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Agenda Packet 05-01-01
'- -' . MAY 1,2001 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. PUBLlC 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 tiroe. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a tiroe. 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 yo,:! 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. PUBLlC COMMENT- Time is allotted at the begirnùng 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 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 TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' -' www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA May 1, 2001 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes qf the meeting held April 24, 2001. ,Gppr00ed! 2. PROCLAMA TIONIPRESENT A TION Sunrise Tw.e - St~~ ~~~sts direction on funding t~e Sunrise ,\h¡atre. '\ GENERAL PUBL9B:b~JEN1J - CDwcinY, &we 5 -1lo l3--J, ) 3. 4. CONSENT AGENDA frp 0 Ý{J'vAtfJ- PUBUC HEARINGS COMMUNITY DEVELOPMENT SA. Resolution No. 01-016 /Ouasi- judicial / Wetwol Construction - Consider staff recommendation to approve the resolution granting a change in zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District to allow for the relocation of a construction office as a dual use within an existing real estate office. Location: 909 West Midway Road, southeast corner of the intersection of Midway Road and Elm Avenue Prpp(Dtcl S--C) NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarö at these meetings will need a record of the proceedmgs and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying duri:ng a he.ari:ng will be ~w!,rn in.. Any pat1y to the proceedings will b.e gral!ted.(he opportunity to cross-exam me any mdlv.dual teshfymg durmg a hearmgupon request. Anyone wIth a dlsablhty 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. '-' -' REGULAR AGENDA MAY 1, 2001 PAGE TWO PUBliC HEARlJI!GS (CONTINUED) COMMUNITY DEVELOPMENT (CONTINUED) SB. Resolution No. 01-01S /Ouasi-judicial / Pan Am International Flight Academy (Ernesto Velasco, Agent) - Consider staff recommendation to approve the resolution granting a Major Adjustment to the existing St. Lucie County International Airport Conditional Use for the project known as Pan Am International Flight Academy for the addition of two (2) student dormitories. Location: South side of Pan Am Way, approximately ISO feet west of Curtis King Boulevard. &n 'fd M ) V&.f¡'1..W- - nO COUNTY ATTORNEY rrlYDV. ~- Sc. Ordinance No. 01-0S / Local Option Motor Fuel Tax Extension - Consider staff recommendation to adopt Ordinance No. 01-0S as drafted. This item was continued from the April 17, 2001 meeting. End of Public Hearings A--pPfò~' 5-Ò 6. ADMINISTRATION Recreation Update - Staff will give a progress report to the Board. '-' -' CONSENT AGENDA Mav 1. 2001 1. WARRANTS LIST Approve warrants list No. 30. 2. PUBLIC WORKS A. Engineering / Taylor Creek/C-25 Restoration Dredging Project - Consider staff recommendation to approve Work Authorization No. 1 ,vith BCI Engineers, Inc., in the amount of $137,000 for design and permitting, and authorize the Chairman to sign the authorization. B. Engineering / Taylor Creek/C-2S Restoration Project - Consider staff recommendation to approve the Cooperative Agreement with South Florida Water Management District in the amount of $700,000, and authorize the Chairman to sign the agreement. 3. COUNTY ATTORNEY St. Lucie Village / Roaci:'Public Buildings, Library and Parks Impact Fees - Consider staff recommendation to approve the Interlocal Agreements and the Memorandum of Understanding, and authorize the Chairman to sign the agreements and memorandum. 4. CENTRAL SERVICES A. RFP No. 01-043 / Professional Landscape Architect & Planning Service Continuing Contract - Consider staff recommendation to approve the selection committee evaluation and choice of Glatting Jackson Kercher Anglin Lopez Rinehart, Gee & Jenson and Kimley-Horn allowing them to enter into a continuing contract with these three vendors. B. North Causeway Island Boat Ramp - Consider staff recommendation to approve final payment of retainage to Recreational Design & Construction for work completed at North Causeway Island Boat Ramp. \,.. '-' BOARD OF COUNlY COMMISSIONERS ADDITIONS AGENDA May 1. 2001 REGULAR AGENDA COMMUNI1Y DEVELOPMENT R-A.l Distance Waiver / Quarterdeck Bar & Grille Consider staff recommendation that the Board interpret the intent of Section 7.10.11 of the Land Development Code, entitled "Distance Requirements for AlcohoJjc BeVerages'''1)u~G* oh,Çf.fv ŒiJ~'(-h Sk', ¡))Q¿wf k~ CONSENT AGENDA 13 ( Æto:c¡ (5th ---- COMMUNI1Y DEVELOPMENT C-A.l Resolution No. 01-022 / American Concrete Consider staff recommendation to approve the resolution granting a Major Adjustment to a Minor Site Plan Approval for the project known as American Concrete to allow for the addition of 16,12S square feet of manufacturing space to an existing 12,2S0 square foot facility for a total of 28,7S0 square feet of space. Location: 3 SO North Rock Road NOTICE: AU Proceedings before this Board aTe electronically recorded. MY person who decides to appeal any action taken by the Board at these meetings wiU need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting shoutd contact the St. Lucie County Community SelVÎCes Manager at (561) 462-1777 or TDD (56t) 462-1428 at least forty-elght(48) hours prior to the meeting. , '-' "-" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 24, 2001 Tape: 1-2 Convened: 9:00 a.m. Adjourned: 11:15 a.m. Commissioners Present: Chairman, Frannie Hutchinson, Doug Coward, Paula A. Lewis, John D. Bmhn, Cliff Barnes Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Ass!. County Administrator, Dan McIntyre, County Attorney, Julia Schewchuk, Community Development Director, Paul Phillips, Airport Director, Ray Wazny, Public Works Director, Beth Ryder, Community Services Director, Roger Shinn, Central Services Director, David Rodriguez, Human Resources Director, Dennis Wetzel, IT Director, Jim David, Mosquito Control Director, Bill Balzak, Utilities Director, Jack Southerd, Public Safety Director, Marie Gouin, M & B Manager, Don Cole, Acquisitions Manager, Don West, County Engineer, Don McLam, Leisure Services, Gayla Barwick, Tourism, Deputy Nickel, A. Millie Delgado, Deputy Clerk l. MINUTES (1-029) It was moved by Com. Bruhn, s¿è%nded by Com. Coward, to approve the minutes of the meeting held April 17, 2001; and, upon roll call, motion carried unanimously. 2. PROCLAMA TIONSIPRESENT A TIONS None 3. PUBLIC COMMENTS (1-040) Mr. Robert Anderson, Indrio Road resident, addressed the Board regarding item C-2B and questioned ifthe money received would be used for the park improvements. The Projects Manager advised Mr. Andérson that it would be up to the Board's discretion where they wanted to utilize the funds. Mr. Anderson also requested the Board consider not moving forward with the extension of the gas tax due to the price increase. 4. CONSENT AGENDA (1-154) It was moved by Com. Lewis, seconded by Com. Barnes, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. l. WARRANT LIST The Board approved Warrant List No. 29. -1- " 001128 ' 001130 00121.7 Ù01252 001258 001259 001804 001809 101 101001 101003 101006 102 102001 103 105 107 '.107002 109 111 lJ'.-- r-j ~ 1:1 ~ "-l \-.- :;¿ 1:: ,¿ ,,¿ ~ , 114 115 116 117 118 119 120 121 122 123 126 136 138 139 140 140001 ;1..60 ;L83 1.83001 183002 183004 183212 184203 ID~OOl 203 186 186204 205 215 235 242 282 304 316 316001 352 401 401220 401221 418 421 441 451 461 471 491 r 505001 510 611 625 630 650 673 691 694 ...~. .... ~H~""" C'..~t- ioT' 112/MPO/FHWA/Planni,.- --"01 o~lity Action Agency ~~",Ol uSP-Re~onal Attenuation Facility Urban Mobile Irrigation Lab'Grant TDC Planning Grant FYOO/Ol Emergency Mgmt. Prep & Asst. FY 00/ SFWM/SLSWCD Well Monitoring Program SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Drug Abuse Fund River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southe~n Oak Estates Lighting Monte Ca¡:-10 Lighting MSTU#4 Fund Pa~m Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court OSCA-Court Reporting Grant 00/01 Ft. Pierce Beach Restoration SHIP Housing Assistance FY 00/01 FHFA-SHIP 98/99 Recycling Operating Fund Recycling & Education Grant FYOO/Ol Beach Bond I&S Fund 5-Yr Bldg Bond Anticipat.I&S Fund Becker Road I&S Fund Port I&S Fund Environmental Land I&S Fund Communication System Fund County Capital Transportation Capital SHI Wastewater Treatment proj Fund Sanitary Landfill Fund Litter Control & Prevention FYOO/Ol Wast Tire Grant FYOO/Ol Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund Holiday Pines Utilitiès Fund Building Code Fund Information Technology Fund Health Insurance Fund Property/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund Agency Fund S. Hutchinson Fund North AlA MSBU Raintree Forest MSBU GRAND TOTAL: ~Ut>,JÜ6.~8 819. . 2 2 1 ......J 1,110.02 203.18 57.05 282.21 1,098.68 103.21 22,781. 07 6,663.13 2,625.22 5,887.00 19,114.82 14,409.92 5,146.91 88,886.67 218,983.01 3,496.09 3,750.00 98.72 22.26 6.84 26.33 467.48 15.74 3.77 749.85 23.44 5.19 2.14 24.51 7.17 3.23 48.26 3.80 28.78 5,159.18 106.10 991.61 .....2,368.17 fI:'- 286.59 150.00 363.64 6,223.50 1,350.00 210.00 11.08- 167.41 49.18 3,868.03 1,702.55 319,822.50 2,033.24 6,368.41 7,580.44 207,393.26 28,257.00 19,542.00 34,840.37 2,203.50 15,280.25 28,828.80 91.42 3,671.24 4,524.64 20,252.50 3,786.47 10,276.57 44,046.59 21,652.30 167.35 13,604.86 960.95 8,279.67 18,077.55 3,334.90 1,046,368.75 9,888.94 7,127.49 2,816,730.08 23,044.15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ~ 0.00 0.00 0.00 0.00 0.00 / 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0..00 0.00 0.00 0.00 0:00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 / 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,491.86 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ' 0.00 ?9,536.01 , "-' '-' 2. CENTRAL SERVICES A. Equipment Request No. 01-247/Budget Amendment No. 01-138- The Board approved the equipment request and budget amendment to transfer $2,067 to the equipment account for the purchase of a cordless system for the hearing impaired to be used in any meeting room. B. Indrio Road (SR 614) & Imlrio Road School House Park- The Board approved, recognized and acknowledged that the Indrio Road Widening Project will result in a decrease in park property and to seek reimbursement ofthis property with FDOT at fair market value. C. Ocean Bay Beach Park- The Board approved the Second Amendment to the contract with Recreational Design and Construction to extend th completion date, and authorized the Chairman to sign the amendment. D. ADA BathroomslFrederick Douglas & Lake Park- The Board approved the release of retain age to Chuck Euns Construction Company. 3. PARKS AND RECREATION Contract Approval- The Board approved the snack vending contract with Lance, Inc., and authorized the Chairman to sign the contract. 4. COMMUNITY DEVELOPMENT A. Job Growth Investment ðànt Agreement Amendment- The Board approved the First Amendment to the agreement with Twin Vee Powercats Inc., correcting paragraph 2 of the agreement from two years to five years. B. Tourism/Equipment Request No. 01-249/Budget Amendment No. 01-140- The Board approved the equipment request and budget amendment to purchase Adobe Web Collection Software. C. Equipment Request No. 01-248/Budget Amendment No. 01-139- The Board approved the equipment request and budget amendment to purchase software to complete the countywide redistricting programs based on the 2001 census in the amount of$3,100. D. Paleo Hammock Florida Communities Trust Grant Award Agreement- The Board approved the agreement and authorized the Chairman to sign the agreement. E. Grant Application- The Board approved submitting the grant application to the Florida Depariroent of Transportation Highway Safety Grant Program to fund a Bicycle/Pedestrian Coordinator Position. 5. PUBLIC WORKS EngineeringlIndian River Drive Shoreline Stabilization Project- The Board approved the design proposal in the amount of $43,763 with Taylor Engineering, Inc., and authorized the Chairman to sign the proposal. -2- ~ "'" '.J 6. HUMAN RESOURCES/RISK MANAGEMENT A. Annual Payment for Prison Health Services, Inc. The Board approved the payment to P.H.S. in the amount of$36,880.97 from reserves for inmate medical (Fine & Forfeiture Fund) to inmate medical expenses. B. Second, Third and Fourth Year Phase of the Pay & Classification Study- The Board approved the second, third and fourth year phase of the study. 7. PUBLIC SAFETY Grant Application- The Board approved authorizing the Chairman to sign the grant application to the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Derelict Vessel Removal Grant Program. 8. COMMUNITY SERVICES Satisfaction of Down Payment Assistance Mortgages- The Board approved accepting the mortgage satisfactions and authorized the recording thereof. 9. COUNTY ATTORNEY A. Children's Home Society of Florida, TC Division- The Board approved the Second Amendment to the June 22,1992 Facilities Use Agreement, and authorized the Chairman to sign the amendment. B. Resolution No. 01-95/CJ1à¥tges to St. Lucie County Investment Policy- The Board approved adopting Resolution No. 01-95 as drafted. C. Allstate vs. St. Lucie County/Litigation Expense- The Board approved Budget Amendment No. 01-141 to transfer seventy thousand and 0/100 dollars from the contingency account to cover the County Attorney's professional services account (001- 1410-531000-1920) to cover costs of defending the litigation. 10. INVESTMENT FOR THE FUTURE Reallocation of Funds- The Board approved the reallocation of $40,000 from White City Park to Pop Warner Football Field for materials and installation ofre-lighting. 11. AIRPORT A. Master Drainage Plan Project- The Board approved accepting the FDOT Joint Participation Agreement, authorized the Chairman to execute the JPA and the resolution authorizing the Chairman to sign the agreement in the amount of $200,000. B. Airport Drainage Master Plan- The Board approved Works Authorization No.1 with HNTB and the Scope of Services in the amount of$107,805 and the Scope of Services for Topographic Mapping and Photographic Services in the amount of$91,826 for a total project cost of $199,631. 12. PURCHASING Request for Proposals- The Board approved Te-advertising the proposed RFP for lease of the North Dock on South Causeway Island. -3- , '"" -...I --. REGULAR AGENDA 5.A NO PUBLIC HEARINGS SCHEDULED 6. AIRPORT (1-686) A. Ancient Oaks Property in White City- Consider staff recommendation to approve the funds required for early termination ofthe Lease of Purchase Agreement with the Trust for Public Lands and authorize staff to proceed with closing as soon as possible. The Acquisitions Manager addressed the Board on this item. Com. Barnes commented on staff pursuing state grants and the ranking. Com. Brulm commented on the ranking of the parcel. Staff addressed Com. Barnes comments and stated the scoring has become more difficult and projects are ranking much higher. Staff is not sure at this point whether Ancient Oaks will get funded this year or next year. IfTPL is not paid off this year, they would then have one more year. Com. Barnes stated he wanted to be sure that we were doing all that was possible in order to obtain the grants and if everyone else was getting more competitive, then we needed to do the same. . It was moved by Com. Barnes, seçonded by Com. Coward, to approve staff recommendation; and, upon roIl caIl, motion carri¿èflùnanimously. _ B. South County Regional Stadium Donation Agreement- Consider staff recommendation to approve the Donation Agreement and authorize the Chairman to sign the agreement. Com. Coward expressed his concern with this being open ended and a time rrame not being stated. The County Attorney stated if the Board so desired, he could go back and discuss the time rrame. Com. Barnes stated he was comfortable with this as written and he did not want to place a time limit. Com. Lewis stated she looked at this as a positive issue and stated the county is probably not capable or can promote events and hopes the developers will promote activities for the stadium. Com. Coward stated he too felt this was a positive partnership, but, wanted to make sure it was not open ended beyond the county's control. It was moved by Com. Lewis, seconded by Com. Brulm, to approve staff recommendation; and, upon roll call, motion carried unanimously. C. Cultural Affairs Council Vacancy- Consider staff recommendation to fill one of the vacancies on the Cultural Affairs Council from the list of nominees submitted by the Council, and to reappoint Sam Patterson for a second term on the Council. Com. Lewis advised the Board that her previous appointee, Leland Carpenter declined his previous appointment and would like to serve on this council. -4- " '-" -' Upon tally of the votes, Com. Hutchinson voted for Pat Pollock, Com. 's Bruhn, Barnes, Coward and Lewis voted for Leland Carpenter. Leland Carpenter was appointed to the Cultural Affairs Council by a vote of 4 to I. 7. CENTRAL SERVICES RFP No. 01-039- /Janitorial Services- Consider staff recommendation to approve either the committee's first recommendation of housekeeping services in-house or the committee's second recommendation of entering into a contract with Building Services International for two ycars with an option for two additional tcrms of I year on thc samc tCnTIS and conditions. After discussion, it was moved by Com. Lewis, seconded by Com. Barnes, to approve providing housekeeping services in-house; and, upon roll call, the vote was as follows: Aye's: Barnes, Lewis, Coward, Hutchinson, Nay: Bruhn Com. Bruhn stated his opposition due to the fact he felt that in the future they would be back to privatizing this service and have to lay off personnel. The Central Services Director advised Com. Bruhn that previously they had not laid off personnel, but had used attrition as their basis for abolishing positions and privatizing. Motion to approve in house housekeeping services carried by a vote of 4 to 1. 8. ADMINISTRATION (1-11546) A. Recreation Workshop Fo1l9W up- The Board had a follow up discussion on the workshop held on April 4, 2001. 4>11< The County Administrator advised the Board that # I of staff recommendation, is suggesting moving forward to contract with Glatting Jackson for an amount less than $20,000 to get the process gomg. Com. Barnes stated he was under the impression that at the workshop, it was the consensus of the Board not to have a full blown master plan for every recreational possibility i.e bike paths, pedestrian ways, every possible fOnTI of recreation for the county for the next 20 years. He thought the Board wanted to focus more on a project which would significantly upgrade active recreation areas and help the county build regional parks. Also some focus on funneling some funds for neighborhood parks. It was not his intention to try and solve every recreational problem in our county for the next 20 years or even study on this, but, however, to build some first class facilities that would address the priorities of the two cities and the county. He does not want to hire Glatting, Jackson to spend a year doing the former if they want to concentrate on the latter. Com. Bruhn concurred with Com. Barnes and stated he felt our recreational staff and legal staff could come up with language for the referendum and what kind of parks could be developed. Com. Coward stated he felt the Board did not need to be rushed to get to a referendum, but felt that they needed to do their homework and find out what exactly they need then put a cost associated with that and try to detenTIine how it will be accomplished, which may entail a voter referendum, not looking at a voter referendum immediately and go backwards. Port St. Lucie has not started their needs assessment, the county only has a draft and neither PSL or the county has finalized it to get a true feel of what it is we need. We have also not have enough interaction with the community to find out what they believe we should have. -5- '^ ~ -' Com. Barnes stated he would like to see the needs assessment done and budget in time to where if we need to put it on the ballot we can. He stated he was shooting for the December, 2001 election ballot. Com. Bruhn stated he felt our staff could do the needs assessment more in detail than the consultant can, since they are directly involved. Com. Lewis stated she shared Com. Coward's comments in that we have not identified a property or place. She is concerned that in the haste to get on the December ballot, we will rush the process and felt they needed more time to get together with staff. She expressed concem on not getting all their ducks in row with a thorough presentation for the December ballot. Com. Barnes stated they have six months, and if they càn come up with another revenue strearn and not have to put it on the ballot, fine, however, ifthey cannot decide what major recreation is needed in the county, they the county does not have the right staff. Com. Lewis stated she does not have a doubt that staff can get all the information together, what she has doubt about is presenting it properly. Com. Coward stated he concurred with Com. Bruhn and did not want to see a full blown master plan either. He is advocating for the basic needs assessment. He would like a plan of action and not just throw $20,000 out there into spinning wheels. Com. Hutchinson stated that they needed to give staff clear direction. She felt there was not a need to give it to the advisory board. In the past the advisory board brought things forward and the Board has not acknowledged them. t'" It was the consensus of the Board to put # 1 on hold at this point. # 2 Staff put together zones based on the Commissioner's districts. Com. Barnes suggested White City and Indian River Estates be combined. The Board concurred. Com. Barnes suggested the individual names of the Commissioners be removed. The list is as follows: l. Indian River EstateslWhite City 2. City of Port St. Lucie 3. City ofFt. Pierce 4. Lakewood Park/No. Hutchinson Island 3. Regional Park System be defined. Find out what is needed in the zones, what kind of sport and then how big the piece of land should be. It was the consensus ofthe Board to eliminate the term "Regional Park" as defined in the book and come up with another term to identify the project. Ms. Brown, the Administrative Manager for Parks and Recreation advised the Board that letters have been sent to the cities in reference to the property that they may have existing for facilities or expansion. They are in the process of their needs assessment and they can check with them to see how far they are. They can schedule a meeting and she will get back to the Board with the time frame. -6- , "'" ...,.; Com. Brulm suggested contacting the cities and finding out how soon they can have their assessments done. 4. That it be decided, after study, whether we are going to hold a General Obligation Bond Referendum or Sale Tax Referendum Com. Coward stated he strongly did not agree with the comments made previously that the Recreation Advisory Board should not be plugged into this process. He agrees that they should not put everything on hold until their next meeting, but they should provide direction for their next meeting. This is an issue he would like them to be plugged into. Com. Barnes concurred that they should be plugged in. The Ass!. County Administrator advised the Board that the RAB has had the opportunity to review the needs assessment twice. The Administrative Manager stated that at the next meeting recommendations will be taken and that there are several questions on items which need to be answered. 5. That there be a second referendum at the same time to continue the Tax Abatement Economic Development Incentive Program. Com. Barnes requested discussion on the referendums which need to be held. He felt there was not a need to have 2 referendums and pay the cost when you can have one with both issues on the same referendum. The County Administrator advised the Board that the tax abatement expires November of2002 and they need to have a referend(¡iI1 some time prior to November of next year. Com. Barnes stated there is scheduled election on December 4th of this year and the money has been appropriated. It is a city of Ft. Pierce election. The County Administrator asked if the general obligation bond and sales tax referendum was one of the issues the Board wished the RAB to review and provide recommendations. Com. Barnes said yes, however, staff needs to inform the Board how much would be raised and what would be the pay back period. Staff needs to take the lead and advise the Board of the implications of one VS. the other. Com. Barnes commented on the inventory needed by the cities. Com. Coward stated he cannot emphasize enough that the parcels should be located in the urban area where people live and not go out west and create some regional park on agricultural land to try and solve this problem. He suggested looking at the area around St. Lucie West and parcels within the city and need the city to give us direction as to what might work. 6. Assess need and inventory existing land and facilities by zones. This includes both cities and the school district. Com. Barnes stated that someone in the county should know the number of parcels we have under ownership. The cities and the School Board know what they own, we need to decide where we have parcels of land that are big enough and undeveloped that can be used. Com. Coward stated there has to be an overlap between the inventory and the needs assessment and not just fÌ'om land perspective. -7- , '-'" 'WI Com. Hutchinson stated that they also need to know what parks are existing and abutting, can be join them through pedestrian trails, etc. Com. Barnes requested the inventory be done on the GIF. Com. Barnes suggested public input to assist in assessing the needs and at some point an expert will be needed to tell us what, and how much we need to serve the demand. The County Administrator stated he would do a list of items which should be contracted out for assistance from a company such a Glatting Jackson. He could present a scope of services and require a cost be given for their services. The County Administrator advised the Board that staff will be putting together a list of things that they feel they need assistance on, walk it around to the Board and get a proposál from Glatting Jackson on what they would charge to do it. The Board did not agree with this suggestion. Com. Hutchinson stated that what they need to do is, bring back what they have requested staff to do today. The County Administrator stated the following as to what he felt was direction given by the Board: 1. Project team to consist of: Robert Bradshaw, Pete Keogh, Sonya Smith, Linda Brown, and Gary Perdew. Com. Bruhn requested this team not be bogged down with recreation needs, but concentrate on the finance aspects and design etc.,. Com. Hutchinson suggested staflÍnish with what has been requested, and from here on out a report be presented to the Board at every meeting. The County Administrator re-capped the Board's requests: 1. Zones are okay with the exception that Indian River Estates and White City will be combined, there will be 4 zones and the Commissioners names will be deleted. 2. Need to detennine what activ( "('(Tcalion parcels are required, regional parks will be different sizes, based on needs 3. Linda Brown will check with the cities to see where they are in process at this point and also get a time frame from the cities on how long it will take to complete the assessment. 4. Will be coordinating with the Recreation Advisory Board on this issue. They are reviewing a needs assessment now and will be completing this at their May meeting and will report back to the Board. 5. The following Tuesday a report will be given' as to what occurred at the Recreation Advisory meeting. 6. Inventory existing lands available including acreage to include the School Board and the two cities inventories and place on the GIS. To include private lands available. -8- '-' ,..", 7. Staff will try to define what areas they feel they need professional assistance on and walk around to Board to see if they concur, and then ask Glatting, Jackson to give us a cost proposal for their services. 8. Also include implications of: existing revenue streams, do we need a referendum, can it be bonded etc.,. I . Com. Coward asked if in their determination of what outside assistance is needed will be based on current staff or the positions which will be filled and what affect bringing the people on board will have. The County Administrator stated this will be taken into consideration. The Board concurred with the 8 items listed as presented by the County Administrator. B. Bi-Weekly Committee Reports- The Board gave an update on the various committees and advisory boards they serve on. RA-l COUNTY ATTORNEY (2-0778) Environmentally Sensitive Lands/North Fork St. Lucie River/Status Update- Consider staff recommendation to 1) direct staff to continue to pursue a partnership agreement with DEP to fund the acquisition of North Fork properties; 2) authorize the Chairman to send a letter to the County's legislative delegation requesting assistance in obtaining the agreement with DEP; and 3) in the interim, determine whether to direct staffto acquire the North Fork parcels even in the absence of an agreement with DEP and see reimbursement from Florida Forever program. The County Attorney suggested eliminating the SFWMD( due to lack of funding) from the process and dealing directly with the DEP. oii< It was moved by Com. Coward, seconded by Com. Bruhn to approve staff recommendation I , and 2, with direction given on number 3; and, upon roll call, motion carried unanimously. 3) The County Attorney suggested doing the due-diligence(wh:ch includes the appraisals) on the parcels and possibly get option agreements on them allowing the Board flexibility. Staff was directed to bring back more information on the parcels which are currently on hold and find out whether the county wishes to proceed even if the matching funds are not available, staff will report back to the Board on the parcels in yellow and give the Board recommendation on the due-diligence cost and whether it is appropriate to move fOIWard immediately or wait. Staff was also directed to re-fine the colored map. Com. Barnes requested certain parcels between the turnpike and 1-95 be assessed to see if they are quality lands. There being no further business to be brought befo~e the Board, the meeting was adjourned. Chairman Clerk of Circuit Court -9- , '-' ...,,¡ . MAY 1, 2001 7:00 PM 4 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 o~. 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. 1 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 tiroe. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a tiroe. 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 COIVIMISSION- 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- Tiroe is allotted at the begirnùng 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 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 TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. / '-' ....; www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA May 1, 2001 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes qf the meeting held April 24, 2001. 2. ~/% 3. PROCLAMATION/PRESENTATION 1 Sunrise Theatre - Staff requests direction on funding the Sunrise Theatre. . GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBUc HEARINGS COMMUNITY DEVELOPMENT SA. Resolution No. 01-016 /Ouasi-judicial / Wetwol Construction - Consider staff recommendation to approve the resolution granting a change in zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District to allow for the relocation of a construction office as a dual use within an existing real estate office. Location: 909 West Midway Road, southeast corner of the intersection of Midway Road and Elm Avenue 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 of the proceedmgs and for such purpose may neea to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying duri:ng a he.ari~g will be ~w!,rn in.. Any pat1Y to the proceedìngs will b.e gral!ted.t}1e opportunity to cross-examme any mdlVldual testlfymg durmg a hearmg 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 TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. , '-' ...., REGULAR AGENDA MAY 1, 2001 PAGE TWO PUBUc HEARINGS (CONTINUED) COMMUNITY DEVELOPMENT (CONTINUED) SB. ~ GD I Resolution No. 01-01S /Ouasi-Judicial / Pan Am International Flight Academy (Ernesto Velasco, Agent) - Consider staff recommendation to approve the resolution granting a Major Adjustment to the existing St. Lucie County International Airport Conditional Use for the project known as Pan Am International Flight Academy for the addition of two (2) student dormitories. Location: South side of Pan Am Way, approximately ISO feet west of Curtis King Boulevard. COUNTY ATTORNEY ~~ Sc. V II ÞJ i , ..,' 1 Ordinance No. 01-0S / Local Option Motor Fuel Tax Extension - Consider staff recommendation to adopt Ordinance No. 01-0S as drafted. This item was continued from the April 17, 2001 meeting. . End of Public Hearings 6. ADMINISTRATION Recreation Update - Staff will give a progress report to the Board. , '- -' CONSENT AGENDA Mav 1. 2001 1. WARRANTS LIST Approve warrants list No. 30. 2. PUBLIC WORKS A. Engineering / Taylor Creek/C-2S Restoration Dredging Project - Consider staff recommendation to approve Work Authorization No. 1 with BCI Engineers, Inc., in the amount of $137,000 for design and permitting, and authorize the Chairman to sign the authorization. f B. Engineering / Taylor Creek/C-2S Restoration Project - Consider staff recommendation to approve the Cooperative Agreement with South Florida Water Management District in the amount of $700,000, and authorize the Chairman to sign the agreement. 3. COUNTY ATTORNEY St. Lucie Village / Road;'Public Buildings, Library and Parks Impact Fees - Consider staff recommendation to approve the Interlocal Agreements and the Memorandum of Understanding, and authorize the Chairman to sign the agreements and memorandum. 1 4. CENTRAL SERVICES . A. RFP No. 01-043 / Professional Landscape Architect & Planning Service Continuing Contract - Consider staff recommendation to approve the selection committee evaluation and choice of Glatting Jackson Kercher Anglin Lopez Rinehart, Gee & Jenson and Kimley-Horn allowing them to enter into a continuing contract with these three vendors. B. North Causeway Island Boat Ramp - Consider staff recommendation to approve final payment of retainage to Recreational Design & Construction for work completed at North Causeway Island Boat Ramp. '- Agenda Request IterT~ber R-- A- r Date: May 1 , 2001 Consent Regular Public Hearing leg. [ ] [ ] [X] [ ] Quasi-JD [ X ] SUBJECT: Distance Waiver - Quarterdeck Bar & Grille :L unity evelopment Director To: Submitted By: Board of County Commissioners Community Development Director BACKGROUND: Mr. and Mrs. Jackson have applied for a distance waiver from arious uses for their proposed business. The land Development Code is unclear as 0 the limitations on this waiver. FUNDS AVAilABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board interpret the intent of Section 7.10.11 of the land Development Code, entitled "Distance Requirements for Alcoholic Beverages." CURRENCE: COMMISSION ACTION: L"] APPROVED 0 OENIED [!] OTHER Direct: ~+;::¡ f'f' t-,.... ;;:a~nert.ice waiver hAArin~ ¥nr Miy 15th. Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other; Purchasing; Other: '-' -' MEMORANDUM COMMUNITY DEVELOPMENT Planning Division Date: Board of County Commissioners David Kelly, Planning Manager rJ'L May 1, 2001 To: From: Subject: Quarterdeck Bar and Grille Mr. and Mrs. Jackson, owners of the proposed Quarterdeck Bar and Grille, located at the southeast corner of Okeechobee Road and South 35th Street, have applied for a waiver from the minimum distance requirements from their proposed eating and drinking establishment, to the First Methodist Church that is located at the northeast corner of Okeechobee Road and South 33rd Street. During staff's analysis of the request for waiver, it was determined that not only was First Methodist within the minimum separation radii, but two other churches and Fairlawn Elementary School were also within the minimum distance and must also be considered as part of this waiver request. Staff has reviewed all of the distance issues concerning the churches and determined that based on the information developed, Mr. and Mrs. Jackson would be eligible to apply for a waiver of the distance requirement. The Board of County commissioners would still have to approve such a request, but the option to apply for it does exist. However, staff has not been able to make a similar finding concerning the relationship of Quarterdeck Bar and Grille and Fairlawn Elementary School. This memorandum and tonight's discussion are intended to clarify that situation. Section 7.10.11 of the Land Development Code (copy attached) regulates the minimum separation required distance from establishment selling alcoholic beverages for on- premises consumption to various uses such as churches, schools, and parks. Subsection A of this Section establishes a 1,600 foot minimum required separation between these uses. Subsection B of this section discusses how the distance is to be measured, and Subsection C of this Section allows for and sets standards for applying for a waiver to these minimum separation standards. Within Subsection B is a paragraph which states that in no case shall the minimum separation distance be less than 1,000 feet when measured in a straight line from building corner to building corner. , '- .....; Staff has interpreted this to mean that a waiver may not even be applied for if this minimum distance is not met. In the case of Fairlawn Elementary, the distance between the school and the Quarterdeck Bar and Grille is less than 800 feet. Staff informed the applicants that a waiver was not available, offered to refund the application fee, and did not schedule a waiver hearing. Mr. and Mrs. Jackson requested to be, and were, placed on the April 18, 2001, Board of County Commissioner's agenda to discuss this item. Just prior to that meeting a rereading of the Section 7.10.11 by other staff members has provided a slightly different interpretation of the intent and meaning of Subsection B, which could effect the ability of the Jacksons to seek the requested waiver. The Board briefly heard from the Jacksons and directed staff to research the matter further. Staff has thoroughly researched all available information including minutes of all related meetings and, as stated above is unable to determine the clear intent of the waiver provisions or of the intent of the Commission at the time the code was adopted in 1989 and subsequently amended in 1991. Staff and the applicants are now asking that Board provide a legislative interpretation of Section 7.10.11. Staff has been very thorough in its attempts to interpret this section of the code and believe that further investigation would not be productive. We recommend that the Board instead simply determine whether it wishes to have the authority to grant a waiver to a restaurant at any distance from these other uses, or whether it wishes to maintain a minimum 1000 feet in which no waiver is possible. During our research, it was determined that in 1999, the State established a minimum separation of 500 feet between uses such as these. Even if the Board determines that it wants the authority to grant waivers at any distance, this new law would prohibit those less that 500 feet unless the Board approves the location as promoting the public health, safety, and general welfare of the community. Based on your deliberations and decision on this matter, staff will prepare and bring forward an amendment to the code to clarify this matter. cc: County Administrator County Attorney Community Development Director '-' wi Section 7.10.00 Supplemental Standards 7.10.11 DISTANCE REQUIREMENTS FOR ALCOHOLIC BEVERAGES A. DISTANCE RESTRICTIONS FOR PERSONS SELLING OR TRANSFERRING ALCOHOLIC BEVERAGES No sales or transfers of alcoholic beverages for on-premises consumption shall be permitted except as noted below, within one thousand six hundred (1 ,600) feet of a religious facility, school, public park, or public playground. This section shall not be applicable to sales or transfers by any license holder whose use of his premises for such sale existed before the establishment of the use of the religious facility, school, public park, or public playground, or when the religious facility is located in a CG (Commercial General) zoning district as a temporary use pursuant to Section 8.02.02(H). B. MEASUREMENT The manner of measurement of the distance referred to in Section 7.10.11 (A) above shall be as follows: Begin at the main entrance of the church or school building or a public park or playground, regardless of which zoning they are in, thence run to the centerline of the street right-of-way in front of such entrance, thence along the centerline of such street right-of-way to a point immediately opposite the main entrance of the proposed licensed premises, thence to the center of the main entrance of the building of the proposed licensed premises. If there is more than one public entrance to an establishment, the main entrance shall be construed to mean the principal or leading entrance to the premises involved and to which the traffic route, whether vehicular or pedestrian, of those going to and from said premises chiefly directs itself. However, in no case shall the distance between a licensed establishment and a religious facility, school, public park, or public playground be less than one thousand feet (1,000) measured by a straight line between the nearest corners of the establishment and a religious facility building, or in the case of a school, public park, or public playground, measured by a straight line between the licensed establishment and the park, playground, school building, or school playground area. C. WAIVER PROVISION FOR BUSINESS SELLING OR TRANSFERRING ALCOHOLIC BEVERAGES AS AN ACCESSORY TO AN EATING PLACE Any person whose location or place of business does not meet the distance restrictions in Section 7.10.11 (A) and who is proposing to sell or transfer alcoholic beverages for on-premises consumption as an accessory to an eating place may have this distance waived in the following manner: 1. A request for waiver may be initiated by filing an application in writing for such waiver with the Community Development Director. 2. The Community Development Director shall schedule a public hearing before the Board of County Commissioners in accordance with the requirements of Section 11.00.00 of this Code. Adopted August 1, '990 529 Revised Through 08101/00 '-' -' Section 7.10.00 Supplemental Standards (" 3. An applicant operating a drinking place accessory to an eating place for which such waiver is sought must: a. Dispense sales of beer, wine or liquor only to persons patronizing the establishment for the main purpose of ordering and consuming food. b. Have permanent kitchen facilities located within the premises in which meals are regularly prepared for service to patrons of the establishment. 4. A waiver of distance requirements under this section shall be granted only in the event it does not adversely affect community health, safety or general welfare and in connection therewith there shall be considered the following: a. The actual location and distance of the proposed establishment with respect to other places of business licensed to sell intoxicating beverages, whether on or off the premises, as well as churches, schools, public park or public playground. . b. The type and size of the establishment, including bar floor space and seating capacity, capable of seating not fewer than thirty-five (35) persons simultaneously for the purpose of consuming food, and whether, in view of such type or size, the proposed establishment is likely to create a public nuisance or traffic impediment by drawing crowds or persons milling about outside the buiiding. c. Whether adequate parking and landscaping for the facility is provided so as to meet the requirements set forth in Sections 7.06.00 and 7.09.00 of this Code. í d. Whether the facility is physically separated or sufficiently well buffered from all adjacent residentially zoned areas; schools, churches, public parks and public playgrounds. e. Whether, if the facility is located with sixteen hundred (1,600) of a church, school, public park or public playground, it will generate traffic which may adversely affect the safety of persons attending or using such church, school, public park or public playground. 5. Before any action is taken upon any application as provided in this section, the applicant shall deposit with the Community Development Director, the sum of three hundred dollars ($300.00) to cover the approximate cost of the procedure and such sum is not refundable in any event. D. EXCEPTION Provided, however, the distance restrictions set out in sections A, B, C shall not apply to licenses when located within a hotel or motel of one hundred (100) rooms or more with restaurants with a minimum seating capacity of two hundred (200) containing a minimum of four thousand (4,000) square feet. Adopted Augusl1, 1990 530 Revised Through 08/01/00 ~ '- ...., AGENDA REOUEST ITEM NO. C-A-I DATE: 05/01/01 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [ ] Quasi-Jud. [ . PR?SEN-'I'-ED B -: ( -~¿¿ 4 '-_~" ¿L- ommunity Dev. Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Communi tv DeveloDment SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: X] APPROVED ] OTHER: County Attorney: .)0 1..- ¿-:. Consider Draft Resolution 01- 022 approving the request of American Concrete for a Major Adjustment to a Minor Site Plan Approval for the project known as American Concrete located at Rock Road in the IH (Industrial, Heavy) Zoning District Petition of American Concrete to consider Draft Resolution 01- 022 which would grant a Major Adjustment to a Minor Site Plan Approval for the project known as American Concrete to allow for the addition of 16,125 square feet of manufacturing space to an existing 12,250 square foot facility for a total of 28,750 square feet of space. , N/A. None. Approve Draft Resolution 01-022, granting a Major Adjustment to a Minor Si te Plan approval for the proj ect known as American Concrete on 10.00 acres of property located at 350 North Rock Road. DENIED s M. Anderson y, Administrator Review and Approvals Management & Budget: Other: Purchasing: Other: Originating Department: Finance: (Check for Copy only, if applicable) " '-' .,,¿ COUNTY COMMISSION REVIEW: 05/01101 Resolution 01-022 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: April 30, 2001 Subject: Consider Draft Resolution 01-022 approving the request of American Concrete for Major Adjustment to a Minor Site Plan Approval for the project known as American Concrete. American Concrete has applied for a major adjustment to an existing minor site plan approval for the project known as American Concrete to allow for the expansion of an existing concrete manufacturing facility located on 10.00 acres ofland at 350 North Rock Road. The project consists of the addition of 16,125 square feet of manufacturing space to an existing 12,250 square foot facility for a total of 28,750 square feet of space. Staff has reviewed the request for a major adjustment to a minor site plan approval and has determined that it is consistent with the St. Lucie County Land Development Code, and not in conflict with the Goals, Objectives, or Policies of the St. Lucie County Comprehensive Plan. Attached is a copy of Draft Resolution 01-022, which, if approved, would grant this request for a Major Adjustment to a Minor Site Plan Approval. Staff recommends approval of Draft Resolution 01-022. SUBMITTED: /ì .... Ç]' jì r-- Y--;:¿é, _/) !cj'-L-<-{J..¿:>----- JuliiShewchuk, AICP C6mmunity Development Director v' cc: Bob Snowe Eric Zeis, P .E. File " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 "'-' -' RESOLUTION 01-022 FILE NO.: MJSP-01- A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO A MINOR SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS AMERICAN CONCRETE j I WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. American Concrete has applied for major site plan approval for a concrete manufacturing facility on 10.00 acres of land located at 350 North Rock Road, in the IH (Industrial, Heavy) Zoning District. The project consists of the addition of 16,125 square feet of manufacturing space to an existing 12,250 square foot facility for a total of 28,750 square feet of space. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements of the St. Lucie County Land Development Code and to be consistent with the future land use maps from the St. Lucie County Comprehensive Plan. 3. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue àdverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. May 1, 2001 Resolution 01-022 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 \w ..." 7. The proposed project will be served by adequate public facilities and services. 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. t NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for the project to be known as American Concrete, is hereby approved as shown on the site plan drawings for the project prepared by Culpepper & Terpening, Inc. dated March 6, 2001, and date stamped received by the St. Lucie County Community Development Director on March 28, 2001, for the property described below, subject to the following condition: The area to the rear of the building shall not be used for the placement and parking of any equipment, products, or vehicles. B. The property on which this Major Adjustment to a Minor Site Plan is granted is described as follows: BEGINNING AT A CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 89'49'03" WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 1,368.32 FEET, TO A CONCRETE MONUMENT ON THE EAST RIGHT-OF-WAY OF ROCK ROAD AND BEING 25 FEET EAST OF THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4; THENCE RUN NORTH 00'07'28" WEST, ALONG THE SAID EAST RIGHT-OF-WAY, A DISTANCE OF 315.74 FEET, TO A CONCRETE MONUMENT; THENCE RUN NORTH 89'36'20" S EAST, A DISTANCE OF 1,369 FEET, TO A CONCRETE MONUMENT ON THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4; THENCE RUN SOUTH 00'00'17" EAST, ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4, TO THE POINT OF BEGINNING, ALL LYING AND BEING IN SECTION 11, TOWNSHIP 365 SOUTH RANGE 39 EAST ST. LUCIE COUNTY, FLORIDA AND CONTAINING 10.00 CARES MORE OR LESS. (TAX ID#: 2311-123-0001-000/6) (Location: 350 North Rock Road) CONTAINING 10.00 ACRES, MORE OR LESS. May 1, 2001 Resolution 01-022 Page 2 ., \w ~ 1 C. The approvals and authorizations granted by this Resolution for the purpose of 2 obtaining building permits on this property, shall expire on May 1, 2003, unless the 3 developer has obtained building permits for the site plan described in Part A or an 4 extension has been granted in accordance with Section 11.02.06, SI. Lucie County 5 Land Development Code. 6 7 D. The Final Site Plan approval granted under this resolution is specifically conditioned 8 to the requirement that the petitioner, American Concrete, including any successors 9 in interest, shall obtain all necessary development permits and construction 1 10 authorizations from the appropriate State and Federal regulatory authorities, 11 including but not limited to; the United States Army Corps of Engineers, the Florida 12 Department of Environmental Protection, and the South Florida Water Management 13 District, prior to the issuance of any local building permits of authorizations to 14 commence development activities on the property described in Part B. 15 4 16 E. A copy of this resolution shall be attached to the site plan drawings described in Part 17 B, which plan shall be placed on file with the SI. Lucie County Community 18 Development Director. 19 20 F. The certificate of capacity, attached as Exhibit A, shall be valid for the same period 21 as this order. If this order expires or otherwise terminates, the certificate of capacity 22 shall automatically terminate. 23 24 G. A copy of this Order shall be mailed, return receipt requested to the developer and 25 agent of record as identified on the site plan applications. 26 27 H. A copy of this Order shall be attached to the site plan drawings described in Section 28 A, which plan shall be on file with the SI. Lucie County Community Development 29 Director. 30 ~ 31 I. This Order shall be recorded in the Public Records of SI. Lucie County. 32 33 After motion and second, the vote on this resolution was as follows: 34 35 Chairman Frannie Hutchinson XXX 36 37 Vice-Chairman Doug Coward XXX 38 39 Commissioner Paula A. Lewis XXX 40 41 Commissioner John D. Bruhn XXX May 1, 2001 Resolution 01-022 Page 3 .- ..,,/ ~ 'wtJI ITEM NO. ~ AGENDA REOUEST DATE: MAY 1, 2001 PUBLIC HEARING ] f REGULAR [XX] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : ADMINISTRATION DOUG ANDERSON t SUBJECT: SUNRISE THEATRE FUNDING REQUEST BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL. SEE ATTACHED MEMORANDUM PREVIOUS ACTION: AUTHORIZATION WAS GRANTED TO STAFF TO ASSIST THE SUNRISE THEATRE IN APPLYING FOR THE NATIONAL ENDOWMENT FOR THE HUMANITIES CHALLENGE GRANT IN AN AMOUNT UP TO $1,000,000. RECOMMENDATION: STAFF IS REQUESTING DIRECTION ON FUNDING THE SUNRISE THEATRE FROM COUNTY FUNDS.. [X] APPROVED DENIED [ ] OTHER: Vote on Funding - (3-2) Coward & Lewis-No AS M. ANDERSON ty Administrator COMMISSION ACTION: Review and ADDrov County Attorney: Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ___ Eff. 5/96 '" """ -' M E M 0 RAN DUM #01-61 FROM: BOARD OF COUNTY COM~~ DOUGLAS M. ANDERSO~~NTY ADMINISTRATOR TO: DATE: APRIL 25, 2001 SUBJECT: SUNRISE THEATRE This is a follow up to my March 15 memorandum (attached) discussing the Sunrise Theatre funding request. As you know, the County was working with the Sunrise Theatre to apply for the National Endowment for the Humanities Grant in the amount of $700,000- $1,000,000 for this project. During the process Jody Bonet has learned that the Sunrise Theatre will not be eligible for this grant at this time. (See attached memorandum) Commissioner Barnes requested that staff review the County's various revenue streams for $1,000,000. A portion of the funding would come from this year's budget while the remaining portion would come from next year's budget. If the Board approves funding $1,000,000 for the Sunrise Theatre, these funds would become available after October 1, 2001. Please find outlined below an explanation for these funding sources: 1 a) Tourist Development Council $120,000 (The TDC has a reserve from previous years of $220,000. The Board would have to amend the Ordinance allocating these funds to the Sunrise Theatre.) b) Alternative to Tourist Development Council Fun~sh Carry Forward. $130,000~ (Each year the County has a cash carry forward derived from non-expended funds and revenues exceeding budget. Although we are still calculating this year's cash carry forward, it will exceed last year's and would cover the $250,000.) 2. Utility and Cable Franchise Fees $200,000 (These fees are collected in the unincorporated area of the County.) a) Two Tennis Courts - Lawnwood $125,000 (The County is reviewing the possibility of holding a countywide referendum to fund a regional parks system. If this referendum is approved, these Tennis Courts would be funded from this program. If not approved, funds wQuld have to be allocated in future years.) b) Amphitheater $ 75,000 (Next year's capital budget includes $75,000 toward the Amphitheater. Fort Pierce has indicated they will accept responsibility for the Amphiìheater if the Sunrise Theatre is funded by the County. Therefore, these funds could be allocated to the S u mise Theatre.) , ...... SUNRISE THEATRE - MEMORANDUM #01-61 . March 25, 2001 Page 2 ..." 3. Courthouse Renovation $200,000 (Approximately $900,000 has been previously set aside for Courthouse renovation. Following the end of the past fiscal year we have identified $200,000 in unallocated utility franchise fees. As part of the upcoming budget process, staff was going to recommend that this $200,000 be allocated to the Courthouse renovation account. This money could be used for the Sunrise Theatre. Staff would then recommend budgeting these funds in future years) 4. General Fund Contingency $350,000 (The County loaned $200,000 to the Smithsonian project in lieu of a FRDAP grant that we have applied for. Staff is optimistic that we will receive this grant. Once the General Fund Contingency is reimbursed this amount could be used for the Sunrise Theatre. The remaining $150,000 of the $1,000,000 allocation would come from General Fund Contingency. This would leave a balance of $443,000 in General Fund Contingency.) To date the Sunrise Theatre has received grants, contributions and pledges totaling $3,728,400. $1,258,400 1,000,000 1,350,000 120.000 $3,728,400 State of Florida City of Fort Pierce Pledges and Donations CRA - Money has been expended In addition to the City taking over the operation and maintenance of the Amphitheater, Dennis Beach has said that he would support recommending to the City Commission the allocation of the City's portion of the Fort Pierce Park Impact Fees to the new fairgrounds. The approximate balance in this account is $125,000. DMA:es01-61 c: Marie Gouin, ManagemenUBudget Director Julia Shewchuk, Community Development Director Pete Keogh, Parks & Recreation Director Ray Wazny, Public Works Director Dan Mcintyre, County Attorney Robert Bradshaw, Assistant County Administrator '-' -' MEMORANDUM -#01-46 TO: BOARD OF COUN C ,~ONERS UNTY ADMINISTRATOR FROM: DOUG ANDERSON DATE: MARCH 15,2001 SUBJECT: SUNRISE THEATRE FUNDING REQUEST As directed by the Board of County Commissioners you requested me to identify funding sources that mayor may not be used toward the Sunrise Theatre funding request. Outlined below is that analysis: ANALYSIS OF POSSIBLE COUNTY FUNDING SOURCES 1. Tourist Development Council (TDC) - The TDC indicates that they have limited funding available, approximately $134,000 annually, which is designated for advertising. However, they do have $224,064 in undesignated reserves. Some or all of this amount could be made available for other projects such as the Sunrise Theatre. However, it would require the Board to adopt an ordinance at a public hearing changing the allocation of the third cent tax. 2. Impact Fees - Public Building Impact Fees could not be used for this facility since it is not a public building. 3. Utility and Cable Franchise Fees - These fees are collected in the unincorporated area of the county and total approximately $3,400,000 annually. They are used for county capital improvement projects. Beiow is a breakdown of the budgeted use of these funds: Leisure Services Projects $ 526,315 ($500,000 is budgeted annually, the $26,315 is carried forward from last year) Central Services - 1,052,635 (Building renovations and improvements - $529,000 of this amount was placed in the Courthouse Renovation Account and $250,000 is for a roof replacement on one of the jail pods. In future budgets, based on availability offunding, we will be recommending to the Board that we increase the amount set aside for Courthouse renovation.) 1 , '-' ...., Annual Fleet Replacement 526,315 South County Regional Football/ Soccer Stadium Construction* Total 2000/2001 Budget 140,478 400,000 699,522 100.000 $3,445,265 I Public Works - Operations Public Works - Infrastructure MSBU Revolving Loan Fund *This is a one-time budgeted use for these funds. Monies from this source could be allocated to the Sunrise Theatre if the Board determined that the expenditure benefitted the unincorporated residents. However, other budgets would have to be reduced by an equal amount. . 4. Non Ad Valorem Bond IssI:ie - A funding source would have to be dedicated to pay the debt service on a bond issue such as utility franchise fees. $2,000,000 paid back over 10 years would cost approximately $357,000 on an annual basis. This bond issue would not require voter approval. 5. Sales Tax Referendum - Mike Brown, Sr. requested that County staff look at what an increase of % percent in the sales tax for one year would generate. If adopted, the tax would generate $8,200,000 in one year. Adoption of the tax would require a county wide voter referendum and revenues from the tax would have to be shared with the cities and St. Lucie Village. The County would receive approximately $4,500,000, the City of Fort Pierce $1,100,000, the City of Port St. Lucie $2,400,000 and St. Lucie Village $19,000. 6. Ft. Pierce Amphitheater Operatina Costs - The annual net operating costs after revenues for the Amphitheater are $2,100. If this facility was turned over to the City of Ft. Pierce, this money could be reprogrammed to another area in the budget. Also, the City of Ft. Pierce has identified approximately $372,000 in capital improvements to this facility that they would like to see done. $75,000 is budgeted in the County's five year capital budget in year 2002.. Obviously if this facility were turned over to the City these improvements would no longer be the responsibility of the County. 7. General Fund Continaencv - The County began the year 2000/2001 with $1,000,000 in the General Fund Contingency. We currently have $685,891 remaining. $200,000 was loaned from the $1,000,000 to the Smithsonian Marine Ecosystem Exhibit Project. We have applied for a FRDEP grant in the amount of $200,000 to be applied to the loan. Monies from this source could be allocated to the Sunrise Theatre. 8. National Endowment for the Humanities Challenae Grant - St. Lucie County is assisting the Sunrise Theatre in applying for this grant. This grant is up to $1 ,000,000 and requires a three to one match from other funding sources. The matching funds have to be 2 / '- 'Wf/I obtained between December 1,2000 and July 31,2002. The Board approved an agenda item on March 13th authorizing County staff to assist the Sunrise Theatre to apply for this grant. The Sunrise Theatre is the applicant. The grant application deadline is May 1, 2001. Attached is a memorandum discussing the funding sources for two (2) County owned projects; the Smithsonian Marine Ecosystem Exhibit and the South County Regional Football/Soccer Stadium. I have tried to look at all of the different and potential revenue streams available to the County for funding non-county owned capital projects. Mr. Brown has told me that the Sunrise Theatre would not require the $2,000,000 from the County until all of the other funding is in place. DMA:es01-46 c: Marie Gouin, ManagemenUBudget Director Pete Keogh, Parks & Recreation Director Ray Wazny, Public Works Director Julia Shewchuk, Community Development Director Robert Bradshaw, Assistant Countý Administrator Dan Mcintyre, County Attorney . 3 '-' -.""I ~ . tn-.. . ~ .' ~, . ~òR\Q\» MEMORANDUM - #01-47 FROM: DOUG ANDERSON, UNTY ADMINISTRATOR MARCH 14,2001 ¡ ¡ TO: BOARD OF COUN DATE: SUBJECT: SMITHSONIAN MARINE ECOSYSTEM EXHIBIT & SOUTH COUNTY REGIONAL FOOTBALUSOCCER STADIUM FUNDING ANALYSIS . BREAKDOWN OF FUNDING SOURCES FOR THE COUNTY OWNED SMITHSONIAN MARINE ECOSYSTEM EXHIBIT AND THE REGIONAL FOOTBALUSOCCER STADIUM: 1. Smithsonian Marine Ecosvstem Exhibit- St. Lucie County Funding: $ 300,000 Capital Fund 100,000 Public Building Impact Fees 40,000 Investment For The Future - South Causeway Island Improvements 70,000 Balance From Completed Projects Under Budget $ 510,000 Total County Share Other Funding Sources: $ 170,000 City of Ft. Pierce 200,000 FRDAP Grant 143,800 Smithsonian Institution - Aquarium Construction 31,000 Ft. Pierce Utilities Authority 20,000 IRCC 12,000 South Florida Water Management District $ 576,800 Total Other Funding Sources $1,086,800 Grand Total "" ...., Smithsonian - Football/Soccer Stadium Page 2 The St. Lucie County School District will contribute $21 ,000 annually toward the operating costs. We are also recommending that $20,000 ofthe annual operating costs be funded by Tourist Development Funds. 2. South County ReQional Football/Soccer Stadium- i SI. Lucie County Funding: $ 516,000 Park Impact Fees 140,477 Investment For The Future Funds I $ 656,477 Total County Share 4 Other Funding Sources: $ 300,000 FRDAP Grant 400,000 School Board 8,945 Interest 38,250 Donations 70,500 Pouring Rights Net Of Interest Costs (100,000 gross) $ 817,695 Total Other Funding Sources $1,474,172 Grand Total ·,/'-" '-' ....I FROM: INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA n ~ Robert Bradshaw, Assistant County Administrator þI~ ~ 10 \ Daniel S. McIntyre, County Attorney ~_..._ .___ _.' _ ..;:. . ; ."¡ ~ r' ß 0 U Œ ¡. O~294 I~ TO: C.A. NO. \ ~ ;; \¡ DATE. f""ewcy 26.2001 C': MAR 5 1001 j U, SUBJECT: Funding of Sunrise Theatre c, ,. . :. :_ Æ ==~======================================================-----=================~ This memorandum is in response to the question bf the Citizen's Budget Committee as · to as to whether County funds may be used to 'fund the construction/renovation of the Sunrise Theatre. As a general rule, public funds may only be used for public purposes and not for private purposes. In each case, the Board of County Commissioners has to determine whether a proposed use of County funds promotes a public purpose. Article VII, Section 10 of the Florida Constitution prohibits a local government from using its taxing power or credit to aid any private corporation, association, partnership or person. The intent of this section is to protect public funds from being used to promote or assist private ventures when the public would only benefit incidentally. See, Bannon v. Port of Palm Beach, 246 So.2d 737, 741 (Fla. 1971). A review of the cases construing Article VII, Section 10 of the Florida Constitution indIcQ.!çs_ th.Qt w_hetfwr the use of public funds is appropriate is dependent on the extent to which the facilities are available tofh~general public. Florida courts have held tható. .n " ...... ..." governmental entity may use a nonprofit corporation to accomplish a public purpose with control assuring public benefit. Raney v. City of Lakeland, 88 So.2d 148 (Fla. 1956) , Under the:e general guidelines, I think County funds could be used to support the construction of the Sunrise Theatre pr.ovided there is some assurance and control insuring j ~ that the facilities are available for public use on a non-discriminatory basis. Some examples of where County funds may be legally expended to assist in the construction of the Sunrise Theatre are as follows: 1. If the theatre property was owned and ciperated by a nonprofit corporation 4 provided there were sufficient controls in place (e.g. restrictive covenants) providing for ~ I public access to the facility on a nondiscriminatory basis. 2. If the theotre property were owned by a governmental entity (e.g. the City of Fort Pierce) and leased to a nonprofit corporation to operate the theatre, provided the lease had adequate controls to assure public access to the facilities. DSM/caf Copy to: Board of County Commissioners County Administrator ~-'~-" -~ ~_._ .__ ___un ----------- .-------.--- . _ __ _ n_ ____.___n - ..._..~._-_. -~------ -------~------_._---- -------.----- .__"n"._._n. -- .--..----- ,if """ ..,.¡ OFFICE OF MANAGEMENT & BUDGET P~fl MEMORANDUM #01-45 ~ TO: FROM: DOUG ANDERSON, COUNTY ADMINISTRATOR MARIE GOUIN, OMB DIRECTOR p\ 11\0 JODY BONET, GRANTS WRITER cf- SUNRISE THEATER NATIONAL ENDOWMENT FOR HUMANITIES GRANT. THROUGH: SUBJECT: DATE: April 24, 2001 When I first reviewed the attached information on this grant program, it looked appropriate to fund the renovation goals of the Sunrise Theater. However, Andrea Anderson from NEH explained that the National Endowment for the Humanities (NEHI primarily funds humanities programming and only renovation when it is associated with humanities programming. Although their web page states the NEH Challenge Grants funds construction and renovation, Ms. Anderson explained that past funded NEH projects are for renovation andlor construction projects that expand art galleries, universities, historic sites and library classrooms that will expand educational and humanities programming. The NEH web page on Kinds of Activities Eligible for Support stated, "Where the need is compelling and clearly related to the improvements in the humanities, some direct expenditures may be allowable. Such outright expenditures, which may be combined with endowments, must be for items that have inherent longevity; for example, materials that enhance library or museum collections, permanent orientation exhibits, construction or renovation..." Many of us feel that renovation of a historic theater would significantly improve the humanities for the area. However, NEH staff did not feel that renovation of a theater would ensure that humanities programming would occur on site unless funds were set aside for programming. She recommended that the grant application include requested and match funds toward educational programming and an educational endowment to ensure that there is a lecture series or other programming focusing on humanities. In addition, I realized theater, opera and dance is considered an art but once there is a lecture discussing the performance, it is considered humanities and thus within their funding requirements. I have informed the Executive Director of the Sunrise Theater of the National Endowment of the Humanities recommendations to include educational programming and funds for an educational endowment in the grant application. Since there would be a better chance at being funded for a grant for educational and humanities programming than for one for strictly renovation, we will heed the advice of NEH and wait to apply when the Sunrise is ready to begin humanities and educational programming. CC: County Commission ill R (jù ß r ~'! r' "'"'ì' ~. U9 tS 11 1!1 i. I'r¡ If -~I ¡ ¡, 'i APR 2 4 2001 I æJ . ce... ADMiN. OFFICE --- "'" Chall~nge Grants .....--'_.......~-.__.., . ....,; http://www .neh.gov/grants/onebo okfchalkc C>""::>." ~ . ...t. .... !Œ :;:,'; 'i;i~~~~:'l &i-rcHd, JD-':A7<).'vC"'l1v¢ 2000 -2001 &i!. . ':f~1{~~.':1 N AT ION ALE N DO W MEN T FOR THE f:I U'M . 'N'H I E S f;,:'):Þ~"""""~";'.';,!:'~";~T';':-~:' i li~'}t:d1'w-:;-414.!.1'-"'~~'''' ",.".' ~ {~,~I'~.~j'~'f Gt{~r.~~f\~~ä{ :~~.~t~~,._;.~~~~..~ \ CHALLENGE GRANTS 202/606-8309 Office of Challenge Grants challenge@,neh.gov I I · · In order to complete this ripplication you will need to download the following forms and instmctions: « · . application cover sheet . financial summary (suggested format) Goals of the Program Challenge grants help institutions and organizations secureIong-term support for, and improvements in, their humanities programs and resources. Awards are made to museums, public libraries, colleges, historical societies, public television and radio stations, universities, scholarly associations, and other nonprofit entities to improve their financial stability and the quality of their humanities activities. Through these awards, many are able to shift programs from dependence on term funding to more secure support from an endowment. Many endow staff positions in the humanities and build new resources for financial support through increased attendance, membership, and emollment. II). special circumstances challenge grants can also help with limited direct costs, such as acquisitions, the purchase of capital equipment, constmction ªnd ren()vation, and even debt retirement. ~~-_.........~.. "-" Because of the matching requirements (see p. 11), these NEH awards also strengthen the humanities by encouraging nonfederal sources of support. Challenge grants are offered only when NEH funds will Jlli!1:b~¡gnificant impr~v.em~l¡t or prevent significant losses in humanities programs, help institutions carry out long-term plans for strengthening their basic resources and activities in the humanities, and enhance financial stability through increased nonfederal support. Who is eligible? .With the exception of elementary and secondary schools, any U.S. nonprofit institution .. Challenge Grants 10f9 . ¡ '"'" \ G1.-I? ,,~'6 P1.-(.79-1.-I?'I,¡'¡'ÞÓ 2000..2001 NATIONAL ENDOWMENT FOR THE CHALLENGE GRANTS - NJ_ -' G~k. - . 202/606-8309 Office of Challenge Grants challenge@neh.gov htt~w .neh.gov/grants/onebooklchaUenge. h ;~ 4 I t , · · In order to complete this application you will need to download the following forms and instructions: . application cover sheet . financial summary (suggested format) · · Goals of the Program Challenge grants help institutions and organizations secure long-term support for, and improvements in, their humanities programs and resources. Awards are made to museums, public libraries, colleges, historical societies, public television and radio stations, universities, scholarly associations, and other nonprofit entities to improve their financial stability and the quality of their humanities activities. Through these awards, many are able to shift programs from dependence on term funding to more secure support from an endowment. Many endow staff positions in the humanities and build new resources for financial support through increased attendance, membership, and enrollment. In special circumstances challenge grants can also help with limited direct costs, such as acquisitions, the purchase of capital equipment, construction ~d renovation, and even debt retirement. _~_",,<--"""""rc... Because of the matching requirements (see p. II), these NEH awards also strengthen the humanities by encouraging nonfederal sources of support. Challenge grants are offered only when NEH funds will Illi!kI:~¡g\lÌÍk@t impro.vem~J1t or prevent significant losses in humanities programs, help institutions carry out long-term plans for strengthening their basic resources and activities in the humanities, and enhance financial stability through increased nonfederal support. Who is eligible? ·With the exception of elementary and secondary schools, any U.S. nonprofit institution 1/29/20019:12 ft' Challenge Grants ....... http:!7Wf/!.v.neh.gov/grants/onebooklchallenge- " (public agency or private nonprofit organization) working wholly or in part with the humanities may apply for a challenge grant. Affiliated institutions (e.g., university museums) should consult with NEH staff on questions of separate eligibility. Education, public programming, scholarly research, and pre~ation programs are allowáb1e - ìfumaIrrlies actlvíties in this program. Subsequent ChalIenge Grants: t Institutions are permitted to hold or apply for only one NEH challenge grant at a time, but they are eligible to apply for subsequent NEH challenge grants beginning in the fourth year after the ending date of their most recent NEH challenge grant. For example, if a grant ends in 2001, the earliest year to submit a subsequent grant application would be 2005. · Activities supported by an NEH Challenge grant may not duplicate activities supported by the Plannin¡?; and Stabilization program of the National Endowment for the Arts (NEA). Institutions holding or anticipating an NEA Planning and Stabilization grant should consult with NEH staff before applying for a Challenge grant. 4 t t · · NEA Planning and Stabilization Grants: ~ The deadline for applications is May 1. · a When is the deadline? How much money can be requested? The requested grant amount should be appropriate to the humanities needs and the fund-raising capacity of the institution. The federal portions of Challenge grants have ranged in recent years from $20,000 to $1 million, which is the maximum amount that may be requested. -. What Kinds of Activities are Eligible for Support? Eligible uses: Both federal and nonfederal funds must provide long-term benefits to the humanities. Challenge grant funds should not merely replace funds already being expended on the humanities, but instead should reflect careful strategic planning to improve and strengthen the institution's activities in and commitment to the humanities. A common use of grant funds is the augmentation or establishment of endowment funds. Funds may be invested in an endowment that produces income to support humanities activities such as endowed positions, puhliG-pr.o~ing, cataloging of collections, fellowships, lecture series, visiting scholars, publishing subventions, hiring consultants, maintenance of facilities, faculty development, acquisitions, and preservation/conservation programs-. - ¡Where the need is compelling and clearl related to impro~J:j).jsJn.1Þe humanities, some direct expenditures may e al owable. Such outngIïtexpenditures, whiëhmaybê- combined with endowments, must be for items that have inherent longevity; for example, materials L;hat enhan.. ce libr.a.ry or museum collections, permanent orientation exhibits,.Ç9J!..§W.ÇJJgn.QI renovation offacilities, equipment, fund-raising costs (no more than 10 percent oftotal "Ii:,¡:n.~"'"""'''''''''''~~- \129/20019:12 Freqúently Asked Questions A~he NEH . . ,. IT- t ~ 0. N~wJ &E\leìtts Publkatlons State Councils THlchlJlg fJIFJu-d Röt/' [) Ðthfbl'li 800b&_ P~Mn'Dt/(J" ( S~;;r<¡;J <; - ç¿' V'..'''' , "S' '. {u \ ....: '-' ,_.\_\_~,x; ¡-{v,y''''' h,c,..'S' T~j'~ ,~ ('J:{'.J'~ :; GfI 10f3 http://www .neh.fed.u: ....,¡I..~weare/freqUently _asked_questions. l Ke.ep fúurst":U paned ~ch lh.:J NEH Outlook... Si~M UCi för do £,(:1': l!!"t1'I,3i) hew~h:~tti:r-~ Frequently Asked Questions What is the NEH? The National Endowment for the Humanities is an independent federal agency created in 1965. It is the largest funder of humanities programs in the United States. What does the NEH do? · I , The Endowment's mission is to enrich American cultural life by promoting knowledge of human history, thought and culture throughout the nation. The Endowment accomplishes that mission by providing grants for high-quality humanities projects in four funding areas: preserving and providing access to cultural resources, education, research and puhlic programs. · NEH grants typically go to cultural institutions such as museums, archives, libraries, colleges, universities, public television and radio stations, and to individual scholars. The grants: --~~J",_ 4 · -A · preserve and provide access to cultural and educational resources essential to the American people, , ':0 . strengthen teaching and learning in the humanities in schools and colleges across the nation, -;Ä . facilitate research and original scholarship in the humanities, "A · provide opportunities for lifelong learning in the humanities for all Americans, and ~ · strengthen the institutional base of the humanities. What are the humanities? According to the 1965 National Foundation on the Arts and the Humanities Act, "The term 'humanities' includes, but is not limited to, the study of the following: language, both moJieD!_aIld.cJassical; linguistics; literature; history: jurisprudence; philosophy; archaeology; comparative religion; ethifs; the his!!?,ry, criti"ismand t~,,"'Y_ofthe arts: those aspects of social sciences which have humanistic content amremploy humanistic methods; and the study and application of the humanities to the human environment with particular atrention to retksting_our diy~rse_heritage, traditions, and history and to the relevance of the humanities to the current conditions of national life." A copy of the NEH founding legislation is available here. How is the NEH structured and administered? The NEH has four divisions (preservation and Access, Research, Education, and Public Programs) and three offices (Challenge Grants, Federal-State Partnership, and Enterprise). The Endowment is directed by a chairman, who is appointed by the President and confirmed by the U.S. Senate for a term offour years. Advising the chairman is the 4/13120012:55 PM '- ...., BOARD OF COUN1Y COMMISSIONERS ADDITIONS AGENDA May 1. 2001 REGULAR AGENDA 4 COMMUN!1Y DEVELOPMENT R-A.l Distance Waiver / Quarterdeck Bar & Grille Consider staff recommendation that the Board interpret the intent of Section 7.10.11 of the Land Development Code, entitled "Distance Requirements for Alcoholic Beverages." CONSENT AGENDA COMMUNI1Y DEVELOPMENT C-A.l Resolution No. 01-022 / American Concrete Consider staff recommendation to approve the resolution granting a Major Adjustment to a Minor Site Plan Approval for the project known as American Concrete to allow for the addition of 16,12S square feet of manufacturing space to an existing 12,2S0 square foot facility for a total of 28,7S0 square feet of space. Location: 3 SO North Rock Road 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 re<:ord of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, Individuals testifying during a hearing will be sworn in. MY 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 shou1d contact the Sl Lucie County Community Services Manager at(56t) 462-1777 or TDD (561) 462-1428 atleast lorty-eight(48) hours prior to the meeting. - AGENDA REQUEST ITEM NO. tJ'1! '-' DATE: May 1, 2001 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 01-05 - Local Option Motor Fuel Tax Extension BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt Ordinance No. 01-05 as drafted. [~APPROVED [ ] DENIED [ ] OTHER: (5-0) D uglas Anderson County Administrator COMMISSION ACTION: Review and Approvals County Attorney: Management & Budget Purchasing: Originat ing Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 , '-' ...." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-537 DATE: Apri 110, 2001 SUBJECT: Ordinance No. 01-05 - Local Option Motor Fuel Tax Extension ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: The Board previously adopted the six cent ($0.06) local option motor fuel tax and a five cent $0.05) local option motor fuel tax. The first two cents ($0.02) of the five cent ($0.05) local option motor fuel tax is effective through August 31, 2015. Three cents ($0.03) of the five cent ($0.05) local option motor fuel tax currently is effective through December 31, 2004. It is requested that the Board extend the three cent ($0.03) local option motor fuel tax through August 31, 2015. Attached is a copy of Ordinance No. 01-05 which has been drafted to provide for the extension. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 01-05 as drafted. DSM/caf Attachment " "" .I ORDINANCE NO. 01-05 AN ORDINANCE AMENDING CHAPTER 1-19.3 "TAXATION" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, THEREBY AMENDING SECTION 1-19.3-43 TO PROVIDE THAT THE EFFECTIVE DATE OF THREE CENTS (#0.03) OF THE FIVE CENT ($0.05) LOCAL OPTION MOTOR FUEL TAX SHALL BE FROM JANUARY 1, 2000 THROUGH AUGUST 31, 2015; PROVIDING FOR SEVERABILITY AND APPLICABILITY, FILING WITH THE DEPARTMENT OF STATE AND DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board has previously adopted the six cent ($0.06) local option motor fuel tax pursuant to Section 366.025(1)(a), Florida Statutes and a five cent ($0.05) local option motor fuel tax pursuant to Section 335.025(1)(b), Florida Statutes. 2. The first two cents ($0.02) of the five cent ($0.05) local option motor fuel tax is effective through August 31, 2015. Three cents ($0.03) of the five cent ($0.05) local option motor fuel tax currently is effective through December 31, 2004. 3. The health, safety, and welfare of the residents of St. Lucie County will benefit from the passage of an ordinance authorizing an extension of the three cent ($0.03) local option motor fuel tax through August 31, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. ARTICLE IV (LOCAL OPTION MOTOR FUEL TAX) OF CHAPTER 1-19.3 (TAXATION) IS HEREBY AMENDED TO READ: Section 1-19.3-43. Duration of Tax Strucl\ t/'rough passages are deleted. Underlined passages are added. 1 g: \atty\ardnance \ 200 \01-05 " ",. ....J The four cent ($0.04) local option gas tax originally imposed by this article shall be effective from September 1, 1985 through August 31, 1987, both dates inclusive. The six cent ($0.06) local option gas tax imposed by this article shall be effective from September 1, 1987 through August 31, 2015, both dates inclusive. The first additional two cent ($0.02) local option motor fuel tax imposed by this article shall be effective from January 1, 1998 through August 2015, both dates inclusive. The remaining additional three cent ($0.03) local option motor fuel tax imposed by this article shall be effective from January 1, 2000 through DC~cll1bcr 31, 2004 August 31 2015, both dates inclusive. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART D. FILING WITH THE DEPARTMENT OF REVENUE. The County Attorney is hereby directed forthwith to send a certified copy of this ordinance to the Florida Department of Revenue, 201 Carlton Building, Tallahassee, Florida, 32301. PART E. EFFECTIVE DATE. This ordinance shall take effective upon filing with the Office of Secretary of State. PART F. ADOPTION. Stl ud\ tl ,I ough passages are deleted. Underlined passages are added. 2 g:\atty\ordnancl! \2001 \01·05 , '-" ..." After motion and second, the vote on this ordinance was by extraordinary vote as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Cliff Barnes Commissioner Paula A. Lewis Commissioner John D. Bruhn xxx xxx XXX XXX XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section, "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Struà tl, ðu~l, passages are deleted. Underlined passages are added. 3 g;\atty\ordnancli!: \2001 \01-05 , '-' ....I MEMORANDUM PUBLIC WORKS DEPARTMENT TO: Diane Turner, Assistant to the County Administrator Ray Wazny, Public Works Director ILJ FROM: SUBJECT: May 1, 2001 Agenda - 3-cent Gas Tax DATE: April 23, 2001 ****************************************************************** Attached are: 1. Letters of support from Port St. Lucie and Fort Pierce for the proposed 3-cent gas tax. 2. A memorandum which identifies how the 3-cent gas tax has been budgeted during the last two years. 3. A memorandum which identifies proposed projects to be funded i£the extension of the 3-cent gas tax is approved. Would you please attach these to the Board Agenda for May 1 st. RLW/sm ~_._- - " 0 U Œ r h.__ , I APe 23 i!If I L ~. C~:, ,~~ , '-' "WI MEMORANDUM PUBLIC WORKS DEPARTMENT TO: FROM: Board of County Commissioners Ray Wazny, Public Works Director ~ SUBJECT: 3-Cent Gas Tax Project Funding DATE: April 23, 2001 ****************************************************************** In consideration of extending the 3-cent gas tax, staff has provided below the use of the revenue during the last two fiscal years: In FT 00/01 the following were budgeted and approved by the Board using the 3-cent gas tax: + + + Picos Road Paving Orange Ave at c-57 FL East Coast RR $550,000 21,376 10.145 $581,521 Total: In FY 0 1/02 the following were budgeted and approved by the Board using the 3-cent gas tax: RLW/sm + + + + Phase I Prima Vista (US 1 - Riomar) So. 25th S1. Phase I Citrus Ave Widening Okeechobee Rd. Landscaping $404,350 120,126 200,000 55.000 Total: $865,383 cc: St. Lucie County Administrator Office of Management & Budget Director Principal Budget Analyst / "'" ...,,; c c: CITY OF PORT ST. LUCIE #0"-(,( ea (",1\ . . . . . . . . . . . . . . . . . . . . A CITY FOR ALL AGES February 13, 2001 Mr. Raymond L. Wazny, P.E. Public Works Director St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Your Letter of February 7, 2001; 3-Cent Gas tax Dear Mr. Wazny: In response to your letter of the aforementioned date, the City Council is prepared to support the St. Lucie County Board of County Commissioners for the extension of the 3-cent gas tax to 2014. This support is predicated upon the existing gas tax formula remaining in place. The City Council believes it is in the interest of all parties within St. Lucie County to support this extension. If you have any questions or need any additional information, we will be happy to provide it. Sincerely, 6f~d{!o':tr- City Manager DBC:eg ~rn©~2W;s -;. ~~~ J 2fJU1 II· I . ..J St. Lucie COlJr~:', .';~.';:"i, ~ '{.Jrks I ..J c: City Council 121 SW. Port St. Lucie Boulevard· Port St. Lucie, FL 34984-5099·561/871-5225. S61/878 0097 >~ \or ..." ~ I fY ~f ~ RI PI~R~~ c¡,U IV Ii <c. \ I" ~, oJ" .. '" OFFICE OF THE CITY MANAGER CITY HALL, 100 NORTH U.S. 1 P.O. BOX 1480 FORT PIERCE, FLORIDA 34954-1480 February 21,2001 TEL. (561) 460-2200 »FAX (561\ 466-5492 ~~-0"ä\\>~ Œ \ \ L'.. \...., -..----~ \ , ...---- \:j '\\ '1 II FEB 27 2001 \ i.-"' \ \ , ~ , ~= \ , 1t - ^ fì pr t (\ t· ¡"it/( Please be advised that based on the request submitted by your Director of Public Works, the City Commission voted unanimously to support the extension of the 3-cent gas tax to the year 2014. Mr. Douglas M. Anderson Administrator Saint Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 ..- ~ ---- Dear Mr. Anderson: If I can provide additional information or if you need more indication of support fÌ'om the Fort Pierce City Commission, please let me know at your earliest convenience> ~cJ.~ Dennis W. Beach City Manager DWBlbtp ~-"",~-_._--~- ~- ~Œ©ŒQWŒR I " ~ ~ .- FEB 2 8 2001 St. LuCie countY Pubtlc Wo>rks , '-' ...,I MEMORANDUM PUBLIC WORKS DEPARTMENT TO: Board of County Commissioners Ray Wazny, Public Works Director Illvl' FROM: SUBJECT: Proposal Extension of the 3-Cent Gas Tax DATE: April 17, 2001 ****************************************************************** If the Board of County Commissioners approves the 3-cent Gas Tax Extension, staff recommends that the revenues be used to fund Capital Maintenance Projects. Attached is a list of specific improvements proposed. Additionally, Staff recommends that annual funding for the milling program be increased from $150,000 annually, to $250,000. The additional money would be used to complete limited drainage projects where needed to facilitate placing millings and would be funded by the Stormwater MSTU. Finally, Staffrecommends that the resurfacing budget be increased from $1 ,000,000 to $1,200,000 to offset the recent price increases in oil and asphalt products. RLW/sm cc: St. Lucie County Administrator County Engineer Road & Bridge Manager ,; -wi Large Culvert Replacement ST. LUCIE COUNTY CULVERT INVENTORY LOCATION PIPE DIAMIITER TYPE CONDITION " LENGTH I BERGER ST N OF ORANGE AVE 36" X 50' CMP POOR t 2 GLADES CUT -OFF N OF CARLTON RD 36"X 19' CMP POOR 3 GLADES CUT -OFF S OF RANGE LINE RD 36" X 30.5' CMP POOR 4 GLADES CUT -OFF S OF RANGE LINE RD 48"X31' CMP POOR 5 GLADES CUT-OFF@C-24 . 72" X 82.6' BCCMP POOR 6 GLADES CUT -OFF @ C-24 72" X 82.8' BCCMP POOR 7 GLADES CUT -OFF N OF C-24 36"X31' BCCMP POOR 8 GLADES CUT -OFF N OF C-24 36" X31' CMP POOR 9 GLADES CUT -OFF @ MIDWAY RD 48" X 70' RCP POOR 10 HEADER CANAL N OF OKEECHOBEE RD 60" X 69.5' BCCMP POOR \I McNEIL RD S OF OKEECHOBEE RD 48" X 44' BCCMP POOR 12 McNEIL RD N OF EDWARDS RD 60" X 19.8' BCCMP POOR 13 RANGE LINE S OF GLADES CUTOFF RD 48" X30' CMP POOR 14 sa Vlrz RD & RALLS RD 4û" X 204' CMP POOR 15 SNEED RD N OF OKEECHOBEE RD 24" X 47.5' RCP POOR 16 SNEED RD N OF OKEECHOBEE RD 60" X 51.5' BCCMP POOR 17 SUNRISE BLVD N OF MIDWAY RD 48" X 55.4' CMP POOR 18 SUNRISE BLVD & VIRGINIA AVE 6O"X81.2· BCCMP POOR 19 ORANGE AVE & C-55 CMP POOR 20 ORANGE AVE & C-53 CMP POOR 21 S 35TH ST & CORTEZ CMP POOR 22 AlROSO & THANKSGIVING CMP POOR 23 ORANGE AVE & C-54 CMP POOR 24 ORANGE AVE & C-56 CMP POOR 25 SNEED RD & .3 MILE N OF SR 70 CMP POOR 26 SNEED RD & C-<57 CMP POOR 27 SNEED RD & C-<58 CMP POOR 28 SNEED RD & C-<54 CMP POOR 29 AlROSO @LAKEHURST CMP POOR 30 S 29TH ST & CORTEZ CMP POOR 31 SNEEO RD & C-<56 CMP POOR 32 SEL Vlrz RD & TARMAC CMP POOR 33 SUNRISE @ PLATTS CREEK CMP POOR 34 OLEANDER@MERRlTTDITCh CMP POOR 35 OLEANDER@ DIGIORGIO RD CMP POOR 36 SUNRISE BL VP @ C-I 0 CMP POOR 37 SUNRISE BLVD .2 MILES N OF MIDWAY RD CMP POOR 38 AVE Q@N33RDST CMP POOR 39 ORANGE AVE @ C-41 1 CMP POOR 40 SHINN @ C-S8X CMP POOR 41 ANGLE RD & C-3 CMP POOR 42 COOLIDGE RD & C-49 CMP POOR 43 ANGLE RD @ C-41 CMP POOR 44 ANGLE RD @ C-33 CMP POOR 45 HEADER CANAL @ CARL TON-ADAMS RANCH CMP POOR 46 HEADER CANA L @ C-66 CMP POOR 47 PEACOCK&C_I07 CMP POOR 48 N"EWELL & C-89 CMP POOR 49 SCHUMANN & C-59 (HEAOER) CMP POOR 50 SA VANNA RD CULVERT OUTFALL CMP POOR 51 "JENKINS RD & NSLRWCD C-44 CMP POOR 52 CARL TON-ADAMS RD@HEADER CMP POOR 53 \""fLLlAMS RD & NSLRWCD C-89 CMP POOR 54 HEADER & NSLRWCO C-74 CMP POOR , " ". ""' w 4 Roadway Reconstruction ¡ LENGTH ESTIMATED -----...--...------ ------------_--.L..-.- PROJECT ¡LIMITS i Miles COST N. 39th Street ¡A\e. "I" to A\e. "T' i 0.75 $265,000 N. 35th Street ·ïÄ\e. "l"toA..e:"-r' ·1·0:i5 j ··-$265))00 A\enue "I"H-.---.-.---- ·IN. 41st St. to N. 33rd sC--·---¡·--cCS- --¡------ $175,000 A-..enue "J" jr'i.'41sISCtoN'-33¡dst. i 0.5 ¡ $175,000 ï\"'nue;;R;'-·-·--·-- iN. 41sTst. toN: 33rd sC-··· --..-..;.---- 0.5·-'-- . $175,000 A-..enue-"l" -un---eN. 41st sTio N:33rd·Si-- ... . - ~. ··0:5-- --~______m $175,000 ---..--- ...--.-.--.........--. ...--. _.·m_~..____ _ .n__________._..._.__J____.____"" A\enu€"M" . :N. 41st St. to N. 33rd 51. . 0.5 ' $175,000 Ä\€"ùë-;;¡;é .. ..----TÑ~41s£Sttoj:r33rdSt.- Ö~5 l175,6öö- A\enue "0" ¡Ñ. ';ï1si"sf"t() N. 33rd St. 0.5 "$17S:ÖÖO Ai.eiïüe "P" TN. 41STst.to N.33rdSt. 0.5·n H$175,000 A-..enue "R" iN. 41siSttoN. 33rdSt. 0.5$1i5~ÖÖ-0 A-..enue''S''- ... ------- n_ HTÑ~ 41st St. toN.·3"3icfSt. . .,-. m·Ö:S-·· ..... --.---.. $175,000 Ã'Ænue"f'-" .-.--..-... ""1 N.41st"St.-¡O"-"¡"33rcrsi." . . "-'''-0:5'''' -. -.---- .---- $175,000 Greenwoodon..e-·--·_·" isunnseBT\d:to End .--~-- -.- --1 . --.. $350,000 ~'----- --_.~._----------.<-_--- ---. ------ - .-.-.- ... -- _. _b__ _____ Ele-..en Mile Road !Midway Road to S.R. 70 2 $700,000 McCarty Rúad ¡ MidWaŸ -ROad to S.R. 70 2 $7ÕÖ,660 Ciiïïislii.eiïüe)::ouritryGaideiï to-Saeger 1-$500]00 SaegerA-..enue :Ú.S. 1 io citrus A-..enue 0.8$2ŠÒ;ÕÕÖ -------.--.-------. ,- _1__________. __.__~_. .. _ ...i_____.. Short Street 'Gopher Ridge to S. End 0.3 $105,000 Gopher Ridge Rõäd !ÕleañëiertoCiiii.is--n 0.3--$105,000 Ri-..ef'dew On;e_nuu.--- -~lñdian Ri-..er ·on-..e To End--· ·Ö.1 $35,000- Elm A-..enue 'Midway ·Rood to Weatherbee 0.25 ·$88,066· Indian Ri-..er On-..e Citrus A-..enue to Martin Co. 13.5 $4,725:000 Header Canal Road Orange Al.€nüëtoS. R. 70 6$2:100:006 Tozour Road N. U.S. 1 to N. U.S. 1 0.4 $140,000 Birch or;-..e Palm on-..e to Easy St. 1.5 $525,000 Myrtle on-..e Howard St. to Easy St. 1 $35·0,000 29.4 $13,158.000 , '.. ... ~ :~~J~o/:"~;:' "-.." .~.;::!~::~:, ....~..~~ ..... .~~~"'.~_:.,-:::;": .'::,.::....:':...j~..,;.....- . ,..'..;...., ~~~Æ ",jìì:\¡'" "~-;;':~:. .;-.",::::..;.",-~, .,.., ~ j"'~ ..\.....)¡:~...,ì:. - - '1--'--'- ........' ~Ét:i~~,!r·mljl II·' ..,. .._~.,..;_ _" .J" ~--·l·...... II ! '1 ,~-:;:;"~ ;~-- " ': ::~'~": ,. . ~,-~.., ~'iII.' ..' ~'ti'11t../<.'· "-~. ....'1 ~. .'::~ì,ln~ ....__..,d6-p-,.- . .I~~"'''''' Æ'~-~ .--;,,,,,~~-~ ~ ~.-..~~ ;~--;,::':~~~I~ ~;~~-:1= ...., Bridge Repair/ Replacement ~~~j~;¿~~'J~~~~;~;~:~f{.3~;~\:_;:'.'-:~ ~~~~-~f~~~~;~~~~~?~~~~~t8it~ ,.,..'Iì'¡'i'1í1f:.rþ,,,,["'W""in. .' ,_ -'. - ._. ..... -' ._'. -."."'''''''-''-',"",''.''.. .,,,~._-. .. ~___,.,.~. '" ~~-<-..I;J.! __... ~ , ". L ...' . ~~~ ~ - _, ~. .. ..., 940015 iSelvitz Road ~~~r Ten Mile C~~_k___n_n__m"_ _ 940018 i Shinn Road Ov~!_C-24_Çana!_,,__.___ ___ . ,,---_.,,-- __2.'!QOI9 JCarlton Road over C-24 Canal ..____,,_,,___.......__ 940020 'Indian River Drive over Moore's Creek ~._-.-- --------- -.J40023 -1S 25th Street over Ten Mile Creek ___ ____..".. 940026 Rangline Road (CR 609) over C-23 CanaL_______ __.2~Q9~7 _ I Shinn Road (CR ?09A) over Ten Mile.,Çre~k ___ _ "_n_ __ 940029 -+'Old Dixie Highway (CR 6052..~er_Tayl<J.r_Çreek . 940031 IMcCarty Road over Ten Mile Creek ____.______.-I---._.______..__.__..______..n_.___._ ._.._._._..__ __ 94º03_~".l()ral!g~,,6.Y~l!ue (<:R_.().~~v.~r ç:~±"<?:I!¡¡1 _}40<!.33.12~l!g~~ven'!e(çR,_6ª)_ ()v~r_H~~~ Canal _.24º0}_4:JQ~!1.g~6y~!1_u~_(Ç~_~ª>. oye.r <::5?~nal ..21_º03~..LMi9.~¡¡x,~~j_<.!y~!:!J_~.().rof St_L.u9.ieRiver _ _ ~±003§_.J!<.~~_n,,~~!{cR §_~!l?y~!_Ç~5.~JElI , 940037 'Keen Road (CR 611) over Taylor Creek .._ .-_______.,..____..1.:.______________._____.__._ _______..___. _u ,. __ 2~0º3L1E.Ie..Y.e_n_~ile ~~~~v.e!_:r.e.!1.!-.f.J!eCr<:e_~ ._ 94QQ4.Q j-!_u~!1~~ ve (C~§l}__!-) ()ver _Tay.lor _Cree.k 94()041 ;I'~ylor [)~iry.r~:0a~ over Bek:~er C;anal (C-25) 94:0Qi3 ,TaYkJrº_~iry "Road over_ Ca~all _ _94Qº~~. j~irby Lo<:JPu~~~ov.~r"F~e"Mile Creek 94Q9()8 j?3~~ §!I:~.~t_()ye.r:C~~5_ ~~I. _ 940069 lGIa~~~_Çll~().ffRoad (CR709)over C-24 Canal 949Q70 j~~ar~s Roa~ over.!'ive Mile Creek 940071 j1()_~s()n.. ~oa.d_ ()ver ~elcher <::anal (C-25) 940077 jOrange Ave (CR 68)over Drainage Ditch (Cow Creek) 944001 :N Jenkins Road over Canal #44 944008 Floresta Drive over Elkcam Waterway 944010 ¡Gordy Roadover Ten Mile Creek 944011 Prima Vista Blvd over St Lucie River .. -- 944012 'Prima Vista Blvd over St Lucie River ..----- --. 944013 'Airoso Drive over Elkcam Waterwat " ..., Stormwater/ Drainage Improvements ST. LUCIe COUNTYENGlNEERlNGDMSfON ..... "iõëÑÏ1AËij- ëRAîNÄöe" r-óROet...EM AAEAs REÖUIR'INÖ-Ë:riENslVE ENGINEERING DESDf ....u.-____.. ---.----¡¡~.rCh1m " . _.. 1.:LakewoocIP.~~h1p.~{De$ignJ 2.j~Ri_~'~"'.hp.~n.(O:esi~ :'1i9_ft.I!A~.~.~~_~~~ .c.:S1ormNntt~Ptoglam,h1pIementaIionPlan(Desigtl) ,s.:¡c;.artónRd.~.~,~.t:nP:~ ¡¡" ".:~37t¡St.. W.A....tn I( QrI;I.~. Pian(Conm.ction) ;:;~~;~~~tJ::=mer( i.iGnaenwood SID ~~. PIan(Deslg~ 10.:W.GowIRd.~hIp,Pliln ~!1,;~~VIiI~_~.~.~~IP!an 12.'S,c.~YIslaro1Reflen6onSwales _13:Garrisonlr\,~"""Äan' ..~~=~~.~~.~d,.Ó?!~~.~·_~.~~¡.n.r~~~~ 1ß:.,:~.~~,~'W1,-Q!a_~_~,f>lan 16.¡W.lMr.e Or. Draimoe~. {Ctud1o(God} 17.; Hogpen 0iØ1 Ck.Ctat (SoUh Savøn,ahs) Re:search 1a.INorth,s.-..amaÚ:)r.I¡~~S1UdY .,~.j~~'-~~~(..., _u. 2!J:.~.~~~Or.Ii~j~.~..~_g.~D!5!g,:,} ~1·1~~,~,~_~~.~.s!on-C_~on) -ª!~.~_º.~L.--:.~.~~~~~.s.¡.o~. .... . .. .2:.1:·~~~.~"~~~_G!..~23.{~onJ 24.!Basebai FìeId_N()._'_ Or.a~ PlaI\Lei,s'-S\IS. (Design) 25.!~ReC.·ë",.pÒOI.léi~s~~~;n.~.[)esigoComp.eIe) ~i~~~~·~17~~~~,.1f'.~_on 21.'W.BootIDr.& PioneerCitde~eProblem ~·j~,~:~,~~!~oe.!:>~J¥'S,~) ~;~.11º-~,~~~~,~.m ~!34t5SU'rise13M1,ÐtaM:-oe Problem 3~(~·~,~·.~.~·.OI:aina,geProblem ~~~-~~,,~ "33..'W.A.... ""Ibinage~~. 304.' N.33rd St DtaiRilGe 0.&. ra. 35.;W....f\lIeRd.OI-95~tJ ~CompIete) 36.;~Way(N.,A1A),0nI~P.fObIem ~!·:ª'~~(~~~.~~.~m 38.:N.43rdSt~A""'Mand"'WI.Q 39·:c..-o.CtM/l:St.bdMsiot,(e.ils1of2S#lSI.) ·4Q.·1804AYI~A""',Qc';riroaoe Problem <41,·f.k.VoRd. '.. . . - oC2.:TI.mtÍinKlirr¡RcI.Drai~Ol#aI <t3.jl-lgh~o.v.·(C/4-·(JiFt~) +4,~SweelwaterDr.(2StISl,@!:BelAWlJ "045.'WIderNu Dr. (25IhSl C Bel AYe.) 46.J~,~.Sl(SOIM1.~~Rd.J <47,,~&~~.(e~~ 48.¡~~.E~~!J'I'.~~ge(Design) 049.,303 CamroCl Drai"rwoeOl&I 5C.:ANca~A"'. Hersecion 51.¡~~·~tiÔf1, 52.'~Rd~A""'~Of1(NEc:omeq S3::37sKe)eSt 504.;o...derA.....aw St 55.jSouherd of Rose l.Ire Sð.:EdMrds RdJS.21stSt 57.;MëM.eIW.· ",. 58.'00 DW.Æ-Ldd St s9.:S:'t-êhnÄiwtót. 6O.:~~~.SM .(~c::omeI) 61.,o.-veA..... C..... hop. (DeslgrO 62.·NrosoC.-.lhlp. S3.\\ti..Cit¥c....~. 64,:S. 7ftSt Canal hip. 65.·s-nw.P..~Rd.d"tIche!¡ 6ð. ,'\Mi$perin¡ C..- hip. 457,:Meav«Rd.Stru::tN 68. Arr, e Rd.@!: NSlRIM;O'C-41 69. : Angte Rd.@!: NSlRIM:o C-33 70'-~Rd.StJu:tre 71. FPFVo.ÇDS'IrIdLn.1 72. FitlinøsSIru::tI.t'e 73 'NSUMÇO St\dLnI 'II9A. 7..: NSlR'M::D Shdu'e '23 (Oesio;¡n) 75. NSl.R"ACO Stru:::Iul! #28 (Design) I 76. smatwoodAWI. 77. TaroSt 78.' SlOt MeMIe Rd.. MS8U bf Improvements 10 J<-riper St 79.:PlalCsCnNlkRe~P1:>rdMitiQ8fîOf1Area 80. Su-rise ßM Pen;:íy;a1 Sl . Flooded r-om.esd seven:or.ainfal. ..........looditV ;-~ ,~.Ioocff\i! 'w..., .. 'AooØed ftlaciþ:op...b- '.................... -..... Fbödëd'tOad ~Ioodirv ~- :FIoocMdhouse ·ËiÖSiÖñ·~· :AoodëCiro.-d·· :,~·?~:·~i1·~1tt 'Aooðed ro.s iKgh--..'-I ·Failèdcì.t.ert . :~.~-~)~ -..... :~.~,~ NIA ;¡;::Ii;~ ;H9~.j~ . . Aooœd Recredonarq 'Fbödêêih:iUM' .. :FiöõCiëêI'~ ,-..... :f:~:::~~~~~-:¡ji-- :~,~. ,~,~,.... "~.~~~ No,~dra¡naQ8 .No· . .F~,~ .F~~ ~~~ FIooded~ FIoodedI'Olld -- NÖ~'~ F\ooc:Ied~ Fb::dsck.elo~ '~- :Floodedhotne:sA--o.d :f'~.~ f1ooded~,~,ty . Aood.d æ.os F aiirfj rip.¡) he.ad-~ Aoodod...... ;...,~,~ . Flooded pmperty No~dr1iiRiloe :....... tood5 y......... ·Yardloods :Yaid'ÏcXicís FbOded~on ~~ Aooded irWsee::Ion ~ä.t...i-ts ..........."'- -- ..........."'- ..........."'- faiirvoAwtts NtA ..........."'- ..........."'- NtA NfA NfA Wa1eI"qwUy WatefQu!llitv Walerqu»lity 'FIoodedy;Jros Flooded back y;Jros 'boded propooy -- Flooded property . .< '- ~ .... ..' .., ·,"~~~~~I!,!~me Sunrise Blvd ._..._-_._..__._--~_..._._- Oleander Blvd Oleander Blvd '''--'------.---.-.. - Sunrise Blvd Indian River Dr 33rd St Hartman Road Delaware Ave Old Dixie Highway Oleander Blvd ---.-.-- ---" Jenkins Road 13th Street 23rd Street '_n_n·____m_ -.--------. Ohio Ave 13th Street '_m"_'_m__ _ ... ____._____. I Ith Street ....-.-------------.-..-.... Ohio Ave -..---..---- Ohio Ave ....._ m.__._._.___..~~__ ___. ..__._._~ ____._Miss issippi A_~.e__. 23rd Street .....--..--.-..---.. ParkWay '7th Street ..-....-------.-----.- .._-----~~~~.~~~-_.. Prima VISta Blvd n__... .._.___.+_ .. Ravens wood Lane ....--.-..--.---...--....- Ba)'~h~~.Bivd Irv~ ¡S.tn:et ~ariposa Ave Floresta Drive -.. ._..~._. M idport Road . Virl;>in_ia Ave US I Okeechobee Road [nd ian River Dr SRA-l-A (North Bridge) MPO Bicycle Path List From To . ,-_. .---..... ·_...n__._ _ ... '_'0____. .. '_·'_'___m... . ---___.\Ii'l;>~_¡,¡!'_y:.______. _ . ._ º1<:ande~Blv..d_ _____ -i-__._. !'!I_wards Roa!!__.__ L___ ___V~~ Ave :___ Vi'l;>inia1\Y~__ _ ._i._ . _ ___~u_nris"_ Blv~__ _ .__. _Ol~~".~~ BI,,~.___ ...J_____.gerogia ~ velUS [ ---- _..i _. Sava.!'nah _~~<!.._ __L~itrusA v~_________ ___ .._.i__..___I.~".~e~_s.~_~"_e___L____.__ Orange Ave -----,____ Okeechobee Road i Orange Ave oï(~;~ï;~bee Roadl7th St -1---·-- 13th Street US I j SRA-I-A --- ~J!!~y 13-9~.<!_____, Eiiwards Road Edwards Road : Orange Ave . --,-'-"- ._- Virginia Ave --------t----..- Georgia Ave . --~T:_ -~~--~=--Vug~!a. ~v_i::__---l_. .. ..m__g!l..in~y A V!___..____._ 11th Street Sunrise Blvd _'__m.__... -+_ __. _u____..__.___ __.._ __~__ V"Einia Ave . _ge~~_~_ ~_~~__ _ .... ._ \"~_irI.~~~_e...... i _Mississ.il'piA~_____~ [llh Street Sunrise Blvd ...- - ··____u._.. . __ Sunrise Blvd US I .-_. _·__··____..u_._.__...._ _..____._'.__..._ ....__.___ , 13th Street . 10th Street .-.---.-------..-...-...- -" -..-------- V~~ia~ve . º~~(;)'_~.::.~___.__ , 7th Street Sunrise Blvd ---+-------P~rk_~~~:--- -----<J:.()'I;>.i!'_A ve Okeechobee Road 13th Street ... --. . -- . .....-.-----....--...--.-. Airoso Blvd Cashmere Blvd Prima VISta Blvd Lucero Drive .. '.-- ----.-....-... - -.-....... . -·-··---·----____.~..__...u_ Port St Lucie Blvd Prima VISta Blvd -----------.-..--.-- . --- --" Marion A ve Prima VISta Blvd ".. ---.----..----------.. ... --.-_..+--- US I Hallahan Street .---..-...... Curtis Street Airoso Blvd --_...... --._---.. Port St Lucie Blvd L)'ng"te Drive 25th Street Sunrise Blvd ....- .._'. ·_··___u___.. SRA-I-A (South Bridge) Avenue 0 Jenkins Road \lírg in ia Ave_ . Orange Ave SRA-I-A (South Bridge) US I SR A-I-A (North) .. '...- -..... . t _.._. "_n. ..J .---.- ___.J 04/27/01 F7"BWARR FUND 001 001106 001117 001124 001125 001128 001129 001130 001135 001252 001258 001259 001262 001809 001813 101 101003 101006 101211 102 102001 ] L, 107002 107003 111 112 113 114 116 117 119 120 122 123 126 136 138 139 140 ],.40001 '140275 140307 140308 160 183 1"~,)01 1 )04 '-' . "'" ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #30- 21-APR-2001 TO 27-APR-2001 FUND SUMMARY TITLE General Fund FTA-001-49 USC Sec 5307 (Sec 9) FTA 49 USC Sec 5307 98/99 FTA USC Section 5307 FY 99/00 TC Community Action Agency FY 99/00 Section 112/MPO/FHWA/Planning FY01 FTA USC Section 5307 FYOO/01 TC Community Action Agency FYOO/01 Blind Creek Park Dune Crossover Urban Mobile Irrigation Lab Grant TDC Planning Grant FYOO/01 Emergency Mgmt. Prep & Asst. FY 00/ Manatee Protection Plan 11/ Fl Fish SFWMD-Floridian Aquifer Well 01/04 C/S/C Lawnwood Stadium Batting Cage Transportation Trust Fund Transportation Trust/Local Option Transportation Trust/Impact Fees FDEP Canal & Stormwater Retrofit Unincorporated Services Fund Drai~ge Maintenance MSTU Librãry Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cpve Lighting Dist#13 Fund Southern Oak Estates Lighting Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund DOT-140-Airport Maintenance Bldg Const. Parking Apron#405823-1-94-01 FDOT Const. of Perimeter Fencing #4 Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court EXPENSES 487,434.26 17,044.00 27.35 89.00 1.49- 1,939.63 678,251. 00 455.62 133.64 396.66 251. 41 2,559.01 10,375.00 90.95 65.00 167,216.60 1,813.25 6,990.00 662.50 23,523.03 18,190.56 2,242.69 2,965,580.26 14,074.86 87.97 2,660.16 527.89 210.32 461.46 513.27 127.99 761.18 158.41 896.01 263.76 113.39 1,339.90 109.67 682.38 5,890.53 75.90- 8,100.00 2,703.29 18,123.69 2,647.20 1,777.45 854.93 819.29 PAGE 1 PAYROLL 273,305.41 0.00 363.66 0.00 19.42 4,688.83 0.00 796.57 0.00 1,188.80 636.80 3,470.36 0.00 1,188.80 0.00 97,372.75 0.00 0.00 0.00 45,737.86 3,803.02 2,164.00 43,923.57 31,327.24 1,150.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,722.28 0.00 0.00 0.00 0.00 2,336.13 3,405.03 1,850.58 2,673.72 I 04/27/01 F:èIlBWARR FUND 185001 185203 185204 186 186204 235 301 304 316 330 382 390 401 418 421 441 451 461 471 491 501 5 5_.. J01 510 611 625 "'" ~ -wi ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #30- 21-APR-2001 TO 27-APR-2001 FUND SUMMARY TITLE EXPENSES SHIP Housing Assistance FY 00/01 FHFA-SHIP 98/99 FHFA SHIP 99/00 Recycling Operating Fund Recycling & Education Grant FYOO/01 Becker Road I&S Fund So. County Regional Stadium Communication System Fund County Capital Lakewood Park Fund Environmental Land Capital Fund Treasure Cove/Ocean Harbor S Cap Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund Holiday pines Utilities Fund Building Code Fund Infotmation Technology Fund Heal~h Insurance Fund Property/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library 1,411.92 57.06- 0.00 1,922.29 343.84 2,099.52 41,742.00 1,537.39 65,072.14 1,560.00 2,830.36 2,050.00 91,551. 67 18,284.94 102.78 2,161. 65 4,540.04 15,145.93 845.57 12,604.08 46,661.33 314,564.38 921.09 10,507.88 3,710.54 3,355.55 GRAND TOTAL: 5,094,628.86 PAGE 2 PAYROLL 2,468.06 38.84 38.84 1,789.01 596.35 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30,022.52 18,873.59 206.07 3,740.36 2,228.28 10,873.67 1,870.76 19,685.86 68,536.05 3,034.75 1,707.53 9,239.54 3,329.57 0.00 I ( 706,404.49 ~ " '-' AGENDA REQUEST 'WI ITEM NO. C2A DATE: May 1, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: þ.\!1\& ~- ~~ __ (Donald B. W[st, P.E. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Work Authorization No. 1 with BCI Engineers, Inc., for design and permitting of Taylor Creek/C-25 Restoration Dredging Project. BACKGROUND: St. Lucie County entered into a Cooperative Agreement with South Florida Water Management District for the funding of Taylor CreeklC-25 Restoration Project. The District is providing $700,000 in grant money for this project that will fund the design, permitting and a portion of the construction cost. The County will front the money for the design contract, to be reimbursed by SFWMD upon receipt of the permits. Attached is a proposal from BCI Engineers, Inc., in the amount of $137,000 for sediment removal and management feasibility, design and permitting, and bid specifications and contractor selection for Taylor CreeklC25 Restoration Dredging Project. FUNDS AVAIL.: Funds will be'reÍ1Í1guIJsed from the new $700,000 grant from SFWMD approved May 1, 2001. PREVIOUS ACTION: RECOMMENDATION: Staff recommends Board approve Work Authorization NO.1 with BCI Engineers, Inc., in the amount of $137,000 for Taylor CreeklC-25 Restoration Dredging Project and signature by the Chairman. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: o [x]Originating Dept. Public Works ~ Do la Anderson Countý Administrator [x]Finance (check for copy only, if applicable) taylorc25sfwmdagmt.ag Coordination/Sianatures [x]Mgt. & Budget j/j) VV\~ [x]Co. Eng~\». [ ]Purchasing [IOther [x]County Attorney "'" $200,000 $ 35,000 $600,000 $115,000 $100,000 $700.000 $1,750,000 ......, Tavlor CreeklC25 Canal Restoration Proiect Proposed Proiect Fundinq Previously expended by St. Lucie County Additional matching funds by St. Lucie County State funding through SFWMD Previously expended by SJRWMD/NEP FIND FSTED (Florida Seaport Transport & Economic Development) Total Project Budget """ -...I WORK AUTHORIZATION NO.1 Engineering Services Related to Dredging COO-06-550 for Taylor Creek Restoration Dredging Project Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and BCI Engineers & Scientists, Inc.(the "Engineer") dated June 27, 2000, the Engineer agrees to provide the Scope of Services described in Exhibit "An and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "Cn. 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 COMMISSIQNERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: I BY: ---" Date: , , "'" ",.I EXHIBIT "A" SCOPE OF SERVICES BCI Project No: 19-10801.1 County Project No: COO-06-550 T AYLOR CREEK RESTORATION DREDGING PROJECT: PUBLIC INVOLVEMENT, SEDIMENT REMOVAL AND MANAGEMENT FEASIBILITY, DESIGN, PERMITTING, BID SPECIFICATIONS AND CONTRACTOR SELECTION Projcct Boundary: The project boundary includes reaches east of the Florida East Coast Railroad (FECRR) up to the Intracoastal Waterway. Approximately 90,000 cubic yards (c.y.) of sediments (determined in-place volume) have been estimated for removal from approximately 2,300 linear feet of the previously designed navigation channel (approximately -15 ft MSL). The width of the channel is 140 feet near the Florida East Coast Railroad bridge for approximately 1,810 feet àt which point the a~erage width tapers to 100 feet for the remaining length up to the Intracoastal Waterway. The average depth of the sediment is estimated to be between six and seven feet throughout this channel. The project will also evaluate the removal of an estimated 25,000 c.y. of fine- grained, organic sediment (muck) that exists between the north and south banks of the canal and the defined navigation channel. In addition, 80,000 C.y. of sediments have been estimated for removal from the designed channel depth (approximately -15 ft MSL) west of the FECRR extending to the spillway (Structure S-50) at the C-25 Canal. A previous investigation, by BCI Engineers & Scientists, Inc. (BCI, June 2000), reported the sediment between the North Canal (Fort Pierce Farms Water Control District (FPFWCD) Canal No.1 (referred to as C-l) and the F-I spillway structure to be sandy in composition and therefore, will not be evaluated for sediment removal. However, the project will evaluate the removal of approximately 15,000 C.y. of muck sediments from an area approximately 1,000 linear feet west of each spillway (S-50 and F-l) and the respective north and south banks of the canal. An estimated total of210,000 c.y. will be evaluated for removal. Project Goal: The overall goal of the Taylor Creek Restoration Dredging Project is to evaluate and design for the removal, management and final beneficial uses of sediments that have accumulated in Taylor Creek, Fort Pierce, Florida. The intent is to remove and manage sediments in a manner, which meets the objectives, requirements and concerns of the citizens of St. Lucie County, the City of Fort Pierce, and the regulatory agencies. BCI will provide the engineering services required to accomplish those objectives and requirements. I. \l I UJ!;"l:>» 7- ¡VOV. \.l"1.¡..'11l LUVI.;I\,Up.... VI ':)\"1 ~ I.......::. LhIIlU" CI..UU\" ~... -=. ENGINEERS & SCIENTISTS, INC. , ... "'" -' Project Scope: The following summary of scope of work is divided into phases that describe the engineering services required to implement the Taylor Creek Restoration Dredging Project. The intent of the scope is to prepare and submit an Environmental Resource Permit (ERP), that includes the selection and design of the upland dredged material management site(s), evaluation of the final uses of the processed sediments and public involvement during each phase of this project. More specifically, the objectives of this project are to: . build project consensus through public involvement, · investigate and recommend innovative sediment dewatering strategies (technologies) and temporary dredged material management site(s), · develop a material management strategy which includes material processing, handling and beneficial utilization, · confirm sediment bathymetry and volumes for removal, . reevaluate the total project cost, · prepare and submit an Environmental Resource Permit, and \ · develop bid specifications and assist with contractor selection Summary Scope of Work: To accomplish the above objectives, the project work will be divided into the following phases and tasks: PHASE I: SEDIMENT REMOVAL AND MANAGEMENT FEASIBIL TY Estimated time for completion: 3 months Total cost for phase completion: $57,600 Task 1: Build Project Consensus and Evaluate Funding Status Cost: $8,400 Task 2: Investigate and Recommend Sediment Dewatering Strategy and Temporary Dredged Material Management Site(s) Cost: $34,800 Task 3: Identify and Evaluate Final Beneficial Use Sites for Dewatered Material Cost: $10,300 Task 4: Reevaluate Total Project Cost Cost: $4,100 - 1_IIIUJÇ\..l:>1 L':;1~ I UOV [I '"' Jl LL ":'VVl.:H..UµO;:; VL ~l;t ~j\"¡::~ J..;ÁIIIV!L ,""uv,- ~... ~. ENGINEERS & SCIENTISTS, INC. , "" -...I The first task under Phase I will be to build project consensus involving the citizens, staff and commissioners of the City of Fort Pierce and St. Lucie County. This effort will be continued until project completion. In addition, Phase I includes determining funding status and evaluating all available technologies that would result in minimal land area for dredged material management. The intent is to identify sites that can be used temporarily to place and process (desand/dewater) dredged sediments thereby minimizing the required acreage. Several possible sites were identified in previous studies, and investigations were conducted on a few sites that were ultimately determined to be unsuitable. BCI will reevaluate the previously identified upland sites and continue the search for new upland site(s). Once the potential site(s) has been identified, we will evaluate the sites based on feasibility and cost, and recommend the most "acceptable" disposal site and material management strategy to the citizens, city and county staff. Upon the County's approval, BCI will perform a detailed site investigation to determine the design parameters, including topographic and hydrologic features, jurisdictional wetlands, upland plant and animal species identification, and geotechnical design consideration. This information will ultimately be incorporated into the Environmental Resource Permit (ERP) Application. The above information will be utilized along with dredging costs to reevaluate total project cost. Deliverables: \ · Record minutes of public and project meetings · Letter report on the final temporary management site · Letter report on the beneficial uses of dewatered sediments · Letter report of final project cost PHASE II: DESIGN AND PERMITTING Estimated time for completion: 6 months Total cost for phase completion: $53,600 Task 1: Sustain Project Consensus Cost: $6,100 Task 2: Develop Dredging and Disposal Area Construction Plans Cost: $27,900 Task 3: Prepare ERP and submit to FDEP Cost: $19,600 (NOTE: Estimated $8,000 permit fees not included) Upon selection of suitable upland site/material processing option, BCI will prepare design and construction documents which include sediment cross section, dredge depths and volumes, upland site plans, and operational diagrams. These plans will be submitted to the FDEP as part of the ERP Application. Upon the FDEP's review of the permit application, BCI will make the necessary adjustments and provide follow-up -~ ----.-- 1:1 nOJeCISI J ';I-I UliU II April .WU 1 ;')cope 01 ~ervlces cXnJDll A.aoe ~... ~. ENGINEERS & SCIENTISTS, INC. ""' '-' information to obtain the permit. The public will be kept abreast with the design and permitting aspects through public meetings. Deliverables: · Record minutes of public and project meetings · Submit dredging and upland site construction plans · Submit and receive ERP approval PHASE III: BID SPECIFICATIONS AND CONTRACTOR SELECTION Estimated time for completion: 3 months Total cost for phase completion: $25,800 I I Task 1: Sustain Project Consensus Cost: $5,600 I I Task 2: Prepare Bid Packages for Sediment Management Area çonstruction, Dredging and Material Management Cost: $13,500 4 I Task 3: Review Bids and Recommend Contractors Cost: $6,700 Upon receipt of the permit, BCI will create bid packages for all phases of construction, which will probably include three main work elements: construction of the upland management site; dredging; and material management. BCI will review the bids and recommend the best contractor for each or all phases of work. BCI will coordinate all project meetings with the contractors as required. Deliverables: · Record minutes of public and project meetings · Prepare and submit bid specifications for construction area, dredging and material management · Assist with review of bids and contractor selection l:IProJectsll ~-I UðU IfApnl LUUJ~COpe OJ :')ervlces t:xnml1 A.aoc E::::Ji... =. ENGINEERS & SCIENTISTS, INC. , v '-' EXHIBIT "B" FEE BCI Project No.: 19-10801.1 County Project No.: COO-06-550 TAYLOR CREEK RESTORATION DREDGING PROJECT: PUBLIC INVOLVEMENT, SEDIMENT REMOVAL AND MANAGEMENT FEASIBILITY, DESIGN, PERMITTING, BID SPECIFICATIONS AND CONTRACTOR SELECTION BCI Engineers & Scientists, Inc. (BCI) will accomplish the services outlined in Phases 1 through 3 for the lump sum fee of$137,000.00 inclusive of expenses. \ 1 2 3 Sediment Removal & Management Feasibility Design and Permitting Bid Specifications and Contractor Selection Total Fee 57,600 53,600 25,800 137,000 Cc: Bobbi Simmons - BCr Accounting I:IProjectll9·1080Ll/April 2001 Fee Exhibit B.doc -,.._-------- £::2j... ~ . ENGINEERS & SCIENTISTS, INC. . ~ ... ¡¡ :;¡ " " "'" " ... " Q " = U '" o ~ ~ o~ :!:g ;:::V Q Q Z~ ¡¡~ .- . . . ~;, Ü ë " g u ... ~Q ",Z r--~: C",Z ""z9 2<!- a:::;:< c.~S:: <.::z:: z"'u -,.J~Z S2<c.º ....>t.f.I_ ~osb Q::;:=¡;'¡ ~:;¡è¡j ¡:Í""~: ",zl:o g~;¡13 ...-,,¡;:¡ ~~i:!- a:: ~ ~ z ;:t¡";z;o wz~u ""',,, "'"'''' u:.wQ "," . 0"'>- ,0 !: >~= ",~" Í""UŒ :JiS ~"' .. ...,¡ · · · · .! ~ ~ · ~ · · · ... ... ... · 0 · 0 0 Q ~ :! ~ · .! u · .. '" · .. u · ~ · éi ~ ... · .. · > .~ · · .! e · · .. · '" ... u '" ë · '¡¡ · · · u e .. ~ ~ '" 'C ïi ... · · ¡¡; ... '" " ~ · M ~ ~ .. \ ---. " "'l - '-' ....,¡ , AGENDA REQUEST ITEM NO. C2B DATE: May 1,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~~&i·Q~ (Donald B. We t, P.E. County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Cooperative Agreement between St. Lucie County and South Florida Water Management District in the amount of $700,000 for the Taylor CreeklC-25 Restoration Project. BACKGROUND: Taylor CreeklC-25 Restoration Project involves the dredging of Taylor Creek from the C-25 spillway and Fort Pierce Farms C-1 to the Indian River Lagoon Intracoastal Waterway. The project will involve the removal of approximately 210,000 cubic yards of sediments to restore Taylor Creek to original depth design or hard sand bottom. The accumulation of sediments for the past 40 years represents a threat to the health of the sea grasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth to benefit the public. Several agencies are partnering with St. Lucie County to accomplish the restoration ofTaylor Creek, including South Florida Water Management District (SFWMD), St. Johns River Water Management District/National Estuary Program, Florida Ports Council, and Florida Inland Navigation District (FIND). In FY98, the Florida Legislature appropriated $500,000 for the Taylor Creek Restoration Project. In April, 2000, FIND awarded SFWMD $100,000 in grant money, and SFWMD has budgeted an additional $100,000 in FY01 for a total of $700,000 available to St. Lucie County for this project. As part of the agreement St. Lucie County shall: 1) obtain all necessary permits, design and prepare bid specifications; 2) construct and provide disposal; 3) remove sediment as necessary from Taylor Creek downstrem of the spillway structures; 4) monitor the site; and 5) submit to FDEP a final post-dredge certification ofTaylor Creek as final deliverable. The County's contribution will be provided as follows: $200,000 $ 35,000 $600,000 $115,000 $100,000 $700.000 $1,750,000 Previously expended by St. Lucie County Additional matching funds by St. Lucie County State funding through SFWMD Previously expended by SJRWMD/NEP FIND FSTED (Florida Seaport Transport & Economic Development) Total Project Budget FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends Board approve the Cooperative Agreement with South Florida Water Management District in the amount of $700,000 for the Taylor CreeklC-25 Restoration Project and signature by the Chairman. COMMISSION ACTION: [ Jf APPROVED [] DENIED [ ] OTHER: -----. ~ - [x]County Attorney ')1 [x]Originating Dept. Public Works f ~~ , [ ]Finance (check for copy only, if applicable) taylorc25sfwmdagmt.ag [xICo. Eng ..J .~ [ ]purchasing [JOther .r.'! 08-·'· ., -. ~th Florida Water Manageme;;; District ~ l . .- ~-' . MartinlSt. LucicSecvicc Center- 210 Adana Avenue' Stuart, FL 34994 0 (561) 223-2600 GOV 08-32 Suncom (561) 269-2600 0 W.ts Line 1 (800) 250-4100' Fax (561) 223-2608 , . May21, [999 ( þ,t. e- Mr. Douglas Anderson /I . , \"i) . L d P. County Administrator ' \ fV~' L ( n r' , St. u.,cie County / I 11/ \' , ,; 1 ( S C·' 1/ Ii IÎ" ^ 2300 VirgiruaAvenue ~ ù& I 1 1 PTh,) f' Ft. Pierce, FL 34982 - /" s..- r lff . 1/ Dear~ . ~r\ QP? At a recent commission meeting, the St. Lucie County Board of County Commissioners, voted to move forward on the Taylor Creek dredging project fÌ'om the confluence of Taylor Creek and C-25, downstream to the Indian River LagOOIL At that meeting, there was uncertainty expressed as to the' South Florida Water Management District's (SFWMD) commitment to the project. The purpose of this letter is to document the District's commitment - both as a ·project partner and a funding partner_ The District has reviewed the draft scope of work for the project, and subnütted suggestions and núnor revisions to the St. Lucie County Engineer and the county's consultant (BCl). As a result of the request rrom St. Lucie County, the District submitted the FIND gnmt application for this project. The District has $500,000 in legislatively appropriated money (FY98) for the project and is committed to contribute up to $500,000 of its own funds (FY99) to provide for dredging work and canaI bank stabilization of the C-25 canal, directly up-stream of the S- 50 structure_ The extent of !bat work has yet to be detennined. Additionally, St Johns River Water Management District has committed $188,000 in this year's funds to carry out the proposed work. Should the County not move forward with this project the District would then redirect the District funds to the C-23 canal shoal removal project and re-request Taylor Creek funding for FY99/00. HopefuIly, this information \viIl assist the County in moving forward with this project. questions, please call me at (561) 223-2600, e:o.:tension 3602. S7¿ ;JtJ!l"- Paul S. Millar, Director MartinlSt. Lucie Service Center If you have any ----. . . ,.., R --. U '! LS . ._:1~_,-¡ ..! ~ '.,;.: ;;-gg -- ., PSMlrb c: Michael Minton, Governing Board Member Board of County Commisioners, St.Lucie County Marry Smithson, SJRWMD MAY 25 , . -. ---.J ". ~ . ...... Ot=FICE C¡;,:-,·",IIJlKI>,)ilrd. Fr;tal \Villi;lIl1~<1n.JL. CìU!;m_\õ1 Eu~cnc K. Pc¡¡i". \rice Ciuirm:ul Mirçhd!\V.Bcr",-'r , \-('CJ.).LC"n'-T \\'iUi:ull E.Gr;lh:1I1I \\ïllij,mJ;aI11111(\nd Rjchard .-\. 2\.'b.chck Mich:l.cI D. ;'\."1inroft ;\1irÎ;tm Singer S::unucJ E. Pool.: III, ExccutÎ\'C Dil'"cctOr Mich:td Sb}'tolt, Dcpury Exccutive DircCtor P:tul MiU:tr. M:min/St_ Lucic Service Cemer Dir.:cwr District Hc:\dqu.;\rtcrs· j3t)j GlIll Club R03d. P.O. Box 1~6}:O. \VeSt P:dm BCJ.ch. FL 33416-4680 - (407) 686-8800. H... WA TS 1-800-432-2045 .. OUGINAL (8 "-' SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT DlSTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: ST. LUCIE COUNTY. FLORIDA Address: 2300 Virginia A venue Ft. Pierce, FL 3495õ:07oo Project Manager: Don, West Telephone No: (561) 462-1707 Fax No: (561) 462- 2362 Hereinafter referred to as: COUNTY This number must appear on all. Invoices and Correspondence C-I0282 M/WBE Goal: 0% COST SHARING INFORMATION Total Project Cost: $ 1,435,000.00 COUNTY Contribution: $735,000.00 PROJECT TITLE: INDIAN RIVER LAGOON TAYLOR CREEK DREDGING The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Not Applicable Exhibit "B" - Oeneral Terms aud Conditions Exhibit "C" - Statement of Work Exhibit "D" - Payment and Deliverable Schedule Exhibit "E" - Not Applicable Exhibit "F" - Not Applicable Exhibit "0" - Not A licable TOTAL DISTRICT CONSlDERA TION: $700,000.00 Multi-Year Funding (If Applicahle) Fiscal Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: 3 Years District Project Manager: Paul Ezzo Telephone No: (561) 223-2600 Fax No. (561) 223-2608 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 . Attention: Procurement Department Exhibit "H" Exhibit "I" Exhibit" J" Exhibit "K" Exhibit "L" Exhibit "M" Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable AGREEMENT TYPE: Not-to-Exceed Fiscal Year: Fiscal Year: Fiscal Year: EFFECTIVE DATE: Last Date of Execution b District Contract Administrator: Patrick M. Ryan (561) 682-6757 Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT NOTICES TO THE COUNTY AT: ST. LUCIE COUNTY, FWRIDA the Parties 2300 Virginia Avenue Ft. Pierce. FL 34950-0700 Attention: Dont West IN WITNESS WHEREOF, the authorized represeutative hereby executes this AGREEMENT on this date, and accepts all Terms and : Conditions under which it is issued. ST. LUCIE COUNTY, FLORlDA SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Accepted By: Signature of Authorized Representative Title: Date: Accepted By: Jessica Flathmann, Acting Procurement Director Date: Date: drol '-' .....; EXHIBIT "D" PAYMENT AND DELIVERABLE SCHEDULE The County shall submit the following deliverables as part of this project: Payment and Deliverables Deliverable Due Date Not·to-Exceed Pavment Amount Task 1: June 11,2002 $150,000.00 Obtain all necessary permits, design and prepare bid specifications Task 2: February 28, 2003 $0 Construct'and nrovide for suitable disDosal Task 3: August 29, 2003 $0 Remove sediment as necessary from Taylor Creek downstream of S-50 Task 4: On-going $0 Continuallv monitor the Site Task 5: November 29, 2003 $550,000.00 Submit to the FDEP a final post-dredge bathymetry (certification) of Taylor Creek as final deliverable Total Not-to-Exceed Amount $700,000.00 The County shall invoice the District in accordance with this Payment and Deliverable Schedule. At the end of the project, the District will require the County to provide FDEP certification of the project. Upon receipt and acceptance of deliverables by the District, the District agrees to pay the County for actual costs incurred up to the not-to-exceed amounts specified above. The invoices shall be accompanied by adequate supporting documentation as described in Article 3.2 of the Agreement, including copies of invoices paid by the County. Page I of I, Exhibit "D" to Agreement No. C-10282 8 SObTH FLORIDA WATER MANAGEMENT mSTRICT EXHIBIT "8" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK \.I The COUNTY shall, to the satisfaction of the DISTRICT. fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the COUNTY under this AGREEMENT. the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories. data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories. computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. l.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARTICLE 2 - COMPENSATIONI CONSIDERATION 2.1 The IOtal consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on Page I of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the multi-year funding allocations for each DISTRICT fiscal year indicated on Page I of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty. guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. . 2.4 The COUNTY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate. incomplete. or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (I) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on Page I of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICT. 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget. including but not limited to, copies of approved timesheets. payment vouchers, expense reports, receipts and subcontractor invoices. Page 1 of9. Exhibit "B" Contract File:\County.doc 04/02/01 8 .. '-' SOhTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverable(s) required by this AGREEMENT. However, failure by the COUNTY to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARTICLE 4 . PROJECT MANAGEMENTI NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on Page I of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices. to the attention of the DISTRICT's Contract Administrator specified on Page I of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested. to the respective addresses specified on Page I of the AGREEMENT. The COUNTY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on Page I of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (I) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. I 5.2 In the event the COUNTY subcontracts any part or all of the work hereunder to any third party. the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES 6.1 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. The party in default shall then have ten (10) calendar days fiom receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non-defaulting party Page 2 of9, Exhibit "B" Contract File:\County.doc 04/02/0! <8 SO~H FLORIDA WATER MANAGEMENT õ1STRICT ExmBIT "B" GENERAL TERMS AND CONDITIONS shall have the option to terminate this AGREEMENT at the expiration of the ten (10) day time period. Should the DISTRICT elect to tenninate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may tenninate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the COUNTY. The performance of work under this AGREEMENT may be tenninated by the DISTRICT in accordance with this clause in whole, or from time to time in part. whenever the DISTRICT shall detennine that such tennination is in the best interest of the DISTRICT. Any such tennination shall be effected by delivery to the COUNTY of a Notice of Tennination specifying the extent to which performance of work under the AGREEMENT is tenninated. and the date upon which such termination becomes effective. In the event of tennination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of tennination in accordance with Exhibit "C". Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT detennines the exact amount due to the COUNTY. 6.3 If either party initiates legal action, including appeals. to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial. shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent pennitted by law. 6.5 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees. or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the COUNTY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The COUNTY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction fiom the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. , I . 6.6 The DISTRICT anticipates a total project cost as indicated on Page I, with the balance of matching funds and/or in-kind services to be obtained from the COUNTY in the amount as specified on Page I of this AGREEMENT. In the event such COUNTY matching funding and/or in-kind services becomes unavailable, that spall be good and sufficient cause for the DISTRICT to tenninate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION! OWNERSHIP 7.1 The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The COUNTY shall inaintain all financial and non-financial records Page 3 of9, Exhibit "B" Contract File:\County.doc 04/02101 <9 . . ....., SOMH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses. research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with general1y accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years ITom the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availabilitv of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising ITom performance under this AGREEMENT, the COUNTY shall exteud the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the COUNTY, its subcontractor(s), assign(s). agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT. and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUNTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the COUNTY agrees to execute and deli ver to the DISTRI CT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The COUNTY may not disclose, use, license or sell any work developed, created. or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software. if any. to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired uuder license from a third party, including the right to sublicense such software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual. non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this CONTRACT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT witb a value equal to or greater than $500.00 and with. a normal expected life of one (I) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such occurrence. Page 4 of9, Exhibit "B" Contract File:\County.doc 04/02/01 e '-' "'" SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The COUNTY, 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 DISTRICT undertakes no duty to ensure such compliance. but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race. color, creed, national origin. handicap. age, or sex, in any activity under this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or, if the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime, a period longer than 36 months has passed since that persou was placed on the convicted vendor list. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any DÙsrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY shall be responsible and liable for the payment of all of its FlCNSocial Security and other applicable t.xes resultiug fÌ'om this AGREEMENT. 8.6 The COUNTY warrants that it has not employed or retained any person, other than a bena fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting fÌ'om the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may temùnate this AGREEMENT without liability and. at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter II 9 and related Statutes, the burden of establishing such exemption. by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 8.7.1 Pursuant to Sections 119.07(3)(0), and 240.241 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Page 5 of 9, Exhibit "B" Contract File:\County.doc 04/02/01 s SOMH FLORIDA WATER MANAGEMENT MSTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder. the DISTRICT shall advise the COUNTY (Licensee) of such request and. as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local. and other governmental approvals. as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a tímely manner, either party may elect to terminate this AGREEMENT. each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347. ES., the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. 8.\0 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore. as the DISTRICT'S COUNTY for this project, the COUNTY assures the DISTRICT that the COUNTY. its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigos during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. . 9.3 The COUNTY shall not assigo, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation .of this provision shall be void. 9.4 The COUNTY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgement, lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT performance. ARTICLE 10 - MIWBE PARTICIPATION Page 6 of9, Exhibit "B" Contract File:\County.doc 04/02/01 · 8 SOMH FLORIDA WATER MANAGEMENT ì>ÍSTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 10.1 The COUNTY hereby acknowledges that no Minority and Women Business Enterprises (M/WBE) participation goal has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MlWBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 - YEAR 2000 COMPLIANCE In the event that the COUNTY's performance, as required by this AGREEMENT, involves the use and/or delivery of a software, firmware and/or hardware product of any kind, the following language in this Article 1\ shall apply: 11.1 COUNTY represents and warrants that the software, firmware and/or hardware is designed to be used prior to, during. and after the calendar year 2000 A.D., and that the software. firmware and/or hard ware will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references multiple centuries. 11.2 Without limiting the generality of the foregoing, COUNTY further represents and warrants: I) that the software, firmware and/or hardware will not abnormally end or provide invalid or incorrect results of date data, specifically including date data which represents or references multiple centuries; 2) that the software, firmware and/or hardware has been designed to ensure Year 2000 Compliance, including, but not limited to, date data century recognition, calculations which accommodate same century and multiple century formulas and date values. and date data interface values that reflect the century; and 3) that the software. firmware and/or hardware includes Year 2000 Compliance. For the purposes of this AGREEMENT, Year 2000 Compliance also means that the software. firmware and/or hardware will: (i) manage and manipulate data involving dates and leap year calculations, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provide that all date-related user interface functionalities and data fields include the indication of century. 11.3 Included as part of this Year 2000 Compliance Warranty, COUNTY shall provide to the DISTRICT, at no additional charge with, (i) fixes. corrections and updates to the software, firmware and/or hard ware that are necessary to ensure Year 2000 Compliance as defined herein, and (ii) advice, consultation and assistance to use the software, firmware and/or hardware and diagnose and correct Year 2000 Compliance problems that may exist with either the software, firmware and/or hardware, (iii) and, if deemed necessary by the DISTRICT. replacement software, firmware and/or hardware which is compliant with this Year 2000 Compliance Warranty. 11.4 If this AGREEMENT involves the purchase and/or license and/or receipt of a software. firmware and/or hardware product of any kind previously developed by thé COUNTY or other third party, and in the event fixes, corrections and updates of the software are not technically feasible, the COUNTY shall accept the return of the software, fIrmware and/or hardware if this Year 2000 Compliance Warranty is breached, and terminate any and all applicable Schedules and/or License Agreements. Further, the COUNTY shall refund to the DISTRICT the full amount of the License Fee actually paid to the COUNTY for the software; and, in the case of hardware return. the COUNTY shall refund to the DISTRICT the full amount of the hardware actually paid to the COUNTY by the DISTRICT. In addition to the foregoing, the Page 7 of 9. Exhibit "B" Contract File:\County.doc 04/02/01 . 8 '-' ...",,; SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS COUNTY shall refund to the DISTRICT all maintenance fees paid by the DISTRICT, if any, for on-going support, new software releases and product updates. All such refunds shall be made to the DISTRICT. Notwithstanding any other provision in the AGREEMENT to the contrary, the DISTRICT hereby reserves all rights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever; as may be detennined by a court of competent jurisdiction (including damages and equitable relief). 11.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein. This Article II. in its entirety, shall survive the expiration or termination of this AGREEMENT. ARTICLE 12 " GENERAL PROVISIONS 12.1 Notwithstanding any proVIsIons of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fIres, floods, strikes. embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Govermnent, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifIes that perfonnance by COUNTY is specifIcally required during the occurrence of any of the events herein mentioned. 12.2 In the event any proVIsIons of this AGREEMENT shall conflict. or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifIcally incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 12.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies. nor shall it relieve the other party from perfonning any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifIcally referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. I 12.4 Should any term or provIsIon of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT. to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent pennitted by law. I « . 12.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 12.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations. or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made. by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 13 - SAFETY REQUIREMENTS 13.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. Page 8 of9, Exhibit "B" Contract File:\County.doc 04102/01 .' . 8 SOMH FLORIDA WATER MANAGEMENTI'J'fSTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 13.2 The COUNTY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards. personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chemical product used. 13.3 The COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA). the Florida Department of Labor and Employment Security and all other appropriate federal. state, local or DISTRICT safety and health standards. 13.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 13.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition. avoidance, and prevention of unsafe conditions and acts. 13.6 The COUNTY shall erect and maintain. as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection. including posting of danger signs and other warnings, against hazards. 13.7 The COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: \3.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors. or traveling public; 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY, or the COUNTY's subcontractors; and 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities. pavement, roadways, structures, building. vehicles, and equipment not designated for removal, relocation or replacement in the course of work. t 13.8 The COUNTY shall provide first aid services and medical care to its employees. 13.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. \3.\0 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage. injury. or loss. t . . 13.11 Environmental: When the COUNTY, COUNTY's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the COUNTY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground. surface waters, ground waters. it shall be the COUNTY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. f . 13.12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT, at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. Page 9 of9, Exhibit "B" Contract File:\County.doc 04102/0 1 .. '-' ......, EXHIBIT "C" STATEMENT OF WORK Taylor Creek/C-25 Canal Restoration Project 1.0 INTRODUCTION · The Indian River Lagoon (IRL) waterbody is a shallow, microtidal ecosystem located along Florida's east coast from ·Volusia Coúnty to northern Palm Beach County. The potential of the lagoon to function as a productive ecosystem has been adversely affected by water management practices and land development within the associated watersheds. The IRL Surface Water Improvement and Management (SWIM) Plan identifies poor water quality and sediment loading in ditch and canal inputs as major impacts to the health of the system. The sediments, which contain high amounts of nutrients, metals and other pollutants, form a habitat that is not conducive to the maintenance of desirable benthic communities. The South Florida Water Management District (District), in an attempt to reverse the degradation of the IRL and the St. Lucie Estuary, is developing programs to reduce sediment loads to the lagoon by identifying water quality treatment techniques within the canal system. The proposed project is an effort to reduce sediment loadings and enhance water quality of canal (C-25) input that discharges directly to the IRL. The C-25 CanalfTaylor Creek area provides drainage for the northern 1/5 of S1. Lucie County and northeastern portion of Okeechobee County. The land uses within the C-25 basin are mainly agriculture (citrus) with low-density residential and urban areas to the east. The canal is used for surface and groundwater drainage as well as providing irrigation water. It is used by agricultural interest in the Ft. Pierce Farms and North S1. Lucie Water Control Districts. · · 4 Several agencies are partnering with S1. Lucie County under separate agreements to accomplish the restoration of Taylor Creek, including: S1. John's River Water Management DistrictlNational Estuary Program, Florida Ports Council, and Florida Inland Navigation District (FIND). 2.0 SCOPE OF WORK The Taylor CreeklC-25 Canal Restoration Project involves the dredging of Taylor Creek from the C-25 spillway structure, and the Fort Pierce Farms C-l Canal spillway structure to the IRL Intracoastal Waterway. The project will involve the removal by St Lucie County (County) of approximately 220,000 cubic yards of sediments to restore Taylor Creek to original depth design or hard sand bottom. The sediments have been accumulating in the creek for the last 40 years. The sediments contain fine-grained organic silt that represents a threat to the health of the sea grasses in the IRL Estuary. Over the years, the sediments have accumulated to a depth of about 6-7 feet deep in the center channel. Page I of 2, Exhibit "C" to Agreement No.C-10282 -. \p ...." Once the sediments are removed Taylor Creek will function as a silt trap to accumulate fine-grain silt before it is discharged to the IRL. In addition, the navigation channel will be restored to its full depth to benefit the public. 3.0 WORK BREAKDOWN STRUCTURE 51. Lucie County (County), as part of this cooperative agreement, shall: 1) obtain all necessary permits, design and prepare bid specifications; 2) construct and provide for suitable sediment disposal; 3) remove sediment as necessary from Taylor Creek downstream of 5-50; 4) continually monitor the site; and 5) will submit to the FDEP a final post-dredge bathymetry (certification) of Taylor Creek as the final deliverable. District staff will conduct site inspection along with the County engineer to verify that the work is acceptable. f f . ~ Page 2 of 2, Exhibit "C" to Agreement No.C-10282 / '-' AGENDA REQUEST -' ITEM NO. ~ ....... DATE: May 1, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Interlocal Agreements - Memorandum of Understanding - St. Lucie Village - Road, Public Buildings, Library and Parks Impact Fees BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the Interlocal Agreements and the Memorandum of Understanding and authorize the Chairman to sign the Agreements and Memorandum. COMMISSION ACTION: CONCURRENCE: [XJ APPROVED [ ] DENIED [ ] OTHER: Dougl s derson County Administrator County Attorney: 1)-\ /-q ¡- Review and Approvals Management & Budget Purchasing : Originating Dept. Asst. Com. Dev,Dir.: COLUlty Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 , \w- -..I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-624 DATE: April 23, 2001 SUBJECT: Interlocal Agreements - Memorandum of Understanding - St. Lucie Village - Road, Public Buildings, Library, Parks Impact Fees ------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------- BACKGROUND: Attached to this memorandum are copies of: 1. Interlocal Agreements between the County and St. Lucie Village pertaining to the Road, Public Buildings, Library and Parks Impact Fees. 2. Memorandum of Understanding between the County and the Village. The Agreements and Memorandum provide a procedure for the collection of impact fees within the Village. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreements and the Memorandum of Understanding and authorize the Chairman to sign the Agreements and Memorandum. I / , /,-- DSM/caf Attachments ~ "'" -' MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered between St. Lucie County, a political subdivision of the State of Florida, ("County") and the Town of St. Lucie Village, a political subdivision of the State of Florida, ("Village") with respect to those certain Interlocal Agreements concerning Road, Public Buildings, Library, Parks Impact Fees ("Impact Fees"), dated , 2001 (" Agreements"). The Agreements provide for the collection and remission of fees that become due under the Road, Public Buildings, Library, Parks Impact Fee Ordinances ("Ordinances"), as a result of development activity proposed within the Village. In order to implement the Agreement in the most efficient manner, the parties desire to modify/clarify the responsibilities set forth in the Agreement. The parties therefore agree as follows: 1. In addition to the responsibilities set forth in paragraph 3 of the Agreement, the County shall: a. Provide administrative assistance to the Village in establishing procedures for determining the type of development activity, within the meaning of the Ordinance, proposed by each application for a building permit in the Village. b. Determine the amount and accept payment of all impact fees that are due upon applications for building permits in the Village, and advise the Village in writing in a writing presented to the applicant of the payment of the Impact Fees due. c. Maintain all records of the Impact Fees paid, including the name, address and amount paid for each building permit issued in the Village. d. Retain two percent (2%) of the Impact Fees collected with respect to applications for permits in the Village, which amount shall be used as a fee by the County for administering the collection of and accounting for such funds. e. Remitto the Village, on aquarterly basis, two percent (2'J1o) of the Impact Fees collected for permits issued in the Village, which amount shall be used by the Village as a fee for (i) determining the type of development activity, within the meaning of the Ordinances, proposed by each application for a permit in the Village, and (ii) providing to each applicant for a permit in the Village a statement setting forth the type of development activity proposed by such application. 9: \atty\agreemnt\i nterloc\ ViJloge-MOU -1- ~ . "" -' 2. In lieu of the responsibilities specified in subparagraphs 4.1 and b. of the Agreements, the Village shall: a. Prior to issuing any building permit in the Village: (1) Determine the type of development activity, within the meaning of the Ordinances, proposed by the application for such permit; (2) Provide to the applicant a statement of the type of development activity, within the meaning of the Ordinances, proposed by the application; (3) Direct the applicant to the County for payment of the applicable Impact Fees due, as provided in paragraph l.b of this Memorandum of Understanding; and, (4) Receive from the applicant the County's written acknowledgment of payment of the Impact Fees due. . b. Maintain all records used in determining the type of development activity proposed by each application for a building permit within the Village. 3. Except as modified/clarified within this Memorandum of Understanding, the responsibilities of the respective parties shall remain as set forth in the Agreements. This Memorandum of Understanding shall be effective as of the last date of execution on behalf of the Parties. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g:\atty\agreemnt\intutoc\ Village-MOU -2- ,¡ \,.r. ATTEST: Deputy Clerk g: \atty\agreemnt\inte.rloc\ Village-MOV -3- -' BOARD OF ALDERMEN OF THE TOWN OF ST. LUCIE VILLAGE, FLORIDA BY: Mayor Date: APPROVED AS TO FORM AND CORRECTNESS: BY: Richard V. Neill, Jr. Villoge Attorney 4 / . \,.r """" 1 2 INTERLOCAL AGREEMENT 3 (PARKS IMPACT FEES) 4 5 6 THIS AGREEMENT entered into this day of , 2001, by and 7 between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter 8 referred to as "County", and the VILLAGE OF ST. LUCIE, a Florida municipal corporation, 9 hereinafter referred to as "Village" providing for the Village's participation in the County's 10 impact fee program. 11 12 WHEREAS, County adopted a parks impact fee ordinance effective January 1, 1996 and 13 amended that ordinance effective October 1, 2000; and 14 15 WHEREAS, said fee is to be effected and collected both in the County and Village; and 16 17 NOW, THEREFORE, IT IS AGREED as follows: 18 19 20 21 22 23 24 25 26 27 28 29 30 1. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Interlocal Cooperation Act. 2. The County and the Village agree that the County's parks impact fee ordinance shall be effective within the Village's jurisdiction unless this Agreement is terminated as hereinafter provided. 3. The Village agrees to: a. Determine the applicable impact fee as specified in the County's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the Village's jurisdiction. Interlocal Agreement (Final) Parks Impact Fee St. Lucie Village Print Date: 01/23/01 -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 e. f. \,.t. -' b. Provide to each local applicant for building permit, mobile home permit, or electrical permit for a recreational vehicle park in the Village a statement of impact fees due that are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle park. c. Contact the County Administrator or his designee when a building permit, mobile home permit, or electrical permit for a recreational vehicle park is applied for that is not specifically listed in the ordinance and to assess the fee as determined for that use by the County Administrator or his designee. d. Maintain all records used to determine the applicable impact fee as specified in the County's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the Village's jurisdiction. Notify the County Administrator or his designee of any application for impact fee refund received by the Village. Notify the County Administrator when a developer in the Village, in lieu of paying all or part of the parks impact fee, offers to construct part of a parks improvement project shown in the Village's or County's Comprehensive Plan or appropriate to the implementation thereof. Interlocal Agreement (Final) Parks Impact Fee St. Lucie Village Print Date: 01/23/01 -2- " . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 '-" -' 4. County agrees to: a. Provide to the Village administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures necessary for Village to determine the amount of impact fees due that are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle park. b. Accept the payment of all impact fees due that are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle park in the Village and provide a receipt of the applicant to submit as proof of payment to the Village Building Official. In consideration for the County acting as the collecting agent for the Village, the County will retain two (2%) percent of the funds collected which shall be used as a fee for the administration of collecting and accounting for the collected impact fee funds. c. Maintain all records of the impact fee paid including the name, address, amount paid and benefit district for each building permit, mobile home permit, or electrical permit for a recreational vehicle park issued by any Village. d. Remit to the Village, on a quarterly basis, two (2%) percent of the funds collected on behalf of the Village which shall be used by the Village as a fee for determining applicable impact fee as specified in the County's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the village's jurisdiction and each local Interlocal Agreement (Final) Parks Impact Fee 51. Lucie Village Print Date: 01/23/01 -3- , . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '-' ...,.¡ 1 2 3 4 5 6 applicant for building permit, mobile home permit, or electrical permit for a recreational vehicle park in the Village a statement of impact fees due that are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle park e. Consult with the Village in regard to expenditures of any impact fee funds collected from the Village by the County and, where possible, expend the impact fee funds to construct part or all of a parks improvement project shown in the St. Lucie county Comprehensive Plan or appropriate to the implementation thereof and to further notify the Village's Manager/Attorney of any proposed expenditure of such funds and at the request of Village's Manager/Attorney to delay such proposed expenditure for a period of time reasonably sufficient to allow Village's Board of Alderman to advise County's Board of County Commissioners of any objections it may have to said proposed expenditure. , f. Hold the Village harmless should any suit or legal action be brought to contest the validity of any impact fee ordinance or to contest the amount of any impact fee imposed pursuant to the impact fee ordinance. The County agrees to provide any legal defense necessary at no cost to Village in any action associated contesting the validity of any impact fee ordinance or the amount of any impact fee imposed pursuant to the impact fee ordinance. Should any Court order any refund of any impact fee or should any refund be agreed to by County, said refund shall be paid solely by County. Interlocal Agreement (Final) Parks Impact Fee 51. Lucie Village Print Date: 01/23/01 -4- ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 8. 9. "" ""'" g Provide the Village, on October 1 of each year, annual, financial reports and information showing the amount of impact fees collected and expended within each park benefit district. 5. The Board of County Commissioners shall have the final authority pursuant to Section 1-15-37 of the St. Lucie County Parks Impact Fee Ordinance as to whether to accept an offer by a developer to construct part of a parks improvement project in lieu of payment of all or part of the parks impact fee. 6. Nothing in this Agreement is intended to deprive the County of final authority and responsibility for the use and expenditure of impact fee monies collected pursuant to the Parks Impact Fee Ordinance. 4 7. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. . The Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. This Agreement shall be effective from May 1, 2001 through October 1, 2005. Termination of this Agreement may only occur if; 1.) both parties agree to the termination, or, 2.) imposition of the parks impact fee is not allowed by state law, or, 3.) upon breach of the agreement by a party and failure to cure the breach within a reasonable time period not to exceed forty-five (45) days. The termination of this Amended and Restated Agreement shall not require the County to refund any Interlocal Agreement (Final) Parks Impact Fee St. Lucie Village Print Date: 01/23/01 -5- 7 8 IN WITNESS WHEREOF, the parties hereto have caused the execution hereof by their 9 duly authorized officials on the dates stated below. 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 ;/ . '-' ,..", 1 2 3 4 5 10. This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, 6 Florida, prior to its effectiveness. monies collected by the Village and remitted to the County pursuant to this Amended and Restated Agreement. The Amended and Restated Agreement may be extended upon mutual agreement of both parties. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA . Deputy Clerk Chairman t DATE APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney VILLAGE OF ST. LUCIE, FLORIDA Deputy Clerk Mayor DATE: Interlocal Agreement (Final) Parks Impact Fee 51. Lucie Village Print Date: 01/23/01 -6- " '-' 1 2 3 4 5 Interlocal Agreement (Final) Parks Impact Fee -7- ...,I APPROVED AS TO FORM AND CORRECTNESS: BY: Village Attorney I . . St. Lucie Village Print Date: 01/23/01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NOW, THEREFORE, IT IS AGREED as follows: , 18 19 20 21 22 23 24 25 26 27 28 29 30 '-' -...I INTERLOCAL AGREEMENT (PUBLIC BUILDINGS IMPACT FEES) THIS AGREEMENT entered into this dayof ,2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and the VILLAGE OF ST. LUCIE, a Florida municipal corporation, hereinafter referred to as "Village" providing for the Village's participation in the County's public buildings impact fee program. 4 WHEREAS, County originally adopted a public buildings impact fee ordinance effective January 1, 1996 and amended that ordinance effective October 1, 2000; and . WHEREAS, said fee is to be effected and collected both in the County and Village. 1 1. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Interlocal Cooperation Act. 2. The County and the Village agree that the County's public building impact fee ordinance shall be effective within the Village's jurisdiction unless this Agreement is terminated as hereinafter provided. 3. The Village agrees to: a. Determine the applicable impactfee as specified in the county's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the Village's jurisdiction. Interfacal Agreement (Final) Public Buildings Impact Fee St. Lucie Village Print Date: 01/24/01 -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 4. 25 26 27 28 '-" ..",I b. Provide to each local applicant for building permit, mobile home permit, or electrical permit for a recreational vehicle park in the village a statement of impact fees due that are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle park. c. Contact the County Administrator or his designee when a building permit, mobile home permit, or electrical permit for a recreational vehicle park is applied for that is not specifically listed in the ordinance and to collect the fee as determined for that use by the County Administrator or his designee. 4 d. Maintain all records used to determine the applicable impact fee as specified in the County's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the Village's jurisdiction. . e. Notify the County Administrator or his designee of any application for impact fee refund received by the Village. f. Notify the County Administrator when a developer in the Village, in lieu of paying all or part of the public building impact fee, offers to construct part of a public building improvement project shown in the Village's or County's Comprehensive Plan or appropriate to the implementation thereof. County agrees to: a. Provide to the Village administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures necessary for Village to determine the amount of impact fees due that are associated with the Interlocal Agreement (Final) Public Buildings Impact Fee St. Lucie Village Print Date: 01/24/01 -2- , '"" ...I 1 application for building permit, mobile home permit, or electrical permit for a 2 recreational vehicle park. 3 4 b. Accept the payment of all impact fees due that are associated with the 5 application for building permit, mobile home permit, or electrical permit for a 6 recreational vehicle park in the Village and provide a receipt to the applicant to 4 7 submit as proof of payment to the Village Building Official. In consideration for 8 the County acting as the collecting agent for the Village, the County will retain 9 two (2%) percent of the funds collected which shall be used as a fee for the 10 administration of collecting and accounting for the collected impact fee funds. 11 12 c. Maintain all records of the impact fee including the name, address, amount paid 13 and benefit district for each building permit, mobile home permit, or electrical 14 permit for a recreational vehicle park issued by any Village. I 15 16 d. Remit to the Village, on a quarterly basis, two (2%) percent of the funds 17 collected on behalf of the Village which shall be used by the Village as a fee for 18 determining applicable impact fee as specified in the County's ordinance prior 19 to issuing any building permit, mobile home permit, or electrical permit for a 20 recreational vehicle park within the Village's jurisdiction and each local 21 applicant for building permit, mobile home permit, or electrical permit for a 22 recreational vehicle park in the Village a statement of impact fees due that are 23 associated with the application for building permit, mobile home permit, or 24 electrical permit for a recreational vehicle park. 25 26 e. Consult with the Village in regard to expenditures of any impact fee funds 27 collected from the Village by the County and, where possible, expend the 28 impact fee funds to construct part or all of a public buildings improvement Interlocal Agreement (Final) Public Buildings Impact Fee St. Lucie Village Print Date: 01/24/01 -3- , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 5. 23 24 25 26 '-' ....I project shown in the St. Lucie County Comprehensive Plan or appropriate to the implementation thereof and to further notify the Village's Manager/Attorney of any proposed expenditure of such funds and at the request of Village's Manager/Attorney to delay such proposed expenditure for a period of time reasonably sufficient to allow Village's Board of Alderman to advise County's Board of County Commissioners of any objections it may have to said proposed expenditure. 4 f. Hold the Village harmless should any suit or legal action be brought to contest the validity of any impact fee ordinance or to contest the amount of any impact fee imposed pursuant to the impact fee ordinance. The County agrees to provide any legal defense necessary at no cost to Village in any action associated contesting the validity of any impact fee ordinance or the amount of any impact fee imposed pursuant to the impact fee ordinance. Should any Court order any refund of any impact fee or should any refund be agreed to by County, said refund shall be paid'solely by County. . g. Provide the Village, on October 1 of each year, annual financial reports and information showing the amount of impact fees collected and expended within each the public building benefit district The Board of County Commissioners shall have the final authority pursuant to Section 1-19-07 of the St. Lucie County Public Buildings Impact Fee Ordinance as to whether to accept an offer by a developer to construct part of a public building improvement project in lieu of payment of all or part of the public buildings impact fee. St. Lucie Village Print Date: 01/24/01 Interlocai Agreement (Flnai) Public Buildings Impact Fee -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN WITNESS WHEREOF, the parties hereto have caused the execution hereof by their duly , 6. '-' ....I Nothing in this Agreement is intended to deprive the County of final authority and responsibility for the use and expenditure of impactfee monies received by the County to the Public Building Impact Fee Ordinance. 7. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 8. The Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of 5t. Lucie County, Florida. 9. This Agreement shall be effective from May 1, 2001 through October 1, 2005. Termination of this Agreement may only occur if; 1.) both parties agree to the termination, or, 2.) imposition of the public buildings impact fee is not allowed by state law, or, 3.) upon breach of the agreement by a party and failure to cure the breach within a reasonable time period not to exceed forty-five (45) days. The termination of this Agreement shall not require the County to refund any monies collected by the Village and remitted to the County pursuant to this Agreement. The Agreement may be extended upon mutual agreement of both parties. . 10 This Agreement shall be filed with the Clerk of the Circuit Court of 5t. Lucie County, Florida, prior to its effectiveness. 26 authorized officials on the dates stated below. 27 28 29 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 51. Lucie Village Print Date: 01/24/01 Interlacal Agreement (Final) Public Buildings Impact Fee -5- ~ ...,,¡ 1 2 Deputy Clerk Chairman 3 4 DATE 5 6 7 APPROVED AS TO FORM AND 8 CORRECTNESS: 9 10 11 BY: 12 County Attorney 13 14 15 . 16 VILLAGE OF ST. LUCIE, FLORIDA 17 18 19 Deputy Clerk Mayor 20 . 21 DATE: 22 23 24 APPROVED AS TO FORM AND 25 CORRECTNESS: 26 27 28 29 BY: 30 Village Attorney 51. Lucie Village Print Date: 01/24/01 Interlocal Agreement (Final) Public Buildings Impact Fee -6- 1 2 INTERLOCAL AGREEMENT 3 (ROAD IMPACT FEES) 4 5 6 THIS AGREEMENT entered into this day of , 2001, by and 7 between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter 8 referred to as "County", and the VILLAGE OF ST. LUCIE, a Florida municipal corporation, 9 hereinafter referred to as "Village" providing for the Village's participation in the County's 10 Roads Impact Fee program. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ~ ...."I WHEREAS, County originally adopted a roads impact fee ordinance effective February 1, 1986 and most recently amended that ordinance effective October 1, 2000; and WHEREAS, said fee is to be effected and collected both in the County and Village; and 4 NOW, THEREFORE, IT IS AGREED as follows: 1. This Amended and Restated Agreement is entered into pursuant to Section 163.01 Florida Statutes, Interlocal Cooperation Act. 2. The County and the Village agree that the County's road impact fee ordinance shall be effective within the Village's jurisdiction unless this agreement is terminated as hereinafter provided. 3. The Village agrees to: a. Determine the applicable impact fee as specified in the County's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the village's jurisdiction. 51. Lucie Village Print Date: 01124101 Interlocal Agreement (Final) Roads Impact Fee 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 \w' """" b. Provide to each local applicant for building permit, mobile home permit, or electrical permit for a recreational vehicle park in the Village a statement of impact fees due that are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle park. c. Contact the County Administrator or his designee when a building permit, mobile home permit, or electrical permit for a recreational vehicle park is applied for that is not specifically listed in the ordinance and to assess the fee as determined for that use by the County Administrator or his designee. ~ d. Maintain all records used to determine the applicable impact fee as specified in the County's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the Village's jurisdiction. « e. Notify the County Administrator or his designee of any application for impact fee refund received by the Village. f. Notify the County Administrator or his designee when a developer in the Village, in lieu of paying all or part of the road impact fee, offers to construct part of a arterial or major collector road improvement project shown in the 81. Lucie County Comprehensive Plan, 81. Lucie Comprehensive Plan or appropriate to the implementation thereof. 2 St. Lucie Village Print Date: 01/24/01 Interlocal Agreement (Final) Roads Impact Fee 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 '-' ...I 4. County agrees to: a. Provide to Village administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures necessary for the Village to determine the amount of impact fees due that are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle park. b. Accept the payment of all impact fees due that are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle park in the Village and provide a receipt to the applicant to submit as proof of payment to the Village Building Official. In consideration forthe County acting as the collecting agent for the Village, the County will retain two (2%) percent of the funds collected which shall be used as a fee for the administration of collecting and accounting for the collected impact fee funds. c. Maintain all records of the impact fee paid including the name, address, amount paid and benefit for each building permit, mobile home permit, or electrical permit for a recreational vehicle park issued by any Village. d. The County will remit to the Village, on a quarterly basis, two (2%) percent of the funds collected on behalf of the Village which shall be used by the Village as a fee for determining applicable impact fee as specified in the County's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the Village's jurisdiction and each local applicant for building permit, mobilè home permit, or electrical permit for a recreational vehicle park in the Village a statement 3 St. Lucie Village Print Date: 01/24/01 Interlocal Agreement (Final) Roads Impact Fee 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 """ -' of impact fees due that are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle permit. . e. Consult the Village in regard to expenditures of any impact fee funds collected from the Village by the County and, where possible, expend the impact fee funds to construct part or all of a roads improvement project shown in the St. Lucie County Comprehensive Plan, St. Lucie Village Comprehensive Plan or appropriate to the implementation thereof and to further notify the Village's Manager/Attorney of any proposed expenditure of such funds and at the request of Village's Manager/Attorney to delay such proposed expenditure for a period of time reasonably sufficient to allow Village's Board of Alderman to advise County's Board of County Commissioners of any objections it may have to said proposed expenditure. . f. Hold the Village harmless should any suit or legal action be brought to contest the validity of any impact fee ordinance or to contest the amount of any impact fee imposed pursuant to the impact fee ordinance. The County agrees to provide any legal defense necessary at no cost to Village in any action associated contesting the validity of any impact fee ordinance or the amount of any impact fee imposed pursuant to the impact fee ordinance. Should any Court order any refund of any impact fee or should any refund be agreed to by County, said refund shall be paid solely by County. g. Provide the Village, on October 1 of each year, annual financial reports and information showing the amount of impact fees collected and expended within each road benefit district. 4 51. Lucie Village Print Date: 01/24/01 Interlocal Agreement (Final) Roads Impact Fee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 10. This Agreement shall be effective from May 1, 2001 through October 1,2005. 24 Termination of this Agreement may only occur if; 1.) both parties agree to the 25 termination, or, 2.) imposition of the roads impact fee is not allowed by state law, 26 or, 3.) upon breach of the agreement by a party and failure to cure the breach within 27 a reasonable time period not to exceed forty-five (45) days. The termination ofthis 28 Amended and Restated Agreement shall not require the County to refund any 5. '-' """" The Village and County jointly agree to acknowledge that, in recognition of the discounts applied to the retail and industrial road impact fees assessments, in the event that any deficits are determined to exist those deficits will be made up through other available revenue sources. . 6. The Board of County Commissioners shall have the final authority pursuant to Section 1-17-30(B) of the SI. Lucie County Roads Impact Fee Ordinance as to whether to accept an offer by a developer to construct part of a road improvement project in lieu of payment of all or part of the roads impact fee. t 7. Nothing in this Agreement is intended to deprive the County of final authority and responsibility for the use and expenditure of impact fee monies collected pursuant to the Roads Impact Fee Ordinance. t 8. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 9. This Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of SI. Lucie County, Florida. 51. Lucie Village Print Date: 01/24/01 Intertocal Agreement (Final) Roads Impact Fee 5 '-' ."J monies collected by the Village and remitted to the County pursuant to this Amended and Restated Agreement. The Amended and Restated Agreement may be extended upon mutual agreement of both parties. 1 2 3 4 5 11. This Agreement shall be filed with the Clerk ofthe Circuit Court of St. Lucie County, 6 Florida, prior to its effectiveness. 7 8 IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their duly 9 authorized officials on the dates stated below. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ( I ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chairman DATE APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney VILLAGE OF ST. LUCIE, FLORIDA Deputy Clerk Chairman DATE: St. Lucie Village Print Date: 01/24/01 Interlocal Agreement (Final) Roads Impact Fee 6 1 2 3 4 5 6 ........ Interlocal Agreement (Final) Roads Impact Fee .,.¡ APPROVED AS TO FORM AND CORRECTNESS: BY: Village Attorney 7 St. Lucie Village Print Date: 01/24/01 , . '-' ..I 1 2 EXHIBIT A 3 4 4 5 6 7 8 IMPACT FEE 9 DEFERRAL ZONE MAP C 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Interlocal Agreement (Final) St. Lucie Village Roads Impact Fee 8 Print Date: 01/24/01 ¡ . 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 '-' ....I INTERLOCAL AGREEMENT (LIBRARY IMPACT FEES) . THIS AGREEMENT entered into this day of , 2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and the VILLAGE OF ST. LUCIE, a Florida municipal corporation, hereinafter referred to as "City" providing forthe City's participation in the County's impact fee program. WHEREAS, County adopted a library impactfee ordinance effective January 1, 1996, and amended that ordinance effective October 1,2000; and, . WHEREAS, said fee is to be effected and collected both in the County and City; and NOW, THEREFORE, IT IS AGREED as follows: 1. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Interlocal Cooperation Act. 2. The County and the Village agree that the County's library impact fee ordinance shall be effective within the Village's jurisdiction unless this Agreement is terminated as hereinafter provided. 3. The Village agrees to: a. Determine the applicable impact fee as specified in the County's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the Village's jurisdiction. Interlocal Agreement (Final) Library Impact Fee 51. Lucie Village Print Date: 01/23/01 -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 4. '"" ....tttI b. Provide to each local applicant for building permit, mobile home permit, or electrical permit for a recreational vehicle park in the Village a statement of impact fees due that are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle park. . c. Contact the County Administrator or his designee when a building permit, mobile home permit, or electrical permit for a recreational vehicle park is applied for that is not specifically listed in the ordinance and to assess the fee as determined for that use by the County Administrator or his designee. f d. Maintain all records used to determine the applicable impact fee as specified in the County's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the Village's jurisdiction. e. Notify the County Administratoror his designee of any application for impact fee refund received by the Village. f. Notify the County Administrator when a developer in the Village, in lieu of paying all or part of the library impact fee, offers to construct part of a library improvement project shown in the St. Lucie County Comprehensive Plan or appropriate to the implementation thereof. County agrees to: Interlocal Agreement (Final) Library Impact Fee St. Lucie Village Print Date: 01/23/01 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '-' >wi a. Provide to the Village administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures necessary for Village to determine the amount of impact fees due that are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle park. . b. Accept the payment of all impact fees due that are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle park in the Village and provide a receipt to the applicant to submit as proof of payment to the Village Building Official. In consideration for the County acting as the collecting agent for the Village, the County will retain two (2%) percent of the funds collected which shall be used as a fee for the administration of collecting and accounting for the collected impact fee funds. 4 4 c. Maintain all records of the impact fee including the name, address, amount paid and benefit district for each building permit, mobile home permit, or electrical permit for a recreational vehicle park issued by any Village. d. Remit to the Village, on a quarterly basis, two (2%) percent of the funds collected on behalf of the Village which shall be used by the Village as a fee for determining applicable impact fee as specified in the County's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the Village's jurisdiction and each local applicant for building permit, mobile home permit, or electrical permit for a recreational vehicle park in the Village a statement of impact fees due that Interlocal Agreement (Final) Library Impact Fee 51. Lucie Village Print Date: 01/23/01 -3- , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 \w --' are associated with the application for building permit, mobile home permit, or electrical permit for a recreational vehicle park. e. Consult with the Village in regard to expenditures of any impact fee funds collected by Village by the County and, where possible, expend the impact fee funds to construct part or all of a library improvement project shown in the St. Lucie County Comprehensive Plan or appropriate to the implementation thereof and to further notify the Village's Manager/Attorney of any proposed expenditure of such funds and at the request of Village's Manager/Attorney to delay such proposed expenditure for a period of time reasonably sufficient to allow Village's Board of Alderman to advise County's Board of County Commissioners of any objections it may have to said proposed expenditure. . 4 f. Hold the Village harmless should any suit or legal action be brought to contest the validity of any impact fee ordinance or to contest the amount of any impact fee imposed pursuant to the impact fee ordinance. The County agrees to provide any legal defense necessary at no cost to Village in any action associated contesting the validity of any impact fee ordinance or the amount of any impact fee imposed pursuant to the impact fee ordinance. Should any Court order any refund of any impact fee or should any refund be agreed to by County, said refund shall be paid solely by County. g. Provide the Village, on October 1 of each year, annual financial reports and information showing the amount of impact fees collected and expended within each library benefit district. Interlocal Agreement (Final) Library Impact Fee St. Lucie Village Print Date: 01/23/01 -4- '"' ....,1 1 5. The Board of County Commissioners shall have the final authority pursuant to 2 Section 1-11-17 of the St. Lucie County Library Impact Fee Ordinance as to whether 3 to accept an offer by a developer to construct part of a library improvement project 4 in lieu of payment of all or part of the library impact fee. 5 6 6. Nothing in this Agreement is intended to deprive the County of final authority and 7 responsibility for the use and expenditure of impact fee monies collected pursuant 8 to the Library Impact Fee Ordinance. 9 10 7. This Agreement embodies the whole understanding of the parties. There are no . 11 promises, terms, conditions or obligations other than those contained herein; and 12 this Agreement shall supersede all previous communications, representations, or 13 agreements, either verbal or written, between the parties hereto. 14 15 8. The Agreement may only be amended by a written document signed by both parties 16 and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 17 18 9. This Agreement shall be effective from May 1, 2001 through October 1, 2005. 19 Termination of this Agreement may only occur if; 1.) both parties agree to the 20 termination, or, 2.) imposition of the library impact fee is not allowed by state law, 21 or, 3.) upon breach of the agreement by a party and failure to curethe breach within 22 a reasonable time period not to exceed forty-five (45) days. The termination of this 23 Agreement shall not require the County to refund any monies collected pursuant to 24 this Agreement. The Agreement may be extended upon mutual agreement of both 25 parties. 26 Interlacal Agreement (Final) Library Impact Fee 51. Lucie Village Print Date: 01/23/01 -5- 1 10. This Agreement shall be filed with the Clerk of the Circuit Court of 51. Lucie County, 2 Florida, prior to its effectiveness. 3 4 IN WITNESS WHEREOF, the parties hereto have caused the execution hereof by their 5 duly authorized officials on the dates stated below. 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 , '"" wl ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA t t ~ Deputy Clerk Chairman DATE APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney VILLAGE OF ST. LUCIE, FLORIDA Deputy Clerk Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: Village Attorney InterlocaJ Agreement (Final) Library Impact Fee St. Lucie Village Print Date: 01/23/01 -6- '-" ..." AGENDA REQUEST ITEM NO. C -4A DATE: May 1, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT µ¡ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam Projects Manager I SUBMITTED BY(DEPT): Central Services SUBJECT: RFP # 01-043 Evaluation/Selection 4 Professional Landscape Architect & Planning Service Continuing Contract 4 BACKGROUND: In July, 1997 the Board of County Commissioners approved continuing contractual services for Professional Landscape Architect & Planning Services for an initial term of three (3) years. These contracts expired on December 31,2001. On March 13,2001 the Board of County Commissioners approved the request to go out for RFP to continue these services. I This was published on March 13, 2001 and sealed proposals were to be received by April 11 , 2001. There were a total of nine (9) Vendors that responded and a Competitive Selection Committee was appointed to review and rank the proposals. This was accomplished first with a Press Release dated April 20, 2001 that was posted outlining the date, time and location for this meeting. On April 23,2001 the Competitive Selection Committee met and established a list In order of preference of the three top proposers they are: Glattlng Jackson Kercher Anglin Lopez Rinehart, Gee & Jenson and Kimley-Horn. FUNDS AVAIL.: N/A PREVIOUS ACTION: Board of County Commissioners approved going out for RFP for Professional Landscape Architect & Planning Service. RECOMMENDATION: Staff requests that the Board of County Commissioners approve the Selection Committee evaluation and choice of Glatting Jackson Kercher Anglin Lopez Rinehart, Gee & Jenson and Kimley-Horn allowing them to enter into a continuing contract with these three (3) Vendors for Professional Landscaping Architect & Planning Service. MISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: Mgt. & Budget: Doug A erson County Administrator Purchasing Mgr.: çr / Other: Eff.1/97 County Attorney: Lì1~ ;J.ß Coordination/Siqnatures Originating Dept: Finance: (Check for Copy only, if Applicable) Other: . ...-,,' , .i . "" ...., DEPARTMENT OF CENTRAL SERVICES MEMORANDUM TO: Board of County Commissioners FROM: Don McLam, Projects Manager THROUGH: Roger Shinn, Director Central Services DATE: April 25, 2001 SUBJECT: Agenda Request Item No. C -4A RFP # 01-043 EvaluationlSeclection ****************************************************************** BACKGROUND:ln July, 1997 the Board of County Commissioners approved entering into a continuing contract for Professional Landscape Architect & Planning Services for three (3) years, expiring on December 31, 2000. On March 13, 2001 the Board of County Commissioners approved staffs recommendation to go out for RFP. There was a total of nine (9) proposals received. A Selection Committee was formed and appointed, on April 23, 2001, to review and rank these proposals with a list of criteria. In order of preference the three (3) top proposers are: Glatting Jackson Kercher Anglin Lopez Rinehart, Gee & Jenson and Kimley-Hom. This Selection Committee was comprised of seven individuals, they were: Robert Bradshaw with Administration, Michael Harvey with Public Works, Julia Shewchuk with Community Development, Linda Brown with Parks & Recreation, Don McLam with Central Services, Katherine Mackenzie-Smith, Attorney and Ruth Totton with Purchasing. Both Ms. MacKenzie-Smith and Ms. Totton were present to assure this Committee followed procedures according to specifications outlined in the RFP package. RECOMMENDATION: Staff request that the Board of County Commissioners approve the Selection Committee evaluation and choice of Glatting Jackson Kercher Anglin Lopez Rinehart, Gee & Jenson and Kimley-Hom allowing them to enter into a continuing contract with these three (3) Vendors for Professional Landscaping Architect & Planning Service. ~~U~~ - Don McLam " I . . .. 0 0 Õ :I . (\J ..10 enO <en \,\J :dl 0011 X I- .... -.9 011 en ì en 0. z 0:: 0 0 :¡¡: ~ 0 ..I :t - ii2 iij rb :t Î :¡: ¡--- X r ffio xz 0-' 0::1- ~~ Zw Oz lr¡ en- ¥:o:: O~ 0 <0. ....0 - 0..1 ~Z t::¡ ~~ 0< en -0. T :ß:I zO C>() ~~ z ci 050 Wen wZ ~ o~ w . >0 _Z 1-- M o . ~~ 0 ..1- 0m 00 , .... 'It 0:: W en :t w ::E w w t: :E ::E 0 0 z 0 ¡:: 0 W ..I ~ M ~ .... o 'It 0. LI.. 0:: W o ~ w en o z Z 0:: Z ~ :5 ~ 0. ::E 011 w ß$I:: !::o:::t xw:t 01-0 o::ii!0 <00 wz !:! %:20 ol-W en <..I o:lW z~en ~¡¡jð ~ I1i ZbO:: 000 iij"!.LI.. m~1I.! 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C) 0 2 -' ¡;: 2 5 ~ C) < In iii g¡ ~ 0 ~ ~ 2 011 0 W In W Z C) !!.t W u ~ ~ o ;;i ~ !:2 -' In o W o c < ¡¡:: W I- ¡¡:: o z o oil ~ tJ ::J W -' I- <> Ï '" o'<t W 0::: '? æ < .. o w 0 IL n. 'It o<n. WOIL o (J æ a:: 0 « z W :> <Í :> ..J 0 <..J> U) < a:: I- z W Z º U) Õ (J C) n. (J Z -' ~ z g @ ~ I- n. n. ,. '-' AGENDA REQUEST ITtM NO. C-4B DATE: REGULAR [ ] PUBLIC HEARING [ ] CONSENT pug TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam Projects Manager SUBMITTED BY(DEPT): Central Services SUBJECT: Payment of Retainage I Recreational Design & Construction North Causeway Island BACKGROUND: On December 7,1999 the Board of County Commissioners approved entering into contract, # C99-12-113, with Recreational Design & Construction for the installation of docks and roof structures at North Causeway Island Boat Ramp. This work has been completed, inspected and approved by Don McLam the Project Manager. On each invoice paid to the contractor there was a 10% retainage, as specified in the contract. FUNDS AVAIL.: 001229-0000-205100-7957 I 316-0000-205100-7623 PREVIOUS ACTION: The Board of County Commissioners approved contract #C99-12-113 with Recreational Design & Construction. RECOMMENDATION: Staff requests that the Board of County Commissioners approve final payment of retainage to Recreational Design & Construction for completed work at North Causeway Island Boat Ramp. MISSION ACTION: ti<:] APPROVED [] DENIED [ ] OTHER: CE: nderson ty Administrator Coordination/Sianatures County Attorney: Originating o~w. ~ Finance: (Check for Copy only. if APPliCable)~ Mgt. & Budget: Purchasing Mgr.: Other: Other: Eff.1197 H;\dge~da request form.~~d --~---- - -- - - , '" 'WI DEPARTMENT OF CENTRAL SERVICES MEMORANDUM TO: Board of County Commissioners FROM: Don McLam, Projects Manager THROUGH: Roger Shinn, Director Central Services DATE: April 25, 2001 SUBJECT: Agenda Request Item No. C -4 B Payment of Retainage/RDC *************************************************************** BACKGROUND: On December 7, 1999 the Board of County Commissioners approved entering into contract # C99-12-113, with Recrcational Design & Construction for the installation of docks and roof structures at North Causeway Island Boat Ramp. This work has been completed, inspected and approved by Don McLam the Project Manager. 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[X ] PRESENTED BY: ~J1~ SUBMITTED BY: Community Development SUBJECT: Request for a Major Adjustment to the existing St. Lucie County International Airport Conditional Use for property located on the south side of Pan Am Way, approximately 150 feet west of Curtis King Boulevard - Draft Resolution 01-015 BACKGROUND: Petition of Pan Am International Flight Academy (Ernesto Velasco, Agent) to consider Draft Resolution 01-015, which would grant a Major Adjustment to the existing St. Lucie County International Airport Conditional Use for the project known as Pan Am International Flight Academy. The project consists of the addition of 2 student dormitories (P A-6 and P A-7). (File Number: BCC-OI.002) t FUNDS AVAILABLE: NIA PREVIOUS ACTION: On June 2, 1998, this Board granted approval to a school building and a student dormitory. On July 28, 1998, this Board granted approval to a school addition. On March 7, 2000, this Board granted approval to a student dormitory, a 2,400 square foot addition to the existing school, and a new 15,000 square foot school building. RECOMMENDATION: Approve Draft Resolution 01-015, granting a Major Adjustment to the existing St. Lucie County International Airport Conditional Use for the project known as Pan Am International Flight Academy for property located on the south side of Pan Am Way, approximately 150 feet west of Curtis King Boulevard. COMMISSION ACTION: E: [x] APPROVED [ ] DENIED [ ] OTHER: (4-1) Barnes-No coo""^oom,,,X Review and ADurovals Management & Budget: Purchasing: Origin4lingDcpartment: Olher: Other: Finance: (Check for Copy only, ifappJicable) '" '-' -' COUNTY COMMISSION REVIEW: May 1,2001 Resolution 01-015 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners Prom: Community Development Director Date: April 25, 2001 Subject: Petition ofthe Pan Am International Flight Academy (Ernesto Velasco, Agent) for a Major Adjustment to a Conditional Use. (File Number: BCC-OI-OOl) The Velcon Group, Inc. has applied for a Major Adjustment to the existing St. Lucie County International Airport Conditional Use to allow for the addition of 2 student dormitories (P A-6 and PA-7). The subject property is located on the south side of Pan Am Way, approximately ISO feet west of Curtis King Boulevard. Because the proposed project is located on Airport property, approval by the St. Lucie County Board of County Commissioners is required. The Development Review Committee has reviewed the above referenced adjustment and found it to meet the minimum technical requirements set forth in Section 11.02.03(D) of the St. Lucie County Land Development Code. Staff recommends approval of Draft Resolution 01-015, which would grant approval to this major adjustment. Please contact this office if you have any questions on this matter. SUBMITTED: <- aI.Shewchuk,AICP mmunity Development Director hf cc: Emesto Velasco, P.E. R. Errol Houck File , I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ~ ""'" RESOLUTION 01-015 FILE NO.: BCC-01-002 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO THE EXISTING ST. LUCIE COUNTY INTERNATIONAL AIRPORT CONDITIONAL USE FOR THE PROJECT KNOWN AS PAN AM INTERNATIONAL FLIGHT ACADEMY ~ · · WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, based on the testimony and evidence presented, including but not limited to the staff report, has made the following determinations: 1. Pursuant to Section 3.3.122(7) of the SI. Lucie County Zoning Ordinance, effective July 1, 1984, and Section 3.01.03(W)(7)(a) of the SI. Lucie County Land Development Code, effective August 1, 1990, the St. Lucie County International Airport is considered to be an existing Conditional Use. t 4 · 2. Pan Am International Flight Academy (Ernesto Velasco. Agent) has applied for a major adjustment to their existing conditional use permit to allow for the addition of 2 student dormitories (PA-6 and PA-7) for the project known as Pan Am International Flight Training Academy to be located on the south side of Pan Am Way, approximately 150 feet west of Curtis King Boulevard. 3. The Development Review Committee has reviewed the site plan adjustment for the proposed project and found it to be consistent with the standards of review as set forth in Section 11.02.09 of the SI. Lucie County Land Development Code, the general purpose, goals, and objectives of the SI. Lucie County Comprehensive Plan, and the Code of Ordinances of SI. Lucie County. 4. On May 1, 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. 5. The proposed Major Adjustment to an Existing Conditional Use is consistent with the goals, objectives, and policies of the SI. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the SI. Lucie County Land Development Code. 6. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborþood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare.. 7. The proposed project will be serviced by adequate public facilities and services. File No.: BCC-01-002 May 1, 2001 Resolution 01-015 Page 1 " I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '-' ""'" 8. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on May 1, 2001. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida: , A. Pursuant to Section 11.02.05 of the SI. Lucie County Land Development Code, a major adjustment to the conditional use and project known as Pan Am International Flight Academy is hereby approved as shown on the site plan drawings for the project prepared by Velcon Group, Inc. dated March 23, 2001, and date stamped received by the SI. Lucie County Community Development Director on March 26, 2001, for the property described as follows: I A PARCEL OF LAND SITUATE IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED A S FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 30, AND RUN NORTH 00'29'02" EAST ALONG THE EAST LINE OF SECTION 30, A DISTANCE OF 48.00 FEET TO A POINT; THENCE, NORTH 89'29'58" WEST, A DISTANCE OF 74.00 FEET TO A POINT ON THE WESTERLY LINE OF CURTIS KING BOULEVARD; THENCE, NORTH 00'29'02" EAST ALONG THE WESTERLY LINE OF SAID CURTIS KING BOULEVARD, A DISTANCE OF 711.43 FEET TO A POINT; THENCE, NORTH 89°27'43" WEST, A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING, AND EXTENDING THENCE: (1) NORTH 89'27'43" WEST, A DISTANCE OF 480.00 FEET TO A POINT; THENCE, (2) SOUTH 00'32'17" WEST, A DISTANCE OF 190.00 FEET TO A POINT; THENCE, (3) SOUTH 89°27'43" EAST, A DISTANCE OF 480.00 FEET TO A POINT; THENCE, (4) NORTH 00°32'17' EAST, A DISTANCE OF 190.00 FEET TO THE POINT OF BEGINNING. CONTAINING WITHIN SAID BOUNDS, 2.0937 ACRES (TAX ID#: Part of 1430-441-0003-000/0) (Location: South side of Pan Am Way, approximately 150 feet west of Curtis King Boulevard, St. Lucie County International Airport) B. The approval granted under this Major Adjustment to an Existing Conditional Use approval shall expire on May 1, 2002, unless a building permit is issued or an extension is granted in accordance with Section 11.07.05(F) of the SI. Lucie County Land Development Code. C. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on May 1,2001, shall remain valid for the_ period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the SI. Lucie County Land Development Code, a new certificate of capacity shall be required. Resolution 01-015 Page 2 File No.: BCC-01-002 May 1, 2001 · I 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 '-" ~ D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Pan Am International Flight Academy, 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 Federal Aviation Administration, St. Lucie County International Airport, 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. ~ I t E. The St. Lucie County 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 Paula A. Lewis XXX Commissioner John D. Bruhn XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED This 1st Day of May 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk hI H:IWPIRESOLUTI. NIFtNISHEO.O 1 IPanAm2.CUIPanAm2RES.wpd County Attorney Resolution 01·015 Page 3 File No.: BCC-01-002 May 1, 2001 , 'i w . ~ ~ æ . >. E Cill 0"'0 :;::::;ro roü C« "- ill +--' C ro 0) C .- C E'~ «I- +--' c..c roO) 0....= LL . w -11"1"3.0' ~ ~ æ ç Z ::J o o cr: w > ä: w :'i æ ~ o ;!; '- -' ___ z C\.I o o I .-- o " E ~ . " ~ 6 £- g ~ " o ¡:: <Ô Õ; 0 (\! > :;:; . . " E ~ " ~~ o 0 , - E .~ E ~ o ~ u ~ ~ o . " . §....9-... ,I:> \}'L~C~' o o · , ~ · o " " ¡ , · · o --:-~l_ ~/~(::J;;~ L-------- ,;;'\::5 ---..-. '-----I\___j'f~ ù " · · · " · §.....<jc... 'a,.,,,-~'"" · · , > /' ü ü CO c ~ ~/ ~ o " - O:'j'" "" .- . . - " g NiiH"Ö(¡ ------1 ~~ t "1 w ~ ~ æ . ~ ::J o o -¡¡;;õ~ NN'HS O,OH-3~0I~-Ü:ÕH. . i J____ ---"(¡'ii!.--::¡;ÑYj- H3O'P~ --Ò¡'O!:l-]i,il~¥iI . ¡ aN ~NO"J)H ....» w z ~ <{ ::;; . :'i g O':öŸ"aHNS --¡;,o111:10 ,--~o~ I æ ,,-J 1'">3 , -J lVNVJ \l~/ ~ ~ w / æ o /" ~~~~ S v£ 1 s " s " ~ ~ .,. AlNn08 3380H833>10 , \w -' A Petition of Pan Am International Flight Training Academy for a major adjustment to an existing conditional use. "0 l- I 0 > QJ ::J 0 m CJ1 c y: (f) +-' I- ::J U F. P. F. D. D. Conal No. 26 St. Lucie Boulevard -, ~-~-~-'-~'--... " J j ¡ ¡ BCC 01-002 W~ This. pattern indicates subject parcel ".,'1 ~ G.eograPhiC Information Systems . . Map prepared March 27. 2001 ""~IwIÞØncomplecfbflj ll'Wlll~nfNillrlr'Þ::.~Ißt. N wtIIII..-y Mbtlwl ÞØn..-., JIIO"ÖI'" m::ÞRC>.I:r8I1Iø IiCICUIlIII rII:wmIIIon XJIIIItM,..roIlrWldldlor_..liIogeIybindngdi:>::unw1l , '-' Zoning Pan Am F. P. F. D. D. Canal No. 26 IL -, ~-----!-.\. -.....') I í ¡ ¡ BCC 01-002 V ZA This, pattern indicates subject parcel ......, International "0 L 0 > Q) :J 0 m 0' c ~ If) IL +-' L :J U st. Lucie Boulevard C IL Community Development Map prepared March 27, 2001 . . ThIIn-.ptubMnCOtf'4)lldforgennl~andtftnncl~anIy. N l WhI.-.¡eIbt___k>pnMdIo1he......c;v,..,¡n.....- ~~.k~noInctndtdb'......legd'fbirdngdownllt, , '-' '-" Land Use Pan Am International F. P. F_ D. D. Conal No. 26 -, ~-~""._,-,,,.,,,, '\ I í ¡ ¡ INO BCC 01-002 V/¿:/j This, pattern indicates subject parcel St. Lucie Boulevard I '0 '--- 0 > QJ ::J 0 m CJ1 c ~ UJ ..... '--- ::J U C M INO ~ Geographic Inform. ation systems. '" Map prapared March 27.2001 . . ThilII'oIp"'~~b'¡; ll'lllalpllnnhgardm-a¡:upc:.aoriy N l D' VtNIIo.....Mbt,..bM:1m11d1olD >fOYiœ!h8I1'1011W1'1111'11_~ þ 1 1"\ hfoImriDnpoulb/ll,Ø.notirlllf'o»dlor",u.Mgdj'biIdIng~. .# ~ Pan Am ""'" International BCC 01-002 V/~ This, pattern indicates subject parcel _Community Development . ~ Geographic Information systems. '" Map prepared March 27. 2001 . . T1M1TIIPt-.beIIn~lorl llll'l8t8lpilrAng"""'-'-~O'Itt' N ....,...-.ylllorlhMbellnllllldllO~....mœlcur.-.ln:I~ InfClfl'Nlon~.t"noIitt~IDr.....llgalrbrdngllol;!.omd. " '-' ....., 1010 l.gal NDlíc.~· 1101~l.gal·NDllces/ ST. LUCIE COUNTY BOARD Of COUNTY COMMISSION PU8l1C HEARING AGENDA MAY 1,-2001 "TO WHOM IT MÀV CONCERN; NOTICE ¡~ hereby given in accQrdance with Section 11.90.03 of the SI. Lucie County land Development Code_ and "in accordance with Ihe- provisions of the St~ "Lucia County Cot11prehensive..Plol;I"tt-¡ol the. 51, ludeC6unty Boord bf CO<Jnly Commisiioner,s consider their reqU;ØSt"os · follows' . . 1 Pon An1 Inlernalio.oor Flight Academy has petitionee! St. Lucie County' for a mojo..- adjustment 10 Ihe Sf. Lucie County Inlemational Airport COl'lditional Ùse to allow the consiruction 012 student dormitories for the- fc::,IIQWing de,~cr¡bed proper,ty" A PAR'C-El ÓF lAND $ITUATr IN SECTION 3D, TOWN· SHIP 34 ·SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY. flORIDA. MORE PARTlCUlAIH Y ,DESCRIBED - ·AS FOllOWS: COMMENç::,e AT THE, .SOUTHEAST ÇORNER OF SEC- TION 30: AND RUN NORTH 00"'29'02" EAST ALdNG THE EAST. LINE OF SECTION 30, A DisTANCe:OF 48:00 FEET,TO A POlf'JT; THENCE, I;'IORTH,è9°~~'58·' W.tST. A bl$IANC"E o'F 7..QO fEET TO ^ POINT ON THE WESTERLY LINE OF CURTIS KING BOULEVARD; THENCE. NORTH 00°29'02" EAST ALONG HiE WES,T- ERl Y LINE OF SAIOÇURTlS KING BOULEVARD. A..DIS- TANCE, OF 711."3 'FEET TO A POINT; THENCe. NORTH 89"27'43" WEiST. A DISTANCE Of 90.00 FEET: TO THE, POINT Of BEGINNING. AND EXTENDING THENCE, , . (1) NORTH 89°27'''3" WEST. A DISTANCE OF 480~OO FEET TO A,.POINT; THENCE, '. (2 ' SOUTH 00°32'17" weST, A DISTANCE Of -190.00 FEET TO A POINT; THENCE. 13) SOUTH 89°27'.3" EAST. A DISTANCE OF- 480.00 ,FEET'FO A 'POINT; THENCE, ¡..) NORTH Oo032'17"EAST~' A DISTANCe OF 19'O~OO FEET TO THE POINT OF' BEGINNING. ' . . CONTAINING WITHIN SAID BOUNQS, 2.0937 ACIi,és, · (TAX 10#: Port óf 1 ..30.....1.0003:000/01 . (loc.ali9n·: South side of Pan Am Way,.QpProxlmately. J,5,O feet west of Curtis King BouleVard, $t_ lude County Infer_ , "?tional Aiepaet} , . 2. Wetwol, Inc.. has petitioned St. LuCie County fer a Change in Zoning feo~ the CN (Commercial, Neighþar- hood) Zoning Disteid to the CO '(Commerclal, Office) Zoning District for the fallo_ing 'c;lesC1'ib&d property: 1.0TS 13 THROUGH i 8, ~lOCK 9. AND THE NORTH 10 FEET OF THE VACATED AllEY ADJACENT ON THE · SOUTH lOT LINE. WHITE CITY SUBDIVISION. ACCORDING TO THE PLAT ,THEREOF, RECÖRDED ON PLAT 800K I, PAGE 21. PUBLIC RECORDS OF ,ST. LUCIE COUNTY. FLORIDA. (TAX.ID#'s: 3404-501- 0049.000/2, 34'04:501-0050-000/2, AND 3./104'501 -0051-000/9) (locotlan: 909 West Midway Raed) PU8l1C HEARINGS will be held in the ¿OO~ty Commb· $'0" ChQmb"s, Jrd ftoor of the Ragee Poitras Admlnlsh-o- tiol\ Annex, 2300 V,rgillia Ayenue, fbrt Pi_ce, FIQI'"ida, on ~Aµ,il 1/.2001, beginning at 7,00 P,M. or os soon there- ol1er a \ possible. '"PURSUANT TO SectIon 286'.0105, Fladda Statutes, if a penon dccidp.s to a 1peol any decislón'modeby'o bOo.-d. agel1cy. 01' commission with eesped to any matter con,id- ered at (J meetIng or heodng. he will need a recOl"d of the proceedings. and thaI. for such purpose. he may IMed to ;'. '-eiuuo;e tool <~ y(...botinl n~CQl"d of the FOceedings is mode, :ovh.i<;h recOfd includes the tesiimony and e<o-Idence upon ·:whicto the appeal;$ to be based. BOARQ Of COUNT.Y COMMISSIONERS ~ ,P,JU<:IE,COUNTY FLORIDA '.,;'151 FRA:NNiE'HUTéHINSON. CHAIRWÒMAN :~",' " . it :1,' .,.' . h.r.\ ,~'~$f)"".~~¡, ,1"a.- 2001' 'C'. - . "'1 2126464 '<,;f' r'. F+. pìevx." ~Y'·.p\.l." e.. 1-1/)8/0 I ,~ ~ ,__,."pMnn"_".m, ,.._'H. -'-"'T'-'''''''n'n, 010 MiNiM NIOO!~I_ ~ ~iO M'M,M MI~¡ Ii I/") 0'0 \0'\0)\0 \01"d"i ¡¡ "1" ~!9 V?'V;¡~ ";"I~j ,!j ~ 00;0 MiNiM NI~IMI 00 ~'I/") OO¡OO.OO OO'~I\OI 8 ~I~ ~:~I~ ~I~¡~I! ~ ~¡~ ~:~!~ ~!~i~li '" ..,. '" ..,. '" '" 00 ~ '" N ~ 00 '" ~ ..,."'..,. 6..J.~ V)t-V) "''''''' ..,...,...,. 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"'·N ......., ····ì d ...... "';':I'~jl<$~: ~ :d-;}8 :. . .:: t: :~::~ :I~." s::t :$j}:~::..:; ~:il i!ªjl~l~ ~l~~t~¡~.~ .~.~ .~. ffiEËi,t<£~~~ 4 f t t t ... '-' 'WJI BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 24, 2001 Tape: 1-2 Convened: 9:00 a.m. Adjoumed:ll:15 a.m. Commissioners Present: Chairman, Frannie Hutchinson, Doug Coward, Paula A. Lewis, John D. Bruhn, CliffBames Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Ass!. County Administrator, Dan McIntyre, County Attorney, Julia Schewchuk, Community Development Director, Paul Phillips, Airport Director, Ray Wazny, Public Works Director, Beth Ryder, Community Services Director, Roger Shinn, Central Services Director, David Rodriguez, Human Resources Director, Dennis Wetzel, IT Director, Jim David, Mosquito Control Director, Bill Balzak, Utilities Director, Jack Southerd, Public Safety Director, Marie Gouin, M & B Manager, Don Cole, Acquisitions Manager, Don West, County Engineer, Don McLam, Leisure Services, Gayla Barwick, Tourism, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-029) It was moved by Com. Bruhn, se'ð%nded by Com. Coward, to approve the minutes of the meeting held April 17, 2001; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS None 3. PUBLIC COMMENTS (1-040) Mr. Robert Anderson, Indrio Road resident, addressed the Board regarding item C-2B and questioned if the money received would be used for the park improvements. The Projects Manager advised Mr. Anderson that it would be up to the Board's discretion where they wanted to utilize the funds. Mr. Anderson also requested the Board consider not moving forward with the extension of the gas tax due to the price increase. 4. CONSENT AGENDA (1-154) It was moved by Com. Lewis, seconded by Com. Barnes, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 29. -1- " 001128- 001130 001217 001252 001258 001259 001804 001809 101 101001 101003 101006 102 102001 103 105 107 '.107002 109 III \t--.- ~ **' t ~ '-.j \--- ~ o¿ "-Ì. ~ , 114 115 116 117 118 119 120 121 122 123 126 136 138 139 140 140001 ;1.60 1.83 183001 183002 183004 183212 184203 IP<;OOl 203 186 186204 205 215 235 242 282 304 316 316001 352 401 401220 401221 418 421 441 451 461 471 491 r 505001 510 611 625 630 650 673 691 694 _, __ ~_ _c~ ... .........~'-'I. ~"~~ior 112/MPO/FHWA/Planni:- -"01 O~lity Action Agency ~_",01 ußP-Reglonal Attenuation Facility Urban Mobile Irrigation Lab· Grant TDC Planning Grant FYOO/Ol Emergency Mgmt. Prep & Asst. FY 00/ SFWM/SLSWCD Well Monitoring Program SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Drug Abuse Fund River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Monte Carlo Lighting MSTU#4 Fund Pa}m Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court OSCA-Court Reporting Grant 00/01 Ft. Pierce Beach Restoration SHIP Housing Assistance FY 00/01 FHFA-SHIP 98/99 Recycling Operating Fund Recycling & Education Grant FYOO/01 Beach Bond I&S Fund 5-Yr Bldg Bond Anticipat.I&S Fund Becker Road I&S Fund Port I&S Fund Environmental Land I&S Fund Communication System Fund County Capital Transportation Capital SHI Wastewater Treatment proj Fund Sanitary Landfill Fund Litter Control & Prevention FYOO/Ol Wast Tire Grant FYOO/01 Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund Holiday Pines Utilities Fund Building Code Fund Information Technology Fund Health Insurance Fund Property/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund Agency Fund S. Hutchinson Fund North AlA MSBU Raintree Forest MSBU GRAND TOTAL: !:>UU,J06.98 819. 221.~ 1,110.02 203.18 57.05 282.21 1,098.68 103.21 22,781. 07 6,663.13 2,625.22 5,887.00 19,114.82 14,409.92 5,146.91 88,886.67 218,983.01 3,496.09 3,750.00 98.72 22.26 6.84 26.33 467.48 15.74 3.77 749.85 23.44 5.19 2.14 24.51 7.17 3.23 48.26 3.80 28.78 5,159.18 106.10 991. 61 ....2,368.17 fI'~ 286.59 150.00 363.64 6,223.50 1,350.00 210.00 11. 08- 167.41 49.18 3,868.03 1,702.55 319,822.50 2,033.24 6,368.41 7,580.44 207,393.26 28,257.00 19,542.00 34,840.37 2,203.50 15,280.25 28,828.80 91.42 3,671.24 4,524.64 20,252.50 3,786.47 10,276.57 44,046.59 21,652.30 167.35 13,604.86 960.95 8,279.67 18,077.55 3,334.90 1,046,368.75 9,888.94 7,127.49 2,816,730.08 23,044.15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 !II 0.00 0.00 0.00 0.00 0.00 .... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0..00 0.00 0.00 0.00 0:00 0.00 0.00 0.00 0.00 0.00 0:00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ..r 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,491.86 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 '. 0.00 ?9,536.01 , \w """" 2. CENTRAL SERVICES A. Equipment Request No. OI-247/Budget Amendment No. 01-138- The Board approved the equipment request and budget amendment to transfer $2,067 to the equipment account for the purchase of a cordless system for the hearing impaired to be used in any meeting room. B. Indrio Road (SR 614) & Indrio Road School House Park- The Board approved, recognized and acknowledged that the Indrio Road Widening Project will result in a decrease in park property and to seek reimbursement ofthis property with FDOT at fair market value. C. Ocean Bay Beach Park- The Board approved the Second Amendment to the contract with Recreational Design and Construction to extend th completion date, and authorized the Chairman to sign the amendment. D. ADA Bathrooms/Frederick Douglas & Lake Park- The Board approved the release of retainage to Chuck Enns Construction Company. 3. PARKS AND RECREATION Contract Approval- The Board approved the snack vending contract with Lance, Inc., and authorized the Chairman to sign the contract. 4. COMMUNITY DEVELOPMENT A. Job Growth Investment ctßnt Agreement Amendment- The Board approved the First Amendment to the agreement with Twin Vee Powercats Inc., correcting paragraph 2 of the agreement from two years to five years. B. TourismÆquipment Request No. 01-249/Budget Amendment No. 01-140- The Board approved the equipment request and budget amendment to purchase Adobe Web Collection Software. C. Equipment Request No. 01-248/Budget Amendment No. 01-139- The Board approved the equipment request and budget amendment to purchase software to complete the countywide redistricting programs based on the 2001 census in the amount of$3,100. D. Paleo Hammock Florida Communities Trust Grant Award Agreement- The Board approved the agreement and authorized the Chairman to sign the agreement. E. Grant Application- The Board approved submitting the grant application to the Florida Department of Transportation Highway Safety Grant Program to fund a BicyclelPedestrian Coordinator Position. 5. PUBLIC WORKS Engineering/Indian River Drive Shoreline Stabilization Project- The Board approved the design proposal in the amount of $43, 763 with Taylor Engineering, Inc., and authorized the Chairman to sign the proposal. , -2- ., '-' 'VI 6. HUMAN RESOURCESIRlSK MANAGEMENT A. Annual Payment for Prison Health Services, Inc. The Board approved the payment to P.H.S. in the amount of$36,880.97 ITom reserves for inmate medical (Fine & Forfeiture Fund) to inmate medical expenses. B. Second, Third and Fourth Year Phase of the Pay & Classification Study- The Board approved the second, third and fourth year phase ofthe study. 7. PUBLIC SAFETY Grant Application- The Board approved authorizing the Chairman to sign the grant application to the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Derelict Vesse! Removal Grant Program. 8. COMMUNITY SERVICES Satisfaction of Down Payment Assistance Mortgages- The Board approved accepting the mortgage satisfactions and authorized the recording thereof. 9. COUNTY ATTORNEY A. Children's Home Society of Florida, TC Division- The Board approved the Second Amendment to the June 22, 1992 Facilities Use Agreement, and authorized the Chairman to sign the amendment. B. Resolution No. 01-95/Ch~~ges to St. Lucie County Investment Policy- The Board approved adopting Resolution No. 01-95 as drafted. C. Allstate vs. St. Lucie County/Litigation Expense- The Board approved Budget Amendment No. 01-141 to transfer seventy thousand and 0/100 dollars ITom the contingency account to cover the County Attorney's professional services account (001- 1410-531000-1920) to cover costs of defending the litigation. 10. INVESTMENT FOR THE FUTURE Reallocation of Funds- The Board approved the reallocation of$40,000 ITom White City Park to Pop Warner Football Field for materials and installation ofre-lighting. II. AIRPORT A. Master Drainage Plan Project- The Board approved accepting theFDOT Joint Participation Agreement, authorized the Chairman to execute the JP A and the resolution authorizing the Chairman to sign the agreement in the amount of$200,000. B. Airport Drainage Master Plan- The Board approved Works Authorization No. I with HNTB and the Scope of Services in the amount of$107,805 and the Scope of Services for Topographic Mapping and Photographic Services in the amount of$91,826 for a total project cost of$199,631. 12. PURCHASING Request for Proposals- The Board approved re-advertising the proposed RFP for lease of the North Dock on South Causeway Island. -3- " '- -' --- REGULAR AGENDA 5.A NO PUBLIC HEARINGS SCHEDULED 6. AIRPORT (1-686) A. Ancient Oaks Property in White City- Consider staff recommendation to approve the funds required for early termination of the Lease of Purchase Agreement with the Trust for Public Lands and authorize staff to proceed with closing as soon as possible. The Acquisitions Manager addressed the Board on this item. Com. Barnes commented on staff pursuing state grants and the ranking. Com. Bruhn commented on the ranking of the parcel. Staff addressed Com. Barnes comments and stated the scoring has become more difficult and projects are ranking much higher. Staffis not sure at this point whether Ancient Oaks will get funded this year or next year. IfTPL is not paid offthis year, they would then have one more year. Com. Barnes stated he wanted to be sure that we were doing all that was possible in order to obtain the grants and if everyone else was getting more competitive, then we needed to do the same. It was moved by Com. Barnes, seçonded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carrilifI'unanimously. , B. South County Regional Stadium Donation Agreement- Consider staff recommendation to approve the Donation Agreement and authorize the Chairman to sign the agreement. Com. Coward expressed his concern with this being open ended and a time frame not being stated. The County Attorney stated ifthe Board so desired, he could go back and discuss the time frame. Com. Barnes stated he was comfortable with this as written and he did not want to place a time limit. Com. Lewis stated she looked at this as a positive issue and stated the county is probably not capable or can promote events and hopes the developers will promote activities for the stadium. Com. Coward stated he too felt this was a positive partnership, but, wanted to make sure it was not open ended beyond the county's control. It was moved by Com. Lewis, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. C. Cultural Affairs Council Vacancy- Consider staff recommendation to fill one of the vacancies on the Cultural Affairs Council from the list of nominees submitted by the Council, and to reappoint Sam Patterson for a second term on the Council. çom. Lewis advised the Board that her previous 'appointee, Leland Carpenter declined his previous appointment and would like to serve on this council. -4- , '"" ....I Upon tally ofthe votes, Com. Hutchinson voted for Pat Pollock, Com. 's Bruhn, Barnes, Coward and Lewis voted for Leland Carpenter. Leland Carpenter was appointed to the Cultural Affairs Council by a vote of 4 to I. 7. CENTRAL SERVICES RFP No. 01-039- /Janitorial Services- Consider staff recommendation to approve either the committee's first recommendation of housekeeping services in-house or the committee's second recommendation of entering into a contract with Building Services International for two years with an option for two additional terms of I year on the same terms and conditions. After discussion, it was moved by Com. Lewis, seconded by Com. Barnes, to approve providing housekeeping services in-house; and, upon roll call, the vote was as follows: Aye's: Barnes, Lewis, Coward, Hutchinson, Nay: Bruhn j Com. Bruhn stated his opposition due to the fact he felt that in the future they would be back to privatizing this service and have to layoff personnel. The Central Services Director advised Com. Bruhn that previously they had not laid off personnel, but had used attrition as their basis for abolishing positions and privatizing. Motion to approve in house housekeeping services carried by a vote of 4 to I. 8. ADMINISTRATION (1-11546) A. Recreation Workshop FollÇlw up- The Board had a follow up discussion on the workshop held on April 4, 2001. 4~ ., The County Administrator advised the Board that # I of staff recommendation, is suggesting moving forward to contract with Glatting Jackson for an amount less than $20,000 to get the process going. Com. Barnes stated he was under the impression that at the workshop, it was the consensus ofthe Board not to have a full blown master plan for every recreational possibility i.e bike paths, pedestrian ways, every possible form of recreation for the county for the next 20 years. He thought the Board wanted to focus more on a project which would significantly upgrade active recreation areas and help the county build regional parks. Also some focus on funneling some funds for neighborhood parks. It was not his intention to try and solve every recreational problem in our county for the next 20 years or even study on this, but, however, to build some first class facilities that would address the priorities ofthe two oities and the county. He does not want to hire Glatting, Jackson to spend a year doing the former if they want to concentrate on the latter. Com. Bruhn concurred with Com. Barnes and stated he felt our recreational staff and legal staff could come up with language for the teferendum and what kind of parks could be developed. Com. Coward stated he felt the Board did not need to be rushed to get to a referendum, but felt that they needed to do their homework and find out what exactly they need then put a cost associated with that and try to determine how it will be accomplished, which may entail a voter referendum, not looking at a voter referendum immediately and go backwards. Port St. Lucie has not started their needs assessment, the county only has a draft and neither PSL or the county has finalized it to get a true feel of what it is we need. We have also not have enough interaction with the community to find out what they believe we should have. -5- / '-' '-' Com. Barnes stated he would like to see the needs assessment done and budget in time to where if we need to put it on the ballot we can. He stated he was shooting for the December, 2001 election ballot. Com. Bruhn stated he felt our staff could do the needs assessment more in detail than the consultant can, since they are directly involved. Com. Lewis stated she shared Com. Coward's comments in that we have not identified a property or place. She is concerned that in the haste to get on the December ballot, we will rush the process and felt they needed more time to get together with staff. She expressed concern on not getting all their ducks in row with a thorough presentation for the December bal1ot. Com. Barnes stated they have six months, and if they can come up with another revenue stream and not have to put it on the ballot, fine, however, ifthey cannot decide what m~or recreation is needed in the county, they the county does not have the right staff. . Com. Lewis stated she does not have a doubt that staff can get all the infonnation together, what she has doubt about is presenting it properly. Com. Coward stated he concurred with Com. Bruhn and did not want to see a full blown master plan either. He is advocating for the basic needs assessment. He would like a plan of action and not just throw $20,000 out there into spinning wheels. Com. Hutchinson stated that they needed to give staff clear direction. She felt there was not a need to give it to the advisory board. In the past the advisory board brought things forward and the Board has not acknowledged them. ~~ It was the consensus of the Board to put # 1 on hold at this point. # 2 Staff put together zones based on the Commissioner's districts. Com. Barnes suggested White City and Indian River Estates be combined. The Board concurred. Com. Barnes suggested the individual names of the Commissioners be removed. The list is as follows: 1. Indian River EstateslWhite City 2. City of Port St. Lucie 3. City ofFt. Pierce 4. Lakewood Park/No. Hutchinson Island 3. Regional Park System be defined. Find out what is needed in the zones, what kind of sport and then how big the piece of land should be. It was the consensus of the Board to eliminate the tenn "Regional Park" as defined in the book and come up with another tenn to identify the project. Ms. Brown, the Administrative Manager for Parks and Recreation advised the Board that letters have been sent to the cities in reference to the property that they may have existing for facilities or expansion. They are in the process of their needs assessment and they can check with them to see how far they are. They can schedule a meeting and she will get back to the Board with the time fÌ'ame. -6- ~ ....,; Com. Brulm suggested contacting the cities and finding out how soon they can have their assessments done. 4. That it be decided, after study, whether we are going to hold a General Obligation Bond Referendum or Sale Tax Referendum ~ I Com. Coward stated he strongly did not agree with the comments made previously that the Recreation Advisory Board should not be plugged into this process. He agrees that they should not put everything on hold until their next meeting, but they should provide direction for their next meeting. This is an issue he would like them to be plugged into. f Com. Barnes concurred that they should be plugged in. I The Asst. County Administrator advised the Board that the RAB has had the opportunity to review the needs assessment twice. « The Administrative Manager stated that at the next meeting recommendations will be taken and that there are several questions on items which need to be answered. I 5. That there be a second referendum at the same time to continue the Tax Abatement Economic Development Incentive Program. Com. Barnes requested discussion on the referendums which need to be held. He felt there was not a need to have 2 referendums and pay the cost when you can have one with both issues on the same referendum. The County Administrator advised the Board that the tax abatement expires November of 2002 and they need to have a referendú'it some time prior to November of next year. Com. Barnes stated there is scheduled election on December 4th of this year and the money has been appropriated. It is a city ofF!. Pierce election. The County Administrator asked if the general obligation bond and sales tax referendum was one of the issues the Board wished the RAB to review and provide recommendations. Com. Barnes said yes, however, staff needs to inform the Board how much would be raised and what would be the pay back period. Staff needs to take the lead and advise the Board of the implications of one vs. the other. Com. Barnes commented on the inventory needed by the cities. Com. Coward stated he cannot emphasize enough that the parcels should be located in the urban area where people live and not go out west and create some regional park on agricultural land to try and solve this problem. He suggested looking at the area around St. Lucie West and parcels within the city and need the city to give us direction as to what might work. 6. Assess need and inventory existing land and facilities by zones. This includes both cities and the school district. Com. Barnes stated that someone in the county should know the number of parcels we have under ownership. The cities and the School Board know what they own, we need to decide where we have parcels ofland that are big enough and undeveloped that can be used. Com. Coward stated there has to be an overlap between the inventory and the needs assessment and not just from land perspective. -7- '- "'-" Com. Hutchinson stated that they also need to know what parks are existing and abutting, can be join them through pedestrian trails, etc. Com. Barnes requested the inventory be done on the GIF. Com. Barnes suggested public input to assist in assessing the needs and at some point an expert will be needed to tell us what, and how much we need to serve the demand. ~ f The County Administrator stated he would do a list of items which should be contracted out for assistance ftom a company such a Glatting Jackson. He could present a scope of services and require a cost be given for their services. . The County Administrator advised the Board that staff will be putting together a list of things that they feel they need assistance on, walk it around to the Board and get a proposál ftom Glatting Jackson on what they would charge to do it. I The Board did not agree with this suggestion. . Com. Hutchinson stated that what they need to do is, bring back what they have requested staff to do today. I The County Administrator stated the following as to what he felt was direction given by the Board: 1. Project team to consist of: Robert Bradshaw, Pete Keogh, Sonya Smith, Linda Brown, and Gary Perdew. Com. Bruhn requested this team not be bogged down with recreation needs, but concentrate on the finance aspects and design etc.,. Com. Hutchinson suggested stat'tínish with what has been requested, and ftom here on out a report be presented to the Board at every meeting. The County Administrator re-capped the Board's requests: 1. Zones are okay with the exception that Indian River Estates and White City will be combined, there will be 4 zones and the Commissioners names will be deleted. 2. Need to determine what activ, '('cmu/ion parcels are required, regional parks will be different sizes, based on needs 3. Linda Brown will check with the cities to see where they are in process at this point and also get a time frame from the cities on how long it will take to complete the assessment. 4. Will be coordinating with the Recreation Advisory Board on this issue. They are reviewing a needs assessment now and will be completing this at their May meeting and will report back to the Board. 5. The following Tuesday a report will be given' as to what occurred at the Recreation Advisory meeting. 6. Inventory existing lands available including acreage to include the School Board and the two cities inventories and place on the GIS. To include private lands available. -8- '- .....,¡ 7. Staff will try to define what areas they feel they need professional assistance on and walk around to Board to see if they concur, and then ask Glatting, Jackson to give us a cost proposal for their services. 8. Also include implications of: existing revenue streams, do we need a referendum, can it be bonded etc.,. J Com. Coward asked if in their determination of what outside assistance is needed will be based on current staff or the positions which will be filled and what affect bringing the people on board will have. ~ The County Administrator stated this will be taken into consideration. t The Board concurred with the 8 items listed as presented by the County Administrator. B. Bi-Weekly Committee Reports- The Board gave an update on the various committees and advisory boards they serve on. t RA-l COUNTY ATTORNEY (2-0778) f Environmentally Sensitive LandsINorth Fork St. Lucie River/Status Update- Consider staff recommendation to 1) direct staff to continue to pursue a partnership agreement with DEP to fund the acquisition of North Fork properties; 2) authorize the Chairman to send a letter to the County's legislative delegation requesting assistance in obtaining the agreement with DEP; and 3) in the interim, determine whether to direct staff to acquire the North Fork parcels even in the absence of an agreement with DEP and see reimbursement from Florida Forever program. The County Attorney suggested eliminating the SFWMD( due to lack of funding) from the - process and dealing directly with the DEP. .1-;;' It was moved by Com. Coward, seconded by Com. Bruhn to approve staff recommendation I and 2, with direction given on number 3; and, upon roll call, motion carried unanimously. 3) The County Attorney suggested doing the due-diligence(whi::h includes the appraisals) on the parcels and possibly get option agreements on them allowing the Board flexibility. Staff was directed to bring back more information on the parcels which are currently on hold and fmd out whether the county wishes to proceed even if the matching funds are not available, staff will report back to the Board on the parcels in yellow and give the Board recommendation on the due-diligence cost and whether it is appropriate to move forward immediately or wait. Staff was also directed to re-fine the colored map. Com. Barnes requested certain parcels between the turnpike and 1-95 be assessed to see if they are quality lands. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court -9- .-" To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: '-' Agenda Request Iter...¡mber 5' A Date: May 1, 2001 Consent Regular Public Hearing Leg. [ ] [ [ ] [X] Quasi-JD [ X ] 2J'z:.:LlI,d mmunity Development Director Consider Draft Resolution 01-016 approving the request of Wetwol Construction for a Rezoning of property located 909 West Midway Road, southeast corner of the intersection of Midway Road and Elm Avenue, from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District (Fila No. - RZ-01-003) Board of County Commissioners Community Development Director 4 Petition of James Wetzel, Wetwol Construction, for a Change in Zoning from the CN (Commercial NeighborhoOd) Zoning District to the CO (Commercial Office) Zoning District. The stated purpose of the rezoning is to allow for the relocation of a construction office as a dual use within an existing real estate of!ice. N/A The Planning and Zoning Commission, by a vote of 5 to 0, with four members absent (Mr. Mathes, Mr. Jones, Mr. Trias, and Mr. McCurdy), recommended approval of the rezoning from CN (Commercial Neighborhood) to CO (Commercial Office) at its March 15, 2001 meeting. Staff recommends approval of Draft Resolution 01-016. COMMISSION ACTION: [i] APPROVED 0 DENIED D OTHER (S-O} County Attorney Originating Dep!.: Finance: :Jx Coordination! Signatures Mg!. & Budget: Other: Purchasing: Other: , .~ .-....1 COUNTY COMMISSION REVIEW, May 1,2001 Resolution 01-016 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners Community Development Director . From: Subject: April 24, 200 I Petition of James Wetzel, agent for Wetwol Construction, for a Change in Zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commerci¡¡ Office) Zoning District. (File No.: RZ-OI-003) Date: The proposed rezoning of property located on the 909 West Midway Road, southeast corner of the intersection of Midway Road and Elm Avenue, from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District is to allow for the incorporation of a construction office into an existing real estate office thereby utilizing the building for two uses. The applicant has indicated that the building will be used for an office use only and no additional construction activities, including the storage of vehicles, will occur on the proposed site. The proposed use as a business office has been determined to be a use, which is less intense than those uses allowed under the CN (Commercial Neighborhood) Zoning District. At the March 15,2001, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 5 to 0, (with Mr. Matthes, Mr. McCurdy, Mr. Trias and Mr. Jones being absent) recommended approval of this petition as set forth in Draft Resolution 01-016. This proposed rezoning meets the standards of review as set forth in Section 11.06.03 of the St. Lucie Count)' 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 CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District as set forth in Draft Resolution 00-016. ia Shewchuk, AICP ommunity Development Director ISles cc: James Wetzel 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 01-016 FILE NO.: RZ.{)HJ03 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT TO THE CO (COMMERCIAL OFFICE) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: 1. James Wetzel. Wetwol Construction. presented a petition for a change in- zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District for the property described in Part A below. 2. On March 15, 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 hereafter described request for a change in zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District for the property described in Part A below. 3. On May 1, 2001, this Board held a public hearrng on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the 51. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the 51. 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 51. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: File No.: RZ-D1.()()3 May 1, 2001 Resolulion 01-016 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 B. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 "" """ Parcel 1 : Lot 13, Block 9, and North 10 feet vacated alley adjacent on South Lot Line, White City Subdivision, according to the Plat thereof, recorded in Plat Book 1, Page 21, Public Records of St. Lucie County, Florida. Parcel 2: Lots 14, 15 and 16 and the North 10 feet of vacated alley lying South and adjoins subject property, Block 9, White City Subdivision, as according to the Plat thereof, recorded in Plat Book 1, Page 21, Public Records of 51. Lucie County, Florida. Parcel 3: Lots 17 and 18, Block 9 and North 10 feet of vacated alley adjacent on South Lot Line, White City Subdivision, according to the Plat thereof, recorded In Plat Book 1, Page 21, Public Records of St. Lucie County, Florida. (Tax ID. No. 3404-501-0049-000/2). (Location: 909 West Midway Road, southeast corner of the intersection of Midway Road and Elm Avenue) owned by James Wetzel, Wetwol Construction, is hereby changed from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District. The 5t. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of 5t. 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 Paula Lewis xxx Commissioner John Bruhn xxx Commissioner Cliff Barnes xxx File No.: RZ..Q1-Q03 May 1, 2001 Resolution 01.{}16 Page 2 " ''-"' ......, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND DULY ADOPTED This 1st day of May 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: 1 County Attorney Deputy Clerk cs H:\Wp\Rezoning\W ewol\resolution. wpd File No.: RZ~1-OO3 May 1, 2001 Resolution 01-016 Page 3 " ..~ ......, o c (Y) o o I r- o . ............ 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I-- U 2nd Street - West ----------------- OJ I : : : ::J I c : , : Z : OJ 10 I 9 8 I 7, 8 5 I < , Z I f-- > <I ~~II __L_ _.1_1._ il-t- f..-. <{ I I I f-- I I , II [12 13 I /4 '5 16111 18 19120 en ::J I I I I , I , ! (Q)(!Jj "if' lL @ "if' ~ L - 81 7 I 6 Is .3rd Street U I , I : . I 1 I I 1 Z ¡, I I , , 81716'5~<I, "- West /01 9 I " , RZ 01-003 - Community Development t . ~ This pattern indicates (I;;' ~ Geographic Information Systems Map prepared March 2. 2001 . . 1õRióÞ __ __-'"<IIi;II--'~ _ ____otfy. N subject parcel . _____......pr-'dt..__....s....... ___.III....._...._...IOQOIfIlh:h;l__. ~ I ~ Land Use 1 15 ~ 14 1 I L__ IJ~ßI fI ]/0 1 I _~_'-_L_ I I 1 I I I I I 6 5 1tffl4 J 2. I I I q¡;® I' __~____...L_ -,-- -T--- I I I I 15 141 IJ /21 If I/O I I I I ___L_f-~_..l_ I ' I :6/.,~' J 2:' .1 I:>~ L_ r.ì I':;', "I ITTT LJ 1 r"I, I I I I I I I 1"''';'' I 171/6~51,.;Jl21"r ! I ! ,r I I! 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I West I :: IJ I : II : ,Ii: 18¡1716ý51"11-'ll2ln~9d,"1716 1'¡'121' I 11111 <$q¡!11 1111 , T r T T iT I I 1 I FL;¡", 2512<¡2' 22 21120119 fI' I I I I - West 1st Street : : I II I 91 8 17 I 6 ";;"¡" J 2 I I I I I ~\! ) I In E , 1-, ,-T ,- -,:-:: w 181 f7 16 I IS I 14 I" 1'2 II 10 I I I I 1 1 1 1 I 1 1 I 2nd : 5 " 3 2. I 'ÍI+ /6 117 18 19120 I ! OJ OJ C OJ > « en en OJ '- 0. >. U I :: /0 1 9 8 I 7 I 6 f-_L- __Lol_ 1 I I If 1/2 1J 114 1/5 1 I I I /01 9 I 3rd Street 1 r ! ! I 817161SG»41j I I I q> 1 2 ¡, r RZ 01-003 ~ This pattern indicates subject parcel I I I 9' 8: 716 I I I 1. L F- T I r;; 181 n 1161 I I I I ; I I 1 r I I I I , 5 I 4' I J I 2. 1/ I 1. I L_ '77, ' I ' U I , 1411J 12111 1O I I I I L_._.J___ f-T:: :::: 91 81 7 16 5 I ' I ' 1 2 I I : I; L~'-_L_~_ h'ìïTrrr 'ì'TTí' - 1111111' 11111 ¡ II W"l"¡"¡'~ttl"¡,,,i81"171n;!¡51"VJr2111I/O I: I-rì ! Ii: I! I : 1 : I Midway I)' i ~~v T I 27 2<;,25 I Rood " I "I II I , I 1 "" 1111 21nl. 9181716151'1'121' I I I 1 I " I " r",,' " 1",1 I I "'2JI22 21120119 I I I I OJ OJ C OJ > « I I : :: ¡ 91817 615 <1'12,' I I 1 I I 1__ TI7 -¡ liiðf T '110 181 /61151/~1J121"1 I I I I 1 I Street PIF (Q)l!iIìrlL@ìr ~ ........, I I HH ~ I PIF . RH ¿' Q) - :J C Q) > <C '- RU Q) '0 c 0 Q) 0 . ----~------------- PIF ~ Community Development f I.,· ~ Geographic Information systems. . . Map prepared March 2. 2001 Ai no.___~....__~_-....,._oftr N R\Q _~____"'~""_""""ord""""" ~ _~.C."",_b_...~~~ ~ Zoninq 1'5 'I 14 IJ ~~I /I :/0 1 1 I L_I__ _.1_l_L_ I I 1 I 1 I 1 I 6 1 5 lrn-,4 j I 2 / 1 '2)~ 1 1- -=-¡:-=--=-;--=---= 1 I 1 15: /41 IJ 121 fI 110 I I I I _~_L_I-~-.1_ 1 r I I I 21, I 5 ~ S@4.' I 1- <¡>, II L ì1 -¡; iíTilì1T "jøjø I 17I/5'SI'4/Jl2¡ltr i 1 ! I! \I I I ( I ¡ I '21111 ll1 IT '2< 1 I I ~ I I II IT , 1\ I ( ( I 817151S141$1211 ~1!.ll.!...!.. í, , '22'2/'201/9 I I I I I I I I ~ 1 , ,5 r::-=: I liS ~ I_- OJ :J C OJ f---~ -VI :J ~ ~ 1 1 41" 1 ~$~2 , : 2 II I , //110 , I West : $ : 2 : 41 ~~I' , I 1 -1 I I 81 7 I 5 IS U I I I I I I - West ""' Wetwol, Inc. r I __ 19 ~_ 1 1 I " 201 ßk~1114 ___..j 1 I 1 L__ ! 31_~15 14 I ,,11011 t 5 ,- , 1 I I t--- 22 ill 1- I 6 Auqusto Street ~ I: I: I: I c 918111615413121, Q) ~ I I ~1'2), I 1 I È « _..1 ~~ .1 ~ L OJ VI --I , ~ ,-'¡¿"IIO ~ :G 18: 171 16' IS~ ~)ã]ï~1J I ~ ,I I I I I E ';;_1-_L Lw u Chorlotto Street -- I' I í 1-- I 1 I I , ----+-,- 9,81716 S 41" 21' L 1.1 ~~..1 1. ~ .Ìz. T.: mr {~F f ,¿" ~'!l ~:'''~'~+~:I II~III q:: , 'I! 1 ; ,! I! I - West ; I' ~lri' I:: I::: 1~17/5/S:I IJ¡12 81715 14'''121/ 111 I _" Ill!... , T r T T I I I 'I 8,~ ðl2< V 22 2/,20(/9 I I I I' West 1st Street : I , s:l 1 91 8 IT I 6 ~,.! 4 I j 2 I I 1 1 , ~\ID I I E T !-. r, filE -Tt w 18:17 /511S:14 I ~. I 1 I I 1"- 2nd I :: : 101981'[65,.... , 2' __L_ _.1_.1_ <L.l.. I ..-, II I fZ 1J 114115 f6 I" 18 19120 , I 1 I OJ :J C OJ > « OJ OJ OJ ~ a. >, U I 10' 9 3rd Street ! I I I 8'716Is4141" I I I 'f' I RZ 01-003 ~ This pattern indicates subject parcel 2:11 I : .1 8 I 716 I ( 1- L , , r,S 18117 1/5 I I I I I i I I I : 1 S : 4: " 12 : I 1. L 711 T í r I I , rnJ~! 11:/1 F\u T -I-i I I I I T I 1 I I I" I 2 I I 9(817,5 S,4, 1 I ¡I; Lf!L_L_I__ jì1TTíií -r¡rf\TITi' I U"¡.k."løiæ!, ~14~zllll J() ~11ì-;i! I! ! I! I! I! I Midway II¡' I'V Vll'n 16111'/4 y £1': , , 27 ~Ið I Rood :: ::: :",": : : : 21111. 91817(61 141$1211 II 'I ( I I ( , I r.., T r ,,..1 'I 2412"122 2/120 1/9 I I 1 1 OJ :J C OJ > « : : : 1 I I I I 91 817 6 'S 4 I "I 2,' I I 1 , I I - - T l )@f -r r /8117 12 I ,,110 , /5, 15 114 II" I ( 1 I I I I 1 Street I @l\l!1i'I!,@1i' ~ "'-' I I RM-11 RS-3 ~ I I . CO~ Q) ::J C Q) > « . AG-1 '- Q) -0 C o Q) o CN co ---- ------------- I 4J..~ It;¡ A:< \. . ({mlQ Community Development f Geographic Information Systems Map prepared March 2, 2001 TNII~__~gvon-lplonAnQ___Of"Ir· _--,.____II>~...._--OŒU... "-__.'loft>l_bt_"~,,IIh:IIng_ N " """ Wetwol, Inc. RZ 01-003 ~ This pattern indicates subject parcel .-..; ~ , Community Development Geographic Information Systems Map prepared March 2, 2001 This"'""__~""_"''''''W'Q_,_''''''''~.o«1 N ............-. """".......-.<neðo '" 1>'''''''...... -"""""-"""'" .,Io<_""'''''''__..."'''......-''''........~~- " "'" ~ AGENDA ITEM 2: WETWOL. INC. Ms. Snay stated that agenda item 2 is the request of Wetzel Construction for a change in zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District for property located at 909 West Midway Road. This petition is consistent with the Land Development Code the Comprehensive Plan and Land Use CateeorylZoning District Compatibility Chart, which allows for Commercial Office within the Residential Urban Land Use Designation. ~ , The subject property is currently a real estate office. The applicant has indicated the desire to locate the office portion of his existing construction business to this location. No additional construction related activities would take place from the site. The property to the south of the subject property is designated with an RS-3 (Residential, Single-Family - 3 dulacre) Zoning District. The properties to the north, east and west are designated with CN (Commercial Neighborhood) Zoning District. Approximately '.4 mile to the east is a commercial strip center that has a number of retail and office uses associated with it. The proposed rezoning is not expected to negatively impact the surrounding area. The existing uses along Midway Road are primarily retail and office in nature. Staff is recommending that this petition be forwarded to the County Commissioners with a recommendation approval. Chairman Merritt requested that the petitioner or a representative for the petitioner come forward and address the board. Mr. James Wetzel. petitioner, stated he had been working with St. Lucie County for 15 years. He further explained that he currently operates in an office on the second floor in downtown Ft. Pierce and is attempting to relocate this office into the area. In addition, he stated that he did not see how this would make a negative impact on the surrounding areas, by changing the use. Alii will be doing is putting a desk and phone into the existing building. Mr. Grande asked Mr. Wetzel if the current building meets all parking requirements. Mr. Wetzel stated that the building meets the County's parking requirements. He further explained that the building was designed for the dual use. He did not realize previously that he could not have his construction office in with his real estate office. He stated it was oversight on his period by not checking the regulations. Mr. Grande asked Mr. Wetzel if he was expecting to increase the traffic. Mr. Wetzel stated that only one parking space would be utilized for the construction business (his). Mr. Lounds asked Mr. Wetzel if the necessity of the change was a glitch in the paperwork, more or less and asked for clarification on whether or not there is an existing real estate office there, and !hat he is asking the board to allow him to combine the two businesses together and because it is a construction office a different zoning designation is necessary. Mr. Wetzel responded in the affumative._ Mr. Lounds further asked whether anything else would be changing. Mr. Wetzel stated that nothing else would change. outside the building or inside the building, except the sign on the building. Mr. Wetzel further stated that no equipment would be on the site. He is strictly a subcontractor. March 15,2001 Page 3 '" '-' ......, Mr. Hearn asked staff to clarify if in a case like this where an applicant is asking for a change in zoning from Commercial Neighborhood to Commercial Office is there any recollection of any recommendations of denial. Mr. Kelly stated that he did not recall any recommendations of denial. He further stated that the Commercial Neighborhood purpose states that it should be those uses, which serve a relatively small geographic area, truly a neighborhood type of use. Commercial Office is really intended for offices, but it is intended to allow for contractor offices, which serve a much larger area. Mr. Wetzel builds outside the White City Area obviously. That is really the extinction between the two zoning districts. ~ , Mr. Kelly stated that he previously intended to speak on this issue after the petition and make some recommendations in order to clean up the zoning districts. With the board being only five members present, this issue will be placed on another agenda at a different date. Mr. HeMo asked if is was a fair comparison or assessment that Commercial Office uses are actually less intense than Commercial Neighborhood in some instances. Mr. Kelly stated that in some instances clearly it would be less. Mr. Hearn stated that the Conditional Uses allowed in the Commercial Neighborhood Zoning District are much more intense than Commercial Office. Mr. Kelly stated that he feels that defining the two Zoning Districts would be better but Mr. Wetzel shouldn't have to wait until a Code revision is completed. Mr. Merritt asked Mr. Wetzel whether or not there would be any equipment or trucks parked within the parking lot of the facility. Mr. Wetzel responded in the negative. Mr. Wetzel explained he did not have any trucks or equipment. Mr. Wetzel stated that over the last 15 years, he has worked out of an office on the 2"" floor in downtown Ft. Pierce, where there is not parking. I am not going to change my operation at this time. If anything, I am slowing down. Chairman Merritt asked if there were any more questions for the petition. There being none Chairman Merritt thanked the petitioner. The public hearing was opened at that time for File No. RZ-O 1-003. He asked for the public to come forward to speak for or against the petition. There being no one the public hearing was closed. Since staff had given their recommendation he asked the pleasure of the board. Mr. Hearn stated after considering the testimony presented during the public healing, including staff conunents, and the standards of review setforth in Section 11. 07.03, St. Lucie County Land Development Code, I hereby move thåi the Planning and Zoning Commission recommend that the Board of County _ Commissioners grant approval to the application of WETZEL CONSTRUcrION, JAMES WETZEL, AGENT, for a change in zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District because it appears that the commercial neighborhood and Commercial Office Zoning Districts are very compatible and the effects on the adjacent properties will be very minimal. March 15,2001 Page 4 , '-" ......, Mr. Grande seconded the motion. Upon a roll call vote the motion passed unanimously. OTHER BUSINESS Mr. Lounds asked Staff to update the board on what has been done in regards to the concerns expressed by the Board regarding land-locked lots and lots that are totally out of a zoning area that is surrounded by properties annexed into another jurisdiction. Mr. Kelly stated that he would research the issue and bring it back to the Board in the future. ~ ~ Mr. Lounds stated he would like staff to not forget the issue, because the issue is raised from time-to- time. Mr. Hearn stated that at Tuesday, 4:00 p.m., the Board of County Commissioners are going to hear the Future Land Use Element of the Comprehensive Plan on Second Reading, and as it is probably the most important element of the Comprehensive Plan, if any individual has the time to corne and participate in the discussion, it would be very beneficial. Chairman Merritt stated that the next meeting would be April 19, 2001. ADJOURNMENT Mr. Lounds made motion to adjourn with Mr. Hearn seconding the motion. March 15,2001 Page 5 " "'" ....; AGENDA - BOARD OF COUNTY COMMISSION TUESDAY, May 1, 2001 7:00 P.M. ~ J Petition of We two I, Inc., for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial Office) Zoning Districtfor the following described property: SEE ATTACHED LEGAL DESCRIPTION (Locaiion: 909 West Midway Road) Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testirrwny and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to crossc~ examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners ApTÜ 18, 2001. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on April 19, 2001. File No. RZ-01-003 '" """ "'" 1010 legal Notices 11010legal'NOuces. ' ST. LUCIE COUNT)' BOARD OF COUNTY COMMISSION PUBLIC HEARING AGENDA MAY 1'-2001 "TO WHOM IT MÅY CONCERN; NOTICE is hereby given in accordance with $eçtjon.j 11.pO.03 of the $1. Lucie County Land Development Code and in accordance with thEiprovÎsÎons of the Sf. Lucie CO\Jnty Comprehensive, Pion' tt-¡ot Ihe- 51, Lucie, County ¡ Boord bf County Commisiioners consider their requ_Ðst',oS' Follows; .. '. 1. Pan Am InterT'\a'ior~arFI¡ghIAcadem't has petitioned St. Luç,e County lor (], major adjustment to the St. ,Lucie Cou"ty International Airport Conditional Ùse 10 aHow the . cons'ruçtion of2 student dormitories for the following cJe.~cr¡bed propl'rly: ~ A PARGEL OF LAND SITUATE IN SECTION 3D, TOWN- SHIP 34$OUTH, RANGE 40 EAST, ST. lUClE COUNTY, FLORIDA, MORE PARTICULARLY ,DESCRIBED AS FOLLOWS, . COMMENCE AT THE SOUTHEAST CORNEl'! OF~EC~ TION 30; AND RUN NOIHH OO"'29'02"EAST ALONG THE EAST. LINE. OF SECTION 30, A DISTANCE' OF 48.00 FEET TO A POIf':JT; .THENCE, I:'JORTH89°29"58" W-t,ST. Å DIS'fANC'E OF 74.00 FEET TO A POINT ON THE WESTERLY LINE OF CURTIS KING BOULEVARD; THENCE, NORTH 00°29'02" EAST ALONG TI:-tE WEST. ERLY .lINE OF SAID CURTIS KING BOULEVARD, A.DIS- TANCE OF 711 A3FEET TO A POINT; THENCE, NORTH 89n27'43" WIiST, A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING, AND EXTENDING THENCE, (1) NORTH 89°27'43" WEST, A DISTANCE OF 480.00 FEET TO A,POINT; THENCE, (2)" SOUTH 00"32'17" WEST, A DISTANCE OF UO.OO FEET TO A POINT; THENCE, (3) SOUTH 89"27'43"EAST, A DISTANCE OF- 48'0.00 FEET TO AP.QtNT; THENCE, (4) NORTH 00"32'17' EAST. A DISTANCE OF 19'0.00 FEET TO THE POINT OF BEGINNING. ' CONTAINING WITHIN SAID BOIJNDS, 2.0937 ACRES. (TAX 10#: Par' 6f 430-441-0003~000/0) . --(Location': South$ide of Pan Am WCly,appn:ulilTlotely.1.50 feet west of Curtis K¡ngBoulevcrd. 51. Lucie County I"ter-- no'ionol Airport) 2. Wetwol, jne., hos petitioned St. Lucie County for 0 Change in Zoning from the CN (Commercial, NeiglU::ior~ hood) Zoning Dis r,ct 10 the CO (Commercial, Office) Zoning District for Ihe following "<:!escribed property: 'lOTS ,::1 THROUGH 18,'"BlOCK 9, AND THE NORTH 10 FE6T OF THE VACATED ALLEY ADJACENT ON THE . SOUTH LOT LINE. WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED ON PLAT BOOK 1, PAGE 21, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. (TAX 10#'$: 3"04-501~ 0049-000/2, 34'04:501-Q050-000/2. AND 3404'501-0051.000/9) (location, 909 West Midway Rood) PUBLIC HEARINGS will be held in the èoonty CommJs- ~10" Chombf'!rs, 3rd floor of the Roger Poitras Administro- liol) Anne", 2300 Virginia Avenue, Fort Pierce, Florida, on -April 17,2001. beginning at 7:00 P,M. or as soon there~ ~1fter os possible. PURSUANT TO Sae1ion 2B6'.0105, Florida Stotutes, if 0 person decides 10 oppeal any dedsion·made·by"o bOard, ageru:y, or commission with resped to any mortar consid- ered 01 ( 1,,~eting or hearing, he will need a record of the pro<;:eed¡"<Js, (lnd thot, for such purpo$e, he may need to ensur.e thot " vl',bolim fecofd of the proceedings is made, .~h.io:;h reçorrl includes the testimony Clnd evidence upon ..which 1he oPPce,\ is to be based. BO~RD OF COUNTY COMMISSIONERS : ~T,:~t!CIE.C(}UNTY, FLORIDA ·~'I5.1 f-RANNIEHUTCHINSON, CHAIRWOMAN .).·"It:. , _~~~~I!.st);"ÀP.ril/8, 2001 '" 2¡26464 ';f' V+. PìeY'G< \V",\>u." e. Ii I 18/ 0 I , '-' \ ( '...I PLANNING AND ZONING COMMISSION REVIEW: 03/15/01 File Number RZ-01-003 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT 1 TO: Planning and Zoning Commission J FROM: Planning Manager DATE: March 9, 2001 SUBJECT: Application of Wetzel Construction for a Change in Zoning from the CN (Commercial Neighborhood) Zoning District to the CO (Commercial Office) Zoning District. LOCATION: 909 West Midway Road, southeast corner of the intersection of Midway Road and Elm Avenue. EXISTING ZONING: CN (Commercial Neighborhood) PROPOSED ZONING: CO (Commercial Office) FUTURE LAND USE: Residential Urban (RU) PARCEL SIZE: 18,750 square feet PROPOSED USE: Dual Use Office Building (Real Estate and Construction Office) PERMITTED USES: Section 3.01.03(R), CO (Commercial Office) Zonin~ District identifies the designated uses which are permitted by right;- permitted as an accessory use, or permitted through the conditional use process in the CO (Commercial Office) zoning district. Any use designated as a Conditional Use is required to undergo further review and approval before that use may be commenced on the property. Any use not identified in the zoning district regnlations is considered to be prohibited uses in that district (Attachment). SURROUNDING ZONING: CN (Commercial Neighborhood) is located to the North, East and West of the subject property; RS-3 (Residential, Single-famiiy - 3 dulacre) is located to the south of the subject property. SURROUNDING LAND USES: RU (Residential Urban) is located to the north, south, east and west of the subject property. The general existing use surrounding the property to the south is residential in character. To the north, east '" '-'" ( , ( ..." March 8, 2001 Page 2 Petition: Wetwol, Inc. File RZ-OI-003 and west are commercial uses supporting the surrounding neighborhood. FIRE/EMS PROTECTION: Station #6 (350 East Midway Road), is located approximately 1- mile to the east. UTILITY SERVICE: The subject property is in the Ft. Pierce Utilities Authority service area. , ~ TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Midway Road is 100 feet and Elm A venue is SO 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 detenninations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code. The underlying land use for the subject property is Residential Urban (RU). According to Section 11.09.02, Table 11.1, Land Use Catel!orvlZoning District Compatibility Ch!!!1. the proposed CO ( Commercial Office) Zoning District could be considered compatible with the Residential Urban (R U) land use designation if other land use compatibility issues are satisfied. The applicant is utilizing the subject property as a real estate office and has indicated a desire to expand the existing real estate office to include the business offices for his construction business. The subject property is located in a CN (Commercial Neighborhood) Zoning Distric(which does not pennit office uses as pennitted, accessory or conditional nses. The CN (Commercial Neighborhood) Zoning District does allow the operation of a real estate office as it supports the functions of a neighborhood. Section 3.0I.03(N) of the St. Lucie County Land Development Regnlations, states that the purpose of the CN Zoning District is to provide and protect an environment suitable for limited retail trade and " '-' ...., March 8. 2001 Page 3 Petition: Wetwol, Inc. File RZ-01-003 service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The surrounding area has an urbanized residential character which has been developed under the RS-3 Zoning District guidelines with interspersed commercial neighborhood uses supporting the existing residential uses. There is an existing commercial retail strip center with a variety of uses located within v.. mile from the subject property at the intersection of Midway Road and Oleander A venue. In addition to the west of the subject property is a small retail area containing a flower shop and hair salon. Therefore, the CO (Commercial Office) Zoning District is compatible with the existing development pattern of the proposed area. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The subject property is located within an area designated as RU (Residential Urban) on the Future Land Use Map. The Future Land Use Element, Data & Analysis. defmes the RU (Résidential. Urban) area as the predominant land use category in the County. This residential land use category provides for a maximum density of 5 dulacre. The RU designation is generally found between the identified urban service areas and the transitional RS areas. These properties need to be serviced with central water and wastewater services. These services may be provided by either a public utility or through private on-site facilities. as would be permitted in accordance with all applicable regulations. New development in the RU areas Can occur using traditional single-family or multi-family zoning designations or through the Planned Unit Development process. In addition, according to the Future Land Use Element. Data & Analysis, Table 1.6. Land Use DesignationlZonin!! District Compatibilitv Chart, the RU (Residential Urban) Land Use designation could be considered compatible with the proposed CO (Commercial Office) Zoning District if other criteria are met. Further, Objective I. 1.8 of the Future Land Use Element provides for protection of single-family neighborhoods from the encroachment of commercial and/or other inappropriate land uses. The proposed use of the project will not negatively impact the surrounding residential neighborhood to the south. The existing building has been constructed in a manner which maintains the character of the-- surrounding area. The proposed use is only for an office use. The applicant's request for CO (Commercial Office) Zoning District would be compatible with the existing residential development pattern within the area. Based upon this analysis, the proposed change in zoning is consistent with the St. Lucie County Comprehensive Plan. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The CO (Connnercial Office) Zoniñg District is consistent with the existing residential character of the surrounding area. The purpose of the existing CN Zoning District designation is to support the surrounding residential properties with limited retail and services. As the proposed use of the building as a shared retail office and construction business, the character of the use will not change. ,. """ .....,. March 8, 2001 Page 4 Petition: Wetwol, Inc. File RZ-O 1-003 4. Whether there have been changed conditions that require an amendment; Conditions have not changed which predicated the requested amendment. The applicant proposes to relocate the business offices of his current construction business into an existing real estate office that he operates. The applicant's proposed CO (Commercial Office) Zoning District will not increase the allowable intensity of use within the area. The applicant is proposing to only utilize the existing office building as a construction office only. The office use does not allow for other construction related activities at this location. The surrounding area is urbanized with a residential character and surrounding offices and neighborhood commercial uses adjacent to Midway Road, and therefore appropriate for office uses. 5. Whether and the extent to wWch 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 intended use for this rezoning is not expected to create significant additional demands on the public facilities in this area. The intent of the applicant is to operate two distinct individual businesses (real estate office and construction office) from the subject property. The operation of the proposed - building as an office will utilize the same amount of water usage as is currently being consumed. The proposed additional use will not result in an increase amount of traffic on Midway Road. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant will be required to comply with all federal, state, and local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed change in zoning would result in an orderly and logical development pattern for the surrounding area. The surrounding parcels of property are designated for residential uses with a maximum density on dulacre and with commercial and office uses adjacent to Midway Road. As the CN (Commercial Neighborhood) uses allow for such things as limited retail and service uses that support surrounding residential properties, it is acceptable within the existing development pattern. An existing office building will operate in the same capacity as the surrounding commercial enterprises. 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 5t. Lucie County Land Development Code. The purpose for allowing commercial and office uses within residential areas is to provide for the opportunity for limited retail '" """ ...., March 8, 2001 Page 5 Petition; Wetwol, Inc. File RZ-OI-003 and services which support the residential areas. The proposed office will provide a benefit to the surrounding area. COMMENTS The petitioner, Wetzel Construction (James C. Wetzel, agent), has requested this change in zoning from the CN (Commercial Neighborhood) to CO (Commercial Office) Zoning District in order to relocate an the business offices for an existing construction company into an existing real estate office. The applicant is proposing that the real estate office remain and the building be operated under dual uses. Staff has reviewed this petition and detennined that it conforms with the standards of review as set forth in the SI. 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. Attachment cs cc: James C. Wetzel File A '"'" ......, Section 3.01.03 Zoning District Use Regulations Q CN COMMERCIAL. NEIGHBORHOOD 1. F)urpose The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in ·0· following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Beauty and barber services. (7231724) b. Civic, social and fraternal associations (8"") c. Depository institutions (60) d. Laundering and drycleaning (self-service). (121S) e. Real estate (65) f. Repair services: (1) Electrical repair. (762) (2) Shoe repairs (725) (3) Watch, clock, jewelry, and musical instrument repair. (7631) g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses inclusive): (1) Antiques (5932) (2) Apparel and accessories. (56) (3) Books and stationery. (5942158<3) (4) Cameras and photographic supplies. (5945) (5) Drugs and proprietary. (5912) (6) Eating places (5812) (7) Florists. (5992) (8) Food stores (54) (9) Gifts, novelties, and souvenirs. (5947) (10) Hobby, toy and game shops (5945) (11 ) Household appliances (572) (12) Jewelry. (594') (13) Newspapers and magazines. (5994) (14) Optical goods. (5995) (15) Nurseries, lawn and garden supplies. (528) (16) Radios, lVs, consumer electronics and music supplies (573) (17) Sporting goods and bicycles. (5941) (18) Tobacco products. (5893) h. Video tape rental (7"') 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. Adopted August 1, 1990 114 Revised Through 08101/00 A 'Iiw 'WI Section 3.01.03 Zoning District Use Regulations 5. Oft-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. Car Washes (Self Service Only) - subject to the provisions of Section 7.10.22. (999) b. Day care - adult (8322) - child (8351) c. Postal services. (4311) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411, (999) (2) Undistilled alcoholic beverages accessory to retail sale of food. (5921 -Excepl""'quot) e. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. b. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999) One dwelling unit contained within the commercial building, for on-site security purposes. (999) Adopted August 1. 1990 '15 Revised Through 08101100 ( ( ", '-" -.tI Section 3.01.03 Zoning District Use Regulations R. co COMMERCIAL. OFFICE 1. Purpose The purpose of this district is to provide and protect an environment suilable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. AdjustmenVcollection & credit reporting services (732) b. Advertising (731, c. Communications - except towers ('B) d. Computer programming, data processing and other computer related services (737) e. Contract construction services - office only ('5.'5.17) . f. Duplicating, mailing, commercial art/photography and stenographic services (733) g. Engineering, accounting, research, management & related services (81) h. Executive, legislative, and judicial functions (111....83....95.....,) i. Finance, insurance, and real estate services (80.61.62.83........,) j. Health services - except nursing homes and hospitals (80) k. Membership organizations, except religious organizations (M, I. Miscellaneous business services: (1) Detective, guard and annored car services (7381) (2) Security system services (7382) (3) News syndicate (7383) (4) Photofinishing laboratories (7384) (5) Business Services - misc. (7389) m. Personnel supply services (136 n. Social services: (1) Individual & family social services (832/839) (2) Job training and vocational rehabilitation services (833) o. Travel agencies ('12<) 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 Requirement~ 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. Adopted August 1. 1990 116 Revised Through 08101/00 ... '-" ......, Section 3.01.03 Zoning District Use Regulatiot1s 7. Conditional Uses a. Child care services (835) b. Television and radio transmitting towers (999) c. Telecommunication towers - subject to the standards of Section 7.10.23 (999, 8. Accessory Uses Accessory use are subject to the requirements of Section 8.00.00 and incJude the following: a. Eating and drinking places (un distilled alcoholic beverages as an accessory to a restaurant). . b. Postal services. 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