - ¡g - "'... 0 '" "'- ¡g '" "'''' '" "'- "0 8 \.> <0..... ;.., . .. ëo:.., '" -'" ~ "'- .... .. .. "'.... '" "'.. '" ~.:: "'''' .. 'iit.. .... .. .. .... ¡¡: "'''' ~~ § '" .. -- ..- "'''' '" ::;¡g j : '" '" .. ~r "0 8 ~ ... ...'" "'''' "....tÛl ~~ å> .... 01...... "œ"....t Ò:I'N .. s3 '" ~ ...'" "'- !g;¡j ... i .... .::~ ~s " II: " 11: .. .. .. Siii .. -..... .... .... ",iii '" ~¡¡: .. -.....- "'''' '" '" '" ~::~~ !¡n~ "'''' go '" '" "'''' -~ <I> - "'... -> ... ;.., :u, :... '" ~~~~ ~~ œen r- ... ! "'.. -c ~ '" ..'" -c '" "'... i '" ...... m > " .. .. ... s .. .... '" ¡§ "'''' ;;j "'.. g:~ Ii' "'''' ß '" "'- .......w '" ~i!: ä! -... ~ 8 ...'" '" 0'" ~ .. ... M i .. .. ¡¡'s [ "II", '" !:::8 "'.... ag '" ....'" ... ...'" i'" 0'" "... - ~~ ~ ~~ ª ... ... B .. m m ... ... f 1 ~ ~ - ~&: .... h ~ '" ~I '" -... f~ ;;j ~ in:'" ! ",. -""'Co .. "'... :g ~~ "'... ~ ... ~ .. ¡j ".- - ~ ¡::. "'''' 8 '" "'.... ... ... -'" '" f fi~ s ~~ ... "'~ .. ... ~ .. '" tt~ ~.- ~ ~ I f d ~~ 0 ¡¡¡ ~f ~ ì~ "'''' ., . , .'. Ç) .., " ""'" -...I I I ¡ i i ! aj ~ f I ,I i ( E~I::!: I::~~§ l- I till: &...... g ê.aibl~ èDèD.ÙI Ô 8"''''N !aN!I:~ N-'" ¡¡t §' .......-- ....--- Q 8888 8888 .. CD un 8888 5' ¡¡t¡¡t¡¡t¡¡t 3" ã! ....tit.. ¡¡ W~N_ NNN ~ ¡CD ...c.n ~ "NCCD WNI'\JUI CD.........O .wæu.:.. èDèD..ë.n .. .g:!a",!I:~ cii 8"''''N Q ". N_... 5- f f N .. ~g"'- ~ ~ g"'- ~=E Q i· ?'~?'cð'~ . ?'~!J'~.~ " " .8888¡öS" iiI 8888"öS· c: 'I!¡¡t..¡¡t¡¡t =: '" ........:!.=: II!. CD '" ... t ... ~ ~ W-MiIt I:! -.... ". -fDCDf\)" N-" Nt 5" I (11-1\)..""'" ... "''''0 ~c:ng¡..,.,~ 10 .......,......0. iI t~..~~ '" A._.,þ.N < '" c.n '.,,)CD C1.I CD " c: CD .. .- . . . . \ow BOARD OF COUNTY COMMISSIONERS 'wi COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON January 29, 2001 Children's Services Council ofSLC 250 NW Country Club Drive Port Saint Lucie, FL 34986 Dear Board Members: We are requesting a grant through the Children's Services Council grant program in the amount of $7,980.00 which will be used to furnish a classroom for the children of St. Lucie County at the Smithsonian Marine EcoSystems Exhibit. The total cost of the entire project is $1,023,800.00, Local matching dollars for the requested $7,980,00 will be provided through the County's numerous partnerships with other governmental agencies, organizations and the School Board. We respectfully request that you look upon this grant application favorably. cc: BOCC Pete Keogh, Leisure Services Director Robert Bradshaw, Assistant County Administrator Marie Gouin, Management & Budget Director Dan McIntyre, County Attorney JOHN D. DP.UHN, Disrrh::r No.1· DOUG COWARD. Disrrlcr No.2· PAULA A.LEWlS, Oisrrlcr No. J . FRANNIE HUTCHINSON. Disrrlct NO.4. CLIFF OAI\HES, DISN'iCf No.5 County AdmlnisrlOfOt - Douglas M. Anderson 2JOO Virginia Avenue . FarrPierce. FLJ4982-5652 . Phane(561)462-1450 . TDD (561) 462-1428 FAX (561) 462-1648. email: douga@srlucleco.gov . . " . . On-Line Form CSC-12 '-' ...., CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY SPECIAL DESIGNA TIONS FUNDING REQUEST FORM Agency: Board of County Commissioners Address: 2300 Virginia Avenue, Fort Pierce, FL 34982 Contact Person: Pete Keogh Telephone: 561-462-1518 Leisure Services Director Request: Monetary support to provide fumishings for a classroom at the Smithsonian Marine EcoSystems Exhibit. (Total cost $7,980) Objectives: To continue with St. Lucie County's commitment to provide quality educational opportunities and experiences for its children. The BOCC has partnered with numerous organizations and govemmental agencies, including the School Board, in an effort to keep this commitment. '. Other Funding Sources: Please see attached listing. $7,980 (Attach Budget Narrative) /J,iJ Date (FOR CSC OFFICE USE ONLY) CSC Staff Recommendation: _Approval CSC Action: _Approval _Denial _Denial _Other _Other Date Date Other: ., ", " ...... ...., Smithsonian Marine Ecosystems Exhibit Funding Partners Smithsonian Institution $123,000 $100,000 Plus $200,000 FRDAP Grant City of Fort Pierce Indian River Community College $20,000 St. Lucie County School Board $21,000 Fort Pierce Utilities Authority $31,000 South Florida Water Management District $12,000 Tourist Development Council $20,000 St. Lucie County $580,000 '. " .'. """ ...., CHILDREN"S SERVICES COUNCIL OF ST. LUCIE COUNTY SPECIAL DESIGNATIONS FUNDING REQUEST FORM CSC-12 (BUDGET NARRATIVE) Smithsonian Classroom Furnishings Total Cost $7,980 Match (County funding and Partnership $ for complete project ) Grant Request Amount $7,980 Attachment: Cost Breakdown " ,., APPENDIX C "-,,,ITHSONIAN MARINE ECOSYSTEMS EXHIBIo"J LIST OF FURNISHINGS TO BE SUPPLIED BY ST. LUCIE COUNìY (Estimated Cost) CLASSROOM 25 Chairs (with writing surfaces) · 2 Tables for setting out educational materials and displays Dry Erase Board Projection Screen Projection TV or Large Television VCR . Bulletin Board Lockable Storage Cabinet for Educational Materials 1 Phone 1 Computer Phone/Computer Hookup end Internet access LABORATORY Counters Cabinets Refrigerator with Small Freezer Ladder or Cart w/Steps to access the Back of the Reef Tank 1 Phone 1 Computer Phone/Computer Hookup and Intemet access ", OFFICE 2 Desks 4 Chairs 2 File Cabinets Shelves for Books 2 Phones 2 Computers Phone/Computer Hookup and Internet access Lockable Storage Cabinet for Staff's Belongings GIFT SHOP (List to be Supplied by County) Suggestions: Display Cases Shelving Counters Lockable Storage for Stock Cash Reglster Safe 1 Phone 1 Stool ENTRANCE Small Reception Desk TOTAL $2,500 $400 $200 $400 $2,000 $200 $100 $600 $80 $1,500 $7,980 $5,000 $1,000 $500 $80 $1,500 $8,080 $1,000 $1,000 $800 $600 $160 $3,000 $1,000 $7,560 $2,500 $500 $1,500 $1,410 $400 $300 $80 $75 $6,765 $400 $30,785 " . . . . " ~ ...., BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON January 29, 2001 Children's Services Council ofSLC 250 NW Country Club Drive Port Saint Lucie, FL 34986 Dear Board Members: We are requesting a grant through the Children's Services Council grant program in the amount of $1,668.26 to provide one set ofsoccer goals at Lakewood Park Elementary School for use by the County's school children and youth soccer leagues. Local matching dollars for the requested $1,668.26 will be provided through the County's continued maintenance of the facility. We respectfully request that you look upon this grant application favorably. cc: BOCC Pete Keogh, Leisure Services Director Robert Bradshaw, Assistant County Administrator Marie Gouin, Management & Budget Director Dan McIntyre, County Attorney JOHN D. ßI\UHN. Districr No.1. DOUG COWAI\D, Dishier No.2· PAULA A. LEWIS, Dlsmcr No.:) . FRANNIE HUTCHINSON, District No.4. CLIFF OARNES, District No.5 County Adminisrroror - Douglas M. Anderson 2:300 Virginio Avenue' Fori Pierce. Fl34962-5652 . Phone (561) 462-1450 . TDD (561) 462-1426 FAX (561) 462-1646 . emoil: dougo@stlucieco.gov · . On-Line Form CSC-12 """" ....., CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY SPECIAL DESIGNA TIONS FUNDING REQUEST FORM Agency: Address: Board of County Commissioners 2300 Virginia Avenue, Fort Pierce, FL 34982 Contact Person: Pete Keogh Leisure Services Director Telephone: (561) 462-1518 Request: Monetary support to provide one set of soccer goals at Lakewood Park Elementary School for use by the school children and the County's youth soccer leagues. (Total Cost $1,668.26) Objectives: St. Lucie County BOCC wishes to partner with the School Board & Children's Services Council in an effort to offer the youth of St. Lucie County with a variety of sporting venues by providing them with the facilities and equipment needed. Other Funding Sources: The match will be provided through the County's continued maintenance of the facility. quested: $1668.26 (Attach Budget Narrative) (FOR CSC OFFICE USE ONLY) CSC Staff Recommendation: _Approval CSC Action: _Approval _Denial _Denial _Other _Other Date Date Other: " . , ", "'" CIDLDREN"S SERVICES COUNCIL OF ST. LUCIE COUNTY ...... SPECIAL DESIGNATIONS FUNDING REQUEST FORM CSC-12 (BUDGET NARRATIVE) Soccer Goals Total Cost Match (County's continued maintenance of facility) Grant Request Amount 51,668,26 51,668,28 Attachment: Cost Breakdown -.'" 1~1' '1/2 I NU "'. ¿" I I. , , " J ~. , , . -... ...., I . . . " ~ ::: '< g f~ :T ~.. . 1\1 < CD 1\1 ~ "< ~ c CD (/I ~ 0 :! (þ ~ CD 1\1 (/I E) ell en n = 0 J-< "d ~ "d ~ J-< 1\1 ~ !l (') 0 - .,., ""C - :r " ~ ~ · ::I >i 0 I· 0 >i I · > < r" ! III "d I - .. "" CD J-< '. ... n III too - e -10 · CD 11 Q Q I CII W W . Q . ~ .. at III L >c ~ ~ '11: W ...A - e Q L , ~ò) - 0- VI 0 ~ ~~ 0- , .~ 00 0 , 0 ... I 0- I . I I ¡ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: .."., v Agenda Request Item Number Date: ~-i Feb 6, 2001 Consent Regular Public Hearing leg. [ ] [ X ] [ ] [ ] Quasi-JD [ Board ot County Commissioners Community Development Request To Amend Work Authorization with Lind ,Browni g, Ferrari & Heiistrom, Inc., for Additionai Services Associated with the Magnum nvironmental Railroad Spur Project. Attached, is copy of an Amended Scope of Services with Lindahi, Browning, Ferrari & Hellstrom, Inc., for additional services associated with the completion of the Magnum Environmental Railroad Spur Project that the County has been working on for some time. As the Board may be aware, the County has received a grant from the Office of Tourism Trade and Economic Development (OTTED) to fund the construction of a 300 +1- foot a raiiroad spur to serve Magnum Environmental Services southwest of Ft. Pierce. This project is finaiiy nearing the point where we can put it out to bid and construct it, but before we can do that we need to amend the original contract with our design consultant to cover additional services for the project. Funding for the project is through the OTTED grant. No direct County funds are being used for this project. Staff recommends that the Board authorize the amended scope of services and direct staff to proceed with the necessary steps to compete its processing. COMMISSION ACTION: [K] APPROVED D DENIED D OTHER CONCURRENCE: d7~ L- Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND547) AfIII1I ...." Commission Review: February 6. 2001 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: FROM: County Commission Dennis Murphy, Asst. Community Development Director DATE: January 31 , 2001 SUBJECT Request To Amend Work Authorization with Lindahl, Browning, Ferrari & Hellstrom, Inc., for Additional Services Associated with the Magnum Environmental Railroad Spur Project. Attached, is copy of an Amended Scope of Services with Lindahl, Browning, Ferrari & Hellstrom, Inc., for additional services associated with the completion of the Magnum Environmental Railroad Spur Project that the County has been working on for some time. As the Board may be aware, the County has received a grant from the Office of Tourism Trade and Economic Development (OTTED) to fund the construction of a 300 +/- foot a railroad spur to serve Magnum Environmental Services southwest of Ft. Pierce. This project is finally nearing the point where we can put it out to bid and construct it, but before we can do that we need to amend the original contract with our design consultant to cover additional services for the project. Funding for the project is through the OTTED grant. No direct County funds are being used for this project. Staff recommends that the Board authorize the amended scope of services and direct staff to proceed with the necessary steps to compete its processing. If you have questions, please let me know. . Murphy AICP mmunity evelopment Director DJMI MAGNUM1(a89) cc: Managemen1 & Budget Director Purchasing Director . . . ;." ..., C97-11-187 WA# WORK AUTHORIZATION FOR ENGINEERING SERVICES RELATED To Construction Contract Administration Professional Services For MAGNUM ENVIRONMENTAL - FLORIDA EAST COAST (FEC) RAILROAD SPUR Pursuant to that certain Agreement between St. Lucie County, "COUNTY," and LBFH, Inc. (LBFH), "ENGINEER," for Engineering Services, "Agreement," (Contract No. C97-11-187), dated November 2, 1999, the ENGINEER agrees to provide the Scope of Services described in Exhibit A, and for thc compensation described in Exhibit B. All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit C. IN WITNESS WHEREOF, the COUNTY has hereunto subscribed and the ENGINEER has affixed his, its, or their names, or name, on the dates below. A TrEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN Date APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES; , LB'Ji: f Q ~ By; ~ £ ENG R ì -d.H ./ GUó Date Print Name: Martv E. Sanders. P.E. Vice President July 24, 2000 \\FP'.proj(r:ti\98-OO9tN1ili-Doc & SDC WorM/UMr-f) .tkK Page 1 of 4 St. Lucie County Magnum Environmental - FEC Railroad Spur ..". ..., MAGNUM ENVIRONMENTAL - FLORIDA EAST COAST (FEC) RAILROAD SPUR EXHIBIT A SCOPE OF SERVICES The ENGINEER shall provide the following services for the project: GENERAL The ENGINEER shall perform the necessary work on an authorized basis as requested by the COUNTY. Generally, the ENGINEER's work shall include the preparation of the Bid Documents and the Contract Administration and Construction Services for the bidding and construction of the Florida East Coast (FEC) Railroad Spur to serve Magnum Environmental in the Midway Industrial Park, St. Lucie County, Florida. SECTION 1· (Phase 61): BID PACKAGE PREPARATION: The ENGINEER shall prepare and assemble documents required for contractor bidding including specifications, bid forms and addendums. The COUNTY shall provide word perfect or other compatible format word processing data files including standard verbiage and forms required in the bid package. This effort is limited to one response to comments generated by COUNTY Staff. The ENGINEER shall provide 2 copies of the plans and bid documents, one set of reproducible documents (mlyars and unbound booklets), and an electronic copy of the plans & bid documents (for use by DemandStar) to St. Lucie County for their reproduction and distribution to prospective bidders and contractors. The ENGINEER shall attend the pre-bid and bid opening meetings and shall prepare a tabulation of the bids received by the COUNTY and make recommendations as to the award of the construction contract. SECTION 2· (Phase 27): UTILITY COORDINATION: The ENGINEER shall provide utility companies copies of construction plans and project schedule. Engineer will work with utility companies to schedule the necessary relocation work to avoid delays of the project. SECTION 3 . (Phase 60): CONSTRUCTION SERVICES (Limited): Part 3a. Attend a pre-construction meeting for the project in conjunction with the selected Contractor. Part 3b. Provide assistance, as requested, during construction (up to 32 hours) responding to contractor questions as requested by the County. Part 3c. Provide certification of project completion to appropriate governing agencies that shall include record drawings to be provided by the contractor. July 24, 2000 Page 2 of 4 St. Lucie County Magnum Environmental - FEC Railroad Spur \I.FP'opro)~CIJ".98-OO9tN/íd·Do< & SDC WmtAuthor-OJ.doc ., "" EXHIBIT B COMPENSATION TO THE ENGINEER For the services set forth in Exhibit A, the fee compensation to the ENGINEER shall be as follows. The term "Lump Sum" (LS.) indicates that the tasks specified will be peIformed for a fixed fee. Section Numbertritle Amount of Compensation Tvpe of Compensation Section L BID PACKAGE PREPARATION $5,500.00 Lump Sum Section 2. UTILITY COORDINATION $2,500.00 $5,500.00 Time and Expense Section 3. CONSTRUCTION SERVICES Time and Expense Total Work Section 1 through 3 $12,500.00 Special provisions: I.) Title searches or reviews and construction stakeout are not a part of this scope. 2.) Does not include daily or random field observation. 3.) Construction plan revisions are not part of this scope. July 24, 2000 Page 3 of4 St. Lucie County Magnum Environmental - FEC Railroad Spur \'lFPoprø~ClM8-()()f}(NJi4·Doc & SDC WQrkAwhor-OI.doc ~ Section Number! Title Section 1. BID PACKAGE PREPARATION Section 2. UTILITY COORDINATION Section 3. CONSTRUCTION SERVICES July 24, 2000 \\Fpo,pn,juls'l98-()()9(Njjd-Doc &, SDC Worl:AuIMr-OI.doc EXHIBIT C TIME SCHEDULE ...., No. Calendar Davs for Completion 30 Days from Notice to Proceed. 30 Days from Notice to Proceed 90 Days from Notice to Proceed Page 4 of 4 St. Lucie County Magnum Environmental - FEC Railroad Spur