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Agenda Packet 09-11-07
COUNTY F L 0 R t D A • September fy 2007 9i00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 9/5/07 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and ask anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions, MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OP COUNTY COMMISSIONER$ www.co.st-lucfe.fl.us Chris Craft, Chairman District Me. S Joseph E. Smith, Vice Chairman District No.1 Doug Coward District No. z Paula A. Lewis District No. 3 Charles Grande District No. 4 September 11, 2007 9s00 A.M. 1i p1 0II_ Invocation G �, i fi Gil �� (pallej � � G� � 6)M d Pledge of Allegiance I I (_ 00 � O PI C ve- 1. � MINUTES Approve the minutes from the September 4, 2007 meeting. Z. PROCLAMATIOMS/PRESENTATIONS Resolution No. 07-269 — Proclaiming September 17, 2007, as "Citizenship Day", and further 0,7 Proclaiming September 17, 2007, through September 23, 2007, as "Constitution Week" in St. Lucie Q County, Florida — Consider staff recommendation to adopt the attached Resolution No. 07-269 as 1 ��� drafted. Be Introduction of the Executive Roundtable's Truancy Video by Carin Smith, Executive Assistant to Commissioner Smith. Resolution No. 07-268 — Proclaiming September 9, 2007, through September 15, 2007, as "Water (Ij �Reuse Weeks" in St. Lucie County, Florida — Consider staff recommendation to adopt the attached � � ( Resolution No. 07-268 as drafted. D. Presentation of the Spelling Championship Trophy to County Staff Carin Smith, Executive Assistant to Commissioner Smith, Amy Mott, Environmental Regulation Manager and Heather Luebe, Assistant County Attorney. Ee Presentation by Culpepper & Terpening, Inc. on Capron Lahes Development of Regional Impact S. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS SA. COUNTY ATTORNEY Ordinance No. 07-046 — Deletion of Section 1-2-2 of the St. Lucie County Code which imposed a local option fee for E911 Service — Consider staff recommendation to approve proposed Ordinance No. 07-046. sB. COUNTY ATTORNEY f�Ordinance No. 07-047 — Amending Section 1-7-8 to provide that the additional court cost of sixty-five dollars and the additional court cost for teen court of three dollars would be imposed against every person who is ]� adjudicated delinquent for a delinquent act — Consider staff recommendation to approve Ordinance No. 07- (i1JXJ 047. Regular Agenda September ff, few Page Twe SPUBLIC WORKS CS — — M�Solid Waste Final Assessment Resolution No. 07-259 Public Hearing Consider staff recommendation to ` j0 adopt Resolution No. 07-259, approving the Solid Waste Final Assessment Resolution. END OF PUBLIC NEARING$ .90 6. GROWTH MANAGEMENT ��. Rural Land Stewardship Update i CONSENT AGENDA 1. WARRANTS Approve warrant list No. 49 2. COUNTY ATTORNEY A. Contract for Sale and Purchase — Harmony Heights Stormwater Improvement — Harry Hagwood — Tax ID 1431-801-0011-000/6 — Consider staff recommendation to approve the Contract for Sale and Purchase for Harry Hagwood for the purchase price of $23,500.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Be Termination of Road Contribution and Construction Agreement and Agreement for Construction and Maintenance of Pond-Lennard Road with Dybra PSL Development, LLC — Consider staff recommendation to agree to terminate the December 21, 2004 Road Contribution and Construction Agreement and the Agreement for Construction and Maintenance of Pond-Lennard Road with Dybra PSL Development, LLC C. St. Lucie County International Airport Runway 91J27R — Revised South Florida Water Management District Conservation Easement to add U.S. Fish and Wildlife Service — Consider staff recommendation to approve the proposed Deed of Conservation Easement to the South Florida Water Management District and authorize the Chairman to sign the document, subject to approval by the Federal Aviation Administration. D. Resolution No. 07-213 — Proclaiming the Fourth Monday in September, 2007, (September 24, 2007) as "FAMILY DAY — A DAY TO EAT DINNER WITH YOUR CHILDREN" in St. Lucie County, Florida — Consider staff recommendation to adopt the attached Resolution No. 07-213 as drafted. 3. HUMAN RESOURCES A. Property Damage Releases — Water Intrusion Due to Roof Leak, Morningside Library & Sheriff Office Administration — Consider staff recommendation to sign Property Damage Releases. B. Prison Health Services Inmate Health Aggregate Cap & Psychotropic Drug Invoices — Staff recommends payment of PHS invoices in the amount of $265,597.94 per contract agreement. 4. PARK$ AND RECREATION A. Hennis Construction (C06-12-780) / Elkus Park Renovation Project / Change Order No. 02 and approve Budget Amendment #07-078 — Consider staff recommendation to approve the Hennis Construction's Change Order No. 2 (C06-12-780) in the amount of $4,838.06 to cover the cost of the fire alarm and installation at Elks Parks and approve Budget Amendment #07-078. Be Fairgrounds ADA Accessibility Renovations / South Florida Concrete Services / BA #07-080 — Consider staff recommendation to give its approval for South Florida Concrete to install an additional 474 square feet of concrete at a cost of $1,730.10 for completion of the Fairgrounds' ADA sidewalks and approve Budget Amendment #07-080. C. Request for approval to serve alcohol at Maravilla Parka — Consider staff recommendation to approve Debbie Kelley's request to serve alcohol at Maravilla Park: on September 22, 2007 during the birthday party that she is hosting. D. Request for approval to serve alcohol at the Indrio School House Facility/Park: — Consider staff recommendation to approve Daniel Charon's request to serve alcohol at the Indrio School House Facility/Park during a benefit on September 15, 2007. E. Approval For Contract Termination/Fort Pierce Fire, Inc. (C05-10-483) — Consider staff recommendation to approve for the County Attorney to draft a termination notice for Facilities Use Agreement (COS-10-483) Fort Pierce Fire, Inc. (the League). Content Agenda September 11, 20o7 Page Two 4. PARKS AND RECREATION CONTINUED F. Approval of Salt Monitoring Wells Project/Fairwinds Golf Course/Approve Budget Amendment #07- 081/Approve Capital Improvement Project #07-105 — Consider staff recommendation to approve Capital Improvement Project (CIP07-105), installation of two salt -water monitoring wells at Fairwinds Golf Course as required by South Florida Water Management District Water Use Permit No. 56-01026- W item #'s 23 and 24. Give its approval for Huss Drilling to install two saltwater monitoring wells at a cost of VZ800.00 for installation and an additional $200.00 for miscellaneous items that may be associated with the project. Approve Budget Amendment #07-081. G. Port St. Lucie Fall Festival — Request to waive rental fees at Tradition Field — Consider staff recommendation to approve to hold the Port St. Lucie Fall Festival in the Tradition Field parting lot (October 24, 2007 — October 28, 2007), and waive the $5,916.08 rental fees, as requested by the Chairperson. H. Approve Purchase/Automatic Floor Scrubber/Fairgrounds/EQ07-360/BA07-082 — Consider staff recommendation to approve the purchase of a Saber Cutter Automatic Scrubber from Southern Janitor Supply, Inc. at a cost of $5,820.85. Staff is also requesting that the Board approve Equipment Request #07-360 and Budget Amendment. i3. PUBLIC WORKS A. Approval from the Board of County Commissioners to extend the contract time to complete the project, accept the Taylor Creelz Phase 1 Dredging project Tumma Removal; and for final payment and release of retainage in the amount of $147,247.00; and to malze final payment to Sheltra & Son Construction, Inc. (Contact #-07-03-208) — Consider staff recommendation to approve to extend the contract time to complete the Taylor Creeh Phase 1 Project, accept the Taylor Creeh Phase 1 Dredging project Tumma Removal; and final payment and release of retainage in the amount of $147,247.00; and to maize final payment to Sheltra & Son Construction, Inc. (Contact #-07-03-208). Be Request Board of County Commission approve the revised rates for Taylor Engineering for Port Services Contract — Consider staff recommendation to approve the attached rate revision for Taylor Engineering Port Services Contract. C. Request Board approval for Worir Authorization No. 6 with Vanus, Inc. for Traffic Impact Study and review of Traffic analysis for Glades Cut-off Rd. from the Western Annexation DRI's and Continuing Consultant Services for Traffic Impact Studies — Consider staff recommendation to approve Worh Authorization No. 6 with Vanus, Inc. for Traffic Impact Study and Continuing Consultant Services for Traffic Impact Studies in the amount not to exceed $15,000, and authorize the Chairman to sign. 6. PURCHASING A. Board approval of the #1 ranlzed firm from Request for Qualifications #07-073, Tourism Advertising Services and permission to negotiate a contract with the #1 ranlzed firm, Blair Advertising, (Ft. Pierce, Fl.) — Consider staff recommendation to approve to negotiate a contract with the #1 ranhed firm (Blair Advertising, Ft. Pierce, FI.) from Request for Qualifications #07-073, Tourism Advertising Services, and if negotiations are successful, authorization for the Chairman to sign the contract as prepared by the County Attorney. Be Board approval to advertise a Request For Proposals for the purchase of Media Services for the St. Lucie County Fairgrounds — Consider staff recommendation to approve to issue a Request for Proposals for Media Services for the St. Lucie County Fairgrounds. C. Board approval to advertise an Invitation to Bid for the purchase of hurricane shutters for various County buildings — Consider staff recommendation to approve to advertise an Invitation to Bid for the purchase of hurricane shutters for various County buildings. D. First Amendment to contract #C07-04-195 with Dooley Mach Constructors of South Florida, LLC for construction of the Special Needs Shelter/Auditorium — Consider staff recommendation to approve the first amendment to contract #CO7-04-195 with Dooley Mach Constructors of South Florida, LLC, and permission for the Chairman to sign the amendment as prepared by the County Attorney. Content Agenda September 11, 2007 Page Three 7. Court Administration requests permission from St. Lucie County Board of County Commissioners to apply for a Florida Department of Juvenile Justice "Juvenile Justice and Delinquency Prevention Safe Schools & Students Program Fiscal Year 2007-2008" grant. The concept paper for the grant must be submitted by September 14, 2007. Additionally, Court Administration requests approval for St. Lucie County to act as the fiscal agent if we are awarded the grant. The grant would be in the amount of $100,000. — Consider staff recommendation to approve the submission of the grant and act as the fiscal agent if Court Administration is awarded the grant. 8. MANAGEMENT AND BUDGET A. Request to approve Budget Resolution No. 07-260 — Consider staff recommendation to approve Budget Resolution No. 07-260. B. Adopt Budget Resolution 07-267 to correct the fund number of The Hurricane Housing Recovery Plan — Consider staff recommendation adopt Budget Resolution 07-267 to correct the error in the fund number for the Hurricane Housing Recovery Plan retroactive to 10/1/06. This will bring us into compliance with grant requirements. C. Request approval to apply the general fund subsidy to the Airport toward lease payments for the Golf Course — Consider staff recommendation to approve applying the general fund subsidy to the Airport toward lease payments for the Golf Course. This would result in moving the Golf Course's liability from the airport fund to the general fund. Y. AIRPORT A. Request for approval of the LPA Group Inc. Work Authorization No. 5 for consultant services for the Gopher Tortoise Relocation Area Conservation Management Plan at the St. Lucie County International Airport, for a lump sum amount of $63,975. — Consider staff recommendation to approve LPA Group Inc. Work Authorization No. 5 for consultant services for the Gopher Tortoise Relocation Area Conservation Management Plan at the St. Lucie County International Airport, for a lump sum amount of $63,975, and to authorize the Chair or designee to execute same. B. Request for approval of the First Amendment to the Kimley Horn Work Authorization No. 26 for consultant services for Relocation of the Existing Drainage Ditch in the Fixed Base Operator (FBO) Development Area at the St. Lucie County International Airport, increasing the total amount by $43,010.00 for a new lump sum amount of $201,150. C. Request approval for First Amendment to the Kimley-Horn Work Authorization No. 25 for Construction Phase Services for the Airport Rescue Fire Fighting Facility to extend the time for completion to March 1, 2008 at no charge in cost — Consider staff recommendation to approve the First Amendment to the Kimley Horn Work Authorization No. 25 for construction phase services for ARFF building and the access road at the St. Lucie County International Airport, extending the completion date to March 1, 2008 at no change in cost, and for the Chair to execute the some. 10. PUBLIC SAFETY Request to accept Modification #1 to Agreement #CO7-02-053, Treasure Coast Regional Planning Council extension date — Consider staff recommendation to approve Modification #1 to Agreement #CO7-02-053, Treasure Coast Regional Planning Council Agreement. 11. UTILITIES A. Staff requests approval of Change Order #1 with Johnson -Davis, Inc. for construction services related to the South Hutchinson Island SR A-1-A Utility Relocation to increase the contract in the amount of $73,520.00 — Consider staff recommendation to approve Change Order #1 with Johnson -Davis, Inc. for construction services related to the South Hutchinson Island SR A-1-A Utility Relocation to increase the contract in the amount of $73,520,00. Consent Agenda September 11, 2007 Page Four 11. UTILITIES CONTINUED 0. Staff requests approval of a Work Authorization with Camp, Dresser & McKee, Inc. for engineering services to review and evaluate the Utilities property near the SLC airport, the Betsy H. Kaplan Parcel, and provide a siting analysis for the planned North County Regional Water and Wastewater Treatment Facilities in an amount not to exceed $68,120.00. 11. 13. A. Approval to renew contract with INTACT, the long term recovery organization, to fund positions for case management and program management assistance for INTACT, to purchase computers and equipment/furniture for these positions, and to have the Chair or designated representative sign necessary documents — Consider staff recommendation to approve to contract with INTACT for $135,000 to receive grant funds to provide program management and case management services and to authorize the Chair or designated representative to sign all necessary documents; to approve the purchase of computers and equipment for staff in these positions, and to maintain staff in the approved positions. 0. Authorize Chair of BOCC to sign the grant application to submit a $4,221,157.79 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to enter into an interlocal agreement with the Cities of Fort Pierce and Port St. Lucie to allow St. Lucie County to fund activities within the incorporated cities — Consider staff recommendation to Authorize Chair of BOCC to sign the grant application to submit a $4,221,157.79 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to enter into an interlocal agreement with the Cities of Fort Pierce and Port St. Lucie to allow St. Lucie County to fund activities within the incorporated cities, and authorize Chair to sign any necessary documents if successful. Consider Resolution No. 07-243 Amending Resolution No. 05-154 with a scrivener error to include the Change in Zoning from the AG-1 (Agricultural — 1 du/acre) Zoning District and R/C (Residential Conservation — 1 du/5 acres) Zoning District to the PUD (Planned Unit Development — Creekside PUD) Zoning District approval for a project known as Creekside — Consider staff recommendation to adopt Resolution No. 07-243 amending Resolution No. 05-154 authorizing the Director of Growth Management to amend the Official County Zoning Map from AG-1 (Agricultural — 1 du/acre) and R/C (Residential conservation — 1 du/5 acres) Zoning District to the PUD (Planned Unit Development) Zoning District. ANNOONCENENTS fepbember 11, 2007 1. The St. Lucie County Cultural Affairs Council and St. Lucie County Fire District invite the public to the 9-11 Patriot's Day Recognition event. It will be held Tuesday September 11, at 3:30 PM at Tradition Field 527 N.W. Peacock Blvd. Port St. Lucie. For more information, call CAC at 7721462-1767. 2. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.m. 3. The Board of County Commissioners will hold the Affordable Attainable Workforce Housing for Essential Services in St. Lucie County Workshop on Friday, September 14, 2007 at 2:00 p.m. in the County Commission Chambers. 4. "Along the Cattle Trail' Special Exhibit opens Saturday, September 22"d at the St. Lucie County Historical Museum. An action -packed, fun -filled Family Day featuring re -enactors, games, music, and victuals highlights the day from 10 a.m. until 4 p.m. at the Museum, 414 Seaway Drive in Fort Pierce. Admission is $5 per family. The "Along the Cattle Trail," exhibit will run through February 2008. For more information, call Anne Sinnott at 772/462-1891. 5. The Board of County Commissioner will hold the September Informal Monthly Meeting on Friday, September 28, 2007 at 9:00 a.m. in Conference Room #3. 6. The Board of County Commissioner will hold an Ag PUD Workshop on Thursday, October 4, 2007 at 2:00 p.m. in the County Commission Chambers. 7. The St. Lucie County Master Gardener 20 Annual Plant Sale will be on Saturday, October 13, 2007 from 8:00 a.m. to 200 p.m. and Sunday, October 14, 2007 from 10:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. 8. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 13, 2007 at 9:00 a.m. in the County Commission Chamber. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Paula A. Lewis, Chairman District No. 3 Doug Coward, Vice Chairman District No. s Joseph E. Smith District No.1 Charles Grande District No. 4 Chris Craft District No. 3 AGENDA September 11, 2007 t. e^ MINUTES -10 Approve the minutes from the meeting held on August 28, 2007. Z. GENERAL PUBLIC COMMENT �CONSENT AGENDA 1 WARRANTS LIST Approve warrants List No. 48 and 49. Z. PURCNASING A. Board permission to award Invitation to Bid #07-077, Exotic Maintenance Removal Program to the lowest responsive, responsible, bidder,l.D. Sunny Isle, Inc. — Consider staff recommendation to approve to award Invitation to Bid #07-077 Exotic Maintenance Removal Program, to the lowest responsive, responsible, bidder,l.D. Sunny Isle, Inc. and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Board approval to reject all responses to Request for Proposal (RFP) #07-078, Emergency Debris removal/Dike Repair and permission to re -issue the item as an Invitation to Bid — Consider staff recommendation to approve to reject all responses to Request for Proposal (RFP) #07-078, Emergency Debris removal/Dike Repair and permission to re -issue the item as an Invitation to Bid. 3. MOSQUITO CONTROL Florida Department of Agriculture and Consumer Services (DACS) — Annual Agreement for Fiscal Year 200718 — Consider staff recommendation to approve and Chairman execute the annual agreement with the Florida Department of Agriculture and Consumer Services, for Fiscal Year 2007/8, pending County Attorney review and approval of the proposed agreement. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 0 Charles Grande, Chairman Chris Craft, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis District No. 4 District No. S District No.1 District No. 2 District No. 3 AGENDA September 11, 2007 ,}q��Q�MINUTEf �� �I///`"' C) Approve the minutes from the meeting held on August 28, 2007. 2. / GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve Warrants List No. 48 and 49. 2., PUBLIC WORKS Approval to submit an application request and supporting Resolution No. 07-012 to the Florida Department of j Environmental Protection (FDEP) for funding under the Florida Beach Erosion Control Program (FBECP) — Consider staff recommendation to approve the Florida Beach Erosion Control Program funding application request to FDEP and authorize the Chair to sign Resolution No. 07-012. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ADDITIOM AGENDA kplember 11, 2007 REGULAR AGENDA RAt. COUNTY ATTORNEY Chuch's Seafood Restaurant, Inc. — Consider Third Amendment to Lease Agreement to Increase Area of Leased Premises for Additional Parking — Consider staff recommendation to approve the Third Amendment to the Lease Agreement with Chuck's Seafood Restaurant, Inc. to provide for additional parking to the west of the existing building, and authorize the Chairman to sign the amendment. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community 5ervices Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. September ii, 2ow 9800 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 915107 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONE$ AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'$ WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and ask anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONER$ www.co.st-lucie.fl.us Chris Craft, Chairman Joseph E. Smith, Vice Chairman Doug Coward Paula A. Lewis Charles Grande September 11, 2007 9800 A.M. Invocation Pledge of Allegiance District No. 5 District Me. I District No. 2 District No. 3 District No. 4 1. MINUTES Approve the minutes from the September 4, 2007 meeting. 2. A. Resolution No. 07-269 - Proclaiming September 17, 2007, as "Citizenship Day", and further Proclaiming September 17, 2007, through September 23, 2007, as "Constitution Week" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 07-269 as drafted. Be Introduction of the Executive Roundtable's Truancy Video by Carin Smith, Executive Assistant to Commissioner Smith. C. Resolution No. 07-268 - Proclaiming September 9, 2007, through September 15, 2007, as "Water Reuse Week" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 07-268 as drafted. D. Presentation of the Spelling Championship Trophy to County Staff Carin Smith, Executive Assistant to Commissioner Smith, Amy Mott, Environmental Regulation Manager and Heather Lueke, Assistant County Attorney. E. Presentation by Culpepper & Terpening, Inc. on Capron Lakes Development of Regional Impact 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 5A. Ordinance No. 07-046 - Deletion of Section 1-2-2 of the St. Lucie County Code which imposed a local option fee for E911 Service - Consider staff recommendation to approve proposed Ordinance No. 07-046. 5B. COUNTY ATTORNEY Ordinance No. 07-047 - Amending Section 1-7-8 to provide that the additional court cost of sixty-five dollars and the additional court cost for teen court of three dollars would be imposed against every person who is adjudicated delinquent for a delinquent act - Consider staff recommendation to approve Ordinance No. 07- 047. Regular Agenda September 11,1007 Page Two SC. PUBLIC WORKS Solid Waste Final Assessment Resolution No. 07-259 — Public Hearing — Consider staff recommendation to adopt Resolution No. 07-259, approving the Solid Waste Final Assessment Resolution. END OF PUBLIC HEARINGS 6. GROWTH MANAGEMENT Rural Land Stewardship Update CONSENT AGENDA f. WARRANTS Approve warrant list No. 49 Z. COUNTY ATTORNEY A. Contract for Sale and Purchase - Harmony Heights Stormwater Improvement - Harry Hagwood - Tax ID 1431-801-0011-000/6 - Consider staff recommendation to approve the Contract for Sale and Purchase for Harry Hagwood for the purchase price of $23,500.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Be Termination of Road Contribution and Construction Agreement and Agreement for Construction and Maintenance of Pond-Lennard Road with Dybra PSL Development, LLC - Consider staff recommendation to agree to terminate the December 21, 2004 Road Contribution and Construction Agreement and the Agreement for Construction and Maintenance of Pond-Lennard Road with Dybra PSL Development, LLC C. St. Lucie County International Airport Runway 9L/27R - Revised South Florida Water Management District Conservation Easement to add U.S. Fish and Wildlife Service - Consider staff recommendation to approve the proposed Deed of Conservation Easement to the South Florida Water Management District and authorize the Chairman to sign the document, subject to approval by the Federal Aviation Administration. D. Resolution No. 07-213 - Proclaiming the Fourth Monday in September, 2007, (September 24, 2007) as "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 07-213 as drafted. 3. HUMAN RESOURCES A. Property Damage Releases - Water Intrusion Due to Roof Leak, Morningside Library & Sheriff Office Administration - Consider staff recommendation to sign Property Damage Releases. Be Prison Health Services Inmate Health Aggregate Cap & Psychotropic Drug Invoices - Staff recommends payment of PHS invoices in the amount of $265,597.94 per contract agreement. 4. PARKS AND RECREATION A. Hennis Construction (C06-12-780) / Elks Park Renovation Project / Change Order No. 02 and approve Budget Amendment #07-078 - Consider staff recommendation to approve the Hennis Construction's Change Order No. 2 (C06-12-780) in the amount of $4,838.06 to cover the cost of the fire alarm and installation at Elks Park and approve Budget Amendment #07-078. Be Fairgrounds ADA Accessibility Renovations / South Florida Concrete Services / BA #07-080 - Consider staff recommendation to give its approval for South Florida Concrete to install an additional 474 square feet of concrete at a cost of $1,730.10 for completion of the Fairgrounds' ADA sidewalks and approve Budget Amendment #07-080. C. Request for approval to serve alcohol at Maravilla Park - Consider staff recommendation to approve Debbie Kelley's request to serve alcohol at Maravilla Park on September 22, 2007 during the birthday party that she is hosting. D. Request for approval to serve alcohol at the Indrio School House Facility/Park - Consider staff recommendation to approve Daniel Charon's request to serve alcohol at the Indrio School House Facility/Park during a benefit on September 15, 2007. E. Approval For Contract Termination/Fort Pierce Fire, Inc. (C05-10-483) - Consider staff recommendation to approve for the County Attorney to draft a termination notice for Facilities Use Agreement (CO5-10-483) Fort Pierce Fire, Inc. (the League). Content Agenda September 11, 2007 Page Two 4. PARKS AND RECREATION CONTINUED F. Approval of Salt Monitoring Wells Project/Fainwinds Golf Course/Approve Budget Amendment #07- 081/Approve Capital Improvement Project #07-105 — Consider staff recommendation to approve Capital Improvement Project (CIP07-105), installation of two salt -water monitoring wells at Fairwinds Golf Course as required by South Florida Water Management District Water Use Permit No. 56-01026- W item #'s 23 and 24. Give its approval for Huss Drilling to install two saltwater monitoring wells at a cost of $12,800.00 for installation and an additional $200.00 for miscellaneous items that may be associated with the project. Approve Budget Amendment #07-081. G. Port St. Lucie Fall Festival — Request to waive rental fees at Tradition Field — Consider staff recommendation to approve to hold the Port St. Lucie Fall Festival in the Tradition Field parking lot (October 24, 2007 — October 28, 2007), and waive the $5,916.08 rental fees, as requested by the Chairperson. H. Approve Purchase/Automatic Floor 5crubber/Fairgrounds/EQ07-360/BA07-082 — Consider staff recommendation to approve the purchase of a Saber Cutter Automatic Scrubber from Southern Janitor Supply, Inc. at a cost of $5,820.85. Staff is also requesting that the Board approve Equipment Request #07-360 and Budget Amendment. S. PUBLIC WORKS A. Approval from the Board of County Commissioners to extend the contract time to complete the project, accept the Taylor Creek Phase 1 Dredging project Tumma Removal; and for final payment and release of retainage in the amount of $147,247.00; and to make final payment to Sheltra & Son Construction, Inc. (Contact #-07-03-208) — Consider staff recommendation to approve to extend the contract time to complete the Taylor Creel? Phase 1 Project, accept the Taylor Creek Phase 1 Dredging project Tumma Removal; and final payment and release of retainage in the amount of $147,247.00; and to make final payment to Sheltra & Son Construction, Inc. (Contact #-07-03-208). B. Request Board of County Commission approve the revised rates for Taylor Engineering for Port Services Contract — Consider staff recommendation to approve the attached rate revision for Taylor Engineering Port Services Contract. C. Request Board approval for Work Authorization No. 6 with Vanus, Inc. for Traffic Impact Study and review of Traffic analysis for Glades Cut-off Rd. from the Western Annexation DRI's and Continuing Consultant Services for Traffic Impact Studies — Consider staff recommendation to approve Work Authorization No. 6 with Vanus, Inc. for Traffic Impact Study and Continuing Consultant Services for Traffic Impact Studies in the amount not to exceed $15,000, and authorize the Chairman to sign. 6. PURCHASING A. Board approval of the #1 ranked firm from Request for Qualifications #07-073, Tourism Advertising Services and permission to negotiate a contract with the #1 ranked firm, Blair Advertising, (Ft. Pierce, FI.) — Consider staff recommendation to approve to negotiate a contract with the #1 ranked firm (Blair Advertising, Ft. Pierce, FI.) from Request for Qualifications #07-073, Tourism Advertising Services, and if negotiations are successful, authorization for the Chairman to sign the contract as prepared by the County Attorney. Be Board approval to advertise a Request For Proposals for the purchase of Media Services for the St. Lucie County Fairgrounds — Consider staff recommendation to approve to issue a Request for Proposals for Media Services for the St. Lucie County Fairgrounds. C. Board approval to advertise an Invitation to Bid for the purchase of hurricane shutters for various County buildings — Consider staff recommendation to approve to advertise an Invitation to Bid for the purchase of hurricane shutters for various County buildings. D. First Amendment to contract #CO7-04-195 with Dooley Mach Constructors of South Florida, LLC for construction of the Special Needs Shelter/Auditorium — Consider staff recommendation to approve the first amendment to contract #C07-04-195 with Dooley Mack? Constructors of South Florida, LLC, and permission for the Chairman to sign the amendment as prepared by the County Attorney. Consent Agenda September 1111, 2007 Page Three 7. COURT ADMINISTRATION Court Administration requests permission from St. Lucie County Board of County Commissioners to apply for a Florida Department of Juvenile Justice "Juvenile Justice and Delinquency Prevention Safe Schools & Students Program Fiscal Year 2007-2008" grant. The concept paper for the grant must be submitted by September 14, 2007. Additionally, Court Administration requests approval for St. Lucie County to act as the fiscal agent if we are awarded the grant. The grant would be in the amount of $100,000. — Consider staff recommendation to approve the submission of the grant and act as the fiscal agent if Court Administration is awarded the grant. 8. MANAGEMENT AND BUDGET A. Request to approve Budget Resolution No. 07-260 — Consider staff recommendation to approve Budget Resolution No. 07-260. B. Adopt Budget Resolution 07-267 to correct the fund number of The Hurricane Housing Recovery Plan — Consider staff recommendation adopt Budget Resolution 07-267 to correct the error in the fund number for the Hurricane Housing Recovery Plan retroactive to 10/1/06. This will bring us into compliance with grant requirements. C. Request approval to apply the general fund subsidy to the Airport toward lease payments for the Golf Course — Consider staff recommendation to approve applying the general fund subsidy to the Airport toward lease payments for the Golf Course. This would result in moving the Golf Course's liability from the airport fund to the general fund. 9. AIRPORT A. Request for approval of the LPA Group Inc. Works Authorization No. 5 for consultant services for the Gopher Tortoise Relocation Area Conservation Management Plan at the St. Lucie County International Airport, for a lump sum amount of $63,975. — Consider staff recommendation to approve LPA Group Inc. Work: Authorization No. 5 for consultant services for the Gopher Tortoise Relocation Area Conservation Management Plan at the St. Lucie County International Airport, for a lump sum amount of $63,975, and to authorize the Chair or designee to execute same. Be Request for approval of the First Amendment to the Kimley Horn Works Authorization No. 26 for consultant services for Relocation of the Existing Drainage Ditch in the Fixed Base Operator (FBO) Development Area at the St. Lucie County International Airport, increasing the total amount by $43,010.00 for a new lump sum amount of $201,150. C. Request approval for First Amendment to the Kimley-Horn Work Authorization No. 25 for Construction Phase Services for the Airport Rescue Fire Fighting Facility to extend the time for completion to March 1, 2008 at no charge in cost — Consider staff recommendation to approve the First Amendment to the Kimley Horn Works Authorization No. 25 for construction phase services for ARFF building and the access road at the St. Lucie County International Airport, extending the completion date to March 1, 2008 at no change in cost, and for the Chair to execute the same. 10. PUBLIC SAFETY Request to accept Modification #1 to Agreement #CO7-02-053, Treasure Coast Regional Planning Council extension date — Consider staff recommendation to approve Modification #1 to Agreement #C07-02-053, Treasure Coast Regional Planning Council Agreement. 11. UTILITIES A. Staff requests approval of Change Order #1 with Johnson -Davis, Inc. for construction services related to the South Hutchinson Island SR A-1-A Utility Relocation to increase the contract in the amount of $73,520.00 — Consider staff recommendation to approve Change Order #1 with Johnson -Davis, Inc. for construction services related to the South Hutchinson Island SR A-1-A Utility Relocation to increase the contract in the amount of $73,520,00. Consent Agenda September 1t, 2007 Page Four 11. B. Staff requests approval of a Work Authorization with Camp, Dresser & McKee, Inc. for engineering services to review and evaluate the Utilities property near the SLC airport, the Betsy H. Kaplan Parcel, and provide a siting analysis for the planned North County Regional Water and Wastewater Treatment Facilities in an amount not to exceed $68,120.00. 12. COMMUNITV SERVICES A. Approval to renew contract with INTACT, the long term recovery organization, to fund positions for case management and program management assistance for INTACT, to purchase computers and equipment/furniture for these positions, and to have the Chair or designated representative sign necessary documents — Consider staff recommendation to approve to contract with INTACT for $135,000 to receive grant funds to provide program management and case management services and to authorize the Chair or designated representative to sign all necessary documents; to approve the purchase of computers and equipment for staff in these positions; and to maintain staff in the approved positions. B. Authorize Chair of BOCC to sign the grant application to submit a $4,221,157.79 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to enter into an interlocal agreement with the Cities of Fort Pierce and Port St. Lucie to allow St. Lucie County to fund activities within the incorporated cities — Consider staff recommendation to Authorize Chair of BOCC to sign the grant application to submit a $4,221,157.79 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to enter into an interlocal agreement with the Cities of Fort Pierce and Port St. Lucie to allow St. Lucie County to fund activities within the incorporated cities; and authorize Chair to sign any necessary documents if successful. 13. GROWTH MANAGEMENT Consider Resolution No. 07-243 Amending Resolution No. 05-154 with a scrivener error to include the Change in Zoning from the AG-1 (Agricultural — 1 du/acre) Zoning District and R/C (Residential Conservation — 1 du/5 acres) Zoning District to the PUD (Planned Unit Development — Creekside PUD) Zoning District approval for a project known as Creekside — Consider staff recommendation to adopt Resolution No. 07-243 amending Resolution No. 05-154 authorizing the Director of Growth Management to amend the Official County Zoning Map from AG-1 (Agricultural — 1 du/acre) and R/C (Residential conservation — 1 du/5 acres) Zoning District to the PUD (Planned Unit Development) Zoning District. ANNOUNCEMENT$ September 111, 2007 1. The St. Lucie County Cultural Affairs Council and St. Lucie County Fire District invite the public to the 9-11 Patriot's Day Recognition event. It will be held Tuesday September 11, at 3:30 PM at Tradition Field 527 N.W. Peacock: Blvd. Port St. Lucie. For more information, call CAC at 7721462-1767. 2. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.m. 3. The Board of County Commissioners will hold the Affordable Attainable Workforce Housing for Essential Services in St. Lucie County Workshop on Friday, September 14, 2007 at 2:00 p.m. in the County Commission Chambers. 4. "Along the Cattle Trail" Special Exhibit opens Saturday, September 22"d at the St. Lucie County Historical Museum. An action -packed, fun -filled Family Day featuring re -enactors, games, music, and victuals highlights the day from 10 a.m. until 4 p.m. at the Museum, 414 Seaway Drive in Fort Pierce. Admission is $5 per family. The "Along the Cattle Trail," exhibit will run through February 2008. For more information, call Anne Sinnott at 772/462-1891. 5. The Board of County Commissioner will hold the September Informal Monthly Meeting on Friday, September 28, 2007 at 9:00 a.m. in Conference Room #3. 6. The Board of County Commissioner will hold an Ag PUD Workshop on Thursday, October 4, 2007 at 2:00 p.m. in the County Commission Chambers. 7. The St. Lucie County Master Gardener 24th Annual Plant Sale will be on Saturday, October 13, 2007 from 8:00 a.m. to 2:00 p.m. and Sunday, October 14, 2007 from 10:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. S. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 13, 2007 at 9:00 a.m. in the County Commission Chamber. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action talxen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. k V Paula A. Lewis, Chairman District Me. 3 Doug Coward, Vice Chairman District No. z Joseph E. Smith District Ne.1 Charles Grande District No. 4 Chris Craft District Me. 5 AGENDA September 11, 2007 f. MINUTES Approve the minutes from the meeting held on August 28, 2007. Z. GENERAL PUBLIC COMMENT 1. WARRANTS LIST Approve warrants List No. 48 and 49. Z. CONSENT AGENDA A. Board permission to award Invitation to Bid #07-077; Exotic Maintenance Removal Program to the lowest responsive, responsible, bidder, J.D. Sunny Isle, Inc. — Consider staff recommendation to approve to award Invitation to Bid #07-077 Exotic Maintenance Removal Program, to the lowest responsive, responsible, bidder, J.D. Sunny Isle, Inc. and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Board approval to reject all responses to Request for Proposal (RFP) #07-078, Emergency Debris removal/Ditze Repair and permission to re -issue the item as an Invitation to Bid — Consider staff recommendation to approve to reject all responses to Request for Proposal (RFP) #07-078, Emergency Debris removal/Dilze Repair and permission to re -issue the item as an Invitation to Bid. 3. MOSQUITO CONTROL Florida Department of Agriculture and Consumer Services (DACS) — Annual Agreement for Fiscal Year 2007/8 — Consider staff recommendation to approve and Chairman execute the annual agreement with the Florida Department of Agriculture and Consumer Services, for Fiscal Year 2007/8, pending County Attorney review and approval of the proposed agreement. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action t&?en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Charles Grande, Chairman Chris Craft, Vice Chairman Joseph E. Smith Doug Coward Paula A. Lewis District No. 4 District Me. S District No.1 District No. 2 District No. 3 AGENDA September 11, 2007 1. MINUTES Approve the minutes from the meeting held on August 28, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA f. WARRANTS LIST Approve Warrants List No. 48 and 49. p 2. PUBLIC WORKS Approval to submit an application request and supporting Resolution No. 07-012 to the Florida Department of Environmental Protection (FDEP) for funding under the Florida Beach Erosion Control Program (FBECP) - Consider staff recommendation to approve the Florida Beach Erosion Control Program funding application request to FDEP and authorize the Chair to sign Resolution No. 07-012. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action town by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ADDITION: AGENDA kptember 11, 2007 REGULAR AGENDA RAI. COUNTY ATTORNEY Chuck's Seafood Restaurant, Inc. — Consider Third Amendment to Lease Agreement to Increase Area of Leased Premises for Additional Parking — Consider staff recommendation to approve the Third Amendment to the Lease Agreement with Chuck's Seafood Restaurant, Inc. to provide for additional parking to the west of the existing building, and authorize the Chairman to sign the amendment. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 4, 2007 Convened: 6:00 P.M. Adjourned:6:40 p.m. Commissioners Present: Chris Craft, Chairman; Doug Coward, Joe Smith, Charles Grande,Paula Lewis Others Present: Faye Outlaw, Assistant County Administrator; Dan McIntyre, County Attorney; Beth Ryder, Community Services Director; Jack Southard, Public Safety Director; Marie Gouin, Management & Budget Director; Neil Appel, Purchasing Director; Dennis Wetzel, Information Technologies Director; Robert Nix, Growth Management Director; Vanessa Bessy, Environmental Lands; Mike Pawley, County Engineer; Mark Godwin, Criminal Justice Coordinator; Lauri Heistermann, Deputy Clerk; transcribed by Millie Delgado -Feliciano, Deputy Clerk 1. MINUTES Approve the minutes from the August 28, 2007 meeting. It was moved by Com. Lewis, seconded by Com. Grande, to approve the minutes from the meeting held August 28, 2007; and upon roll call motion carried unanimously 2. PROCLAMATIONS/PRESENTATIONS There were no Proclamations/Presentations scheduled for September 4, 2007. 3. GENERAL PUBLIC COMMENT Mr. Bill Blazak, Culpepper and Terpening addressed the Board with regard to Allied Techonologies item C4B. Com. Coward requested discussion on this issue with item C4B. Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the drug problem in the country and stated he felt they should be legalized, controlled and heavily taxed. He also addressed the artificial reef and stated his objection to them. 4. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande to approve the Consent Agenda, to include the "as needed" language on item CA-1, and; upon roll call, motion carried unanimously. PUBLIC HEARINGS 5A. PUBLIC WORKS Building & Zoning - Request Board permission to demolish fire damaged structure at 7909 Paso Robles Boulevard, Fort Pierce, FL that has been found by the Building Official to be more than fifty percent (50%) damaged and is unsafe and constitutes a nuisance - Consider staff recommendation to grant permission to proceed to contract with L.E.B. Demolition Company, as they were the lowest bidder, to demolish the structure and clean the property of all junk, trash and debris if the structure is not taken down and if the property is not cleaned by October 1, 2007. This item was pulled 5B. GROWTH MANAGEMENT 1 Petition of Fort Pierce Angle Road- Trust and Riverside Metzger, L.L.C. for a Change in Zoning from IL (Industrial Light) Zoning District to PUD (Planned Unit Development) Zoning District and Preliminary PUD Plan for property located on the north side of Metzger Road, South of Avenue M, West of Angle Road and East of Canal Number 29 for the project to be known as The Preserve - Draft Resolution No. 07-045 - The Board approved staff recommendation to deny this petition because of the lack of compliance by the applicant as required by this Board. Mr. Jonathan Ferguson requested withdrawing this application. Com. Smith stated he would be amenable to accept the withdraw. Com. Lewis stated she also supports the withdraw. Com. Grande stated he supported the withdraw. It was moved by Com. Grande, seconded by Com. Smith, to accept the withdraw of this petition, and; upon roll call, motion carried unanimously. 5C. COUNTY ATTORNEY Ordinance No. 07-016 - Amending Occupational License Fees to Change the Name to Business Tax and Increase Fees by Five Percent (5%-) Pursuant to Section 205.0535, Florida Statutes - The Board approved staff recommendation to adopt proposed Ordinance No. 07-016 as drafted. It was moved by Com. Grande, seconded by Com. Lewis, to approve Ordinance No. 07-016; and upon roll call motion carried unanimously. 5D. COUNTY ATTORNEY Ordinance No. 07-041 - Correcting a scriveners error in the effective date of Ordinance No. 06-017 which ordinance adopted land development regulations to apply to property generally located in the Towns, Villages and Countryside (TVC) comprehensive plan element - The Board approved staff recommendation to adopt Ordinance No. 07-041 and authorized the Chairman to sign the Ordinance. It was moved by Com. Smith, seconded by Com. Coward to adopt Ordinance No. 07-041 and authorized the Chairman to sign the Ordinance; and upon roll call motion carried unanimously. Non- agendad Ms. Patricia Crystal addressed the Board with regard to a building inspector problem she felt the county may have. She stated a roof that was repaired after the 2004 Hurricanes was not properly done and felt the inspectors did not do their job properly and asked what recourse she had. The County Attorney advised Ms. Crystal the liability stands with the contracting company. He is not dismissing the issue, but would need more facts regarding the inspector's issue. The Chairman directed Ms. Crystal to provide staff with further information on this issue. 5E. COUNTY ATTORNEY Boundary ("CDD No No. 2") Changes for Tradition Community Development District No. 1 1") and Tradition Community Development District No. 2 ("CDD Ordinance Nos. 07-042 and 07-043 - Mr. Dan Harrell, attorney representing Tradition Community District, addressed the Board and stated the County Attorney was correct, on 2 July 23, 2007 the Port St. Lucie City Council approved the changes reflected and all non-residential Tradition Community Development District property lies within the municipal limits of Port St. Lucie. It was moved by Com. Grande, seconded by Com. Lewis to adopt Ordinance Nos. 07-042 and Ordinance 07-043 and; upon roll call, motion carried unanimously. 5F. GROWTH MANAGEMENT Petition of Grande Beach North Hutchinson Island, LLC, for a Text Amendment to the Land Development Code, Planned Mixed Use Development, Section 7.03.03, Standards and Requirements, for a 9.44 acre tract of land within the MXD-Grande Beach Mixed Use Activity Area on the future land use map (Ordinance No. 07-032). This is the first of two required public hearings - Staff is recommending to remand this item back to the Planning and Zoning Board and schedule public hearing afterwards/ Mr. Bobbie Klein, Klein and Dobbins, addressed the Board and stated they were requesting once the item goes before the Planning and Zoning Board, they were looking to have the public hearing in October. The Assistant County Administrator stated she could not commit to a date in October at this time. It was moved by Com. Grande, seconded by Com. Lewis, to remand this item back to the Planning and Zoning Board, and; upon roll call, motion carried unanimously. 5G. GROWTH MANAGEMENT Petition of Grande Beach North Hutchinson Island, LLC, for Preliminary Planned Mixed Use Development approval for a project to be known as Grande Beach-PMUD - Staff is requesting that this petition be pulled from the agenda and be remanded thru the Planning & Zoning Commission on September 20, 2007. It was moved by Com. Coward, seconded by Com. Grande, to remand this item back to the Planning and Zoning Board, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS CONSENT AGENDA 1. WARRANTS Approve warrant list No. 48 2. COUNTY ATTORNEY A. Permission to Advertise - Ordinance No. 07-051 amending Chapter 1-2.3 (Airports and Aircraft) by adopting Primary Guiding Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the St. Lucie County International Airport - The Board approved staff recommendation to authorize permission to advertise proposed Ordinance No. 07-051 on September 18, 2007. B. Revocable License Agreement - I6905 Indian River Drive - Mr. & Mrs. Blanton - The Board approved staff recommendation to approve the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Mr. & Mrs. Blanton to record the document in the Public Records of St. Lucie County, Florida. C. Lakewood Park Regional Park - Right-of-way Donation - Emerson Avenue - State Road 607 - Resolution No. 07-262 - The Board 3 08/31/07 F 7.ABWARR FUND TITLE 001 001164 001167 001174 001180 001182 001183 001404 001413 001418 001419 001424 001814 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 102 �_.003 107006 107204 ill 112 120 122 126 129310 139 140 140133 140335 140341 150 160 170 183 183001 183004 183006 185008 210 ST. LUCIE COUNTY - BOARD WARRANT LIST #48- 25-AUG-2007 TO 31-AUG-2007 FUND SUMMARY General Fund USDOJ Violence Against Women Grant FTA Section 5303 Grant FY 05 FHFC Disaster Relief Grant US Dept Housing HUD Shelter Plus Gr CSBG Grant FY07 Section 112/MPO/FHWA/Planning 2007 05 CDBG Sup Disaster Recovery FL Dept. Of Transp Park & Ride FDCA EMPA FY07 FDCA-Construct County EOC Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constrtut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting FRDAP Grant-Lawnwood Recreation Com Palm Grove Fund Port & Airport Fund Construct Runway 9L/27R Parallel Runway Design-9L/27R Construction of Airport Rescue & Fi Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA Hurricane Housing Recovery Impact Fees I&S EXPENSES 727,204.05 11,604.05 80.88 305.25 15.45 355.45 1,364.57 367.73 11000.00 3,912.56 500.00 8,373.25 319.53 59,166.85 150.79 72,239.23 110,676.90 13,165.63 29,629.62 37,682.20 47,244.75 B18.36 42,971.38 64,550.36 407.07 235.00 115,226.40 296.90 2,845.58 605.43 179.49 1,035.58 124.89 63,193.65 758.64 6,241.15 20,054.50 1,055.50 4,225.00 615.16 694.29 11,849.80 16,924.76 185.61 798.22 35.23 7,961.32 238,367.39 PAGE 1 PAYROLL 4,083.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O8/31/07 F7ABWARR FUND TITLE 216 310001 316 316001 352 39004 401 418 451 458 461 471 478 479 491 505 505001 606 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #48- 25-AUG-2007 TO 31-AUG-2007 FUND SUMMARY County Capital I&S Impact Fees -Library County Capital Transportation Capital Sports Complex Improv Fund Airport Industrial Park Capital MSB Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash -Property Appraiser Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 111,602.77 9,277.48 31,973.73 203,795.86 98,346.47 15,349.77 1,275,676.31 5,415.10 18,387.53 139.46 34,978.74 23,418.75 23,334.62 234.69 13,301.22 453,676.68 2,093.19 250,000.00 4,858.63 209.85 8,476.12 4,312,162.37 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,695.84 0.00 0.00 0.00 0.00 0.00 6,779.04 approved staff recommendation to approve the County Deed and Resolution provided by the Florida Department of Transportation, authorized the Chairman to sign Resolution No. 07-262, County Deed and Donation of Property Form, and directed staff to record the documents in the Public Records of St. Lucie County, Florida and return to the Florida Department of Transportation. D. Permission of Advertise - Ordinance No. 07-054 - Water Conservation Plan - The Board approved staff recommendation to grant permission to advertise proposed Ordinance No. 07-054 for public hearing before the Local Planning Agency on September 20, 2007 and the Board of County Commissioners on October 16, 2007 and November 20, 2007 beginning at 6:00 p.m. or as soon thereafter as may be heard. E. Request Permission to Advertise - Public Hearing - Petition to abandon a portion of Dunn Road - The Board approved staff recommendation to authorize staff to advertise a Public Hearing to be held on October 2, 2007 at 6:00 p.m. or as soon thereafter as possible. F. Airport West Commerce Park - Right-of-way Donation - Kings Highway - State Road 713 - Resolution No. 07-263 - The Board approved staff recommendation to approve the County Deed and Resolution provided by the Florida Department of Transportation, authorized the Chairman to sign Resolution No. 07-263, County Deed and Donation of Property Form, and directed staff to record the documents in the Public Records of St. Lucie County, Florida and return to the Florida Department of Transportation. 3. ENVIRONMENTAL RESOURCES Request the Board approve the Contract, as amended, for the St. Lucie Turtle Nesting Habitat Improvements (FL) (National Fish and Wildlife Foundation No. 2006-0114-006) and authorize the chair to sign the agreement - The Board approved staff recommendation to approve the contract, as amended, for the St. Lucie Turtle Nesting Habitat Improvements (FL) (National Fish and Wildlife Foundation No. 2006- 01114-006) and authorized the Chair to sign the agreement. 4. PUBLIC WORKS A. Engineering Division - South Jenkins Road Extension into Wal- Mart Distribution Center - Receive reimbursement from LBFH, Inc. in the amount of $110,520.01 towards reimbursement for construction modifications for the C-101 pipe reinstallation, and equalizer culverts - The Board approved staff recommendation to accept the letter from LBFH, Inc., and granted staff permission to proceed with accepting reimbursement in the amount of $110,520.01 towards reimbursement for construction modifications for the C-101 pipe reinstallation, and equalizer culverts for South Jenkins Road Extension, and authorized the Chairman to sign. B. Engineering Division - Agreement with Allied New Technologies to Pay Fee in Lieu of Constructing Concrete Sidewalks - The County Attorney stated staff did not have a problem with the request as stated in the letter indicating an amendment to condition number 6 of Resolution No. 07-077 It was moved by Com. Lewis, seconded by Com. Grande, to approve the agreement to pay in lieu of constructing concrete sidewalks and also amending condition number 6 0£ Resolution No. 07-077 as indicated and authorized the Chairman to sign; and, upon roll call, motion carried unanimously. 4. PUBLIC WORKS CONTINUED C. Engineering Division - Approve the agreement with Inwood Consulting Engineers for additional professional engineering services regarding the preparation of a Local Agency Program (LAP) Categorical Exclusion report and checklist, to be rd performed on the Angle Road Sidewalk Project. This report and checklist will be accomplished in order to utilize potential available funding from FDOT for construction - The Board approved staff recommendation to approve and authorized the Chairman to sign the Second Amendment to Work Authorization No. 5 (Contract CO3-09-708) with Inwood Consulting Engineers in the amount of $3,890.00, for the preparation of a Local Agency Program Categorical Exclusion report and checklist for the Angle Road Sidewalk Project, for a total design cost of $114,185.00. Com. Smith requested a letter be sent to the state to advise them they would like to have the decision expedited. 5. PURCHASING A. Board approval to advertise an Invitation to Bid for to repair dune crossovers damaged by Hurricane Frances and Hurricane Jeanne at Ocean Bay and Little Mud Creek - The Board approved staff recommendation to approve to advertise an Invitation to Bid to repair dune crossings damaged by Hurricane Frances and Hurricane Jeanne at Ocean Bay and Little Mud Creek. B. Board approval of the final ranking of engineering firms to design the Jenkins Road Bridge over Ten Mile Creek and permission to negotiate a contract with the top ranked firm, and if negotiations are unsuccessful, to then negotiate a contract with the firms in ranking order until successful. RANKING FIRM 1. Infrastructure Engineers, Inc. 2. Kimley-Horn 3. H.W. Lochner, Inc. 4. Stanley Consultants, Inc. 5. Keith and Schnars, P.A. The Board approved staff recommendation to approve the final ranking of engineering firms to design the Jenkins Road Bridge over Ten Mile Creek and permission to negotiate a contract with the top ranked firm, and if negotiations are unsuccessful, to then negotiate a contract with the firms in ranking order until successful, and authorized the Chairman to sign the contract as prepared by the County attorney. C. Second Amendment to Contract C06-10-672 with Tarheel Specialties, Inc. for Enhanced Swale Maintenance - The Board approved staff recommendation to approve the second amendment to Contract C06-10-672 with Tarheel Specialties, Inc., and authorized permission for the Chairman to sign the amendment as prepared by the County Attorney. D. Board permission to award Invitation to Bid #07-058; Savannas Recreational Area Trading Post Porch to the lowest responsive, responsible, bidder, AWM Construction, Inc., for the cost of $120,780.00 - The Board approved staff recommendation to award Invitation to Bid #07-058; Savannas Recreational Area Trading Post Porch to the lowest responsive, responsible, bidder, AWM Construction, Inc., for the cost of $120,780.00, (Trex Deck and Roof), and authorized the Chairman to sign the contract as prepared by the County Attorney. E. Board approval to advertise an Invitation to Bid for the cleaning of Tradition Field - The Board approved staff recommendation to approve to advertise an Invitation to Bid for the cleaning of Tradition Field. 6. GROWTH MANAGEMENT TVC Interim Land Development Regulations - The Board approved staff recommendation to grant permission to advertise Ordinance No. 07-055. Com. Grande commended Ms. Wood on her timely efforts while "under the gun" on this issue, even though he does not agree with everything in the TVC. 5 CULPEPPER & TERPENING, INC CONSULTING CNGINEERS LAND SL'HV 1- Writers e-mail; dmumlry.cl-ely�.com JDb Number. 06-505 August 14, 2007 Mr. Robert Nix, AICP Growth Management Director St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, Florida, 34982 Subject Allied New Technologies/ Resolution 07-135 Dear Na. Nis: At the;uly 20, meeting of the St. Lucie County Board of County Cotnrnissions, where the final approval order for the proposed Major Adjustment to the Existing Major Site Plan known as Allied New Technologies (ANT) was approved, I indicated in my comments to the Board that while we did not object to the basic intent of certain recommend conditions ofapproval found in the Draft Resolution approving this project, we did have some concern over the timing of when these conditions would have to triggered. However, in the interest of tirne we simply noted for the record, and the Board acknowledged the fact, that we untended to return to the County in the immediate fahue and seek a minor clarification in Conditions Number 6 and 7. Conditions Number 6 and 7 of Resolution 07-135, read as follows: 6. Prior to approval of a Notice of Vegetation Removal application the property owner shall provide right and left turn lanes on Range Line road the entrances -need to be modified to meet the requirements of LDC 7.10.15; and the proposed shell rock area needs to be changed to either concrete or hot asphalt. 7. Before the issuance of the vegetation removal permit the developer shall enter into an agreement to pay it fee in lieu of constructing the six foot concrete sidewalk along the projects entire road frontage. The fee and agreement shall be supported by a signed and seal engineers estimate of probable cost. All estimates shall be approved by the County Engineer, Our concerns in regard to Condition Number 6 are: a.) Tying the need to have the right and left turn lane at the project entrance "constructed" before you can obtain approval of any application for vegetation removal permit appears to be a significant departure from past County permitting practices. Putting aside for a moment the fact that you can't even commence construction on these turn lanes without a vegetation removal permit being issued, A LEGACY OF EXPERTISE AND EXCELLENCE 2G80 SOUTH 257H STREET , FT. PIERCE. FL 3408I I]]21 4e4-3537 FAX: (lT 2) 459 9q9] ..- }n F y� Ag.i: , � 4 x; u_x,�: -c4, Kati;:,✓ ., f ..lh ...� -.. .� � . :lugusr 1=t, 2007 Page 2 Subject: Allicd Universal/ Res 07-135 (and thus we find ourselves in the paradox of not even being able to start constniction on these turn !ages since we can't get a vegetat on removal perm t issued until dicy have been provided for), to require that all of the site access work be completed before any work is done on dhc site itself is overly time consuming, unreasonably expensive and completely unnecessary. I can appreciate the concern that the County has in looking to ensure that the cited improvements are in fact constructed in a timely manner. However, consistent with what is done in most all other jurisdictions, the County could simply require that security, in an amount, manner and from acceptable to the County, be posted in favor of the County that would address the cost of constructing this facility should the property developer default on the development activity or obligation. Alternatively, there is always the traditional approach of placing a hold on the issuance of any Certificate of Occupancy, or its equivalent use authorization, until such time as the specific transportation improvement has been completed. b.) The cited need to modify the site access drives to meet the requirements of Section 7,10.15 of the County's Land Development Code have already been done and were reflected on the site plan that was approved on July 241h. This part of the condition appears to be from an earlier input report from the County Engineers Office that was not crossed off as being complied with when the final plan check was conducted. c.) The cited need to have a paved parking area in the northern part of the subject were reflected on the site plan that was approved on July 241h. This part of the condition appears to be from an earlier input report from the County Engineers Office that was not crossed off as being complied with when the final plan check was conducted. Therefore, referencing the above, I would propose that the following amendments be made to Condition Number 6, o. Resolution 07-077: 6, Prior to apthe issuance of a Certificate of Occupancy' or its equivalent use authorization, the property owner shall provide right and left turn lanes on Range Line road at the ptojecr entrance Prior to the issuance of anybuilding permits for any part of the lanned expansion are',' it e t-:':: = the nroperw owner, his sucessors or assigns shall posr security in a manner and form acceptable to the St Lucie Court �; Attorney to ensure that the these required turn lanes are provided for, rrc-al-m-;e nl.. .......'.er-*-.,,-.ftiw"x, fx HeN r eek trey nc is-t j Fee c 3,e� �n� c tareset ttfi-Ml - Underline is for addition Strike. +rtitig�' is for deletion In regard to Condition Number 7, 1 have the same basic concerns about the dining of the condition as I do in Condition Number 6, However, we believe that u,e will have this one addressed in a much short time period than we can with Condition 6, since we are already in the process of completing the necessary agreements 17 '1..:Ar August 14, 2007 Page 3 Subject: Allied Universal/ Res 07-135 with the Engineezing Department, and all we need to do is execute the agreement, not actually build something. Thank you For your attention to this matter. IF you have any questions about this matter, please let me know. Sincerely, CULPEPPER & TERPENING, INC. De is J. turphy, AIC enior P.ojecc Manager nj a•t cc: Jim Palmer, Allied New Tcd-ologice P:\Prnj-2DDG\0G-505 \Correspondence\06-5D5 SLC Growdt.009, Nix, rquieswd revisions letter to Rrs 07-135a.doc 7. ADMINISTRATION/MEDIA Change Order No. 1 to Contract No. C07-04-196 with D. Co Marketing, Inc., Budget Amendment 07-083 totaling $13,035.00 for Upgrades to the SLCTV Production Control Room - The Board approved staff recommendation to approve of Change Order No. 1 to Contract No. C07- 04-196 with D. Co. Marketing, Inc., Budget Amendment 07-083 totaling $13,035.00 and transferring $13,035.00 from the General Fund Contingency to the Machinery and Equipment account noted above and approval of Amended Equipment Request No. 07-319 totaling $35,035.00 for Upgrades to the SLCTV Production Control Room. CONSENT AGENDA - ADDITIONS CA1. SOLID WASTE Staff requests an emergency purchase order to KRK Enterprises, Incorporated for the removal, transportation and disposal of up to 2,000,000 gallons of leachate from the St. Lucie County Landfill - The Board approved staff recommendation to approve the emergency purchase order to KRK Enterprises, Incorporated for the removal, transportation and disposal of up to 2,000,000 gallons of leachate from the St. Lucie County Landfill at a cost of $145.00 per 1,000 gallons. The Assistant Solid Waste Director clarified this item and stated this is for just in case they need to truck the leachate to Palm Beach County and this is on an "as needed basis". Com. Coward requested the " as needed" language be added to the purchase order. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Cierk of the Circuit Court 9 I AGENDA REQUEST ITEM NO. DATE: September 11, 2007 REGULAR [XI PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No.07-269 - Proclaiming September 17, 2007, as "CITIZENSHIP DAY", and further Proclaiming September 17, 2007, through September 23, 2007, as "CONSTITUTION WEEK" in St. Lucie County, Florida. BACKGROUND: The President of the St. Lucie River Chapter of the Florida Society Sons of the American Revolution, Jay Wise, has requested that this Board proclaim September 17, 2007 as "Citizenship bay"; and further proclaim September 17, 2007, through September 23, 2007, as "Constitution Week" in St. Lucie County, Florida. The attached Resolution No. 07-269 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 07-269 as drafted. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept. CONCURRENCE: Douglas Anderson County Administrator Review and Approvals Management & Budget Purchasing Other: Other: Finance: (Check for Copy only, if applicable)_ Eff. 5/96 RESOLUTION NO. 07-269 A RESOLUTION PROCLAIMING SEPTEMBER 17, 2007, AS "CITIZENSHIP DAY"; AND FURTHER PROCLAIMING SEPTEMBER 17, 2007, THROUGH SEPTEMBER 23, 2007, AS "CONSTITUTION WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution of February 29, 1952 (36 U.S.C. 106, as amended), designated September 17th as "Citizenship Day", and by joint resolution of August 2, 1956 (36 U.S.C. 108, as amended), requested that the President proclaim the week beginning September 17" and ending September 23rd of each year as "Constitution Week". 2. This Board believes the citizens of St. Lucie County should recognize Citizenship Day and Constitution Week and participate in any activities being held during that time. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim September 17, 2007, as "CITIZENSHIP DAY" in St. Lucie County, Florida. 2. This Board does hereby further proclaim September 17, 2007, through September 23, 2007, as "CONSTITUTION WEEK" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 111h day of September, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY y 2007/2008 Officers President Jay Wise 2829 Rainbow Dr. Fort Pierce, FL 34981 772-466-1275 First Vice President John E. Moore Jr. 11609 Court North Jupiter, FL 33478 561 741 1626 Second Vice President - Hall Riediger 1702 SW Nantucket Ave. Port St Lucie, FL 34953 772 338 0926 Secretary Carl Scholmberg 10816 SW Ellsnore Dr. Port St Lucie, FL 34987 772 345 0037 St Lucie Biver Chapter Florida Society Sons of the American .Revolution August 24, 2007 Legal Dept. St Lucie County Third Floor, Administration Bldg. Madam; The St Lucie River Chapter of the FLSSAR respectfully requests a Proclamation from the St Lucie County Commissioners proclaiming the week of Sept 17, 2007 thru Sept 23, 2007 as Constitution Week. A copy of a previous Proclamation is attached and by changing dates as marked will be satisfactory. Thank you very much for your consideration and I can be notified when it will be read by mail, telephone or e-mail. A Chapter representative will accept the Proclamation in person. Treasurer t Robert H. Eisenhardt " G� 9043 SE Hawks Nest Road ,lady ;Ilse, Press. Hobe Sound, FL 33455 /2829 Rainbow Dr. Fort Pierce, FL 34981 772 546 5672 (772) 466 1275 e-mail lindyjay@bellsouth.net ChaWains Douglas North 850 Damask Ave. Port St Lucie, FL 34983 772 878 7804 Richard Dickman 2301 SE Gowin Drive, Port St Lucie, FL 34883 772 398 9731 Diectors at Larne Joseph Leinbach 6940 SE Winged Foot Dr Stuart, FL 34997 772 283 8344 Jack Taylor 2836 Potilla Ave. Vero Beach, FL,32960 772 562 5247 Sereeant-at-Arms Doug North 50 Damask Ave. Port St Lucie, FL 34983 772 878 7804 RESOLUTION NO. 4PPN*i A RESOLUTION PROCLAIMING SEPTEMBER 9,007 17, a"*, AS "CITIZENSHIP DAY"; AND FURTHER, PROCLAIMING SEPTEMBER 17, .2W WWMW, THROUGH SEPTEMBER 23, a'ioiis AS .100'j "CONSTITUTION WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution of February 29, 1952 (36 U.S.C. 106, as amended), designated September 17th as "Citizenship Day," and by joint resolution of August 2, 1956 (36 U.S.C. 108, as amended), requested that the President proclaim the week beginning September 171h and ending September 23`d of each year as "Constitution Week." 2. This Board believes the citizens of St. Lucie County should recognize Citizenship Day and Constitution Week and participate in any activities being held during that time. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: , a07 1. This Board does hereby proclaim September 17, @&" , as "CITIZENSHIP DAY" in St. Lucie County, Florida. 2. This Board does hereby further proclaim September 17, 001 sJ6W* through September 23, QJWWm- * as "CONSTITUTION WEEK" in St. Lucie County, Florida. 0-007 PASSED AND DULY ADOPTED this ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN ?ROVED AS TO LEGAL FORM AND 8/14/2007 Miss Stladle - Fwd Truancy video viewing " Y _ Y Page 1 a Prom: Eva O'Donnell r;;b To: Stiadle, Missy Date: 8/14/2007 1:51 PM Subject: Fwd: Truancy video viewing Attachments: Truancy video viewing CC: Smith, Carin Please place on agenda for Aug 28th 9am BOCC meeting, if there's nothing else on the agenda under presentations. Please see attachment. Thanks, 1 h 14/2007) Missy Stiadle - Truancy video viewing Page 1� From: Carin Smith To: O'Donnell, Eva Date: 8/14/2007 1:21 PM Subject: Truancy video viewing Eva, As discussed earlier today, can you please ask Missy to place the Executive Roundtable's Truancy video on an upcoming agenda under presentations? The video will be going onto the county website, so it's probably a good idea for the Commissioners to view it beforehand. I can present it and answer any questions. Please let me know... CCS Carin Smith, Executive Aide Joseph E. Smith District 1 St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982-5652 (772) 462-1410 AGENDA REQUEST ITEM NO. -�2 C DATE: September 11, 2007 REGULAR [XI PUBLIC HEARING[ ] CONSENT[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No.07-268 - Proclaiming September 9, 2007, through September 15, 2007, as "WATER REUSE WEEK" in St. Lucie County, Florida. BACKGROUND: The St. Lucie County Utilities Department has requested that this Board proclaim September 9, 2007, through September 15, 2007, as Water Reuse Week in St. Lucie County, Florida. The attached Resolution No. 07-268 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 07-268 as drafted. COMMISSION ACTION: "APPROVED [I DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Douglas Anderson County Administrator Review and Approvals County Attorney: t"F Management & Budget Wn Originating Dept. Other: Finance: (Check for Copy only, if applicable)_ Purchasing Other: Eff. 5/96 RESOLUTION NO. 07-268 A RESOLUTION PROCLAIMING SEPTEMBER 9, 2007, THROUGH SEPTEMBER 15, 2007, AS "WATER REUSE WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens, and visitors. 2. Water reuse provides a means for conserving and augmenting Florida's precious water resources. 3. Florida has established the encouragement and promotion of water reuse as a state objectives in Chapters 373 and 403, Florida Statutes. 4. Florida's permitted reuse capacity exceeds 1.3 billion gallons per day (over 52 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities), and Florida has risen to be the national leader in water reuse. 5. The State of Florida has declared September 9, 2007, through September 15, 2007, to be Water Reuse Week in Florida. 6. The St. Lucie County Utilities Department has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation. 7. St. Lucie County Utilities Department has implemented a water reuse program and encourages efficient and effective use of reclaimed water. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim September 9, 2007, through September 15, 2007, as "WATER REUSE WEEK" in St. Lucie County, Florida. 2. This Board does hereby urge the citizens and businesses of St. Lucie County to help protect our precious water resources by practicing water conservation and to use reclaimed water in an efficient and effective manner. PASSED AND DULY ADOPTED this 11" day of September, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY (8)24/2007) Missy Stiadle - Fwd: Please review'ProclamationLocal ReuseWeek' Pace 1 From: Eva O'Donnell To: Stiadle, Missy I Date: 8/24/2007 11:12 AM Subject: Fwd: Please review'ProclamationLocalReuseWeek' Attachments: Fwd: Please review'ProclamationLocalReuseWeek' CC: Earl, Lisa Please place attached proclamation on Sept. filth's agenda. Thanks, (812412007) Missy Stiadle - Fwd: Please review 'ProclamationLocalReuseWeek' Page 1 From: Lisa Earl To: O'Donnell, Eva Date: 8/24/2007 8:48 AM Subject: Fwd: Please review'ProclamationLocalReuseWeek' Attachments: ProclamationLocalReuseWeek.doc Good Morning Eva, Attached is an updated copy of the proclamation of Reuse week by SFWMD for Comm. Craft to review and accept. We will be having Wayne Davis from our office and someone from SFWMD to accept at regular Board meeting. Thank you! Lisa Earl Utility Services Manager St Lucie County Utilities (772)462-1845 >>> Lisa Earl 8/23/2007 9:24 AM >>> Here is the proclamation for your review.:) Lisa Earl Utility Services Manager St Lucie County Utilties (772) 462-1845 >>> Lisa Earl 8/9/2007 10:04 AM >>> Good Morning, FDEP and South Florida Water Management has asked us to proclaim Sept 9th-15th Reuse Week. I have modified their proclamation to reference us. Please review and I thought either Wayne, Ray or even Pat can except the proclamation since you and I will be on vacation. Let me know your thoughts. Lisa Earl Utility Services Manager St Lucie County Utilties (772)462-1845 Water Reuse Week September 9-1S, 2007 Proclamation St Lucie County Utilities Fort Pierce, Florida WHEREAS, safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens, and visitors, and WHEREAS, water reuse provides a means for conserving and augmenting Florida's precious water resources, and WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes, and WHEREAS, Florida's permitted reuse capacity exceeds 1.3 billion gallons per day (over 52 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities), and Florida has risen to be the national leader in water reuse, and WHEREAS, the State of Florida has declared September 9-15, 2007 to be Water Reuse Week in Florida, and WHEREAS, St Lucie County Utilities has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management district in encouraging and promoting water reuse and conservation, and WHEREAS, St Lucie County Utilities has implemented a water reuse program and encourages efficient and effective use of reclaimed water, and NOW, THEREFORE, be it resolved that by virtue of the authority vested in me as Chairman of St Lucie County Board of County Commissioners do hereby proclaim September 9-15, 2007 as Water Reuse Week. St Lucie County Board of County Commissioners is calling upon each citizen and business to help protect our precious water resources by practicing water conservation and to use reclaimed water in an efficient and effective manner. April 30, 2007 Page 1 4 Ij CULPEPPER & TERPENING, INC CONSULTING ENGINEERS LAND Sii ftv E"O RS V �O n Sender's Email: bterpereing&Peng.com l job Number: 03-251 August 16, 2007 , _-_ ----- Ms. Faye Outlaw Assistant County Administrator St, Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Subject: Request for Presentation/ Capron Lakes Development of Regional Impact Dear Ms. Outlaw: As you may be aware, over the past two and half years, my office has been working with on an application for Development of Regional Impact to be known as Capron Lakes that is located at the northwest corner of the I-95 and Indrio Road interchange. We are nearing the end of our ADA review process with the Regional Planning Council and have reached a point where we would like to make a brief presentation on the status of this project to the Board of County Commissioners, The purpose of our appearance in front of the Board would be to update them on the review schedule for this DRI and the processes that the County will be going through as this DRI proceeds into its local review stage. This matter is scheduled to be acted upon by the Treasure Coast Regional Planning Council at their September meeting and we would appreciate an opportunity to appear in front of the board before then. In preliminary discussions on this issue with several members of the Board, we have determined that they are indeed interested in such a presentation and further it has been suggested that this presentation be scheduled for a daytime County Commission meeting, since the agendas for those meetings have been rather light lately. I anticipate that this presentation will take no more than 15 or 20 minutes (including any Board question and answer period) and of course we will be coordinating all of this with your Growth Management and legal staff, Since it has been suggested that a daytime meeting date be sought, I am requesting that we be placed on the County Commission agenda of Tuesday, September 11, 2007, which meeting starts at 9:00 am. This date is being requested since it appears to be the neW available daytime County Commission date and it falls a week before this matter is to be presented to the TCRPC. We believe that the Council may find any comments/recommendations that the Board have valuable in their review of the project.. Thank you for your assistance in this matter. Should you have any questions, please let me know. Sincerely, 0 PE INC. P:\Pro 20N13\- -251 corr\1etters\03-Z51. slcbec, DUI, outlaw, request for board presentation_081607. doe cc'. ca Muxo, Indrio Land Holdings AUK t 2rlr�f ' CO. ADt�llh :' OF77 _�, A, LEGACY OF EXPERTISE AND EXCELLENCE 2950 SOUTH 257H STREET FT. PIERCE. FL 34981 (772` 464-3E37 FAX .77P) 464 949 AGENDA REQUEST ITEM NO. SA DATE: September 11, 2007 REGULAR[ ] ' PUBLIC HEARING [x ] CONSENT[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Ordinance No. 07-046 - Deletion of Section 1-2-2 of the St. Lucie County Code which imposed a local option fee for E911 Service BACKGROUND: See CA No. 07-1261 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends approval of proposed Ordinance No. 07-046. COMMISSION ACTION: CONCURRENCE: [ APPROVED [ ) DENIED [ ] OTHER: Approved 5-0 Douglas M. Anderson County Administrator Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr ( ]Finance:(check for copy only, if applicable) Effective 5/96 . IL INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 07-1261 DATE: September 4, 2007 SU137ECT: Ordinance No. 07-046 - Deletion of Section 1-2-2 of the St. Lucie County Code which imposed a local option fee for E911 Service BACKGROUND: Attached is Ordinance No. 07-046 which would delete Section 1-2-2 of the St. Lucie County Code and Compiled Laws which imposed a local option fee for E911 Service. The Legislature has passed Chapter 2007-78, which eliminates counties' authority to impose a local option fee for E911 service, replacing it with a State - imposed fee which will be provided to counties by the State E911 Board to pay certain costs associated with E911 systems. The County no longer has the authority to impose the fee for E911 service, rendering Section 1-2-2 void. RECOMMENDATION/CONCLUSION: Staff recommends approval of Ordinance No. 07-046. Respectfully submitted, Heather Sperrazza Lueke//J Assistant County Attorney HSL/ ORDINANCE NO.07-046 AN ORDINANCE OF THE COUNTY OF ST. LUCIE COUNTY, FLORIDA, DELETING SECTION 1-2-2 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS WHICH IMPOSED A LOCAL OPTION FEE FOR E911 SERVICE; PROVIDING FOR FILING; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA HAS MADE THE FOLLOWING DETERMINATIONS: (a) The Legislature passed Chapter 2007-78, which eliminates counties' authority to impose a local option fee for E911 service, replacing it with a State -imposed fee which will be provided to counties by the State E911 Board to pay certain costs associated with E911 systems. (b) Section 1-2-2 provided for the imposition of a local option fee for E911 service. (c) The County no longer has the authority to impose the fee for E911 service, rendering Section 1-2-2 void. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-2, ADMINISTRATION, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY DELETING SECTION 1-2-2 AS FOLLOWS: -- . County, > declared tube aptrblic purpose and ffirtheberiefitof the citizens of St. Lucie County, .. .. . . . . . . . . . . . . . . ll • . . • : - �rww��•.lr u••rwi.nienMALULUM= 19UMAIMi • Mill : . st : . :. :. : . - .: ,. , :.: : .. : • UNMOOR- ,. :.. PART B. 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. f PART C. EFFECTIVE DATE. This Ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART D. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft XXX Vice Chairman Joseph E. Smith XXX Commissioner Paula A. Lewis XXX Commissioner Charles Grande XXX Commissioner Doug Coward XXX PART E. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to E shall not be codified. PASSED AND DULY ADOPTED this day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Inter -Office Memorandum Department of Public Safety Division of 911 Communications TO: Board of County Commissioners FROM: ]ack T Southard, Director SUBJECT: E911 Fees Agenda Item #5A DATE: September 4, 2007 ***************************************************************** The deletion of Section 1-2-2 of the St. Lucie County code which imposed a local option fee for E911 services is in accordance with the Florida State Statutes. This change will not affect our funding. The State of Florida will now be collecting both the wire and wireless monies and forwarding them to the County. Currently, the monies are collected by each county. r AGENDA REQUEST ITEM NO. 513 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney DATE: September 11, 2007 REGULAR[ ] PUBLIC HEARING [x ] CONSENT [ ] PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Ordinance No. 07-047 - Amending Section 1-7-8 to provide that the additional court cost of sixty-five dollars and the additional court cost for teen court of three dollars would be imposed against every person who is adjudicated delinquent for a delinquent act. BACKGROUND: See CA No. 07-1268 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends approval of Ordinance No. 07-047. COMMISSION ACTION: CONCURRENCE: [)q APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Douglas M. Anderson County Administrator f/ Review and Approvals [X] County Attorney: ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 6. w INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 07-1268 DATE: September 4, 2007 SUBJECT: Ordinance No. 07-047 - Amending Section 1-7-8 to provide that the additional court cost of sixty-five dollars and the additional court cost for teen court of three dollars would be imposed against every person who is adjudicated delinquent for a delinquent act. BACKGROUND: Attached is Ordinance No. 07-047 which would amend Section 1-7-8 of the St. Lucie County Code and Compiled Laws to provide that the additional court cost of sixty-five dollars and the additional court cost for teen court of three dollars would be imposed against every person who is adjudicated delinquent fora delinquent act. Chapter 2007-71 amended Section 938.19, Florida Statutes, to allow counties to charge this additional fee. RECOMMENDATION/CONCLUSION: Staff recommends approval of Ordinance No. 07-047. Respectfully submitted, Heather Sperrazza Lueke / Assistant County Attorney HSL/ 4 ORDINANCE NO. 07-047 AN ORDINANCE AMENDING SECTION 1-7-8 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY PROVIDING FOR THE ADDITIONAL COURT COSTS IN THE AMOUNT OF $65.00 AND FOR TEEN COURT IN THE AMOUNT OF $3.00 TO NOW ADDITIONALLY BE IMPOSED BY THE COURT AGAINST EVERY PERSON WHO IS ADJUDICATED DELINQUENT FOR A DELINQUENT ACT; PROVIDING FOR SEVERABILITY; AND PROVIDING EFFECTIVE DATE. WHEREAS, Chapter 2007-71 amended Section 938.19, Florida Statutes, to allow the County to impose the additional court cost of sixty-five and 0/100 dollars ($65.00) and the additional court cost for teen court of three and 0/100 dollars ($3.00) against every person who is adjudicated delinquent for a delinquent act; WHEREAS, the Board has determined that the adoption of this Ordinance imposing an additional court cost is in the best interest of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE I. "In General," of Chapter 1-7, "Courts," of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: Sec. 1-7-2. Assessment of additional court costs. (a) The court shall assess court costs of sixty-five dollars ($65.00) per case, in addition to any other authorized cost or fine, on every person who pleads guilty or nolo contendre to, or is found guilty of, or adjudicated delinquent for. any felony, misdemeanor, delinquent act, or criminal traffic offense under state law. (b) The clerk of the circuit and county court ("clerk") shall collect the sixty-five dollar ($65.00) court costs assessed by the court and deposit those funds in a separate, designated account established by the clerk. The clerk shall release funds to the board upon request. 6treekthrough portions are deleted. Underlined portions are added. 1 C Sec. 1-7-8. Assessment of court costs to be used for the operation and administration of teen court programs. (a) The court (both county and circuit) shall assess court costs of three and 00/100 dollars ($3.00) per case, in addition to any other authorized cost or fine, against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, or adjudicated delinquent for a violation of criminal law -A delinquent actor a municipal or county ordinance, or who pays a fine or civil penalty for any violation of Chapter 316, Florida Statutes. Any person whose adjudication is withheld under section 318.14(9) or (10), Florida Statutes, shall also be assessed such cost. The assessment for court costs shall be assessed in addition to any fine or civil penalty or other court cost and may not be deducted from the proceeds of that portion of any fine or civil penalty that is received by a municipality in the county or by the county in accordance with Section 316.660 and 318.21, Florida Statutes. The assessment shall be specifically added to any civil penalty paid for a violation of Chapter 316, Florida Statutes, regardless of whether the penalty is paid by mail, paid in person without request for a hearing, or paid after hearing and determination by the court. However, the assessment may not be made against a person for a violation of any state law or municipal or county ordinance relating to the parking of vehicles, with the exception of the violation of the handicapped parking laws. (b) The clerk of the court shall collect the assessments for court costs collected pursuant to this section and shall remit the assessments to the teen court monthly, less five (5) per cent, which is to be retained as fee income of the office of the clerk of the circuit court. The teen court must account for all funds received under this section in a written report to the Board by August 1 of each year. PART B. SEVERABILITY. If any word, phrase, clause, section or portion of this ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. PART C. EFFECTIVE DATE. This ordinance shall become effective October 1, 2007. PART D. FILING WITH THE DEPARTMENT OF STATE. Struek#hreagh portions are deleted. Underlined portions are added. 2 a The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft XXX Vice Chairman Joseph E. Smith XXX Commissioner Paula A. Lewis XXX Commissioner Charles Grande XXX Commissioner Doug Coward XXX PART F. CODIFICATION. Provisions of this ordinance shall be incorporated into the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article', or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts "B" through "F" shall not be codified. PASSED AND DULY ADOPTED this day of , 2007. ATTEST: M. Deputy Clerk Struck through portions are deleted. Underlined portions are added. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS BY: 3 County Attorney AGENDA REQUEST ITEM NO. 5 C TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PUBLIC WORKS DATE: September 11, 2007 REGULAR [ ] PUBLIC HEARING [XX] CONSENT[] PRESENTED BY: Donald B. West, P.E. Public Works Director SUBJECT: Solid Waste Final Assessment Resolution No. 07-259 Public Hearing BACKGROUND: See attached memorandum FUNDS AVAIL. (State type A No. of transaction or N/A): N/A PREVIOUS ACTION: September 14, 2004 - Board adopted Resolution No. 04-255 for the 2004 Final Assessment Resolution. July 24, 2007 - Board adopted Resolution No. 07-220 for the 2007 Initial Assessment Resolution RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 07-259, approving the Solid Waste Final Assessment Resolution. COMMISSION ACTION: APPROVED [ ] OTHER: APProved 5-ci [ ] DENIED L� [x]County Attorney C� [x]CoEng Ivl�l!S Coordination/Nanatures ( ]Mgt. A Budget [x ]MSBU Coor� CONCURRENCE: Douglas M. Anderson County Administrator []Purchasing [x]Solid Waste Di ( ]Finance COMMISSION REVIEW: September 11, 2007 MSBU MEMORANDUM NO. 07-039 TO: Board of County Commissioners FROM: Donald B. West, Public Works Directorrll � DATE: August 15, 2007 SUBJECT: Solid Waste Final Assessment Resolution No. 07-259 Public Hearing BACKGROUND Pursuant to Chapter 1-9, Code of Ordinances and Compiles Laws of St. Lucie County, the Board has the authority to impose annual solid waste service assessments for solid waste collection, disposal and administrative services, facilities or programs against certain assessed property within St. Lucie County. On August 3, 2004, the Board adopted Resolution No. 04-201 (the "Initial Assessment Resolution") authorizing the imposition of recurring annual solid waste service assessments within the County Solid Waste Urban Service Area. The designated rate of assessment was approved at $170.88 for each dwelling unit. On September 14, 2004, the Board adopted Resolution No. 04-255, (the "Final Assessment Resolution") confirming the imposition of a recurring annual Solid Waste Service Assessment. On July 24, 2007, the Board adopted Resolution No. 07-220, the Initial Assessment Resolution, authorizing the Board to impose Solid Waste Service Assessments for the fiscal year commencing October 1, 2007 and directed the County Administrator to prepare an Initial Assessment Roll for said fiscal year to be collected using the uniform method of collecting assessments on the 2007 property tax bill. The designated rate of assessment is reconfirmed at $170.88 per dwelling unit. Two (2) Final Assessment Rolls have been prepared as follows: 1) Final Assessment Roll "A" contains residential property as 1) defined by the property appraiser's database, including properties with a Certificate of Occupancy issued between June 1, 2006 and May 31, 2007 and 2) all known errors and omissions that have been filed to date with the St. Lucie County Tax Collector. 2) Final Assessment Roll "B" contains residential properties that were 1) erroneously omitted from the prior year's Solid Waste Service Assessment, and 2) did not pay their fee upon issuance of a certificate of occupancy. Notice of this public hearing was published in the Tribune and Port St. Lucie News on August 21, 2007. Individual notices for the two (2) proposed assessment rolls were mailed to property owners on August 21, 2007. RECOMMENDATION Staff recommends that the Board adopt Resolution No. 07-259, approving the Solid Waste Final Assessment Resolution. Attachments (1) resolution cc: Staff Concurring Tax Collector Property Appraiser ST. LUCIE COUNTY, FLORIDA FINAL ASSESSMENT RESOLUTION SOLID WASTE SERVICES ADOPTED SEPTEMBER 11, 2007 TABLE OF CONTENTS Page SECTION 1. AUTHORITY 3 SECTION 2. DEFINITIONS AND INTERPRETATION 3 SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION AND DISPOSAL ASSESSMENTS.................................................................... 3 SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION 6 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION 6 SECTION 6. EFFECTIVE DATE 7 APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS..........................................................A-1 APPENDIX B: PROOF OF PUBLICATION.........................................................B-1 APPENDIX C: FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL................................................................. C-1 RESOLUTION NO.07-259 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN ST. LUCIE COUNTY, FLORIDA; AMENDING THE INITIAL ASSESSMENT RESOLUTION; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR THE COLLECTION; APPROVING THE ASSESSMENT ROLL; CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has enacted Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County (the "Ordinance"), which authorizes the imposition of annual Solid Waste Service Assessments for Solid Waste collection, disposal and administrative services, facilities or programs against certain Assessed Property within St. Lucie County; WHEREAS, the imposition of a Solid Waste Service Assessment for Solid Waste collection, disposal and administrative services, facilities or programs for each Fiscal Year is an equitable and efficient method of allocating and apportioning Solid Waste Costs among parcels of Assessed Property; WHEREAS, on September 14, 2004, the Board adopted Resolution No. 04-255 which authorized the imposition of an assessment program for Solid Waste collection, disposal and administrative services, facilities or programs within the County Urban Services Area using the tax bill collection method commencing with the 2004 Fiscal Year; WHEREAS, on July 24, 2007, the Board adopted Resolution No. 06-220 (the "Initial Assessment Resolution"), containing a brief and general description of the Solid Waste collection, disposal and administrative services, facilities or programs to be provided to -2- Assessed Property, describing the method of apportioning the Solid Waste Costs to compute the Solid Waste Service Assessment for Solid Waste collection, disposal and administrative services, facilities or programs against Residential Property, designating a rate of assessment, a separate Assessment Roll for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years and directing preparation of the Assessment Roll and provision of the notice required by the Ordinance,; WHEREAS, pursuant to the provisions of the Ordinance, the Board is required to confirm or repeal the Initial Assessment Resolution, with such amendments as the Board deems appropriate, after hearing comments and objections of all interested parties; WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; WHEREAS, on August 21, 2007, notice of a public hearing has been published and, as required by the terms of the Ordinance and the Initial Assessment Resolution, mailed to each Owner of Residential Property proposed to be assessed notifying such Owners of their opportunity to be heard. An affidavit regarding the form of notice mailed to each Owner of Residential Property is attached hereto as Appendix A and the proof of publication is attached hereto as Appendix B; and WHEREAS, a public hearing was held on September 11, 2007, and comments and objections of all interested persons have been heard and considered as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. This resolution is adopted pursuant to Chapter 1-9 of the Code or Ordinances and Compiled Laws of St. Lucie County; Florida, Resolution No. -3- 05-206; Article VIII, Section 1(f), Florida Constitution; sections 125.01 and 125.69, Florida Statutes; and other applicable provisions of law. SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes the Final Assessment Resolution as defined in the Ordinance. All capitalized terms in this resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution. SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION AND DISPOSAL ASSESSMENTS. (A) The parcels of Assessed Property described in the Assessment Roll, which is hereby approved, are hereby found to be specially benefited by the provision of Solid Waste collection, disposal and administrative services, facilities or programs described in the Initial Assessment Resolution, in the amount of the Solid Waste Service Assessment set forth in the Assessment Roll, a copy of which was present at the above referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined and declared that each parcel of Assessed Property within the County Solid Waste Urban Service Area will be benefited by the County's provision of Solid Waste collection, disposal and administrative services, facilities or programs in an amount not less than the Solid Waste Service Assessment for such parcel, computed in the manner set forth in this Resolution. Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit, as set forth in the Ordinance and the Initial Assessment Resolution from the Solid Waste collection, disposal and administrative services, facilities or programs to be provided and a legislative determination that the Solid Waste Service Assessments are fairly and reasonably -4- apportioned among the Residential Properties that receive the special benefit as set forth in the Initial Assessment Resolution. (B) The method for computing Solid Waste Service Assessments described in the Initial Assessment Resolution is hereby approved. (C) For the Fiscal Year beginning October 1, 2007, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. An annual rate of assessment equal to $170.88 for each Dwelling Unit is hereby approved. Solid Waste Service Assessments for Solid Waste collection and disposal services, facilities or programs in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessed Property described in the Assessment Roll. (D) Any shortfall in the expected Solid Waste Service Assessment proceeds due to any reduction or exemption from payment of the Solid Waste Service Assessments required by law or authorized by the Board shall be supplemented by any legally available funds, or combination of such funds, within the solid waste enterprise fund. (E) As authorized in Section 1-9-71 of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, Interim Solid Waste Service Assessments are also levied and imposed against all Residential Property for which a Certificate of Occupancy (or Building Permit as chosen by the Board) is issued beginning June 1, 2007, or has otherwise been inadvertently omitted from the Assessment Roll, based upon the rates of assessment approved herein. The County shall provide invoices to those Residential Properties requesting payment in the amounts set forth herein. Failure of the Property Owner to pay such amounts within forty-five (45) days shall render these amounts -5- delinquent. Such delinquencies may be collected by any lawful means, including but not limited to, the institution of an action to collect the amounts owed or their inclusion on the subsequent years Tax Bill. In addition, the Building Department shall be authorized to also collect an administrative fee of 2% of the amount of the Interim Solid Waste Assessment to pay for the costs of collection and processing. The amount which shall be imposed upon Interim Solid Waste Assessments, including the administrative fee, shall be $13.67 per month per Dwelling Unit for each month until such Residential Property can be placed on an Assessment Roll. (F) As authorized by 1-9-71 of the Code or Ordinances and Compiled Laws of St. Lucie County, Florida, Solid Waste Service Assessment delinquencies may be collected by any lawful means, including but not limited to, the institution of an action to collect the amounts owed or their inclusion on the subsequent years Tax Bill. The Assessment Roll includes Solid Waste Assessment that are delinquent to date. (F) Such Solid Waste Service Assessments shall constitute a lien upon the Assessed Property so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. (G) The Assessment Roll, as herein approved, shall be delivered to the Tax Collector for collection using the tax bill collection method in the manner prescribed by the Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C. SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The Initial Assessment Resolution is hereby confirmed. SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the method of apportionment, the rate of assessment, the Assessment Roll and the levy and lien of the Solid Waste Service Assessments for Solid Waste collection, disposal and administrative services, facilities or programs) unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 30 days from the date of this Final Assessment Resolution. SECTION 6. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. PASSED, ADOPTED AND APPROVED THIS 11th day of September, 2007. (SEAL) ATTEST: By: Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: Im County Attorney APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Rebecca R. Padrick, who, after being duly sworn, deposes and says: 1. Rebecca R. Padrick pursuant to the authority and direction received from the Board of County Commissioners, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with Chapter 1-9, Code of Ordinances and Compiled Laws of St. Lucie County, Florida (the "Ordinance"), in conformance with the Initial Assessment Resolution adopted by the Board on July 24, 2007 (the "Initial Assessment Resolution"). 2. In accordance with the Ordinance, Ms. Padrick supervised and directed the mailing of individual mailed notices to the owner of each Assessed Property contained upon the Assessment Roll. The notice was substantially in the form as contained in the Initial Assessment Resolution and included the following: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the County expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. FURTHER AFFIANT SAYETH NOT. Rebecca R. Padrick, affiant STATE OF FLORIDA COUNTY OF ST. LUCIE COUNTY The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of , 2007, by Rebecca R. Padrick. She is personally known to me or has produced as identification and did take an oath. Printed Name: Notary Public, State of Florida At Large My Commission Expires: Commission No.: APPENDIX B PROOF OF PUBLICATION APPENDIX C FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, as an authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the non -ad valorem assessment roll for solid waste services (the "Solid Waste Service Assessment Roll") for the County is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2007. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll this day of , 2007. ST. LUCIE COUNTY, FLORIDA Rebecca R. Padrick MSBU Coordinator [to be delivered to Tax Collector prior to September 15] AGENDA REQUEST ITEM NO. ,- TO: SUBMITTED BY (DEFT) SUBJECT: BACKGROUND: GENERAL NOTES: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: Board of County Commissioners County Administration and Growth Management DATE: 9/i V2007 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Faye Outlaw, Assistant County Administrator Peter W. Jones, AIA Planning Manager Rural Land Stewardship Area (RLSA) Program Monthly Status Update See Attached Memorandum. See Attached Memorandum. N/A N/A Staff recommends the Board accepts the status report and provide discussion if needed. [ ] APPROVED [ ] DENIED [ OTHER: Board directed staff to reschedule the September Informal meeting to a new date to accommodate all of the missioners and asked this Item be on the Review and Appro agenda for discussion. County Attorney*- nent & Budget: Originating Dept: Other: Finance: (Check for Copy only, if applicable) CONCURRENCE: Douglas M. Anderson County Administrator Purchasing: Effective: GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: Board of County Commissioners THROUGH: Faye Outlaw, Assistant County Administrator FROM: Peter W. Jones, AIA, Planning Manqr-�' DATE: September 6, 2007 SUBJECT: RURAL LAND STEWARDSHIP AREA (RLSA) PROGRAM MONTHLY STATUS REPORT Since the August 14th monthly Board update, the Rural Land Stewardship Area (RLSA) activity has been limited to County Staff's finalization of the review of the applicant's response to the initial staff report on the Stewardship Sending Area (SSA) application. County Staff RLSA Review Time As part of the Board discussion at the August 14t" meeting, staff was asked to develop a compilation of staff hours spent and the associated costs related to the RLSA initiative to date. Staff had not maintained a log of hours spent on this effort. Therefore, compilation of the staff hours is an estimate based on documented meetings with the applicants, internal staff meetings, staff reviews, commentaries and administration of the process. The calculation of the cost associated with the hours is based on a `blended' hourly rate, including overhead and may need to be further refined. The hours and rates are detailed in Exhibit 1 and summarized as follows: Co DeptlApplicant Total Staff Total Hours Cost A County Administration/IT 2 15.5 $ 640.31 B Growth Management 6 441.5 $ 12,831.85 C Special Projects 1 130 $ 7,409.91 D Environment Resources 3 251 $ 11,044.00 E Engineering 4 115 $ 3.963.48 Subtotal County Departments 11 831.50 $ 35,889.55 RLSA Developer Paid Costs To date, the developer has paid certain fees and outside consultant costs associated with the RLSA initiative totaling $98,055. This includes $29,500 paid for MSCW, the County's consultant, for review of the RLSA Overlay/Comp Plan Amendment and the SSA application September 6, 2007 Board of County Commissioners RLSA PROGRAM MONTHLY STATUS REPORT Page 2 of 2 and an additional $68,555 for application fees/transportation consultant as broken down in Exhibit 2 attached. ACTION REQUESTED Substantial additional staff time will be required to complete the remainder of the RLSA process. It is also anticipated that consultant review services beyond the current contract with MSCW will also be needed. Staff is requesting Commission discussion and direction on this matter. Exhibit 1 March 22, 2007 April 2, 2007 May 1, 2007 June 13, 2007 July 30, 2007 August 24, 2007 August 30, 2007 Assistant County Administrator RLSA Estimated Staff Time Ernie Cox 11:00 - 12:00 Gil Backenstoss / RLSA Timeline 4:00 - 5:00 Gil Backenstoss / RLSA Work Session 10:00 - 11:00 RLSA Methodology Session 9:00 -12:00 RLSA Statutory Compliance 2:00 - 3:00 RLSA Conference Call 2:00 - 3:00 RLSA: Staff Time 4:00 - 5:00 Total # of Estimated Hours 9 * Hours * *Does not include hours spent on staff reports, staff work reviews and follow up meetings. ft'61rn: Edwin Blaine tb: Peter Jones bate: 9f712007 12:07:36 PM Subject: Re: RLSA COSTS Just got them.... 2 hours @ $51.30 per hour % hour @ $34.17 per hour Total=$119.66 >>> Peter Jones 917/2007 11:55:36 AM »> Anything on hours and cost? Pi Peter W. Jones, A.I.A., Planning Mgr. Growth Management Department St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 T: 772.462.2822 F: 772.462.1681 E: ionesoCcDstlucieco.00v Growth Management RLSA Estimated Staff Time Assistant Director, Planning Manager January 4, 2006 TRPC 5 Hours March 30, 2006 Ernie Cox 2 Hours December 6, 2006 District Workshop 1.5 Hours January 16, 2007 RLSA: Staff Time 1 Hour March 22, 2007 RLSA: Staff Time 1 Hour April 2, 2007 Fay Outlaw / RLSA Timeline 1 Hour April 5, 2007 Caroline Villanuera 1 Hour May 24, 2007 Ernie Cox 2.5 Hours June 29, 2007 RLSA / IT Tracking 1 Hour (X2) July 25, 2007 RLSA / 5RA 2 Hours (X2) July 30, 2007 RLSA Statutory Compliance 1 Hour (X2) August 10, 2007 Ernie Cox .5 Hour August 16, 2007 RLSA / SRA 2 Hours August 17, 2007 RLSA / 55A 1 Hour August 30, 2007 Fay Outlaw / RLSA Applicants 1 Hour To date Planning Manager reports, reviews and related tasks 40 Hours Total # of Estimated Hours 67.5 Hours *Does not include hours spent by Gilbert Backenstoss on reports, correspondence, etc. Growth Management RLSA Estimated Staff Time Page 1 of 2 September 5, 2007 Administrative Staff To Date To Date To Date GIS Mapping Total # of Estimated Hours Administration Contracts / Finance 14 Hours 80 Hours 120 Hours 214 Hours Director / Manager Average Salary w/ Overhead $38.55 X 67.5 Hours = $2,541.13 Administrative Average Salary w/ Overhead $18.98 X 214 Hours = $4,061.72 Total Hours 281.5 Total Number of Staff 6 Total Estimated Cost* $7,602.85 Growth Management RLSA Estimated Staff Time Page 2 of 2 September 5, 2007 Strategy & Special Projects Department RLSA Estimated Staff Time Timeframe Activity Hours Cost/Month March 2005 Site Visit to Adams Ranch 4 $214.48 May 2005 BOCC Workshop 3 $170.04 June 2005 Plan amendment review 6 $340.08 August 2005 Plan amendment review 5 $283.40 September 2005 BOCC amendment transmittal 8 $453.44 December 2005 DR[ methodology meeting 2 $114.26 February 2006 Staff meetings 5 $285.65 March 2006 GOP meetings 6 $342.78 April 2006 Project review 10 $571.30 May 2006 Project administration 10 $571.30 May 2006 ORC Discussion 4 $228.52 June 2066 EAC meeting 1 $57.13 June 2006 Plan amendment/LDR oversight 8 $457.04 July 2006 EAC meeting 2 $114.26 July 2006 Plan amendment/LDR oversight 19 $1,085.47 August 2006 Plan amendment/LDR oversight 12 $685.56 September 2006 Plan amendment/LDR oversight 14 $799.82 September 2006 BOCC public meeting 6 $342.78 October 2006 Amendment adoption follow-up 5 $292.60 Total 130 $7,409.91 ' Cost per month includes salary (broken into hourly wage) for each time period and the related benefits derived from the OMB salary calculator. ERD Time RLSA Estimated Staff Time Early 2005 Site Visit with Comm. Hutchinson 4 hrs May 2005 BOCC Workshop 3 hrsX2 2/1/2006 Staff ORC Meeting 2 hrs 3/3/2006 Staff GOP's Meeting 1 hour 5/1/2006 Meeting with Mike Minton 1 hour 5/5/2006 ORC Discussion 2 hrs 6/28/2006 Site Visit 4 hrsX2 8/7/2006 Meet with FLR folks at ERD 1 hourX3 9/1-9/10 Meet with Comm. Re: comp plan/LDC 4 hrsX2 9/12/2006 BOCC Meeting 6 hrs 10/5/2006 Meet with Comm. 1 hr 1/22/2007 Special Cloud Grove Meeting with BOCC 1hr 2/23/2007 BOCC Special Meeting Cloud Grove 2 hrs 4/23/2007-5/17/2007 RLSA SSA Review I` sufficiency review 14 hrs (10 hours for Yvette Alger, 2hours each for Amy Mott and V. Bessey) 5/8/07 meeting with The Nature Conservancy 3 hrs X 2 5/17/2007 Staff DRC to discuss 55A 2 hrs 6/13/2007 RLSA Methodology Meeting 3 hrs X3 6/7/07 Florida's Stakeholder Fish & Wildlife Forum 2 hrs X 2 6/25/2007-7/5/2007 RL5A SPA Review I" Sufficiency 10 hours (8 hours for Yvette Alger and i hour each for Amy Mott and V. Bessey) 6/28/07 DRC on completeness review 2 hrs X 2 7/5/2007 SPA Meeting with applicant 2 hrs X3 7/25/07 RLSP -w/ development team 2 hrs X 3 7/30/07 RLSP Statutory Compliance 2 hrs X 2 7/30/2007 SSA Second Sufficiency Review 8 hrs EAC Meetings 7/12/2005 - RLSP Presentation 2 hrs 8/9/2005 - Compile comments on RLSP 5 hrs (1 hr plus 4 staff time) 8/18/2005 - Meet with project team regarding 7/12/2005 presentation ands comments 5 hrs (2 hr plus 3 hr staff time to prep) 2006 2/14/2006 - Set up Adams Ranch Tour 1 hr 6/6/2006 - RLSP Presentation 1 hr Cloud Grove Tour and Adams Ranch Tour 6 hrs 2007 2/13/2007 - RLSP Presentation 4 hrs (2 hr presentation plus 2 hrs staff prep) 3/10/07 EAC field trip to Cloud Grove 6 hrs 3/13/2007 - RLSP Presentation 4 hrs (2 hr presentation plus 2 hr staff time) 4/10/2007 - RLSP Presentation 4 hrs (2 hr presentation plus 2 hr staff prep) 5/8/2007 - 55A Presentation 2 hr Staff time doing research on RLSP for EAC 15 hrs General staff time doing review of LDC and Comp Plan 80 hrs (40 hrs for Amy Mott and 40 hrs for Vanessa Bessey) Average salary - $26.87/hour (Based on Amy Mott, Vanessa Bessey, and Yvette Alger's salaries) Hourly rate with benefits - $44.00/hour Estimated Hours - 251 hours Estimated Cost to date - $11,044 ESTIMATED I ESTIMATED ESTIMATED HOURLY RSL BENEFITS HOURLY TOTAL EMPLOYEE RATE HOURS PERCENTAGE W/BENEFITS W/BENEFITS_ Frank $30.04 50 $1,502.00 20% $300.04 $1,802.40 Harris $32.55 - 29 $943.95 20% $188.79 $1,132.74 Powley $42.12 5 $210.60 20% $42.12 $252.72 Taylor $28.85 31 $646.35 20% $129.27 $775.62 I TOTALS 115 $3,302.901 $660.22 $3,963.487771 Exhibit 2 MEMORANDUM TO: PETER JONES, ST. LUCIE COUNTY GROWTH MANAGEMENT DEPARTMENT FROM: CAROLINE VILLANUEVA, FLORIDA CONSERVANCY AND DEVELOPMENT GROUP SUBJECT: RL.SA FEES PAID TO COUNTI I Deleted: 8/W20(F DATE: CC: ERNIE COX, FAMILY LANDS REMEMBERED; KEN DELATORRE, FLORIDA CONSERVANCY AND DEVELOPMENT GROUP; PETER HARRISION, ADAMS RANCH As requested, this correspondence lists the fees paid to the County with respect to the St. Lucie County Rural Land Stewardship Area (RLSA) Overlay: o $13,200.00 was paid to the County on May 24, 2005 as application fees for the St. Lucie County Rural Land Stewardship Area comprehensive plan and land development code amendments. o $2,000.00 was paid to the County on April 23, 2007 as the application fee for the Stewardship Sending Area (SSA) Application. o $24.00 was paid to the County on April 23, 2007 as the data conversion fee for the SSA Application. o $26,331.42 was paid to the County on June 15, 2007 as the fee for an outside transportation firm to review Cloud Grove DRI Question 21 Transportation on behalf of the County. o $27,000.00 was paid to the County on June 22, 2007 as the application fee for the Stewardship Receiving Area (SRA) Application which also included $250.00 as the Concurrence Fee. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. R.A.1 Additions Date: September 11, 2007 Regular[ ] Public Hearing [X] Consent[ ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Chuck's Seafood Restaurant, Inc. - Consider Third Amendment to Lease Agreement to Increase Area of Leased Premises for Additional Parking BACKGROUND: See C.A. No. 07-1538 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Third Amendment to the Lease Agreement with Chuck's Seafood Restaurant, Inc. to provide for additional parking to the west of the existing building, and authorize the Chairman to sign the amendment. COMMISSION ACTION: [ ] APPROVED [ ] DENIED �[)I OTHER: Pulled to get additional information from the City of Fort Pierce. County Attorney: Originating Dept: Finance (Check for Copy only, if appl Coordination/SiQnatu res Mgt. & Budget Other: CONCURRENCE: Douglas M. Anderson County Administrator Purchasing: Other : INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-1538 DATE: September 5, 2007 SUBJECT: Chuck's Seafood Restaurant, Inc. - Consider Approval of Lease Amendment to Increase Area of Leased Premises for Additional Parking BACKGROUND: On July 24, 2007, the Board of County Commissioners approved proposed renovation plans for Chuck's Seafood Restaurant, Inc. The plans called for the northern portion of the building destroyed by the 2004 hurricanes to be built on the footprint of the former structure. In order to comply with the City of Fort Pierce's parking requiring, a total of forty-one (41) parking spaces will be required. The existing parking lot to the east of the building will be reconfigured to accommodate twenty-seven (27) parking spaces, including four (4) parking handicapped spaces. No additional space is available for parking on the east side of the building. Therefore, in order to meet the City's parking requirements, the additional spaces must be located on the west side of the building. The property currently under the lease west of the building is insufficient for the additional parking. Based upon discussions with City staff, Chuck's is requesting that the leased premises be enlarged to accommodate eighteen (18) additional parking spaces as indicated in the attached plan. The spaces will be paved in accordance with the City's requirements. The City will construct the driveway from Seaway Drive into the new parking area as part of the roundabout project. A proposed Third Amendment to the lease which would add the additional area is attached to this memorandum. The Amendment also provides that in the event future improvements to South Causeway Park impact the location of the additional parking, the County will provide for relocation of the parking area in the plans for the Park. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the Third Amendment to the Lease Agreement with Chuck's Seafood Restaurant, Inc. to provide for additional parking to the west of the existing building, and authorize the Chairman to sign the amendment. Respectfully submitted, Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Assistant County Administrator Outlaw Recreation and Parks Director Deputy Clerk THIRD AMENDMENT TO APRIL 21, 1998 RESTATEMENT OF LEASE AGREEMENT THIS THIRD AMENDMENT TO RESTATEMENT OF LEASE AGREEMENT made this day of , 2007, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, as "Lessor," and CHUCK'S SEAFOOD RESTAURANT, INC., a Florida corporation, Assignee of Chuck's Seafood, Inc., as "Lessee." WITNESSETH: WHEREAS, on July 16, 1991, whereby the Lessee entered into a Lease Agreement with the St. Lucie County Port and Airport Authority, hereinafter referred to as the "Authority," for certain property located at 822 Seaway Drive, Fort Pierce, Florida, hereinafter referred to as the "Premises," for the operation of a restaurant and such other uses incidental thereto; and, WHEREAS, on June 15, 1992, the parties entered into a First Amendment to the July 16, 1991 Lease Agreement to provide that during the initial ten (10) year term of the Lease Agreement the Lessor may only terminate the Lease Agreement for cause or upon determination of a public purpose; and, WHEREAS, on December 30, 1996, the Authority conveyed all right, title and interest in the Premises to St. Lucie County, subject to the terms and conditions of the July 16, 1991 Lease Agreement, as amended; and, WHEREAS, on April 21, 1998, the parties entered into a Restatement of Lease Agreement to address the matter of ad valorem taxes and further clarify the terms of the Lease Agreement, hereinafter referred to as the "Restatement"; and, WHEREAS, on January 17, 2006, the parties entered into an Assignment of Agreement 1 whereby the Lessee assigned all of its rights, duties, liabilities, and obligations under the Restatement to Chuck's Seafood Restaurant, Inc., and, WHEREAS, on October 10, 2006, the parties entered into a First Amendment to the Lease Agreement to provide for a fair market appraisal to determine the rent beginning December 1, 2006, to increase the notice period to the Lessee in the event the Lessor determines the leased premises are needed for another public purpose and clarify the requirements for Lessor approval for any improvements and the procedures for assignment by the Lessee; and, WHEREAS, on June 19, 2007, the parties entered into a Second Amendment to the Lease Agreement to extend the term through and including April 30, 2027 and delete the three optional five-year extensions in order to assist with its financing of planned renovations to the leasehold improvements; and WHEREAS, the Lessee has requested that an additional eighteen (18) parking spaces be added to accommodate current parking requirements of the City of Fort Pierce; and, WHEREAS, the County is willing to amend the Lease Agreement to amend the Lease Agreement to add the additional parking spaces. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Restatement as follows: 1. The first paragraph of the Restatement is hereby amended to read as follows: That said Lessor does hereby lease to said Lessee, the Premises located in St. Lucie County, described as follows: The building, including parking areas, located at 822 Seaway Drive, Fort Pierce, Florida, which is known as Chuck's Seafood, and more particularly reflected in the drawing attached hereto and incorporated herein as Amended Exhibit "A." 2 2. The definition of "Premises" is hereby amended to read as follow: Premises: The building and parking areas, located at 822 Seaway Drive, Fort Pierce, Florida, which is known as Chuck's Seafood. 3. Paragraph 9. LESSEE'S RESPONSIBILITIES, is hereby amended to read as follows: 9. LESSEE'S RESPONSIBILITIES: Lessee shall keep the Premises in a clean, safe and sanitary condition and shall permit no waste or injury to occur to the Premises, the fixtures thereon or the additions, alterations and improvements thereto. Lessee shall, at the termination of this Lease, by lapse of time or otherwise, deliver up the Premises to Lessor in as good condition, ordinary wear and tear excepted. Lessee shall repair and maintain in good and tenantable condition, and in compliance with all governmental requirements, the structural parts and structural floor, plumbing, and electrical fixtures of the Premises and shall keep or cause to be kept the exterior of the Premises in a clean, safe and sanitary condition. Lessee shall be responsible for the following items: A. Painting and electric lighting service for all interior and exterior areas of the Premises. B. Heating, plumbing, ventilation and air conditioning (cooling) equipment; C. Interior maintenance and exterior maintenance including, but not limited to, roof and structure; D. Janitorial service; 3 E. All maintenance including lawn maintenance. Lessee will maintain the Premises in compliance with all applicable federal, state, and municipal laws, rules, and regulations. Lessee warrants that there are no outstanding violations on the subject property as of the date of this First Amendment. In the event a notice of violation is issued against the property during the term of this Lease, the Lessee shall cure such violation within ten (10) days of the date of such notice or such other period as set forth in the notice of violation. Upon termination of this Lease, Lessor shall have the right to re-enter and resume possession of the Premises. In the event future improvements to South Causeway Island Park necessitate the alteration and/or relocation of all or part of the parking area to the west of the building, the Lessor agrees to accommodate such parking in the improvement plans. The Lessee shall be responsible for the costs of altering and/or relocating such parking. 4. All other terms and conditions of the Restatement of Lease, as previously amended, shall remain in full force and effect. [The next page is the signature page.] 4 IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to the Restatement of Lease Agreement to be executed on the day and year first written above. ATTEST: Deputy Clerk ATTEST: Secretary g:\atty\agreemnt\Iease\3a.chucks.07.doe BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney CHUCK'S SEAFOOD RESTAURANT, INC. BY: 5 President (Seal) 7 I "' !J I d� SZS'Ia goo a n 09/07/07 FZABWARR FUND TITLE 001 001167 001174 001177 001180 001182 001183 001404 001405 001418 001420 001424 001814 101 101001 101002 101003 101004 101006 101215 102 102001 105 107 '001 J02 107003 107006 107204 115 118 130 140 140001 150 160 181 183 183001 183003 183004 183006 184205 185007 185008 189201 216 262 ST. LUCIE COUNTY - BOARD WARRANT LIST #49- 01-SEP-2007 TO 07-SEP-2007 FUND SUMMARY General Fund FTA Section 5303 Grant FY 05 FHFC Disaster Relief Grant Section 112/MPO/FHWA/Planning 2006 US Dept Housing HUD Shelter Plus Gr CSBG Grant FY07 Section 112/MPO/FHWA/Planning 2007 05 CDBG Sup Disaster Recovery St Lucie Co Special Needs Shelt FDCA EMPA FY07 TDC Planning Grant 07 Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT Traffic Signal System Grant Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Sheraton Plaza Fund Paradise Park Fund SLC Public Transit MSTU Port & Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery FHFC Hurricane Housing Recovery Pla County Capital I&S Tourism Dev 4th Cant I&S Fund EXPENSES 370,356.23 34.38 17,024.00 7.84 502.62 2,928.50 484.34 132.53 731,952.50 183.36 45.83 1,316.80 106.48 48,731.85 56,819.58 71,572.86 56,900.25 17,161.94 4,544.96 5,979.60 75,126.17 2,545.23 11902.00 563,999.37 80.04 161.90 28,013.48 19,937.73 115.29 537.11 742.37 0.00 231,527.47 3,981.12 162.58 1,744.22 305.86 4,106.46 300.00 125.00 288.20 741.95 1,625.40 0.00 1,627.72 0.00 1,202.00 9,093.25 PAGE 1 PAYROLL 723,062.23 461.88 0.00 0.00 156.95 11756.49 6,471.76 4,990.94 0.00 0.00 615.78 0.00 1,391.91 46,429.43 831.06 47,610.54 32,957.12 21,034.15 0.00 0.00 84,168.08 6,283.10 0.00 137,405.46 1,049.60 2,142.66 0.00 8,166.35 1,507.10 0.00 0.00 17,974.35 13,316.37 0.00 2,221.45 3,273.44 0.00 0.00 0.00 0.00 4,051.91 0.00 0.00 2,042.00 3,638.91 1,351.71 0.00 0.00 09/07/07 FZABWARR FUND TITLE 310002 315 316 316001 317 37005 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 630 665 677 678 693 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #49- 01-SEP-2007 TO 07-SEP-2007 FUND SUMMARY Impact Fees -Parke County Building Fund County Capital Transportation Capital County Capital -St Revenue Share Bnd Navajo Avenue So MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Tax Deed Overbid Agency Fund SLC Art in Public Places Trust Fund Lost Tree Estates Fund Anita Street MSBU Fund Timberlake Estates MSBU Ideal Holding Road MSBU Westglen MSBU Bank Fund GRAND TOTAL: EXPENSES 4,972.50 11,470.06 439.00 7,305.72 384,242.70 1,508.77 54,951.22 43,712.11 135,665.02 33.22 123,032.08 125,240.06 94.45 99.19 24,418.52 7,097.84 376,271.96 9,952.09 1,888.70 665.00 6,119.04 1,500.00 2,061.10 2,628.69 11,057.75 7,316.23 10,861.53 345,599.34 4,036,982.26 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 68,649.51 22,893.51 17,381.20 3,309.75 36,945.05 30,730.82 12,718.50 14,928.30 56,407.57 5,920.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,446,247.74 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO.C201 DATE: September 11, 2007 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Harmony Heights Stormwater Improvement Harry Hagwood Tax ID 1431-801-0011-000/6 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Harmony Heights SLC Stormwater Imp. - Stormwater Management Account No. 102001-3725-561007-42507 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase for Harry Hagwood for the purchase price of $23,500.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: [9y APPROVED [ ] OTHER Approved 5-0 [xl County Attorney: 44 [x] Originating Dept: Jr`dZ, CONCURRENCE: [ ] DENIED Douglas M. Anderson County Administrator Review and Approvals [x] Engineering: ��� [x] Public Works: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 11, 2007 SUBJECT: Contract for Sale and Purchase Harmony Heights Stormwater Improvement Harry Hagwood Tax ID 1431-801-0011-000/6 BACKGROUND: St. Lucie County is planning to construct stormwater improvements to the Harmony Heights neighborhood. Mr. Hagwood's parcel is one of the properties needed for the dry retention ponds for cleansing of rainwater before entering our canals and ultimately the Indian River Lagoon. A contract was presented to Mr. Hagwood in the amount of $20,000.00. Mr. Hagwood countered the contract in the amount of $23,5000.00 which was in the range of value for his parcel according to Callaway & Price, Inc., the County's independent appraiser. RECOMMENDATION, Staff recommends the Board approve the Contract for Sale and Purchase for Harry Hagwood for the purchase price of $23,500.00, authorize the Chairman to sign the Contract and direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, -({•w q7 `'JoAnn Riley Property Acquisition Manager .... ... ..... .... . AVIENDA AVE ......._-_..I ....... .... .. --- .. .... ... . .. .. .. ..... .. .. .. .... ......... GRADY DR JUANITA AVE PROJECT NAME: Harmony Heights Stormwater Project PARCEL: Harry Hagwood Parcel # 1431-801-0011-00016 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2007, HARRY HAGWOOD, whose mailing address is 915 Northern Drive, Lake Park, FL 33403 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon theterms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Twenty -Three Thousand Five Hundred and 001100 Dollars, determined to be the total of the following: ($23.500.00� Real Property (Land) and Buildings NIA Other Improvements upon the Land (described, if any) NIA Other (describe) NIA payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. Contract is contingent on acquiring parcels to the North of this property. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release orsubordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contractshall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliverto PURCHASERa Mechanic's No -Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7'. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before September 28, 2007 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereundermavbe retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or anv other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLERwarrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closinq, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the .above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this day of , 2007. Witness l HARRY 'HAGWO Witness -kk, &, k, � e-' STATE • Iffly-owww'', ! The oregoing instrument was acknowledged before me this day of 2007, by Harry Hagwood who is personally known to me or who has produced a dZ ers license issued within the last five years as islerrtjfication. My Commission Expires — Notary public . State of Florida won Expires Jun 24, 2W9 o Comtnlsabn # OD 42WI By NB*NW NOmry Assn. EXECUTED by PURCHASER this _ ATTEST: Public (Printed, Typed or Star Name of Notary Pub day of 2007 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney EXHIBIT "A" Lot 11, Block 5, Harmony Heights, Addition Four, according to the Plat thereof, as recorded in Plat Book 9, at Page 71, of the Public Records of St. Lucie County, Florida. EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS EXHIBIT "E" POLICIES OF INSURANCE LAND APPRAISAL REPORT FIIa N. h--f Property4ddress 1431-801-0011-0006 Census Tract 9.02 LENDER DISCRETIONARY USE Sale Price S Data Mortgage Amount $ Mortgage Type Discount Points and Other Concessions Paid by Seller $ CibLFort Pierce _ County St Lucie State FL Zip code 34946 Legal Descri tion Harmony Heights No 4 Bilk 5 Lot 11 OR 2346-1471 OwnedCccu ant Harry Ha wood Mao Reference 34-40-31 Sale Price $ N/A Date of Sale N/A Property Rights Appraised !� Fee Simple ❑ Leashold ❑ Condominium (HUDNA) PUD Loan chargesherricessions to be paid by seller S N/A R.E. Taxes $ 283.78 Tax Year 2006 FICA SIMo. N/A LenderlCllent St Lucie County, Property Acquisition Division 2300 Virginia Avenue Fort Pierce FL 34982 Source LOCATION Urban X Suburban L Rural BUILT UP X❑ Over 75% ❑ 25-75% ❑ Under25% GROWTH RATE n�-, Rapid X❑ Stable ❑ Slow PROPERTY VALUES `J Increasing X❑ Stable ❑ Declining DEMANDISUPPLY ❑ Shortage 0In Balance ❑ Over Supply MARKETING TIME I Under 3 Mm. X 36 Mos. Over 6 Mos. NEIGHBORHOOD ANALYSIS Employment Stability ❑ 0 Convenience to Employment ❑X ❑ Convenience to Shopping ❑X ❑ Convenience to Schools ❑❑ Adequacy of Public Transportation X❑ Recreation Facilities ❑ X❑ Adequacy of Facilities X❑ Property Compatibility X ❑ Protection from Detrimental Cord. ❑X ❑ Police & Fire Protection ❑X ❑ General Appearance of Properties ❑X ❑ Appeal to Market X ❑ ❑ ❑ ❑ rrr��❑111 Cl (� LI ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ PRESENT LAND USE h Single Family 40°/ 24 Family 10% Multi -Family 10% Commercial 10°/ Industrial 0°/a Vacant 401/. LAND USE CHANGE Not Likely Likely ❑ In process ❑ To: PREDOMINANT SNGLEFAMLYHOUSNG OCCUPANCY Owner X❑ $(000) Tenant ❑ Vacant (0-5%) X❑ Vacant(over5%) ❑ PRICE AGE (yrs) 50 Low 10 200 High a0 Predominant 100- 20 Note: Race of the racial composition of the neighborhood are not considered reliable appraisal factors. COMMENTS The subject neighborhood is located north of Oran a Avenue, west of 25th Street, south of St. Lucie Boulevard and west of Kings Highway. Access to the subject is good via Juanita Avenue. Proximity to employment, schools, and services is considered good. Overall appeal to the market is considered good. Property values in the neighborhood are stable compared to the rapid appreciation over the past several years. As a result resales have slowed with marketing times increased to over 3 months. Typical financing is available. Dimensions 55' x 140.5' Topography Basically Level Size Typical for Area Shape Rectangular Drainage Appears Adequate View Typical Landscaping Typical Driveway None Apparent Easements Typical Utility FEMA Flood Hazard Yes' No Zone X FEMA'Mapf2one 1202860176E 06/1911991 Stakes 7,728 Sq.Ft. Comer Lot Yes Zoning Classification RS-4 Zoning Compliance Yes HIGHEST & BEST USE: Present use Vacant other use SFR UTILITIES Public Other Electricity X❑ Gas ❑ None Water ❑ Well Sanitary Sewer ❑ Septic Storm Sewer None SITE IMPROVEMENTS Type Public Private Street Stabilized Dirt X❑ ❑ Curb/Gutter None ❑ ❑ Sidewalk None ❑ ❑ Streetlights None ❑ ❑ Alle None Comments (Apparent adverse easements, encroachments, special assessments, slide areas, etc.): No adverse easements or encroachments noted. Tne unee rs,gned naa recited tnrea recent sales of Droperties melt Simi l iar antl proximate to au Elect end has consider etl these in the market analysis. The tlescri pfien includes a dollar aejuat meet, reflecting market reaction to tM1°se items sf signiricent veriell on betreen the sublecl and —Parable properties. Ii a significant item in the camp..able property is superior to, o e fav ore bid than, the s,biect propertYa minus ()adjustment is made, thus reducing the indicated slue of soblect: it a signif iaa nt llem In the comparable Is Inferior lo. or less lavora ble than, th. subject property, a plan (.) adjustment is made, thus increasing the indicated value of the sublecl. ITEMSUBJECT COMPARABLE NO. 1 COMPARABLE NO.2 COMPARABLE N0. 3 Address 0011.01431-703-0033-0005 Fort Pierce 2405-601-0176-0008 Fort Pierce 2406-502-0057-0007 Fort Pierce Proximi to511431j-801- 0.44 MILES WNW 0.41 MILES SSE 0.40 MILES WSW Sales Prce5,000 $ 19500 $ 17500 $ 17500 Pricel S u1.94 O $ 2.9410 $ 2.290 $ 3.040 Data Sourc Public Records Public Records I Public Records VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION -u AdLalment DESCRIPTION +(-IS Agostment DESCRIPTION qA Ad,. — Sales or Financing Concessions Conv li i Conv Cori Date of Sall 08/22/2005 10/02/2006 10/02/2006 09/30/2006 Location Suburban Suburban Suburban Suburban SiteR§ew Typical Typical Typical Typical 55' x 140.5' 51' x 130' 60' x 127.1' 50' x 115' Net Ad'. total X + $ 0 1XI, $ 0 1XI. is 0 Indicated Value ci Sub act Gross: 0.0 Net: 0.0 $ 2.94 Gross: 0.0 Net: 0.0 $ 229 Gross: 0.0 Net: 0.0 $ 3.04 Comments of sales Comparison: There were 23 vacant lot sales in the subject neighborhood in the past year. The sale prices range from $13 000 to $32,500 per lot or $1.58 to $3.91 per square foot. The average sale price was $2.67 per square foot. The 5 sales shown are the most comparable to the sub ect property. Sale 1 is the most recent sale but is slightly smaller .............. Comments and Conditions of Appraisal: The appraisal is made "as is", and subject to the attached limiting conditions. Final Reconciliation: The Sales Comparison Approach is considered the most reliable in appraising the Sub'ect Property. The Cost Approach and the Income Approach are not a motivation for buying vacant land in this market. I(WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE SUBJECT PROPERTY AS OF January 3, 2007 to be$ 20000 1 (We) certify: that to the best of my (our) knowledge and belief, the facts and data used herein are true and correct; that I (we) personally inspected the subject property and iinspected/allIlam/pmparable sales cited in this report; and that I (we) have no undisclosed interest, present a prospective therein. Appraisers) I A ,�A� 0 [_ euuew Appraiser I -- � �,_ X❑ Did ❑ Did Not Erie k Benjamin (if applicable) Harry D. G%y, MAI SRA Inspect Property ,—y Land ram Ml9i, RmucM'.'.1 adxee. &'O.1. Ev ,--am Callaway & Price, Inc. LAND APPRAISAL REPORT File No. haawood The undersigned has ree led T111.121, ree re ant sales pf pro P@,lies must si milt er pnd pr,xlmate !, ppbi@,t and has c zidered These in the market a,alysiz- the description inc l'J des a dui tar atl; ualmant, ellec(Ing market reac:i on [, Those Items of si gn il�cant i align between the su blec! and c myarable prp"erlie s. If a significant item in the c,mparabla property Is super)or 1, Or 11101@ f,—,bl, lil3 rl, lihe SUbi@C1 plOpel(y, a mill'Js (-) etlfUz(111@/II 19 mdtle. (hU5 redo cing the indicated -1- pl suble[1, it a signi: ican', item 'In the COTpold l e iz Illteri0! (0. cr less favorable Then, the subj- property, a plus (a) adjustment is made thus inc. e a e l ng the Indi —d - J@ pl the subjac;. ITEM SUBJECT COMPARABLE NO COMPARABLE NO.5 COMPARABLE NO.6 Address 1431-801-0011-0 Fort Pierce 2405-601-0271-0004 Fort Pierce 1431-801-CO15-0004 Fort Pierce _ Proxirnity to Sub'ect 0.47 MILES SSE 0.06 MILES NE Sales Price $ 15,000 $ 18,000 $ 17,500 $ Pncel Square Foot $ 1.94 0 $ 2.420 S 2.250 $ �. data Source Public Records Public Records VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION K-1s ai,etm@,( DESCRIPTION-AAdpslment DESCRIPTION K->s ndistme@r Sales or Financing Concessions Conv Cony Date ofSaleMme 08/22/2005 07/14/2006 02O712006 Location Suburban Suburban Suburban Site_Ni— Typical Typical Typical 55' x 140.5' 60' x 124' 55' x 141.5' Net Ad', total ! X + $ 0 X + ; $ 0 X + $ 0 Indicated Value of Subject Cross: 0.0 Net: 0.-0 $ 2.42 Gross: 0.0 Net: 0.0 $ 2.25 Gross: Net: $ Sale 2 is sliqhtly wider, but similar insquare footage. Sale 3 is a smaller lot. Sale 4 is slightly wider, but is similar insquare footage, Sale 5 is the most similar in size, but is an older sale. The subject property was estimated to be worth $2.50 per square foot or $20,000 rounded. .,ee,y ww ram,ana rmuced urry A,;� AGENDA REQUEST 7Wr NINE V�Ry A - TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. C2B DATE: September 11, 2007 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre SUBJECT: Termination of Road Contribution and Construction Agreement and Agreement for Construction and Maintenance of Pond-Lennard Road with Dybro PSL Development, LLC BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board agree to terminate the December 21, 2004 Road Contribution and Construction Agreement and the Agreement for Construction and Maintenance of Pond -Lenard Road with Dybro PSL INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07-1370 DATE: August 9, 2007 SUBJECT: Termination of Road Contribution and Construction Agreement and Agreement for Construction and Maintenance of Pond-Lennard Road with Dybra PSL Development, LLC BACKGROUND: On December 21, 2004, the County entered into a Road Contribution and Construction Agreement and an Agreement for Construction and Maintenance of Pond-Lennard Road with Dybra P51-Development, LLC. The Agreements provided for Dybra to donate certain right-of-way and a pond site needed for the construction of the Lennard Road M5BU road improvements. At the request of Dybra, the Agreements also allowed Dybra the ability to construct the Lennard Road MSBU improvements needed to provide access to their site. At the time Dybra wanted the option to accelerate the road construction schedule to match Dybra's development schedule. Due to market conditions, Dybra has decided not to construct the road and has requested that the Agreements be terminated. Dybra has previously donated the right-of-way and pond site needed to construct the M56U project. Dybra has requested that the County allow Dybra to use the fill from the pond site which is acceptable to County Public Works staff. RECOMMENDATION/CONCLUSION : Staff recommends that the Board agree to terminate the December 21, 2004 Road Contribution and Construction Agreement and the Agreement for Construction and Maintenance of Pond-Lennard Road with Dybra PSL Development, LLC. Danief S. County A D5M/caf EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT This instrument prepared by SAINT LUCIE COUNTY and 10 be returned to: FILE 1t 2564657 0223/2005 at 04:17 PM OR BOOK 2169 PAGE 1820 - 1868 Doc Type: AGR RECORDING: $418.00 Robert L. Harding, Esq. Railey & Harding, P.A. 20 North Eola Drive Orlando, Florida 32801 tl/�( ROAD CONTRIBUTIONAND CONSTR UCTIONA GREEMENT ' 0 M THIS AGREEMENT made and entered into this day of ,,,,tee 2004, by and .11 among ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"), DYBRA PSL Q DEVELOPMENT, LLC, its successors and assigns (the "Developer"). a 0 RECITALS: N WHEREAS, Developer is the owner (or contract purchaser, as the case may be) of certain property located within St. Lucie County, as more particularly described on Exhibit "A" attached hereto 0 and made a part hereof ("Developer's Property"); and 4J WHEREAS, Developer proposes to develop a portion of Developer's Property as a 150 Unit a Multi -family Project (the "Project"), as more particularly shown on the proposed site plan attached hereto o as Exhibit "B" ("Site Plan"); and 14 a WHEREAS, in order to complete the Project, it is necessary to (i) construct a portion of Prima 0 Vista Boulevard by making certain roadway and intersection improvements ("Prima Vista Boulevard a �+ Improvements"); (ii) construct a portion of Lennard Road by making certain roadway improvements 0 4J ("Lennard Road Improvements") (iii) construct a pond adjacent to Lennard Road by making certain pond < improvements ("Pond Improvements"); all of which shall be located on the property described on the >1 attached Exhibit "D" ("Limits of Construction") and (iv) provide a deed to the County for all of the road a improvements, the pond improvements and the remaining proposed roadway on the Developer's Property o as collectively shown on the' attached comprehensive Exhibit "C" ("Road Right -of -Way and Pond v Conveyance"); and, WHEREAS, the legal description of the Prima Vista Boulevard Improvements is attached as C Exhibit "C-1' ; the legal description of the Lennard Road Improvements is attached as Exhibit "C-2", and a the legal description of the Pond Improvements is attached as Exhibit "C-3". 4J v Ix WHEREAS, County is the legal entity responsible for the construction and maintenance of Prima Vista Boulevard, Lennard Road, as well as the Pond, and desires all parties to execute an agreement to ensure the construction of the Prima Vista Boulevard Improvements, Lennard Road Improvements, and Pond Improvements, and the compliance with the provisions of this Agreement. NOW, THEREFORE, for and in consideration of these premises, the mutual undertaking and conditions contained and assumed herein, the receipt and sufficiency of which are hereby acknowledged, the Developer and the County hereby covenant and agree as follows: Page 1 of 12 1. Recitals. The Recitals contained hereinabove are true and correct and are incorporated herein by reference. 2. Prima Vista Boulevard Responsibilities. a. Improvements. The Prima Vista Boulevard Improvements shall include all component parts thereof, including the dedication and/or conveyance of the land underlying same, and all other appurtenances as shown upon the approved plans for the construction of the Prima Vista Boulevard Improvements as described herein and, as indicated on the attached Exhibit "D" ("Limits of Construction"). b. Desien. County shall cause its professional engineers, registered in the State of Florida, to design the Prima Vista Boulevard Improvements. All such plans shall be subject to the approval of any agencies having jurisdiction over the design and construction of the Prima Vista Boulevard Improvements. (The plans, once approved, are hereinafter referred to as the "Prima Vista Approved Plans"). C. Construction. Developer shall construct the Prima Vista Boulevard Improvements in accordance with the Prima Vista Approved Plans utilizing a licensed general contractor. The limits of construction required by the County are shown on the attached Exhibit "D" (The "Limits of Construction") The form of the contract for construction shall be the standard AIA Contract for roadway construction. The contract will provide that the Contractor shall construct the roadway in compliance with all applicable County roadway requirements including providing a public roadway construction and maintenance bond in accordance with Section 255.05, Florida Statutes and Saint Lucie County Land Development Code. County shall have the right to inspect all of the Prima Vista Boulevard Improvements and to cause the Developer's engineer to conduct tests thereon as construction progresses to assure the County that the Prima Vista Boulevard Improvements are constructed in accordance with the Prima Vista Approved Plans and are further consistent with the criteria and specifications governing the quality and type of construction. The Developer's engineer of record shall be present at all tests pertaining to the Prima Vista Boulevard Improvements, but, if requested by County, under the observation of County's engineer or authorized inspector, County reserves the right to charge an inspection fee not to exceed 1% of the cost of the construction of the Prima Vista Boulevard Improvements. The County reserves the right to retain the services o its wn testing labora r The sts o fail ng test Thal rse to the county by Deve� �? 4 Developer shall provide County with wn en notice at least ten (10) calendar days prior to Developer's application for the building permit to construct the Prima Vista Boulevard Improvements. County shall have the right to instruct, in writing, Developer to delay construction of the Prima Vista Boulevard Improvements, and require Developer to post a construction bond in a mutually agreed upon form for the amount of said improvements. The posting of the bond pursuant to this subparagraph shall constitute Developer's compliance with this paragraph 2. Should County fail to notify Developer within said ten (10) day period, Developer shall proceed with the construction of the Prima Vista Boulevard Improvements as provided in this paragraph 2. Page 2 of 12 d. Conveyance. The Developer shall, following construction of that portion of the Prima Vista Boulevard Improvements shown on Exhibit "D" convey or dedicate the entire Road Right - of -Way as shown on Exhibit "C-1". Such conveyance shall be by General Warranty Deed in form reasonably satisfactory to the County Attorney of St. Lucie County ("County Attorney"), together with such evidence as may be reasonably requested by County Attorney that the right of way transferred to County are titled to County free and clear of all liens, encumbrances and encroachments. Such conveyance shall be made without cost to County. To the extent that any portion of the Prima Vista Boulevard Improvements are personal property, Developer shall convey such personal property to County by Bill of Sale in form reasonably satisfactory to the County Attorney, together with such evidence as may be reasonably requested by County Attorney that the right of way transferred to County are titled to County free and clear of all liens, encumbrances and encroachments. Such conveyance shall be made without cost to County. County shall accept title to the Road Right of Way as soon as all appropriate regulatory authorities, including the County Engineer, have approved of the construction of the Prima Vista Boulevard Improvements in accordance with the written criteria for road construction as established by County and, thereby, has evidenced its acceptance of such improvements for County's ownership, operation and maintenance. e. Costs. Developer shall maintain accurate cost records including all professional fees including legal, surveying, title, and engineering fees and all construction and other costs reasonably relating to this Agreement and the Prima Vista Boulevard Improvements (collectively, the "Costs"). The Costs shall be furnished to the County contemporaneously with, and as prerequisite for, the acceptance by County of the Prima Vista Boulevard Improvements. 3. Lennard Road Responsibilities. a. Improvements. The Lennard Road Improvements, as shown on the attached Exhibit "D" ("Limits of Construction") shall include all component parts thereof, including the dedication and/or conveyance of the land underlying same, and all other appurtenances as shown upon the approved plans for the construction of the Lennard Road Improvements. b. Desizn. County shall cause its professional engineers, registered in the State of Florida, to design the Lennard Road Improvements. All such plans shall be subject to the approval of any agencies having jurisdiction over the design and construction of the Lennard Road Improvements. (The plans, once approved, are hereinafter referred to as the "Lennard Road Approved Plans"). C. Construction. Developer shall construct the Lemzard Road Improvements in accordance with the Lennard Road Approved Plans utilizing a licensed general contractor. The limits of construction as required by the County are shown on the attached Exhibit "D" ("Limits of Construction"). The form of the contract for construction shall be the standard AIA Contract for roadway construction. The contract will provide that the Contractor shall construct the roadway in compliance with all applicable County roadway requirements, including providing a public roadway construction and maintenance bond in accordance with Section 255.05, Florida Statutes and the Saint Lucie County Land Page 3 of 12 Development Code. County shall have the right to inspect all of the Lennard Road Improvements and to cause the Developer's engineer to conduct tests thereon as construction progresses to assure County that the Lennard Road Improvements are constructed in accordance with the Lennard Road Approved Plans and are further consistent with the criteria and specifications governing the qualihr and type of construction. The Developer's engineer of record shall be present at all tests pertaining to the Lenard Road Improvements, but, if requested by County, under the observation of County's engineer or authorized inspector, County reserves the right to charge an inspection fee not to exceed I % of the cost of the construction of the Lennard Road Improvements. The County reserves the right to retain the services of its own to 'ng aborat ry The c s of fail'ng tests sh 4 be reimbursed to County the developer. ;a r,� �Q� �e)- t�" d. 9 Conveyance. The Developer shall, following construction of that portion of the Lennard Road Improvements shown on Exhibit "C-2" convey or dedicate the entire Road Right -of -Way shown on Exhibit "C-l" and "C-2". Such conveyance shall be by General Warranty Deed in form reasonably satisfactory to the County Attorney of St. Lucie County ("County Attorney"), together with such evidence as may be reasonably requested by County Attorney that the right of way transferred to County are titled to County free and. clear of all liens, encumbrances and encroachments: Such conveyance shall be made without cost to County. To the extent that any portion of the Lennard Road Improvements are personal property, Developer shall convey such personal property to County by Bill of Sale in form reasonably satisfactory. to the County Attorney, together with such evidence as may be reasonably requested by County Attorney that the right of way transferred to County are titled to County free and clear of all liens, encumbrances and encroachments. Such conveyance shall be made without cost to County. County shall be required to accept title to the Road Right of Way as soon as all appropriate regulatory authorities, including the County Engineer, have approved of the construction of the Lenard Road Improvements in accordance with the written criteria for road construction as established by County and, thereby, has evidenced its acceptance of such improvements for County's ownership, operation and maintenance. e. Costs. Developer shall maintain accurate cost records including all professional fees including legal, surveying, title, and engineering fees and all construction and other costs reasonably relating to this Agreement and the Lennard Road Improvements (collectively, the "Costs"). The Costs shall be furnished to the County contemporaneously with, and as prerequisite for, the acceptance by County of the Lennard Road Improvements. 4. Lennard Road Extension Responsibilities. a. Improvements. The Lennard Road Extension hmprovements, extending Lennard Road from the Southern limits of the Limits of Construction outlined in Paragraph 3 hereinabove Eastwardly to Silver Oak Drive, and as shotivn on the attached Exhibit "E" ("Lennard Road Extension Improvements") shall include all component parts thereof and all other appurtenances as shown upon the approved plans for the construction of the Lenard Road Extension Improvements. Page 4 of 12 b. Desi n. County shall cause its professional engineers, registered in the State of Florida, to design the Lennard Road Improvements. Such design shall be fully subject to the approval of the County Engineer and shall conform in all respects to the written criteria of the County governing road construction ultimately to be accepted by County for ownership, operation and maintenance. All such plans shall be subject to the approval of any agencies having jurisdiction over the design and construction of the Lennard Road Extension Improvements. (The plans, once approved, are hereinafter referred to as the "Lennard Road Approved Plans"). C. Construction. Developer shall construct the Lennard Road Extension Improvements in accordance with the Lennard Road Approved Plans utilizing a licensed general contractor in conjunction with the construction of the Lennard Road Improvements specified in Paragraph 3 hereinabove; the limits of construction as required by the County are shown on the attached Exhibit "D" ("Limits of Construction"). The form of the contract for construction shall be the standard AIA Contract for roadway construction. The contract will provide that the Contractor shall construct the roadway in compliance with all applicable County roadway requirements, including providing a public roadway construction and maintenance bond in accordance with Section 255.05, Florida Statutes and the St. Lucie County Land Development Code. County shall have the right to inspect all of the Lennard Road Extension Improvements and to cause the Developer's engineer to conduct tests thereon as construction progresses to assure County that the Lennard Road Extension Improvements are constructed in accordance with the Lennard Road Approved Plans and are further consistent with the criteria and specifications governing the quality and type of construction. The Developer's engineer of record shall be present at all tests pertaining to the Lennard Road Extension Improvements, but, if requested by z County, under the observation of County's engineer or authorized inspector, County reserves the right to charge an inspection fee not to exceed 1% of the cost of the construction of the Lennard Road Extension Improvements. The County reserves the right to retain the services of i own testingl 4orato The cost of aili g tests 1 be reimbursed to e Count3 J Y Develop M�� Ga� PXe GJ a� � °J X � d. Conveyance. To the e------ tha portio of the Lennard Road Extension Improvements are personal property, Developer shall convey such personal property to County by Bill of Sale in form reasonably satisfactory to the County Attorney, together with such evidence as may be reasonably requested by County Attorney that the right of way transferred to County are titled to County free and clear of all liens, encumbrances and encroachments. Such conveyance shall be made without cost to County. e. Acceptance. County shall be required to accept the Lennard Road Extension Improvements as soon as all appropriate regulatory authorities, including the County Engineer, have approved of the construction of the Lennard Road Extension Improvements in accordance with the written criteria for road construction as established by County and, thereby, has evidenced its acceptance of such improvements for County's ownership, operation and maintenance. f. Costs. Developer shall maintain accurate cost records including all professional fees including legal, surveying, title, and engineering fees and all construction and other costs reasonably relating to this Agreement and the Lennard Road Extension Improvements (collectively, the "Costs"). The Costs shall be fumished to the County contemporaneously with, and as prerequisite for, the acceptance by County of the Lennard Road Extension Improvements. County shall pay Developer, within Page 5 of 12 thirty (30) days of completion and acceptance of the Lennard Road Extension Improvements, all costs of said improvements. 5. Pond Responsibilities. a. Improvements. The Pond Improvements shall include all component parts thereof, including the dedication and/or conveyance of the land underlying same as shown on the attached Exhibit "D" ("Limits of Construction"), and all other appurtenances as shown upon the approved plans for the construction of the Pond Improvements. b. Design. County shall cause its professional engineers to design the Pond Improvements in accordance with all applicable regulations, standards and specifications. All such plans shall be subject to the approval of any agencies having jurisdiction over the design and construction of the Pond Improvements. (The plans, once approved, are hereinafter referred tows the "Approved Plans"). C. Construction. Developer will construct the Pond Improvements in accordance with the Pond Approved Plans utilizing a licensed general contractor. The form of the contract for construction shall be the standard AIA Contract for roadway construction. The contract will provide that the Contractor shall provide a public construction and maintenance bond in accordance with Section 255.05, Florida Statutes and the St. Lucie County Land Development Code. County shall have the right to inspect all of the Pond Improvements and to cause the Developer's engineer to conduct tests thereon as construction progresses to assure County that the Pond Improvements are constructed in accordance with the Pond Approved Plans and are further consistent with the criteria and specifications governing the quality and kind of construction. The Developer's engineer of record shall be present at all tests pertaining to the Pond Improvements, but, if requested by County, under the observation of County's engineer or authorized inspector, County reserves the right to charge an inspection fee not to exceed 1 % of the cost of the construction of the Pond Improvements. The County reserves the right to retain the services of its own testing laboratory. The cost of failing tests shall be reimbursed to the County by the Developer. In the event Developer requests changes to the Approved Plan, County reserves the right to charge Developer for the actual administrative costs of processing the County's functions in connection with any Developer requested changes to the Site & Engineering Plan provide by Bowyer, Singleton & Associates, Inc. for the construction of the Pond Improvements, including, but not limited to, cost of preparation of agreements, preliminary engineering costs, review and approval of governmental agency applications, construction/engineering plans and shop drawings, recording costs and legal preparation, review and processing costs. d. Conveyance. The Developer and shall, following construction of the Pond Improvements convey or dedicate the land underlying the Pond Improvements as shown on the attached Exhibit "C-3". Such conveyance shall be by General Warranty Deed in form reasonably satisfactory to the County Attorney of St. Lucie County ("County Attorney"), together with such evidence as may be reasonably requested by County Attorney that the right of way transferred to County are titled to County free and clear of all liens, encumbrances and encroachments. Such conveyance shall be made without cost to County. Page 6 of 12 To the extent that any portion of the Pond Improvements are personal property, Developer shall convey such personal property to County by Bill of Sale in form reasonably satisfactory to the County Attorney, together with such evidence as may be reasonably requested by County Attorney that the right of way transferred to County are titled to County free and clear of all liens, encumbrances and encroachments. Such conveyance shall be made without cost to County. County shall be required to accept title to the Pond Improvements as soon as all appropriate regulatory authorities, including the County Engineer, have approved of the construction of the Pond Improvements in accordance with the written criteria for pond construction as established by County and, thereby, has evidenced its acceptance of such improvements for County's ownership, operation and maintenance. e. Costs. Developer shall maintain accurate cost records including all professional fees including legal, surveying, title, and engineering fees and all construction and other costs reasonably relating to this Agreement and the Pond Improvements (collectively, the "Costs"). The Costs shall be furnished to the County contemporaneously with, and as prerequisite for, the acceptance by County of the Pond Improvements. f. Joint Pond Use Agreement. Within sixty (60) days of the execution of this Agreement, the parties hereto shall enter into a Joint Pond Use Agreement upon terms and conditions which are acceptable to all parties hereto. The Joint Pond Use Agreement shall provide for the mutual utilization of the Pond as part of the master stormwater retention system for the Project, as well as the stonnwater retention system for the various roadway improvements described in this Agreement. g. Option to Seek Modification to Permits. Developer has expressed an interest in obtaining additional fill dirt from the excavation of the Pond. Developer shall have the right to apply for a modification of the South Florida Water Management District Permit issued to the County with respect to the roadway improvements and Pond excavation on the Property to modify said Permit for the purpose of additional fill removal from the Pond areas. Developer shall be required to provide County with copies of all proposed submittals with respect to this paragraph and obtain County's prior approval, which approval shall not be unreasonably withheld. Further, Developer shall be responsible for all costs associated with the matters described in this paragraph, including, without limitation, costs inherent in the modification of the Permit, excavation costs, and any mitigation costs associated therewith. 6. Reimbursement of Costs. The County anticipates the creation of a Municipal Service Benefit Unit ("MSBU") to be created which will include the Prima Vista Boulevard Improvements, Kennard Road Improvements, and Pond Improvements. It is further anticipated that the Developer Property will be included in the MSBU. Pursuant to the structure of the MSBU, the County would issue special assessment bonds supported by the pledge of special assessment revenues collected from the owners of property within the MSBU. Upon receipt by the County of the proceeds from the special assessment bond issuance under such MSBU created for the purposes stated herein, the costs will be reimbursed to the Developer, its successors or assigns; or at the option of the Developer, the County shall issue road impact fee credits for up to the full cost to be reimbursed to Developer. Page 7 of 12 7. Refundable Advances. To the extent that the parties hereto (other than the County) are entitled to a reimbursement of costs, and the same are not credited, to the extent of the Reimbursement Shortfall, such parties shall be entitled to a contingent refund of such sums based upon the future utilization of the Prima Vista Boulevard Improvements and Lennard Road Improvements by persons, firms or corporations owning and developing properties located on Prima Vista and Lennard Road and constructed in accordance with this Agreement ("Future Users"). The County and Developer shall execute a Reimbursement Agreement providing that the Developer shall, to the extent of the Reimbursement Shortfall, be paid the road impact fees paid by all Future Users. The term of this obligation shall be limited to ten (10) years after the date of conveyance of the Prima Vista Boulevard Improvements to the County. 8. Notice. Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, by mail or by telefax and, if to the Developer, shall be mailed .to Developer at: As to Developer: DYBRA PSL DEVELOPMENT, LLC c/o Richard A. Dye 2300 Lee Road Winter Park, FL 32789 Telephone: (40.7) 644-0200 Telecopy: (407) 647-0288 With a copy to: Robert L. Harding, Esq. Railey & Harding, P.A. 20 North Eola Drive Orlando, Florida 32801 Telephone: (407) 648-9119 As to the County: St. Lucie County c/o County Attorney's Office Attn: Dan McIntyre 2300 Virginia Avenue Fort Pierce, FL 34982 Telecopy: (772) 462-1440 c/o Deputy Clerk's Office Telecopy: (407) 648-8049 9. Recordation of Agreement. This Agreement shall be recorded at Developer's expense in the Public Records of St. Lucie County, Florida. 10. Remedies. In the event of a default hereunder, the non -defaulting party shall have all remedies at law or equity, including the remedy of specific performance. In the event of any litigation relating to this Agreement, the prevailing party shall be entitled to recover all expenses and costs Page 8 of 12 incurred, including reasonable attorney's fees and paraprofessional fees, including, but not limited to, appeals, bankruptcy and collection. 11. Time Of Essence. Time is of the essence with respect to each provision of this Agreement which requires that action be taken by other party within the stated time period, or upon a specified date. 12. Venue. The venue of any litigation arising out of this Agreement shall be St. Lucie County, Florida. All parties waive trial by jury. 13. Headings. The headings contained in this Agreement are for convenience of reference only, and do not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 14. Pronouns. In this Agreement, the use of any gender will be deemed to include all genders, and the use of the singular will include the plural, wherever it appears appropriate from the context. 15. Waivers. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, will not affect the right of that party to require performance of that provision or to exercise any right, power or remedy, and any waiver by any party of any breach of any provision of this Agreement should not be construed as waiver of any continuing or succeeding breach of provisions, a waiver of the provision itself, or a waiver of any right, power or remedy under this agreement. No notice to or demand on any party in any case will, of itself, entitle a party to any other or further notice or demand in similar or other circumstances. 16. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 18. Construction. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. 19. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior agreements or understandings made in connection with the subject matter. No modification or amendment of this Agreement shall be binding upon the parties unless the same is in writing and signed by the party to be bound. Page 9 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Signed, sealed and delivered oz in the presence of: Attest: C GA NSA Name ,_ ss emu. itness Print Name DO� M N W - Witness Print Name ST LUCIE COUNTY, a political Subdivision of the State af•;F1'oridl Approved as By: Print N DYBRA PSL DEVEY Q% NT, L'LC, a Florida limited liability any By: BEL-AIRE DEVELOPMENT GROUP, INC., Xs)Managipg)N4ember By:_ Jay Group, Inc. of Bel -Aire STATE OF FLORIDA COUNTY OF The foregoin instrument acknowledged before me thiA / day of , 2004, by of ST. LUCIE COUNTY. Said person is (check one) personally known to me, or o produced a drivers license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to -wit: Notary Public, State of Print Name: Commission No.: My Commission Expisf Page 10 of 12 s�e A: FG�dr/��rrr � 1SSIo • �o '} POD041992 o: ry��GBII IH111N1�o\4�`A STATE OF FLORIDA , COUNTY OFef 46Lt� The foregoing instrument was acknowledged before me thisz?)!" day of OU 2004, by Jay Alpert as Vice -President of Bel -Aire Development Group, Inc. the Managing Member of DYBRA PSL DEVELOPMENT, LLC. Said person is (check one)Vpersonally known to me, or ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to -wit: .LOURDES M. 574 ANC CommM DD0245/3f ctiv'`r°✓'s� E�iros P/1/1007 s Bonded thm (WO)4324254= i� fl�r Florida Notary Assn. ku N...NN.......N.......NN......N. otary Public, State of Florida Print Name: Lo"Ct's M Commission No.: Ap U 2,6{ 6 l!�, 1 My Commission Expires: q I o Page 11 of 12 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C-2.0 DATE: Septemberll, 2007 REGULAR[] PUBLIC HEARING f ] CONSENT [X] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: St. Lucie County International Airport Runway 9L/27R- Revised South Florida Water Management District Conservation Easement to add U.S. Fish and Wildlife Service BACKGROUND: See CA No. 07-1504 FUNDS AVAILABLE: N/A PREVIOUS ACTION: On August 7, 2007, the Board approved aDeed of Conservation Easement for South Florida Water Management District as part of the permit for the St. Lucie County International Airport Runway 9L/27R. RECOMMENDATION CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Deed of Conservation Easement to the South Florida Water Management District and authorize the Chairman to sign the document, subject to approval by the Federal Aviation Administration. COMMISSION ACTION: CONCURRENCE: [)% APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [X] County Attorney: A-- [ ]Management & Douglas M. Anderson County Administrator Review and Approvals ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-1504 DATE: August 28, 2007, 2007 SUBJECT: St. Lucie County International Airport Runway 9L/27R - Revised South Florida Water Management District Conservation Easement to add U.S. Fish and Wildlife Service BACKGROUND: In conjunction with the construction of Runway 9L/27R at the St. Lucie County International Airport, the County is required to obtain a permit from the South Florida Water Management District. One of the conditions of that permit is the conveyance of a conservation easement to the District over approximately 120.12 acres at the airport. On August 7, 2007, the Board approved the proposed Deed of Conservation Easement to the District. The U.S. Fish and Wildlife Service has since determined its permit will also require a conservation easement and has requested to be added to the Deed of Conservation Easement as a co -grantee with the District. Attached to this memorandum is a copy of the revised Deed of Conservation Easement. The document will only be recorded upon receipt of the permits. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the revised Deed of Conservation Easement to the South Florida Water Management District and the U.S. Fish and Wildlife Service, and authorize the Chairman to sign the document, subject to approval by the Federal Aviation Administration. Respectfully submitted, %__nxL Heather You g Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director Environmental Resources Director Property Acquisitions Manager Deputy Clerk Will be recorded upon receipt of the permit DEED OF CONSERVATION EASEMENT Return recorded document to: South Florida Water Management District 3301 Gun Club Road, MSC 4210 West Palm Beach, FL 33406 THIS DEED OF CONSERVATION EASEMENT is given this 7th day of August , 2007, by St. Lucie County, a political subdivision of the State of Florida whose mailing address is 2300 Virginia Avenue, Fort Pierce, FI 34982 to the South Florida Water Management District and the US FishI I e ervice ("Grantees"). As used -herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term "Grantees" shall include any successor or assignee of the Grantees. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in St. Lucie County, Florida, and more specifically described in Exhibit "A" attached hereto and Incorporated herein ("Property's; and WHEREAS. the Grantor desires to construct SLCIA Runway 9U2715 ("Project") at a site in St. Lucie County, which is subject to the regulatory jurisdiction of South Florida Water Management District ('District'); and WHEREAS, District Permit No. 061120-15 ("Permit") authorizes certain activities which affect waters in or of the State of Florida; and sfwmc gw Form 1190 (01/2007 Dead of Conservation- Standard Page 1 of 8 WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and/or uplands under the District's jurisdiction; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantees a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the area described on Exhibit "B" ("Conservation Easement!). NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantees in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantees upon the property described on Exhibit "B" which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and' correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantees by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, or other activities described herein that are permitted or required by the Permit, the following activities are prohibited in or on the Conservation Easement: Sfwmd.gov Form 1190 (01/2007) Deed of Conservallon Easement- Standard Page 2 of 8 a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementionedretention of land or water areas; h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or culturalsignificance. 4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement. 5. No Dedication. No right of access by the general public to any portion of the Property is conveyed` by this Conservation Easement. 6. Grantees' Liability. Grantees shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 7. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantees may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantees for the amount paid by the Grantees, together with Grantees' reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantees, the debt owed to Grantees shall constitute a lien against the Easement Parcel which shall automatically relate back to the recording date of this Sfwmd.gov Form 1190 (0112007) Deed of Conservation Easement - Standard Page 3 of 8 11 Easement. Grantees may foreclose this lien on the Easement Parcel in the manner provided for mortgages on real property. 8. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantees, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantees' rights hereunder. 9. Assignment. Grantees will hold this Conservation Easement exclusively for conservation purposes. Grantees will not assign Its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 10. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall notbeaffected thereby, as long as the purpose of the Conservation Easement is preserved. 11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests Itself of any interest in the Conservation Easement. 12. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in -interest. 13. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -In -interest, which shall be filed in the public records in St. Lucie County. TO HAVE AND TO HOLD unto Grantees forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantees that Grantor is lawfully seized of said Property in fee simple; that the Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement and all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey` this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. ffwmd.gov Form 1190 (01/2007) Deed of Conservation Easement - Standard Page 4 of 8 IN WITNESS WHEREOF, (Grantor) has hereunto set its authorized hand this ,20 a Florida corporation By: Name: Title: (Signature) Signed, sealed and delivered in our presence as witnesses: By: (Signature) Name: not STATE OF FLORIDA ss: COUNTY OF ��— �IJ�C l F By: (Signature) Name: nn day of On this day of 20 before me, the undersigned notary public, personally appeared subscribed to the foregoing instrument, as the the person who (title), of a Florida corporation, and acknowledged that he/she executed the same( anrporabehalf of said corporation and the he/she was duly authorized to do so. He/She is personally known to me or has produced a driver's license as identification. (state) IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (Slgnature) Name: My Commission Expires: Form 1190 (01/2007) Deed of conservation Easement - Standard Page 5 of a r (\ — MORTGAGEE JOINDER, CONSENT AND SUBORDINATION For Ten Dollars ($10.00) and other good and valuable consideration, the icy and receipt of which are hereby acknowledged, the own and holder of a mortgage dated _ in the on a! principal amount of $ by ("Grantor") to ("Mortgagee"), en mbering the real properl ("Property"), w is recorded (together with that Book in Official Records Book at Page __ scribed on Exhibit in Official at page iment of Leases and Rents re rded in Official Records at Page those certain UCC-1 Pi neina Statement(s) recorded mortgage,assignment of leases a modified, are hereinafter referred to as subordinates the lien of its Mortgage, amended and assigned from time to t executed by in favor of the South Florida Water Man ep' hereto Book all of the Public Records of County, Florida (said ts, Oand UCC-1 Financing Statements, as I+rrtaage" ), hereby joins in, consents to and It has been, and as it may be, modified, to the foregoing Conservation Easement, Easement, as said Conservation asement from time to time, with the inte that the Mc the Conservation Easement. District applicable to the Conservation - i be modified, amended and assigned' 3g shall be subject and subordinate to IN WITNESS WHErOF, this Mortgagee Joind l made this day 20 (Signature) Name: Title: By: By: (Signature) Name: —(Print) Consent and Subordination is Form 1190 (01/2007) Deed of Conservation Easement - Standard Page 6 of 8 P)e STATE OF FLORIDA COUNTY OF Th foregoing instrument was acknowledged before me this day of 20% (print n me), as (title) of (Grantor of Mortgagej, on behalfthe (Mortgagee, Grantor of the Cot. ewation Easement). He/She is personally kr n to me or has produced a___ (state) driver's lic se as identification. IN WITNESS WHEREOF-, hereunto set my hand and official�eai: NOTARY PUBLIC, STATE OF Name: My Commission Expires: n3d- Form 1190 (01/2007) Deed of Conservation Easement - Standard Page 7 of 8 EXHIBIT A [DESCRIPTION OF PROPERTY] Form 1190 (Of 12007) Deed of Conservation Easement -Standard Page 8 of 8 SKETCH TO AGICIDNPANr LEGAL dESCRIPTXM ST. WC.TE AIRPORT SECTIONS 20 & 29 TOIVNSNIP 34 SOUTH, R WE Oki EAST NOTE I. THIS IS NOT A SURVEY. 2. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. BEARING N89045'06'W $ NORTH LINE OF THE S 112 OF SECTION 20, TOWNSHIP 34 SOUTH, RANGE 40 EAST S89°23'08•E 7 S89°23108'E 1951.00' N41 0291091E 299.52' N15°59'1 T'E 11.0.36' N06011'101W 287.68, S8T°39'96'M 389.54' NJ9Al2'46'E.�_ A N53634'09•W NORTH LINE OF SECTION 29, TOWNSHIP 34 SOUTH, RANGE 40 EAST 482 r No.1B 29 S139041451E 101 S23022'091E 57.14, N89' ' 8'W P.O. & A M°a'qOna•W I'vta ni. a N. v •n H �S\W c+ Q rim w vwi � v~i --S00004761W 9 g v v e �yW 3 0 la C "D o .�{+�r` CS-1-. a O VS23"22'09'E 31.09, 501012'22'W 196.54' Late gvlsia Job Not N/A F.B,r N/A Drawn By. PAW 0d. By, a' Shoot —! of — 2 LEGAL DE,SCRIPTZ0# 7V AM/PANY SKETCH ST. LUCZE APRPORT SECTIONS 20 & 29 TOWNSHIP 34 SOUTH, RANGE 4L7 EAST LEGAL DESCRIPTION A portion of Sections 20 and 29, Township 34 South, Range 40-East, St. Luote Coilnty, Vloeda,-being roof a pprt`Id&larly doebe id.as follows: Commende at thlb •Northeast corkher of .adtd Section 2g;_thence S.23*22109'E. along the North Itne:nf so Seo'tid 2J, for 3f.09 �'�tlt to the Po`Irtt of 8edining; thence deporting gd1a;•NortD; line ,;0h 5.01"•-2'22'W. for 196:54- feet to a pof if an a Iine lying 225 feet Soh of aid pbrdl'lel Wfh adid North 11ne of Section 29; thence N.89045'08'W. along sold parallel line for 1,359:01 feet; thence N.25023130'W. for 249.57 feet to a point on gold North line; thence continue N.250231301W. for 853.50 feet; thence 9.536341094W. for 52.20 feet; thence N.22038106'W. for 293.62 feet; thence N 26°30'47% for 492.83 feet; thence N.1.8056'31'!(. for 351.35 feet; thence NO 9012'46'E. for 99.89 feet; thence N.060 I I' 10'W. for 287.68 feet; thence N.15659117`E. for 110.36 feet; thence N.41°29'09'E. fpr 299.52 feet to a point on o line lying 100_feet South of and parallel with the North One of the South half of aforeaald Section 20; thence S89023108'E. along sold parallel line for 1,951.00 feet; thence S.270311351E. for 524.65 feet to a point on the East line of acid Section 20; thence S.000Q4't6'W along spld East line for 98.53 feet; thee departiny..sai� 6dt Ging rUh 8.970•39146}Mf,: 14r. 389 54 feet; thence S:P7P 29!5A"E.• for 6125.¢S et; 'tbriCe 5,05° 4' ": for .5.;j9A. 3 feet; thefiCb S.000221961E. for' b04.0i fe - llibnod S.13•�4''4� E. for'lbi.64 feet; thence S.230•221091E. for 57.i4 feet to the Point of Sao Inning. Containing 120.i2 acres, more or lase. Read CivSfoad ; e No.!B 24 Sheet 1 of _ .� AGENDA REQUEST ITEM NO. -?,Q DATE: September 11, 2007 REGULAR [XI PUBLIC HEARING[ ] CONSENT[ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 07-213 - Proclaiming the Fourth Monday in September, 2007, (September 24, 2007) as "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" in St. Lucie County, Florida. BACKGROUND: Mr. Joseph A. Calif ano, Jr., Chairman and President of the National Center on Addiction and Substance Abuse (CASA) at Columbia University, has requested that this Board proclaim the Fourth Monday in September, 2007 (September 24, 2007) as Family Day - A Day To Eat Dinner With Your Children in St. Lucie County, Florida. The attached Resolution No. 07-213 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 07-213 as drafted. COMMISSION ACTION: [X APPROVED [ ] DENIED [ ] OTHER: APprOVed 5-0 CONCURRENCE: Douglas Anderson County Administrator Review and Approvals County Attorney: 6'" Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable) _ Purchasing Other: Eff. 5/96 t. RESOLUTION NO. 07-213 A RESOLUTION PROCLAIMING THE FOURTH MONDAY IN SEPTEMBER, 2007, (SEPTEMBER 24, 2007) AS "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children. 2. Twelve of the surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs. 3. Teenagers who eat dinner with their families two times a week or less are twice as likely to drink alcohol and smoke cigarettes, compared to teens who have frequent family dinners. 4. Teenagers who eat dinner with their families are half as likely to smoke cigarettes, smoke marijuana and drink alcohol. 5. The correlation between family dinners and reduced risk for teen substance abuse are well documented. 6. Parental engagement is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers. 7. Family dinners have long constituted a substantial pillar of family life in America. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the fourth Monday in September, 2007, (September 24, 2007) as "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to recognize and participate in this worthwhile observance. 3. The County Administrator is hereby directed to forward a copy of this resolution to Mr. Joseph A. Califano, Jr., Chairman and President of the National Center on Addiction and Substance Abuse (CASA) at Columbia University, 633 Third Avenue, 19`h Floor, New York, N.Y. 10017. PASSED AND DULY ADOPTED this 11th day of September, 2007. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 0 A From: "Stefanie Pugliese" <SPugliese@casacolumbia.org> To: "Stefanie Pugliese" <SPugliese@casacolumbia.org> Date: 4/11/2007 12:14 PM Subject: FAMILY DAY PROCLAMATION REQUEST Attachments: FD 2007 sample proclamation.DOC; FD 2007 County sample press release.doc; F D 2007 examples of Government Activities.doc Dear County Executive: In 2006, you joined the President, 48 governors and the mayors and executives of more than 600 cities and counties across the nation in proclaiming Family Day - A Day to Eat Dinner with Your ChildrenTM. We are again asking you to issue a proclamation designating the fourth Monday in September, September 24th in 2007, as Family Day - A Day to Eat Dinner with Your ChildrenTM. As you know, The National Center on Addiction and Substance Abuse (CASA) at Columbia University launched Family Day in 2001 after CASA's research consistently found that the more often children eat dinner with their parents, the less likely they are to smoke, drink or use illegal drugs. Last year, millions of Americans celebrated Family Day as well as scores of schools, community and nonprofit groups and religious organizations nationwide. In addition to issuing a proclamation, we hope you will consider holding Family Day events and celebrations in your county. There are many ways to celebrate Family Day. For example, last year one county hosted a large Family Day picnic in their local park with live entertainment, raffles and giveaways. Another county held a countywide drawing contest to promote Family Day. A sample proclamation is pasted below and attached for your reference. Please send a copy of this year's proclamation to CASA Family Day, 633 Third Avenue, 19th Floor, New York, NY 10017. For more information about Family Day, please see the attached examples of government activities and sample press release or visit www.CASAFamilyDay.org <blocked::http://www.CASAFamilyDay.org>. If you have any questions, please contact Nancy Gavilanes, CASA's Family Day Communications Specialist, at 212-841-5308 or ngavilanes@casacolumbia.org <blocked::mailto:ngavilanes@casacolumbia.org> . Thank you for your continued support. Sincerely, Joseph A. Califano, Jr. Draft Proclamation WHEREAS the use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children; WHEREAS 12 years of surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner 41l8/2007) Miss 3tiadle -FAMILY DAY PROCLAMATION REQUEST Page 2 _.. with their families the less likely they are to smoke, drink and use illegal drugs; WHEREAS teenagers who eat dinner with their families two times a week or less are twice as likely to drink alcohol and smoke cigarettes, compared to teens who have frequent family dinners; WHEREAS teenagers who eat dinner with their families are half as likely to smoke cigarettes, smoke marijuana and drink alcohol; WHEREAS the correlation between family dinners and reduced risk for teen substance abuse are well documented; WHEREAS parental engagement is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers; WHEREAS family dinners have long constituted a substantial pillar of family life in America: Now, therefore, I, [NAME], [TITLE], do hereby proclaim the fourth Monday in September as Family Day - A Day to Eat Dinner With Your ChildrenTM and urge all citizens to recognize and participate in its observance Stefanie Pugliese The National Center on Addiction and Substance Abuse at Columbia University 633 Third Avenue, 19th Floor New York, NY 10017 (212)841-5238 spugliese@casacolumbia.org <mailto:spugliese@casacolumbia.org> (4/18/2007 Missy Stiadle FD 2007 sample proclamation DOC � Page 1 Draft Proclamation WHEREAS the use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children; WHEREAS 12 years of surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs; WHEREAS teenagers who eat dinner with their families two times a week or less are twice as likely to drink alcohol and smoke cigarettes, compared to teens who have frequent family dinners; WHEREAS teenagers who eat dinner with their families are half as likely to smoke cigarettes, smoke marijuana and drink alcohol; WHEREAS the correlation between family dinners and reduced risk for teen substance abuse are well documented; WHEREAS parental engagement is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers; WHEREAS family dinners have long constituted a substantial pillar of family life in America: Now, therefore, I, [NAME], [TITLE], do hereby proclaim the fourth Monday in September as Family Day — A Day to Eat Dinner With Your Children" and urge all citizens to recognize and participate in its observance. (4J18/2007] Miss Stiadle FD 2007County,sam le ress release.doc Parle1a Sample Press Release Contact: [INSERT CONTACT PERSON] FOR IMMEDIATE RELEASE September XX, 2007 [INSERT COUNTY OFFICIAL'S NAME] JOINS CASH* IN CELEBRATING FAMILY DAY- A DAY TO EAT DINNER WITH YOUR CHILDREN - TO HELP PREVENT SUBSTANCE ABUSE AMONG CHILDREN AND TEENS [INSERT DATELINE] — [INSERT COUNTY OFFICIAL'S NAME] is joining forces with The National Center on Addiction and Substance Abuse (CASA) at Columbia University to celebrate the seventh annual Family Day — A Day to Eat Dinner with Your Children TMon September 24, 2007. Launched by CASA in 2001, Family Day is a national movement to prevent substance abuse in children and teens by encouraging parental engagement and increased parent -child communication through the simple act of having family dinners together frequently. CASA's research consistently shows that the more often children eat dinner with their families, the less likely they are to smoke, drink or use drugs. Family Day helps remind busy families of the invaluable role that parental involvement plays in steering children and teens away from cigarettes, drugs and alcohol. (INSERT QUOTE FROM COUNTY OFFICIAL URGING PARENTS TO MAKE FAMILY MEALS, AND THE CONVERSATIONS THAT GO WITH THEM, AN EVERY DAY OCCURENCE]" "America's drug problem is not going to be solved in courtrooms or legislative hearing rooms by judges and politicians. It will be solved in living rooms and dining rooms and across kitchen tables — by parents and families," says Joseph A. Califano, Jr., CASA's chairman and president and the former U.S. Secretary of Health, Education and Welfare. "Family dinners and the communication that occurs over the course of a meal are critical in building a relationship with your children and to understanding the world in which they live. Parents, what your kids really want at the dinner table is you!" (INSERT INFORMATION ABOUT YOUR COUNTY'S FAMILYDAYACTIVITES, IFANY] According to CASA's report The Importance of Family Dinners Ill, compared to kids who have fewer than three family dinners per week, children and teens who have frequent family dinners are at 70 percent lower risk for substance abuse; half as likely to try cigarettes or marijuana; one third less likely to try alcohol and half as likely to get drunk monthly; and almost 40 percent likelier to say future drug use will never happen. The report also found that teens who have frequent family dinners are likelier to get better grades in school and are likelier to have parents who take responsibility for teen drug use. [INSERT COUNTY OFFICIAL'S NAME] is committed to strengthening families and believes that celebrating Family Day is an important first step in helping to provide a substance free youth for America's children and teens. For additional information about Family Day, visit www.CASAFamilvDay.org. *The National Center on Addiction and Substance Abuse at Columbia University is neither affiliated with, nor sponsored by, the National Court Appointed Special Advocate Association (also known as "CASA") or any of its member organizations, or any other organizations with the name of "CASA". (4Ji 007) Missy Stiadle- FD 2007 examples of Government Activities.doo Pa e 1 fi $U d1k THE NATIONAL CENTER ON ADNCTION AND 11 BBiANOE A— AT C--A UN-R— dam i ly 'Day A dal f0 caf didncv with ciDur chi�dr�ll" How State and Local Governments Celebrated Family Day 2006 FAMIL Y DA Y 2006 PROCLAMATIONS ISSUED BY: • The President of the United States. • Governors of 48 states. • Mayors and executives of more than 600 cities and counties. FLORIDA The State of Florida: • Held a Family Day event in the Capitol courtyard. • Governor Jeb Bush, First Lady Columba Bush and Office of Drug Control Director Bill Janes spoke about the importance of family dinners. The audience consisted of elementary school students and reporters. • Florida's Office of Drug Control encouraged people to sign an online pledge to eat as a family on Family Day in partnership with the Florida Department of Children and Families, who aired radio commercials and posted billboards throughout the month of September that emphasized the importance of family communication. • Created Family Day brochures in English and Spanish and Family Day flyers. • Created a Web site that included information about Family Day. • Florida's Department of Elder Affairs issued a news release about joining the Florida Office of Drug Control to encourage families to dine together with grandparents on Family Day. ALABAMA • Governor Bob Riley issued a press release about Family Day. ARIZONA • Mayor Hugh Hallman of Tempe and Mayor Keno Hawker of Mesa were guest speakers at a Safeway Family Day event in Phoenix. (4f 18/2007 Missy Stiadle - FD 2007 examples of Government Activities.doc Pa e 2 gA�pTHE NATONIL CETREw ox Aowcnow A110 ,1111111 $UBETAIKE A&!6C AT COWMEIA IINIVERERY FamilyDay A Jai fo cat droner M% rr hi�dran" CALIFORNIA • First Lady Maria Shriver was a guest speaker at a Safeway Family Day event in Los Angeles. • Mayor Leland Wilson of the City of Fullerton issued a news release and urged residents to support the "Seven Family Dining Do's," which include starting a pattern of family dinners when kids are young and turning off the TV while eating. COLORADO • Mayor John Hickenlooper of Denver spoke at a Safeway Family Day event in Denver. NORTH CAROLINA Catawba County: • Mayor Robert Mullinax of Newton provided the opening remarks to an audience of 700 people at the county's first annual Family Day event, which featured: o A big picnic in a city park with live entertainment. o More than 20 healthy lifestyle exhibitors. o A health walk. o Free healthy dinners for all attendees. o A raffle and great giveaways including T-shirts, picnic blankets and goodie bags filled with coupons for great family food and entertainment and information about healthy habits. NORTH DAKOTA • Governor John Hoeven issued a press release about Family Day. OREGON • First Lady Mary Oberst was a guest speaker at a Safeway Family Day event in Portland. Clackamas County: • Held a Family Day event titled "Eat Together!, Play Together!, Be Together!" 2 (4/1812007) Miss Stiadle FD 2007 examples of Government Activities.doc Page 3' GASB.TXE NATONRL CEN ER OX AD -ON AND SDEETANOE ABUSE AT COLUNBII UNHIEEER Fam i ly Day k dal +o &a+ dinnar wiffl 1"K c hildrai' • Launched a county -wide awareness initiative around Family Day. • Created a Family Day drawing contest which included: ■ Issuing a press release announcing the contest and initiative to all local and regional media outlets. ■ Publishing a drawing contest form and information on Family Day in the Clackamas Review. ■ Highlighting drawing contest winners in a cookbook containing recipes from county employees, committee members and their families. Columbia County: • Ordered Family Day posters and brochures for distribution throughout their schools. • Celebrated their third Family Day with a literacy that encouraged families to eat and read together. • Distributed "Family Bags" to low-income families that included children's books, cookbooks, toothbrushes and other items to support healthy activities. TEXAS • First Lady Anita Perry spoke at a Safeway Family Day event in Austin. VIRGINIA Newport News: • Broadcasted information on Newport News City Channel 48 through a community bulletin board that maintained a constant scroll when no regular programming was scheduled. City Channel 48 has a potential viewership of 51,000. • Distributed Family Day information to all city departments that included flyers, brochures and posters. • Distributed Family Day flyers during community events such as Back to School and Parent Nights. • Sent Family Day information to all city employees for distribution in public libraries. • The Newport News public schools placed information on their marquees regarding Family Day and distributed Family Day information to each school for inclusion in their newsletters. • Distributed more than 1,000 inserts about Family Day to churches for inclusion in their Sunday church bulletins. (411812007) Missy Stiadle - FD 2007 examples of Government Activities.doc Pa e 4 �._ THE NAnaNAL. CENIEIi a AuOC N ANo 111111 {EEI��'1 SUBSTANCE ABVEE AT COLUMBIA UWEPERV I Family Day A dal to cat dinner with lour &hildr6C • Provided information to two local grocery stores to post on their bulletin boards and to distribute. • Ordered Family Day brochures and posters. WYOMING • Governor Dave Freudenthal issued a press release about Family Day. For more information about Family Day — A Day to Eat Dinner with Your Children", please visit www.CASAFamilyDay.org. CELEBRATE FAMILY DAY —A DAY TO EATDLMVER MITH YOUR CHILDREN'`' ON SErrEMBER 24, 2007 4 (4� 118/200T) Miss Stiadle -_Fwd FAMILY DAY PROCLAMATION REQUEST Pa e 1 From: To: Date: Subject: Attachments: F.Y.I. Charline Burgess Craft, Chris; O'Donnell, Eva 4/11/2007 1:39 PM Fwd: FAMILY DAY PROCLAMATION REQUEST FAMILY DAY PROCLAMATION REQUEST AGENDA REQUEST MuNTY F L Q R I V A ITEM: # C-3A DATE: 9/11 /07 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Wayne Teegardin Risk Manager SUBMITTED BY (DEPT): Human Resources / Risk Management SUBJECT: Property Damage Releases — Water Intrusion Due To Roof Leak, Morningside Library & Sheriff Office Administration. BACKGROUND: On March 16, 2007 and again on March 19, 2007 water leaked into the interior of Morningside Library and Sheriff Administration Building during a heavy storm event. A roof replacement project was being performed at the time the leaks occurred. GENERAL NOTES: Repairs to water damaged interior surfaces and fixtures has been completed and insurance from the roofing contractorwill completely cover County costs. A Property Damage Release is required for each location. FUNDS AVAILABLE: N/A — Insurance recovery 100% ($9,517.59). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board sign Property Damage Releases. COMMISSION ACTION: CONCURRENCE: [�4 APPROVED [ ] DENIED (] OTHER: Douglas M. Anderson Approved 5-O County Administrator L Review and Approvals i County Attorney: Management & Budget:Purchasing . Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)_ u i PAGE ©2/�72 BB114r'2©07 0?:57 954'r72?365 PROPERTY DAMAGE RELEASE KNOW ALL BY THESE PRESENTS: That the Undersigned, being of lawful age, for sole consideration of _ r, --Tr, <-"r _ 03 j— to be paid to �, a__ & dodoes hereby and for my/our its heirs, and forever dischargem��� successors and gas release, acquit t executors, administmtors and all other persons, and his, her, their, or its agents, seu-vants, successors, ]reir9, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing 01A Of any and all known and unknown, foreseen Property damage and the consequences thereof resulting or to result from the occurrence on or about the t G"-- day of mck-�� lA 2001), at or near ST CuCtE , . C2Qt2� tl[[b SC 1n �IN6Sti ��fJD- 6tL It is understood and agreed that this s9ettlement is the compromise of a doubtfid and disputed obim, and that the payment is not to be construed as an odrnission of liability on the part of the party or parties luercby released, and that said releases deny liability therefore and intend merely to avoid litigation and buy their peace. The undersigned further deelare(s) and represents(s) that no promise, inducement or apeemcnt not herein expressed bas been made to the undersigned, and that this Release c4Mains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. WITNESS(ES): Witness Date NOTARY: State of On this day of SIGu TATUREM: Signature Signatrrc County of SS 20T , before me appeared who is known to he the person(s) named heroin and who voluntarily executed this release - Notary Signature Date Commission Expires Form 320OF 0 2004 Nationwide Publisbing Company, Inc. hl[p;//wlvty, cl a im sp ages -cum 08/14/2007 TUE 07:58 [TX/RX NO 94241 R 002 PROPERTY DAMAGE RELEASE KNOW ALL BY THESE PRESENTS: That the Undersigned, being of lawful age, for sole consideration of �.\6 <\ t 'C�C7�rTq t 17 s: S( h— Dollars (S to be paid to r Ls y t� cA $��� G V L�Cik'A coerm ASS ct S do/does hereby and for my/ourtits beirs, executors, administrators, successors and assigns release, acquit and forever discharge 1 and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now hasibme or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen pro�erty damage and the consequences thereof resulting or to result from the occu rcrice on or about the i r day of (-P fzaA , 20 �� , at or near Mt\1. :,JRy F2.'z�' P �>Q4..1 t_S:C-l� It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releases deny liability therefore and intend merely to avoid litigation aW buy their peace. The undersigned further declare(s) and represents(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. WITNESS(ES): SIGNATUREM: Witness Date NOTARY: State of On this day of Signature Signature County of 20 before me appeared who is known to be the person(s) named herein and who voluntarily executed this release. Notary Signature Date Commission Expires Form 320OF ' ® 2004 Nationwide Publishing Company, Inc- http://,,vwty. cla imspa ges. coin SS Q JUL;0� RISK MANAGEMENT I BOARD OF COUNTY COMMISSIONERS COUNTY, - F L: Q R I D A May 31, 2007 Mr. Mark Lobel Riley Adjustment Bureau, Inc. PO Box 19727 West Palm Beach, FL 33416-9727 SUBJECT: Claim # C123584 Mark, HUMAN RESOURCES RISK MANAGEMENT WAYNE TEEGARDIN, RISK MANAGER Attached are invoices and timesheets associated with our claim for damages caused by water intrusion into our Sheriff's Office Administration and Morningside Library buildings. I have summarized our claim costs below, if you have questions regarding them please call me to discuss. Item Service Cost Safe Clean Invoice # 696 Water extraction, drying, & cleaning 1,388.70 Indian River Insulation Invoice # 7945 Roof drain insulation (R & R) 1,000.00 Stanley Steamer Invoice # 244666 Carpet & Floor Cleaning 4,377.90 A-1 Construction Co. Invoice # 21243 2 x 2 Reveal Edge (12 cs) 193.52 A-1 Construction Co. Invoice # 21242 Vantage Bioshield 2 x 2 254.52 SLC Labor Record SLC Employee Labor 99.16 SLC Labor Record SLC Employee Labor 584.28 SLC Labor Record SLC Employee Labor 758.08 SLC Labor Record SLC Employee Labor 513.35 SO Labor Record SO Employee Labor 148.20 SO Labor Record SO Employee Labor 61.50 SO Labor Record SO Employee Labor 138.38 Total $9,517.59 105EPH E. SMITH, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE. District No. 4 • CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982 • Phone (772) 462-1546 FAX (772) 462-2361 9 TDD (772) 462-1428 9 Job Line (772) 462-1967 0 web site: www.co.st-lucie.fLus AGENDA REQUEST CouNTY F LORI D A TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY SUBMITTED BY (DEPT): Human Resources / Risk Management ITEM: # C313 DATE: 9/11 /07 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] Wayne Teegardin Risk Manager SUBJECT: Prison Health Services Inmate Health Aggregate Cap & Psychotropic Drug Invoices. BACKGROUND: Medical care for incarcerated jail inmates provided off -site (outside the jail) are paid under contract by Prison Health Services (PHS) and reimbursed by the County according to contract including psychotropic drugs. GENERAL NOTES: Our contract with PHS requires that the aggregate cap invoices be reimbursed per fiscal year quarter. This request includes third quarter invoice number PHS0002370 for FY 06 — 07 in the amount of $265,597.94. FUNDS AVAILABLE: Funds will be made available in: 001-2300-531300-200. PREVIOUS ACTION: First and second quarter FY 06-07 invoices have been paid. RECOMMENDATION: Staff recommends payment of PHS invoices in the amount of $265,597.94 per contract agreement. COMMISSION ACTION: CONCURRENCE: [g APPROVED [ ] DENIED —----- ----- --_� [ ] OTHER: Approved 5-0 Douglas M. Anderson County Administrator Review and Approvals County Attorney: }�. '` Management & Budget: Purchasing: _L,%�� Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)_ Invoice Number: PHS0002370 Prison Health Services, Inc. 105 Westpark Drive, Suite 200 Brentwood, TN 37027 1-800-729-0069 ext. 338 St. Lucie County Risk Management Attn: Wayne Teegardin, Risk Mgr 2300 Virginia Avenue Ft. Pierce, FL 34982 Customer Number: 1534B ID# 23-2108853 Aggregate CAP Utilization and HIV Meds for 10/1/06-9/30/07 as of Jun07 Psychotropics for 10/l/06-9/30/07 as of Jun07 Amount Due: $265,597.94 Remit Payment To: Prison Health Services, Inc. 12464 Collection Center Drive Chicago, IL 60693 Payment Due Date: July 24, 2007 Account Terms: DUE UPON RCPT * * * PLEASE DOCUMENT IF INVOICE IS NOT PAID IN FULL' ` July 24, 2007 $227,579.24 $38,018.70 r QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2006 through September 30, 2007 Utilization and HIV Meds For the nine months ended: June 30, 2007 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ 295,087.00 Annual Aggregate Total: $ 295,087.00 100% bill back over $ 295,087.00 Summary of Aggregate Calculation through 06130/07: Paid Claims Pharmacy - HIV/Protease Inhibitors: Total Paid through 06130107: Aggregate Limit (PHS responsibility) pro -rated 9 months: Total PHIS responsibility as of 06/30/07; Less: Invoice PHS00012D4 Less: Invoice PHS0001757 $ 503,447.58 $ 266,209.23 $ 769,656.86 $ 221,315.25 $ 221,315.26 $ (103,945.15) $ (216,817.22) $ (320,762.37) Amount Due This Quarter $ 227,579.24 Amount Paid Amount Due Invoice PHS0001204 $103,945.15 $ $ 103,945,15 Invoice PHS0001757 $216,817.22 $ $ 216,817.22 Total amount due for current contract year $ 548,341.61 i QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2006 through September 30, 2007 Psychotropics For the nine months ended: June 30, 2007 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: Annual Aggregate Total: 100% bill back over $ 56,180.00 $ 56,180.00 $ 56,180.00 Summary of Aggregate Calculation through 06f30107: Pharmacy - Psychotropic Meds: Total Paid through 06/30107: Aggregate Limit (PHS responsibility) pro -rated 9 months: Total PHS responsibility as of 06130107: Less: Invoice PHS0001204 Less: Invoice PHS0001757 $ 95,615.41 $ 95,615.41 $ 42,135.00 $ 42,135.00 $ (7,785.70) $ (7,676.01) $ 115,461.71) Amount Due This Quarter $" 38,018.70 Invoice PHS0001204 $7,785.70 Invoice PHS0001757 $7,676.01 Total amount due for current contract year Amount Paid Amount Due $ $ 7,785.70 $ $ 7,676.01 $ 53,480.41 AGENDA REQUEST ITEM NO: C-40. DATE: Sept. 2007 REGULAR ' r 1 PUBLIC HEARING CONSENT [Xj TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Hennis Construction (C06-12-780) /Elks Park Renov. Project/Change Order No. 02 Approve Budget Amendment #07-078 BACKGROUND: Hennis Construction is new-ing completion of the renovations/improvements at Elks Park as per Contract #C06-12-780. In order for the final sign -off by the St. Lucie County Fire Department, they are requiring the installation of an interior fire alarm for ansul system and exterior post indicator valve and 6" gate valve. Staff is requesting that the Board of County Commissioners approve Hennis Construction (C06-12-780) Change Order No. 02 in the amount of $4,838.06 to cover the cost of the fire alarm and installation. PREVIOUS ACTION: N/A FUNDS ARE AVAILABLE: 001-7210-562000-7665 (Parks -Buildings) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Hennis Construction's Change Order No. 2 (C06-12-780) in the amount of $4,838.06 to cover the cost of the fire alarm and installation at Elks Park. Approve Budget Amendment #07-078. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Coordination/Signature CONCURRENCE: Doug Anderson County Administrator r County Attorney: Mgt & Budget: Purchasing: Originating Dept: Public Works: Other. Finance: (Check for Copy only, if applicable) 1 BOARD OF COUNTY COMMISSIONERS To: Board of County Commissioners From: Linda Barton, Asst. Director l� Subject: Agenda # C-4/1-lennis Const. Change Order No. 2 Date: September 12, 2007 PARKS & RECREATION DEBRA BRISSON Director Hennis Construction is nearing completion of the renovations/ improvements at Elks Park as per Contract #C06-12-780. In order for the final sign -off by the St. Lucie County Fire Department, they are requiring the installation of an interior fire alarm for ansul system and exterior post indicator valve and 6" gate valve. Staff is requesting that the Board of County Commissioners approve Hennis Construction (C06-12-780) Change Order No. 02 in the amount of $4,838.06 to cover the cost of the fire alarm and installation. Cc: Debbie Brisson, Director Faye Outlaw, Asst. County Adm. Doug Anderson, County Adm. File JOSEPH E. SMITH, District No. 1 • DOUG COWARD, Disrrict No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No, 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 • Fox (772) 462-1940 • E-mail: brissond@co.st-lucie.fl.us www.co.st-lucie.fl.us I CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) Elks Park Press Box Renovations TO (Contractor): Hennis Construction Company, Inc. 18500 Glades Cut -Off Road Port St. Lucie, Florida 34982 You are directed to make the following chances in this contract: (Additional sheet attached as Exhibit A es No) CHANGE ORDER NUM INITIATION DATE: CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE Installation of the interior fire alarm for ansul system and exterior post indicator valve and 6" gate valve. The original (Contract Sum) (G st) was Net change by previous authorized Change orders The (Contract Sum) (G st) prior to this Change order The (Contract Sum) (Gu t) will be (increased) (despease"r unci4a+@ed) by this Change Order The new (Contract Sum) (Gua t) including this Change order will be The Contract Time will be (increased) d) by The Date of Substantial Completion as of the date of this Change Order therefore is: Funds Available: Account Number 001-7210-562000-7665 No. 02 8/14/2007 C06-12-780 December 19, 2006 $ 524,000.00 $ 34,121.71 $ 558,121.71 $ 4,838.06 $ 562,959.77 (30 ) Days August 31, 2007 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: Hennis Construction Company, Inc Contractor: 18500 Glades Cut -Off Road, PSL, FL 34987 Address By: Date: ATTEST: APPROVED: Parks & Recreation Department St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address By: Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK By: CHAIRMAN Date: Approved as to Form and Correctness: County Attorney 08/13; 2u07 17: 13 FAX (2 Or) 1/001 i HENNIS CONSTRUCTION 18500 GLADES CUT-OFF ROAD PORT ST LUCIE, FL 34997 PHONE NO- 7 72-464-2404 FA.1 NO.: 772-464-4114 8/ 13/2007 REF: Elks park Renovations k#*k#x#w**w##w#ww#xwKw+k+kip*+N+Fx+��#�+#xw##w#wwrt'Yip##k�kww#kx#ww##**s#kkx##ww+w#kw4 k*#**ww T0: COMPANY FAX NO.: PHONE NO Mark himascio St. Lucie 462-1940 462-2551 SUBJECT: Change order request 42A Cost breakdown for interior fire alarm for ansul system. Cost breakdown for exterior post indicator valve and 6" gate Valve I All necessary electric piping $ 550.00 2 Monitor modules 275.00 3. Installation of indicator valve and 6" valve $ 3,095.00 required by FPU.A Total S 3,920,00 Overhead - 10% $ 392 00 Total S 4,312.00 Profit - 10% $ 431.20 Total S 4,743.20 Bond - 2% S 94.86 Grand total S 4,838.06 COPIES TO: [x ]Architect, Owner THANK YOU, Kathy BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks PREPARED DATE: 8/14/2007 AGENDA DATE: 9/12/2007 ACCOUNT NUMBER TO: 001-7210-562000-7665 FROM: 001-7210-546300-700 ACCOUNT NAME F'.IW@ Grounds Maintenance REASON FOR BUDGET AMENDMENT: Fire alarm for Elks Park build THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: N/A N/A BA07-078 AMOUNT AW 1A AGENDA REQUEST ITEM NO: C-4b DATE: Sept. Ill 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Fairgrounds ADA Accessibility Renovations/ South Florida Concrete Services/BA #07-080 BACKGROUND: On May 22, 2007, the Board of County Commissioners gave its approval for South Florida Concrete to install sidewalks at the Fairgrounds as part of an Americans Disabilities Act (ADA) Improvement Plan. It has been determined by the architect and contractor that an additional 474 sq. feet of concrete is needed to complete the project. The sidewalks will increase handicap accessibility and capacity. Due to the fact that sidewalks have to be capitalized, the Finance Department requires that we bring this request to the Board for approval. Staff is requesting that the Board of County Commissioners give its approval for South Florida Concrete to install an additional 474 sq. feet of concrete at a cost of $1,730.10 for completion of the Fairground's ADA sidewalks. PREVIOUS ACTION: NIA FUNDS WILL BE MADE AVAILABLE: 001-7420-563000-7655 (Fairgrounds Infrastructure) RECOMMENDATION: Staff recommends that the Board of County Commissioners give its approval for South Florida Concrete to install an additional 474 sq. feet of concrete at a cost of $1,730.10 for completion of the Fairground's ADA sidewalks. Approve Budget Amendment # 07-080. COMMISSION ACTION: ] APPROVED [ ] DENIED [ ] OTHER. - Approved 5-0 Coordination/Signatures County Attorney: Mgt & Budget: Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) CONCURRENCE: Doug Anderson County Administrator Purchasing: Other: BOARD OF COUNTY COMMISSIONERS ��� N ■ ��� Y % .etas r rAmxk f To: Board of County Commissioners From: Linda Barton, Asst. Director Subject: Agenda Item-C-4b/ Fairgrounds ADA Sidewalks Date: September 11, 2007 PARKS & RECREATION DEBRA BRISSON Direcror On May 22, 2007, the Board of County Commissioners gave its approval for South Florida Concrete to install sidewalks at the Fairgrounds as part of an Americans Disabilities Act (ADA) Improvement Plan. It has been determined by the architect and contractor that an additional 474 sq. feet of concrete is needed to complete the project. The sidewalks will increase handicap accessibility and capacity. Due to the fact that sidewalks have to be capitalized, the Finance Department requires that we bring this request to the Board for approval. Staff is requesting that the Board of County Commissioners give its approval for South Florida Concrete to install an additional 474 sq. feet of concrete at a cost of $1,730.10 for completion of the Fairground's ADA sidewalks. Cc: Debbie Brisson, Director Faye Outlaw, Asst. County Administrator Doug Anderson, County Administrator File JOSEPH E. SMITH, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, Distract No. 9 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No County Administrotor - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 • Fox (772) 462-1940 • E-mail: brissond@co.sr-lucie.fl.us www.co.st-lucie.fl.us .r SOUTH FLORIDA CONCRETE SERVICE, INC. P.O BOX 12010 • FORT PIERCE, FLORIDA 34979 (772) 464-2656 • (863) 763-6421 Sold To Address Date / _ � .� 7 City Ship To State Zip _ e WA'L � Address_.6LC 6A�19ay,)5 City F State Zip SOLD BY CASH CHARGE G.O.D. -SHIP VIA PHONE _- STATEMENT SIZE TOTAL - SO FT PRICE PER FT. - .TOTAL �.. 74 COMMENTS: TOMMYMY WHITE Thank You t AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation ITEM #: C-4c DATE: Sept. 11, 2007 REGULAR PUBLIC HEARING CONSENT PRESENTED BY: Debra Brisson, Director SUBJECT: Request for approval to serve alcohol at Maravilla Park BACKGROUND: Debbie Kelley is hosting a birthday party at Maravilla Park on September 22, 2007. As part of the event, alcohol will be served and as required by County Ordinance 1-15-23, BOCC approval must be acquired. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Debbie Kelley's request to serve alcohol at Maravilla Park on September 22, 2007 during the birthday party that she is hosting. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Coordination/Signatures Management & Budget: Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) CONCURRENCE: Doug Anderson County Administrator Purchasing: Other: a BOAR® OF COUNTY COMMISSIONERS To: Board of County Commissioners From: Linda Barton, Assistant Director Subject: Agenda C-4c/Alcohol Maravilla Park Date: September 11, 2007 PARKS & RECREATION DEBRA BR1550N Director Debbie Kelley is hosting a birthday party at Maravilla Park on Septa tuber 22, 2007. As part of the event, alcohol will be served and as required by County Ordinance 1-15-23, BOCC approval must be acquired. Cc: Faye Outlaw, Asst. County Adm, Debbie Brisson, Director Doug Anderson, County Administrator File 105EPH E SMITH, District No. 1 • DOUG COWARD, Disrricr No. 2 • PAULA A. LEWIS, District No. 9 • CHARLS GRANDE, District No. 4 • CHRIS CRAFT, District No County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 • Fax (772) 462-1940 • E-mail: brissond@co.st-lucie.fl.us WWW.Co.st-lucie.fl.us .10 08/17/2007 14:45 7724622377 PAGE 01/02 St. Lucie County Parks & Recreation Department L r, 1�) 0` S Reservation Request/ Facility Use Permit Name of Group 1T Address Applicant Name Facility/Park Requested ©1 Vz�1A + Date(s) requested ' L2 ` ()) Intended Use �- �,���t U �%l r' F` f Alcohol Sale ur Tesun do e s (Complete Alcoho Ze Permit Date: L/0�+,7�� City:—�_.._.,m zip Code: __...-EV .J ' Phone: aMM3 OO � Time: From to�� (include set up & tear down) No. of People Expected to Attend List any special circumstances; services, and / or materials needed f) !Z� t 1) The following capacity limits have been established: ladrio School house: 116 Walton Community Center: 130 Maravilla Park: 130 Facilities are intended to be used for recreational activities, not commercial ventures. The Parks and Recreation Department reserves the right to refuse rental for commercial ventures, events exceeding capacity limits or those deemed not to be, adequately supervised. The Department may require security guard and,'or uniformed officers depending on the event, at the renter=s expense. A county employee (P.Houscmanl) will be present and will be paid for by the renter. No rental shall last beyond midnight. A penalty of $100/hour will be assessed after midnight, in additional to Houseman fees. 2) General Liability insurance in the amount of $1 Million per occurroncc/$ lmillion in the aggregate is required. Non-profit organizations (inchrding family groups) can arrange for this insurance through the Recreation Deparq nt,_Insurance rates vary depending on the number of attendees at the event. An insurance certificate must be produced showing St. Lucie County Board of County Commissioners as an additional insured. Products are included but not medical payments. Consumption of alcoholic beverages requires additional insurance. if selling alcohol, all applicable State permits and an alcohol beverage permit must be obtained and submitted to the Parks and Recreation Department. 3) All fees, deposits and insurance documentation must be received no later than 2 wee is advance of the rental. Failure to provide any one of these will result in cancellation of the rental. Any difference estimated and actual costs shall be paid at the end of the rental. 25% of rental fees will be retained if cancellation or rescheduling notification is not given at least 2 weeks prior to the rental period. 4) Should any visible danger be observed by the Permittee or brought to his/her attention by those persons using the facilities under this permit, said Permittec shall not use the facility and shall report the visible danger to the Recreation Department at 462-1521 between the hours of 8:00 AM to 5:00 Pm Monday through Friday. 5) Please DO NOT go on the fields if they have water on them, or if they are muddy. At no time will anyone alter, damage or deface the playing fields, press box, concession stand, restroom or any part of the facilities under this permit, 6) Possession of permit is required while using facilities or outdoor areas. Failure to supply permit when requested by Director or his designee may result in removal from area. 7) Facilities or outdoor areas must be left in clean and adequate condition as determined by Director or his designee. A $100 deposit will be taken the day of the rental of any of the Community Centers and returned if the facility is left in clean and acceptable condition. if the Recreation Division must clean the area, the deposit will be kept to cover the cost to clean. Any unused funds will refund. ;2007 14:46 7724622377 02102 41 �SdT�«L'Lt��1lE���v COUNTY -FL o a 1 o a COHOL.13E A ��� PFRIVIIT T. LUCIEE Ol TN 11' PARKS AND Rl~CREATTON DEPT. (This form is to be used to conjunction with the Facility Use Permit) z �site represrequest a permit to consume and/or sell alcoholic beerion at riteria for issuance of the permit 1. An applicant must be at least 2l years of agc. 2. An applicant must possess a valid driver's license or another form of identification containing a current address. 3. Application for permit must be completed and delivered to the Parks and Recreation Departmett at least 15 days prior to the event. 4. User must present a Gcneral .Liability Insurance policy certificate for the date of use ad a host liquor liability Policy certificate each in an amount not less than one million dollars ($1,000,000) when the facility use permit application is submitted. 5. In the event any user intends to sell alcoholic beverages, they are required to mcet all state requirements regarding sale of alcohol and obtain all required permits. Copies of said permits shall be submitted with the facility use permit. 6. The user must pay the cost of security provided by the St. Lucie County Sheriffs Office. The fee is payable directly to the Parks and Recreation Department at the time .of payment for, the facility gse. Conditions of Permit 1. Person signing the pernvt must be present during the event. 2. Area of permit use will be confined to the area specified above. User shall be responsible for the behavior of any parties with tl' c user's group. 3. User is responsible to a:,certain that no alcoholic beverage shall be served to any person under the age of 21. 4. Alcoholic beverages shall be sold/served only in conjunction with food sales. No alcohol will be served daring the last 30 minutes of the user's event. 6. The user must abide by all other operational policies and procedures as set forth in the facility use permit. Any violation of any of these rules can result in termination of the event. 7. User is not to state that St. Lucie County is a sponsor or participant in the event. By sighing, I agree to abide by the laws of the State of Florida as they apply to the consumption of alcoholic beverages, any applicable St. Lucie County ordinances and the conditions of this permit as set out above. Signs e�Orppll "ant Date Recreation Division Signature Date State Permit Received Date Insurance Certif cates Received 10/02 i TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation ITEM NO. C-4d DATE: Sept. 11, 2007 REGULAR [] PUBLIC HEARING[ ] CONSENT [X] PRESENTED BY: Debbie Brisson Director SUBJECT: Request for approval to serve alcohol at Indrio School House Facility/Park BACKGROUND: Daniel Charon has reserved Indrio School House Facility/Park to host a benefit for a local cancer patient on September 15, 2007. As part of the event, alcohol will be served and as required by County Ordinance 1-15-23, BOCC approval must be acquired. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Daniel Charon's request to serve alcohol at Indrio School House Facility/Park during a benefit on September 15, 2007. COMMISSION ACTION: [�Q APPROVED [ ] OTHER: Approved 5-0 County Attorney: [ ] DENIED Coordination/Signatures Management & Budget: Originating Dept: J Public Works: Finance: (Check for Copy only, if applicable) CONCURRENCE: Doug Anderson County Administrator Purchasing: Other: 61 ti BOARD OF COUNTY COMMISSIONERS COUNTY ` {. To: Board of County Commissioners From: Linda Barton, Asst Directorlj��_~ Subject: Agenda C-4d/Approval to Serve Alcohol Date: September 11, 2007 PARKS & RECREATION DEBRA BRISSON Director Daniel Charon has reserved Indrio School House Facility/Park to host a benefit for a local cancer patient on September 15, 2007. As part of the event, alcohol will be served and as required by County Ordinance 1-15-23, BOCC approval must be acquired. Cc: Debbie Brisson, Director Faye Outlaw, Asst. County Adm. Doug Anderson, County Adm. JOSEPH E. Sr:'. TH, District No. 9 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 • Fox (772) 462-1940 • E-mail: brissond@co.st-Iucie.fl.us www.co.sr-lucie.fl.us 03/23/2007 14:49 7724622377 PAGE 61/02 ALCOHOL BEVERAQE PERMIT ST. LIJ W PAS ANCRINPTNK ( WS form is to be used in conjunction with the Facility lase Permit) I, �,ry a h r r, representing request a permit to consue and/or sell alcoholic beverages for on -site consumption at n L 12 on S r �L Y Criteria f'or issuance of the Hermit 1. An applicant must be at least 21 years of age. 2. An applicant must possess a valid driver's license or another form of identiftcatian containing a current address. 3. Application for permit must be completed and delivered to the Parks and Recreation Department at least 15 days prior to the event. 4, User must present a General Liability Insurance policy certificate for the date of use and a host liquor liability policy certificate each in an amount not less than one million dollars ($1,000,000) when the facility use permit application is submitted. 5, In the event any user intends to sell alcoholic beverages, they are required to meet all state requirements regarding sale of alcohol and obtain all required permits. Copies of said permits shall be submitted with the facility use permit. 6- The user must pay the cost of security provided by the St. Lucie County Sheriff's Office. The fee is payable directly to the. Parks and Recreation Department at the time of payment for the facility use. Conditions of Permit 1. Person signing the permit must be present during the event. 2. Area of permit use will be confined to the area specified above. User shall be responsible for the behavior of any parties with the user's group. 3. User is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 4. Alcoholic bcvcragcs shall be sold/served only in conjunction with food sales. No alcohol will be served during the last 30 minutes of the user's event. 6. The user must abide by all other operational policies and procedures as set forth in the facility use permit. Any violation of any of these rules can result in termination of the event. 7. User is not to state that St. Lucie County is a sponsor or participant in the event. By signing, I agree to abide by the laws of the State of Florida as they apply to the consumption of alcoholic beverages, any a icable St. Lucie County ordinances and the conditions of this permit as set out above. Srgna f Applicant Date Recreation Division Si re IJDate State Permit Received Date Insurance Certificates Received 10/02 08/23/2007 14:49 7724622377 PAGE 02/02 St. Lucie County Parks & Recreation Department Reservation Requests Facility Use Permit - � ffl-�F Name of Group to(N' e— ` Date: Address 76,0 fo u City: C r? Tfp Code: Applicant Nance 1 (( ?'hone: S e1� Facility/Park Requested o�1),--L, A 14ouS � Time: From to r (include set up & tear down) Date(s) requested (�42 q r , I a - O 7 , No. o[ People Expected to Attend Intended Use a — l Alcohol Sale o Consumption? je C 5 (Complete Alcoh er it) List any special circumstances; services, and / or materials needed O e' 14 to Oi±%/ I 1) The following capacity limits have been established: Indrib School ?louse: 116 Walton Community Center: 130 Maravilla Park: 130 Facilities are intended to be used for recreational activities, not commercial ventures. The parks and Recreation Department reserves the right to refuso rents] for commercial ventures, events exceeding capacity limits or those deemed not to be adequately supervised. The Department may require security guard and/or uniformed officers depending on the event, at the renter=s expense. A county employee (ARousemang) will be present and will be paid for by the renter. No rental shall last beyond midnight. A penalty of $100lhour will be assessed after midnight, ,in additional to Houseman fees- 2) General Liability insurance in the amount of $1 Million per occurrence/$ Imillion in the aggregate is required. Non-profit otAanizations (including family arouDs) can arrange for this i_n.5urauce through the Recreation Department. Insurance rates vary depending on the number of attendees at the event. An insurance certificate must be produced showing St. Lucie County Board of County Commissioners as an additional insured. Products are included but not medical payments. Consumption of alcoholic beverages requires additional insurance. if selling alcohol, all applicable state permits and an alcohol beverage permit must be obtained and submitted to the Parks and Recreation Department. 3) All fees, deposits and insurance documentation must be received no later than 2 weeks in advalice of the rental. Failure to provide anyone of these will result in cancellation of the rental. Any difference estimated and actual costs shall be paid at the end of the rental. 25% of rental fees will be retained if cancellation or rescheduling notification is not given at least 2 weeks prior to the rental period. 4) Should any visible danger be observed by the Pemvttee or brought to his/her attention by those persons using the facilities under this permit, said Perrnittee shall not use the facility and shall report the visible danger to the Recreation Department at 462-1521 between the hours of 8:00 AM to 5:00 Pm Monday through Friday. 5) Please 170 NOT go on the fields if they have water on them, or if they are muddy. At no time will anyone alter, damage or deface the playing fields, press box, concession stand, restroom or any part of the facilities under this permit. 6) possession of permit is required while using facilities or outdoor areas. Failure to supply permit when requested by Director or his designee may result in removal from area. 7) Facilities or outdoor areas must be left in clean and adequate condition as determined by Director or his designee. A $100 deposit will be taken the day of the rental of any of the Community Centers and returned if the facility is left in clean and acceptable condition. If the Recreation Division must clean the area, the deposit will be kept to cover the cost to clean. Any unused funds will refund, TO: BOARD OF COUNTY COMMISSIONERS ITEM NO: C-4e DATE: September 11, REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Approval For Contract Termination/FORT PIERCE FIRE, INC (C05-10-483) BACKGROUND: On September 22, 2005, the County entered into a Facilities Use Agreement with FORT PIERCE FIRE, INC. (the "League") for the purpose of providing an Adult Football program at Lawnwood Football Stadium. Staff has spoke to or written to Mr. Holden, the League President on numerous occasions regarding the "League's past due rental fees. The County has been associated with Mr. Holden for approximately four (4) years and the BOCC has worked with his organization by reducing fees, approving TDC grants, etcetera. Unfortunately, we continue to have problems collecting the fees owed. A demand letter was sent to Mr. Holden by the County Attorney's Office; however, fees are now in arrears in the amount of $10,061.70. Staff is requesting that the Board give its approval for the County Attorney to draft a termination notice providing (ninety) 90 days written notice as required in the Facilities Use Agreement. PREVIOUS ACTION: Please see background FUNDS WILL BE MADE AVAILABLE: NIA RECOMMENDATION: Staff recommends that the Board of County Commissioners give its approval for the County Attorney to draft a termination notice for FACILITIES USE AGREEMENT (C05-10-483) FORT PIERCE FIRE, INC. (the League). COMMISSION ACTION: [ APPROVED [ ] DENIED [ J OTHER: Approved 5-0 Coordination/Signatures County Attorney: Mgt & Budget: Originating Dept: Public Works: CONCURRENCE: Doug Anderson County Administrator Other: Purchasing: Finance: (Check for Copy only, if applicable) BOARD OF COUNTY COMMISSIONERS To: Board of County Commissioners From: Linda Barton, Asst. Director PARKS & RECREATION DEBRA DRISSON Director Subject: Agenda # C-4e1 Fort Pierce Fire/Agreement Termination Date: September 11, 2007 On September 22, 2005, the County entered into a Facilities Use Agreement with FORT PIERCE FIRE, INC. (the "League") for the purpose of providing an Adult Football program at Lawnwood Football Stadium. Staff has spoke to or written to Mr. Holden, the League President on numerous occasions regarding the "League's past due rental fees. The County has been associated with Mr. Holden for approximately four (4) years and the BOCC has worked with his organization by reducing fees, approving TDC grants, etcetera. Unfortunately, we continue to have problems collecting the fees owed. A demand letter was sent to Mr. Holden by the County Attorney's Office, however, fees are now in arrears in the amount of $10,061.70. Staff is requesting that the Board give its approval for the County Attorney to draft a termination notice providing (ninety) 90 days written notice as required in the Facilities Use Agreement. Cc: D. Brisson, Director F. Outlaw, Asst. County Adm. D. Anderson, County Adm. File JOSEPH E. SMITH, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. J • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, Disrricr No. 5 Counry Administrator - Douglos M. Anderson 2300 Virginia Avenue • Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 • Fox (772) 462-1940 • E-mail: brlssondQco.st-lucie.fl.us www.co.sr-lucie.fl.us BOARD OF COUNTY COMMISSIONERS Certified Mail Return Receipt Requested June 8, 2007 Mr. Kurt Holden Fort Pierce Fire, Inc. 1404 Platts Lane Fort Pierce, FL 34982 Heather Young Katherine Mcckenzie-5mirh Heather Sperrozzc Lueke COUNTY ATTO RN EY Daniel S. McIntyre ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY RE: Parks & Recreation Invoice dated June 5, 2007 for Outstanding Balance for use of Lawnwood Football Stadium Dear Mr. Holden: Please find enclosed a copy of the most recent invoice for Fort Pierce Fire's use of the above referenced facility. Pursuant to Paragraph 6 of the September 22, 2005 Facilities Use Agreement for Lawnwood Football Stadium, Fort Pierce Fire agreed to pay all fees related to the operation of their programs at the facility including a 10%fee for nonpayment by the 101h of the month. Please forward this payment to the Parks & Recreation Department, 2300 Virginia Avenue, Fort Pierce, FL 34982. Your insurance certificate has also expired. Please provide us with a current certificate as agreed to in your contract. Sincerely, KMS/cb Katherine Mackenzie -Smith Encl. Assistant County Attorney copy w. Parks & Recreation Director Finance Director 1OSEPH E. SMITH, District No. 1 • DOUG COWARD, District No 2 • PAULA A. LEWIS, Disrricr No 3 • CHA:LES GZANDE, Disincr No. 4 • CHRIS CRAFT, Disrricr No. 5 County Adminis« oror - Douglas M. Andersor,. 2300 Virginia Avenue s :3rd Floor Admin. Annex • Fort Pierce, FL 34982-5652 • Phone (772) 462-1441 FAX (772) 462-1440 • TDD (772) 462-1428 OPP. 590911M - � - w- COU NTY - `. F L 0 1 D A R Parks & Recreation Department INVOICE DATE: August 1, 2007 TO: Ft. Pierce Fire Attn: Mr. Kurt Holden 1404 Plaits Lane Ft. Pierce, FL 34982 OUTSTANDING BALANCE 10% late flee TOTAL, DUE & PAYABLE BY AUGUST 16te $9,147.00 $91.4.70 $109061.70 Please make your check payable to SLC BOCC and mail or deliver to: Willie Redden, Recreation Coordinator SLC Parks & Recreation, 1302 Virginia Ave Ft. Pierce, FL 34982 Thank You AGENDA REQUEST ITEM NO: C-4f DATE: Sept. 11, 2007 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Approval of Salt Monitoring Wells Project/Fairwinds Golf Course/Approve Budget Amendment #07-081/Approve Capital Improvement Project #07-105 BACKGROUND: South Florida Water Management District (SFWMD) Water Use Permit No. 56- 01026-W item #'s 23 and 24 require implementation of a saline intrusion monitoring program. To be in compliance with the terms of the water use permit, the Golf Course must have two salt -water monitoring wells installed. Staff is requesting that the Board of County Commissioners approve Capital Improvement Project (CIP 07-105), in the amount of $13,000 and Budget Amendment # 07-081 in order to complete the installation of the salt -water monitoring wells. Staff has received quotes for the project and the lowest responsive, responsible quote was received from Huss Drilling. Staff is requesting that the Board of County Commissioners give its approval for Huss Drilling to install two salt -water monitoring wells at a cost of $12,800. The additional $200.00 will be utilized for miscellaneous items that may be associated with the project. PREVIOUS ACTION: N/A FUNDS ARE AVAILABLE: 418-7250-563000-700 (Fairwinds Improvements Other Than Bldgs.) RECOMMENDATION: Staff recommends that The Board of County Commissioners approve Capital Improvement Project (CIP07-105), installation of two salt -water monitoring wells at Fairwinds Golf Course as required by South Florida Water Management District Water Use Permit No. 56-01026-W item #'s 23 and 24. Give its approval for Huss Drilling to install two salt- water monitoring wells at a cost of $12,800 for installation and an additional $200.00 for miscellaneous items that may be associated with the project. Approve Budget Amendment # 07-081. COMMISSION ACTION: [k"J APPROVED [ ] DENIED [ ] OTHER: Approved 5-o CONCURRENCE: Doug Anderson County Administrator Coordination/Signatures County Attorney: Mgt & Budget: JLPurchasing: Originating Dept: is cam- Public Works: Other: c BOARD OF COUNTY COMMISSIONERS w-. w- ST 'mn LUEIE ^-inns-. .•r. •�,IE� t �{aL,'�� ,> .. :�,7ery ,xs ��'i, _ na..:.. w(ix ID. � �A4v F.+ a �..•,�... Y.4 �Fl"ai1 a v'Y�.S#" -r r� To: Board of County Commissioners From: Linda Barton, Asst. Director ✓ Z' _ PARKS & RECREATION DEBRA BRISSON Director Subject: Agenda Item #C4f/Firwinds Salt -Water Monitoring Wells Date: September 11, 2007 South Florida Water Management District (SFWMD) Water Use Permit No. 56-01026-W item #'s 23 and 24 require implementation of a saline intrusion monitoring program. To be in compliance with the terms of the water use permit, the Golf Course must have two salt -water monitoring wells installed. Staff is requesting that the Board of County Commissioners approve Capital Improvement Project (CIP 07-105), in the amount of $13,000 and Budget Amendment # 07-081 in order to complate the installation of the salt -water monitoring wells. Staff has received quotes for the project and the lowest responsive, responsible quote was received from Huss Drilling. Staff is requesting that the Board of County Commissioners give its approval for Huss Drilling to install two salt -water monitoring wells at a cost of $12,800. The additional $200.00 will be utilized for miscellaneous items that may be associated with the project. Cc: F. Outlay, Asst. County Adm. D. Anderson, County Adm. D. Brisson, Director File JOSEPH E. SMITH, Disrricr No. 1 • DOUG COWARD, Disrricr No. 2 • PAULA A. LEWIS, Disrricr Noa i CHARLES GRANDE: Districr No. 4 • CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 • Fox (772) 462-1940 • E-mail: brissond@co.sr-lucie.fl.us www.co.st-lucie.fl.us �AUG-24-2007 12:54 PM FAIRWINDS 19 22. 2, 772 462 3589 .P._K&;M T NO: 56-01026-K In the event the permit allocation is greater than the allocation provided for under District rule, the permittee shall, apply Eor a letter modification to reduce the allocation consistent with District rules. In the event that the permit allocation is less than allowable under District rule, the permitter shall apply for a modification of the permit to increase the allocation it the permites intends to utilize an additional allocation, or modify its opezaiicn to Comply with the existing conditions of the permit. The ratio of the number of gallons per day withdrawn from the recharge well(s) listed in Table A to the number of gallons per day withdrawn from the on -site pond pump(s) listed in Table B shall not exceed 1!1 during any month. within six 'Months of permit issuance, the Permittes shall implement the saline intrusion monitoring program described in the District staff report prepared in support of recommendation for permit issuance. Two salt water monitor wells, located just east of the project, Will be constructed to a depth of 120 feet. They shall be sampled using a conductivity probe to measure conductivity where 1,200 umhos/Cm.... corresponds to a Chloride concentration of approximately 250 mq/l (EPA Standard). ror the first five years, samples shall be taken quarterly and reported to the District on a Quarterly Basis. Two salt water monitor wells, located just east of the project, will be Construeted..to a depth of 120 feet. They shall be sampled using a conductivity probs.to measure conductivity where 1,200 umhbs/f :- correspotde to a,. 1dride concentration of approximately 250 mg/l.(EPA Standard) '.,For the first five years, samples shall be taken quarterly and repotted to the District on a Quarterly Basis. Psr4mitt:6e shalS`ieture a well construction permit prior to construction, fft air; or abandonment of all wells, as described in Chapters 401-3 and 405-30, tiorido Aministrative Code. AUG-27-2007 09:36 AM FAIRWINDS 772 462 3589 P.01 + ;hristopher Gamble - Salt intrusion Well, 7rom: "Ben Huss" <ben(&,hussdrilling.com> Co: "'Christopher Gamble" <gamblec@sduciec0.90v> )ate: 8/19/2007 9:24 AM iubject: Salt Intrusion Wells Stephanie Stallsmith"' <stephanie(ahussdrilling.com> :hris, I have finally received the prices for the schedule 60 PVC screens which Is what I have been waiting on to finish the bid for the ;alt water Intrusion monitoring wells. The well specifications I derived from the diagram you sent with the well details and the bid Is or a well constructed as follows. Total depth of 120 feet below land surface with 110 feet of schedule 80 2" diameter .020 slotted screen and 10' of 2" riser, a send pack up to 8' feet consisting of &20 silica sand with a fine send seal and grouted from above the sal to surface. Well head completion can either be a stand up protective cover or steel manhole cover. Please do not hesitate to :all me with any questions regarding the cost estimate, regards, fen Huss cuss Drilling Inc, :52-567-9500 Aoblllzation/Demobl0zation $ 200.00 Aonitodng Wells 2-120" 2" sch.80 110' screen $ 9600.00 !40' 0 $40,OOtfoot. Nell Head Completion& $ 400.00 ! ® $ 200,00/each Nell Developments .at. 4 hours Q $175.00/hour $ 700.00 totel/PerDlem 1 Q $ 300.00tday $1 200.00 TOTAL: $12,800.00 posMlt, Far Kl- ile:8C:\Documents And Settings\gamblec.FWD1Local Settings\Temp\XPgrpwise\46C6BAB6SLCMAILD... 8/19/201 t' ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: ISALT Monitoring Wells PROJECT #: 700 DEPARTMENT: JParks & Recreation DATE PREPARED: 8124i2007 DIVISION: JGolf Course Maintenance PROJECT MGR: C. Gamble TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES NO RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION I JUSTIFICATION: Installation of two (2) SALT Monitoring Wells - SFWMD Water Use Permit No. 56-01026-W item #'s 23 and 24, requires implementation of a saline intrusion monitoring program. To be in compliance with the terms of our water use permit, the Golf Course must have two salt water monitoring wells installed. THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES=NO �X Land i0 u Buildings ` _ 0 0 Imp O/T Bldgs 13,000 13,000 13,000 AIPP 0 0 0 0 0 0 0 0 TOTAL: 0 13,00013,000 0 0 0 -0 13,000 ry n7 nu ❑v nst_n4 FY09.10 FY10-11 5-YEAR Golf Course (41 13,0001 13,000 TOTAL: 13,000 13,000 0 C REP Number of New Positions Needed 0 Estimated Operating Impactl 0 0 0 0 0 13,000 V.- 0 (ARKS: These wells are mandatory, we would like to consolidate funds from our operating accounts and move to capital improvements to fund this project. CAPITAL IMP REQ # : CIP07-105 ACCOUNT#: 418 7255 563000 700 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks - Golf Course PREPARED DATE: 8/23/2007 AGENDA DATE: 9/11/2007 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 418-7250-563000-700 Infrastructure $13,000 FROM: 418-7250-554200-700 418-7250-552311-700 418-7250-546200-700 418-7250-540000-700 418-7250-546005-700 418-7250-546300-700 418-7250-554100-700 REASON FOR BUDGET AMEN CONTINGENCY BALAN THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # &INPUT BY: Training - Seminar Registration $1 870 Landscaping Supplies $5 918 Maintenance Improvement Projects $2 449 Travel $750 Eqipment Maintenance - Central Garage $600 Grounds Maintenance $949 Books & Subscriptions $464 NIT: Two salt water wells for golf course. N/A NIA L �1 BA07-081 AGENDA REQUEST TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation ITEM NO: C-4G DATE: September 11, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X] PRESENTED BY: Debra Brisson SUBJECT: PORT ST. LUCIE FALL FESTIVAL —REQUEST TO WAIVE RENTAL FEES AT TRADITION FIELD BACKGROUND: The annual Port St. Lucie Fall Festival will be held in the Tradition Field parking lot on Wednesday, October 24, 2007 through Sunday, October 28, 2007. The proceeds from the festival will be donated to multiple charitable organizations. Ms. Jane Rowley, the Chairperson for the event is requesting a waiver of the $5,916.08 rental fees from the BOCC. PREVIOUS ACTION: N/A FUNDS ARE AVAILABLE IN: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners' approval to hold the Port St Lucie Fall Festival in the Tradition Field parking lot (October 24, 2007 — October 28, 2007), and waive the S5,916.08 rental fees, as requested by the Chairperson. COMMISSION ACTION: [>4 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Doug M. Anderson County Administrator C o ordination/ S iQnature s County Attorney. Management & Budget: Purchasing: Originating Dept: ___Other: Admin/Finance (if applicable) rwaRx.C1AC:ANi1AS -t t-07 ST LUCIE FALL FESTIV.AL.DOC -� gg 7`t iS t.S �,.F hWLL F IiYi:p �'4� M p.4µ Board of s - , = Parks & Recreation County Commissioners ., w'g ° Department To: From: Via: Thru: Subj: MEMORANDUM Board of County Commissioners Parks & Tradition Field Manager, Parks and Recreation County Administrator Director, Parks and Recreation PORT ST. LUCIE FALL FESTIVAL — REQUEST TO WAIVE RENTAL -FEES AT TRADITION FIELD September 11, 2007 The annual Port St. Lucie Fall Festival will be held in the Tradition Field parking lot on Wednesday, October 24; 2007 through Sunday, October 28, 2007. The proceeds from the festival will be split between charitable organizations. Ms. Jane Rowley, the Chairperson for the event is requesting a waiver of the $5,916.08 rental fees from the BOCC. AGENDA REQUEST ITEM NO: C-4h DATE: Sept. 11, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Approve Purchase/Automatic Floor Scrubber/Fairgrounds/EQ07-360/BA07-082 BACKGROUND: Staff is requesting that the Board of County Commissioners approve the purchase of an automatic floor scrubber to be used at the Fairgrounds. The scrubber will replace the current scrubber which is 5 years old and in need of $2,900 in repairs. In consideration of the age of the scrubber and the repair cost, staff would like to purchase a new scrubber. Staff has obtained three quotes with the lowest quote coming in from Southern Janitor Supply at a cost of $5820.85 including shipping. Details of the scrubber are attached for review. Staff is requesting that the Board approve the purchase of a Saber Cutter Automatic Scrubber from Southern Janitor Supply, Inc. at a cost of $5,820.85. Staff is also requesting that the Board approve Equipment Request #07-360 and Budget Amendment #07-082. PREVIOUS ACTION: NIA FUNDS WILL BE MADE AVAILABLE: 001-7420-564000-700 (Fairgrounds Machinery and Equipment) RECOMMENDATION: Staff is recommends that the Board approve the purchase of a Saber Cutter Automatic Scrubber from Southern Janitor Supply, Inc. at a cost of $5,820.85. Staff is also requesting that the Board approve Equipment Request #07-360 and Budget Amendment #07-082. COMMISSION ACTION: [�] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Doug Anderson County Administrator Coordination/Signatures Count Attorney, - M t & Budget: Purchasing Y Y 9 9 Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) Q BOARD OF COUNTY COMMISSIONERS ST.LCICIE COUNTY `.. F L; O R' I D A, To: Board of County Commissioners From: Linda Barton, Asst. Director Subject: Agenda # C-4h1 Purchase Scrubber/Fairgrounds Date: September 11, 2007 PARKS & RECREATION DEBRA i3RISSON Director Staff is requesting that the Board of County Commissioners approve the purchase of an automatic floor scrubber to be used at the Fairgrounds. The scrubber will replace the current scrubber which is 5 years old and in need of $2,900 in repairs. In consideration of the age of the scrubber and the repair cost, staff would like to purchase a new scrubber. Staff has obtained three quotes with the lowest quote coming in from Southern Janitor Supply at a cost of $5820.85 including shipping. Details of the scrubber are attached for review. Staff is requesting that the Board approve the purchase of a Saber Cutter Automatic Scrubber from Southern Janitor Supply, Inc. at a cost of $5,820.85. Staff is also requesting that the Board approve Equipment Request #07-360 and Budget Amendment #07-082. Cc: F. Outlaw, Asst. County Adm. D. Brisson, Director D. Anderson, County Adm. File IOSEPH E. SMITH, District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS, District No. 9 - CHARLES GRANDE, District No. 4 - CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 • Fax (772) 462-1940 • E-moil: brissond@co.st-lucie.fl.us www.co.st-lucie.fl.us ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 DEPARTMENT: Parks & Recreation RECOMMENDED: X YES NO REVISED DIVISION: Fairgrounds APPROVED: I YES I NO ]REVISED EQUIPMENT: Saber Cutter Automatic Scrubber with Aqua-Mizer ADDITIONAL COSTS BUDGET AMOUNT: $ 5,8 11.00 NEW X REPLACEMENT YES X NO JUSTIFICATION: I I �EO�UIPMENTEQ#: The Saber Cutter Automatic Floor Scrubber with Aqua-Mizer is needed in order to maintain the flooring for buildings located on the Fairgrounds facility. (BA07-082) The scrubber will replace the current scrubber, which is 5 years old and in need of $2,900 in repairs. In consideration of the age of the scrubber and the repair cost, staff would like to purchase a new scrubber. EQ07-360 ACCOUNT#: 001-7420-564000-700 I BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks & Recreation - Fairgrounds PREPARED DATE: 8/28/2007 AGENDA DATE: 9/11/2007 TO: 001-7420-564000-700 FROM: 001-7 Machinery & Equipment Grounds Maintenance REASON FOR BUDGET AMENDMENT: To pu CE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: a replacement scrubber. N/A N/A BA07-082 I FROM :patobrien FAX NO. :7723405500 Aug. 24 2007 02:14PM P2 SOLr%,HERN JANITOR SUPPLY, Inc 34 East Court Melboume, Florida 32904 321-723-4969 1-800-432-6295 Fax No. 321-951-3141 e-mail: sjs@cfl.rr.com Date 8/24/07 BCC/ St Lucie County Fairgrounds Attn: John 15601 W. Midway Road Ft Pierce, FL. 34990 bear John: We are pleased to quote the following items: S7S No. Product unit Price i 104322 Saber Cutter Automatic Scrubber with Each 5820.85 Aqua-Mizer 4-6W250 A/H batteries,18A automatic charger, with Poly Brushes SC26481 Windsor 26" My service man will deliver the machine and go over all training on this machine At no charger. Thank you for this opportunity. If you have any questions please feel free �to Call me at any time. i5incerely Pat O'Brien 08/27/2007 03:28 7724622579 SLC FARGROUNDS PAGE 02 I woo west Midway Road Fort Pierce, FL 34W; St. Lucie County Fairgrounds Equestrian & Event Center To. _: - " LTA Products . Frome Dianne Aguiar Pam 772-460-2414 Pages: 2 (including cover) Phone: 772-465-0900 Re: Reauest for Quote Datee August 21, 2007 CC: To File ❑ urgent X Fur Review 0 Please C*t—nt 41 Please Reply Cl Please Recyclo All �V-' - X1.2j,Iv) Good Morning, Please provide a quote for the attached list: Please call 772-462-2581 to confirm this request, or in the event that you require additional information. Thank you, �' c\ � C� lava a gMoaf day! Quotation Number ... 232114 Page 2 ### Line Product ------------ Size Item Description ----- Ordered Price Tax? 28 ------------------------------ ---------------- ---- 29 30 ** 2611 Auto Scrubbers ** 31 32 BOTH OF THESE 26" MODELS AND 33 THE 28" MODEL ARE TRACTION 34 DRIVE (SELF-PROPELLED) 35 36 37 Minuteman Model E26QP 0- 5,935.130 N 38 Self -Propelled Traction Drive 39 19/19.5 Solution/Recovery Tks 40 with On Board Auto Charger 41 Includes Wet Batteries and 42 Pad Holder 43 44 Minuteman Model E26QPG 0 6,332.310 N 45 Self -Propelled Traction Drive 46` 19/19.5 Solution/Recovery Tks 47 with On Board Auto Charger 48 Includes Dry Gell Batteries 49 and Pad Holder 50 ****************************** 51 52 53 54 Quotation Number...232114 Page 3 #44 Line Product Size Item Description Ordered Price Tax? ------------ 55 ----------------------------------- ** 28" Auto Scrubber ** ---------------- ---- 56 57 Minuteman Model #ES28DQP 0 5,908.000 N 58 32/35 Solution/Recovery Tanks 59 Includes Batteries, Charger, 60 and 2 14" Nylon Brushes 61 62 #3315494 - 14" Pad Holder Ea. 0 51.000 N 63 (2 Required) 64 ****************************** 65 FLORIDA STATE CONTRACT PRICES 66 Purchase order must be made 67 payable to: 68 Minuteman International 69 To order: 1-800-323-9420 70 Ask for Juan Ortiz 71 Fax order: 1-800-422-6933 72 Please specify installing 73 dealer as Economy Chemical Co. 74 75 Please note: prices listed 76 are delivered prices 77 **NO FREIGHT CHARGES ADDED** 78 79 STATE OF FLORIDA 80 CONTRACT EXPIRES 81 NOVEMBER 24, 2007 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN ITEM NO. C `) A DATE:. % �1 0� REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X ) PRESENTED BY: D�Wst��� Public Works Director SUBJECT Approval from the Board of County Commissioners to extend the contract time to complete the project, accept the Taylor Creek Phase 1 Dredging project Tumma Removal; and for final payment and release of retainage in the amount of $147,247.00; and to make final payment to Sheltra & Son Construction, Inc. (Contact #-07-03-208). BACKGROUND: In 1998, the County initiated the Taylor Creek Dredging and Restoration Project, to remove the muck sediments from Taylor Creek. Removal of muck sediments from the tributaries to the Indian River Lagoon is a goal of the IRL National Estuary Program. In 1999, the County Initiated a spoil site study, to select a location for the Taylor Creek Project. A total of 13 sites were studied, to select a location for the Taylor Creek Project. A total of 13 sites were evaluated for feasibility as potential dredge spoil disposal sites. In December of 2000, the County selected the "Seminole Property" as a potential permanent spoil site. In early 2001, the City of Fort Pierce and St. Lucie Village objected to the use of the "Seminole Property" as a permanent spoil disposal site. The County proceeded with selection of an alternate location to be used as a temporary spoil site. The Port Property was determined to be the best location for a temporary spoil site, due to the fact that it was previously built out of dredged fill material. In September of 2003, Mr. Lloyd Bell granted the use of his Port Property as a temporary spoil site. In April of 2004, the County commenced construction of Phase 1 of the Taylor Creek Dredging Project. A 16 acre spoil disposal site was constructed for handling the muck sediments. The Project was completed in June of 2005, and the spoil site has not been used by the County since. The attached Change Order No.1 is for removal of excess clay and muck material that was contained in the spoil site containment dike foundations. The extent of the excess material was unknown until it was excavated. FUNDS AVAILABLE: Funds are available in the Port Budget account #-140001-4310- 534000-46506, and retainage account #-140001-0000-205100-46506. • PREVIOUS ACTION10124/06: BOCC action to relocate the spoil site on Mr. Bell's Port Property. 03/27107: Award of Construction Budget in the amount of $185,406.00 for removal of spoil site. 06/26/07: BOCC Approved Change Order No. 1 is for removal of excess clay and muck material that was contained in the spoil site containment dike foundations. RECOMMENDATION: Staff recommends Board of County Commission extend the contract time to complete the Taylor Creek Phase 1 Project, accept the Taylor Creek Phase 1 Dredging project Tumma Removal; and final payment and release of retainage in the amount of $147,247.00; and to make final payment to Sheltra & Son Construction, Inc. (Contact #-07-03-208). COMMISSION ACTION: CONCURRENCE: 3kAPPROVED O DENIED O OTHER: Approved 5-0 Review and Aonrovals Douglas Anderson County Administrator e Originating Dept: Pub. Wk ® County Attorney:�� a Purchasing: e Management and Budge : Environmental Lands: ❑ Growth Management: a Finance :q-jLip 0 Other 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. e APPLICATION FOR 2 NO AND FINAL PAYMENT Project Name: TAYLOP CZrCK KCSTO&A 0#jl �rZC�i�� PZa2ttT T-vtMA {=tMp`/,✓{L Engineer's Project No.: C 7 -- 02 Owner Board of County Commi. or�ers t i r - Iy Florida Contractor: SH ELT12A . S OiJ C o,l ST e,, CT 1 o 1 i n if .� .Contract Date: s/�/ J 7 Application Amount:_ 1q t2't]•OG ApplintionDate: f1hI!n% For Period Ending. 10 Initial Contract Amount Based on Estimated Quantities: $ j 59 a Nb . co Tabulation of Amount Due Thishcation _y ApA B s C P�PIied for As Approved By F�Cimz ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of Completed Work") $ 1 S'� H O ty 1S g rj yy 41eo n n CHANGE ORDER NO.,J_e 100 %Complete(+) f f 21 392 OO CHANGE ORDER NO._® % Complete(+) CHANGE ORDER NO._e % Cmnpk*+) f $ CHANGE ORDER NO._e %Complete(+) S f Previous Payments: Total Work to Date (+) $ 28y a S p p $ &- A 9 O :1 $ 1 i - & 0 S. bo Less Previous Payment (-) l; 1 2 & t � d V $ Op 02 $ Subtotal $ V H 7 - ZA�17 D[; $ X3 $ Less Failed Laboratory Tests 04 $ Total $ J 3 b - to C S, fr C Amount Due Final Payment, Except for any Liquidated Damages Assessed by the Board CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to date have been discharged in full; that no suits are pending in connection with the work under the Contract; that the Contractor agrees to the total final price of $ 2 $ L� $ s2. ots and final payment of $ 1'17 2'f 7, 8O as full settlement of his account under the Contract and of all claims in convection therewith. COUNTY OF STATE OF IGr'j[ Before me this I—q—thday of �_. 20V, personally aP ryared JO � Yl known to me, who being duly sw did depose and say that he is the �l si tit' f r r (office) of the Contractor above mentioned; that he prepared attached application to payment and ex e above affidavit on behalf of said Contractor; and that all o true, correct and complete. r ° Alyea & Comfort , My commission expires: " C.gryAppn It DD2N6B4 e�Expires May 22008 ary Public '�a /a/anw♦hb1.ac TO: BOARD OF COUNTY COMMISSIONERS, Sr. LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been reviewed by the Engineer. The Engineer hereby approves final payment under this application in the amount of $_ less liquidated damages assessed by the Board, WITH ACTUAL PAYMENT SUBJECT TO CONTRACTOR'S SIGNING ABOVE AFFIDAVIT. APPROVED ST. LUCIE COUNTY ENGINEERING DEPARTMENT N 0 C, fV 8 '= Z O Z ZW m LL V O O O I S 25 f. o�o'ojolcjc o !�I � z a 4 g � sls�g sly d v �. 8�8i818I88i8 IL d d 8j8�8;8j8'8 8 WW J hFLL ~ ' o59W N N N I N Fp O F 0 8' I W a wwjNw NIN w N 54� I I 8'�8 8i8 8 8 8 8Ito 0 a LL NI z v 8j81818 8 8 8 Z�$II _a & O C] I C N A I !O i 0 Ol 5 J Ir Z N w° awci 81 8 81 8! 8 8 r0n Lu W W 2 d U N m K C O J J O� O, 8I SZ Ri N W > O •- fpp0jj `�!i to .�1 VI of WIx LU d O a ir Z V W j VIL 0 o I i I a i j f AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN ITEM NO. C5b DATE: September 11, 2007 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT:(X) PRESENTED BY: ,N W-,Na�4 . c4� Don West Public Works Director SUBJECT: Request Board of County Commission approve the revised of rates for Taylor Engineering for Port Services Contract. BACKGROUND: St. Lucie County awarded the contract for Port Engineering Services to Taylor Engineering on July 13, 2004. PREVIOUS ACTION: 8/8/05: BOCC approved revision of rates for Taylor Engineering Services. RECOMMENDATION: Staff recommends Board approval of attached rate revision for Taylor Engineering Port Services Contract. COMMISSION ACTION: 5kAPPROVED O DENIED O OTHER: Approved 5-o Review and Approvals ® Originating Dept: (Pub. Wks.) / s County Attorney: ( ® Management and Budget: �l—q Environmental Lands: ® Finance: COPY ❑ Other CONCURRENCE: Douglas Anderson County Administrator ® Purchasing: M ❑ Growth Management: 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. A f.O August 20, 2007 Mr. Donald B. West, P.E. County Engineer, St, Lucie County 2300 Virginia Ave. Ft, Pierce, FL 34982-5652 Re: Revised Rates for Taylor Engineering Port Engineering Services Contract Dear Mr. West, Taylor Engineering's contract with the County for Port Engineering Services allows annual revision of our labor rates and fees. I would like to request revised rates for 2007-08 and have enclosed a proposed rate schedule for your consideration. Please call me at 352/394-0741 if you need any additional information. Sincerely, Laura Rosenbaum, CPA Vice President Enclosure (1) :lar JACORP+M "Co t—WSL Lads C..*W d Eninono sV007-0E FA.)St Ludo Pat Fag 20U7-g R t. Revioiond. r Schedule of Burdened Hourly Rates and Fees for Agreement between St. Lucie County and Taylor Engineering, Inc. for Professional Services for Port Engineering Services The following labor rates for Taylor Engineering, hic. and its subcontractors are effective through August 15, 2008. Taylor Engineering will submit a revised rate schedule for each subsequent year of the agreement. L Taylor Engineering, Inc. Burdened Labor Category Hourly Rate (S) R. Bruce Taylor, Ph.D. 264.00 Ji-Ang Song, P.E. 223.00 Vice President 171.00 Senior Advisor 151.00 Director 138.00 Senior Professional 112.00 Project Professional 99.00 Staff Professional 75.00 Senior Editor 94.00 Sr. GIS Analyst 101.00 GIS Analyst 65.00 Sr. Technical Support 87.00 Technical Support 62.00 Administrative 48.00 IL CHWHill Burdened Labor Category Hourly Rate (S) Program Manager 221.17 Senior Project Manager 184.12 Senior Professional/Proj. Mgr. 159.42 Professional 134.72 Cost Estimator 118.67 Staff Prof./Sr. Tech 99.26 Junior Professional 86.72 Graphics 124.38 Technician 99.26 Junior Technician 75.30 CADD 81.01 Office/Clerical 75.30 Pagel of 5 I Port Engineering Services Contract Between St. Lucie County & Taylor Engineering, Inc. 2007-08 Rates In. Morgan & Eklund, Inc. Burdened Labor Category Hourly Rate (S) Chief Surveyor 105.00 Project Surveyor 75.00 Computer Technician 65.00 Two Man Survey Crew 95.00 Three Man Survey Crew 115.00 Equipment Cost ($/Day) RTK/GPS 450.00 25' Survey Boat 450.00 Trimble DGPS 350.00 Digital Fathometer 85.00 Motion Compensator 200.00 Hypack Navigation Software & Computer 50.00 Submersible Tide Gauge 50.00 Polaris 6 WD Beach Vehicle 75.00 IV. Dunkelberger Engineering & Testing (See attached) Page 2 of 5 UIE&TDUNIKELBERGER ENGINEERING & TESTING, INC. FEE SCHEDULE Geotechnical Engineering Services St. Lucie County Port Improvements DE&T Proposal No. P02-10-985 (Updated & effective through August 15, 2008) SOIL TESTING Standard or Modified Proctor $100.00/test Field Density Test (nuclear test method) (minimum of 3 tests/trip) $22.00/test Limerock Bearing Ratio (LBR) $300.00/test Florida Bearing Value (FBV) $35.00/test Sieve Analysis $60.00/test Sieve Analysis (material finer than U.S. No. 200 sieve) $35.00/test Atterberg Limits $90.00/test Chemical Analysis (carbonates of calcium and magnesium) $55.00/test Organic Content $35.00/test Unconfined Compression Test (Undisturbed) (Maximum stress only) $110.00/test Unconfined Compression (Remolded) $160.00/test Unconfined Compression — rock core (Maximum stress only) $60.00/test Hydrometer Test (includes grain size and specific gravity) $125.00/test Falling Head Permeability Test $250.00/test Chemical Analysis (pH, sulfate, chloride and electrical resistivity) $150.00/test CONCRETE TESTING Concrete Cylinders: sampling, slump test, casting, transporting, curing and testing (4 per set) $85.00/set Air Content $20.00/test Additional Cylinders $15.00/cyl. Additional Slump Tests $20.00/test Unit Weight of Concrete $30.00/set Compressive Strength of Masonry Prisms (set of 3) $375.00/set Mortar Cubes (set of 3) $60.00/set Swiss Hammer and Pachometer Test • Equipment Usage $75.00/trip • Senior Engineering Technician $56.00/hour Field coring of Hardened Concrete • Equipment Usage $250.00/trip • Field Coring Compression Testing of Field Cores $80.00/each *Quoted on project -by -project basis. VFAT Page I of 3 DE&T 2007 Fee Schedule —Taylor Port Contract (p985) Page 3 of 5 UIE&I DUNKELBERGER ENGINEERING & TESTING, INC. FEE SCHEDULE Geotechnical Engineering Services St. Lucie County Port Improvements DE&T Proposal No. P02-10-985 (Updated & effective through August 15, 2008) ASPHALT TESTING Marshall Stability Tests $150.00/test Bitumen Content (extraction $150.00/test Sieve Analysis of Extracted Aggregate $65.00/test Field coring of in -Place Asphalt • Equipment Usage $250.00/trip • Field coring Specific Gravity of Asphalt for Density Determination $35.00/each *Quoted on project -by -project basis Principal Engineer $195.00/hour Registered Professional Engineer/Special inspector $141.00/hour Project Engineer $110.00/hour Staff Engineer $82.00/hour Clerical/Word Processing $54.00/hour Computer Graphics (CARD) $52.00/hour Technician Inspection Services • Engineering Technician $45.00/hour • Senior Engineering Technician $56.00/hour Threshold or Structural Steel Inspection $97.00/hour HAND OR POWER A UGER BORINGS 0 — 20' $10.00/lf Mobilization and demobilization drilling rig (power augers) $350.00/each STANDARD PENETRATION TESIYNG 0 — 50' $14.00/lf 50' —100' $19.00/lf Mobilization and demobilization drilling rig (power augers) $350.00/each SUPPLEMENTAL FIELD EXPLORATION Casing, up to 4" ID (0 — 50') $6.00/foot Grout seal borings: 0 — 50' $5.00/foot 50' —100' $6.00/foot DE&T DUNKELBERGER ENGINEERING & TESTING, INC. FEE SCHEDULE Geotechnical Engineering Services St. Lucie County Port Improvements DE&T Proposal No. P02-10-985 (Updated & effective through August 15, 2008) Rock coring (HQ Barrel): 0-50' Thin -Walled Tube Samples: 0-50' INSTALLATION OF PIEZOMETERS AND MONITORING WELLS *Quoted on a project specific basis EXFILTRA77ONTEST (SFWMD usual open hole test) 2 or more per site Notes: $40.00/foot $125.00/each $350.00/each $300.00/each 1. This fee list represents our most requested testing services. DE&T provides a complete range of construction material testing services including mix designs, plant control, asphalt concrete testing, and non- destructive/destructive evaluation of hardened concrete, corrosion analysis and load testing. 2. Engineering technician time spent on concrete testing services will be billed at $45.00 per hour for on -site standby time in excess of 1 hour per set, cylinder set pickup performed not in conjunction with other field testing services, and cancellation without notice. 3. Sample pickup time for laboratory tests will be billed at $45.00 per hour unless performed in conjunction with other field testing services (e.g., in -place density testing or testing of fresh concrete). 4. Hourly rates are portal-to-portal. 5. A minimum of 0.5 hour of engineering time will be charge per report. 6. An overtime factor of 1.5 will be applied to the attached rates for work performed on weekends, holidays, and outside the regular work week (7.30 am to 5:00 pm Monday through Friday). 7. These fees do not include costs for maintenance -of -traffic (MOT) and/or utility locations as may be needed for certain jobs. These costs will be negotiated on an as -needed, case -by -case basis. 8. The Power Auger borings, Standard Penetration Test, and Supplemental Field Exploration costs are for land - based work using truck -mounted drilling equipment only. Sites requiring all -terrain drilling equipment, clearing, and water -based work will be quoted on a site -specific basis. 9. Third party charges and other out-of-pocket expenses will be billed at cost plus 15%. Omy Page 3 of 3 DE&T 2007 Fee Schedule — Taylor Port Contract (p985) Page 5 of 5 r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): PUBLIC WORKS DEPARTMENT (4117) ITEM NO. C-5c DATE: Sept 11, 2007 REGULAR [ ] PUBLIC HEARING CONSENT [x] PRESENTED BY: Don West Public Works Director SUBJECT: Request Board approval for WA # 6 with Vanus, Inc. for Traffic Impact Study and review of Traffic analysis for Glades Cut-off Rd. from the Western Annexation DRI's. and Continuing Consultant Services for Traffic Impact Studies. BACKGROUND: Public Works Staff is in need of Traffic Engineering analysis for various Development Projects that impact the County roadway network. The attached Work Authorization with Vanus, Inc. provides for the ability to perform the necessary traffic impact analysis on a case by case basis, not to exceed $15,000.00 in total amount. FUNDS AVAILABLE: Funds will be made available in Transportation Trust Road Impact Fees, account#-101003-4116-531000-400. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for WA # 6 with Vanus, Inc. for Traffic Impact Study and Continuing Consultant Services for Traffic Impact Studies in the amount not to exceed $15,000, and authorization for signature by the Chairman. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER Approved 5-0 14 County Attorney [j Project. Manager [ ] Road & Bridge CONCURRENCE: Douglas Anderson County Administrator Mgt & Budget + ] Originating Dept. Public Works E I Budget & Rev. Coo jQ Purchasing Dept. [ ] ERD [X] Copy to Finance[ ] Other 0 VVIIIINUS August 20, 2007 Mr. Don West, PR Public Works Director St. Lucie County 2300 West Virginia Avenue Ft. Pierce, Florida 34982 ENGINEERING EVOLUTION Re: Scope for Miscellaneous Services for St. Lucie County Public Works Department Dear Mr. West: Via Email The following provides the scope, fee, and schedule for VANUS, Inc. to perform traffic and transportation engineering services for St. Lucie County. A -Scope of Services - General Traffic Engineering Services Task: A -I (1) Determine the Glades Cut-off impacts from the Western Annexation DRIB and determine the percent of trips by jurisdictional roadway. (2) Attend BOCC meetings as needed. (3) Assist County on general engineering projects. B-Deliverable - VANUS shall provide on -call traffic and transportation engineering services. Fee shall not exceed $15,000. Task: 13-1— Analysis and meetings shall be billed at an hourly rate. C- Schedule - VANUS shall complete each assignment in a timely manner based on the specific task assignment. If you have any questions, feel free to contact me at (813) 831-8870. Sincerely, VANUS, INC. Susan C. Joel, PE, PTOE Transportation Engineering Director cc: file S:12062304\corAracbs slcpublimorkscmtract.doe 1 (-A .1 1 2[ai17, St. Lucie County Eu_'(c I. - =c• gg 4350 West Cypress Street -Suite 340 - Tampa, Florida 33607 • Phone: (813) 831-8870 • Fax: (813) 831-9375 Tampa • Miami Lakes • Orlando • Kansas City www.vanusinc.cam i WORK AUTHORIZATION NO. 06 CONTRACT C06-07.417 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of 2007, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and VANUS, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on July 11, 2006, the COUNTY entered into a Consulting Agreement (Contract No. C06-07-417) hereinafter referred to as "Contract' with the CONSULTANT to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: General Traffic Engineering Services — Glades Cut -Off impacts from the Western Annexation DRIs (hereinafter referred to as "the Project'.) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C06-07-417). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Scope of Services provided for as project is assigned. Page 1 of 3 3. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall be billed on a project basis, and shall not exceed a total amount of fifteen thousand dollars and 00/100 ($15,000.00) as further detailed in Exhibit "K. 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice To Proceed, and shall complete all work as outlined. This Work Authorization shall be effective August 20, 2007, and continue through and including February 29, 2008. C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 3 WITNESSES: VANUS, INC. BY: Print Name: Title: Page 3 of 3 ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT C6-A 09/11 /07 PUBLIC HEARING ( ) CONSENT ( X ) PRESENTED BY: Neil Appel, Purchasing Director SUBJECT: Board approval of the #1 ranked firm from Request for Qualifications #07-073, Tourism Advertising Services and permission to negotiate a contract with the #1 ranked firm, Blair Advertising, (Ft. Pierce, FI.) BACKGROUND: Please see attached memorandum. Account #611-5210-534000-500 (Contracted Svc.) FUNDS AVAILABLE: Advertising will be billed directly to Tourism on an individual basis (total budget of 88,000) PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests Board approval to negotiate a contract with the #1 ranked firm (Blair Advertising, Ft. Pierce, FI.) from Request for Qualifications #07-073, Tourism Advertising Services, and if negotiations are successful, authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED O DENIED O OTHER1 Approved s-o Douglas M. Anderson County Administrator Coordination/Signatures County Attorney (X)Mgmt & Budget (X) Purchasing (X)l. Tourism (X) GGY Other Finance (J for copy only if applicable) 1 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DISTRICT 2 MEMORANDUM TO: Board of County Commissioners FROM: Michael BrillhaKt, Economic & Strategic Development Director DATE: August 23, 2007 RE: RFP #07-073: Tourism Advertising Services For the fiscal year 2007/2008 Tourist Budget, the Board approved the Tourist Development Council's recommendation of $50,000 for consultant services and $88,000 for marketing. Since the current consultant services contract with Gold & Associates, Inc. will expire in October, a Request for Proposals (RFP) for Advertising Services was advertised on Sunday, June 3rd. The deadline for responses was 3 p.m. on July 10th. Twenty-six (26) companies purchased the RFP documents and five (5) submittals were received. These companies included: • Blair Advertising • Matrix 2 • Gold & Associates • North Florida Yard Sale • Media Arts Group A selection committee to evaluate and shortlist the written proposals was comprised of: • Larry Daum, Economic Development Manager • Odaly Victorio, Tourism Marketing & Public Relations Specialist • Erick Gill, Public Information Officer • Chris Egan, TDC member • Katherine MacKenzie -Smith, Assistant County Attorney (non -voting member) • Mary Ann Collins, Purchasing (non -voting member) The selection committee scored the firms, and two (2) firms stood out, Blair Advertising and Matrix 2, and were short listed to provide oral presentations to the TDC. On August 22nd both firms presented their qualifications and marketing concepts to the TDC and selection committee. The TDC voted unanimously to recommend BOCC approval to negotiate with Blair Advertising of Fort Pierce, Florida. Staff is requesting Board approval to negotiate with the top ranked firm, Blair Advertising. ITEM NO. C6-B DATE: 09/11/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to advertise a Request For Proposals for the purchase of Media Services for the St. Lucie County Fairgrounds. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 001-7420-548010-700 - Promotional Advertising PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to issue a Request for Proposals for Media Services for the St. Lucie County Fairgrounds. COMMISSION ACTION: (j9 APPROVED () DENIED () OTHER Approved 5-o County Attorney (X) a - Parks & Rec (X) Coordination/Signatures Mgmt & Budget (X) Other CONCURRENCE: Douglas M. Anderson County Administrator Purchasing (X) _ Finance (J for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: August 23, 2007 RE: Board approval to advertise a Request For Proposals (RFP) for the purchase of Media Services for the St. Lucie County Fairgrounds. Background: Each year staff promotes the St. Lucie County Fairgrounds by utilizing a media consultant to provide advertising on radio, television, and newspapers. This maximizes County exposure while minimizing cost as we advertise throughout the Treasure Coast. The anticipated yearly expenditure is $20,000-$25,000. Recommendation: Staff recommends Board approval to issue a Request for Proposals for Media Services for the St. Lucie County Fairgrounds. ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT C6-C 09/11/07 PUBLIC HEARING ( ) CONSENT ( X ) PRESENTED BY: Neil Appel, Purchasing Director SUBJECT: Board approval to advertise an Invitation to Bid for the purchase of hurricane shutters for various County buildings. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 001-9910-599300-800 Financial Recovery Mitigation Shortfall Reserves PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests Board approval to advertise an Invitation to Bid for the purchase of hurricane shutters for various County buildings. COMMISSION ACTION: �) APPROVED () DENIED () OTHER Approved 5-0 CONCURRENCE: Douglas M. Anderson County Administrator Coordination/Si nat es County Attorney (X) 1 Mgmt & Budget (X) Purchasing (X)� Central Services (X)._,I:Ii� Grants (X) Finance (J for copy only if apppliicaab_1e) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: August 24, 2007 RE: Board approval to advertise an Invitation to Bid for the purchase of hurricane shutters for various County buildings. Background: During May 2005, a grant application was submitted to the FEMA Hazard Mitigation Grant Program requesting funding to wind retrofit certain County buildings. The 10 buildings included the following: Airport Customs Building, Fort Pierce Community Center, Lincoln Park Community Center, St. Lucie County Museum, Agape Building, Rasmussen House, Historic Fort Pierce Post Office, Oxbow Environmental Center Data Building, Old Courthouse, Mosquito Control Garage Due to the passage of time since the grant application was initiated, the need to wind retrofit some of the ten buildings has changed and this will have to be evaluated by the Central Services Department. The grant was only recently approved, (Contract C06-07-828) in the amount of $800,744 for the ten buildings. The grant requires a local match in the amount of $261,070. These funds are available in the Financial Recovery Mitigation Shortfall Reserves (001-9910-599300-800). Recommendation: Staff recommends Board approval to advertise an Invitation to Bid for the purchase of hurricane shutters for various County buildings. e ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT DW-11-01 09/11/07 PUBLIC HEARING ( ) CONSENT ( X ) PRESENTED BY: Neil Appel, Purchasing Director SUBJECT: First Amendment to contract #C07-04-195 with Dooley Mack Constructors of South Florida, LLC for construction of the Special Needs Shelter/Auditorium. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Various Accounts, Program #2614 PREVIOUS ACTION: Awarded 3/27107, Agenda Item C14-A. RECOMMENDATION: Staff recommends Board approval of the first amendment to contract #C07-04-195 with Dooley Mack Constructors of South Florida, LLC, and permission for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: ( APPROVED () DENIED () OTHER Approved 5-0 CONCURRENCE: Douglas M. Anderson County Administrator Coordination/Signatures County Attorney (X) !-?, Mgmt & Budget O Purchasing (X)_ Central Services (X) " L Other Finance (J for copy only if applicable) ri 1 PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: August 24, 2007 RE: First Amendment to contract #C07-04-195 with Dooley Mack Constructors of South Florida, LLC for construction of the Special Needs Shelter/Auditorium Background: St. Lucie County awarded Invitation to Bid No. 07-025 for the construction of the Special Needs Shelter/ Auditorium to Dooley Mack Constructors of South Florida, LLC. This contract was to have a fifteen (15) month construction window dating from the Notice to Proceed, but the date listed as the substantial completion date in the contract did not reflect this. This 1s' contract amendment will amend the contract to reflect that fifteen (15) month construction date. Recommendation: Staff recommends Board approval of the first amendment to contract #C07-04-195 with Dooley Mack Constructors of South Florida, LLC changing the date of substantial completion in the contract to reflect the fifteen (15) month construction window from the date of the Notice to Proceed, and permission for the Chairman to sign the amendment as prepared by the County Attorney. r FIRST AMENDMENT TO APRIL 23, 2007 AGREEMENT C07-04-195 THIS FIRST AMENDMENT is dated this day of 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County"and DOOLEYMACK CONSTRUCTORS OF SOUTH FLORIDA, LLC, their successors, executors, administrators, and assigns, hereinafter called the "Contractor." WHEREAS, on April 23, 2007, the parties entered into an agreement, hereinafter referred to as the "Agreement" for the construction of the special needs shelter; and, WHEREAS, the parties desire to amend the Agreement to change the time of performance. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: The first paragraph of Paragraph 6 of the Agreement, Time of Performance/ Delays and Extensions of Time, shall now read as follows: 6. TIMEOF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work within Ten (10) calendar days after the signing, execution and delivery of written notice to proceed, and shall guarantee full completion of the Contract within fifteen months of the date of the notice to proceed. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA M. CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: DOOLEYMACK CONSTRUCTORS OF SOUTH FLORIDA, LLC Im NAME: TITLE: AGENDA REQUEST ITEM NO. C-7 DATE: September 11, 2007 REGULAR [ I PUBLIC HEARING I I CONSENT [ X I TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COURT ADMINISTRATION PRESENTED BY: THOMAS A. GENUNG SUBJECT: Court Administration requests permission from St. Lucie County Board of County Commissioners to apply for a Florida Department of Juvenile Justice "Juvenile Justice and Delinquency Prevention Safe Schools & Students Program Fiscal Year 2007 — 2008" grant. The concept paper for the grant must be submitted by September 14, 2007. Additionally, Court Administration requests approval for St. Lucie County to act as the fiscal agent if we are awarded the grant. The grant would be in the amount of $100,000. BACKGROUND: As stated in the DJJ Request for Concept Paper Proposals, "it is the goal —to reduce the number of referrals to the juvenile justice system from Florida schools and significantly reduce Disproportionate Minority Contact with the juvenile justice system throughout the state of Florida." FUNDS AVAILABLE: Court Administration currently is the recipient of a DJJ grant for which St. Lucie County acts as the fiscal agent. The funds for this grant will be used from a separate fund designated by St. Lucie County. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commission approve the submission of the grant and act as the fiscal agent if Court Administration is awarded the grant. COMMISSION ACTION: [>1 APPROVED [ I OTHER Approved s-o County Attorney: [ ] DENIED Coordination/Sig natures CONCURRENCE: Doug Anderson County Administrator Management & Budget: Other: Finance: (Check for Copy only, if applicable) Thomas A. Genung Trial Court Administrator MEMORANDUM TO: Board of County Commissioners FROM: Thomas A. Genung, Court Administrator SUBJECT: Application for DJJ Grant with St. Lucie County Acting as Fiscal Agent DATE: September 11, 2007 Request for approval to apply for a Florida Department of Juvenile Justice "Juvenile Justice and Delinquency Prevention Safe Schools & Students Program Fiscal Year 2007 — 2008" grant with St. Lucie County acting as fiscal agent for the grant. The grant would be in the amount of $100,000. Staff recommends the Board of County Commission approve the submission of the grant and act as the fiscal agent if Court Administration is awarded the grant. 250 N.W. Country Club Drive, Suite 217 • Port Saint Lucie, FL 34986 • (772) 807-4370 • FAX (772) 807-4377 PROJECT P. R. A. 1. S. E. PROBATIIONARY/RE-OFFENDER ADOLESCENT INTENSIVE SUCCESFUL EXPERIENCE A Violation of Probation Prevention Program Although there has been a decrease in juvenile crime the last few years, this is not true for referrals to probation in the 19'h Circuit. There has been a substantial increase in such referrals especially for St. Lucie and Martin Counties.. Given that the current success rate for youth on probation is only around 50%, we can expect a substantial increase in the number of youths placed in more restrictive environments. In addition to the tragedy these placements entail for the youth and the family, there is a very significant financial cost to placing youths in residential programs. At a time of looming budgetary problems, placing increasingly larger number of youth in programs that average $34,000 per completion is not a wise expenditure of resources. Below is a more detailed description of this problem followed by a description of a program designed to assist youth to successfully complete probation and avoid future criminal activity. Documentation of the Problem For the year 2005-2006, 1,020 youth were placed on probation in the circuit. St. Lucie and Martin Counties had the most serious problem in this area. Almost half of this population, 49.6%, was in St. Lucie County. Martin County youth accounted for 22.7% of the referrals. For St. Lucie County this represented an increase of 9.3%. The increase was especially dramatic in the minority communities. This is an especially serious problem for Black males in which there was an increased of 11.8% and Hispanic males in which referrals increased by 16.1%, while referrals for White males actually decreased by 2.6%. The situation is even worse for Black females, who had a sharp 41.8% increase of referrals to probation and Hispanic females who had an increase of 12%, while White females had a 1.6% reduction of referrals. St. Lucie County also had a very high rate of referrals to probation from schools. The County had the highest rate of a medium size school district and its referral rate was higher than 8 large size school districts. Martin County's overall increase in referrals was 34.1%. Referrals were highest in the Black community. There was a 58.6% increase for Black males, after an increase the previous year of 23.3%, and a tremendous increase for Black females, 62.5%. Referrals of Hispanic males increased by 24%. Referrals for White males were also very high, 34%, while White females had an increase of 15%. Martin County also had a very high rate of referrals to probation from schools. The County is classified as a high rank for medium size school districts. Data describing the probation experience in the 19`h Circuit for the year 2003-2004 does not paint an optimistic picture of outcomes of youths placed on probation. Thirty-three percent (33%) of the 731 youths released to probation committed an offense during supervision. The graduation rate is listed by the DJJ as 61%. The statewide rate was 75%. The recidivism rate for the 19"' Circuit was 12% which means that 54 youths were once again in trouble after completing probation. Thus the total number of success of youths placed on probation was 393 or 53%. This means that 338 youths were back in the system. A sense of the financial cost of these failures can be gained by considering the cost of residential programs. During a two year analysis, 2002-2003 to 2003-2004, the statewide cost for completion of a program ranged from low risk programs at $17,610, with a 43% recidivism rate to maximum risk programs with a cost of $119,165 with a 40% recidivism rate. The average cost per completion for all programs was $34,669 with an average recidivism rate of 40%. Thus the program described below only needs to succeed and keep 3 youth from having further involvement with the Juvenile Justice System to be a successful financial investment, with a savings of an average of $35,000 for each additional success. Program Description Targeted Youth: This project will address the problem of increased referrals to probation, especially in the minority communities, by working closely with the schools, and the Juvenile Probation Officers who are responsible for the youth. This shall be accomplished by obtaining referrals from school officials such as resource officers, guidance department staff, Deans and teachers and the JPO of the area as well as the State Attorney's Office. Types of behaviors that might lead to referrals are technical violations as as well new crimes that are not of a serious nature. These types of behaviors may be seen as red flags that a youth and family need more intensive assistance but do not require more restrictive and expensive interventions to avoid more serious criminal behaviors. Program Design: The program will be comprehensive, intensive, individualized, strength based, family focused and community based. Although, it is fairly innovative in its construction, its individual components such as wraparound services and restorative justice interventions are evidence based practices cited by the federal Office of Juvenile Justice and Delinquency and the Substance Abuse and Mental Health Services Administration (SAMHSA) as being `model programs". The program shall be 12 weeks in length divided into three discrete stages: an initial stage of six weeks involving intensive wraparound case management services, a second stage in which the youth graduates to group supervision comprised of two sessions a week and a third stage, the last three weeks of the program in which group supervision occurs only one time a week. Weekly collateral contacts to ensure ongoing compliance and progress regarding the other requirements of probation occur until graduation. Following is a more in-depth description of the key components of the program. Reassessment of the youth's needs at intake by a panel comprised of a Court Administration Juvenile Justice staff member with a graduate degree in a behavioral science, school and DJJ staff and the youth and his/her family. A family conferencing format will be utilized. For each youth the existing probation plan will be updated to address the current situation. This may include additional community service hours, or supportive services such as educational groups, or counseling. Additionally, and an area of interest or aptitude will be identified. Part of the updated plan will be attempts to provide the youth with increased opportunities to participate and develop in those areas. Comprehensive and individualized services will be implemented by developing a comprehensive listing of services. This menu of services shall provide a template from which professionals, family and the youth can choose to meet the unique needs of the youth and family. Intensive wraparound case management services will provide support, linkage, monitoring, and ongoing reassessment and refinement of the service plan as needed. Wraparound case management has been identified as a model intervention by the Office of Juvenile Justice and Delinquency Prevention. The intensiveness of the program will be implemented by having at least three different contacts with the youth each week, one at the child's home with the parents present, one at school with school staff participating and one solely with the youth. This shall occur during the first 6 week stage of the program. Additionally, every week contact will be made with all service providers such as mental health counselors, peer groups and community service sites. After completing six weeks of the program the youth shall graduate to the second stage of the program, which entails attending group supervision sessions. There are two phases to this stage. For 3 weeks the youth will attend two groups a week and for the last three weeks of the program the youth will attend one group a week. The group supervision sessions will be patterned after a restorative justice model. Weekly monitoring of collateral contacts will continue during the group stage of the program. Restorative Justice shall be an important aspect of this program and will be implemented in two ways. As mentioned above, it will be the underlying perspective of the group supervision stage of treatment. However, it will also be implemented to address individual offenses committed by the youth when it is appropriate to do so. Restorative justice is "a theory of justice that emphasizes repairing the harm caused or revealed by criminal behavior. The 3 main principals of Restorative Justice are: a) In order for justice to occur, we must work to heal victims, communities and offenders who have been injured; b) The victims, communities and offenders should have the opportunity to participate as early and fully as possible, and c) Government is responsible for a just order, and the community's role is for a just peace. Staffing and Hours of Operation: The program shall be staffed by a case manager funded through the grant that will have a maximum caseload of 10 youths and be responsible for implementing the intensive wraparound case management aspect of the program... The program will also contract with a group counselor funded through the grant who will conduct an average of three groups a week for youth who have graduated into the second stage of the program. Additional services will be contributed by already existing court administration staff already providing juvenile justice services to the community. This in - kind contribution will include a graduate level professional to conduct the intake session and other staff to fill in on emergency basis. Additionally, existing groups operated by our juvenile justice staff will be available to youths in the program. Indeed these youth will have priority status for admission to our groups. Examples of these groups are anger management, substance abuse education and developing life goals. Program hours will be extended to evenings and on weekends on an as needed basis, especially for conducting the home visits with parents. for JU ¢ C Q � H The JJDP State Advisory Group And Florida Department of Juvenile Justice Juvenile Justice and Delinquency Prevention Safe Schools & Students Program Fiscal Year 2007-2008 TITLE II FORMULA GRANT REQUEST FOR CONCEPT PAPER PROPOSALS I TITLE II GRANTS The Formula Grants Program, funded by OJJDP, provides grant monies to States and territories that support State and local delinquency prevention and intervention efforts and juvenile justice system improvements. Funding is administered through sub -grants to units of local government, local private Ggencies, and Indian tribes for programs in accordance with legislative requirements. Eligibility is based upon each State's compliance with the mandates of the JJDP Act. "Title II Grant funds are used to implement programs targeted at: developing and implementing effective methods for the prevention and reduction of delinquency; diverting juveniles from the traditional juvenile justice system through the creation of alternative programs to institutionalization and improving the quality of the juvenile justice system in Florida. DELINQUENCY IN FLORIDA Recent changes to the Juvenile Justice Information System (JJIS) have allowed the Department to accurately and reliably track referrals received for school -related offenses. During FY 2004-05, 26,990 or 18% of the total referrals received by the Department were for school -related offenses. Misdemeanors accounted for 76% and felonies accounted for 20% of school -related offenses. • Misdemeanor Disorderly Conduct was the most common school -related referral during FY 2004- 05 (10,034 or 26% of total). • Weapon or Firearm Offenses accounted for 2,251 or 8% of all school -related referrals during FY 2004-05. • In FY 2004-05, 59 % of all referrals were attributable to minority youth. Over the past three years the total number of referrals generated by black and Hispanic youth has increased by 6 % (for each group). • Statewide, there continue to be a large number of delinquency referrals from the education system. During fiscal year 2004-05, there were 150,687 referrals received by the Department at delinquency intake. Of this, 28,008 or 19 % of all delinquency referrals were school related. • During fiscal year 2004-05, a total of 95,263 individual youth were referred to the Department. Of these, 24,189 or 25 % of all youth referred to the Department had at least I school -related referral. • Statewide, minority youth accounted for 17,645 or 63 % of all school -related referrals. 2 PROJECT GOALS AND OBJECTIVES Through the development of Safe Schools & Students Programs (SSSP) it is the goal of the SAG and Department of Juvenile Justice to reduce the number of referrals to the juvenile justice system from Florida schools and significantly reduce Disproportionate Minority Contact with the juvenile justice system throughout the state of Florida. Providing resources for social competency enhancement for students and proper training and technical assistance to school faculty, staff and resource officers/officials, on delinquency referral could substantially reduce the number of school -initiated referrals to the Department of Juvenile Justice. Funds allocated for this initiative are derived from the 2006 Title II Formula Grant Program and fully supports the OJJDP designated federal criteria and the criteria established by the Department. FULL TEXT ANNOUNCEMENT The Safe Schools & Students Program (SSSP) supports LEAs the implementation and enhancement of integrated, comprehensive community -wide plans that create safe and drug -free schools and promote healthy childhood development. Each project design must: • Educate school faculty, staff, and officials on the most appropriate response to delinquent behavior given the degree of severity; • Implement Social Competency Enhancement Programming for students • Implement a comprehensive plan (in lieu of arrest) to deter youth from participation in delinquent behavior, motivate youth to. be educationally driven, and prevent truancy, suspension and expulsion. • Provide culturally sensitive training regarding staff responsiveness to minority youth. • Focus activities, curricula, programs, and services in a manner that responds to the community's existing needs, gaps, or weaknesses • Address Delinquency Referral Reduction with a focus on minority overrepresentation. COMPETITIVE PREFERENCE PRIORITY Within this absolute priority, we give competitive preference to applications that address the following priority. Under this priority, we consider applications from Native American Tribes, Local Educational Agencies, and Law Enforcement Agencies that have letters of support from the partner agency. Competitive preference, will be given to proposals providing effective description of the program design, a program description that fully connects to the identified problem and efficient use of the requested funds. 3 FUNDING LIMITS The initial goal is to fund, by Title II - Formula Grant awards up to ten (10) Safe Schools and Students projects. The proposal request for funding must not exceed $100,000 for the project's 12-month budget period. Applicants may be awarded two (2) one-year renewals not to exceed $100,000 each, based on performance and the availability of funds. The applicant's ability to meet performance criteria on past funded grants and/or contracts will be provided to the State Advisory Group for consideration in the present funding opportunity. For any applicant that reveals or is known to the Department to have received previous grants and/or contracts; the JJDP staff will obtain past performance related information. This information will be shared with the State Advisory Group for consideration (prior to the group submitting a recommendation for funding). InW PERFORMANCE MEASUREMENTS The number and percent of program staff who are trained in school - based services during reporting period. Program staff includes full and part-time employees and/or volunteers. The number is the raw A. Number of program Number and number of staff to receive any formal training relevant to the program staff who participated in percent of Increase or their position as program stall. Include any training from any source training program staff organizational or medium received during the reporting period as long as receipt can B. Total program number trained capacity be verified. Training does not have to have been completed during the of program staff reporting period. To get the percent divide the raw number by the total C. Percent (A/B) number of program staff. Program records are the preferred data source. Number of The number of programlagency policies or procedures created, programlagency policies or amended or rescinded during the reporting period. A policy is a plan Number of program/agency policies procedures Improve planning or specific course of action that guides the general goals and procedures created, amended, or created, and development directives of the program or agency. Include policies that are relevant re rescinded to the topic area of the program or policies that affect program amended, or operations. rescinded An unduplicated count of the number of youth served by the program during the reporting period. Definition of the number of youth served for a reporting period is the number of program youth carried Number of program youth carried NUMBER OF Im rovePro9 ram t. over from previous reporting period, plus new admissions over from the previous reporting PROGRAM activities during the reporting period. In calculating the 3-year summary, Pe rind, plus new admissions during YOUTH SERVED the total number of youth served is the number of participants carried the reporting period. over from the year previous to the first fiscal year, plus all new admissions during the 3 reporting fiscal years. Program records are the preferred data source. NUMBER AND PERCENT OF The number and percent of program youth who were rearrested or A. Number of program youth with a new offense PROGRAM Reduce seen at juvenile court for a new delinquent offense. Appropriate for B. Number of youth in YOUTH WHO delinquency any youth -serving program. Official records (police, juvenile court) are program OFFEND OR the preferred data source. C. Percent (A/8) REOFFEND Short-term definition: The number and percent of program youth Short-term who have exhibited a desired change in social competencies during measure: the reporting period. Self -report or staff ratings are the most likely data sources. A. Number of program youth served during the program period with the noted behavioral change B. Total number of youth served during the reporting period C. Percent (A/B) Social Improve pro- Lang -term definition: Number and percent of program youth who Long-term competencies social behaviors exhibited a desired change in social competencies 6 months to 12 measure: months after exiting the program. Self -report or staff ratings are the most likely data sources. A. Total number of youth who exited the program 6-12 months ago who had the noted behavioral change B. Total number of youth who exited the program 6.12 months ago C. Percent A/B A. Number of program youth who NUMBER AND The number and percent of program youth who have successfully exited the program having completed program PERCENT OF PROGRAM fulfilled Program obligations and requirements. Program obligations filled all requirements YOUTH Increase will vary by program, but should be a predefined list of requirements or B Total number of youth who COMPLETING accountability obligations that clients must meet prior to program completion. Program records are the preferred data source. The total number of exited the program during the PROGRAM youth (B value) includes those youth who have exited successfully and reporting period (both successfully and REQUIREMENT S unsuccessfully. unsuccessfully) C. Percent A/B High Risk ZIP Codes by County High Risk Zip Codes The proposed project outlined in this grant application should primarily serve youth who reside in communities where most juvenile delinquent youth reside and; who commit non -serious delinquent acts. The following is a list of the top zip codes for each county as measured by the number of delinquency charges, delinquency referrals, and the number of youth living in the zip code referred to the Department for a delinquency offense. For each county, at least 50% of youth referred reside in the zip codes listed. The geography of some zip codes is such that only a small area of a given zip code may have a high concentration of delinquent youth. The program proposal should focus on schools within a zip code with a high concentration of delinquent youth and school initiated referrals to the Department of Juvenile Justice. This Department of Juvenile Justice, Bureau of Data and Research, data is for fiscal year 2005-06. School0t 0. Alachua 16.579 466 2 81 % 28 Lake 21,505 464 2 16% 22 Biker§ t...,i4,91t-a,.,_,. 447,,..0'87°Co, ,1.63X:<'.:a.r"r4'�,. .`;,9i..a.18c eat+ 15,294 305 1 99% 20 Leon 16,637 404 2 43% 24 V.Bradfor,,.2.17'+w 98'a.0 ��,. Nma3,51$ is gt,»emu.., t73%., _,.x ,'x44&°/a! Brevard 42.774 600 1 40% 14 ,184Y .... Liberty 651 4 0 61 % 6 Calhoun 1,332 15 1 13% 11 Manatee 21,981 558 2 54% 25 Charlotte, 40,i3$.2 -; 94f� Gs_. 19 ,A. Manwrsx n 24 4,2 :.. „27 ; .. <,.2t Citrus 9,341 116 1 24% 12 ,23,427 ., r , ., -�11 . Martin 10,755 231 2 15% 21 t Clay; 2Q,R?92.. x.5a41td..t.6#°lm �.7x wtonr 4 t 16 !>.xoer`F21 -t Svk, Collier 23,792 369 1.55% 16 Nassau 6,326 61 0 96% 10 Cd440a};5, 61 t 1 } 3 10%, . 14i 04"41$,54C;.. a , . r 7 " tl 52°fa . S F y,S 70 Dade 197,669 1,948 0 99% 10 Okeechob 3,846 135 3 51% 35 ""',, WAN :,}ai� a, .. ,. Dixie 1,233 13 1 05% 11 .,{"8813'`� ,. Osceola 28 782 584 2 03°/6 20 Dt7Ma1 t f 1.344 ra � t0 � �V 1 FI4%q OM .s . r ,.. Escambfa 24.788 654 2 64% 26 .., Pasco 35,948 367 t 02% 10 a E18Slief,.s.,8S7f,�><s,_z.���4?6,2���W M*;;a P*W. f � Franklin11 14 Polk 49,315 133(5�3 2Q �7{93 Y1.399% [7�4%,� j27� ��iN tPm 4 �" x�'^'..}'u•.S� it t.. CIA. Gilchrist 810 49 6.05% 60 ,2.`i£fi.Y1F.'1. .'.NY`f'2.°(�F�'1 St Johns 14,365 270 1.88% 19 Gulf 1,426 14 0 98% 10 Santa Ros 15,247 123 0 81% 8 !k i ...,,x Flamii[o r,. .29��,n 10t z'16 a a. 6 s �� SaC�4" 22.5i5` .r ... 31& ..139k,'.,6.14�.. Hardee 2,725 33 L21% 12 Seminole 39976 426 1,07% 11 7z Hernando 12,838 146 1.14% 11 Suwannee 3,633 91 2.50% 25 - m Hfllsborow 103,672 2,173 2 10% 21 Union 1,196 10 0 84% 8 Holp%¢ss?96#'r t1oi ,.569oi,r., : .&.,k!?luara,E:6,597%..,35 Indian Riw 110,130 109 1 08% 11 Wakulla 2,593 44 1 70% 17 s r JacT4 i9� sm 3 2M� tq 59%s.3. UVattatt 3,9f3.,.3 i „ .� . . . f1 Jefferson 686 15 2 19% 22 W2,084 40 1 Layslb`62t_ = �fl1[9 r91%28% W�11 a` 8 ;�,,•••., 6pul.0an m • a °Y arMd • nh n9 +° yay. we. &ia-O.Yrtin. d EWn .2W 0 MW. Wb 2N-1 °f. .d r.— M.froh., I,000.N _ u -afayette Washington Okaloosa Charlotte Lee Orange Rosa;-;; 'Bay.,, Dade Hiltsboroug Holmes, Liberty Glades ``, Columbia anta ,, .' Indian River Osceola Palm Beach Pinellas Union _ Jefferson`' Hernando Martln; Pasco.Polk r _ ., Nassau : :' Hendry Sarasota Lake Leon,LL; Seminole Volusia MadlsQrrr Coltrer __ Dixie Suwannee Clay Manatee Brevard Calhoun Jackson,,. ' St Johns , ,' ., _$cambia. ` duval , Walton r-% Hamilton Marion Hardee LLA; Gadsdenr :' 4„ /ltachua ,.,. Citrus TaXlor ; s Okeechobee �Ilghlattds St Lucie 1 School districts with 10,000 or less middle &high school 2 School districts with 10,001 - 29,999 middle & high school Franklin Flagler ` 3 School districts with 30,000 or more middle & high school Baker ,,,Brddfo1d 4 School districts whose referral rate was less than 20 students Monroe Putnam 5 School districts whose referral rate was 20 or more students APPLICATION PROCESS Prospective grant recipients shall follow the instruction below to qualify for a grant. The procedure for submitting proposal will follow a two -stage process. The first stage of the process is the submission of a concept paper. The concept papers will be scored and applicants will be selected based on those scores. The applicants will be notified of their selection and invited to complete the full Title Il — Safe Schools and Students Grant Application. Only those applicants that are selected based on the concept paper will be required to complete a full application. This process is intended to reduce the overall work required of grant applicants in that only those applicants successful in the first stage will be required to complete the entire grant application_ 17 Timeline Safe Schools and Students Project Release Date for Concept Paper Proposal August 7, 2007 Applicant Tutorial Training August 23-24, 2007 Concept Paper Proposals Due Date September 14, 2007 Fatal Flaw Review September 17-18, 2007 Proposal Scoring & Evaluations September 19 —October 10, 2007 Notification to Selected Applicants October 12, 2007 Final Application Due November 12, 2007 State Advisory Group Award Recommendations November 16, 2007 Earliest Grant Execution Date November 19, 2007 Mandatory Training for Awardees December 13-14, 2007 Project Start Date January 1, 2008 GENERAL INSTRUCTIONS 1. Each proposal is limited to 7 single -sided, 8.5x11 pages (excluding letters of support). No pages in excess of the 7-page limit (excluding letters of support) will be considered for scoring. 2. All proposals shall be typed, with 12-point font minimum and single-spaced. 3. Applicants shall address each section of the proposal clearly and precisely. Failure to respond to all sections will result in disqualification. CONCEPT PAPER PROPOSAL REQUIREMENT Section A - Project Information Applicants shall be Law Enforcement Agencies and/or Local Education Agencies (School Boards, Education Consortiums.) Section B - Agency Information Applicants shall ensure that all information is completed. Section C - Certification The original signature certifies that all information, facts and figures are true and that if awarded a grant, the agency will comply with all statutes, regulations, grant terms and conditions and procedures for project compliance and fiscal control. The signer is certifying that these funds will not be used to supplant other resources nor for any purpose other than the funded project and that he/she is authorized to commit the agency. Sections A, B, & C are attached for your convenience (Attachment A) Please sign in blue ink. Section D — Problem Recognition and Documentation The proposal must describe the problem and support the problem description with evidence. Section E — Proiect Description The applicant must effectively describe the broad program design as well as the day-to-day operation of the service, detailing, the number of staff and their function, the targeted staff and youth to be served, the hours and days of operation. The applicant should make the connection between the identified problem and the proposed project, providing a discussion of how success will be evaluated. Section F - Proiect Goals, Obiectives & Strategies Outline the major goal of the project. Provide clear, precise, measurable and performance -based deliverables and outcome objectives. Each proposal shall include a plan for the development and coordination of Safe Schools and Students projects in the specified target zip codes, making sure all of the appropriate agencies are participating. Each proposal shall include a plan to reduce the Disproportionate Minority Contact with the juvenile justice system. 9 Each proposal shall include a plan to educate school faculty, staff, and officials on the most appropriate response to delinquent behavior given the degree of severity. Each proposal shall outline innovative and effective methods to reduce arrests and reduce school - initiated referrals to the juvenile justice system. Section G- Collaborative Partners List the projects collaborative partners. (a) Include information that supports the selection of each identified SSSP partner. (b) Demonstrate the support and commitment of the required SSSP partners to implement and sustain the project if funded. All Concept Paper Proposals shall have, at a minimum, signed letter(s) of project support and commitment from the • Head of local law enforcement agency involved (Sheriff, Police and/or municipality law enforcement agency) — if proposal is submitted by Local Education Agency, or Native American Tribe • Head of local education agency (Superintendent of Schools and/or School Board Chair — if proposal is submitted by local law enforcement agency or Native American Tribe. Concept papers without such letters or agreements shall be disqualified. Existing interagency agreements may be submitted for review but will not substitute for program specific letters of support. Each letter must outline the collaborative partner's willingness to provide active and ongoing cooperation and detail the level of commitment to ensure the project objectives will be met. Section H - Detailed Budget and Budget Narrative Each budget shall fully disclose any proposed matching funds (may be cash or in -kind contribution). Budget items should be clearly stated, reasonable, and justified. Each Narrative must justify the cost efficiency of the project Each budget shall be outlined on the attached budget format (Attachment B) For those projects receiving matching funds from additional sources besides the Department of Juvenile Justice complete the Project Budget Match Funds Summary (Attachment Q. A link to the Florida Department of Financial Services Reference Guide for State Expenditures guide is attached for your review hums/Reference Guide for State Expenditures. Projects may request up to $100,000 each. 10 Section I — Timeline List specific activities. Proposal is not limited to the categories and activities provided. Provide a detailed timeline specifying when specific activities and milestones will be accomplished. DEADLINE Deliver the originally signed concept paper proposal, seven copies and one compact disc (CD) copy of the complete proposal saved in either Microsoft Word or Adobe Format no later than 5:00 PM Eastern Daylight Time on September 14, 2007. All proposals shall be delivered to: Safe Schools and Students Program Office of Research and Data Florida Department of Juvenile Justice 2737 Centerview Drive Suite 100 Tallahassee, Florida 32399-3100 The Department will not accept proposals submitted by electronic mail or by facsimile machine. If packages are delivered via private courier (e.g., FedEx, DSL) the phone number for the Office of Research and Planning is (850) 414-2238. It is the responsibility of the applicant to ensure that the Department, by the deadline date and time, receives deliveries. 11 Subsequently, for Notified Selected Applicants Only Proposals receiving an average score of 75% or higher will be invited to complete a full application. The full application will be distributed via electronic mail. Full Grant Application Delivery and Shipping Address: Full applications for Title II Delinquency Prevention grant funds (plus seven copies and one CD copy) of the complete proposal saved in either Microsoft Word or Adobe Format for FY 2007-2008 are due no later than 5:00 PM Eastern Daylight Time on November 12, 2007. Only applicants notified of their selection are permitted to submit full applications. All applications shall be delivered to: Title II DJJ Grant Applications Safe Schools and Students Program Office of Research and Planning Florida Department of Juvenile Justice 2737 Centerview Drive Suite 100 Tallahassee, FL 32399-3100 The Department will not accept applications submitted by electronic mail, on diskette or by facsimile machine. If packages are delivered via private courier (e.g., FedEx) the phone number for the Office of Research and Planning is (850) 414-2238. It is the responsibility of the applicant to ensure that the Department, by the deadline date and time, receives deliveries. 12 ♦ -T ♦ 11TTA4VXTT A 5FCEfaV a. PRO.WCT INFORMATION H1 1t%1.111TA A!iI T -- - --- - --- 1. Project Name 2. Amount of Grant Funds Requested SECTIONB AGENCYINFORIYIATION 1. Agency Name and Contact Name 2. Street Address 3. Mailing Address 3. City 5. Zip Code FL 6. Area Code, Telephone Number & 7. Area Code and Fax Number Extension of Contact Person 8. Federal Identification Number 9. Function (Check one) o Law Enforcement Agency o Local Education Agency o Other: 10. Name of Fiscal Officer 11. Fiscal Officer's Area Code, Telephone Number and Extension 12. Name of Sub -grantee Agency if Applicable 13. Mailing Address for Sub -grantee Agency if Applicable SECTION C. CERTIFICATION I do hereby certify that all facts, figures, and representations made in the application are true and correct. Furthermore, all applicable statutes, terms, conditions, regulations, and procedures for project compliance and fiscal control will be implemented to ensure proper accountability of grant funds. I certify that the funds requested in this application will not supplant funds that would otherwise be used for the purposes set forth in this project. The filing of this application has been authorized by the contracting entity and I have been duly authorized to act as the representative of the agency in connection with this application. I also agree to follow all terms, conditions, and applicable federal and state statutes. Type Authorized Official's Name Authorized Official's Title Authorized Official's Signature Date 13 ATTACHMENT B SAFE SCHOOLS AND STUDENTS PROGRAM BUDGET PROPOSAL The project budget summary shall display program costs to be paid by the Department if the project is funded. List all proposed budget line items. 1 2 3 4 5 Type of Expense Bud et - First year Note: Attach a narrative by line item to explain the ex ense and source for budget item Unit Cost Number of Units Amount Unit Total 1 2 3 4 5 6 7 8 9 10 11 TOTALS 14 ATTACHMENT C SAFE SCHOOLS AND STUDENTS PROGRAM BUDGET MATCH FUNDS SUMMARY For those projects receiving funds from additional sources besides the Department of Juvenile Justice complete the Project Budget Match Funds Summary. 1 2 3 7 8 Note: Attach a narrative explaining source of additional matching funds or contributions Budget Line Items Program Matching Funds Total Percent of Total for Match 1 2 3 4 5 6 7 8 9 10 11 TOTALS 15 AGENDA REQUEST COUNTY F L O R I D A TO: SUBMITTED BY: SUBJECT: ITEM NO. C-8 A DATE: September 11, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Management & Budget PRESENTED BY: Marie Gouin Request to approve Budget Resolution 07-260. BACKGROUND: On December 14, 2006 the Florida Department of Community Affairs (FDCA) Emergency Management Preparation & Assistance (EMPA) Grant #06BG-04-10-66-01-110 fund paid $2,912.65 to the Board of County Commissioners for it's portion of the fourth quarter General & Administrative (G&A) Charges. On January 9, 2007, the FDCA reimbursed the County $2,912.65 for the G&A Charges. But, the grant closed on September 30, 2006, resulting in the reimbursement revenue and expense for the G&A Charges to be posted in the 2007 fiscal year without a budget. This resolution is to establish the grant's budget in FY07. FUNDS AVAILABLE: 001299-2510-3342020-200 (Dept of Community Affairs -Pub Sfty) PREVIOUS ACTION: Approval of Budget Resolution 06-102 on March 28, 2006 and Fiscal Year 2006 Errata. RECOMMENDATION: Staff recommends the Board approve Budget Resolution 07-260. COMMISSION ACTION: [�j APPROVED [ ] OTHER Approved 5-0 County Attorney: [ ] DENIED ,=r CONCURRENCE: Doug Anderson County Administrator Coordination/Sign ture, Management & Budget: Other: Finance: (Check for Copy only, if applicable) / • OFFICE OF MANAGEMENT & BUDGET i MEMORANDUM #07-57 7 COUNTY F L Q R{ D A TO: Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: FDCA EMPA Grant FY07 budget balance DATE: September 11, 2007 On December 14, 2006 the Florida Department of Community Affairs (FDCA) Emergency Management Preparation & Assistance (EMPA) Grant #06BG-04-10-66-01-110 fund paid $2,912.65 to the Board of County Commissioners for it's portion of the fourth quarter General & Administrative (G&A) Charges. On January 9, 2007, the FDCA reimbursed the County $2,912.65 for the G&A Charges. But, the grant closed on September 30, 2006, resulting in the reimbursement revenue and expense for the G&A Charges to be posted in the 2007 fiscal year without a budget. This resolution is to establish the grant's budget in FY07 Staff requests approval of Budget Resolution #07-260 to establish budget of $2,913 for the EMPA grant in fiscal year 2007. RESOLUTION NO. 07- 260 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a Florida Department of Community Affairs Emergency Management Preparation & Assistance grant of $2,913. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 11th day of September, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 001299-2510-334202-200 Dept of Community Affairs -Pub Safety $2,913 APPROPRIATIONS 001299-2510-549110-200 General & Administrative Charges $2,913 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Joseph E. Smith, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS 11th DAY OF SEPTEMBER, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA L]'E CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: ITEM NO. C _ �3 -B DATE: September 11, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Management & Budget PRESENTED BY: Marie Gouin Adopt Budget Resolution 07-267 to correct the fund number of The Hurricane Housing Recovery Plan. In order to comply with Grant requirements, the error in the fund number for the Hurricane Housing Recovery Plan needs to be corrected retroactive to 10/1/06. Funds will be made available in 189201-6420-549605-600 =11 RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 07-267 to correct the error in the fund number for the Hurricane Housing Recovery Plan retroactive to 1011/06. This will bring us into compliance with grant requirements. COMMISSION ACTION: [?9 APPROVED [ ] DENIED [ ] OTHER: Approved 5-o CONCURRENCE: Doug Anderson County Administrator Coordination/Sig natures County Attorney: a Management & Budget: L Purchasing: Orig Dept: Finance: (Check for Copy only, if applicable) PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. RESOLUTION NO. 07.267 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds in the form of a Hurricane Housing Recovery Grant in the amount of $6,955,498, were assigned an incorrect grant number. This is to correct the error. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 11th day of September, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 185008-6420-335510-600 Florida Housing Finance-$6,955,498 189201-6420-335510-600 Florida Housing Finance $6,955,498 APPROPRIATIONS 185008-6420-549605-600 Domestic Subsidy-$6,955,498 189201-6420-549605-600 Domestic Subsidy $6,955,498 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Joseph E. Smith, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS 11th DAY OF SEPTEMBER, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST EVISED ITEM NO. C-8C DATE: September 11, 2007 REGULAR [ ] PUBLIC HEARING [ J CONSENT IXI TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Request approval to apply the general fund subsidy to the Airport toward lease payments for the Golf Course. BACKGROUND: On July 20, 1993, the Board of County Commissioners of St. Lucie County, Florida (County) entered into a lease agreement with the St. Lucie County Port and Airport Authority (Authority), whereby the County leased the property on which the Fairwinds Golf Course was constructed. Then, effective October 1, 1998, the Authority was dissolved by the State of Florida Legislature and resulted in the County assuming all of the obligations of the Authority. At 1996 Fiscal Year End, the Golf Course's liability and St. Lucie County Port and Airport Authority's (Airport) receivables were established for annual year-end accruals of rent and interest payables. Under the current agreement, the Golf Course has accumulated a liability to the Airport of $4,115,403.70. During the same time, the Board has subsidized the Airport fund with $9,068,162 from the general fund. We are requesting approval to apply the Golf Course's rent to the Airport from the General Fund by using funds that were budgeted to subsidize the Airport and move the Golf Course's liability from the airport fund to the general fund. Future lease payments will also be funded from the general fund subsidy to the Airport until such time as the Golf Course can pay the lease payments on its own. We are working with the FAA to make sure that they concur with this action. FUNDS AVAILABLE: 1 001-8110-591000-800 (Transfers to other funds) PREVIOUS ACTION: See Background. RECOMMENDATION: Staff recommends the Board approve applying the general fund subsidy to the Airport toward lease payments for the Golf Course. This would result in moving the Golf Course's liability from the airport fund to the general fund. COMMISSION ACTION: CONCURRENCE: W APPROVED [ ] DENIED ( ] OTHER Doug Anderson Approved 5-O County Administrator �, � Coordination/Signatures County Attorney: /�, Management & Budget: Other: Finance: (Check for Copy only, if applicable) d OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #07-63 TO: Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: Golf Course rent payable to the Airport DATE: September 11, 2007 On July 20, 1993, the Board of County Commissioners of St. Lucie County, Florida (County) entered into a lease agreement with the St. Lucie County Port and Airport Authority (Authority), whereby the County leased the property on which the Fairwinds Golf Course was constructed. Then, effective October 1, 1998, the Authority was dissolved by the State of Florida Legislature and resulted in the County assuming all of the obligations of the Authority. At 1996 Fiscal Year End, the Golf Course's liability and St. Lucie County Port and Airport Authority's (Airport) receivables were established for annual year-end accruals of rent and interest payables. Under the current agreement, the Golf Course has accumulated a liability to the Airport of $4,115,403.70. During the same time, the Board has subsidized the Airport fund with $9,068,162 from the general fund. We are requesting approval to apply the Golf Course's rent to the Airport from the General Fund by using funds that were budgeted to subsidize the Airport and move the Golf Course's liability from the airport fund to the general fund. Future lease payments will also be funded from the general fund subsidy to the Airport until such time as the Golf Course can pay the lease payments on its own. We are working with the FAA to make sure that they concur with this action. FISCAL YEAR 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2006 Int. adj 2007 2007 Rent adj 2007 Rent adj 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Total GOLF COURSE RENT & INTEREST PAYABLE TO AIRPORT Account #236900 - Advances From Other Funds RENT 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 107,925.00 975,000.00 $ 3,182,925.00 INTEREST 5,504.08 11, 338.30 19, 592.69 29,012.17 44,931.14 46,977.18 57,054.94 67,648.25 78,783.54 90,488.54 102,792.40 115,725.73 129,320.76 (10,302.37) 143,611.35 $ ' 932,478.70 GENERALFUND TRANSFER TO TOTAL AIRPORT 155,504.08 161,338.30 169,592.69 179,012.17 194,931.14 196,977.18 207,054.94 217,648.25 228,783.54 240,488.54 252,792.40 265,725.73 279, 320.76 (10,302.37) 293,611.35 107,925.00 975,000.00 $ 4,115,403.70 991,859.00 929,878.00 510,325.00 951,419.00 780,905.00 908,743.00 618,986.00 301,814.00 3,074,233.00 $ 9,068,162.00 10/1 /98-10/1l03 10/1 /03-10/1108 GABudget\ExcehjhGolf Course Yearly Rent & Int to Airport.xls LEASE AGREE NT 5330 THIS IS A LEASE AGREEMENT made on 1993, between the ST. LUCIE COUNTY PORT & AIRPORT AUTHORITY, a special taxing district ("LESSOR), and ST. LUCIE COUNTY, a political subdivision of the State cf Florida ("LESSEE") In consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, property situated in St. Lucie County, Florida, more particularly described on Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "premises" or the "leased premises"). 2. PURPOSE. Lessee agrees to use the premises as a golf course. The use of the leased premises by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the Federal Aviation Administration or its successor agency and is further subject to the terms, conditions, and regulations imposed by the Lessor. 3. MUTUAL REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that it has made, or had an opportunity to make, a thorough and complete inspection of the leased premises and is fully advised of its condition. Lessee fully accepts the leased Premises in its present state of condition. Lessor warrants that all steps, acts and conditions required of Lessor to be done as a condition precedent to the execution of this Lease have been done, and Lessor has full authority to enter into this Lease. 4. NO LIENS CREATED. Lessee covenants and agrees that it has no power to incur any indebtedness owing a right to a lien of any kind or character upon the right, title and interest of Lessor in and to the property covered by this Lease, and that no third person shall ever he entitled to any lien, directly or indirectly derived throLgh or under the other party, or its agents or servants, or on account of any act or emission of any other party. Ali persons contracting with Lessee, or furnishing materials or labor to Lessee, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of the lease. S. OPERATING COSTS. Lessee agrees promptly to pay when due all cf its operating, maintenance and servicing charges and costs, including telephone, gas, electricity, water, water connections, sewer, sewer connections, and all other expenses incurred in the use and operation of the leased premises. Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. 6. REPAIRS AND MAINTENANCE. Lessee agrees at its expense to keep and maintain the leased premises, including grounds, furnishings, fixtures and personal property in a good state of repair and condition. Lessee agrees at its expense to make all repairs to the leased premises, including electrical, plumbing, sewer, sewer conditions, structural and all other repairs that may be required to be made. Lessee at its expense, agrees to deliver to Lessor upon the termination of this lease, the entire leased premises in a good state of repair and condition, ordinary wear and tear, and damage by the elements or by fire excepted. Lessee shall be responsible for the maintenance and repair of all utilities service lines that Lessee is using (except common facilities, if any), including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers. Lessee shall, at all times during the term of this lease, take appropriate anti -erosion 2 measures with respect to all portions cf the leased premises. --n the event that Lessee fails in any material respect to so maintain, clean, repair, replace or rebuild the premises within a period of sixty (60) days after notice from Lessor to do so, or fails in any material respect diligently to pursue to comple-ion such repair, replacement, qr rebuilding, then Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace, or rebuild all or any part of the premises included in such notice, and cost shall he payahle by Lessee immediately upon demand of Lessor. 7. SIGNS AND OBSTRUCTION LIGHTS. Lessee shall have the right to erect, maintain or display any signs or any advertising on the exterior of the leased premises or within the leased premises, provided that such signs and advertising comply with all FAA or airport rules, regulations and ordinances. S. TERM; TERMINATION. The term of this Lease shall begin on October 1, 1990 and shall terminate' thirty (30) years from that date. If mutually agreed to by both parties, the term of this Lease may be extended an additional thirty (30) years. Delivery of the possession of the Leased Premises to Lessee shall be made on October 1, 1990. 9. RENT. Lessee's obligation to pay annual rent to Lessor shall only be effective to the extent gross annual revenues from the golf course operations exceed (1) annual expenses for operation, maintenance and repair, including reserves and replacement, of the golf course operation; (2) annual debt service payments for bonds issued by Lessee to finance the closure of the landfill; and, (3) any deferred expenses for (1) and (2). Lessee covenants and agrees tc establish golf course user fees that are comparable to those fees charged by surrounding municipal colt courses. To the extent fur_ds are used to pay for landfill closure costs and golf course operation and are not available to pay rent to Lessor, any unpaid rent shall he accrued � to the maxim -am annual rental amount plus 3 simple interest equal to the rate established by risccunt Rate ;'_dew York Federal Reserve Sank charge to member banks) and shall be paid l s, when funds are available to pay rent to Lessor. To the extent ui- funds are available to pay rent to Lessor, the rent shall be an amount not, to exceed one hundred fifty thousand and 0/100 dollars -; (5150,000-00),plus any unpaid accrued rent plus interest per year to/;�3):"fbeginning on October 1, 1993 and continuing on October 1 of each .?, S year thereafter. The rent shall be subject to fair and non- ,4j Cl 4.3D- 1'1"'P)discriminatcry ? review and adjustment at the end of each five (5) year period from th date of executio of this Agreement by or. ? The parties agree to use the Consumer Price Index ("U.S. City Average for Urban Wage Earners and Clerical Workers") as a guide in Q :t the rental rate review. When such rental rates are established and 5' approved by appropriate action of the Lessor, this Lease Agreement shall be considered amended, upon written notification by the Lessor to the Lessee of the establishment of the said rental rate applicable to the leased premises. 10. INSPECTION OF PREMISES. Lessor or its agents shall have the right to enter the leased premises and the buildings and improvements constructed on them at all reasonable hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this Lease. Lessor shall use its best efforts to not disturb the rights or business operations of Lessee or of any subtenants or occupants of the premises, except in the event of an emergency. 11. APPROVAL OF CONSTRUCTION• CONSTRUCTION BY LESSOR. Prior to any construction upon the premises by Lessee, including any alterations, changes or additions, Lessee shall submit to Lessor complete building plans for such proposed construction, and prior to such construction, the written approval of plans must be given by Lessor and the St. Lucie County Building and Zoning Department, which approval will not be unreascnably withheld, and any other applicable government or agency. Lessor reserves the richt to construct navigational aids and other airport 4 improvements on the leased property in such a manner that is compatible with the golf course improvements. 12. DEFAULT IN OTHER PROVISIONS. If Lessee shall default in the performance of any other tern, of this Lease (except the payment of rent), then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this Lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that the Lease is in default, and to use all remedies available to Lessor, including, but not limited to, remedies, procedures and rights specified in this Lease. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, Lessor shall not have the right to declare that Lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the Lease term ended and enforce all of its rights and remedies under this Lease for any other default not so cured. 13. INSURANCE. The parties agree to the following provisions pertaining to insurance: (a) Fire and Extended Coverage Lessee shall, at all times during the `erm of this Lease and at Lessee's sole expense, keep the contents of the leased facilities insured against loss or damage by fire and hazards customarily insured by extended coveraae in accordance with provisions of Chapter 2, Florida Statutes. Such insurance shall be obtained from a=_v insurance company 'licensed and authorized to do business in the State of Florida an" shall desicnate Lesscr as an additional named insured. A certificate of such insurance shall be provided by Lessee toLessorat the time of execution of this Lease, spec_fically prcvidina that the insurance shall not be amended or cancelled by the insurer until thirty (30) day=_ advance written nctice has been given to Lessor. 5 I (b) worker's Compensation Lessee shall carry, maintain and pay for all necessary workman's compensation insurance in its own name, as required by law. (c) Damage or Destruction to Leased Premises Except as otherwise provided in this Lease, if the premises or any part of them (including any leasehold improvements) shall be damaged or destroved, Lessee shall, to the extent of the insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to Lessee. Any other terms or provisions of this Lease Agreement pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased premises. If such a substantial portion of the leased premises is destroyed so that Lessee determines that Lessee cannot reasonably continue to utilize the leased premises until the same are repaired or replaced, then Lessee may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this Agreement, whereupon any insurance proceeds shall be paid to the holder of any leasehold mortgage which encumbers the leased premises in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any, shall be paid to Lessor_ 14. NOTICES. All notices required by law and by this Lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: LESSOR: St. Lucie Port and Airport Authority 2300 Virginia Avenue Fort Pierce, Florida 33482 LESSEE: St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 33482 or to such other address(es) as Lessor or Lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 15. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this Agreement shall be held invalid for any reason, the remainder of this Agreement shall not be affected. R 16. NONDISCRIMINATION. Lessee, in exercising any of the riches or privileges granted to it shall not on the grounds of race, color or national origin discriminate or permit discrimination against a,^.y persons or croup of persons in any manner prohibited by Part 21 of the Regulaticns of the Secretary of Transportation. Lessor is granted the rich-- to take such action, anything to the contrary in this Lease notwith- standing, as the United States may direct to enforce this nondiscrimination covenant. 17. STANDARD PROTECTION CLAUSES. Lessor reserves the right to itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, .together with the right to cause in the airspace such noise as may be inherent in the operation of aircraft, now known or later used, for the navigation of or flight in airspace, and for use of airspace for landing or., taking off from or operating on the airport. Lessee expressly agrees for itself, its successors and assigns to restrict the heights of structures, objects Of natural growth or other obstructions on the leased premises, to such a height so as to comply with Federal Aviation Regulations, Part 77, or any other applicable state, federal, or local regulation. Lessee expressly agrees for itself, its successors and assigns to prevent any use of the '_eased premises which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. 18. NONWAIVER. Failure of Lessor to insist upon the strict performance of any Of the covenants, conditions and agreements of this lease in any one or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the leased premises or of the remainder of t:�e ter-n shall be valid unless accepted by Lessor in writing. Lesser shall be cancer no 7 duty to relet the premises in the event of an abandonment or surrender or attempted surrender or attempted abandonment of the leased premises by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the premises, Lessor shall have the right to retake possession of the leased premises or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. 19. REMOVAL OF LESSEE'S PROPERTY BY LESSOR. If, under the terms of this Lease Agreement, Lessee is entitled to remove its property from the premises, but shall fail to do so on or before the termination or expiration of the term or on or before the termination or expiration of this Lease Agreement for any other cause specified herein then Lessor may remove such property and retain the same in its possession, and may sell the same at public auction, the proceeds of which shall be applied first to the expenses of such removal and storage and sale, and the balance paid to Lessee upon the demand of Lessee, providing that the proceeds of such sale exceed the expenses of such removal, storage and sale. 20. QUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the leased premises throughout the Lease term without interference, hindrance or molestation. Wherever this Lease requires Lessor's consent or approval, such consent or approval will not be unreasonably withheld. 21. RIGHT TO RECORD. Lessee shall have the right at its expense, to record this Lease in the Public Records of St. Lucie County, Florida. 22. DATE OF THIS AGREEMENT. Any reference in this Lease to the words "date of this Agreement" or date of this Lease" shay_ be deemed to be the date this Lease is executed by the party last executing same. n' IN WITNESS WHEREOF, Lessee has executed this Lease Agreement on this ').''w' day of BOARD OF COUNTY COF24ISSION RS ATTEST: ST. LUCIE COUNTY FLORIDA -tom Lc�2� ay: y Clerk ' �> a `� airman APPRO-v-ED� S TO FORM V rz l..o ` cov /. coax Courtty Att:)rne, IN WITNESS WHEREOF, Lessor has executed this ase Agreement %1 cn this ' 7 L day of f lq9 ST. LUCIE COUNTY PORT AND ATTEST: AIRPORT AUTHORITY, a special / tax' district Y. Dep ty Clerk — u�. Che man i �) t• - _ - ,, r� �.: o ire,;;;;: •.1.. G:\Agze —t\Lee-Go'_£ Q LEGAL DESCRIPTION OF LEASE!PARCEL 4 TRAC1 OF LAND LYING IN SEC TIDNS 19, 2C, 29, AND 30, TOWNSHIP 34 SOU1H, RANGE 40 EAST, ALL BEING IN ST. LUCIE COUNTY, FLOP IDA, AND BEING HOPE PARTICULARLY DESCRIBED AS FOLLOWS: EEG INNIPIG AT THE WEST GUARTER CORNER (NORTHWEST CORNER OF THE SOUTHWEST ONE-DUARTER) OF SECTION 20, TOWNSHIP 34 SOUTH, RANGE 40 EAST, THENCE NORTH 89'53'47' EAST, ALONG THE EA5T-WEST OUARTER SECTION LINE, A DISTANCE OF 5327,68 FEET TO THE EAST OUARTER CORNER [NORTHEAST CORNER OF THE SOUTHEAST ONE OUARTER) OF SAIC SECTION 20; THENCE SDUT 00'43'35- EAST, ALONG THE EAST LINE 0= THE SOUTHEAST QUARTER OF SAID SECTION 20, A DISTANCE OF 64.00 FEET; THENCE SOUTH 81'05'00' WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 226.3C FEET: THENCE NORTH 69' 49- 05' WEST, 1CiS. 47 FEET; THENCE NORTH 86' 03' 25' WEST, 843. 43 FEET; THENCE SOUTH 52' 31' 06' WEST, 370, 37 FEET; THENCE SOUTH DO. 06' 2E' EAST, 497.13 FEET; THENCE SOUTH 2 1 ' 35' 32" EAST, 362. 25 FEET; THENCE SOUTH 28' 05' ! 5' EAST, 386. 58 FEET; T':-'ENCE SOUTH 22' 28' 13' EAST, 43 i. 57 FEET; THENCE SOUTH 24' 42' 03' WEST, 315.88 FEET; THENCE SDUTH 33' 30' 33" WEST, ! 54. 89 FEET; THENCE SOUTH 84' 36' 47' WEST, . 157.75 FEET; ,THENCE NORTH 16' 27' 23" WEST, 523. 45 FEET; THENCE SOUTH 38' 24' 25' WEST, 252. 76 FEET; THENCE SOUTH 08' 44' 49" WEST, • 258: 72 FEET; T ENCE NORTH 84' S3' 32' WEST, 157.88 FEET; ' THENCE NORTH 54' i0'.44' WEST, 252. BB FEET; .THENCE SOUTH 09' 08' 54' WEST, : 433. 25 FEET; :-JHENCE SOUTH 66' 54' 53' WEST, 130. CS FEET; THENCE NORTH, 67' 08' 11' WEST, 240. 29 FEET; THENCE NORTH -'I' C7' 11' WEST, - 445: 07 .FEET; _-.THENCE SOUTH 75' ! 2' 05' WEST, 406.82 FEET; THENCE -SOUTH:25' 39' 33" EAST, 398. 83 FEET; THENCE SOUTH 57, 17' 331 WEST, 326. 45 FEET; .THENCE SOUTH 87. 52' 19' WEST, 882.62 FEET: THENCE :NORTH B9. 4S"08' : WEST.< 706. 62 FEET; THENCE NORTH 32' 27' 50' WEST; 190.23 FEET; .THENCE NORTH 00' 57' 47' WEST, 1929. 44. FEET; THENCE -NORTH 58' 41' i 1' WEST, 944. 79 FEET; THENCE NORTH 02' 50' C5' EAST, 630. 25 FEET -TO A POINT OF., INTERSECTION WITH THE NORTH LINE CF THE -SOUTHEAST GUARTER. OF SECTIO".,_' ! 9, TOWNSHIP 34 SOUTH, RANGE 40 EAST;:; THENCE•:.NORTH .89' 3 i' 16' EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1464.77`FEET 70 THE 'WEST. OUARTER CORNER OF SECTION 20 AND THE,;POINT•OF:'BEG INN.ING. SA I D LAND CONTA I INS 228. 78 ACRES, MORE OR LESS.-. SUBJECT TO RIGHTS OF WAY, EASEMENTS OF RECORD. ,''RESTFI'CTIONS, AND AESE.RYATIDNS iin�ri�r�' - _.''n i+it t 1C :' , ., ..eh G , .. . , n:- .•,.:. • . .- EXHIBIT "A" AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT ITEM NO. C-9-A DATE: September 11, 2007 REGULAR( ) PUBLIC HEARING( ) CONSENT(X) PRESENTED BY: DIANA LEWIS, DIRECTOR SUBJECT: Request for approval of the LPA Group Inc. Work Authorization No. 5 for consultant services for the Gopher Tortoise Relocation Area Conservation Management Plan at the St. Lucie County International Airport, for a lump sum amount of $63,975. BACKGROUND: Gopher tortoises had to be relocated for the construction of the Aircraft Rescue and Firefighting Facility and Fixed Based Operator Ditch Relocation projects. Permits were obtained but were conditioned on providing an area and a multi -year mitigation plan for the relocated gopher tortoises. This request is to provide professional services to complete the required first year site evaluation survey, removal of exotic/nuisance vegetation, preparation of an annual monitoring report, and any coordination with agencies. This project will be funded with an 80% grant from the Florida Department of Transportation, JPA No. 412398-1-94-01 FUNDS AVAILABLE: 140334-4220-531000-400 Professional Services PREVIOUS ACTION: FDOT JPA approved May 2004. Budget Resolution 04-167 approved July 2004 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve LPA Group Inc. Work Authorization No. 5 for consultant services for the Gopher Tortoise Relocation Area Conservation Management Plan at the St. Lucie County International Airport, for a lump sum amount of $63,975, and to authorize the Chair or designee to execute same. COMMISSION ACTION: (>I APPROVED () DENIED ( ) OTHER Approved 5-0 CONCURRENCE: DOUG ANDERSON COUNTY ADMINISTRATOR Coordination/Signatures County Attorney( Mgt. & Budget () Purchasing ( ) Originating Dept. Other O IN Other( ) Finance: (check for copy, only if applicable) BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: August 23, 2007 AIRPORT Diana Lewis, Director Re: Request for approval of the LPA Group Inc. Work Authorization No. 5 for consultant services to prepare a Gopher Tortoise Relocation Area Conservation Management Plan at the St. Lucie County International Airport, for a lump sum amount of $63,975. The Aircraft Rescue and Firefighting Facility located at the corner of Industrial 33rd Avenue and Industrial Avenue 3, is currently under construction. Permits required to build this facility included a gopher tortoise relocation permit. Additionally, gopher tortoises impacting the Fixed Base Operation Ditch Relocation project, located northwest of the Jet Service Center Leasehold, have been permitted for relocation. An area has been identified for the relocation of these tortoises but the permits require the implementation of a multi -year management plan to protect the tortoises. This request is to provide professional services to complete the required first year site evaluation survey, removal of exotic/nuisance vegetation, preparation of an annual monitoring report, and any coordination with agencies. This project will be funded with an 80% grant from the Florida Department of Transportation, JPA No. 412398-1. Staff recommends that the Board of County Commissioners approve LPA Group Inc. Work Authorization No. 5 for consultant services for the Gopher Tortoise Relocation Area Conservation Management Plan at the St. Lucie County International Airport, for a lump sum amount of $63,975, and to authorize the Chair or designee to execute same. WORK AUTHORIZATION NO. 05 CONTRACT C07-04-213 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2007, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and THE LPA GROUP INCORPORATED, hereinafter referred to as the "Consultant'. WIT NESSETH: • WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07-04-213) hereinafter referred to as "Contract' with the Consultant to .provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which Is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County International Airport — Runway 27 Gopher Tortoise Relocation Area Conservation Management Plan (hereinafter referred to as "the Project'.) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-04-213). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein Page 1 of 3 3. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall not exceed a total lump sum amount of sixty-three thousand nine hundred seventy-five and 00/100 dollars ($63,975.00), as further detailed in Exhibit "B". 4. CONTRACT DQCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COM( LETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice To Proceed, and shall Complete all work within the schedule described in Exhibit °C". C. The period herein above specified for project completion may be extended by such time as shall be approved by the County, or the Contract may be cancelled by the County with the County invo�ing all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld frorp any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple Copies, each of which shall be considered an original on the following dates. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS, COUNTY ATTORNEY Page 2 of 3 THE LPA GROU NCQ�qfiL�TE i r BY ` Print Name: Mohsen Mohammadi, Ph.D., P.E. Title: Vice President Page 3 of 3 EXHIBIT A SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT FPR TASK NO. 05 RUNWAY 27 GOPHER TORTOISE RELOCATION AREA CONSERVATION MANAGEMENT PLAN YEAR 1 IMPLEMENTATION St. Lucie County (CLIENT) has contracted THE LPA GROUP INCORPORATED (LPA) to implement the first year of the plan for the Gopher Tortoise Relocation Area (Project Area) that was permitted on June 7, 2006 under Florida Fish and Wildlife Conservation Commission (FFWCC) Permit WR06152 for St. Lucie County International Airport (AIRPORT). The project area is approximately 32.91 acres in size and is located at the end of Runway 27 (Exhibit B-1). It is the recipient area for gopher tortoises that were relocated from the AIRPORT Rescue Fire Fighting Facility. This PROJECT involves the development of a Conservation Management Plan and the implementation of the first year of proposed activities in the Conservation Management Plan. The following is a description of the anticipated key tasks that will be conducted by LPA. TASK I. DATA COLLECTION AND REVIEW LPA will review the FFWCC permit and correspondence from St. Lucie County Environmental Resources Department (ERD) regarding the project. LPA will coordinate with FFWCC and ERD to verify regulatory requirements for the Conservation Management Plan. Prior to the site evaluation survey LPA will determine the GPS coordinates of the transects for the gopher tortoise survey, identify potential panoramic photo stations on an aerial photograph and determine potential permanent vegetation monitoring stations. The CLIENT will provide the following documents: 1. Copy of the FFWCC Permit; 2. Copies of correspondence with ERD; and 3. Previous environmental studies and reports concerning the Project area. Assumptions: • The CLIENT will provide all available PROJECT data, including electronic files, within five (S) business days after the Notice to Proceed. St. Lucie County FPR Task No.5 Pagel of 5 St. Lucie County International Airport July 24, 2007 R27 GTHCA Development & Year 1 Implementation TASKZ SITE EVALUATION SURVEY LPA will perform a site evaluation survey to document the existing conditions of the Project Area prior to implementation of proposed management practices in the Conservation Management Plan. The site evaluation survey will provide the following: 1. Location and estimated extent of exotic and/or nuisance vegetation; 2. Dominant shrub and groundcover species; 3. Dominant tree species and estimate of canopy cover; 4. Number and location of gopher tortoise burrows within the Project area including their activity status (active, inactive, abandoned); and 5. General wildlife survey. The limits of the Project area will be marked using stakes with flagging tape. Gopher Tortoise Survey Recorded data will consist of both direct sightings and indirect observations (e.g. burrows, scratchings, browsed vegetation, or other evidence). Observations regarding gopher tortoises will be recorded in a field data book and the gopher tortoise burrow locations will be recorded using a handheld GPS unit. Gopher tortoise burrow locations will be depicted on an aerial photograph. Additionally, gopher tortoise burrows will be flagged to provide protection and minimize disturbance during the maintenance activities. The gopher tortoise surveys will be conducted in accordance with the Wildlife Methodology Guidelines published by the FFWCC. The location of the transects are depicted in Exhibit B-1. Vegetation Survey and Monitoring Plots The vegetation survey will be conducted using permanent 1-meter square plots and random 5-meter square sampling plots to categorize existing groundcover at the Project Area. One permanent 1-meter square vegetation monitoring plot will be established, recorded with a handheld GPS and marked with stakes at each transect (Exhibit B-1). As discussed in the Conservation Management Plan a total of three (3) randomly selected vegetation plots along each transect will be surveyed for species composition and estimated cover. Photo Stations Panoramic photographs will be taken at photo stations designated in the Conservation Management Plan. The photo station locations will be recorded using a handheld GPS and marked with a PVC pole and flagging tape. Assumptions: • The CLIENT will provide security clearance, access, and escort to the Project Area. St. Lucie County FPR Task No.5 Page 2 of 5 St. Lucie County International Airport July 24, 2007 R27 GTHCA Development & Year 1 Implementation TASK 3. MAINTENANCE Initial Maintenance Event LPA will perform one initial maintenance event to control nuisance and exotic vegetation within the Project Area. Targeted species will include grapevine (IVitis spp.), winged sumac (Rhus copallina), Brazilian pepper (Schinus terebinthefolius), punktree (Melaleuca quinquenervia) and other Florida Exotic Pest Plant Council's (FLEPPC) Category I and II nuisance and exotic plant species. Grapevine will only be treated in areas where its total coverage exceeds 50 percent. Methods of treatment will consist of selective cutting and stump treatment for exotic plant species and foliar treatment for nuisance plant species. All exotic vegetation debris will be disposed off site. A biologist licensed to apply herbicides in the State will supervise all work. Follow-up Maintenance Event A follow-up maintenance event will be performed 30-days after the initial maintenance event. The same control and management methods utilized in the initial maintenance events will be employed Quarterly Maintenance Event LPA will perform four (4) quarterly maintenance events to control nuisance and exotic plant species in the Project Area. The first maintenance event will occur 90-days after the initial maintenance event. Three additional quarterly maintenance events will be performed at 90-day intervals. The same control and management methods utilized in the initial maintenance events will be employed Assumptions: • The CLIENT will provide security clearance, access, and escort to the project Area for each maintenance event. TASK 4. ANNUAL MONITORING LPA will perform the first annual monitoring event to survey and document the conditions of the Project Area after the first year of implementing proposed management practices in the Conservation Management Plan. The survey will provide the following: 1. Location and estimated extent of exotic and/or nuisance vegetation; 2. Dominant shrub and groundcover species; 3. Dominant tree species and estimate of canopy cover; 4. Number and location of gopher tortoise burrows within the Project Area including their activity status (active, inactive, abandoned); and 5. General wildlife survey. St. Lucie County FPR Task No.5 Page 3 of 5 St. Lucie County International Airport July 24, 2007 R27 GTHCA Development & Year 1 Implementation Gopher Tortoise Survey Recorded data will consist of both direct sightings and indirect observations (e.g. burrows, scratchings, feeding on vegetation, or other evidence). Observations regarding gopher tortoises will be recorded in a field data book and the gopher tortoise burrow locations will be recorded using a handheld GPS unit. Gopher tortoise burrow locations will be depicted on an aerial photograph. New gopher tortoise burrows will be flagged to provide protection and minimize disturbance during the maintenance activities. The gopher tortoise surveys will be conducted in accordance with FFWCC Wildlife Methodology Guidelines. Vegetation Survey and Monitoring Plots LPA will survey the established permanent 1-meter square plots and random 5-meter square sampling plots to categorize existing groundcover at the Project Area. A total of three (3) randomly selected vegetation plots along each transect will be surveyed for species composition and estimated cover. Photo Stations Panoramic photographs will be taken at the designated photo stations. Assumptions: • The CLIENT will provide security clearance, access, and escort. TASK S. ANNUAL REPORT PREPARATION LPA will prepare the Conservation Management Plan Annual Report. Management practices implemented for the first year along with the results of the site evaluation survey and annual monitoring event will be documented in the Annual Report. The findings of the site evaluation survey will be compared to the results on the first annual monitoring event. Changes in vegetation composition, especially estimated cover of nuisance and exotic species will be discussed. Assumptions: • A copy of the Annual Report will be forwarded to FFWCC and ERD. TASK 6. AGENCY COORDINATION LPA will coordinate, schedule and attend one meeting with representatives from FFWCC and ERD to perform a field review of the Project Area. LPA will draft meeting minutes and forward them to the CLIENT and other attendees. St. Lucie County FPR Task No.5 Page 4 of 5 St. Lucie County International Airport July 24, 2007 R27 GTHCA Development & Year 1 Implementation Assumptions. • The meeting will be completed in two hours. • The CLIENT will provide security clearance, access, and escort to the project area for the field meeting. • A representative of the CLIENT will attend the field meeting. TASK 7. CLIENT COORDINATIONAND MEETING LPA will coordinate, schedule and attend a meeting to discuss the results of the first year of implementation and measures recommended for the second year of implementing the Conservation Management Plan will be discussed with the CLIENT. LPA will coordinate all project activities with the CLIENT and prepare monthly progress reports on activities completed for the month and future planned activities for the project. DELIVERABLES Four (4) hard copies of the Habitat Conservation Management Plan Annual Report, two of which will be forwarded to FFWCC and ERD, and one CD containing files of the report in portable document format (pdf). COST ESTIMATE Exhibit B-2 provides for all manpower and expenses necessary to complete the outlined Scope of Work for a total lump sum amount of $63,975.00 (Sixty-three Thousand, Nine Hundred Seventy -Five Dollars and no cents). Actual billing will be lump sum based upon a percent complete of the project in accordance with the Master Agreement between the LPA and the CLIENT. St. Lucie County FPR Task No.5 Page 5 of 5 St. Lucie County International Airport July 24, 2007 R27 GTHCA Development & Year 1 Implementation Exhibit C : Hour and Fee Estimate ST. LUCIE COUNTY, FPR TASK NO. ST. LUCIE COUNTY INTERNATIONAL AIRPORT Gopher Tortoise Relocation Area at Runway 27 Conservation Management Plan Year 1 Implementation 0512SM7 Pape B-1 of 2 Exhibit C : Hour and Fee Estimate ST. LUCIE COUNTY, FPR TASK NO. ST. LUCIE COUNTY INTERNATIONAL AIRPORT Gopher Tortoise Relocation Area at Runway 27 Conservation Management Plan Year 1 Implementation 7 y SSSSS_ IlsrJfask Description a� u� TOW anm o.r. f189.00 f189.00 f182.00 $162.00 $135,00 $120.00 $".00 $78.00 $72A0 �oMFL =0Mm W- aw Total Subconsullant- $15.730.00 TOTAL LUMP SUM AMOUNT: $63,975.0. 05/25/07 Page B-2 of 2 EXHIBIT C PROJECT SCHEDULE ST. LUCIE COUNTY — FPR Task No. 05 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 27 GOPHER TORTOISE RELOCATION AREA CONSERVATION MANAGEMENT PLAN YEAR 1 IMPLEMENTATION LPA will initiate project activities immediately upon receipt of authorization to proceed. We anticipate completion of project activities and submittal of a Annual Monitoring Report 470 days from the authorization to proceed. �1^w�2 - `•� s,� �� �v a* r y Mc. �✓t v^. `_ � � .7 ^y a � wa a t e y. _ i �.. � Y. 4 Receipt of Notice to Proceed 0 September 17, 2007 Receipt of PROJECT documents 7 September 24, 2007 Data collection and Review 21 October 8, 2007 Site evaluation survey 30 October 17, 2007 Initial maintenance event 35 October 22, 2007 Follow up maintenance 65 November 22, 2007 Quarterly maintenance 1 95 December 22, 2007 Quarterly maintenance 2 185 March 22, 2008 Quarterly maintenance 3 275 June 22, 2008 Quarterly maintenance 4 370 September 22, 2008 Annual monitoring 390 October 12, 2008 Agency review meeting 409 November 1, 2008 Annual monitoring report submittal 450 December 12, 2008 St. Lucie County FPR Task No. 5 Page 1 of 1 St. Lucie County International Airport July 24, 2007 R27 GTHCA Development & Year 1 Implementation AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT ITEM NO. C-9-B DATE: September 11, 2007 REGULAR( ) PUBLIC HEARING ( ) CONSENT(X) PRESENTED BY: DIANA LEWIS. DIRECTOR SUBJECT: Request for approval of the First Amendment to the Kimley Horn Work Authorization No. 26 for consultant services for Relocation of the Existing Drainage Ditch in the Fixed Base Operator (FBO) Development Area at the St. Lucie County International Airport, increasing the total amount by $43,010 for a new lump sum amount of $201,150. BACKGROUND: The Board held a workshop in November 2003 to discuss the aviation development of approximately 10 acres of property located at the intersection of Taxiway E and B at the airport. The Board directed staff to relocate an existing ditch and complete the environmental mitigation for the ditch before the site could be made available for development. In September 2006, the Board approved Work Authorization No. 26 for engineering services to relocate approximately an 800 foot section of an existing drainage ditch in the FBO development area. Relocation of the existing drainage ditch in the FBO development area completes the project set forth at the workshop and will enable the FBO to begin development. This project is funded with an 80% grant from the Florida Department of Transportation. This request is to amend Work Authorization No. 26 to add services to cover the unanticipated permitting requirements for this project, which has been more involved than originally anticipated. This is in part because of protected species on -site and the requirement to go through a conditional use permit adjustment. The consultant had hoped that they would be able to cover these tasks with existing funds; however, the level of effort has proved to be beyond their means to accommodate it within their budget. The additional scope and cost is to cover work already completed as well as an additional scrub jay survey of the mitigation area and the continuing coordination with all the agencies and consultants involved in the mitigation for the runway to coordinate efforts. An 80% grant from the Florida Department of Transportation (JPA 412398-1) will fund this additional work. FUNDS AVAILABLE: 140334-4220-563005-400 Infrastructure Consulting Engineer PREVIOUS ACTION: Board approved Work Authorization #26 in September 2006. FDOT JPA approved May 2004. Budget Resolution 04-167 approved July 2004. RECOMMENDATION: Staff recommends that the Board of County Commissioners approval of the First Amendment to the Kimley Horn Work Authorization No. 26 for consultant services for Relocation of the Existing Drainage Ditch in the Fixed Base Operator (FBO) Development Area at the St. Lucie County International Airport, increasing the total amount by $43,010 for a new lump sum amount of $201,150, and to authorize the Chair or designee to execute same. COMMISSION ACTION: APPROVED O DENIED () OTHER Approved 5-O CONCURRENCE: DOUG ANDERSON COUNTY ADMINISTRATOR 021 Coordination/Sig natures County Attorney V Mgt. & Budget () D Purchasing( ) Originating Dept. 9= Other( Other ( ) Finance: (check for copy, only if applicable) 0 BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: August 23, 2007 AIRPORT Diana Lewis, Director Re: Request for approval of the First Amendment to the Kimley Horn Work Authorization No. 26 for consultant services for Relocation of the Existing Drainage Ditch in the Fixed Base Operator (FBO) Development Area at the St. Lucie County International Airport, increasing the total amount by $43,010 for a new lump sum amount of $201,150. The Board held a workshop in November 2003 to discuss the aviation development of approximately 10 acres of property located at the intersection of Taxiway E and B at the airport. The Board directed staff to relocate an existing ditch and complete the environmental mitigation for the ditch before the site could be made available for development. In September 2006, the Board approved Work Authorization No. 26 for engineering services to relocate approximately an 800 foot section of an existing drainage ditch in the FBO development area. Relocation of the existing drainage ditch in the FBO development area completes the project set forth at the workshop and will enable the FBO to begin development. This request is to amend Work Authorization No. 26 to add services to cover the unanticipated permitting requirements for this project, which has been more involved than originally anticipated. This is in part because of protected species on -site and the requirement to go through a conditional use permit adjustment and site planning. The consultant had hoped that they would be able to cover these tasks with existing funds, however, the level of effort has proved to be beyond their means to accommodate it within their budget. The additional scope and cost is to cover work already completed as well as an additional scrub jay survey of the mitigation area and the continuing coordination with all the agencies and consultants involved in the mitigation for the runway, which also affects this project. An 80% grant from the Florida Department of Transportation (JPA 412398-1-94-01) will fund this additional work. Staff recommends that the Board of County Commissioners approval of the First Amendment to the Kimley Horn Work Authorization No. 26 for consultant services for Relocation of the Existing Drainage Ditch in the Fixed Base Operator (FBO) Development Area at the St. Lucie County International Airport, increasing the total amount by $43,010 for a new lump sum amount of $201,150, and to authorize the Chair or designee to execute same. FIRST AMENDMENT TO WORK AUTHORIZATION NO.26 St. Lucie County International Airport CO3-10-636 Relocation of Existing Drainage Ditch In FBO Development Area Pursuant to that certain Contract (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc., (the "Engineer") dated October 14, 2003, the Engineer hereby agrees to perform and successfully complete the Addendum to the Scope of Services, pursuant to the schedule, attached hereto and made a part hereof as Exhibit "B". Compensation to the Engineer shall be as described in the attached Exhibit "A". IN WITNESS WHEREOF, the County and the Engineer have executed this Work Authorization, effective this day of 2007. ATTEST: 17424-6E44A:T BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: KIMLEY-HORN AND ASSOCIATES, INC. BY: Print Name: Title: EXHIBIT B Addendum to the Scope of Services FOR St. Lucie International Airport Relocation of Existing Drainage Ditch in FBO Development Area Overview Work authorization No. 26, dated October 24, 2006 was prepared in a good faith effort to include all items required to complete the project. In accordance with that work authorization, Kimley-Horn has performed all the services outlined in the scope, including the required services for obtaining the following permits: a modification to an existing South Florida Water Management District Permit, a St. Lucie County Vegetation Clearing Permit, and a Nationwide Dredging and Filling Permit from the US Army Corps of Engineers. Unfortunately, due to unforeseen requirements, we have been called on to perform services outside those contracted for. Specifically we have been asked to provide additional services for procuring a St. Lucie County Conditional Use Permit, a St. Lucie County Site Plan Approval, and approval from the US Fish and Wildlife Service (USFWS). This addendum will add three tasks to the original Exhibit A Scope of Services as required to complete the services for the relocation of an approximate 800 foot section of an existing ditch in the FBO Development Area at St. Lucie International Airport. Our Additional Services are as follows: Task 5: St. Lucie County Conditional Use Permitting and Site Plan Approval The engineer will prepare exhibits, complete forms, and prepare a boundary survey to procure a St. Lucie County Conditional Use Permit and Site Plan Approval. Deliverables will include the following items: 1. Site Plan Application-30 Copies 2. Site Plan Graphics-30 Copies 3. Safety Plan (Phasing) —30 Copies 4. Boundary/Topographic Survey-30 Copies 5. Environmental Impact Reports-5 Copies 6. Preliminary Drainage Data-5 Copies 7. Aerials-3 Copies 8. St. Lucie County property Appraiser Tax Map-3 Copies 9. Floodplain-30 Copies 10. SFWMD Conceptual Approval-30 Copies 11. Vegetation Removal Plan-30 Copies HA044721023Troject Management\Exhibit B.doc Task 6: US Fish and Wildlife Service (USFWS) Approval The engineer will coordinate with the Client, the USFWS and PBS&J to establish the required mitigation area for scrub jay (Aphelocoma coerulescens) habitat. The mitigation area will be located within a proposed conservation easement which is being prepared by PBS&J under a separate contract. The conservation easement will be located in the northeastern corner of the Airport's property. The engineer will also coordinate with PBS&J regarding details and drafting condition language for the SFWMD permit for USFWS approval. Task 7: Scrub Jay Survey of Conservation Easement The engineer will conduct a scrub jay (Aphelocoma coerulescens) survey in the scrub portion of the proposed mitigation area for the new runway construction as shown on the Airport Layout Plan prepared by PBS&J dated August 2007. The survey will be conducted according to the USFWS June 28, 2004 Florida Scrub jay Survey Protocol. The results of the survey will be submitted to the Client and the USFWS in a brief memorandum. Schedule We anticipate completing tasks 5, 6, and 7 by January 31, 2008. 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N IL N O D O 7 F ..i ILCL M0 a w X � O O CR � I- vl tG 1� f a w a WORK AUTHORIZATION NO.26 St. Lucie County Board of County Commissioners St. Lucie County International Airport Agreement No. CO3-10-636 Relocation of Existing Drainage Ditch in FBO Development Area Pursuant to that certain Contract (the "Agreement") between St. Lucie County (The "County"), as successor in interest to the St. Lucie County Port and Airport Authority, and Kimley-Horn and Associates, Inc. (the "Engineer") dated October 14, 2003, the Engineer agrees to perform and successfully complete the Scope of Services along with the schedule for completion of the work attached hereto and made a part hereof as set forth in Exhibit A. Compensation to the Engineer shall be as described in Exhibit B. IN WITNESS WHEREOF, the parties have caused this Work Authorization to be executed and delivered, effective as of 200A6 cJ�tcouRr. ATTEST: L 11 BOARD OF COUNTY COMMISISONERS I o ST. LUCIE CO TY, RIDA o c ;¢�CAAIRMAN WM/Mall, a Ai'i'I�-.cl)B►`/_10!] INC. BY: (�^ David R. Bardt, P.E., Vice President DATE: `A (VA oC. EXHIBIT A SCOPE OF SERVICES FOR St. Lucie International Airport Relocation of Existing Drainage Ditch in FBO Development Area Overview The general scope is to provide professional engineering services for improvements at St. Lucie County International Airport. This work order involves site preparation of construction documents for relocation of an approximately 800 foot section of an existing drainage ditch in the FBO Development Area at St. Lucie International Airport. Task 1: Kick-off Meeting and Records Review A kick-off meeting will be held to define project requirements and coordinate field investigation activities. Engineer's Project Manager will meet with the County to define the proposed project elements, potential alternatives including relocation as an open ditch, confining flow to a pipe system or a combination of both. Engineer's Project Manager will meet with the County and the current tenant to discuss project and impact on tenant operations and development plans. Task 2: Design Phase During the design phase, the Engineer will prepare drainage calculations, construction plans, technical specifications, Engineering Report and a Preliminary Opinion of Probable Construction Cost for the relocation of the existing drainage ditch from the intersection of Taxiways Bravo and Delta to the connection to the pipe on the west side of Jet Service Center Dr. This will include construction of a new ditch, pipe or combination system and backfilling of the existing ditch. The plans will be developed in a manner to maintain the drainage outfall during construction. It is anticipated that the plan sheets will include: 1. Cover Sheet 2. Notes and Quantities Sheet 3. Safety Plan 4. Safety Notes and Details (2 sheets) 5. Existing Conditions Plan 6. Plan Sheets (3 sheets) 7. Detail Sheets (3 sheets) Engineer will submit plans, technical specifications, and Engineering Report to the County for review at 90% & 100%. Comments or questions raised by the County at this review will be incorporated in the plans. Engineer will prepare drainage calculations including pre and post development calculations to determine proper size of new ditch or pipes. Engineer will prepare permit applications for modification of existing SFWMD permit to allow construction. Engineer will prepare vegetation clearing permit application for completion by the contractor. Contractor will be required to provide information and actually "pull" the permit. Engineer will prepare permit applications for nationwide dredge and fill permit (Section 404) from the US Army Corp of Engineers and respond to on request for additional information. Site plan approval, other environmental permits and any other permits required are not included in this task order. Deliverables: 1. 5 copies (11 "x17) of the plans at 90% & 100% completion 2. 5 copies of Technical Specifications at 90% & 100% completion. 3. 5 copies of Engineering report at 90% & 100% completion 4. Preliminary Opinion of Probable Construction Cost at 90% & 100% completion. 5. Electronic Copies of Plans and Specifications at 100% completion. Task 3: Bid Phase After acceptance by the County of the Bidding Documents (100% Plans and Technical Specifications) and the most recent opinion of probable Construction Cost, and upon request by County, we will: (1) Attend a Pre -Bid meeting for prospective bidders (2) Provide responses to questions raised by potential bidders during advertisement and review time. (3) Prepare up to one (1) addendum as may be required during the advertisement. Review bids submitted and assist the County in evaluating bids Task 4: Construction Phase Following the County's Award of the construction contract and Notice to Proceed to the successful Contractor, the Engineer will assist the County in administer the contract by providing the following services based on a construction period of not more than 60 days. During the construction phase, the Engineer will: (1) Participate in a Pre -Construction Conference before commencement of Work at the Site. (2) Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. (3) Participate in weekly construction meeting with the Contractor and the County and provide written minutes. (4) Make periodic visits during construction to visually observe progress of the project for general compliance with the plans and to review the contractor's progress. Full time Resident Project Representative services are not included in this task order. (5) Review contractor's shop drawings and other submittals. (6) Recommend Change Orders and Work Change Directives to County, as appropriate. (7) Review the Contractor's monthly partial payment requests, and recommend payment as appropriate. (8) Subcontract with a materials testing company for field and laboratory testing. (9) Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that we may recommend, in writing, final payment to Contractor. (10) We shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. We shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. SCHEDULE Tasks 1 & 2 will be complete within 90 days of notice to proceed except for completion of SFWMD permitting which is dependent upon governmental agency action. Tasks 3 & 4 will be completed upon a schedule outlined by the County. ADDITIONAL SERVICES Permitting other than SFWMD permit modification for the existing conceptual permit are not included in this scope of service and if required, shall be considered as additional services. y c N pp 9�9g o 88 opcciricppppo �. 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A, L� or A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT ITEM NO. C-9-C DATE: September 11, 2007 REGULAR( ) PUBLIC HEARING( ) CONSENT(X) PRESENTED BY: DIANA LEWIS, DIRECTOR SUBJECT: Request approval for First Amendment to the Kimley-Horn Work Authorization No. 25 for Construction Phase Services for the Airport Rescue Fire Fighting Facility to extend the time for completion to March 1, 2008 at no change in cost. BACKGROUND: On May 24, 2005, Budget Resolutions were approved for the Joint Participation Agreements (JPAs) for the Florida Department of Transportation (FDOT) to fund the Airport Rescue & Fire Fighting (ARFF) Facility and Access Road at the St. Lucie County International Airport. The FDOT is funding 80% of the previously estimated $1.7 Million project, with the balance of the costs being paid by the St. Lucie County Fire District. The project is under construction and will not be completed until January 2008. Authorization is needed to extend the time for the engineer to continue with the construction phase services through the end of the project, allowing additional time for project close out. There is no change in cost for the Work Authorization. FUNDS AVAILABLE: 140341-4220-563005-4611 and 140342-4220-563005-4611 — Infrastructure — Consulting Engineer PREVIOUS ACTION: Design/bidding services were approved by the Board on April 12, 2005. On May 24, 2005, the budget resolutions for the JPA with FDOT for the grant on this project was approved by the Board. In August 2006, the Board approved Work Authorization 25. RECOMMENDATION: Staff recommends the Board approve the First Amendment to the Kimley Horn Work Authorization No. 25 for construction phase services for ARFF building and the access road at the St. Lucie County International Airport, extending the completion date to March 1, 2008 at no change in cost, and for the Chair to execute the same. COMMISSION ACTION: (� APPROVED () DENIED () OTHER Approved 5-0 County Attorney ( ) Originating Dept. CONCURRENCE: DOUG ANDERSON COUNTY ADMINISTRATOR Coordination/Signatures Mgt. & Budget () Purchasing( ) Other( ) Other( ) Finance: (check for copy, only if applicable) BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: August 8, 2006 AIRPORT Diana Lewis, Director Re: Request approval for First Amendment to the Kimley-Horn Work Authorization No. 25 for Construction Phase Services for the Airport Rescue Fire Fighting Facility to extend the time for completion to March 1, 2008 at no change in cost. wwwwwwwwwwwwwwwwww*,rwwww*wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Working in conjunction with the Fire District, St. Lucie County International Airport has recently bid a new Airport Rescue Fire Fighting Facility (ARFF). The construction of this facility, which will be located on the grounds of the St. Lucie County International Airport adjacent to the runways and taxiways, provides expeditious emergency response time for an aircraft incident. The Florida Department of Transportation (FDOT) is providing an 80/20 grant for the estimated $1.7 Million project, with the balance of the local share and any other costs coming from the Fire District. The project is under construction and will not be completed until January 2008. Authorization is needed to extend the time for the engineer to continue with the construction phase services through the end of the project, allowing time for close-out. There is no change in cost for the First Amendment to Work Authorization. Staff recommends the Board approve the First Amendment to the Work Authorization for Kimley-Horn for construction phase services for ARFF building and the access road at the St. Lucie County International Airport extending the completion date to March 1, 2008 at no change in cost. a FIRST AMENDMENT TO WORK AUTHORIZATION NO. 25 St. Lucie County International Airport CO3-10-636 Airport Rescue and Firefighting Facility Construction Phase Service Pursuant to that certain Contract (the "Agreement') between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc., (the "Engineer") dated October 14, 2003, the Engineer hereby agrees to perform and successfully complete the Scope of Services along with the schedule for completion of the work attached hereto and made a part hereof as Exhibit "B", Addendum to the Scope of Services. IN WITNESS WHEREOF, the County and the Engineer have executed this Work Authorization, effective this day of ATTEST: 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: KIMLEY-HORN AND ASSOCIATES, INC. BY: Print Name: Title: r EXHIBIT B Addendum to the Scope of Services FOR St. Lucie International Airport Airport Rescue and Firefighting Facility Construction Phase Services Overview This addendum will extend the Schedule for Work Authorization #25 Airport Rescue and Firefighting Facility Construction Phase Services. All other terms and conditions of the original Scope of Services (EXHIBIT A) shall remain intact. Our amended schedule is as follows: Task One —Construction Phase Services Following the County's Award of the construction contract and Notice to Proceed to the successful Contractor, the Engineer will assist the County in administering the contract by providing the following services: (see EXHIBIT A for services) Schedule We anticipate that Task One will be completed by March 1, 2008. H:10447210221Project ManagmentlExhibit B.doc t WORK AUTHORIZATION NO.25 St. Lucie County Board of County Commissioners St. Lucie County International Airport Agreement No. CO3-10-636 Airport Rescue and Firefighting Facility Construction Phase Services Pursuant to that certain Contract (the "Agreement") between St. Lucie County (The "County") and Kimley-Horn and Associates, Inc. (the "Engineer") dated October 14, 2003, the Engineer agrees to perform and successfully complete the Scope of Services along with the schedule for completion of the work attached hereto and made a part hereof as set forth in Exhibit A. Compensation to the Engineer shall be as described in Exhibit B. IN WITNESS WHEREOF, the p 'es ha caused this Work Authorization to be executed and delivered, effective as of / , 2006. ATTEST: :: ! -1 '{, `` „ �r BOARD OF COUNTY COMNTIS]<SONERS ST. LUCIE CO Y, /O/RRIDS. 00, 00, ✓ tHXIRMAN ram`. WITNESS: APPROVED AS TO FORM AND KIMLEY-HORN AND ASSOCIATES, INC. BY �J David R- Bardt, P.E., Vice President DATE: l zj EXHIBIT A SCOPE OF SERVICES FOR St. Lucie International Airport Airport Rescue and Firefighting Facility Construction Phase Services Overview The general scope is to provide construction administration services for the construction of a new Airport Rescue and Firefighting Facility at St. Lucie County International Airport. The design, permitting, and bid phase services are being performed under Work Authorization #12. Task One — Construction Phase Services Following the County's Award of the construction contract and Notice to Proceed to the successful Contractor, the Engineer will assist the County in administer the contract by providing the following services based on a construction period of not more than 270 days. During the construction phase, the Engineer will: (1) Participate in a Pre -Construction Conference before commencement of Work at the Site. (2) Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. (3) Participate in bi-weekly construction meeting with the Contractor and the County and provide written minutes. (4) Make (2) 4 hours site visits per week plus periodic visits during construction to visually observe progress of the project for general compliance with the plans and to review the contractor's progress. (5) Review contractor's shop drawings and other submittals. (6) Recommend Change Orders and Work Change Directives to County, as appropriate. (7) Review the Contractor's monthly partial payment requests, and recommend payment as appropriate. (8) Subcontract with a materials testing company for field and laboratory testing. (9) Subcontract with the Architect in order for them to provide a similar scope of service. The Architect will make (1) 4 hour site visit per weak. (10) Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that we may recommend, in writing, final payment to Contractor. (11) We shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work We shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. Schedule Task One is based on a assumed Construction Schedule of 270 days from notice to proceed given to the Engineer. a wage#aa.�a! § mm ■ ■ ■ || ;§■a#JJ.�k k 2£ � � ( °maa@ae@@m m as ; # ■ k | 42 # | ` § .■ & |! _. ƒ|§@aama@mm \mrK[§##§§i s \ f) ) - ® I )7 -gal agf�FR9 n 2!!§!st19 § !� )■ ■;■,■B■ §� E2 ! ' ! 2 , i} |.qan©°®©�■ A. wc � � � { :« ! k k ; ` \.k�� § |�■ 2\�|�' .|2. `¥�! |!! % ■ !■a �l7I�I23lI ||! ) | \�......���UIT§ B ; AW 0 AGENDA REQUEST ITEM NO. C10 DATE: September 11, 2007 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Request to accept Modification #1 to Agreement #C07-02-053, Treasure Coast Regional Planning Council extension date. BACKGROUND: The Board of County Commissioners approved the Agreement with Treasure Coast Regional Planning Council on February 13, 2007. The purpose for the Agreement is for Professional Services to provide training for ICS and Response to Terrorism Training. This Agreement was to expire on March 6, 2007. Modification #1 to this Agreement is extending the expiration date to September 25, 2007. FUNDS WILL BE AVAILABLE: N/A PREVIOUS ACTION: On February 13, 2007, the St. Lucie Board of County Commissioners accepted the Treasure Coast Regional Planning Council for Professional Services to provide training for ICS and Response to Terrorism training. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Modification #1 to Agreement#C07-02-053, Treasure Coast Regional Planning Council Agreement. [ICf APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept. CONCURRENCE: Douglas Anderson County Administrator Review and Approvals 'nrn{ Management & Budget 1•.V r / 1•,� Purchasing: other: Other Finance: (Check for Copy only, if applicable) Ef£. 5/96 -14- COUNTY F L p R I D A St. Lucie County Department of Public Safety Division of Emergency Management TO: Board of County Commissioners FROM: Jack T. Southard, Public Safety Director DATE: August 24, 2007 REF: Modification #1 to Agreement Treasure Coast Regional Planning Council Agreement The Board of County Commissioners approved the Agreement with Treasure Coast Regional Planning Council on February 13, 2007. The purpose for the Agreement is for Professional Services to provide training for ICS and Response to Terrorism Training. This Agreement was to expire on March 6, 2007. Modification #1 to this Agreement is extending the expiration date to September 25, 2007. Therefore, staff recommends the Board of County Commissioners approve Modification #1 to Agreement#C07-02-053, Treasure Coast Regional Planning Council Agreement. JTS/mgp St. Lucie County Department of Public Safety Division of Emergency Management S - j._ _ _ [gaili To: Daniel McIntrye, County Attorney From: Charles T. Christopher, Emergency Mana oordinator Date: August 24, 2007 Ref: Treasure Coast Regional Planning Council Modification #1 Attached for your review and comments is the Modification #1, Treasure Coast Regional Planning Council to extend the expiration date to September 25, 20007. The purpose of this agreement is to provide training for Incident Command System (ICS) and Response to Terrorism Training. Please feel free to contact this office, should you have any questions. CTC/mgp Contract Number: C07-02-053 MODIFICATION #1 TO AGREEMENT This Modification is made and entered into by and between the Treasure Coast Regional Planning Council, (TCRPC) and St. Lucie County (County) to reinstate and to extend the expiration date of Contract number C07-02-053. WHEREAS, TCRPC and the County have entered into the contract, pursuant to with the county provides $40,750.00 for professional services to provide training for ICS and Response to Terrorism training. WHEREAS, the Agreement expired on March 6, 2007. WHEREAS, TCRPC and the County desire to reinstate the contract and to modify the contract by extending the expiration date to September 25, 2007. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follow: 1. The contract is hereby reinstated as though it had not expired. 2. Paragraph 7, is hereby amended to state "The Agreement shall begin on the last day of signing and shall end on September 25, 2007. 3. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 4. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. RECIPIENT: St. Lucie County By: NAME & TITLE: DATE: TREASURE COAST REGIONAL PLANNING COUNCIL BY: NAME & TITLE: DATE: s Cou NTT F L O R I D A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT), UTILITIES DEPARTMENT ITEM NO. C- I E cL.. DATE: Sept. 11, 2007 REGULAR: ( ) PUBLIC HEARING:( ) CONSENT: (X) PRESENTED BY: 4 Laurie Case Utility Director SUBJECT: Staff requests approval of Change Order #1 with Johnson -Davis, Inc. for construction services related to the South Hutchinson Island SR A-1-A Utility Relocation to increase the contract in the amount of $73,520,00. FUNDS AVAILABLE: 451-3510-534000-300 (Other contractual) PREVIOUS ACTION: Board of County Commissioners approved Contract #C06-10-781 between Johnson -Davis, Inc. and St. Lucie County in October 2006. RECOMMENDATION: Staff recommends approval of Change Order #1 with Johnson -Davis, Inc. for construction services related to the South Hutchinson Island SR A-1-A Utility Relocation to increase the contract in the amount of $73,520.00. COMMISSION ACTION: {'APPROVED O DENIED O OTHER: Approved 5-o 5�_ C9" County Attorney: � originating Dept: / I CONCURRENCE: Douglas Anderson County Administrator Review and Approvals h� Management and Budget:6ff �` 1 ❑ Purchasing: 0 Other: 0 Finance: (Check for copy only, If applicable): E3 Other: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Managerat 772-462.1777 or TTD 772-462.1428, at least 48 hours (48) prior to the meeting. a UTILITY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Laurie Case, Utility Director U` DATE: September 11, 2007 RE: Change Order #1 — Johnson -Davis, Inc. BACKGROUND: Johnson -Davis, Inc. was contracted for the relocation of utility lines, air release valves and valve boxes, which was made necessary due to the current FDOT roadway project on SR A-1-A. A routine inspection of the work in progress revealed a substantial number of air release vales and valve boxes in the distribution system that had been damaged and required replacement. In view of the condition of the original boxes, and to avoid future damage to the existing boxes, it was decided to change the type of enclosure to a reinforced concrete pipe vault and to include replacement of all the remaining boxes. The original 90 day completion timeline for this work item in the contract will be waived with the initial contract end timeline remaining as the final date for all work to be completed. RECOMMENDATION: Staff recommends that the Board approve Change Order #1 with Johnson -Davis, Inc. for construction services related to the South Hutchinson Island SR A-1-A Utility Relocation to increase the contract in the amount of $73,520.00. CHANGE ORDER ST. LUCIE COUNTY PROJECT: South Hutchinson Island Wastewater Collection & Reclaimed CHANGE ORDER NUMBER: 1 Water Distribution System - SR A-1-A Utility Relocation (name, address) 7601 South Ocean Drive Jensen Beach, Florida 34957 INITIATION DATE: July 26, 2007 TO (Contractor): Johnson -Davis Inc. CONSULTANT'S PROJECT NO.: 6277-50572-161 604 Hillbrath Drive Lantana, FL 33462 ST. LUCIE COUNTY CONTRACT NO.: C06-10-781 CONTRACT DATE: October 24, 2006 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A- Yes Nc) See Attached Exhibit A & Exhibit B. The original (Contract Sum) ( ) was............................................................ $ 272,500 Net change by previous authorized Change orders............................................................................... $ 0.00 The (Contract Sum) ( ) prior to this Change Order was .............................. $ 272,500 The (Contract Sum) ( ) will be (unchanged) (decreased) or increasedby the Change Order............................................................................................................ $ 73,520 The new (Contract Sum) ( ) including this Change Order will be ............... $ 346,020 The Contract Time will be (unchanged) (decreased) (fnxcreased) by ..................................................... 0 days The Date of Final acceptance as of the date of this Change Order therefore is: .................................... 9/30/08 Funds Available: Account Number: The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the Contract specifications. Recommended: CamD Dresser & McKee Inc Architect/ Engineer 1701 -1- Vero Beach FL 32963 Add r By Date Agreed To: , Contractor Address � � � � !' By ate WHITE- VENDOR GOLDENROD- FINANCE Approved: St. Lucie County Department 2300 Virginia Avenue, Fort Pierce, FL 34981 Address By Authorized: Date St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By Approved as to Form and Correctness County Attorney GREEN- PURCHASING PINK -DEPARTMENT Date EXHIBIT A ITEM DESCRIPTIONS St. Lucie County, Florida South Hutchinson Island Wastewater Collection and Reclaimed Water Distribution System State Road A-1-A Utility Relocation CDM Project No. 6277-50572-161 Change Order No.1 Item No. 1 Description: Equipment and Labor Purpose: The original scope of work under this project included relocation of a number of air release valves on the wastewater force main and reclaimed water main running along the eastern margin of State Road A-1-A north of the South Hutchinson Island Wastewater Treatment Plant. The utility relocation was made necessary by the current FDOT roadway project on SR A-1-A. The valve relocations involved replacement in kind of the existing air release valves and the existing valve boxes. Along with the relocations, the scope of work included replacement of existing damaged air release valve boxes in locations where valves were not being relocated. The existing valve boxes have proven to be vulnerable to damage by mowers and other vehicles that frequent the roadway margin. All of the damaged boxes requiring replacement under the original scope of work were identified prior to time of bid for the project. A routine inspection conducted after the start of the work, found a substantial number of additional air release valve boxes and valves damaged and needing replacement. In view of the continuing deterioration of the existing valve boxes and to avoid future damage of the remaining boxes of the same type, it was decided to change the type of enclosure to be used for the air release valve relocations and valve box replacements to a reinforced concrete pipe (RCP) vault with manhole frame and cover, and to include replacement of all remaining boxes. This change order includes the cost for inclusion of the RCP vaults with frame and cover and additional hardware necessary to replace damaged air release valves as well as credit for the valve box types deleted from the scope. In view of the added material and labor and required rescheduling under this change order, the original 90 day completion time for these work items will no longer apply. Cost: $116,440 Credit: - $42,920 Time: 0 days r �� A_1 jb1374.doc A EXHIBIT B CHANGE ORDER COST & TIME SUMMARY St. Lucie County, Florida South Hutchinson Island Wastewater Collection and Reclaimed Water Distribution System State Road A-1-A Utility Relocation CDM Project No. 6277-50572-161 Change Order No. 1 ITEM COST/CREDIT TIME (Days) 1 $116,440.00 0 days 2 - $42,920 0 days Total $73,520.00 0 days This Change Order includes not only all direct costs of Contractor such as labor, material, job overhead, and profit markup, but also includes any costs for modifications or changes in sequence of work to be performed, delays, rescheduling, disruptions, extended direct overhead or general overhead, acceleration, material or other escalation which includes wages, and other impact costs. 1.151 jb1374.dac EXHIBIT A ST. LUCIE COUNTY UTILITIES NORTH COUNTY REGIONAL WATER AND WASTEWATER TREATMENT PLANTS SITING ANALYSIS SCOPE OF SERVICES BACKGROUND Development within St. Lucie County (SLC) has increased dramatically in recent years. Projected water and wastewater flows in the northern portion of SLC indicate that new regional water treatment and wastewater treatment plants will be necessary to accommodate increased development. The North County site has been purchased by SLC with the intent of potentially siting such new treatment plants. SLC wishes to determine preliminarily whether there are any environmental permitting concerns regarding this site, and the following Scope of Services is proposed to that end. SCOPE OF SERVICES Task 1 -Wetland Delineation CDM will delineate all wetlands on the Project Site. An environmental audit (prepared by B.S.E. Consultants, Inc. in 2005) of the site indicates that there are three approximately 0.5 acre wetlands (depression marshes) on site. The approximate location of these wetlands was presented on a figure in the environmental audit. First, the entire site will be evaluated to determine if there are other wetlands on site. The following resources will be used USGS Quad Sheet, National Wetland Inventory (NWI) maps, aerial photographs, and pedestrian surveys. All wetland jurisdictional boundaries will be flagged in the field in terms of their federal and state designation. The guidelines and regulations that are used by the regulatory agencies to define the jurisdictional boundaries of wetlands include the US Army Corps of Engineers (USACE) Wetlands Delineation Manual, Technical Report Y-87-1 (Federal) and Chapter 62-340, F.A.C., Delineation of the Landward Extent of Wetlands and Surface Waters (State). Both methodologies include identification of vegetation, soils, and hydrology. After the wetland jurisdictional boundaries are flagged, the CDM wetland delineators will meet onsite with representatives from both State (in this case FDEP) and Federal (USACE) agencies to verify the wetland jurisdictional boundaries. After the boundaries have been verified, the flags will be surveyed (Task 4). The wetland jurisdictional boundaries will be presented on aerial photographs and topographic plans of the site. All supporting information will be provided in a technical memorandum. Task 2 - Listed Species Evaluation CDM will perform a study to determine which if any listed species occur on site. Listed species include species designated as threatened and endangered and species of special concern. The first step is to request an Element Occurrence survey for the project site from the Florida Natural Areas Inventory (FNAI). A-1 jb1371 Exhibit A.doc Additionally, the following documents will be used to further determine potential listed species in the project area; Rare and Endangered Biota of Florida, Florida Atlas of Breeding Sites for Herons and their Allies, and Florida Fish and Wildlife Conservation Commission (FFWCC) publications listing protected species and their status. Field surveys will be performed to determine the various habitat types within the study area. The land use code for these habitats types will be verified. Pedestrian surveys will be conducted in accordance with FFWCC methodologies to determine the presence of listed species. All indications of wildlife in the project area will be recorded. This includes observation of actual animals or signs of their presence including tracts, burrows, dens, scat, nests, and calls (typically with avian fauna). The results will be provided in a technical memorandum that will include the FNAI report, on site land use (habitat types), a list of listed species that could occur on site, a list of listed species that were observed on site, pedestrian field data sheets, and a figure indicating the location of any listed on site if they occur. Task 3 - Tree Survey CDM will perform a tree survey of the project site. The SLC Resource Protection Standards indicate that for a Vegetation Removal Permit the following must be determined. ■ Location, extent and general type of all vegetation on the site, ■ All trees 12-inches or greater in diameter at breast height, except for palms which should have a minimum clear trunk of ten feet, ■ All species of mangroves, ■ All protected hardwood trees, and ■ All protected conifer trees. The tree survey will address these requirements and the results with be provided in a technical memorandum with figures. Task 4 - Topographic Survey CDM will retain the services of a licensed land surveying firm to perform a topographic survey of the project site, as well as approximately 2,400 lineal feet of Taylor Dairy Road from the southwest corner of the project site to Indrio Road. The survey will be performed in accordance with Chapter 61G17-6, F.A.C., pursuant to Section 472.027. The survey is not to be considered an ALTA/ACSM Land Title survey or a Boundary survey, and it will not include boundary verification. The survey will take ground elevations at a minimum of a 100 foot grid. Additional ground elevations will be taken at any elevation breakpoints. Water surface elevations will be delineated. Elevations will be established by GPS methods and reported in NGVD1929 datum. Locations will be sufficient to develop one foot (1-ft) ground surface contours. A-2 ib1371 Exhibit A. doe A 4 COUNTY Al F L O R I D AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ITEM NO. G,—(/-k DATE: Sept. 11, 2007 REGULAR:( ) PUBLIC HEARING: ( ) CONSENT: (X) PRESENTED BY: La rie Case Utility Director SUBJECT: Staff requests approval of a Work Authorization with Camp Dresser & McKee, Inc. for engineering services to review and evaluate the Utilities property near the SLC airport, the Betsy H. Kaplan Parcel, and provide a siting analysis for the planned North County Regional Water and Wastewater Treatment Facilities in an amount not to exceed $68,120.00. FUNDS AVAILABLE: Funds to be made available 479-3600-563000-300 Improvements other than building PREVIOUS ACTION: Board of County Commissioners approved continuing contract #C05-04-188. RECOMMENDATION: Staff recommends Board approval of a Work Authorization with Camp Dresser & McKee, Inc. for engineering services pertaining to the siting analysis of the North County Regional Water and Wastewater Treatment Plant Site in an amount not to exceed $68,120.00. COMMISSION ACTION: CCAPPROVED O DENIED O OTHER: Approved 5-0 CONCURRENCE: Douglas Anderson County Administrator Review and Approvals (� M County Attorney: management and Budget: P ❑ Purchasing: Originating Dept: ❑ Other: ❑ Other: ❑ Finance: (Check for copy only, If applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Managerat 772-462.1777 or TTD 772-462-1426, at least 48 hours (48) prior to the meeting. A r!!! COUNTY F L O R I D A TO: Board of County Commissioners FROM: Laurie Case, Utility Director DATE: September 11, 2007 UTILITY DEPARTMENT MEMORANDUM RE: Siting Analysis for Planned North County Regional Water and Wastewater Treatment Plants BACKGROUND: The Work Authorization with Camp, Dresser & McKee, Inc. will provide for the necessary engineering services to review and evaluate the Utilities property near the SLC airport, the Betsy H. Kaplan Parcel, for the planned North County Regional Water and Wastewater Treatment Facilities. The work will evaluate the environmental aspects of this site in preparation for permitting, including wetland delineation, listed species evaluation, tree survey and topographic survey. A conceptual site plan and layout of the utility facilities will be produced. As development within St. Lucie County continues to increase, projected water and wastewater flows in the northern portion of the county indicate that new treatment facilities will be necessary to fully accommodate future developments. RECOMMENDATION: Staff recommends Board approval of a Work Authorization with Camp Dresser & McKee, Inc. for engineering services pertaining to the siting analysis of the North County Regional Water and Wastewater Treatment Plant Site in an amount not to exceed $68,120.00. 11 All existing "visible" information such as, but not limited to, utility lines, structures, abandoned vehicles, wetland flags identified in Task 1 and protected trees, etc. identified in Task 3 will be located. Underground locations are not part of this scope of work. The land surveying firm will develop electronic drawing files of the topographic survey at a scale of 1-in = 40-ft. Three signed and sealed copies of the topographic survey and one digital file in AutoCAD, Version 2005 or newer will be furnished to CDM. Task 5 - Conceptual Site Plan Upon completion of Tasks 1 through 4, CDM will prepare a conceptual site plan to include a preliminary layout for the proposed water and wastewater treatment facilities. The conceptual site plan will include preliminary anticipated sizes of tanks, buildings, piping configurations and well locations based on the best available information at the time of the effort. The preliminary layout will take into account the locations of wetlands and any other site constraints identified in Task 4. SLC RESPONSIBILITIES ■ SLC shall provide all reasonable and necessary data to perform the tasks outlined above. ■ SLC shall provide a timely review of all work products. OTHER SERVICES NOT INCLUDED IN THIS SCOPE OF WORK This scope of services is intended to evaluate the environmental aspects of the proposed North County Water and Wastewater Treatment Plant site. The following items are not included in this effort: ■ Permitting ■ Permit Fees r W/WWTP design services (beyond conceptual layouts) SCHEDULE The estimated schedule for the project is as follows assuming authorization to proceed on or about September 11, 2007. Task 1 - Wetlands Delineation 12 Weeks Task 2 - Listed Species Evaluation 8 Weeks Task 3 - Tree Survey 8 Weeks Task 4 - Topographic Survey 20 Weeks Task 5 - Conceptual Site Plan 24 Weeks A-3 1b1371 Exhibit A. doc EXHIBIT B PROJECT BUDGET PROJECT North County Regional Water and Wastewater Treatment Plant Siting DESCRIPTION: Analysis Labor Category Officer Principal/ Associate Senior Professional Professional II Professional I Project Administration TOTAL HOURS TOTAL LABOR COST Hours Rate Cost 24 $ 180 $ 4,320 32 $ 155 $ 4,960 96 $ 130 $ 12,480 48 $ 110 $ 5,280 100 $ 90 $ 9,000 32 $ 65 $ 2,080 332 $ 38,120 OTHER DIRECT COSTS $ OUTSIDE PROFESSIONALS $ GRAND TOTAL $ USE AN UPPER LIMIT (NOT TO EXCEED) $ 2,600 27,400 68,120 68,120 B-1 jb1371 Exhibit B.xls t St. Lucie County Board of County Commission ers�ra c : 1 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telehpone: (772) 462-1700 Fax: (772) 462-1704 '\ PURCHASE ORDER (�J\ & b Vendor: 11814 Camp Dresser & McKee Inc 1701 SIR AlA Suite 301 Vero Beach FL 32963 Please send invoices to: St. Lucie County Finance Department 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Description Requisition #: R2552742 Engineering Per COD-03-233 WA #29 Eng for Phase I of WWTP siting -nalysis Board approved 02/01/0 05-479-3600-563000-300-U-3600 For additional information contact: Kaye Merritt -462-1150 Po Number: (P2513039 (PO number must appear on all documents and packages) Issue Date: 07/20/05 Delivery Date: 07/20/05 Ship these items to: St. Lucie County Utilities 2300 Virginia Avenue Admin. Annex 3rd Ft. Pierce FL 34982 t'�Lfia 9117to Quantity U/M Unit Price Extended Price 1.00 EA 68,980.0000 68,980.00 11 q SG87(,7 .5G�`� zcks) # 5314(ol 9 t—r U� TOTAL: $68,980.00 Federal Employers Identification: 59-6000835 State Sales Tax Exemption: 66-02-017737-53C Indicate Items received and send this page to Finance as a payment request. Purchasing Director 11 RECEIVING COPY • AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Department ITEM NO: C-12 P( DATE: September 11, 2007 Presentation [ ] Regular[ ] Public Hearing [ ] Consent [X] PRESENTED BY: STEFANIE MYERS, ASSISTANT DIRECTOR SUBJECT: Approval to renew contract with INTACT, the long term recovery organization, to fund positions for case management and program management assistance for INTACT, to purchase computers and equipment/furniture for these positions, and to have the Chair or designated representative sign necessary documents. BACKGROUND: INTACT (Inspired Network to Achieve Community Together) has grant funding available to support coordinator and case manager positions for long term recovery for the County. FUNDS AVAIL: PREVIOUS ACTION: On October 10, 2006, the Board approved the contract with INTACT to provide the services indicated. RECOMMENDATION: Staff recommends approval to contract with INTACT for $135,000 to receive grant funds to provide program management and case management services and to authorize the Chair or designated representative to sign all necessary documents; to approve the purchase of computers and equipment for staff in these positions; and to maintain staff in the approved positions. COMMISSION ACTION: CONCURRENCE: [)I APPROVED [ ] DENIED [ ] OTHER Approved 5-0 Douglas M Anderson Coordination/Signatures County Attorney: x ntjd ogre Management & Budget Purchasing: Originating Department: xl� - _— Other: —Human Resources_ Other: Finance: x Check for copy only, if applicable COMMUNITY SERVICES MEMORANDUM #07-232 TO: Board of County Commissioners FROM: Stefanie Myers, Community Services Assistant Director xj SUBJECT: Approval for contract renewal with INTACT for support services. DATE: September 11, 2007 CC: Beth Ryder, Director St. Lucie County INTACT (Inspired Network to Achieve Community Together) has grant funding available to support program management and case management services and provide them with equipment, furniture, and computers for long term recovery for County residents. The Board of County Commissioners approved this contract last year for Community Services to provide these services. Through this contract, INTACT has provided hurricane mitigation to 150 homeowners so they are better protected against future hurricane damage. Attached for Board approval is the Agreement between INTACT and St. Lucie County in the amount of $136,000. Recommendation: Staff recommends approval of contract with INTACT for $135,000 to receive grant funds to provide management and case management services and to purchase equipment and computers; approval to purchase furniture and authorization for the Chair to sign all necessary documents. AGREEMENT BETWEEN St. Lucie INTACT "Inspired Network To Achieve Community Together" St. Lucie County's Long -Term Recovery Committee and the Board of County Commissioners St. Lucie County, Florida THIS AGREEMENT is made and entered into this day of , 2007, by and between St. Lucie INTACT, hereinafter referred to as "INTACT", and the Board of County Commissioners, St. Lucie County, Florida, hereinafter referred to as the "County." ARTICLE I PERIOD OF AGREEMENT This Agreement shall begin October 1, 2007 and shall end September 31, 2008. INTACT reserves the right to continue this agreement for one (1) additional year, subject to agreement by the parties on terms and costs. Community Services agrees to provide INTACT with a proposal for service continuation, including costs, by not later than August 15, 2008. ARTICLE H SCOPE OF SERVICES The County agrees its Community Services Department shall perform the following services for and on behalf of INTACT: General administration services, including but not limited to: a. Preparation and distribution of correspondence and reports. b. Filing and maintenance of records. c. Responding to inquiries, answering of routine questions and distribution of messages. d. Program and grant management, including reporting, financial oversight, goal setting, problem solving, staff and volunteer coordination and training 2. Committee. and Board management, including but not limited to the: a. Notification of meetings. b. Preparation and distribution of agendas, minutes, and reports. c. Assistance in recruiting representatives to serve on Committees and Board. d. Support of Committees to develop and implement strategies to achieve the mission and goals of INTACT. 3. Coordination and support of committees, including but not limited to: a. Assisting with the ongoing work of Volunteer Coordination Committee, Case Management Committee, Spiritual and Emotional Care Committee, Fund Development Committee, and the Public Relations Committee. Assistance may be in the form of recruitment, training, supervision, and recognition of volunteers. b. Assisting with organization and maintenance of the committee process by which volunteers are assigned to help individuals and agencies affected by area disasters. COMMUNITY SERVICES -INTACT AGREEMENT PAGE 2 OF 6 c. Assisting with the management of a committee process through which volunteers are scheduled to work and all necessary records associated with their work are properly maintained. d. Identifying and assisting with grant applications. 4. Maintain information as to the purchase or inventory of materials necessary to make repairs associated with area disasters. 5. Coordination with local agencies serving the same constituency as INTACT, including but not limited to: a. Facilitating communication among human services organizations and government. b. Efforts to reduce or eliminate duplication of services to individuals and agencies with respect to area disasters. c. Efforts to secure grant and other funding to assist INTACT achieve its mission and goals. 6. Initiate media releases and public service announcements and maintain website information. 7. Performing similar services to that listed above as may be assigned by INTACT Executive Board and as determined to be necessary to achieve INTACT's mission and goals. 8. Provide and participate in the case management of individuals or agencies affected by area disaster, as needed. With regard to the County delivering the scope of services herein, INTACT agrees to the following: 1. INTACT will use its committees and partnerships to deliver direct services including: a. The development and implementation of a coordinated volunteer program that includes the recruitment, training, supervision and recognition of volunteers. b. The scheduling of volunteers to work and the collection of all necessary records associated with their work. c. The securing of necessary permits to make repairs associated with area disasters. d. The procurement and storage of materials, and the development and maintenance of an inventory of materials necessary to make repairs associated with area disasters. e. The application of grants and other funding to assist INTACT achieve its mission and goals. ARTICLE 111 STAFFING The County shall see to it that one or more persons are working on its behalf to deliver the scope of services outlined in ARTICLE II. The County shall designate at least one person to serve as a "Long -Term Recovery Coordinator". The Long -Term Recovery Coordinator shall implement or shall cause the implementation of those services listed in the scope of services outlined in ARTICLE Il. The County shall compensate persons working on its behalf to deliver the scope of services, doing so in amounts and at times that it determines to be appropriate. INTACT shall have the right to review any and all compensations associated with the delivery of the scope of services, and shall recommend adjustments it determines to be appropriate. INTACT may choose to terminate this agreement should the County fail to compensate persons working on its behalf in service to INTACT in an amount or manner INTACT determines to be inappropriate. COMMUNITY SERVICES -INTACT AGREEMENT PAGE 3 OF 6 ARTICLEIV CONSIDERATION, LIMITATION, AND PAYMENT INTACT agrees to pay the County a fee of $135,000 during the term of the agreement. The fee shall be paid in four payments at least one per quarter of the contract. The County will provide necessary fiscal documentation as requested to ensure successful reimbursement from the original grantor. Should either party choose to terminate this agreement, prorated amounts will be returned to INTACT within 60 days following termination. The initiation and continuation of this Agreement will be contingent upon the availability of and access to funds by INTACT. The Agreement may be canceled by INTACT with seven days notice in the event funds for these services become unavailable. In such circumstances, INTACT shall be reimbursed by The County for funds on a prorated basis for the remaining term of the Agreement. ARTICLE V INSURANCE The County shall provide and maintain insurance coverage throughout the period of this Agreement on behalf of itself and INTACT. The County accepts full responsibility for identifying and determining the types and extent of insurance necessary to provide reasonable financial protection for INTACT and The County. Upon request, The County shall furnish to INTACT written verification of insurance protection. ARTICLE VI INDEMNIFICATION To the extent permitted by law, the County shall indemnify, hold harmless and defend INTACT against any and all liabilities, losses, claims, damages, demands, expenses, or actions taken as a result of any negligent or wrongful act or omission, or based on any act of fraud or defalcation by the County during the performance of this Agreement. INTACT shall indemnify, hold harmless and defend the County against any and all liabilities, losses, claims, damages, demands, expenses, or actions taken as a result of any negligent or wrongful act or omission, or based on any act of fraud or defalcation by INTACT during the performance of this Agreement. ARTICLE VII TERMINATION Unless otherwise provided for in this agreement, INTACT or the County may, without cause and without prejudice to any other right or remedy, elect to terminate this Agreement upon thirty (30) calendar days written notice to the other party. In such a case the County shall be paid for all work executed through the effective date of termination. Unless the County's breach is waived, INTACT may, upon seven (7) calendar days notice, terminate this Agreement for said breach. Waiver of a breach of any provision of this Agreement shall not be deemed to be a modification of this Agreement. The aforesaid termination notice, as well as all other notices required herein, shall be considered received by INTACT or the County if delivered in person with written proof thereof or if deposited in the U.S. Mail, in a prepaid wrapper marked certified, return receipt requested, to the following Parties: COMMUNITY SERVICES -INTACT AGREEMENT PAGE 4 OF 6 To County: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With copies to: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Community Services Director 437 North 7th Street Fort Pierce, FL 34950 To INTACT: Chairman St. Lucie INTACT c/o United Way of St Lucie County 4800 S. US Hwy #1 Fort Pierce, FL 34982 ARTICLE Vlll GOVERNING LAWS This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, or the laws, rules and regulations of the United States if the County and/or its fiscal agent are providing services funded by the United States government. The venue shall be in St. Lucie County, Florida. ARTICLE /X COMPLIANCE The County shall comply with the requirements of all federal laws, state laws, local codes, and ordinances pertaining to this Agreement, and in particular, that it will comply with all of the laws, rules and regulations governing the use of the funds it is managing on behalf of INTACT. ARTICLE X ASSIGNMENT This Agreement is for the rendition of personal services and may not be assigned without the prior written consent of the parties hereto. ARTICLE XI HEADINGS Article headings have been included in the Agreement solely for the purpose of convenience and such headings shall not have legal effect or in any way affect the extent of or the interpretation of any of the terms of the Agreement. ARTICLE XII WAIVER A waiver of any performance or breach by any one of the parties to this Agreement shall not be construed to be a continuing waiver of other breaches or non-performance of the same provision or operate as a waiver of any subsequent default of any of the same terms, covenants, and conditions of this Agreement. The payment or acceptance of funds for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. COMMUNITY SERVICES -INTACT AGREEMENT PAGE 5 OF 6 ARTICLE XIII SEVERABILITY If any one or more of the covenants, agreements, or provisions of this Agreement shall be held contrary to any express provision of law or contrary to any policy of express law, although not expressly prohibited, contrary to any express provision of public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of this Agreement. ARTICLE X/V MODIFICATIONS This writing embodies the entire Agreement and Understanding between the parties and there are no other Agreements and/or Understandings, oral or written, with respect to the subject matter hereof, that are not merged herein and superseded hereby. Without invalidating the Agreement, INTACT reserves the right to, at any time or from time to time, enter into Modification Agreements. All additions, deletions, or revisions in the service shall be valid and enforceable only when evidenced by a written modification approved and executed by INTACT and The County. Similarly, no contract which purports to affect the terms of this Agreement will be valid as it affects this Agreement, unless in writing and executed by INTACT and the County, unless otherwise authorized herein. ARTICLE XV COSTS Either party will be entitled to recover all costs and attorneys' fees incurred due to any breach of this Agreement by the other party, including but not limited to costs and attorneys' fees associated with administrative hearings, court proceedings, and appellate proceedings. ARTICLE"I SURVIVABILITY Any term, condition, covenant, or obligation that requires performance by either party subsequent to termination of this Agreement will remain enforceable against such party subsequent to such termination. WITNESS WHEREOF the parties hereto respectively set their hands and seals on the date(s) shown below and submit that they have the legal authority to commit the parties to this Agreement: Attest: Board of County Commissioners St. Lucie County, Florida Deputy Clerk By: Date: Chairman COMMUNITY SERVICES -INTACT AGREEMENT PAGE 6 OF 6 Witnesses: Approved as to Form and Correctness: County Attorney St. Lucie INTACT: By: Q:9 , Chairman Date: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Community Services Division ITEM NO: W DATE: September 11, 2007 Regular [ ] Public Hearing [ ] Consent [X ] PRESENTED BY: John Franklin, Housing M r SUBJECT: Authorize Chair of BOCC to sign the grant application to submit a $4,221,157.79 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to enter into an interlocal agreement with the Cities of Fort Pierce and Port St. Lucie to allow St. Lucie County to fund activities within the incorporated cities. BACKGROUND: Florida Department of Community Affairs recently announced the Action Plan for the Use of additional Disaster Recovery Funds. This year only one application per county will be allowed. Housing for the low -to -moderate income residents is required to be 70% of the total allocation. FUNDS AVAIL: There is no match required for this grant. PREVIOUS ACTION: There has been no previous BOCC action regarding this grant proposal. RECOMMENDATION: Authorize Chair of BOCC to sign the grant application to submit a $4,221,157.79 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to enter into an interlocal agreement with the Cities of Fort Pierce and Port St. Lucie to allow St. Lucie County to fund activities within the incorporated cities; and authorize Chair to sign any necessary documents if successful. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED _ [ ] OTHER: Douglas M. Anderson Approved 5-0 Countv Administrator Coordination/Signatures County Attomey: x.lh✓,,0 6r1/x Management & Budget x Purchasing: x Originating Department: x �d,' � Other Other, Finance: x Check for copy only, if applicable COMMUNITY SERVICES MEMORANDUM #07-233 TO: Board of County Commissioners ;1 FROM: John Franklin, Housing Manger SUBJECT: Community Development Block Grant Supplemental Disaster Recovery Initiative Application DATE: September 11, 2007 Florida Department of Community Affairs recently announced the Action Plan for the use of Supplemental Disaster Recovery Funds. Housing for the low -to -moderate income residents is required to be 70% of the total allocation for various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement. STAFF RECOMMENDATION: Authorize Chair of BOCC to sign the grant application to submit a $4,221,157.79 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation, and replacement and allow St. Lucie County to enter into an interlocal agreement with the Cities of Fort Pierce and Port St. Lucie to allow St. Lucie County to fund activities within the incorporated cities; and authorize Chair to sign any necessary documents if successful. Attachments (1) Project Funding Information Supplemental Appropriation addressing Hurricane Wilma Procedures 1. Submit one Project Proposal reflecting countywide, priority disaster recovery activities, and a brief explanation of the process used to determine that the activity is a disaster recovery priority. 2. Submit two copies of the Project Proposal, with the original signatures of the Chief Elected Official or other in- dividual authorized by resolution to sign on behalf of the local government. 3. If not submitted to the Department under the 2004 or 2005 Disaster Recovery Program, provide the following information in numbered appendices: a. A detailed map depicting the boundaries of the County, the service area, the location of the activities, the flood plain and other relevant details, b. Copies of any policies that are applicable to CDBG (i.e., citizen participation plan, citizen complaint policy, acquisition and relocation policy, fair housing plan, procurement policy, housing assistance plan, etc.), and c. A copy of a statement of interlocal cooperation (letter) or existing interlocal agreement as described in the state's emergency rule if a project will, in any way, impact another local government. 4. Comply with the Intergovernmental Coordination and Review (IC&R) process outlined below. a. Mail twelve copies of the Project Proposal to the Florida State Clearinghouse, Department of Environmental Protection, Commonwealth Building, Tallahassee, Florida 32399. A transmittal letter should accompany the materials sent to the State Clearinghouse and should request that the Clearinghouse send copies of any correspondence to the county and to the Department of Community Affairs. The county may also ask the Clearinghouse to send copies to other parties such as consultants and engineers. b. Submit one copy of the Project Proposal to the Regional Planning Council that serves the county. Project Information and Certification COUNTY INFORMATION County Applicant Jurisdictions to be Served St. Lucie County Unincorporated SLC & the Cities of Fort Pierce & PSL Local Contact Title John Franklin Housing Manager Phone Number FAX Number 772 462-2375 772 462-2855 Mailing Address Street Address or Directions 437 N 7"' Street Same City Zip Code Fort Pierce 34950 E-mail Address franklij@stiucieco.gov Chief Elected Official Title Chris Craft Chairman Chief Elected Official's Address (if different) 2300 Virginia Ave. Fort Pierce FL 34982 PROJECT PROPOSAL / PREPARER INFORMATION Agency or Firm Same as above Address Phone Number Contact Title E-Mail Address COUNTY INFORMATION What is your county's total population? What is your county's LMI population? 241,305 82 897 Are the jurisdictions to be served covered by the National Flood Insurance Program? Yes No Are the activities consistent with the local comprehensive Ian s ? Yes No Are the activities consistent with the Local Mitigation 5trateoP Yes No Is a statement of interlocal cooperation (letter) or interlocal agreement (existing) with another Yes No local government necessary in order to a I for administer or car out the ro'ect activities? U.S. Congressional District Florida Senate District(s) Florida House Districts) 16&23 28 78,80,81&82 HISTORIC PRESERVATION Will the project or any related activities result in direct physical changes to a structure older than 50 Yes No years, such as demolition (partial or complete), rehabilitation, restoration, remodeling, renovation, ex- pansion, or relocation? Will the project or any related activities result in direct physical changes to public improvements older Yes No than 50 years, such as stone curbs or brick streets? Will the project or any related activities result in direct physical changes to a planned open space Yes No older than 50 years, such as a park orplaza? Will any project activities occur within 100 feet of a structure, public improvement, or planned open Yes No space older than 50 ears? Will any project activities occur in a Historic District listed on the National Register? Yes No If "yes" was a response to one of the questions above, you must contact the State Historic Preservation Office (SHPO) immediately. Properties that are listed, or eligible for listing, in the National Register of Historic Places must meet the specifications reflected in the Secretary of the Interior's Standards or Rehabilitation Guidelines for Rehabilitating Historic Buildings. ASSURANCES, CERTIFICATIONS AND SIGNATURES I, the undersigned chief elected official or authorized representative of the county, certify that this Project Proposal has been approved by the local governing body and that the county will comply with the following certifications and assurances as well as applicable federal and state requirements in the administration of any award that is made. 1. Citizen participation requirements will be met. 2. The County will satisfy the Intergovernmental Coordination and Review requirements by submitting required information to its Regional Planning Council and to the State Clearinghouse. 3. The County will not attempt to recover, through special assessments, capital costs of public improvements funded in whole or in part with these funds unless otherwise authorized by 24 CFR Section 570.482 and Section 104(b)(5) of Title I of the Housing and Community Development Act of 1974. 4. Each housing structure addressed with CDBG funds will, upon completion, meet HUD Section 8 Housing Quality Standards and the local housing code. 5. The grant will be administered in conformity with the Civil Rights Act of 1964 and Fair Housing Act; the County will affirmatively further fair housing and undertake one fair housing activity each year. 6. An Anti -Displacement and Relocation Plan has been adopted (or will be adopted prior to the expenditure of funds) and displacement of persons will be minimized. 7. The information presented in this application is accurate, and documentation is on file and readily accessible to Department of Community Affairs staff. 8. Documentation verifying the service area(s) have, if necessary, been properly surveyed using the appropri- ate HUD Guidelines and that the number of LMI persons residing in the service area(s) are consistent with the number of beneficiaries claimed in this application. 9. The County will affirmatively further fair housing and undertake one fair housing activity each year. 10. The County has adopted a Community Development Plan or has adopted the Local Comprehensive Plan as the Community Development Plan. 11. The County has adopted a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations. 12. The County has adopted a policy of enforcing applicable state and local laws against physically barring en- trance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. 13. No other source of federal, state, or local disaster funds is available to meet the need for the activities. 14. Submission of this Project Proposal was authorized by the local governing body. Signature of Chief Elected Official or Individual Authorized by Resolution of the County Date CDBG Activities This table provides a list of typical CDBG activities. Use the activity name, activity number and unit of measure when completing Attachment A. If you have questions or wish to undertake an activity that is not on the list lease contact the Department. ACTIVITY NAME* ACTIVITY NUMBER UNIT OF MEASURE ENGINEERING TABLE Acquisition for rehabilitation 15G LF, SITE, PARCEL, UNIT HU BU N/A Acquisition in 100 year Flood plain or Acquisition, acquisition (in support of), acquisition of real property, acquisition: land, building, easement or right-of-way 01 LF, SITE, PARCEL, UNIT, HU, BU N/A Administration Planning and Management 21A N/A N/a Asbestos removal lead based paint abatement 03R HU BU N/A Clearance and Demolition 04 HU BU UNIT Code enforcement 15 HU BU N/A Commercial/industrial building acquisition, commercial rehab, demoli- tion 17C BU Table II Demolition of vacant dilapidated housing units 04A HU SITE N/A Demolition of vacant dilapidated structures other than housing) 04A HU BU UNIT N/A Engineering 21B N/A N/A Fire protection, fire hydrants, water facilities, lines, tank, treatment, well 03J LF, UNIT, HYDRANT Table II (Plant, Well and Tank Table I Fire station equipment 030 UNIT Table II Flood & drainage, hazard mitigation, flood & drainage, storm drains catch basin retention pond, curb & gutter 03I LF, UNIT Table II Housing rehab plumbing 14A LF UNIT HU N/A Open space parks, playgrounds, recreational facilities 03F LF, UNIT, SITE, PARCEL Table II Other Commercial/Business Assistance 17D UNIT Other commercial/industrial improvements 17D BU UNIT SITE Parking facilities spaces 03G UNIT Table II Permanent relocation as part of hazard mitigation, permanent relocation temporary relocation 08 HU, BU N/A Potable well & septic system installation 14A LF UNIT WELL N/A Public facilities & improvements OTHER 03 LF UNIT Table II Recreation/neighborhood center, senior center 03E LF, UNIT, SITE, PARCEL Table II Rehab multi unit residential 14B HU N/A Rehab public/private owned commercial industrial 14E N/A Rehab single unit residential 14A HU N/A Rehabilitation of commercial buildings, facade, section 504 compliance, correction of code violation building rehab by owner/tenant 17C BU Table II Relocation of commercial facility 08 HU BU N/A Relocation of utilities to underground 03 LF UNIT Table II Removal of architectural barriers in public buildings 10 BARRIER UNIT Table II Replacement housing 12 HU N/A Sewage treatment plant, sewer lines & components, sewer line re- placement, other sewer facilities force sewer main, gravity sewer main, treatment pump/lift stations 033 UNIT, LF, PLANT Table I Sidewalks and pedestrian malls 03L LF Table II Solid waste disposal improvements 03H LF UNIT Table II Street improvements, resurfacing 03K LF Table II Tree planting 03N UNIT N/A Utility hookups 03 HU BU Table II Water and/or sewer hookups for housing units 114A HU BY Table I Water facilities, water & sewer improvements in general, nonresidential water hookups; new potable water lines 033 LF, UNIT Table II (Hook-up is Table I ATTACHMENT A - INSTRUCTIONS GENERAL Each County must submit a project budget and proposed accomplishments and beneficiaries. This information should be provided on the Project Description and Budget by Service Area form and/or the Project Description and Budget Summary form (if there is more than one service area). ATTACHMENT A — Project Description and Budget by Service Area If more than one service area is being addressed, complete the Project Description and Budget by Service Area form. Be sure that the service area is clearly identified. Label the service area with a name and a number (i.e., Service Area 1-Habor Street Area). Check computations to ensure that subtotals and totals are correct. ATTACHMENT A— Project Description and Budget Summary This form should reflect the total budget (and related information) for all service areas. If the proposal covers only one service area, this is the only form that you need to complete. However, if activities will occur in more than one service area, the Project Description and Budget Summary form must be completed for each service area. The fol- lowing information explains how the form(s) is to be completed: c Category — Projects must fall under one of the two categories listed (Housing or Infrastructure). o Activity Number — Enter the activity number (as reflected on list of CDBG Activities). c Activity Description — Enter the activity that is being undertaken (as reflected on list of CDBG Activities). c Administration — Enter the amount to be used for administrative costs other than service delivery. c Engineering — Enter the amount to be used for engineering plans and design specifications. c Accomplishments/Unit — Enter the unit of measure (as reflected on list of CDBG Activities) for the activity. c Accomplishments/Number - Enter the proposed number of units that will be addressed or constructed. (For example, if 10 housing units will be rehabilitated, enter 10), o Beneficiaries — Enter the number of LMI and VLI beneficiaries as well as the total number of beneficiaries. c Budget — Enter the amount of CDBG funding that will be allocated to the activity. Enter the amount of other funds that will be allocated to the activity and identify the source of the other funding. INSTRUCTIONS FOR PREPARING AN ESTIMATED PROJECT BUDGET The "Cost Standard Used" to estimate costs will be reviewed by Department staff for cost reasonableness. The De- partment reserves the right to request justification of the cost reasonableness of any budgetary item. If the County cannot justify a cost, the Department will reduce the line item budget prior to entering into a contract. If the County wishes to be reimbursed for the cost of preparing this Project Proposal, be sure to document the eli- gibility of the expense. To be an eligible expenditure, the following requirements apply: o The Preparer must have been procured pursuant to 24 CFR Section 85.36, as it existed on the day of ad- vertising for the Request for Proposal. o If the County prepared the Project Proposal using local government staff, or if the staff of another gov- ernmental agency was selected pursuant to Chapter 287, Florida Statutes, the County may seek payment only for direct costs incurred as part of the grant proposal preparation. c Invoices or other documentation to justify the amount requested must also be included. The Department will review this procurement or expense, and if it determines that the procurement process or contracting process was not carried out correctly, or the expense is not eligible, the Department will disallow the ex- pense. PLEASE CONTACT THE DEPARTMENT IF YOU HAVE ANY QUESTIONS. 5 OfU a W ❑ W U OLL F N W Z O O Ln p N co O O IR n J O G O p M O C M t�f1 Q < N O O a O U01, a! 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LL IL Q LU w ova Qa.M Wa o w a LL �¢ N O O O r W Q U Z Z W 2 m N � , p Lu U a O y H °J' H W 7 J J a O U Z H H J 2 m m ~ F LL 0 0 Q 0 z h W Agenda Request To: Board of County Commissioners Submitted By: Growth Management Department Item Number C 0 Meeting Date: 0 9 / 11 / 0 7 Consent [ X ] Regular [ ] Public Hearing [ ] Leg. [ ] Quasi -JD [ ] Presented By Growth Management Director SUBJECT: Consider Resolution No. 07-243 Amending Resolution No. 05-154 with a scrivener error to include the Change in Zoning from the AG-1 (Agricultural — 1 du/acre) Zoning District and R/C (Residential Conservation — 1 du/5 acres) Zoning District to the PUD (Planned Unit Development — Creekside PUD) Zoning District approval for a project known as Creekside. BACKGROUND: On October 4, 2005, BJK, Inc. presented a petition for a Final Planned Unit Development Plan and Preliminary Plat for 800-unit residential subdivision (443 single-family units, 357 townhouse units, a 5.5-acre commercial /community recreation area and a 5.1 acre public park) project to be known as Creekside - PUD. FUNDS AVAILABLE: PREVIOUS ACTION: On October 21, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition of BJK, Inc., and recommended that the Board of County Commissioners approve the Preliminary Planned Unit Development for the project to be known as Creekside- PUD. On November 15, 2004, the Board of County Commissioners granted preliminary approval for the requested change in zoning from the AG-1 (Agricultural — 1 du/acre) Zoning District and R/C (Residential Conservation — 1 du/5 acres) Zoning District to the PUD (Planned Unit Development — Creekside — PUD) Zoning District. On October 4, 2005, the Board of County Commissioners approved a Change in Zoning from the AGA (Agricultural — 1 dulacre) Zoning District and R/C (Residential Conservation — 1 du/5 acres) Zoning District to the PUD (Planned Unit Development — Creekside PUD) Zoning District and Final Planned Unit Development Site Plan for the project known as Creekside — PUD. RECOMMENDATION: Adopt Resolution No. 07-243 amending Resolution No. 05-154 authorizing the Director of Growth Management to amend the Official County Zoning Map from AG-1 (Agricultural — 1 du/acre) and R/C (Residential conservation — 1 du/5 acres) Zoning District to the PUD (Planned Unit Development) Zoning District, COMMISSION ACTION: ® APPROVED = OTHER Approved 5-0 O DENIED Coordination/ Signatures County Attorney t. Mgt. & Budget. E.R.D.: Public Works: Cty. Engineer: Other: CONCURRENCE: Douglas M. Anderson County Administrator Purchasing: Cty. Surveyor: Other: Form No. 07-07 Commission Review: XXX, 2007 GROWTH MANAGEMENT DEPARTMENT PLANNING Division MEMORANDUM TO: County Commissioners THROUGH: Bob Nix, Director of Growth Man agem iit & Kristin Tetsworth, Planning Manager;' FROM: Linda Pendarvis, Planner DATE: August 21, 2007 SUBJECT: Amending Resolution No. 05-154, which granted Final Planned Development Site Plan Approval for the Project to be known as Creekside — A Planned Unit Development and a Change in Zoning from the AG-1 (Agricultural — 1 du/acre) Zoning District and R/C (Residential Conservation — 1 du/5 acres) Zoning District to the PUD (Planned Unit Development) Zoning District for BJK, Inc. On October 4, 2005, through Resolution No. 05-154, this Board approved the Petition of BJK, Inc. for Final Planned Development Site Plan Approval for the Project to be known as Creekside — A Planned Unit Development and a Change in Zoning from the AG-1 (Agricultural — 1 du/acre) and R/C (Residential Conservation — 1 du/5 acres) Zoning District to the PUD (Planned Unit Development) Zoning District. Following the recordation of Resolution No. 05- 154, staff determined that the adopted resolution failed to include the language authorizing the Director of Growth Management to change of the Official Zoning Map from AG-1 (Agricultural — 1 du/acre) Zoning District and R/C (Residential Conservation — 1 du/5 acres) Zoning District to PUD (Planned Unit Development) Zoning District. Draft Resolution No. 07-243, if approved, will amend Resolution 05-154, authorizing the Director of Growth. Management to amend the Official County Zoning Map from AG-1 (Agricultural — 1 du/acre) Zoning District and R/C (Residential Conservation — 1 du/5 acres) Zoning District to PUD (Planned Unit Development) Zoning District. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO.07-243 File Number: PUD-0"17 A RESOLUTION CORRECTING A SCRIVENER ERROR OF RESOLUTION NO. 05- 154 AUTHORIZING THE DIRECTOR OF GROWTH MANAGEMENT TO AMEND THE OFFICIAL COUNTY ZONING MAP TO INCLUDE A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL - I DU/ACRE) ZONING DISTRICT AND R/C (RESIDENTIAL CONSERVATION - I DU/5 ACRES) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - CREEKSIDE) ZONING DISTRICT AND FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR A PROJECT KNOWN AS CREEKSIDE. 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: 2. 3 4. 5. CHANGE IN ZONING prior to the hearing and recommended that the Board of County Commissioners approve the On November 15 2004 this Board held a public hearing on the petition of BJK, Inc. for Preliminary Planned Unit Development approval for the project known as Creekside — PUD, acres) Zoning District to the PUD (Planned Unit Development — Creekside — PUD) Zoning District. Commissioners meeting. Site Plan approval for the project known as Creekside — PUD for the property depicted on the attached Maps as Exhibit "A" and described in Part"B" below. File No.: PUD-05-017 XXX. 2007 Resolution No. 07-243 Amending Resolution No. 05-0154 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Code. 7. Following the recordation of Resolution No. 05-154, staff determined that the request for a Change in Zoning was not citied within the resolution and was a scrivener error. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: CHANGE IN ZONING A. The property on which the Change in Zoning from the AG-1 ( Agricultural — District and R/C (Residential Conservation — 1 du/5 acres) Zoning District to 1 Unit Development — Creekside-PUD) is being granted is described as follows: TRACT a) THE EAST 475.5 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 26 LYING NORTH OF THE NORTH ST. LUCIE RIVER DRAINAGE DISTRICT CANAL #71. c) THE NORTH 1/2 OF THE NORTHEAST 114 OF SECTION 27, NORTH OF STATE ROAD #70. e) RIGHTS OF WAY FOR OKEECHOBEE ROAD (S.R. #70). GENTILE ROAD, AND NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANALS NO. 50 AND 51. File No.: PUD-05-017 XXX. 2007 Resolution No. 07-243 Amending Resolution No. 05-0154 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 CENTERLINE. TRACT II LESS AND EXCEPT THOSE PORTIONS CONVEYED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN OFFICIAL RECORD BOOK 1191, PAGE 1841, AND DESCRIBED AS FOLLOWS: TRACT GI-100-001 SAID SECTION 27: File No.: PUD-05-017 XXX. 2007 Resolution No. 07-243 Amending Resolution No. 05-0154 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 TRACT GI-100-004 File No.: PUD-05-017 XXX. 2007 Resolution No. 07-243 Amending Resolution No. 05-0154 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 File No.: PUD-05-017 Resolution No. 07-243 Amending Resolution No. 05-0154 XXX. 2007 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 TOGETHER WITH: OF BEGINNING. File No.: PUD-05-017 XXX. 2007 Resolution No. 07-243 Amending Resolution No. 05-0154 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 TOGETHER WITH THE FOLLOWING TARACT: TRACT NO. GI-100-0041NGRESS/EGRESS ROAD CONTAINING 2.188 ACRES, MORE OR LESS. TOGETHER WITH THE FOLLOWING TRACT: A PARCEL OF LAND LYING IN SECTION 28 TOWNSHIP 35 SOUTH RANGE 39 EAST ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: File No.: PUD-05-017 XXX. 2007 Resolution No. 07-243 Amending Resolution No. 05-0154 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 CONTAINING 0.254 ACRES, MORE OR LESS. SAID LAND CONTAINS 364.23 ACRES MORE OR LESS. Location: South side of Okeechobee Road (SR 70). % mile west of Gordy Road. Owned by BJK, Inc.. is hereby changed. I mlvll MV111-I NWIWAa WAGII II I I&=wjImmiwrnsrs=wn�eG4J, ru�url-_ I mwsisL aw__uuua=. urwi avi cal �wmly ✓raulNL N urG r✓✓ IrrOnrlcu Vllil � VG VIu UIIIWIIL — !✓Iccl101UG1 LVIIHN District St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft XXX Vice -Chairman Joseph E. Smith XXX Commissioner Paula A. Lewis XXX Commissioner Charles Grande XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED this XX day of XXX, 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST Deputy Clerk File No.: PUD-05-017 XXX. 2007 BY Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution No. 07-243 Amending Resolution No. 05-0154 Page 8 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 lap HAPlanning\ Creekside / Corrected Creekside Resolution 07-243.doc Exhibit A • General Location Map • Area Subject to the Change in Zoning File No.: PUD-05-017 XXX. 2007 Resolution No. 07-243 Amending Resolution No. 05-0154 Page 9 File No.: PUD-05-017 Resolution No. 07-243 Amending Resolution No. 05-0154 XXX. 2007 Page 10 CY) N N o O W c N ci C 06 3 to Y o can °` z s u —� N o Q a a t `s0 0 FI � vac e n� u_ \nay °° S eSaJann r c 6 � 4y � na}Me �yp�ry+•° IA � ll � 5 YIBL 8 pN0 MIB No.iV � 5 Otl IoO rl N M ry � uN f7 y ^ •BqO 3 - � F R Po Nou'.u5 c U 0 U o r c C V c � �—, CL - U) Gtl Beeu� OB .PoY[� I.ueJ K'J P 6G b O� Ajunoo aagogoaa�p A petition of BJK, Inc. for a Change in Zoning Classification from AG-1 (Agricultural- 1 du/ac) and R/C (Residential Conservation-1 du/5 ac) to PUD (Planned Unit Development - Creekside) - i HEIL RD i Ni.REI S AVE F PINE CONE LN ¢ HIDDEN PIZ=S RD o a 0 J PINE NEEDLE DR t LLONESOME PINE TRL-� o lL Z J W O U mm oBEE RO / / oKEEGH �fJ 0 Le end s 1t� N PUD 04-020 9 ;,. � JT y'rvd•[T .aPungyernenl Dr.�Hrlmen! n & RZ 04-023 J� Subject property Map prepared September 19, 2005 N bcc'-44' N'4- Env.sahr�S FinanL� RESOLUTION 05-154 2 File Numbwr: PUD-05.017 3 4 A RESOLUTION GRANTING FINAL PLANNED 5 UNIT DEVELOPMENT APPROVAL FOR A 6 PROJECT KNOWN AS CREEKSIDE. 7 8 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and 9 evidence, including but not limited to the staff report, has made the fallowing detemrnations: 10 11 1. BJK, Inc. presented a petition for a Final Planned Unit Development Plan and Preliminary Plat for 800-unit 12 residential subdivision (443 single-family units, 357 townhouse units, a 5.5-acre commercial /community 13 recreation area and a 5.1 scre public park) project to be known as Creekslde - PUD. 14 15 2. On October 21, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing on the 16 petition of BJK, Inc., after publishing a notice of such hearing in the Tribune and the Port St. Lucie News 17 and notifying by mail all property owners within 500 feet of the property boundaries. 18 19 3. On November 15, 2004, this Board held a public hearing on the petition of BJK, Inc., for Preliminary 20 Planned Unit Development approval for the project known as Cresfaide — PUD after publishing a notice 21 of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject 22 property and granted preliminary approval for the requested change to Zoning from the R/C 23 (Residential/Conservation), AGA (Agricultural, Residential - 1 du/acre), Zoning Districts to the PUD 24 (Planned Unit Development - Creekside) Zoning District 25 26 4. On September 20, 2005, this Board held a public hearing on the petition of BJK, Inc., for Final Planned 27 Unit Development approval for the project known as Creelalde-PUD after publishing a notice of such 28 hearing in the Tribune and noWng by mail all property owners within 500 feet of the subject property, and continued the hearing to the October 4, 2005, Board of County Commissioners meeting. 329 0 31 5. On October 4, 2005, the Board of County Commissioners continued the public hearing on this matter. 32 33 6. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the 34 proposed project and found it to meet all technical requirements and to be consistent with the future land 35 use maps of the St Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this 36 Resolution. 37 38 7. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. 39 Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and fine Code of 40 Ordinances of St. Lucie County. 41 42 8. The proposed project will not have an undue adverse effect on adjacent property, the character of the 43 neighborhood, he conditions, parking, utility facilities or other matters affecting the public health, safely 44 and general welfare. 45 46 9. 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. 447 8 49 10. The proposed project will be constructed, arranged and operated so as not to interfere with the 50 development and use of neighboring property, in accordance with applicable district regulations. 51 53 11. The proposed project will be served by adequate public facilities and services. 54 12. The applicant has demonstrated that water supply; evacuation faclfies and emergency access are 55 satisfactory to provide adequate fire protection. File No.: PU D-005-017 EDYaN M. FRy, Jr., cLERK OF THE CIRCUrT COURT SAW LucrE COMM Resolution 0"154 October 4, 2005 FLE s 2730T91 I w20r2M at o9:43 AM Page 1 OR BOOK 2394 PM3E 2M - 271e roc TWw: RESO RECORDING: $129.00 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 13. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Growth Management Director on October 5, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St Lucie County, Florida: A. Pursuant to Section 11.02.05(B) of the SL Lucie County Land Development Code, the Final Planned Unit Development Plan for the project to be known as Creekaide — IPUD, and is hereby, approved as shown on the site plan drawings for the project prepared by Houston Cuozo Group on June 7, 2004, last revised on July 30. 2005, and date stamped received by the St Lucie County Growth Management Department on September 14, 2005, subject to the following conditions: Prior to the recording of the first plat for the Creekside Planned Unit Development, the developer, his successors or assigns, shall pay to St, Lucie County the amount 01111,836,130 as the Road Impact Fee assessment due for this project. The payment of tide fee shall permit the development of 443 single family units and 357 multi -family units. In the event that any adjustments are approved to this project that changes this unit mix, provided that the total number of units does not exceed 800, the developers, their stir or assign, shall not be responsible for any additional Road Impact Fee payments to SL Lucie County. Should any additional units or other activities be proposed in the Creekside Planned Unit Development that would require the payment of additional Roads Impact Fees, the fees to be assessed shall be in accord with all adopted County regulations in edfect at the time approval of the additional units or activities N soughL Should the Board of County Commissioners approve a roads impact fee adjustment less than the agreed to payment schedule described above, the above described schedule shall apply. 2. Prior to recording of any plats (excluding General Boundary or Tract Plats) for any portion of the property that includes any area designated for protected upiand1wedand status, the developer, his successors or assigns shall provide for the creationJestabiish meet of a Conservation Easement over those areas as shown on the project site plan. This conservation easement shag be in favor of St. Lucie County and South Florida Water Management District. No alterations of land within these areas may take place without the prior consent of the County and determination by the County that the proposed activity is not in violation of any provision of the County's Comprehensive Plan or development standard of the County's Land Development Code. No improvements, except the elevated boardwalks, trails indicated and associated informational, educational or safety features as indicated on the site plan, shall be permitted within the Preserve Area. 3. Prior to recording of any plats (excluding General Boundary or Tract Plats) for any portion of the property that includes any area designated for protected uplandhVetiand status, the developer, his successors or assigns shall provide SL Lucie County with a management plan for all areas of protected uplandAmMand preservation areas as shown on the project site plan. The responsibilities and obligations associated with this management plan she# be included in any assignments to subsequent property owner association or similar management entity for the property. 4. The developer, his successors or assigns, shall be required to submit to SL Lucie County an annual monitoring report demonstrating compliance with the above conditions. The requirement for this report shall begin on the anniversary dete of commencement of consbuction and shall continue on that date until two (2) years alter the compledw of the development. For the purpose of this condition, 'completion of the development' shall mean the issuance of the 780 Certificate of Occupancy or the Certificate of Occupancy for the ge percentile of the final project density in the event that less than 800 units are constructed on this site. 5. Prior to the issuance of any land Clearing Permits for the Creekside PUD Site, the developer, his successors or assigns, shag dearly delineate all areas to be preserved and/or protected. Degneation shall be by either the placing of silt fencing, safety fencing or similar type of File No.: PUD-005-017 Resolution 05-0154 October 4, 2005 Page 2 I materials. Flagging shall not be used except to guide the installation of the fencing materials. 2 . All land clearing activities shall be to s000rdanoe to the specific oondRioria/sTrridsrds outlined 3 in the Land Clearing Permit Upon Installation the Environmental Resource Division prior to 4 issuance of the land -clearing permit shall inspect the installed fencing. 5 6 6. The developer, his successors or assigns, shall be required to constnxt right and left tum 7 lanes at all entrances into the project prior to issuing the first residential Certificate of 89 Occupancy. 10 7. Upon the determination of the Florida Department of Transportation that a traffic signal is I i warranted at the project entrance. it will be the responsibility of the developer, his successors 12 or assigns, to pay for the Installation of the traffic signal. 13 14 8. Prior to the issuance of the first residential building permit, the developer, successor, or his 15 assigns, shall have completed the execution of a utility service agreement with St. Lucie 16 County, indicating all developer obligations, including schedules, associated with servicing this 17 site. 18 19 9. Prior to the replatting of any portion of Tract B of Creekside Plat #1, the developer, his 20 successors or assigns shall submit to St. Lucie County an application for adjustment to the 21 approved Planned Unit Development depicting the area to be replatted and demonstrating to 22 the satisfaction of St. Lucie County that the proposed roost is consistent with the preliminary 23 and final approved development plans for Creekside PUD. 24 25 B. The property on which this site plan approval is being granted is described below. 26 27 TRACTI 28 29 THAT PART OF THE NORTHWEST 114 OF SECTION 26 LYING SOUTH OF STATE 30 ROAD 970 AND NORTH OF TEN MILE CREEK; THAT PART OF THE EAST 112 AND 31 THE SOUTHWEST 114 OF SECTION 27 LYING SOUTH OF STATE ROAD #70 AND 32 NORTH OF TEN MILE CREEK; ALL IN TOWNSHIP 35 SOUTH, RANGE 39 EAST, IN 33 ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPTING THEREFROM: 34 35 a) THE EAST 475.5 FEET OF THE EAST 112 OF THE NORTHWEST 114 OF SECTION 36 26 LYING NORTH OF THE NORTH ST. LUCIE RIVER DRAINAGE DISTRICT CANAL 37 #71. 38 39 b) THE FOLLOWING DESCRIBED PORTION OF THE SOUTHWEST 114 OF THE 40 SOUTHWEST 114 OF SECTION 27, LYING WEST AND SOUTH OF THE FOLLOWING 41 DESCRIBED LINE; BEGIN AT A POINT 52 FEET EAST OF THE NORTHWEST 42 CORNER OF SAID SOUTHWEST 1M OF SOUTHWEST 114 THENCE RUN SOUTH 43 00.4270" WEST ON A LIE PARALLEL TO THE SECTION LINE AND 52 FEET 44 EAST THEREOF, A DISTANCE OF 420.10 FEET; THENCE SOUTH 2V4825" EAST, 45 84.45 FEET; THENCE SOUTH 48*31*15" EAST, 93.71 FEET; THENCE NORTH 46 a9"00'06" EAST 399.31 FEET; THENCE SOUTH 75'01'30" EAST 436.70 FEET; 47 THENCE NORTH 47.4T46" EAST 44IL34 FEET TO A POINT ON THE EAST LINE OF, 48 AND 349.06 FEET SOUTH OF, THE NORTHEAST CORNER OF THE AFORESAID 49 SOUTHWEST 114 OF THE SOUTHWEST 114 OF SECTION 27. 50 51 c) THE NORTH 112 OF THE NORTHEAST 114 OF SECTION 27, NORTH OF STATE 52 ROAD #70. 53 54 d) THE FOLLOWING DESCRIBED BARN AND UTILITY AREA; COMMENCING AT 55 THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 56 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 01.19 00" EAST, File No.: PUD-005-017 Resolution 05-0154 October 4, 2005 Page 3 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ALONG THE EAST LINE OF SECTION 27 A DISTANCE OF 206.39 FEET TO THE SOUTH RIGHT-OF-WAY OF STATE ROAD 70; THENCE RUN WESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2730.79 FEET; A CENTRAL ANGLE OF 9*46*46" AN ARC DISTANCE OF 466.10 TO THE POINT OF BEGINNING; THENCE ON A TANGENT BEARING SOUTH 64"03'35" WEST RUN 386.42 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE RUN WESTERLY ALONG THE CURVE HAVING A RADIUS OF 7684.0 FEET THROUGH A CENTRAL ANGLE OF 4"12'3B" AND ARC DISTANCE OF 564.61 FEET; THENCE RUN SOUTH 00.41'25" EAST A DISTANCE OF 243.75 FEET; THENCE RUN NORTH 89"33'35" EAST A DISTANCE OF 525.0 FEET; THENCE RUN NORTH 2r48'35" EAST A DISTANCE OF 720.0 FEET TO THE POINT OF BEGINNING. e) RIGHTS OF WAY FOR OKEECHOBEE ROAD (S.R. 970), GENTILE ROAD, AND NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANALS NO.50 AND 51. Q A STRIP OF LAND 34.00 FEET IN WIDTH, LOCATED IN SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. SAID STRIP OF LAND LIES 17.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE WITH THE SIDELINES EXTENDING OR CONTRACTING AS NECESSARY TO FORM A CONTINUOUS LINE AND TO TERMINATE NORTHERLY AT THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 70 AND TO TERMINATE AT THE SOUTHERLY END WITH THE LINE PARALLEL WITH AND 50.00 FEET NORTH OF A CONCRETE BRIDGE: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 70 AND THE WEST LINE OF THE EAST 114 OF SAID SECTION 27, SAID INTERSECTION POINT BEING A POINT ON THE ARC OF A CURVE IN SAID SOUTH RIGHTOFWAY LINE (RADIAL LINE THROUGH WHICH BEARS SOUTH 21°4545" EAST), SAID CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 5863.58 FEET AND A CENTRAL ANGLE OF 00.20'56", THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 35.71 FEET TO THE POINT OF BEGINNING; THENCE SOUTH W38W EAST, ALONG A LINE PARALLEL WITH AND 17.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLE TO) THE WEST BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED AS "LESS AND EXCEPT PARCEL 4 IN EXHIBIT "A" IN OFFICIAL RECORDS BOOK 0959, PAGE 0721, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 239.59 FEET; THENCE SOUTH 4r38'06" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 64.88 FEET; THENCE SOUTH 00*1626" EAST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 2474.77 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE. 9) ALSO LESS AND EXCEPT FROM TRACT I THOSE PORTIONS CONVEYED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN OFFICIAL RECORD BOOK 1191, PAGE 1841 AND DESCRIBED ON EXHIBIT A-1 ATTACHED HERETO. TRACT II THAT PART, IF ANY, OF THE SOUTH 112 OF THE SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING SOUTH OF OKEECHOBEE ROAD (STATE ROAD 70) FAe No.: PUD-005-017 October 4, 2005 Resolution 05-0154 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 LESS AND EXCEPT THOSE PORTIONS CONVEYED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN OFFICIAL RECORD BOOK 1191, PAGE 1841, AND DESCRIBED AS FOLLOWS: A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT 0I-100-001 COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 27, THENCE SOUTH WST32" WEST, ALONG THE SOUTH LINE OF SAID SECTION 27, A DISTANCE OF 38.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF CANAL NO. 93 (76 FEET WIDE) AS SHOWN ON THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP, DATED MAY 1991, AND THE POINT OF BEGINNING; THENCE SOUTH W57'32" WEST, ALONG SAID SOUTH LINE OF SECTION 27, A DISTANCE OF 1283.33 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE NORTH 00'30'37" WEST, ALONG THE WEST LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 997.64 FEET TO THE INTERSECTION WITH THE APPROXIMATE NORTHERLY EDGE OF THE "TEN -MILE CREEK" TREE LINE, AS NOW EXISTING AND LOCATED; THENCE, GENERALLY FOLLOWING SAID APPROXIMATE NORTH EDGE OF THE "TEN -MILE CREEK" TREE LINE, THROUGH THE FOLLOWING COURSES: NORTH 88.34'48" EAST, A DISTANCE OF 104.43 FEET; NORTH 44°4527" EAST, A DISTANCE OF 330.60 FEET; NORTH 82°0130"EAST, A DISTANCE OF 30ILSS FEET; NORTH 10.48'09" WEST, A DISTANCE OF 90.57 FEET; SOUTH 84'36054" EAST, A DISTANCE OF 132.04 FEET; SOUTH 5rW51" EAST, A DISTANCE OF 104.68 FEET; SOUTH 65'0323" EAST, A DISTANCE OF 100.38 FEET; SOUTH 89041*10" EAST, A DISTANCE OF 72.20 FEET; NORTH 67.36'38" EAST, A DISTANCE OF 133.18 FEET; SOUTH 84.39'01" EAST, A DISTANCE OF 113.63 FEET; THENCE NORTH 6r38'1T' EAST, CONTINUING ALONG SAID TREE LINE, A DISTANCE OF 31.98 FEET TO THE INTERSECTION WITH THE AFORESAID WEST RIGHT -OF --WAY LINE OF CANAL NO. 93; THENCE SOUTH 00.49'00" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1310.58 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 27 AND THE POINT OF BEGINNING. TRACT 6I400-004 A PARCEL OF LAND LYING WITHIN THE WEST HALF OF SECTION 26, THE EAST HALF OF SECTION 27, THE NORTHEAST QUARTER OF SECTION 34, AND THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 27, THENCE NORTH 89-57'32" EAST, ALONG THE SOUTH LINE OF SAID SECTION 27, A DISTANCE OF 38.00 FEET TO THE INTERSECTION WITH THE EAST RIGHT-OF- WAY LINE OF CANAL NO. 93 (76 FEET WIDE) AS SHOWN ON THE NORTH ST. File No.: PUD-005-017 October 4, 2005 Resolution 05-0154 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP, DATED MAY 1991, AND THE POINT OF BEGINNING; THENCE NORTH 00*W33' EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A INSTANCE OF 0.21 FEET; THENCE NORTH 00.49.00' WEST, CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, BEING A LINE PARALLEL WITH AND 38.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE EAST HALF OF SAID SECTION 27, TO THE INTERSECTION WITH THE APPROXIMATE NORTHERLY EDGE OF THE "TEN -MILE CREEK- TREE LINE, AS NOW EXISTING AND LOCATED, A DISTANCE OF 1352.74 FEET; THENCE, GENERALLY FOLLOWING SAID APPROXIMATE NORTHERLY EDGE OF THE "TEN -MILE CREEK" TREE LINE, THROUGH THE FOLLOWING COURSES: NORTH 60638'17" EAST, A DISTANCE OF 117.01 FEET; NORTH 41.4011" EAST, A DISTANCE OF 154.40 FEET; NORTH 6602344" EAST, A DISTANCE OF 393.04 FEET, NORTH 71°02'30" EAST, A DISTANCE OF 434.92 FEET; THENCE NORTH 78"55'46" EAST, CONTINUING ALONG SAID APPROXIMATE NORTHERLY EDGE OF THE "TEN -MILE CREEK" TREE LINE, A DISTANCE OF 244.28 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH AND 50.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLE TO) THE CENTERLINE OF A 13 FOOT WIDE CONCRETE BRIDGE SPANNING SAID "TEN -MILE CREEK"; THENCE NORTH 0("56'41" WEST, ALONG SAID LINE, A DISTANCE OF 51.53 FEET; THENCE NORTH 89.03'19" EAST, PERPENDICULAR TO THE PRECEDING COURSE AND ALONG A LINE PARALLEL WITH AND 50.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE NORTH EDGE OF THE AFORESAID BRIDGE, A DISTANCE OF 100.00 FEET; THENCE SOUTH OW5611" EAST, PERPENDICULAR TO THE PRECEDING COURSE AND ALONG A LINE PARALLEL WITH AND 50.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE AFORESAID CENTERLINE OF BRIDGE, A DISTANCE OF 118.74 FEET TO THE INTERSECTION WITH THE APPROXIMATE CENTERLINE OF THE AFORESAID MAIN CHANNEL OF "TEN -MILE CREEK" AS ESTABLISHED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND SHOWN ON MAP TITLED: "TEN -MILE CREEK CROSS SECTIONS"; DRAWING NO. TMC-100, SHEET 1 OF 7, DATED 18 FEBRUARY 1998; THENCE GENERALLY FOLLOWING SAID APPROXIMATE CENTERLINE OF THE MAIN CHANNEL OF "TEN -MILE CREEK", THROUGH THE FOLLOWING COURSES: NORTH 72.53'13" EAST, A DISTANCE OF 224.87 FEET; NORTH 31027'25" EAST, A DISTANCE OF 182.46 FEET; NORTH 38.12'17" EAST, A DISTANCE OF 164.70 FEET; NORTH 4r30'25" EAST, A DISTANCE OF 191.72 FEET; NORTH W4"44'45" EAST, A DISTANCE OF 343.88 FEET; NORTH 72"56'07" EAST, A DISTANCE OF 289.86 FEET; THENCE NORTH 64044'57" EAST, CONTINUING ALONG SAID APPROXIMATE CENTERLINE OF THE MAIN CHANNEL OF "TEN -MILE CREEK", A DISTANCE OF 300.83 FEET TO THE INTERSECTION WITH THE EAST LINE OF THE AFORESAID EAST HALF OF SECTION 27, BEING ALSO THE WEST LINE OF THE AFORESAID WEST HALF OF SECTION 26; THENCE NORTH OM579" WEST, ALONG SAID WEST LINE OF SECTION 26, A DISTANCE OF 7OA3 FEET TO THE INTERSECTION WITH THE APPROXIMATE SOUTHERLY EDGE OF AN APPROXIMATE 10 FOOT WIDE FARM ROAD LYING NORTH OF THE AFORESAID "TEN -MILE CREEK"; THENCE, GENERALLY FOLLOWING SAID APPROXIMATE SOUTHERLY EDGE OF A FARM ROAD, THROUGH THE FOLLOWING COURSES: Fite No.: PUD-005-017 October 4, 2005 Resolution 05-0154 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 NORTH "930"3Z" EAST, A DISTANCE OF 55.73 FEET, NORTH OrI4'35" EAST, A DISTANCE OF 29.17 FEET; NORTH 29'10"24" WEST, A DISTANCE OF 102.31 FEET; NORTH 51600'19' WEST, A DISTANCE OF 36.96 FEET; NORTH 80.32'09' WEST, A DISTANCE OF 30.54 FEET; SOUTH 8T25'OT WEST, A DISTANCE OF 42.20 FEET; SOUTH 76.40124" WEST, A DISTANCE OF 41.64 FEET; SOUTH 5Y13'22" WEST, A DISTANCE OF 94.16 FEET: SOUTH 58005'45" WEST, A DISTANCE OF 143.54 FEET; SOUTH 8T5147" WEST, A DISTANCE OF 178.12 FEET; NORTH 79'01'57" WEST, A DISTANCE OF 42.90 FEET; NORTH 65'2V32" WEST, A DISTANCE OF 58.11 FEET; NORTH 56'22'17" WEST, A DISTANCE OF 189.29 FEET; NORTH 3848'1T WEST, A DISTANCE OF 28.44 FEET; NORTH 22.12'18" WEST, A DISTANCE OF 60.22 FEET; NORTH 09'01'50" WEST, A DISTANCE OF 13OA2 FEET; NORTH 02MW370 EAST, A DISTANCE OF 78.24 FEET; NORTH 04'07'04' EAST, A DISTANCE OF 53.23 FEET; NORTH 38.42'51' EAST, A DISTANCE OF 156.53 FEET NORTH 51'52Vr EAST, A DISTANCE OF 77.02 FEET; NORTH 68.34'12" EAST, A DISTANCE OF 53A3 FEET; NORTH W22'57" EAST, A DISTANCE OF 70.21 FEET; NORTH 89'26'42' EAST, A DISTANCE OF 76.27 FEET; NORTH 15'16'12" EAST, A DISTANCE OF 112A4 FEET; NORTH 37.46'44" EAST, A DISTANCE OF 94.36 FEET; NORTH 57.16'14' EAST, A DISTANCE OF 39.20 FEET: SOUTH 88'46'18" EAST, A DISTANCE OF 93.09 FEET; SOUTH 53'30'16 EAST, A DISTANCE OF 190.35 FEET; NORTH 86'3T30" EAST, A DISTANCE OF 43.97 FEET; SOUTH 62'08'24" EAST, A DISTANCE OF 100.75 FEET; SOUTH 72'00'01' EAST, A DISTANCE OF 132.34 FEET; SOUTH 83.19'20" EAST, A DISTANCE OF 88.01 FEET; NORTH 75.32'07" EAST, A DISTANCE OF 71.76 FEET; NORTH 23.43'31' WEST, A DISTANCE OF 89.51 FEET; NORTH 01'00'12" EAST, A DISTANCE OF 57.48 FEET; NORTH 24004W EAST, A DISTANCE OF 3L14 FEET; NORTH 57.16'08" EAST, A DISTANCE OF 157.86 FEET; NORTH 3707'16" EAST, A DISTANCE OF 105.36 FEET; NORTH 02.11"21" EAST, A DISTANCE OF 155.19 FEET; NORTH 83024'17" WEST, A DISTANCE OF 193.64 FEET; NORTH 00'31'06" EAST, A DISTANCE OF 27.52 FEET; NORTH 88'39'S0' EAST, A DISTANCE OF 506.80 FEET; NORTH 8T11'51" EAST, A DISTANCE OF 472.35 FEET; SOUTH TM3'51" EAST, A DISTANCE OF 64.97 FEET; NORTH 66'06'47" EAST, A DISTANCE OF 135.04 FEET; SOUTH 87'06'16" EAST, A DISTANCE OF 161.10 FEET; SOUTH 73'32'28" EAST, A DISTANCE OF 163.92 FEET; SOUTH 78.5442' EAST, A DISTANCE OF 41628 FEET; THENCE SOUTH 75.1441' EAST, CONTINUING ALONG SAID APPROXIMATE SOUTHERLY EDGE OF A FARM ROAD, A DISTANCE OF 41.96 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 475.5 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF AFORESAID SECTION 26; THENCE CONTINUE SOUTH 754,C11" EAST, DEPARTING SAID SOUTH LINE OF ROAD AND BEGIN FOLLOWING THE APPROXIMATE NORTHERLY BANK OF THE MAIN CHANNEL OF "TEN -MILE CREEK', A DISTANCE OF 341.02 FEET; THENCE SOUTH 7400479" EAST, CONTINUING ALONG SAID APPROXIMATE NORTH BANK OF "TEN -MILE CREEK", A DISTANCE OF 118.12 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF CANAL NO. 95 (67.00 FEET WIDE), AS SHOWN ON THE AFORESAID NORTH ST LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP; THENCE SOUTH 00°38'11" FAST ALONG SAID RIGHT-OF-WAY LINE, BEING A LINE PARALLEL WITH AND 33.50 FEET WEST OF (AS MEASURED AT RIGHT ANGLES) TO THE EAST LINE OF THE AFORESAID WEST HALF OF SECTION 26, A DISTANCE OF 3924.30 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 26; THENCE NORTH 89'38'14" EAST, ALONG SAID SOUTH LINE OF SECTION 26, BEING ALSO THE SOUTH RIGHT-OFWAY LINE OF SAID CANAL NO. 95, A DISTANCE OF 33.50 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 26; THENCE, DEPARTING SAID CANAL RIGHT-OF-WAY LINE, BEAR SOUTH 00-11108" EAST, ALONG THE EAST LINE OF THE AFORESAID NORTHWEST QUARTER OF SECTION 35, A DISTANCE OF 2581.47 FEET TO THE INTERSECTION File No.: PUD-005-017 October 4, 2005 Resolution 05-0154 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 WITH THE NORTH R11GHTOFWAY LINE OF CANAL 101 (98.00 FEET WIDE), AS SHOWN ON THE AFORESAID NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP; THENCE SOUTH 89.45'23" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, BEING A LINE PARALLEL WITH AND 49.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE SOUTH LINE OF THE AFORESAID NORTHWEST QUARTER OF SAID SECTION A A DISTANCE OF 2667.20 FEET; THENCE NORTH 00'014V EAST, ALONG SAID WEST LINE OF SECTION 35 AND CONTINUING ALONG SAID CANAL 95 RIGHT-OF-WAY LINE, A DISTANCE OF 13.93 FEET; THENCE SOUTH WS3'33" WEST, DEPARTING SAID WEST LINE OF SECTION 35, ENTERING INTO AFORESAID SECTION 34 AND CONTINUING ALONG THE SAID NORTH RIGHT-OFWAY LINE OF CANAL NO. 101, BEING A LINE PARALLEL WITH AND 63.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE SOUTH LINE OF THE AFORESAID NORTHWEST QUARTER OF SECTION 34, A DISTANCE OF 2607.88 FEET TO THE INTERSECTION WITH THE AFORESAID EAST RIGHT-OF-WAY LINE OF CANAL NO. 93, THENCE NORTH 00*W33" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE OF CANAL NO. 93, BEING A LINE PARALLEL WITH AND 38.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE AFORESAID NORTHWEST QUARTER OF SECTION 34, A DISTANCE OF 2565.84 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 01019 00" EAST, ALONG THE EAST LINE OF SECTION 27 A DISTANCE OF 208.39 FEET TO THE SOUTH RIGHT-0F4VAY OF STATE ROAD 70; THENCE RUN WESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2730.79 FEET; A CENTRAL ANGLE OF 9°46'46" AN ARC DISTANCE OF 466.10 TO THE POINT OF BEGINNING; THENCE ON A TANGENT BEARING SOUTH 64'03'35" WEST RUN 386.42 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE RUN WESTERLY ALONG THE CURVE HAVING A RADIUS OF 7684.0 FEET THROUGH A CENTRAL ANGLE OF 4011r36" AND ARC DISTANCE OF 564.61 FEET, THENCE RUN SOUTH 00.4175" EAST A DISTANCE OF 243.75 FEET; THENCE RUN NORTH 89.33"35" EAST A DISTANCE OF 525.0 FEET; THENCE RUN NORTH 2r48'35" EAST A DISTANCE OF 726.0 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEING A TRACT OF LAND IN THE NORTHWEST 114 OF SECTION 27, TOWNSHIP 35 SOUTH. RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST 114 OF SECTION 27, TOWNSHIP 35 SOUTH RANGE 39 EAST; THENCE N 89.4926" W ALONG THE SOUTH LINE OF SAID NORTHWEST 114 A DISTANCE OF 1,862.86 FEET, TO THE EAST LINE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1516, PAGE $47, ST. LUCIE COUNTY, FLORIDA, THENCE N 00.10"35" E, ALONG SAID EAST LINE, A DISTANCE OF 990.29 FEET, TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 70 (ALSO KNOWN AS OKEECHOBEE ROAD); THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES; THENCE N 75'57'Sr E A DISTANCE OF 394.24 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 17,322.74 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF File No.: PUD-005-017 October 4, 2005 Resolution 05-0154 Page 8 1 31.69 FEET THROUGH A CENTRAL ANGLE OF 00*Wl7" TO THE WESTERLY LINE 2. OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 283, PAGE ISM, ST. LUCIE 3 COUNTY, FLORIDA; THENCE ALONG THE WESTERLY, SOUTHERLY AND 4 EASTERLY BOUNDARIES OF SAID LANDS THE BY THE FOLLOWING COURSES 5 AND DISTANCES; THENCE S 12045'10" E A DISTANCE OF MAI FEET; THENCE N 6 76*30*50" E A DISTANCE OF 154.69 FEET; THENCE N 12.45'10" W A DISTANCE OF 7 204.87 FEET, TO THE POINT OF INTERSECTION WITH A NON TANGENT CURVE, 8 CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 17,322.74 FEET, THE 9 CHORD OF WHICH BEARS N 74.3T30" E, AND BEING THE SOUTH RIGHT-OF-WAY 10 LINE OF STATE ROAD 70 (OKEECHOBEE ROAD); THENCE NORTHEASTERLY 11 ALONG THE ARC OF SAID CURVE, A DISTANCE OF 438.14 THROUGH A CENTRAL 12 ANGLE OF 0102WS7" TO THE INTERSECTION WITH THE WESTERLY LINE OF 13 THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1407, PAGE 2822, OF 14 THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG THE 15 WESTERLY AND SOUTHERLY BOUNDARY OF SAID LANDS BY THE FOLLOWING 16 COURSES AND DISTANCES; THENCE S 20'51'45" E A DISTANCE OF 170.74 FEET; 17 THENCE N 64*W45" E A DISTANCE OF 100.00 FEET TO THE NORTHWEST 18 CORNER OF THOSE LANDS DESCRIED IN OFFICIAL RECORDS BOOK 1408, 19 PAGE 0031, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; 20 THENCE ALONG THE WESTERLY, SOUTHERLY AND EASTERLY BOUNDARIES OF 21 LASTLY AFORESAID LANDS BY THE FOLLOWING COURSES AND DISTANCES; 22 THENCE S 05"5376" E A DISTANCE OF 283.7E FEET; THENCE N 6drW49" E A 23 DISTANCE OF 491.83 FEET; THENCE N W23'15" W A DISTANCE OF 384.89 FEET 24 TO THE POINT OF INTERSECTION WITH THE SAID SOUTH RIGHT-OF-WAY LINE 25 OF STATE ROAD 70 (OKEECHOBEE ROAD); THENCE N 71.58W E. ALONG SAID 26 SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 255.10 FEET TO THE 27 INTERSECTION WITH THE EAST LINE OF SAID NORTHWEST 114; THENCE S 28 00"24'44" E, ALONG SAID EAST LINE A DISTANCE OF IM65 FEET TO THE 29 POINT OF BEGINNING. 30 31 TOGETHER WITH THE FOLLOWING TARACT: 32 33 TRACT NO. G1400-0041NGRESS/EGRESS ROAD 34 35 A STRIP OF LAND 34.00 FEET IN WIDTH, FOR INGRESS AND EGRESS PURPOSES, 36 LOCATED IN SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE 37 COUNTY, FLORIDA. SAID STRIP OF LAND LIES 17.00 FEET ON EACH SIDE OF 38 THE FOLLOWING DESCRIBED CENTERLINE WITH THE SIDELINES EXTENDING 39 OR CONTRACTING AS NECESSARY TO FORM A CONTINUOUS LINE AND TO 40 TERMINATE NORTHERLY AT THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE 41 ROAD 70 AND TO TERMINATE AT THE SOUTHERLY END THE LINE PARALLEL 42 WITH AND 50.00 FEET NORTH OF A CONCRETE: 43 44 COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT -OW -WAY LINE OF 45 STATE ROAD 70 (A 200.00 FOOT WIDE RIGHT-OF-WAY) AND THE WEST LINE OF 46 THE NORTHEAST % OF THE NORTHEAST % OF SAID SECTION 27, SAID 47 INTERSECTION POINT BEING A POINT ON THE ARC OF A CURVE ON SAID 48 SOUTH RIGHT-OF-WAY LINE (A RADIAL LINE TO SAID POINT BEARS SOUTH 21 49 52-OW EAST), SAID CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A 50 RADIUS OF 7684.00 FEET6 AND A CENTRAL ANGEL OF 00 1957", THENCE 51 SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 35.66 52 FEET TO THE POINT OF BEGINNING; 53 File No.: PUD-005-017 Resolution 05-0154 October 4, 2005 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 THENCE SOUTH 00 41'25" EAST, ALONG A LINE PARALLEL WITH AND 17.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLES TO) THE WEST BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED AS "LESS AND EXCEPT PARCEL 4 IN EXHIBIT A", IN OFFICIAL RECORDS BOOK OM, PAGE 0721, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 239.69 FEET; THENCE SOUTH 45 4125" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 84.88 FEET; THENCE SOUTH 00 19'45" EAST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 2478.30 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE CONTAINING 2.188 ACRES, MORE OR LESS. TOGETHER WITH THE FOLLOWING TRACT: A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 26; THENCE 801 25'29"E A DISTANCE OF 1374A2 FEET; THENCE N88 391S0"E A DISTANCE OF 311.97 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE N88 39'50"E A DISTANCE OF 267.88 FEET TO THE INTERSECTION WITH A NONTANGENT CURVE CONCAVE TO THE NORTH WEST, HAVING A RADIUS OF 325.00 FEET, THE CHORD OF WHICH BEARS S30 22'26"W; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 20.37 FEET THROUGH A CENTRAL ANGLE OF 03 35'29" TO THE INTERSECTION WITH A NONTANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 275.00 FEET, THE CHORD OF WHICH BEARS S38 10'37"W, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 92.16 FEET THROUGH A CENTRAL ANGLE OF 19 11'S6" THENCE NO2 1111"E A DISTANCE OF 33.93 FEET; THENCE N83 24117"W A DISTANCE OF 193.64 FEET; THENCE N00 31'06"E A DISTANCE OF 27.52 FEET TO THE POINT OF BEGINNING. CONTAINING 0.254 ACRES, MORE OR LESS. SAID LAND CONTAINS 364.23 ACRES MORE OR LESS. Location: South side of Okeechobee Road (SR 70), % ndie west of Gordy Road. C. This Final Planned Unit Development Site Plan approval shalt expire on October 4, 2007, unless an extension is granted in acc:ordence with Section 11.02.06(Bx3), St. Lucie County Land Development Code or unless a building permit is secured. D. The Final Planned Unit Development Site PlaNPreliminary Plat approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Creekside — PUD, including any successors in interest, shell obtain an necessary development permits and constriction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District Prix► to the issuance of any local building permits of authorizations to commence development activities on the property described m Part B. File No.: PUD-005-017 October 4, 2005 Resolution 05-0154 Page 10 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 29 30 32 33 34 36 37 39 40 42 43 E. The conditions set forth in Part A are an integral nonseverable pad of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or uneniorceeble for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which said plan shall be placed on file with the St. Lucie County Growth Management Department. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson AYE Vice -Chairman Doug Coward AYE Commissioner Paula A. Lewis AYE Commissioner Joseph E. Smith AYE Commissioner Chris Craft AYE PASSED AND DULY ADOPTED this 4' day of October, 2005. ATTEST H 1Planningl C 0*We Resdudon SOCC 1049-05.doc File No.: PUD-005-017 October 4, 2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE�WNTY, FLORIDA- APPROVED AS TO FORM ' AND CORRECTNESS Resolution 05-0154 Page 11 1 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 Exhibit A • General Location Map • Area Subject to the Change in Zoning • Certificate of Capacity File No.: PUD-005-017 October 4, 2005 Resolution 05-0154 Page 12 St Lucie County Certificate of Capacity Date 10/5/2005 Certificate No. 2212 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development CREEKSIDE PLANNED UNIT DEVELOPMENT Number of units 800 Number of square feet 2. Property legal description & Tax ID no. 2327 124 0001 000/8, et al SOUTH SIDE OF OKEECHOBEE RD,1/2 MI W OF GRODY CREEKSIDE PUD 3. Approval: Building Resolution No. 05-154 4. Subject to the following conditions for concurrency: 9 CONDITIONS DESCRIBED IN RESOLUTION #05-154 Owner's name BX, LLC Address 6130 N. W. 74TH AVENUE MIAMI FL 33166 S. Certificate Expiration Date 10/5/2006 Letter 10/05/05 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the some property, use and size as described herein. Signed Date: 10/6/2005 Growth Management Director St Lucie County, Florida Thursday, October 06, 2005 Page I of 2 A petition of BJK, Inc. for a Change in Zoning Classification from AG-1 (Agricultural- 1 du/ac) and R/C (Residential Conservation-1 du/5 ac) to PUD (Planned Unit PUD 04-020 LegendN & RZ 04-023 ® Subject property�� Map prepared September 19, 2005 MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 28, 2007 Convened: 9:50 a.m. Tape: 1 Adjourned: 9.55 a.m. Commissioners Present: Paula Lewis, Chairman; Doug Coward, Joe Smith, Charles Grande, Chris Craft Others Present: Faye Outlaw, Assistant County Administrator; Dan McIntyre, County Attorney; Beth Ryder, Community Services Director; Jack Southard, Public Safety Director; Marie Gouin, Management & Budget Director; Neil Appel, Purchasing Director; Dennis Wetzel, Information Technologies Director; Robert Nix, Growth Management Director; Vanessa Bessy, Environmental Lands; Mike Pawley, County Engineer; Mark Godwin, Criminal Justice Coordinator; Lauri Heistermann, Deputy Clerk 1. MINUTES Approve the minutes from the meeting held on August 14, 2007. It was moved by Commissioner Coward and seconded by Commissioner Smith to approve the minutes from the meeting held on August 14, 2007; and upon roll call motion carried unanimously. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA It was moved by Commissioner Smith and seconded by Commissioner Coward to approve the consent agenda; and upon roll call motion carried unanimously WARRANTS LIST Approve warrants List No. 46 and 47. There being no further business to be brought before the Board, the meeting was adjourned at 9:55 a.m. Chairman Clerk of Circuit Court OB/17/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #46- 11-AUG-2007 TO 17-AUG-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 214,892.91 0.00 GRAND TOTAL: 214,892.91 0.00 OB/24/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #47- 18-AUG-2007 TO 24-AUG-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 59,656.06 GRAND TOTAL: 59,656.06 PAYROLL 47,340.89 47,840.89 09/07/07 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #49- 01-SEP-2007 TO 07-SEP-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 75,193.55 GRAND TOTAL: 75,193.55 PAGE 1 PAYROLL 43,888.25 43,888.25 09/07/07 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #49- 01-SEP-2007 TO 07-SEP-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 6,248.14 GRAND TOTAL: 6,248.14 PAGE 1 PAYROLL 4,713.60 4,713.60 08/31/07 ST. LUCIE COUNTY - BOARD PAGE 1 F7ABWARR WARRANT LIST #48- 25-AUG-2007 TO 31-AUG-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 43,206.70 0.00 146 Mosquito State I Fund 2,023.64 0.00 GRAND TOTAL: 45,230.34 0.00 08/31/07 FZABWARR FUND 184 ST. LUCIE COUNTY - BOARD WARRANT LIST #48- 25-AUG-2007 TO 31-AUG-2007 FUND SUMMARY- EROSION TITLE EXPENSES Erosion Control Operating Fund 1,020.52 GRAND TOTAL: 1,020.52 PAGE 1 PAYROLL 0.00 0.00 r ITEM NO. DATE: AGENDA REQUEST REGULAR TO: ST.LUCIE COUNTY MOSQUITO CONTROL DISTRICT SUBMITTED BY: SUBJECT: BACKGROUND: PURCHASING DEPARTMENT C2 A 09/11/07 PUBLIC HEARING ( ) CONSENT ( X ) PRESENTED BY: Neil Appel, Purchasing Director Board permission to award Invitation to Bid #07-077; Exotic Maintenance Removal Program to the lowest responsive, responsible, bidder, J.D. Sunny Isle, Inc. Please see attached memorandum. FUNDS AVAILABLE: 145-6230-534000-600 Other Contractual Services PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid #07-077 Exotic Maintenance Removal Program, to the lowest responsive, responsible, bidder, J.D. Sunny Isle, Inc. and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: ( APPROVED () DENIED () OTHER Approved 5-0 County Attorney (X) ill Mosquito Control (X) CONCURRENCE: Douglas M. Anderson County Administrator Coordination/Signatures Mgmt & Budget (X Purchasing (X) ;eX, Other Finance (J for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: St. Lucie County Mosquito Control District FROM: Neil Appel, C.P.M., Purchasing Director DATE: August 21, 2007 RE: Board permission to award Invitation to Bid (ITB) #07-077; Exotic Maintenance Removal Program to the lowest responsive, responsible, bidder, J.D. Sunny Isle, Inc. Background: On June 27, 2007, staff issued ITB #07-077 for exotic maintenance removal. This bid was priced on a unit basis for physical removal with an estimated maximum, and maintenance based upon unit price only. Six hundred ninety eight (698) firms were notified, Fifty seven (57) bid packages were distributed, and ten (10) bids were submitted. Recommendation: Staff recommends Board approval to award Invitation to Bid #07-077 Exotic Maintenance Removal Program, to the lowest responsive, responsible, bidder, J.D. Sunny Isle, Inc. for: 1. Physical removal for a not to exceed cost of $161,975.00; 2. Maintenance based upon submitted unit prices, and 3. Authorization for the Chairman to sign the contract as prepared by the County Attorney. NA/sm 91 CD fD O f0 N 9 -+ 'O -� V O O. m X D n (D •yT N N 7 0 �, (D _O (7 O,� ? y m C N 3 j = 4. 7C! 0) ic m 3 co s 0 � m F n c a m 0 _a 3 7 N D D v!m m z 3' 9 m W fA fA EA fA fA HI fA EA fA fA W C. U1 � <J C) N N N N N N N N N_ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O O O O O O O O O (T O O C. 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N O A OIOIOIOIOIOIO 0 O V y rn x 0 O m m m o D c c r Z w � rn N Z O D O V .z. n N rn O O m AGENDA REQUEST TO: ST.LUCIE COUNTY MOSQUITO CONTROL DISTRICT SUBMITTED BY: SUBJECT: PURCHASING DEPARTMENT ITEM NO. C2-13 DATE: 09/11/07 REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) PRESENTED BY: Neil Appel, Purchasing Director Board approval to reject all responses to Request for Proposal (RFP) #07-078, Emergency Debris removal/Dike Repair and permission to re -issue the item as an Invitation to Bid. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 145-6230-599300-prog Reserves PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to reject all responses to Request for Proposal (RFP) #07-078, Emergency Debris removal/Dike Repair and permission to re -issue the item as an Invitation to Bid. COMMISSION ACTION: (%f APPROVED () DENIED () OTHER Approved 5-0 County Attorney (X) Mosquito Control (X) Coordination/Signatures Mgmt & Budget (X)U& IMAA Other CONCURRENCE: Douglas M. Anderson County Administrator Purchasing (X) Finance (J for copy only if applicable) 1 PURCHASING DEPARTMENT MEMORANDUM TO: St. Lucie County Mosquito Control District FROM: Neil Appel, C.P.M., Purchasing Director DATE: August 27, 2007 RE: Board approval to reject all responses to Request for Proposal (RFP) #07-078, Emergency Debris removal/Dike Repair and permission to re -issue the item as an Invitation to Bid. Background: Staff issued RFP07-078 for firms to provide post -catastrophe contractual services to clear dikes and parking areas of debris for emergency access, and provide permanent repairs to dikes and accesses after completing the debris removal process. The submittals received did not follow the scope correctly, and the staff re -designed the bid compensation form to clarify the work items. Funds are to be made available from FEMA and State of Florida after (Future) Emergency Declaration(s) is processed and Account no. 145-6230-599300-prog Reserves Recommendation: Staff recommends Board approval to reject all responses to Request for Proposal (RFP) #07-078, Emergency Debris removal/Dike Repair and permission to re -issue the item as an Invitation to Bid. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR TABULATION SHEET - RFP #07-078 EMERGENCY DEBRIS REMOVAL / DIKE REPAIR OPENED: WED. 07/18/07 AT 2:00 PM EIGHT(8) submittals were received for subject proposal: CEM ENTERPRISES, INC. Contact: Charles Meeks Phone: 407-884-9148 Fax: 407-884-2972 Address: 1757 Benbow Court, Apopka, FI. 32703 EMC Contact: G. Brian Wheeler Phone: 386-679-8174 Fax: 386-427-3396 Address: 2773 Date Palm Drive, Edgewater, FI. 32141 King Maritime, Inc. Contact: David J. Thornton Phone: 772-465-8553 Fax: 772-465-8799 Address: 18 fisherman's Wharf, Fort Pierce, FI. 34950 Native Techologies Contact: Robert B.Miller Phone: 954-596-2411 Fax: 954-480-6249 Address: 814 South Military Trail, Deerfield Beach, FI. 33442 _Optimum Services, Inc. Contact: Richard Evans Phone: 863-467-2572 Fax: 863-467-8067 Address: 5900 Highway 70 East, Okeechobee, FI. 34972 Sunshine Land Design, Inc. Contract: Timothy R. Taylor Phone: 772-283-2648 Fax: 772-283-8944 Address: P.O. Box 559 Pt. Salerno, FI. 34992 TSI Disaster Recovery Services Contact: Daniel Gurkin Phone: 407-891-7731 Fax: 407-891-7739 Address: 1700 13'h St. Suite 4, St. Cloud, FI. 34769 Underwater Engineering Services, Inc. Contact: Joseph Frederickson Phone: 772-337-3116 Fax: 772-337-0294 Address: 1326 Biltmore Street, Port St. Lucie, FI. 34983 NUMBER OF COMPANIES NOTIFIED*: 1140 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 75 NUMBER OF BIDS RECEIVED: 8 f 1 AGENDA REQUEST TO: Mosquito Control District Board SUBMITTED BY (DEPT): Mosquito Control ITEM NO. C-,?> DATE: September 11, 2007 CONSENT [ X ] REGULAR [ l PUBLIC HEARING [ ] Leg. [ ]Quasi -JD.[ ] PRESENTED BY: James R. David SUBJECT: Florida Department of Agriculture and Consumer Services (DACS) —Annual Agreement for Fiscal Year 2007/8 BACKGROUND: Attached to this memorandum is a copy of the previous annual agreement between the Florida Department of Agriculture and Consumer Services (DACS) and the Saint Lucie County Mosquito Control District, for Fiscal Year 2006/7. Permission is requested to renew this annual agreement for Fiscal Year 2007/8. FUNDS AVAIL.: N/A PREVIOUS ACTION: Annual renewal of FY2006/7 DACS Agreement on September 12, 2006 RECOMMENDATION: Staff recommends Board approval and Chairperson execution of the annual agreement with the Florida Department of Agriculture and Consumer Services, for Fiscal Year 2007/8, pending County Attorney review and approval of the proposed agreement. COMMISSION ACTION: b4 APPROVED [ ] DENIED [ ] OTHER: Approved 5-o CONCURRENCE: Douglas Anderson, County Administrator Coordination/Signatures ✓County Attorney: Mgt & Budget: Purchasing: 4.�dtiginating Dept: Public Works: Other: Finance: (copies on),): r MEMORANDUM TO: Mosquito Control District Board FROM: James R. David, Mosquito Control Director DATE: August 16, 2007 SUBJECT: Florida Department of Agriculture and Consumer Services (DACS)—Annual Agreement for Fiscal Year 2007/8 BACKGROUND: Attached to this memorandum is a copy of the previous agreement between the Florida Department of Agriculture and Consumer Services (DACS) and the Saint Lucie County Mosquito Control District, for Fiscal Year 2006/7. Permission is requested to renew this annual agreement for Fiscal Year 2007/8. RECOMMENDATION Staff recommends Board approval and Chairperson execution of the annual agreement with the Florida Department of Agriculture and Consumer Services, for Fiscal Year 2007/8, pending County Attorney review and approval of the proposed agreement. PA� - og- 47e Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner CT The Capitol • Tallahassee, FL 32399-0800 1 7, n 7 This AGREEMENT, made and entered into this _day o1 006 by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, nd the St. Lucie County Mosquito Control District, the CONTRACTOR. CONTRACT PERIOD: October 1, 2006 through September 30, 2007 When state funds are involved, it is the duty of the department to guide, review, approve, and coordinate the activities of all county governments and special districts receiving state funds in furtherance of the goal of integrated mosquito control. The Contractor agrees to the comply with the following statutory language of Chapter 388, F.S. and Administrative Code 5E-13. An operational work plan on DACS form 13666 entitled "Operational Work Plan Narrative", a signed acknowlegement of notification of being subject to Section 215.97, F.S. and a detailed work plan on DACS form 13623 entitled "Detailed Work Plan Budget providing for the control of mosquitoes are to be filed with the department not later than July 15 . Following approval of the work plan and detailed work plan budget by the department, two notadzed(certified) copies of the county's or district's certified budget on form DACS form13617, entitled "Annual Certified Budget for Mosquito Control" shall be submitted to the department not later than September 15%following. If any changes are made (i.e. local cash carry forward, etc.) to the Annual Certified Budget for Mosquito Control after October 1 st, a budget amendment on DACS form 13613 entitled "Arthropod Control Budget Amendment" must be submitted to the department not later than October 30Z NO EXCEPTIONS WILL BE MADE. Budget amendments on DACS form 13613, entitled "Arthropod Control Budget Amendment," and hereby incorporated by reference shall be prepared and submitted to the department p±or to over -expending funds in any account or expending funds in non -budgeted accounts. Budget amendments must be explained by accompanying requests for approval of changes to be made in the detailed budget. Department approval of the amendment(s) must be received before such expenditures are made. Not later than thirty(30) days after the end of each month (i.e. October reports are due by December 1 st), each district or county shall submit a monthly financial report to the department on DACS Form 13663, entitled "Mosquito Control Monthly Report" for Local Funds and DACS Form 13650 entitled "Mosquito Control Monthly Report" for State Funds, hereby incorporated by reference. A district or county shall submit two(2) copies of its September financial report to the department not later than sixty (60) days after close of each fiscal year. Copies of reports shall be signed by program director or person responsible for administration of the program and funds. Anycounty, or district withdrawinafrom participation in state matching funds underChapter 388, F.S., shall continue to submit financial reports as required in 5E-13.029(3) until funds received under this program are exhausted. A district or county shall submit monthly chemical reports of accomplishments and an inventory of chemicals, on prescribed forms DACS Form 13664 entitled "Mosquito Control Chemical Inventory Report" and DACS Form 13652 entitled "Mosquito Control Monthly Activity Report" for pesticide activity, hereby incorporated by reference, to the department not later than thirty (30) days after the end of each month (i.e. October reports are due by December 1st). If there is no activity in any given month, the county shall continue to submit monthly reports of accomplishments and an inventory of chemicals, on prescribed forms to the department not laterthan thirty (30) days afterthe end of each month (i.e. October reports are due by December 1st) stating "NO ACTIVITY". State funds received shall be deposited in a separate depository account from local funds received. Disbursements shall be made on pre -numbered checks or warrants drawn on the separate depository account from the local funds. Local and state funds shall be deposited in banks designated as depositories of public funds in accordance with provisions of Section 659.24 F.S. All purchases of supplies, materials and equipment by counties or districts shall be made in accordance with the laws governing purchases by boards of county commissioners, except that districts with special laws relative to competitive bidding shall make purchases in accordance therewith. All funds, supplies, and services released to counties and districts here under shall be used in accordance with the detailed work plan and certified budget approved by both the department and the county or district The plan and budget may be amended at any time upon prior approval of the department. All funds, supplies, and services released on the dollar -for -dollar matching basis shall be used exclusively for an integrated program that provides a combination of mosquito control, source reduction measures, public education, personnel training and certification, mosquito population surveillance, larvicides, adulticides, equipment, and alerts as approved by the department State funds shall be payable quarterly, in accordance with the rules of the department, upon requisition by the department to the Comptroller. The department is authorized to fumish insecticides, chemicals, materials, equipment, vehicles, and personnel in lieu of state funds where mass purchasing may save funds for the state, or where it would be more practical and economical to use equipment, supplies, and services between two or more counties or districts. State and local funds budgeted for the control of mosquitoes shall be carved over at the end of the county or district's fiscal year, and re -budgeted for such control measures the following fiscal year. No State funds can be placed in a reserve account. All equipment purchased under this chapter with state funds made available directly to the county or district shall become the property of the county or district unless otherwise provided, and may be traded in on other equipment, or sold, when no longer needed by the county or district. A record and inventory of certain property owned by the district shall be maintained in accordance with s. 274.02 on the operational work plan on DACS form 13666 entitled 'Operational Work Plan Narrative". Surplus property shall be disposed of according to the provisions set forth in s. 274.05 with the following exceptions: Serviceable equipment no longer needed by a county or district shall first be offered to any or all other counties or districts engaged in mosquito control at a price established by the board of commissioners owning the equipment If no acceptable offer is received within two weeks, the equipment shall be offered to such other governmental units or private nonprofit agencies as provided in s. 274.05. The alternative procedure for disposal of surplus property, as prescribed in s. 274.06, shall be followed if it has been determined no other county, district, governmental unit, or private nonprofit agency has need for the equipment. All proceeds from the sale of any real or tangible personal property owned by the county or district shall be deposited in the countes or district's mosquito control state fund account unless otherwise specifically designated by the department. All counties and districts carrying out programs for the control of mosquitoes involving the expenditure of state funds shall set up and maintain books and records under a method approved by the Auditor General and be subject to audit by same. Each county and district participating under the provisions of this chapter shall within 30 days after the end of each month submit to the department a monthly report for the preceding month of expenditures from all funds for mosquito control, and such reports of activities and accomplishments as may be required by the department. DACS-01085 Rev. 01106 Page 2 of 11 State funds, supplies, and services shall be made available to such county or district by and through the department immediately upon release of funds by the Executive Office of the Governor. Following the determination of funds available, if necessary, the department shall make an, adjustment in amounts of money payable to the district or counties in the last three(3) quarters of the current fiscal year. Districts or counties shall be notified of the amount of payable to them and if necessary shall amend amounts of state funds budgeted. The department, upon notifying a county or district and obtaining its approval, is authorized to transfer equipment, materials, and personnel from one district to another in the event of an emergency brought about by an arthropod-bome epidemic or other disaster requiring emergency control. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and (2) conducted by independent auditors in accordance with auditing standards as stated in rules of the Auditor General. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Comptroller, or the Auditor General. Two(2) notarized(certifledl copies of the Notification of Section 215.97, F.S. Memo shall be returned to the Department not later than July 15th. This contract agreement for current fiscal year shall be returned to the Department not later than October 1 st. Failure to comply with chapter 388, F.S., Administrative Code 5E-13 and this contract agreement could result in loss or termination of funds and/or state approval certification. In the event that two or more documents combine to form this agreement between the parties, including future amendments and of document(s) t(and in s) prepared by the Departme event that there are ent Agricuor conflicting ureland Consumer Services clauses or iments in these Contrac shall be controlling. �e provisions All contracts entered into by the DepartrmentofAgriculture and Consumer Services orany Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts withFlorida's governmental agencies, the offending clause. or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. The six digit Department of Management Services' class/ 916-330 group code commodity catalog control number is: The Department of Agriculture and Consumer Services will pay the Contractor in arrears as follows: Bills for any authorized travel expenses shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes, governing payments by the State for travel expenses. Authorization for travel expenses must be specified in the paragraph for payments directly above. Bills for services shall be submitted in triplicate to Department of Agriculture and Consumer Services, in detail sufficient fora proper pre -audit and post -audit thereof. Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the Invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850) 488-2020 or Purchasing Office at (850) 488-7552. DACS-01085 Rev. 01/06 Page 3 of 11 Payments to health care providers for hospitals, medical or other health care services, shall be made not more than 35 days from the date eligibility for payment is determined, and the daily interest rate is .03333 percent. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s)from a State agency. The Vendor Ombudsman may be contacted at (850) 413-7269 or by calling the Department of Financial Services' Hotline, 1-850-410-9724. The Department may make partial payments to the Contractor upon partial delivery of services when a request for such partial payment is made by the Contractor and approved by the Department. This contract may be cancelled by either party giving written notice prior to the cancellation. The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes. Extension of a contract for contractual services shall be in writing for a single period only not to exceed sic (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the term of the original contract, whichever period is longer. Renewal of a contract. for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Agency. Renewal costs may not be charged by the Contractor. It is mutually understood and agreed that this contract is: A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as provided in Section 287.0582, Florida Statutes. B. Subject to the approval of the State Chief Financial Officer (Department of Financial Services). It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is; Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, orthejudicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through H are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97, Florida Statutes (F.S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, or for -profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. DACS-01085 Rev. 01/06 Page 4 of 11 B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in anyfiscal yearof such Recipient, the Recipient must have a state single orproject-specific audit forsuch fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit 1 to this agreement indicates state financial assistance awarded through this Department resource by this agreement In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from this Department resource, other state agencies, and other Nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a Nonstate entity for Federal program matching requirements. C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and conducted by independent auditors in accordance with auditing standards as stated in Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. In the event that the Recipient expends less than $500,000 in state financial assistance in Its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, F.S., the cost of the audit must be paid from the Nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than state entities). Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditors working papers as necessary for complying with the requirements of Section 215.97, F.S. The Recipient is required to retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services or its designee, access to such records upon request (3) Notify the Recipient that Section 215,97, F.S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F.S. The financial reporting package means the nonstate entities' financial statements, Schedule of State Financial Assistance, auditor's reports, management letter, auditee's written responses or corrective action plan, correspondence on follow-up of prior years' corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F.S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: DACU1085 Rev. 01106 Page 5 of 11 (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 (b) The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 (c) The Department of Agriculture and Consumer Services Bureau of Entomology and Pest Control, Mosquito Control Program 1203 Governors Square Blvd, Suite 300 Magnolia Center Tallahassee, Florida 32301 G. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor. General access to such records upon request The Recipient shall ensure that audit working papers are made available to the Department, orits designee, Chief Financial Officer, orAuditorGeneral upon requestfora period of five (5) years from the date the audit report Is issued, unless extended In writing by the Department. The following provisions of A through H are applicable regarding the administration of resources provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the Recipient is a state or local government or a nonprofit organization as defined in OMB Circular A-1 33, as revised. A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised: Exhibit 1 to this agreement indicates Federal resources awarded -through this Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from this Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions of OMB Circular A-133, as revised, will meet these requirements. B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to audifee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. C. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-1 33, as revised, is not required. In the event that the Recipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Recipient resources obtained from other than Federal entities). D. Copies of reporting packages for audits conducted in accordance with OMB 'CircularA-133, as revised, and required by DACS-01085 Rev. 01/06 Page 6 of 11 this agreement shall be submitted when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 (b) The Federal Audit Clearinghouse designated in OMB CircularA-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB CircularA-133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 (c) Other federal agencies and pass -through entities in accordance with Sections .320(c) and (0, OMB Circular A-133, as revised. E. . Pursuant to Section .320(f), OMB CircularA-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB CircularA-133, as revised, and any management letter issued by the Auditor, to the Department of Agriculture and Consumer Services at the following address: The Department of Agriculture and Consumer Services 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 F. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised. G. Recipients, when submitting financial reporting packages to the Department of Agriculture and Consumer Services for audits done in accordance with OMB Circular A-133, as revised, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, orAuditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, orAuditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified. nonprofit agency are concerned. Available products, pricing and delivery Information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway, Suite 205, Tallahassee, Florida 323014946, telephone number (850) 487-1471 and fax number (850) 942-7832. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified underChapter 946, Florida Statutes, in the same mannerand underthesame procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for the purposes of this contract the person, firm, or other business DACS-01085 Rev. 01106 Page 7 or 11 entity carrying out the provisions of this contract shall be deemed to be substituted for this Agency insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Incorporated. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida,12425 28th Street, North, St. Petersburg, Florida 33727, telephone number (813) 572-1987. The CONTRACTOR is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real propertyto a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list The CONTRACTOR is informed that the Department shall consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act Such violation shall be cause for unilateral cancellation of this contract. The CONTRACTOR is informed that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. In the event that two or more documents combine to form this agreement between the panties, including future amendments and addenda, and, in the event that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s) prepared by the Department of Agriculture and Consumer Services Contract shall be controlling. All contracts entered into by the Department of Agriculture and Consumer Services or any Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or. requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. DACS-01085 Rev. 01106 Page 8 of 11 The Contract Managerfor the Department is is located at The Contract Manager for the Contractor is St Lucie County Mosquito Control District for St. Lucie County Mosquito Control District and is located at 3150 Will Fee Road Fort Pierce, Florida 34982. Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CONTRACTOR: St. Lucie County Mosquito Control District l LOJ.Q Tide Date F59-6000-835-020 Contractors Social Security or FEID Number County of Si C- f �rrrrt♦ 46' , a Notary Public, certify the signature of the contrta r fake in9 and the document is a true, correct, complete and unaltered copy of The Contract Agreement. Z�Q oM�ss�oN-*AG,p� • �C. 'fembBm ar m • � � w 24, 20pg . n. Notary Public d 1, m, a`D�73106 ate°'.''? `.���dnv�a�,�-OP • .tea eoo . O • My Commission Expires: •rrrrr• Aay TO UM A i DACS-01085 Rev. 01/06 Page 9 of 11 EXHIBIT • 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE, if the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $ (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: ff the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: First applicable compliance requirement (e.g., what services/purposes resources must be used for). Second applicable compliance requirement (e.g., eligibil ly requirements for recipients of the resources). 3. Etc. NOTE: Instead oflisting the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to compty with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must compty with a specific law(s), ful4s), or regulation(s) that pertains to how the awarded resources must be used or how eligibildy determinations are to be made. The State awarding agency, if practical, may want to attach a COPY of the spedfic law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program (list Federal agency, Catalog of Federal Domestic Assistance tide and number) - $ (amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE If the resources awarded to the recipient represent more than one State miect, provide the same information shown below for each State protect and show total state financial assistance awarded that is subiect to Section 215.97, Florida Statutes. Awarding Agency: FL Department of Agriculture and Consumer Services Title: State Aid for Mosquito Control/Arthropod Control Project Amount: Not to exceed $35,000 CSFA#: 42003 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the DACS-01085 Rev. 01/06 Page 10ot 11 Department of "ABC for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non -Federal resources, there maybe more than one grouping (i.e.,1, 2, 3, etc.) listed underthis category. NOTE. Section .400(d) of OMB CircularA-133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. DACS-01085 Rev. 01106 Page 11 of 11 ST LUCIE COUNTY EROSION DISTRICT ST. LUCiF, COUNTY, FLORIDA REGULAR MEETING r)aie: tiugust zs, zuu i Convened: 9:55 a.m. Tape: 1 Adjourned: 10:00 a m Commissioners Present: Charles Grande, Chairman; Doug Coward, Joe Smith, Paula Lewis, Chris Craft Others Present: Faye Outlaw, Assistant County Administrator; Dan McIntyre, County Attorney; Beth Ryder, Community Services Director; Jack Southard, Public Safety Director; Marie Gouin, Management & Budget Director; Neil Appel, Purchasing Director; Dennis Wetzel, Information Technologies Director; Robert Nix, Growth Management Director; Vanessa Bessy, Environmental Lands; Mike Pawley, County Engineer; Mark Godwin, Criminal Justice Coordinator; Lauri Heistermann Deputy Clerk 1. MINUTES Approve the minutes from the meeting held on August 14, 2007. It was moved by Commissioner Craft and Commissioner Coward to approve the minutes from the meeting held August 14, 2007; and upon roll call motion carried unanimously. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA It was moved by Commissioner Craft and seconded by Commissioner Coward to approve the consent agenda; and upon roll call motion carried tmanimously. 1. WARRANTS LIST Approve Warrants List No. 46 and 47. 2. PUBLIC WORKS Artificial Reef Grant Program: Acceptance of a $54,000 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef construction along with the approval of contracts with McCulley Marine Services, Inc. and Lee Harris, P.E., PhD. — Consider staff recommendation to accept a $54,000 grant award from the Florida Fish and Wildlife Conservation Commission (FWC) for artificial reef construction and approval of 1) the attached grant agreement with FWC along with Budget Resolution No. 07-011, 2) Work Authorization No. 05 (C05-06-330) with McCulley Marine Services in the amount of $74,500, 3) approval of Work Authorization No. 11 (C05-11-619) with Lee Harris, P.E., PhD in the amount of $17,050, and execution of said documents by the Chairperson. There being no further business to be brought before the Board, the meeting was adjourned at 10:00 a.m. Chairman Clerk of Circuit Court 08/17/07 ST. LUCIE COUNTY - BOARD PAGE 1 F7,ABWARR WARRANT LIST #46- 11-AUG-2007 TO 17-AUG-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 6,804.94 0.00 GRAND TOTAL: 6,804.94 0.00 08/24/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #47- 18-AUG-2007 TO 24-AUG-2007 FUND SUHMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 3,552.13 4,713.60 GRAND TOTAL: 3,562.13 4,713.60 1 AGENDA REQUEST TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION ITEM NO. C-2 DATE: September 11, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Approval to submit an application request and supporting Resolution No. 07-012 to the Florida Department of Environmental Protection (FDEP) for funding under the Florida Beach Erosion Control Program (FBECP). BACKGROUND: The FBECP is a Long -Range Budget Plan administered through FDEP. This program presently provides approximately $30 million annually to assist eligible local governments with their beach erosion control projects. Each application request must include a detailed project description, cost estimate, and supporting resolution from the governing body. Individual projects are then put through a priority ranking process based upon several criteria. In order to have an opportunity to receive funding for FY-2008/09 our request must be submitted to the State (FDEP) by September 17, 2007. This funding request is in anticipation of the following beach erosion related projects; 1) Ft. Pierce Beach: beach & inlet monitoring, 2009 beach renourishment and long term shoreline management strategies - design & permitting of structures ($1,025,000), 2) Inlet Sand bypassing: permitting & design ($150,000), and 3) Southern St. Lucie County Beach Restoration: pre -construction activities ($300,000) and 4) Southern St. Lucie County Dune Maintenance: maintenance and monitoring activities ($2,550,000). The attached worksheets explain each project in greater detail and include cost estimates for each participating agency (i.e. FDEP, USACE, and the Erosion District). FUNDS: FBECP funds for FY-2008/09 should be available in July 2008 and typically require a 50% match from the local sponsor. Funding amounts may be refined during FDEP review process. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Erosion District Board approve the Florida Beach Erosion Control Program funding application request to FDEP and authorize the Chair to sign Resolution No. 07- 012. COMMISSION ACTION: [>I APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x]County Attorney [x]Originating Dept. Public Works CONCURRENCE: Douglas Anderson County Administrator Coordination/Si n tur m�A [x]Mgt. & Budget 1 ►G [x]Executive Assistant tRH [x]Erosion District Mgr `Ir NFinance Dept. � 4 t RESOLUTION NO. 07-012 A RESOLUTION OF THE ST. LUCIE COUNTY EROSION DISTRICT AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FISCAL YEAR 2008109 FUNDS UNDER THE FLORIDA BEACH EROSION CONTROL PROGRAM; SETTING FORTH FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Erosion District Board of St. Lucie County, Florida ("District") and the Florida Department of Environmental Protection ("DEP") have adopted the Fort Pierce Inlet Management Plan and desires to implement the recommendations contained therein; and, WHEREAS, the District has established a Long -Range Budget Plan for the Florida Beach Erosion Control Program and desires to implement specific projects contained therein; and, WHEREAS, under the provisions of Section 161.101, Florida Statutes, DEP accepts and processes applications for the Florida Beach Erosion Control Program; and, WHEREAS, under the Program guidelines of the Florida Beach Erosion Control Program, the District is required to submit a supporting resolution with their application request. NOW, THEREFORE, BE IT RESOLVED by the Erosion District Board of St. Lucie County, Florida, as follows: 1. DEP is requested to approve and support the maximum State funding allowed forthis application request for Fiscal Year 2008109 and the District will provide the local share in accordance with the State Legislature's appropriation. 2. This Resolution shall take effect immediately upon its adoption. AFTER MOTION AND SECONDED, the vote on this Resolution was as follows: Chair Charles Grande Vice -Chair Chris Craft Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Joseph Smith PASSED AND DULY ADOPTED this 11th day of September , 2007. ATTEST: DEPUTY CLERK EROSION DISTRICT BOARD ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY h:lwplmemoslagend334.dep.fund.doc I Fort Pierce Beach Restoration Project Project Description: The project is an extension of a federally authorized project and consists of the restoration and maintenance of 2.3 miles of Atlantic shoreline in (Fort Pierce) St. Lucie County. Initial restoration of the project area was begun in 1971 with the construction (718,000 cy) of a 1.3-mile segment immediately south of the Fort Pierce Inlet. Prior to the expiration of the federal project life (1985), a second restoration (346,000 cy) was completed in 1981. Soon after Congress reauthorized (WRDA, 1996) the project life to the year 2020, the third (830,000 cy), fourth (300,000 cy), fifth (400,000 cy), sixth (616,000 cy) and seventh (460,000 cy) shoreline restorations were completed in May 1999, May 2003, May 2004, June 2005 and June 2007 respectively. Congress finally authorized (WRDA, 1996 and 1999) the extension of the federal project one (1) additional mile, for a total project length of 2.3 miles. The present long-term management plan for restoration of the 2.3-mile shoreline consists of sand placement in the original 1.3-mile segment, creating a natural feeder beach for the southerly one -mile extension. This funding request is for continued beach & inlet monitoring activities, beach re -nourishment and long-term shoreline management strategies (structures). Location: St. Lucie County (Fort Pierce), R34 - R46 Project Evaluation: Severity of Erosion: The State of Florida's comprehensive long-term management plan, for restoration of the State's critically eroding beaches, has identified this 2.3-mile segment of shoreline as critically eroding. Restoration of this segment of shoreline is recommended within the implementation phase of the adopted Fort Pierce Inlet Management Plan. Benefits: This project provides several benefits including recreation, storm damage protection, economic (tourist) and environmental. Public access consists of four primary parks (paved parking & bathroom facilities), five secondary parks (paved parking), and several street ends. The remaining beachfront is a mixture of residential (single-family, condominiums), commercial (hotels and restaurants) and undeveloped (public and private) property. Threatened and endangered marine turtles utilize the area for nesting purposes. Project Performance: Within eighteen months after the 1999 renourishment, all of the advanced beach -fill and most of the beach berm width eroded out of the first 2,200 LF of shoreline south of the inlet. Short-term emergency measures were implemented to assist in stabilizing a portion of this shoreline with subsequent renourishments. The USACE revisited their original design and evaluated potential alternatives. The revised short-term shoreline management plan included within the Limited Re-evaluation Report (LRR) recommends a 2-year beach nourishment cycle. The revised long-term plan included within the draft General Re -Evaluation Report (GRR) recommends installation of seven structures (six t-head groins and one nearshore breakwater) along the northern most shoreline with the placement of additional advanced fill material and a 4-year beach nourishment cycle. This project is immediately downdrift of the Fort Pierce Inlet and is a recommended element of the adopted inlet management plan. Placement of beach quality material along this shoreline will provide for mitigation of the adverse impacts due to the inlet and serve as a feeder beach to the downdrift beaches. N Fort Pierce Beach Restoration Project (Continued) Federal Funding: The project is federally authorized to the year 2020, with a federal cost share of 46.7%. Both the draft of the LRR and the GRR identifies an increase in federal cost share to 80% by including Section 111 impacts of the inlet. The Environmental section (EIS) of the GRR was approved (February, 2003) and included substantial coordination of the offshore borrow area (Capron Shoal) and bryozoan study. An environmental coordination of the proposed structures is in progress and will be included within the GRR. There are sufficient federal carry-over funds for the USACE to work on the LRR, the GRR and plans and specs preparation in FY-2007/08 for the next anticipated nourishment during the spring of 2009. A request will be submitted to Congress in FY- 2008/09 for construction funds. Use of Innovative Technology: The initial project (1.3-mile) was recently renourished using conventional beach fill activities. The results of beach & inlet monitoring along with shoreline and inlet modeling, intended to enhance project performance, have yielded potential innovative applications of conventional technologies. The revised long-term management plan for restoration of the 2.3-mile shoreline consists of sand placement in the original 1.3-mile segment, creating a natural feeder beach for the southerly one -mile extension. Installation of structures and the placement of additional advanced beach fill are also proposed to combat the erosional "hot spot" segment. Local Commitment: St. Lucie County Erosion District has a dedicated person that will serve as project manager. The Erosion District has also retained the services of a professional coastal engineering firm to assist in the design, permitting, and other project related activities. Local funding for the project will most likely be obtained from ad valorem taxes. State Commitment: FDEP previously funded the initial and subsequent restoration efforts of the 1.3-mile segment in 1971, 1981, 1999, 2003, 2004, 2005 and 2007. The extended project (2.3-miles) is recommended in the adopted inlet management plan for Fort Pierce Inlet and the Strategic Beach Management Plan, and is located in an area of critical erosion designation. Use of Program Funds: Funds requested for FY-2008/09 will be used to support long- term shoreline management strategies (nourishment and structures) and monitoring (physical & biological) activities. The Erosion District is responsible for all permitting activities. The USACE will typically conduct project team meetings and coordinate the design elements including the preparation of plans and specifications. St. Lucie County Erosion District will seek credit towards the non-federal costs of this project for expenditures associated with permitting and other related activities. FY-2008/09 Estimated Project Costs ($1,000's) Project Task Total Federal State Local Studies (GRR) 100 0 50 50 Design & Permitting 300 0 150 150 Monitoring 350 0 175 175 Construction 5,000 4,000 500 500 Plans & Specs 300 0 150 150 Total $ 6,050 $ 4,000 $ 1,025 $ 1,025 Sand Bypassing at Ft. Pierce Inlet Project Description: The adopted management plan for Fort Pierce Inlet indicates it is cost effective to utilize off -shore sand sources to mitigate the erosive impacts due to the inlet on the down drift shoreline --but to consider sand bypassing alternatives (transfer of beach sand from the north side of the inlet to the south side) in the future. A draft feasibility study to evaluate sand bypassing alternatives at the Fort Pierce Inlet was completed in June 2003. The scope of work for the draft study is presently being redefined with FDEP in order to evaluate other possibilities such as a sand trap. One preliminary alternative does evaluate sand tightening the north jetty and monitor the development of the updrift fillet and then if effective, install a mobile jet pump bypassing plant. This funding request is to move forward with the design and permitting phase for sand bypassing. Location: St. Lucie County (Fort Pierce), R28 - R47 Project Evaluation: Severity of Erosion: The State of Florida's comprehensive long-term management plan, for restoration of the State's critically eroding beaches, has identified the 2.3-mile segment of shoreline immediately south of the Fort Pierce Inlet as critically eroding. Restoration of this segment of shoreline and future consideration of sand bypassing is a recommendation within the implementation phase of the approved and adopted Fort Pierce Inlet Management Plan. Benefits: Sand bypassing would most likely provide supplemental support to the shore protection program. Several shore protection benefits related to recreation, storm damage protection, economic (tourist) and environmental would be greatly enhanced. Within the limits of the project area --public access consists of four primary parks (paved parking & bathroom facilities), four secondary parks (paved parking), and several street ends. The remaining beachfront is a mixture of residential (single-family, condominiums), commercial (hotels and restaurants) and undeveloped (public and private) property. Threatened and endangered marine turtles utilize the entire area for nesting purposes. Project Performance: The Fort Pierce Inlet Management Plan was approved and formally adopted by FDEP on May 30, 1997. Several elements of the plan have been implemented, including beach restoration, construction of the spur jetty, and beach & inlet monitoring. Bypassing of sand from the shoreline north of the inlet to the downdrift beaches could provide supplemental beach fill to the larger -scale beach nourishment project and help mitigate the adverse impacts of the inlet to down -drift beaches. Federal Funding: The shore protection portion of this project is federally authorized to the year 2020, with a present federal cost share at 46.6%. The drafts of both the Limited Re- evaluation Report (LRR) and the General Re -Evaluation Report (GRR) identify a revised federal cost share at 80%. The USACE indicated federal shore protection funding would almost be impossible to obtain for sand bypassing and that funding from navigation would also be difficult to secure. Use of Innovative Technology: The results of beach & inlet monitoring along with shoreline and inlet modeling and the sand bypassing feasibility study, intended to enhance project performance, may yield potential innovative applications of conventional technologies. Sand Bypassing at Fort Pierce Inlet (Continued) Local Commitment: St. Lucie County Erosion District has a dedicated person that will serve as project manager. The Erosion District has also retained the services of a professional coastal engineering firm to assist in the design, permitting, and other project related activities. Local funding for the project will most likely be obtained from ad valorem taxes. State Commitment: FDEP, in partnership with St. Lucie County, approved and adopted the inlet management plan for Fort Pierce Inlet. FDEP has funded various elements of the implementation phase including beach restoration efforts of the 1.3-mile segment, construction of the spur jetty, beach & inlet monitoring, and the sand bypassing feasibility study. Use of Program Funds: Funds requested for FY-2008/09 will be used to support design and permitting of the preferred alternative identified within the feasibility study. Future elements of this project include construction, monitoring and long-term operation & maintenance. FY-2008/09 Estimated Project Costs ($1,000's) Project Task Total Federal State Local Design/Permit 300 0 150 150 Plans & Specs 0 0 0 0 Construction 0 0 0 0 Monitoring 0 0 0 0 Total $ 300 $ 0 $ 150 $ 150 Southern St. Lucie County Beach Restoration Project Description: Protection of the upland development along the southern shoreline of St. Lucie County is becoming critical due to the continuing erosion. Beach erosion along the Atlantic coastline has been exasperated by the high frequency of storms and hurricane activity. The erosional impacts due to the inlet may also have some far reaching effects in this area. In November 2002, the U.S. Army Corps of Engineers (USACE) completed a "Section 905(b) analysis for a "St. Lucie County, Florida — Hurricane and Storm Damage Reduction Study" including the Study Area. This Report recommends that the "study proceed into the feasibility phase" for a Study area from just south of Blind Creek (R-77) to the Martin County Line (R-115). In 2004, the U.S. Army Corps of Engineers (USACE) initiated a Federal Feasibility Study of the Study Area but, due to limited funding, it has only partially advanced and remains less than 25% complete. The USACE intends to conduct a historic and cultural resources survey of potential borrow areas for the Project and has developed (a) an inventory of existing buildings and structures fronting the shoreline in the Project Area, and (b) an historical trend analysis based upon available historical profile data. Because a Federal project is not likely to be undertaken prior to 2012, St. Lucie County is initiating a non-federal restoration project to address the deteriorated shoreline and emergency conditions as soon as possible with parallel development of a federal Shore Protection Project to provide for future re -nourishment of the beaches. To implement a beach restoration program, it is necessary to work cooperatively with the USACE and FDEP to advance the project studies underway by the USACE, evaluate project alternatives, develop the project design, complete the necessary environmental investigations and associated Environmental Impact Statement (EIS), and obtain the necessary FDEP and USACE permits. This funding request includes tasks necessary to advance and complete pre -construction monitoring activities. Location: St. Lucie County, R47 - R115 (USACE's Study Area) R77 - R115 (County's Study Area) Project Evaluation: Severity of Erosion: In April 2007 a Conditions Assessment was completed as a tool to evaluate the southern shoreline of St. Lucie County. The State of Florida's comprehensive long-term management plan, for restoration of the State's critically eroding beaches, has identified the southerly most segment of shoreline (R80 - R90.3 and R98 - R115) as critically eroding. A request has been made to the State to reclassify this entire segment of shoreline (R77 to R115) as critically eroded based on historical shoreline trends identified with the April 2007 Conditions Assessment. A 3.7-mile emergency dune restoration project was completed on April 30, 2005 as a result of the severe erosion and damages caused by Hurricanes Frances and Jeanne in 2004. Benefits: This project has the potential to provide several benefits including recreation, storm damage protection, economic (tourist) and environmental. Public access consists of primary parks (paved parking & bathroom facilities), secondary parks (parking), and miscellaneous access points. The remaining beachfront is a mixture of residential (single- family, condominiums), commercial (hotels and restaurants) and undeveloped property. Threatened and endangered marine turtles utilize the entire area for nesting purposes. Southern St. Lucie County Beach Restoration (Continued) Protect Performance: The Conditions Assessment of this area was completed in 2007 and included an analysis of the historical shoreline trends. The feasibility phase will further refine short and long term shoreline management strategies and estimate project performance. Federal Funding: The first phase in determining whether Federal interest is warranted in a shore protection project is a reconnaissance Study. Congress appropriated funding ($100,000) in FY-2001/02 allowing the Corps to complete a reconnaissance level study in late 2002. Upon completion of the favorable Reconnaissance Study, the next phase of a federal shore protection project is the feasibility study. The goal of the study is evaluate project benefits and costs and prepare a detailed construction (nourishment) plan. Additional funds have been requested in the FY-2007/08 budget and future funds will be requested in the FY-2008/09 budget. Use of Innovative Technology: Although this project is in the early stages, both conventional and innovative technology will be considered during future phases. Emergency projects such as localized beach scraping and sand truck hauling have provided some critical relief especially to areas where dunes are the only level of storm damage protection remaining. Local Commitment: St. Lucie County Erosion District has a dedicated person on staff that will serve as project manager. The Erosion District has also retained the services of a professional coastal engineering firm to assist in the design, permitting, and other project related activities. Local funding for the project will most likely be obtained from a combination of special property assessments and ad valorem taxes. State Commitment: FDEP assisted with the funding of a Post Storm Beach & Erosion study in 2002 and a Conditions Assessment study in 2007. These studies will be used as tools to help evaluate the southern shoreline of St. Lucie County. It was determined that the southern segment of shoreline in St. Lucie County qualified as critically eroding under the State of Florida's comprehensive long-term management plan. The State also provided funding for an emergency dune restoration project due to Hurricanes Frances and Jeanne in 2004. A funding commitment of $3 million from the State has been used to help expedite the completion of additional feasibility elements and the pursuit of an interim local - state beach fill project. Use of Program Funds: Funds requested for FY-2008/09 will be used to support the pre - construction activities of an interim local -state beach fill project. We will also continue to participate in the federal shore protection process. FY-2008/09 Estimated Project Costs ($1,000's) Project Task Total Federal State Local Design/Permit 0 0 0 0 Construction 0 0 0 0 Mitigation 0 0 0 0 Monitoring 600 0 300 300 Total $ 600 $ 0 $ 300 $ 300 Southern St. Lucie County Dune Maintenance Project Description: Protection of the upland development along the southern shoreline of St. Lucie County is becoming critical due to the continuing erosion. Beach erosion along the Atlantic coastline has been exasperated by the high frequency of storms and hurricane activity. The erosional impacts due to the inlet may also have some far reaching effects in this area. The continued maintenance of the dune along the southern shoreline of St. Lucie County is imperative to the protection of recreational resources and upland development. By Resolution May 23, 2007, the President's Council of South Hutchinson Island: o conveyed its support for continuing restoration and maintenance of dunes and beaches in south St. Lucie County o requested that St. Lucie County initiate a program to provide planning and financing for annual assessment and maintenance of dunes — as needed to maintain the dunes restored in 2006. o resolved to provide for equitable financial contributions for annual dune maintenance. This funding request is to support the annual assessment and maintenance of the dune. Location: St. Lucie County, R80 — R90.3 and R98 — R115 Project Evaluation: Severity of Erosion: In April 2007 a Conditions Assessment was completed for this area. The Conditions Assessment was used as a tool to evaluate the southern shoreline of St. Lucie County. The State of Florida's comprehensive long-term management plan, for restoration of the State's critically eroding beaches, has identified the southerly most segment of shoreline (R80 — R90.3 and R98 — R115) as critically eroding. A request has been made to the State to reclassify this entire segment of shoreline (R77 to R115) as critically eroded based on historical shoreline trends identified with the April 2007 Conditions Assessment. A 3.7-mile emergency dune restoration project was completed on April 30, 2005 as a result of the severe erosion and damages caused by Hurricanes Frances and Jeanne in 2004. Benefits: This project has the potential to provide several benefits including recreation, storm damage protection, economic (tourist) and environmental. Public access consists of primary parks (paved parking & bathroom facilities), secondary parks (parking), and miscellaneous access points. The remaining beachfront is a mixture of residential (single- family, condominiums), commercial (hotels and restaurants) and undeveloped property. Threatened and endangered marine turtles utilize the entire area for nesting purposes. Project Performance: The Conditions Assessment of this area was completed in 2007 and included an analysis of the historical shoreline trends. Southern St. Lucie County Dune Maintenance (Continued) Federal Funding: The first phase in determining whether Federal interest is warranted in a shore protection project is a reconnaissance Study. Congress appropriated funding ($100,000) in FY-2001/02 allowing the Corps to complete a reconnaissance level study in late 2002. Upon completion of the favorable Reconnaissance Study, the next phase of a federal shore protection project is the feasibility study. The goal of the study is evaluate project benefits and costs and prepare a detailed construction (nourishment) plan. In the interim, maintaining the integrity of the dune system is critical. Use of Innovative Technology: Although this project is in the early stages, both conventional and innovative technology will be considered during future phases. Emergency projects such as localized beach scraping and sand truck hauling have provided some critical relief especially to areas where dunes are the only level of storm damage protection remaining. Local Commitment: St. Lucie County Erosion District has a dedicated person on staff that will serve as project manager. The Erosion District has also retained the services of a professional coastal engineering firm to assist in the design, permitting, and. other project related activities. Local funding for the project will most likely be obtained from a combination of special property assessments and ad valorem taxes. State Commitment: FDEP assisted with the funding of a Post Storm Beach & Erosion study in 2002 and a Conditions Assessment study in 2007. These studies will be used as tools to help evaluate the southern shoreline of St. Lucie County. It was determined that the southern segment of shoreline in St. Lucie County qualified as critically eroding under the State of Florida's comprehensive long-term management plan. The State also provided funding for an emergency dune restoration project due to Hurricanes Frances and Jeanne in 2004. A funding commitment of $3 million from the State has been used to help expedite the completion of additional feasibility elements and the pursuit of an interim local - state beach fill project. Use of Program Funds: Funds requested for FY-2008/09 will be used to support activities such as monitoring and maintenance of the dune restoration project. FY-2008/09 Estimated Project Costs ($1,000's) Project Task Total Federal State Local Maintenance 5,000 0 2,500 2,500 Monitoring 100 0 50 50 Total $ 5,100 $ 0 $ 2,550 $ 2,550