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HomeMy WebLinkAboutAgenda Packet 10-09-07October 9, 2007 9100 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting an 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 COMMISSIONERS www.ceat-iucie.fl.us Chris Craft, Chairman District No. S Joseph E. Smith, Vice Chairman District No. t Doug Coward District Me. 2 Paula A. Lewis District No. 3 Charles Grande District No. 4 October Y, 2007 9soo A.M. Invocation Pledge of Allegiance t. MINUTES Approve the minutes from the October 2, 2007 meeting. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 07-282 — Proclaiming October 10, 2007, as the Seventh Annual "PUT THE BRAKES ON j}PP04 FATAILITIES DAY" in St. Lucie County — Consider staff recommendation to adopt Resolution No. 07- 282 as drafted. Mono6c,, her, +o atct ( `• Q� B. Resolution No. 07-297 - Proclaiming October 18, 2007, as "INTERNATIONAL CREDIT UNION DAY" in A0 0 St. Lucie County, Florida — Consider staff recommendation adopt the attached Resolution No. 07-297 T as drafted. C. County Adm`i�nistratorr will announce ythe `Employee of the Quarter for July, August and September 2007. ! IfY16jy VllC�}r1U(1 - OenTru1 YJ iLeS S. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA dD Pu PUBLIC HEARINGS Qie,-)Pp l 5A. I PUBLIC WORKS Building & Zoning Division - Request the Board of County Commissioners give permission to demolition fire V damaged structure at 7909 Paso Robles Blvd., Fort Pierce, Florida and has been found by the Building Official to be more than fifty percent (50%) damaged and is unsafe and constitutes a nuisance — Staff recommends the approval by the Board if the structure is not taken down and property cleaned by October 22, 2007, the Board give the Code Enforcement Department permission to proceed to contract 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. END OF PUBLIC HEARINGS Regular Agenda October 9, 2007 Page Two 6. Petition of Pressure Pro Inc. for a Major Adjustment to a Major Site Plan approval for the project known as Pressure Pro, for an addition of 14,730 square foot of space to an existing 21,815 square foot facility for a total of 36,545 square foot of space on 2.81 acres of property, located in the IL (Industrial, Light) Zoning District for a property located at 7300 Commercial Circle in the Kings Highway Industrial Park, St. Lucie County, Florida — Draft Resolution No. 07-140 — Consider staff recommendation to adopt the Resolution granting approval of the request as contained in Draft Resolution No. 07-140 with 4 limiting conditions. CONSENT AGENDA t. WARRANTS Approve warrant list No. 53 and 1 2. COUNTY ATTORNEY A. Second Amendment to Interlocal Agreement — Security Rates — Consider staff recommendation to approve the Second Amendment to the Interlocal Agreement, raising the hourly rates of deputies and supervisors effective October 1, 2007. B. Fifth Amendment to Interlocal Agreement — Weekend Works Program — Consider staff recommendation to approve the Fifth Amendment to the Interlocal Agreement, raising the hourly rates of deputies and supervisors effective October 1, 2007. C. Agri -Science Education Center — Third Amendment to Interlocal Agreement with St. Lucie County School Board — Consider staff recommendation to approve the proposed Third Amendment to the Interlocal Agreement with the School Board for the Agri -Science Education Center, and authorize the Chairman to sign the Third Amendment. D. Amendment to Revocable License Agreement — Dated November 25, 2003 — 698 Rio Vista Drive — Robert Norton and Leilani Chandler — Consider staff recommendation to approve the Amendment to the Revocable License Agreement dated November 25, 2003, authorize the Chairman to sign the Amendment to the Revocable License Agreement and record the Amendment in the Public Records of St. Lucie County, Florida. E. Ordinance No. 07-058 - Amending 1-12-36 ("General Business") to correct a scrivener's error in the biennial increase for general businesses employing five (5) employees or less — Staff requests permission to advertise proposed Ordinance No. 07-058 for public hearings on October 23, 2007, and November 20, 2007. F. Florida Communities Trust - Hachberry Hammocks / FCT Project 05-069-FF5 - Amendment I to the Declaration of Restrictive Covenants — Consider staff recommendation to approve Amendment I to the Declaration of Restrictive Covenants, authorize the Chairman to execute the Amendment, transmit to Florida Communities Trust and record the Amendment in the Public Records of St. Lucie County, Florida. G. Board of Trustees of the Internal Improvement - Trust Fund of the State of Florida (TIITF) - Lease Agreement - Lease Number 4511 - Sheriff's Firearms Training Range - Parcel I.D. 2314-333-0000-000-3 — Consider staff recommendation to approve the Lease Agreement with TIITF for the Sheriffs Firearms Training Range, authorize the Chairman to sign the Agreement and direct staff to return to TIITF for further processing. H_ South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Construction Easement - River Oaks At Ten Mile Creek Homeowners Association, Inc. - Parcel I.D. 2429-802-0004-000-3 - Parcel 714 — Consider staff recommendation to accept the Temporary Construction Easement, authorize the Chairman to sign Resolution No. 07-299 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 1. Contract for Sale and Purchase — Harmony Heights Stormwater Improvement — Betty L. Ghee — Tax ID 1431-801-0010-000/9 — Consider staff recommendation to approve the Contract for Sale and Purchase from Betty L. Ghee for the purchase price of $20,000.00, 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. j. Reynolds Millwork? — Donation of Right -of -Way —10 feet on Oleander Avenue — Resolution No. 07-300 — Consider staff recommendation to accept the Special Warranty Deed, authorize the Chairman to sign Resolution No. 07-300 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. K. Unclaimed Monies Deposited or Collected by the St. Lucie County Clerks of Court — Staff recommends that the attached Affidavit of Publication be filed and recorded in the Board minutes. Content Agenda October 9, 2007 Page Two 3. PUBLIC WORKS A. Engineering Division - Approve Change Order No. 4 in the deductive amount of ($44,520.00); accept the project; release retainage in the amount of $29,760.46 and provide Final Payment to Contract C04-04-178 in the amount of $28,573.08 (deducting for failed laboratory test and inspection overtime hours in the amount of $1,187.38) to WPC Industrial Contractors for completion of the Platt's Creek Stormwater Management Facilities project — Consider staff recommendation to approve and authorize the Chair to sign Change Order No. 4 in the deductive amount of ($44,520.00); release retainage in the amount of $29,760.46; and provide Final Payment to Contract C04-04-178 in the amount of $28,573.08 (deducting for failed laboratory test and inspection overtime hours in the amount of $1,187.38) to WPC Industrial Contractors for completion of the Platt's Creek Stormwater Management Facilities project. e. Engineering Division - Second Amendment to Work Authorization No. 4 (CO3-09-708, Engineering Services for Roadway and Intersection Design) for an extension of time to August 29, 2008 and post - design services with Inwood Consulting Engineers, Inc., for the Avenue J Pedestrian Bridge project — Consider staff recommendation to approve and authorized the Chairman to sign the Second Amendment to Work Authorization No. 4 (CO3-09-708, Engineering Services for Roadway and Intersection Design) for an extension of time to August 29, 2008 and an increase to the contract in the amount of $17,783.00 with Inwood Consulting Engineer for Post Design Services on an as to needed basis for the Avenue 1 Pedestrian Bridge project. 4. HUMAN RESOURCES Q Critical and Palm Beach Trauma Associates Invoices — Staff recommends payment of Cl Critical Care (Lifestar) invoice in the amount of $7,470.00 and Palm Beach Trauma Associated invoice in the amount of $588.00 per State Statute. s. PARKS AND RECREATION A. Budget Resolution No. 07-295, Acceptance of grant funding - Consider staff recommendation to approve Budget Amendment No. 07-295, accepting funds from St. Lucie County Weed and Seed in the amount of $15,660.00 for summer camp enrollments. B. American Cancer Society/Relay for Life/Waiver of Fees/Lawnwood Complex — Consider staff recommendation to waive fees in the amount of $500.00 as requested by the American Cancer Society for its annual RELAY FOR LIFE event scheduled to be held at the Lawnwood Complex on March 8th and 91h, 2008, C. Savannas Campground/Lease-Sublease with On -site Law Enforcement Officer — Consider staff recommendation to approve the Lease/Sub-lease as drafted by the County Attorney with Officer Sal Garcia, allowing him to reside in Katherine England's trailer, located under existing contract at the Savannas, in exchange for performing security duties as defined in the Lease/Sub-lease. Approve extending the Lease Agreement in additional three years. D. Request for approval to Serve Alcohol at Pepper Park — Consider staff recommendation to approve (� I �i��Cathy Townsend's request to serve/sell alcohol at Pepper Park during the October 13, 2007 reception al 2 04eG� that she is hosting. G. SHERIFF Request retroactive approval for distribution from the 2006/2007 Law Enforcement Trust (L.E.T.) Fund in the amount of $246,354. — Consider staff recommendation to approve the Sheriff's retroactive request and transfer of funds in the amount of $246,354 for 2006/2007. Consent Agenda October 9, 2007 Page Three 7. PARKS REFERENDUM Approve Florida Youth Conservation Corps to purchase and install guardrail for the new decel lane on Emerson Avenue — Consider staff recommendation to approve Florida Youth Conservation Corps to purchase and install guardrail for the new decel lane on Emerson Avenue, and to use Park Referendum funding in the amount of $5,620.15. B. GRANTS A. Authorize the submittal of a grant application to the PETCO Foundation on behalf of the Humane Society of Saint Lucie County, Inc. Grant for funding to protect animals and educate the public on animal care and relationships — Consider staff recommendation to approve the submittal of the grant application to the PETCO Foundation on behalf of the Humane Society of Saint Lucie County, Inc. B. Authorize the submittal of a grant application to the American Humane Society — The Second Chance Fund on behalf of the Humane Society of Saint Lucie County, Inc. Grant for funding to aide in providing medical treatment and rehabilitation to abused and neglected animals — Consider staff recommendation to approve the submittal of the grant application to the American Humane Society on behalf of the Humane Society of Saint Lucie County, Inc. 9. PURCHASING A. Second Amendment to Contract C06-07-407 with Hulett Environmental Services for Pest Control Services — Consider staff recommendation to approve the second amendment to contract C06-07-407 with Hulett Environmental Services, adding Tradition Field and Open Space Pool to the existing pest control contract, and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. Board approval to advertise an Invitation to Bid (ITB) to construct a sidewalk located in the FDOT right of way on Emerson Avenue along the length of Lakewood Park — Consider staff recommendation to approve to advertise an Invitation to Bid (ITB) to construct a sidewalk located in the FDOT right of way on Emerson Avenue along the length of Lakewood Park. C. Board approval to negotiate a lease agreement with the #1 ranked firm, from Request for Proposals #07-100, Mobarak Aircraft, LLC — Consider staff recommendation to negotiate a lease agreement with the #1 ranked firm from Request for Proposals #07-100, Mobarak Aircraft, LLC, and authorize the Chairman to sign the agreement as prepared by the County Attorney. Board approval to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant — Consider staff recommendation to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant and re -bid the project. 5 0. UTIUTIE$ Staff requests approval of a Work Authorization with Masteller & Moler, Inc. for engineering services for design, construction plans, permitted, specifications, administration and inspection of the Holiday Pines Reverse Osmosis Permeate Water Plant capacity increase from 250,000 gpd to 500,000 gpd in an amount of $93,750.00 — Consider staff recommendation to approve Work Authorization with Masteller & Moler, Inc. for engineering services pertaining to the Holiday Pines Reverse Osmosis Permeate Water Plant capacity increase from 250,000 gpd to 500,000 gpd in an amount of $93,730,00. Content Agenda October 9, 2007 Page Four 11. ENVIRONMENTAL RESOURCES Staff requests approval of the First Amendment to Contract C07-03-147 with RTP Environmental Associates, Inc to provide I Air Quality Specialist Services to review documents and attend public workshops pertaining to a PlasmaArc Facility in St. Lucie County to extend the time of service for a period not to exceed 180 days and to authorize the chair to sign the agreement as prepared by the County Attorney's office — Consider staff recommendation to approve of the First Amendment to Contract C07-03-147 with RTP Environmental Associates, Inc to provide Air Quality Specialist Services to review documents and attend public workshops pertaining to a PlasmaArc Facility in St. Lucie County to extend the time of service for a period not to exceed 180 days and to authorize the chair to sign the agreement as prepared by the County Attorney's office. 12. CULTURAL AFFAIRS A. Authorize the Chair to sign the grant contract with the UDT Navy SEAL Museum for $40,000 in operating expenses — Consider staff recommendation to authorize the Chair to sign the grant contract with the UDT Navy SEAL Museum for $40,000 in operating expenses. B. Authorize the Chair to sign the grant contract with the Cultural Affairs Council (CAC) for $65,000 that will be distributed in grants for the Zora Neale Hurston Festival, the Mini -grant program and for CAC operating expenses — Consider staff recommendation to Authorize the Chair to sign the grant contract with the Cultural Affairs Council (CAC) for $65,000 for the mini -grant program, Zora Fest and general CAC operating costs. ANNOUNCEMENT$ October 9, 2007 1. The St. Lucie County Master Gardener 241h 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. 2. Cultural Affairs Mini -Grant Applications cycle is now open with grant applications due on October 19, 2007 at 5:00 PM. For more details call Cultural Affairs at 772/462-1767. 3. The Board of County Commissioners October Monthly Informal Meeting will be held on Tuesday, October 23, 2007 at 1:30 p.m. in Conference Room #3. 4. The St. Lucie Cooperative Extension will hold a Spread the Shade Plant a Tree, Tree Give -A -Way on October 27, 2007 from 8:00 a.m. until Noon at 1664 S.E. Walton Road in Port St. Lucie. 5. The St. Lucie County International Airport is hosting Airport Day on Saturday, November 3, 2007, from 10:00 a.m. to 2.00 p.m. at Airport Administration Building, 3000 Curtis King Boulevard, Fort Pierce. Contact (772) 462-1732 for additional information. 6. The Highwaymen Florida Hall of Fame Celebration Event will be held at the Ft. Pierce Community Center on Sunday, November 4, 2007 from Noon to 4:00 PM. For more details call Cultural Affairs at 772/462-1767. 7. The Board of County Commissioners and the Treasure Coast Education & Research Development Authority will hold a meeting on Thursday, November 8, 2007 at 2:00 p.m. at 2199 Roclz Road in the University of Florida building. 8. Navy UDT-SEAL Museum's Annual Veteran's Day MUSTER XXII Event will be held on November 9 to November 11 at 3300 North AIA, North Hutchinson Island. For more details, call the SEAL Museum at 772/595- 5845. 9. The Board of County Commissioners November Monthly Informal Meeting will be held on Tuesday, November 27, 2007 at 1:30 p.m. in Conference Room #3. 10. 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-IM or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Paula A. Lewis, Chairman Doug Coward, Vice Chairman Joseph E. Smith Charles Grande Chris Craft r lt<I i, emu. District No. 3 District No. 2 District No.1 District No. 4 District No. 5 AGENDA October O, 2007 1. / MINUTES Approve the minutes from the meeting held on September 25, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA WARRANTS LIST Approve warrants List No. 52,53 and 1. PURCHASING Approval to Piggybacla Charlotte County Bid No. 2005000001 for Aerial Adulticide Services and award of Bid to Vector Disease Control, Inc. — Consider staff recommendation to approve to piggyba& Charlotte County Bid 2005000001 for Aerial Adulticide Services and permission for the Chairman to sign the contract with Vector Disease Control, Inc. for an amount not to exceed $200,000 as prepared by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal�en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-rM or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Charles Grande, Chairman Chris Craft, Vice Chairman Joseph E. smith Doug Coward Paula A. Lewis District No. 4 District No. 5 District No.1 District No. 2 District No. 3 AGENDA October 9, 2007 1.,� MINUTES p 0i10 Approve the minutes from the meeting held on September 25, 2007. �{ Z. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. ,Qd WARRANTS LIST (�{ Approve Warrants List No. 52, 53 and 1. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action talzen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ADDITION$ AGENDA October 9, 2007 UPDATED 10/08/2007 PRE ENTAT f IONf1PROCLAMAT10Nf aD; Resolution No. 07-308 - Proclaiming the Month of October 2007, as `BREAST CANCER AWARENESS MONTH" E in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 07-308 as drafted. REGULAR AGENDA ?�� �� ��`�� 3 RA PURCHASING Board approval to reject all bids r'eteived from Invitation to Bid (ITB) #07-099, Construction of the Administration Building Chiller Plant and re -bid the project - Staff recommends that the Board uphold staff's 1� determination to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant and re -bid the project as a unit price bid. KAZ. GROWTH MANAGEMENT Queens Island Preserve Major Site Plan M)SP 820071304 - Consider staff recommendation to approve Resolution No. 07-291, granting Major Site Plan and Certificate of Capacity qpp val for the project known as Queens Island Preserve, with limiting conditions. fv /�jPl LU(i jfulrT2C�/h lhe�i�0��c�i �7r RA3. GROWTH MANAGEMENT pl j�-PUD Open Space - Provide Staff direction if needed. CONSENT AGENDA CAI* f COUNTY ATTORNEY �r� Teamsters Local Union No. 769 - First Amendment to October 1„ 2006 Collective Bargaining Agreement - Consider staff recommendation to approve the proposed First Amendment to the October 1, 2007 Collective Bargaining Unit Agreement with Teamsters Local Union No. 769, and authorize the Chairman to sign the amendment subject to ratification by the members of the bargaining unit. A26 PARKS AND RECREATION Approval to advertise for Request to Bid-Lawnwood Skate Park Construction Project - Consider staff recommendation to authorize staff to advertise for request to bid for the Lawnwood Skate Park construction project. C . MANAGEMENT AND BUDGET Request to approve Budget Resolution No. 07-305 - Consider staff recommendation to approve Budget Resolution No. 07-305. A& MANAGEMENT AND BUDGET Adopt Budget Resolution No. 07-306 to correct the fund number of The Hurricane Housing Recovery Plan - Consider staff recommendation to adopt Budget Resolution No. 07-306 to correct the error in the fund number for the Hurricane Housing Recovery Plan retroactive to 10/1106. This will bring us into compliance with grant requirements. AS. CENTRAL SERVICES David Brooks Enterprises, Inc. - Change Order No. 1 to #CO7-01-037 - St. Lucie County Clerk of the Court Window Repair - Consider staff recommendation to approve Change Order No. 1 to Contract #C07-01-037, David Brooks Enterprises, Clerk of the Court Window Repair Project, to decrease the contract sum $49,875.00; the new contract sum will be $489,125.00. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. 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 swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at CM) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 1 October 9, 2007 9800 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA1 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. e BOARD OF COUNTY COMMISSIONER= www.ce.st-lucle.thus Chris Craft, Chairman District No. S Joseph E. Smith, Vice Chairman District No.1 Doug Coward District No. s Paula A. Lewis District No. 3 Charles Grande District No. 4 October 9, 2ow 9100 A.M. Invocation Pledge of Allegiance f. MINUTES Approve the minutes from the October 2, 2007 meeting. 2. PIEOCLAMATIONS/PRESENTATIONS Resolution No. 07-282 — Proclaiming October 10, 2007, as the Seventh Annual "PUT THE BRAKES ON FATAILITIES DAY" in St. Lucie County — Consider staff recommendation to adopt Resolution No. 07- 282 as drafted. Resolution No. 07-297 - Proclaiming October 18, 2007, as "INTERNATIONAL CREDIT UNION DAY" in St. Lucie County, Florida — Consider staff recommendation adopt the attached Resolution No. 07-297 as drafted. County Administrator will announce a Employee of the Quarter for July, August and September 2007. 3. GENERAL PUBLIC COMMENT 'J 4. CONSENT AGENDA � c 6 SA. PUBLIC WORKS Building & Zoning Division - Request the Board of County Commissioners give permission to demolition fire damaged structure at 7909 Paso Robles Blvd., Fort Pierce, Florida and has been found by the Building Official to be more than fifty percent (50%) damaged and is unsafe and constitutes a nuisance — Staff recommends the approval by the Board if the structure is not taken down and property cleaned by October 22, 2007, the Board give the Code Enforcement Department permission to proceed to contract 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. END OF PUBLIC HEARINGS It Regular Agenda October 9, 2007 Page Two G. GROWTH MANAGEMENT Petition of Pressure Pro Inc. for a Major Adjustment to a Major Site Plan approval for the project known as Pressure Pro, for an addition of 14,730 square foot of space to an existing 21,815 square foot facility for a total of 36,545 square foot of space on 2.81 acres of property, located in the IL (Industrial, Light) Zoning District for a property located at 7300 Commercial Circle in the Kings Highway Industrial Pariz, St. Lucie County, Florida — Draft Resolution No. 07-140 — Consider staff recommendation to adopt the Resolution granting approval of the request as contained in Draft Resolution No. 07-140 with 4 limiting conditions. CON$ENT AGENDA t. WARRANTS Approve warrant list No. 53 and 1 Z. COUNTY ATTORNEY A. Second Amendment to Interlocal Agreement — Security Rates — Consider staff recommendation to approve the Second Amendment to the Interlocal Agreement, raising the hourly rates of deputies and supervisors effective October 1, 2007. B. Fifth Amendment to Interlocal Agreement — Weekend Work Program — Consider staff recommendation to approve the Fifth Amendment to the Interlocal Agreement, raising the hourly rates of deputies and supervisors effective October 1, 2007. C. Agri -Science Education Center — Third Amendment to Interlocal Agreement with St. Lucie County School Board — Consider staff recommendation to approve the proposed Third Amendment to the Interlocal Agreement with the School Board for the Agri -Science Education Center, and authorize the Chairman to sign the Third Amendment. D. Amendment to Revocable License Agreement — Dated November 25, 2003 — 698 Rio Vista Drive — Robert Norton and Leilani Chandler — Consider staff recommendation to approve the Amendment to the Revocable License Agreement dated November 25, 2003, authorize the Chairman to sign the Amendment to the Revocable License Agreement and record the Amendment in the Public Records of St. Lucie County, Florida. E. Ordinance No. 07-058 - Amending 1-12-36 ("General Business') to correct a scrivener's error in the biennial increase for general businesses employing five (5) employees or less — Staff requests permission to advertise proposed Ordinance No. 07-058 for public hearings on October 23, 2007, and November 20, 2007. F. Florida Communities Trust - Hackberry Hammock / FCT Project 05-069-FF5 - Amendment I to the Declaration of Restrictive Covenants — Consider staff recommendation to approve Amendment I to the Declaration of Restrictive Covenants, authorize the Chairman to execute the Amendment, transmit to Florida Communities Trust and record the Amendment in the Public Records of St. Lucie County, Florida. G. Board of Trustees of the Internal Improvement - Trust Fund of the State of Florida (TIITF) - Lease Agreement - Lease Number 4511 - Sheriffs Firearms Training Range - Parcel I.D. 2314-333-0000-000-3 — Consider staff recommendation to approve the Lease Agreement with TIITF for the Sheriffs Firearms Training Range, authorize the Chairman to sign the Agreement and direct staff to return to TIITF for further processing. N. South 25 Street Roadway Widening - Midway Road to Edwards Road - Temporary Construction Easement - River Oaks At Ten Mile Creek Homeowners Association, Inc. - Parcel I.D. 2429-802-0004-000-3 - Parcel 714 — Consider staff recommendation to accept the Temporary Construction Easement, authorize the Chairman to sign Resolution No. 07-299 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 1. Contract for Sale and Purchase — Harmony Heights Stormwater Improvement — Betty L. Ghee — Tax ID 1431-801-0010-000/9 — Consider staff recommendation to approve the Contract for Sale and Purchase from Betty L. Ghee for the purchase price of $20,000.00, 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. J. Reynolds Millwork — Donation of Right -of -Way —10 feet on Oleander Avenue — Resolution No. 07-300 — Consider staff recommendation to accept the Special Warranty Deed, authorize the Chairman to sign Resolution No. 07-300 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. K. Unclaimed Monies Deposited or Collected by the St. Lucie County Clerk of Court — Staff recommends that the attached Affidavit of Publication be filed and recorded in the Board minutes. Consent Agenda October 9, 2ooT Page Two 3. PUBLIC WORKS A. Engineering Division - Approve Change Order No. 4 in the deductive amount of ($44,520.00); accept the project; release retainage in the amount of $29,760.46 and provide Final Payment to Contract C04-04-178 in the amount of $28,573.08 (deducting for failed laboratory test and inspection overtime hours in the amount of $1,187.38) to WPC Industrial Contractors for completion of the Platt's Creekz Stormwater Management Facilities project — Consider staff recommendation to approve and authorize the Chair to sign Change Order No. 4 in the deductive amount of ($44,520.00); release retainage in the amount of $29,760.46, and provide Final Payment to Contract C04-04-178 in the amount of $28,573.08 (deducting for failed laboratory test and inspection overtime hours in the amount of $1,187.38) to WPC Industrial Contractors for completion of the Platt's Creek Stormwater Management Facilities project. Be Engineering Division - Second Amendment to Work Authorization No. 4 (CO3-09-708, Engineering Services for Roadway and Intersection Design) for an extension of time to August 29, 2008 and post - design services with Inwood Consulting Engineers, Inc., for the Avenue 1 Pedestrian Bridge project — Consider staff recommendation to approve and authorized the Chairman to sign the Second Amendment to Work Authorization No. 4 (CO3-09-708, Engineering Services for Roadway and Intersection Design) for an extension of time to August 29, 2008 and an increase to the contract in the amount of $17,783.00 with Inwood Consulting Engineer for Post Design Services on an as to needed basis for the Avenue 1 Pedestrian Bridge project. 4. HUMAN RESOURCES Cl Critical and Palm Beach Trauma Associates Invoices — Staff recommends payment of Cl Critical Care (Lifestar) invoice in the amount of $7,470.00 and Palm Beach Trauma Associated invoice in the amount of $588.00 per State Statute. Be PARKS AND RECREATION A. Budget Resolution No. 07-295, Acceptance of grant funding - Consider staff recommendation to approve Budget Amendment No. 07-295, accepting funds from St. Lucie County Weed and Seed in the amount of $15,660.00 for summer camp enrollments. Be American Cancer Society/Relay for Life/Waiver of Fees/Lawnwood Complex — Consider staff recommendation to waive fees in the amount of $500.00 as requested by the American Cancer Society for its annual RELAY FOR LIFE event scheduled to be held at the Lawnwood Complex on March 8th and 91h, 2008. C. Savannas Campground/Lease-Sublease with On -site Law Enforcement Officer — Consider staff recommendation to approve the Lease/Sub-lease as drafted by the County Attorney with Officer Sal Garcia, allowing him to reside in Katherine England's trailer, located under existing contract at the Savannas, in exchange for performing security duties as defined in the Lease/Sub-lease. Approve extending the Lease Agreement in additional three years. D. Request for approval to Serve Alcohol at Pepper Park — Consider staff recommendation to approve Cathy Townsend's request to serve/sell alcohol at Pepper Park during the October 13, 2007 reception that she is hosting. G. SHERIFF Request retroactive approval for distribution from the 2006/2007 Law Enforcement Trust (L.E.T.) Fund in the amount of $246,354. — Consider staff recommendation to approve the Sheriff's retroactive request and transfer of funds in the amount of $246,354 for 200612007. Consent Agenda October 9, 2007 Page Three 7. PARKS REFERENDUM Approve Florida Youth Conservation Corps to purchase and install guardrail for the new decel lane on Emerson Avenue — Consider staff recommendation to approve Florida Youth Conservation Corps to purchase and install guardrail for the new decel lane on Emerson Avenue, and to use Park Referendum funding in the amount of $5,620.15. 8. GRANT$ A. Authorize the submittal of a grant application to the PETCO Foundation on behalf of the Humane Society of Saint Lucie County, Inc. Grant for funding to protect animals and educate the public on animal care and relationships — Consider staff recommendation to approve the submittal of the grant application to the PETCO Foundation on behalf of the Humane Society of Saint Lucie County, Inc. Be Authorize the submittal of a grant application to the American Humane Society — The Second Chance Fund on behalf of the Humane Society of Saint Lucie County, Inc. Grant for funding to aide in providing medical treatment and rehabilitation to abused and neglected animals — Consider staff recommendation to approve the submittal of the grant application to the American Humane Society on behalf of the Humane Society of Saint Lucie County, Inc. 9. PURCHASING A. Second Amendment to Contract C06-07-407 with Hulett Environmental Services for Pest Control Services — Consider staff recommendation to approve the second amendment to contract C06-07-407 with Hulett Environmental Services, adding Tradition Field and Open Space Pool to the existing pest control contract, and authorize the Chairman to sign the amendment as prepared by the County Attorney. Be Board approval to advertise an Invitation to Bid (ITB) to construct a sidewalk located in the FDOT right of way on Emerson Avenue along the length of Lakewood Park — Consider staff recommendation to approve to advertise an Invitation to Bid (ITB) to construct a sidewalk located in the FDOT right of way on Emerson Avenue along the length of Lakewood Park. Co Board approval to negotiate a lease agreement with the #1 ranked firm, from Request for Proposals #07-100, Mobarak Aircraft, LLC — Consider staff recommendation to negotiate a lease agreement with the #1 ranked firm from Request for Proposals #07-100, Mobarak Aircraft, LLC, and authorize the Chairman to sign the agreement as prepared by the County Attorney. D. Board approval to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant — Consider staff recommendation to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant and re -bid the project. to. UTILITIES Staff requests approval of a Work Authorization with Masteller & Moler, Inc. for engineering services for design, construction plans, permitted, specifications, administration and inspection of the Holiday Pines Reverse Osmosis Permeate Water Plant capacity increase from 250,000 gpd to 500,000 gpd in an amount of $93,750.00 — Consider staff recommendation to approve Work Authorization with Masteller & Moler, Inc. for engineering services pertaining to the Holiday Pines Reverse Osmosis Permeate Water Plant capacity increase from 250,000 gpd to 500,000 gpd in an amount of $93,750.00. Content Agenda October 9, 2007 Page Four It* ENVIRONMENTAL RESOURCES Staff requests approval of the First Amendment to Contract C07-03-147 with RTP Environmental Associates, Inc to provide I Air Quality Specialist Services to review documents and attend public workshops pertaining to a PlasmaArc Facility in St. Lucie County to extend the time of service for a period not to exceed 180 days and to authorize the chair to sign the agreement as prepared by the County Attorney's office — Consider staff recommendation to approve of the First Amendment to Contras C07-03-147 with RTP Environmental Associates, Inc to provide Air Quality Specialist Services to review documents and attend public workshops pertaining to a PlasmaArc Facility in St. Lucie County to extend the time of service for a period not to exceed 180 days and to authorize the chair to sign the agreement as prepared by the County Attorney's office. 12. CULTURAL AFFAIRS A. Authorize the Chair to sign the grant contract with the UDT Navy SEAL Museum for $40,000 in operating expenses — Consider staff recommendation to authorize the Chair to sign the grant contract with the UDT Navy SEAL Museum for $40,000 in operating expenses. Be Authorize the Chair to sign the grant contract with the Cultural Affairs Council (CAC) for $65,000 that will be distributed in grants for the Zora Neale Hurston Festival, the Mini -grant program and for CAC operating expenses — Consider staff recommendation to Authorize the Chair to sign the grant contract with the Cultural Affairs Council (CAC) for $65,000 for the mini -grant program, Zora Fest and general CAC operating costs. October 9, 2007 s :�rww»axi+as�.,-.wr.mx _. amn-.^.aw�w;. ..»�.,,;.�;Maw, o-wnzmuacrrxr»s�•^- _z� .. �:.. 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. 2. Cultural Affairs Mini -Grant Applications cycle is now open with grant applications due on October 19, 2007 at 5:00 PM. For more details call Cultural Affairs at 772/462-1767. 3. The Board of County Commissioners October Monthly Informal Meeting will be held on Tuesday, October 23, 2007 at 1:30 p.m. in Conference Room #3. 4. The St. Lucie Cooperative Extension will hold a Spread the Shade Plant a Tree, Tree Give -A -Way on October 27, 2007 from 8:00 a.m. until Noon at 1664 S.E. Walton Road in Port St. Lucie. 5. The St. Lucie County International Airport is hosting Airport Day on Saturday, November 3, 2007, from 10:00 a.m. to 2.00 p.m. at Airport Administration Building, 3000 Curtis King Boulevard, Fort Pierce. Contact (772) 462-1732 for additional information. 6. The Highwaymen Florida Hall of Fame Celebration Event will be held at the Ft. Pierce Community Center on Sunday, November 4, 2007 from Noon to 4:00 PM. For more details call Cultural Affairs at 772/462-1767. 7. The Board of County Commissioners and the Treasure Coast Education & Research Development Authority will hold a meeting on Thursday, November 8, 2007 at 2:00 p.m. at 2199 Rock Road in the University of Florida building. 8. Navy UDT-SEAL Museum's Annual Veteran's Day MUSTER XXII Event will be held on November 9 to November 11 at 3300 North AIA, North Hutchinson Island. For more details, call the SEAL Museum at 772/595- 5845. 9. The Board of County Commissioners November Monthly Informal Meeting will be held on Tuesday, November 27, 2007 at 1:30 p.m. in Conference Room #3. 10. 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. ve 'dNY#L {tDb?�tikTpFTNYuv^..i.�gn "' wic4'-ti Hl+ Paula A. Lewis, Chairman District No. 3 Doug Coward, Vice Chairman District No. 2 Joseph E. Smith District No. t Charles Grande District No. 4 Chris Craft District No. s AGENDA October 9, 2007 t. MINUTES Approve the minutes from the meeting held on September 25, 2007. 2. GENERAL PUBLIC COMMENT t. WARRANTS LIST Approve warrants List No. 52,53 and 1. 2. CONSENT AGENDA Approval to Piggybacks Charlotte County Bid No. 2005000001 for Aerial Adulticide Services and award of Bid to Vector Disease Control, Inc. — Consider staff recommendation to approve to piggyback Charlotte County Bid 2005000001 for Aerial Adulticide Services and permission for the Chairman to sign the contract with Vector Disease Control, Inc. for an amount not to exceed $200,000 as prepared by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Charles Grande, Chairman Chris Craft, Vice Chairman Joseph E. Smith Doug Coward Paula A. Leans District Me. 4 District No. 5 District No. t District No. 2 District No. 3 AGENDA October 9, 2007 t. MINUTES Approve the minutes from the meeting held on September 25, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA t. WARRANTS LIST Approve Warrants List No. 52, 53 and 1. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action talzen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. �5D A led p�rvr ADDITION$ AGENDA October s, Z007 UPDATED 10/08/2007 PRESENTATIONS/PROCLAMATIONS 1 u l /��rmri 46,deo) I f Pn 1(Te. Fr-,e, rd5 '1 2D. Resolution No. 07-308 - Proclaiming the Month of October 2007, as "BREAST CANCER AWARENESS MONTH" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 07-308 as R /drafted. C1 AR AGENDA f. PURCHASING Board approval to reject all bids received from Invitation to Bid (ITB) #07-099, Construction of the Administration Building Chiller Plant and re -bid the project - Staff recommends that the Board uphold staffs �V4'determination to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant and re -bid the project as a unit price bid. A& GROWTH MANAGEMENT Queens Island Preserve Major Site Plan M)SP 820071304 - Consider staff recom ndation to approve Resolution No. 07-291, granting Major Site Plan and Celificate of Capacity approv—d f the project !mown as Queens Island Preserve, with limiting conditions. GROWTH MANAGEMENT �,, 6,► ��... •— AG-PUD O en Space - Provi a Staff direction if ceded. NSENT AGENDA Al COUNTY A7TORNEV Teamsters Local Union No. 769 - First Amendment to October 1, 2006 Collective Bargaining Agreement - Consider staff recommendation to approve the proposed First Amendment to the October 1, 2007 Collective Bargaining Unit Agreement with Teamsters Local Union No. 769, and authorize the Chairman to sign the amendment subject to ratification by the members of the bargaining unit. 2. PARKS AND RECREATION Approval to advertise for Request to Bid-Lawnwood Shate Park Construction Project - Consider staff recommendation to authorize staff to advertise for request to bid for the Lawnwood Shate Park construction project. MANAGEMENT AND BUDGET Request to approve Budget Resolution No. 07-305 - Consider staff recommendation to approve Budget Resolution No. 07-305. 4. MANAGEMENT AND BUDGET Adopt Budget Resolution No. 07-306 to correct the fund number of The Hurricane Housing Recovery Plan - Consider staff recommendation to adopt Budget Resolution No. 07-306 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. CAS. CENTRAL SERVICES David Brooks Enterprises, Inc. - Change Order No. 1 to #C07-01-037 - St. Lucie County Clerk of the Court Window Repair - Consider staff recommendation to approve Change Order No. 1 to Contract #C07-01-037, David Brooks Enterprises, Clerk of the Court Window Repair Project, to decrease the contract sum $49,875.00, the new contract sum will be $489,125.00. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. 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 COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 2, 2007 Convened: 6:00 p.m. Adjourned: 8:02 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, LeeAnn Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Marie Gouin, M & B Director, Jack Southard, Public Safety Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Vanessa Bissey, Environmental Resources Director, Mark Satterlee, Growth Management Director, Ken Mascara, Sheriff, Peter Jones, Planning Manager, Kara Wood, TVC Planning Manager, Millie Delgado -Feliciano, Deputy Clerk MINUTES It was moved by Com. Smith, seconded by Com. Lewis, to approve the minutes from the September 25, 2007 meeting, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS None 3. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce addressed what he felt was "sloppy dredging work" being done at the Marina. Staff was directed to check into this issue. Sheriff Mascara addressed the Board and thanked them for their continued cooperation and partnership during the budget process. He advised the Board that of the 1.2 million dollars set aside by the Board, he would be returning $200,000 back to the County, $500,000 would be reallocated to his 07/08 budget and $200,000 for the SRO program. He advised the Board he had frozen 40 of the 72 positions the Board had approved. He also advised the Board he would not require the $400,000 held in reserve by the County for the Sheriff's office. Mr. Jose Vega, Executive Director, E.I. Events, addressed the Board and advised them of the upcoming event, "Drums on Fire" scheduled October 20, 2007 from 4pm-9pm at Lawnwood Stadium. He thanked the Board for their support and continued sponsor. Mr. Vega advised the Board of his attempt to bring the A&M percussion to the event. However he had a short fall of the required $10,000. Com. Coward recommended contacting the Cultural Affairs department for some assistance in obtaining a mini -grant of $2,500. Com. Craft recommended this item be placed on next week's agenda. 4. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda to included CA-1 and CA-2; with C5-1) pulled and the added unagendad item, and; upon roll call, motion carried unanimously. WARRANT LIST The Board approved Warrant List No. 52. 2. COUNTY ATTORNEY A. Revocable License Agreement- Sun Grove Montessori School Inc.- The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Sun Grove Montessori School, Inc., to record the document in the Public Records of St. Lucie County, Florida. B. Amendment of Contract Extension for Human Services Associates to operate the Juvenile Assessment Center and to authorize the Board to sign the interlocal agreements between the Cities of Port St. Lucie and Ft. Pierce- The Board approved an extension of the contract with the current contractor, Human Services Associates, Inc., who will continue to provide booking, security, screening , and case management services at the St. Lucie Juvenile Assessment Center located at 1215 Bell Avenue, Ft. Pierce Florida. This extension will be retroactively dated from (2/28/07). Future funding in 2008 will be from court ordered funds, and from a three way split between St. Lucie County, City of Ft. Pierce and City of Port St. Lucie. 3. MANAGEMENT AND BUDGET A. Request for approval of FY 08 Budget disbursement to the Supervisor of Elections- The Board approved the Supervisor of Elections request for 25 percent of the total FY 08 budget and thereafter, 6.82 percent per month. B. Request for approval of Advance in the amount of $600,000 to the County Tax Collector- The Board approved the Tax Collector's request for an Advance in the amount of $600,000. 4. PUBLIC WORKS A. Request Board approve for WA# 1 with Creech Engineers, Inc., for Professional Continuing Consultant Services for FEMA Countywide Community Rating System Annual Recertification.- The Board approved Work Authorization # 1 Creech Engineers, Inc. in an amount not to exceed $43,000 and authorized the Chairman signing. B. Request for Board of County Commissioners approval of Work Authorization No. 7 with Dredging and Marine Consultant Services LLC for Taylor Creek Restoration Dredging Project Phase 3 Shoreline Stabilization, Construction Inspection Services- The Board approved Work Authorization No. 7. 5. PURCHASING A. Board approval to award Invitation to Bid No, 07-097 for the purchase of a Skid Steel Forestry Mower to MOR Power Inc., for the cost of $103,607.95- The Board approved Invitation to Bid No. 07-097 to MOR Power Inc. 2 09/28/07 FZABWARR FUND TITLE 001 001146 001156 001167 001180 001181 001182 001183 001404 001411 001412 001418 001419 001420 001424 001425 001814 101 101001 101002 101003 101004 101006 102 102001 102110 102803 105 107 107001 107002 107006 107204 109 ill 112 113 114 116 117 119 120 122 123 126 127 128 129 ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 22-SEP-2007 TO 28-SEP-2007 FUND SUMMARY General Fund FTA USC Section 5307 FY03 FTA USC Secton 5307 Oper. Assist. PTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita CSBG Grant FY07 Section 112/MPO/FHWA/Planning 2007 05 CDBG Sup Disaster Recovery Trip Grant FY 07 CTD Medicaid Non-Emrg Grant FY 07 FDCA EMPA FY07 FDCA-Construct County HOC TDC Planning Grant 07 Dept of Financial Services My Safe FCT Heathcote Botanical Gardens/Par 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 USDA Lakehurst Drive Paradise Park, S L C Stormwtr Imp. Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Drug Abuse Fund River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting: Parks MSTU Fund EXPENSES 718,640.66 543.00 5,491.00 45.50 40.19 117,049.13 3,538.55 2,031.72 765.94 10,421.12 157,611.00 495.65 250.00 350.76 1,385.38 36,864.00 274.20 46,820.45 28,950.41 105,126.99 20,010.05 12,495.23 614,838.09 32,504.32 103,061.38 300.00 25,928.75 3,985.91 79,992.06 1,293.67 414.60 23,848.29 611.51 35.00 2,845.58 605.43 238.01 519.09 580.39 144.50 901.02 179.49 1,035.58 367.06 124.89. 377.16 504.77 130.00 PAGE 1 PAYROLL 9,862.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 22,852.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/28/07 FZABWARR FUND TITLE 130 136 138 139 140 140001 140341 150 160 183 183001 183003 183004 183006 185006 185007 195900 185009 189201 216 262 310002 316 316001 39007 396 397 398 401 418 451 458 461 471 478 479 491 505 505001 611 625 665 674 677 678 679 692 693 ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 22-SEP-2007 TO 28-SEP-2007 FUND SUMMARY SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund Construction of Airport Rescue & Fi Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin, Teen Court Guardian Ad Litem Fund FHFA SHIP FY05/06 FHFA SHIP PY06107 FHFA Mrtie&A6 Housing Recovery FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery Pla County Capital I&S Tourism Dev 4th Cent I&S Fund Impact Fees -Parks County capital Transportation Capital Indian River Estates MSBU Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital 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 Law Library SLC Art in Public Places. Trust Fund Driftwood Manor MSBU Fund Lost Tree Estates Fund Anita Street MSBU Fund Timberlake Estates MSBU Ideal Holding Road MSBU Westglen MSBU EXPENSES 182,857.89 1,487.16 259.78 758.64 12,499.04 2,700.00 13,000.00 328.50 669.69 4,639.59 366.57 1,551.00 998.22 1,657.32 10.34 43,986.58 674.39. 51.79 1,042.10 9,074.98 51036.50 83,790.68 7,839.46 18,359.00 10,437.00 4,140.00 3,100.00 2,400.00 271,429.43 14,758.83 102,022.10 40,730.60 12,120.90 182,279.27 7,683.38 1,946.12 11,900.13 635,713.25 18,435.94 10,340.68 17,823.56 420.00 4,655.75 8,136.43 7,531.38 26,127.83 21,753.33 12,077.30 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 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 60,D13.67 56,109.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 , -09/28/07 FZABWARR FUND 801 TITLE Bank Fund ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 22-SEP-2007 TO 28-SEP-2007 FUND SUMMARY GRAND TOTAL: EXPENSES 7,141.16 3,991,962.29 PAGE 3 PAYROLL 0.00 149,838.90 B. Award of RFP No. 07-090- The Board approved awarding RFP No. 07-090 Analytical Laboratory Services to the top ranked proposer, ELAB, Inc., and authorized the Chairman to sign the contract as prepared by the County Attorney. C. Permission to Advertise an Invitation for Bids for the sale of a 2000 Kawaski Mule 2510 PR # 404549 - The Board approved advertising an Invitation for Bids for the sale of a 2000 Kawaski Mule and authorized removing the equipment from the Road and Bridge Department fixed asset inventory. D. Board approval to award Invitation to Bid No. 07-099, Construction of the Administration Building chiller Plat to AMSCO lowest responsible bidder for the cost of $4,128,012.00.- This item was pulled prior to the meeting. E. Request Board approval to begin Phase 2 of the County Cell Phone Allowance Program- The Board approved beginning Phase 2 of the County Cell Phone Allowance Program. F. Board approval to advertise an Invitation to Bid for the painting of the overhead steel beams, canopies and columns at Tradition Field- The Board approved advertising an Invitation to Bid. 6. INVESTMENT FOR THE FUTURE Central Services -Sims Wilkerson Cartier Engineering Inc. Amendment No. 2 to Work Authorization 7- Contract CO3-02-222, Perform construction administration design services for: Administration Complex Chiller Plant, Roger Poitras HVAC and VAV Box Replacement, and Administration Building Air Handling Unit and VAV Box Replacement- The Board approved Amendment No. 2 to Work Authorization No. 7- Contract CO3-02-222. 7. COMMUNITY SERVICES Outside Agency Grant Contracts FY 2007-08- The Board approved the grant agreements and authorized the Chairman to sign the agreements. 8. AIRPORT A. Request for approval of the Second Amendment to the PBS&J Work Authorization No. 22, Ecological Additional Services for Runway 9L/27R, extending the time to complete the tasks to March 31, 2008 with no change in cost- The Board approved PBS&J's Second Amendment to Work Authorization No. 22 extending the time to complete the tasks to March 31, 2008 with no change in cost, and authorized the Chair or designee to execute same. B. Request approval of Work Authorization No. 1 for PBS&J consultant services to prepare a boundary survey for final plat approval of the Airport West Commerce Park at the St. Lucie County International Airport- The Board approved Work Authorization No. 1 for PBS&J consultant services to prepare the final plat for the Airport West Commerce Park at the St. Lucie County International Airport, and authorized the Chair or designee to execute the same. 9. CENTRAL SERVICES St. Lucie County Logistic Center- Purchase and installation of pallet racking (Qty.40)- The Board approved the purchase and installation of pallet racking at a cost of $18,011.48 for the storage space at the St. Lucie County Logistic Center and the Board authorized the Chairman to sign the contract as prepared by the County Attorney. 3 10. ADMINISTRATION Commissioner/County Administrator Travel- The Board authorized for in and out of state travel for the County Administrator and any member of the Board during the FY 07-08 fiscal year. CA-1. COUNTY ATTORNEY Animal Registration Program- Form Agreement for Sale of St. Lucie County Animal Registration Tags- The Board approved the proposed Agreement and authorize the Public Safety Director to sign the agreements on behalf of the County. CA-2. PURCHASING Second Amendment to Contract C04-10-558 Robert Guettler Sod LLC as primary vendor and C04-10-482 T & J Sod as secondary vendor to furnish and install sod as needed for St. Lucie County- The Board approved the Second Amendment to the above contracts. UNAGENDAD GRANTS/DISASTER RECOVERY Authorize the submittal of a grant application and Resolution 07-307 to the Florida Fish and Wildlife Conservation Commission, Boating Infrastructure at the Summerlin Boat Dock.- The Board approved the submittal of the grant application and Resolution No. 07- 307 to the Florida Fish and Wildlife Conservation Commission Boating Infrastructure Grant Program and the match of $50,000 to be used from the recently awarded Florida Boating Improvement Program Gant, and acceptance of the grant if awarded. PUBLIC HEARINGS 5.A GROWTH MANAGEMENT (0:18:16:0) Consider Draft Resolution No. 07-244 for St. Lucie County Director of Growth Management- Consider staff recommendation to adopt Resolution No. 07-244 authorizing the Director of Growth Management to amend the Official County Zoning Map from PUD (Planned Unit Development —Pelican Pointe) zoning district to the HIRD zoning district. Staff advised the Board this was a clean up item and recommended rescheduling for a date certain. It was moved by Com. Grande, seconded by Com. Lewis, to continue this item on November 6, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 53 COUNTY ATTORNEY (0:19:25) Petition for Abandonment- Consider staff recommendation to approve Resolution No. 07-279 instruct staff to publish the final Notice of Abandonment, record Resolution No. 07-279, Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. Quasi -Judicial: Com. Craft, Com. Lewis, Com. Smith and Grande acknowledged meeting with Mr. Butch Terpening from Culpepper & Terpening Com. Coward acknowledged receiving information from Culpepper & Terpening, but did not meet the representative. 4 It was moved by Com. Smith, seconded by Com. Lewis, to approve Resolution No. 07- 279, and; upon roll call, motion carried unanimously. 5.0 GROWTH MANAGEMENT (0:47::57) TVC Interim Land Development Regulations- Consider staff recommendation to schedule the second reading to approve Ordinance No. 07-055 for October 16, 2007. The TVC Planning Manager addressed the Board on this item and reviewed Ordinance No. 07-055, TVC Interim Land Development Regulations. The following information was provided and reviewed: BACKGROUND May 2006: TVC Com Plan Amendment & LDRs adopted by the BOCC July 2007: DCA found amended TVC Element to be in compliance August 2007: Objection filed by affected property owner holding TVC Element in abeyance September 4, 2007: BOCC corrected error in TVC LDRs that suspends their effectiveness and approved permission to advertise Ordinance No. 07-055, Interim LDRs. September 20, 2007: P & Z hearing on Ordinance 07-055 motion to approve failed 3-2 PURPOSE To implement the TVC in limited form as an Overlay Zone consistent with the 2004 Charette To maintain LFDs fully consistent with the County's existing Comprehensive Plan To provide for full implementation of the TVC when the TVC Element becomes effective SUMMARY Formatted as altered from Ordinance 06-017 adopted May 2006 Removes all references to the TVC Element Retains TVC form -based design concepts for development inside USB Permits PCS applications on all parcels with RE Future Land Use. This allows development to continue as allowed in the existing Comp Plan through PUD process, with a Flow Way System and an interconnected street network. Omits TDR multiplier so there will be no increase in density in the TVC area. COORDINATION Staff has reviewed Ordinance 07-055 with planning, design, and legal consultants involved in the initial construction of the TVD LDRs Staff and TCRPC met with TVC Stakeholders on September 17`h to review comments and questions 5 REVISIONS Two revisions were suggested by the TVC Stakeholders that Staff recommends incorporating: Section 5. Effective Date and Termination: This Ordinance shall be effective upon filing with the Secretary of State. This ordinance shall automatically terminate on the same ate on which the Towns, Villages and Countryside Comprehensive Plan amendment shall become effective in accordance with Chapter 163, Part II, Florida Statutes, on which date Ordinances 06-017 and 06-018 will take effect and replace the provisions of Ordinance 07-055. Applications for development orders under this ordinance that are pending as of the effective date of Ordinances 06-017 and 06-018 may continue to be reviewed and approved or denied by the County under the TVC Interim Land Development Regulations for as long as the development orders are continued to be processed in good faith, but no later than one year after Ordinances 06-017 and 06-018 become effective. Section 3.01.03FF Planned Country Subdivision h. URBAN SERVICES In accordance with the R.E. designation in the Future Land Use Element, properties rezoned to the PCS zoning district are not eligible for urban services. The only exception is when the Urban Service Boundary is moved in accordance with Policy 1.1.5.1 of the Comprehensive Plan. The following revision was suggested by the legal consultants and Staff recommends incorporating: Section 3.01.03GG PRW (Planned Retail Workplace) 1. PURPOSE e. Parcels with an underlying zoning of Commercial General or Commercial Neighborhood are not required to rezone to PRW. Such parcels may develop according to existing zoning, however all applications for development must accommodate the following TVC design standards: 1. the street network design in Section 3.01.03.GG2.i, 2. street types as allowed in Section 3.01.03.GG.2.g and defined by referenced street cross sections in Section 3.01.03.EE.2.1, 3. and design requirements referring to Mixed Use Building Lots and Retail Building Lots as defined in Section 3.01.03.EE.2.g(10). Staff Recommendation: Staff recommends that the Board of County Commissioners schedule the second reading of Ordinance No. 07-055 for October 16, 2007. Mr. Jonathan Ferguson, Ruden McCloskey Law Firm, addressed the Board and questioned if a property owner outside the Urban Services Boundary once adopted has a right to develop under the existing land use zoning and LDRs and the existing Comp Plan or are they required to comply with the interim LDRs. The TVC Planning Manager addressed Mr. Ferguson's question and stated it applies to the entire TVC area. Mr. Ferguson stated this poses a potential problem for the small property owners. If this is mandatory, in his opinion, it is not implement able and is inconsistent with the existing Comp Plan. He stated you cannot do what it says you must do or you will be in violation of the existing Comp Plan. 3 Com. Coward stated he felt it was time the county had a "full disclosure law" and asked staff to present the Board with some basic information with regards to an ordinance requiring full disclosure. It is important to know who the representatives are representing. Ms. Susie Caron, Indrio Road resident, addressed the Board in favor of the Interim Ordinance and would like to see it move forward and asked if there was a time period that would address all the issues in the TVC. The TVC Planning Manager states she could not give a definite time due to the litigation by the affected property owner and the possibility of the complainant appealing any action. Com. Grande stated he concurred with everything Dr. Nicholas stated in his report he being the expert on this issue. No action necessary. The second public hearing is scheduled for October 16, 2007 at 6:00 p.m. or as soon thereafter as it may be heard. 5.1) GROWTH MANAGEMENT Petition of Lotux Investments LLC for the development of Estancia Ft. Pierce, a Planned Unit Development consisting of 78 dwelling units n 10.38 acres, consisting of 12 single family homes and 66 multi family dwelling units- Given the satisfactory clarification of the Applicant's proportionate share contribution to the signalization of Cortex and 25`h St. Staff recommends approval of Draft Resolution No. 07-129 granting Final Planned Unit Development Site Plan approval and rezoning to Planned Unit Development for the project to be known as Estancia -PUD subject to limiting conditions. The Planning Manager addressed the Board on this item and advised the Board of a modification needed to be made to the Resolution. Mr. David Lawrence, David Lawrence Architecture and representing Lotux Investments, was present to answer any questions the Board may have. Com. Grande stated he was not a Commission member when this was first brought before the Board however he was a member of the Planning and Zoning Board. He did see several problems with the project and felt it was not of any benefit to the community to entitle doubling the density. He is having a hard time supporting this project in this location as a gated community rather than attempting to integrate with the community. He felt the product is not an act of contribution to the county on a tax basis or the neighborhood. He felt the design would be better if there was more open space and less buildings. Com. Coward stated he was not a fan of walls and would like people to meet their neighbors rather than being behind a masonry wall. He believes there are areas where moderate density is appropriate and he is not opposed to put limited density in this project. Com. Grande stated if they were contributing to the community and the county tax base he could then see some entitlement to a density change. Com Smith questioned the community benefits Com. Grande was alluding to in his prior comments. Com. Grande addressed Com. Smith's question and stated this was not the worst design in the world, but they have the opportunity to make it better. Com. Craft stated he would like to throw away the wall and have the homes face the community. 7 Com. Smith stated that urban in fill was one thing but there are times that developers must work with what they have. He asked, how do you make this work with the resources you have here, to answer that question is you work with what you have, with irregular lots he believes they are doing the best they can. Com. Lewis commented on the apartment complex across the street having a wall. She feels facing 25 h Street and also looking at the assisted living in the area, she would agree to a wall in those areas. She is not wild about gated communities however a well landscaped wall would be more appropriate. Quasi Judicial: The entire Board acknowledged meeting with the applicant and the representatives. Mr. Lawrence advised the Board they had met with the area residents and the residents did not wish for their project to filter into their street or community. If they open the houses to the area they would need to maintain their 100 year flood requirement and have higher elevations. Com. Coward stated he believes they have an opportunity to work with the client but also must remember they cannot fully change the plan that was previously approved but can ask for some improvements. Com. Grande stated recommended sending this project back and asking the applicant to make it better, he too would vote against it in its current status. Com. Coward he would consider some of the recommendations made but would not vote for it if there were walls and gates everywhere, the only area he sees they may need one is to the south of the project. Mr. Lawrence stated they were willing to defer and work with staff. The Asst. County Attorney recommended continuing this item so the applicant can address the issues and bring something back to the Board. Com. Craft requested the multi family be facing the preserve. The Planning Manager advised the Com. Craft of the parking situation with the multi family buildings. Com. Craft stated he would like the preserve opened to everyone Com. Coward addressed his concerns with major changes at this point. If they want to go back and do a complete re -design then that's one thing. The Board needs to apply a level of fairness to the applicant. He does not mind "tweeking" this project plan. The applicant stated they would be willing to not have the masonry walls and the gates except in the area bordering the ACLF and 25`h street. The Environmental Resources Director advised the Board a wall was required in that area. Com. Coward requested the applicant come back with a landscaping design. The applicant stated they would come back with a landscape screening design on the western boundary. It was moved by Com. Grande, seconded by Com. Coward, to continue this item on November 20, 2007 at 6:00 p.m. or as soon there after as it may be heard, and; upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY 800 MHz — Frequency Reconfiguration Agreement with Nextel South Corp. - Consider staff recommendation to approve the Frequency Reconfiguration Agreement and authorize the chairman to sign the Agreement. It was moved by Com. Coward, seconded by com. Smith, to approve staff recommendation, and; upon roll call, motion carried unanimously. Un-agendad Com. Lewis requested the Board ratify her appointment to the Code Enforcement Board. It was moved by Com. Smith, seconded by Com. Grande, to ratify Com. Lewis' appointment, Mr. Ralph Fogg, to the Code Enforcement Board, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court FA r AGENDA REQUEST ITEM NO. _4 DATE: October 9, 2007 REGULAR [ X ] PUBLIC HEARING[ ] CONSENT[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 07-282 - Proclaiming October 10, 2007, as the Seventh Annual "PUT THE BRAKES ON FATALITIES DAY" in St. Lucie County, Florida. BACKGROUND: Carmen B. Pullins, Community Traffic Safety Program Manager of Public Information, for the Florida Department of Transportation District Four, has requested that this Board proclaim October 10, 2007, as the Seventh Annual "Put the Brakes on Fatalities Day" in St. Lucie County, Florida. The attached Resolution No. 07- 282 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION• Staff recommends that the Board adopt the attached Resolution No. 07-282 as drafted. COMMISSION ACTION: [ APPROVED [.1 DENIED [ ] OTHER: Approved 5-0 r County Attorney: Originating Dept CONCURRENCE: D uglas And, County Administrator Review and Approvals Management & Budget Purchasing Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 r It RESOLUTION NO. 07-282 A RESOLUTION PROCLAIMING OCTOBER 10, 2007, AS THE SEVENTH ANNUAL "PUT THE BRAKES ON FATALITIES DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Traffic crashes in the United States of America took 512,621 lives in the last twelve years; January 1, 1995, through December 31, 2006, including 42,642 lives in 2006. 2. Traffic crashes in Florida claimed 36,522 lives in the last twelve years, including 3,374 lives in 2006. The following is a chart indicating Florida's Yearly Traffic Death Toll from 1995 through 2006: Florida's Yearly Traffic Death Toll Year 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Deaths 2,805 2,753 2,785 2,825 2,920 2,999 3,012 3,136 3,169 3,244 3,533 3,374 3. Traffic crashes in St. Lucie County claimed 51 lives in 2006, 53 lives in 2005, 46 lives in 2004, 40 lives in 2003, and 48 lives in 2002. 4. Traffic crashes are the leading cause of death for people ages 6 to 33; and over half of passenger vehicle occupants killed died unbuckled. Motorcycle rider fatalities now account for 11 percent of total fatalities, and 4,784 pedestrians and 773 bicyclists were killed in 2006 traffic crashes. 5. An estimated 2.54 million people were injured in traffic crashes in the United States in 2006; and these roadway deaths and injuries in the United States cost society $230.6 billion a year, about $820.00 per person. 6. The Vatican published these Drivers' "Ten Commandments" in 2007. I. You shall not kill. II. The road shall be for you a means of communion between people and not of mortal harm. III. Courtesy, uprightness and prudence will help you deal with unforeseen events. IV. Be charitable and help your neighbor in need, especially victims of accidents. V. Cars shall not be for you an expression of power and domination, and an occasion of sin. VI. Charitably convince the young and not so young not to drive when they are not in a fitting condition to do so. VII. Support the families of accident victims. VIII. Bring guilty motorists and their victims together, at the appropriate time, so that they can undergo the liberating experience of forgiveness. IX. On the road, protect the more vulnerable party. X. Feel responsible towards others. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: I. This Board does hereby proclaim October 10, 2007, as the Seventh Annual "PUT THE BRAKES ON FATALITIES DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to renew their commitment to traffic safety and to help save lives by Driving As If Your LIFE Depends On It; promoting safe driving behaviors and by sharing these important messages throughout our community. PASSED AND DULY ADOPTED this 9th day of October, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY VCJn �or J`C,mecJ�n�--FCC-w)4A L_ From: Douglas Anderson i To: Missy Woolley bE hP_u"� �v u(c�, Date: 9/5/2007 6:25 PM V Subject: Fwd: Put the Brakes on Fatalities Day ® Draft Proclamation for St. Lucie County Attachments: 1 Put the Brakes on Fatalities Day® Fla County 20O7.doc Please see me >>> <carmen.uullins(ddot.state.fl us> 9/5/2007 11:04 AM >>> FYI A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DESIGNATING OCTOBER 10, 2007 AS THE SEVENTH ANNUAL "PUT THE BRAKES ON FATALITIES DAY@" IN ST. LUCIE COUNTY WHEREAS, traffic crashes in the United States of America took 512,621 lives in the last twelve years, January 1, 1995 through December 31, 2006, including 42,642 lives in 2006. Here in Florida traffic crashes claimed 36,522 souls in the last twelve years, including 3,374 souls in 2006, and Florida's Yearly Traffic Death Toll ----- +----- +----- +----- +----- +----- +----- +----- +----- +----- +----- +----- I 11995 11996 11997 11998 11999 12000 12001 12002 12003 12004 12005 12006 1 1----- +----- +----- +----- +----- +----- +----- +----- +-----+----- +----- + ----- 1 2,80512,75312,78512,82512,92012,99913,01213,13613169 13,24413,53313,374 WHEREAS, traffic crashes in St. Lucie County claimed 51 souls in 2006, 53 souls in 2005, 46 souls in 2004, forty (40) souls in 2003 traffic, and 48 souls in 2002; and WHEREAS, traffic crashes are the leading cause of death for people ages 6 to 33; and over half of passenger vehicle occupants killed died unbuckled, and motorcycle rider fatalities now account for 11 percent of total fatalities, and 4,784 pedestrians and 773 bicyclists were killed in 2006 traffic crashes; and WHEREAS, an estimated 2.54 million people were injured in traffic crashes in the United States in 2006; and these roadway deaths and injuries in the United States cost society $230.6 billion a year, about $820 per person; and WHEREAS, the Vatican published these Drivers' "Ten Commandments" in 2007 I. You shall not kill. II. The road shall be for you a means of communion between people and not of mortal harm. III. Courtesy, uprightness and prudence will help you deal with unforeseen events. IV. Be charitable and help your neighbor in need, especially victims of accidents. V. Cars shall not be for you an expression of power and domination, and an occasion of sin. VI. Charitably convince the young and not so young not to drive when they are not in a fitting condition to do so. VII. Support the families of accident victims. VIII. Bring guilty motorists and their victims together, at the appropriate time, so that they can undergo the liberating experience of forgiveness. IX. On the road, protect the more vulnerable party. X. Feel responsible towards others; and WHEREAS, October 10, 2007 is the Seventh Annual "Put the Brakes on Fatalities Day@" and St. Lucie County is proud to participate in this nationwide effort to help save lives on our city's roadways. NOW, THEREFORE, I, . by virtue of the authority vested in me as Chairman of the St. Lucie County, Florida, do hereby proclaim Wednesday October 10, 2007 as "PUT THE BRAKES ON FATALITIES DAY@" in the St. Lucie County, Florida, and urge all citizens to renew their commitment to traffic safety and to help save lives by Driving as if Your LIFE Depends On It, promoting safe driving behaviors and by sharing these important messages throughout our community. (See attached file: 1 Put the Brakes on Fatalities Day@ Fla County 2007.doc) BUCKLE UP - Every Person - Every Trip - No Excuses! Thank You, Carmen B. Pullins Public Information Community Traffic Safety Program Manager FDOT District Four Telephone: (954) 777-4361 FAX: (954) 777-4498 E-Mail: carmen.oullinsCaldot.state.Fl.us Alternate work schedule: Tues. - Fri. (7:00 am - 5:30 pm) Please see me >>> <carmen.pullins@dot. state. fl. us> 9/5/2007 11:04 AM >>> FYI A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DESIGNATING OCTOBER 10, 2007 AS THE SEVENTH ANNUAL "PUT THE BRAKES ON FATALITIES DAY®" IN ST. LUCIE COUNTY WHEREAS, traffic crashes in the United States of America took 512,621 lives in the last twelve years, January 1, 1995 through December 31, 2006, including 42,642 lives in 2006. Here in Florida traffic crashes claimed 36,522 souls in the last twelve years, including 3,374 souls in 2006, and Florida's Yearly Traffic Death Toll 11995 11996 11997 11998 11999 12000 12001 12002 12003 I2004 12005 12006 1 -----+-----+-----+-----+-----+-----+-----+-----+-----+-----+-----+-----I 2,80512,75312,78512,82512,92012,99913,01213,13613169 13,24413,53313,374 WHEREAS, traffic crashes in St. Lucie County claimed 51 souls in 2006, 53 souls in 2005, 46 souls in 2004, forty (40) souls in 2003 traffic, and 48 souls in 2002; and WHEREAS, traffic crashes are the leading cause of death for people ages 6 to 33; and over half of passenger vehicle occupants killed died unbuckled, and motorcycle rider fatalities now account for 11 percent of total fatalities, and 4,784 pedestrians and 773 bicyclists were killed in 2006 traffic crashes; and WHEREAS, an estimated 2.54 million people were injured in traffic crashes in the United States in 2006; and these roadway deaths and injuries in the United States cost society $230.6 billion a year, about $820 per person; and WHEREAS, the Vatican published these Drivers"'Ten Commandments" in 2007 I. You shall not kill. II. The road shall be for you a means of communion between people and not of mortal harm. III. Courtesy, uprightness and prudence will help you deal with unforeseen events. IV. Be charitable and help your neighbor in need, especially victims of accidents. V. Cars shall not be for you an expression of power and domination, and an occasion of sin. VI. Charitably convince the young and not so young not to drive when they are not in a fitting condition to do so. VII. Support the families of accident victims. VIII. Bring guilty motorists and their victims together, at the appropriate time, so that they can undergo the liberating experience of forgiveness. IX. On the road, protect the more vulnerable party. X. Feel responsible towards others; and WHEREAS, October 10, 2007 is the Seventh Annual "Put the Brakes on Fatalities Day®" and St. Lucie County is proud to participate in this nationwide effort to help save lives on our city's roadways. NOW, THEREFORE, I, , by virtue of the authority vested in me as Chairman of the St. Lucie County, Florida, do hereby proclaim Wednesday October 10, 2007 as "PUT THE BRAKES ON FATALITIES DAY®" in the St. Lucie County, Florida, and urge all citizens to renew their commitment to traffic safety and to help save lives by Driving as if Your LIFE Depends On It, promoting safe driving behaviors and by sharing these important messages throughout our community. (See attached file: 1 Put the Brakes on Fatalities Day® Fla County 2007.doc) BUCKLE UP - Every Person - Every Trip - No Excuses! Thank You, Carmen B. Pullins Public Information Community Traffic Safety Program Manager FDOT District Four BY COMMISSIONER RESOLUTION NO. A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DESIGNATING OCTOBER to, 2007 AS THE SEVENTH ANNUAL "PUT THE BRAKES ON FATALITIES DAY-" IN ST. LUCIE COUNTY WHEREAS, traffic crashes in the United States of America took 512,621 lives in the last twelve years, January 1, 1995 through December 31, 2oo6, including 42,642 lives in 2006. Here in Florida traffic crashes claimed 36,522 souls in the last twelve years, including 3,374 souls in 20o6, and Florida's Yearly Traffic Death Toll pao Saw• isn aan ma• ✓ffii0 W6� f'A vd8 V01� AB$ Eta WHEREAS, traffic crashes in St. Lucie County claimed 51 souls in 2oo6, 53 souls in 2005, 46 souls in 2004, forty (40) souls in 2003 traffic, and 48 souls in 2002; and WHEREAS, traffic crashes are the leading cause of death for people ages 6 to 33; and over half of passenger vehicle occupants killed died unbuckled, and motorcycle rider fatalities now account for a percent of total fatalities, and 4,784 pedestrians and 773 bicyclists were killed in 2oo6 traffic crashes; and WHEREAS, an estimated 2.54 million people were injured in traffic crashes in the United States in 20o6; and these roadway deaths and injuries in the United States cost society $230.6 billion a year, about $820 per person; and WHEREAS, the Vatican published these Drivers' "Ten Commandments" in 2007 I. You shall not kill. II. The road shall be for you a means of communion between people and not of mortal harm. III. Courtesy, uprightness and prudence will help you deal with unforeseen events. IV. Be charitable and help your neighbor in need, especially victims of accidents. V. Cars shall not be for you an expression of power and domination, and an occasion of sin. VI. Charitably convince the young and not so young not to drive when they are not in a fitting condition to do so. VII. Support the families of accident victims. VIII. Bring guilty motorists and their victims together, at the appropriate time, so that they can undergo the liberating experience of forgiveness. IX. On the road, protect the more vulnerable party. X. Feel responsible towards others; and WHEREAS, October 10, 2007 is the Seventh Annual "Put the Brakes on Fatalities Day®" and St. Lucie County is proud to participate in this nationwide effort to help save lives on our city's roadways. NOW, THEREFORE, I, , by virtue of the authority vested in me as Chairman of the St. Lucie County, Florida, do hereby proclaim Wednesday October ro, 2007 as "PUT THE. BRAKES ON FATALITIES DAY'"" in the St. Lucie County, Florida, and urge all citizens to renew their commitment to traffic safety and to help save lives by Driving as if Your LIFE Depends On It, promoting safe driving behaviors and by sharing these important messages throughout our community. DONE AND RESOLVED THIS — DAY OF (SEAL) BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ATTEST: CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND SUFFICIENCY Office of the ST. LUCIE County Attorney 2007. AGENDA REQUEST ITEM NO. 2,6 DATE: October 9, 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. 07-297 - Proclaiming October 18, 2007, as "INTERNATIONAL CREDIT UNION DAY" in St. Lucie County, Florida. BACKGROUND: Daniel Kurek, Business Development Coordinator for PBC Credit Union, has requested that this Board Proclaim October 18, 2007, as "International Credit Union Day" in St. Lucie County, Florida. The attached Resolution No. 07-297 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 07-297 as drafted. .COMMISSION ACTION: [ICJ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: . �i­ - Originating Dept CONCURRENCE: DouglZ Anderson County Administrator Review and Approvals Management & Budget Purchasing Other: Other: Finance: (Check for Copy only, if applicable_ Eff. 5/96 RESOLUTION NO. 07-297 A RESOLUTION PROCLAIMING OCTOBER 18, 2007, AS "INTERNATIONAL CREDIT UNION DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Credit Unions have been operating for over one hundred years in almost every country that allows them to exist as non- profit savings and loan organizations owned and controlled by their members. 2. The Credit Union evolved from the cooperative activities of early 19" century Europe. The first of these cooperatives was an 1844 marketing cooperative organized by a group of workers in Rochdale, England. That same year in Germany, Victor Aime Huber began developing and publicizing some of the early European cooperative theories. The idea of credit societies was a part of this effort. 3. Moved by the crop failure and famine that had devastated Germany in 1846-1847, Hermann Schulze-Delitzsch and Friedrich Wilhelm Raiffeisen created the first true credit unions in the mid- 19th century. 4. Over the years, credit unions spread to communities around the world. In the early 1900s Alphonse and Dorimene Desjardins started a credit union (caisse populaire) in Levis, Quebec. Shortly afterward, Alphonse, along with Americans Edward A. Filene and Roy F. Bergengren, helped establish credit unions in the United States. 5. In 1948, the U. S. Credit Union National Association (CUNA) and CUNA Mutual Insurance Society set aside the third Thursday of October as a national day of observance for Credit Unions. 6. During the 1950's CUNA's World Extension Department provided technical assistance and philosophical guidance for credit union development around the world. By 1964 so many countries had established credit union movements that CUNA's mission was formally expanded, and CUNA International was launched. 7. By 1971, substantial worldwide credit union progress led to the creation of World Council of Credit Unions (WOCCU) to assist others in establishing and maintaining viable credit union movements in countries across the globe. 8. In Canada, Australia, Latin America, the Caribbean, Africa, Asia, New Zealand, Great Britain and the South Pacific, national and regional credit union federations and confederations were established to support and endorse credit union development. Over 30 years ago, WOCCU created the first International Credit Union Day materials, and they continue to provide International Credit Union Day resources worldwide today. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim October 18, 2007, as "INTERNATIONAL CREDIT UNION DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to participate in the activities to be held on October 18, 2007. PASSED AND DULY ADOPTED this 9th day of October, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY From: Eva O'Donnell To: Stiadle, Missy Date: 9/19/2007 2:44 PM Subject: Re: Fwd: Resolution CC: Colella, Connie ok for 10/9. Thanks >>> Missy Stiadle 9/19/2007 2:42 PM >>> Eva, would you please check with Comm. Craft on this proclamation for October 9th and let me know asap if it is ok to proceed. Thank you Missy W. Stiadle Executive Assistant to the County Administrator 772-462-1156 Phone 772-462-2131 Fax 2300 Virginia Avenue Fort Pierce, FL 34982 >>> "Daniel Kurek" <DanielKurekC7a pbccu c000> 9/19/2007 2:29 PM >>> Missy, October 18, 2007 is International Credit Union Day. All Credit Unions throughout the world recognize this day as a special occasion. Credit Unions have been operating for over 100 years in almost every country that allows them to exist as non-profit savings and loan organizations owed and controlled by their members. I would like to have this day officially declared as International Credit Union Day in St. Lucie County by the Board of County Commissioners. Back in 1998 or 1999 I had a similar declaration done. A full text of the meaning of credit unions and their bond worldwide will be forwarded to you upon approval. As we discussed the meeting of October 9th will be fine for the presentation, if approved. Daniel Kurek Business Development Coordinator PBC Credit Union 1-772-462-1595 Ext. 3102 Cell 1-772-216-8987 a C. Kimberlee has been with Central Services through her entire 28 years of service for St. Lucie County. During her tenure, Kimberlee has worn many hats. Kimberlee began her career here as a part time office assistant and moved on from there to become Administrative Assistant then Fiscal Coordinator. She is now in the position of Support Coordinator, handling the department budget. This is no easy feat, as she manages the budgets of seven divisions of the department. Her insight and budget management skills help others within the department manage their own budgets and prevent budget shortfalls. Along with other tasks, Kimberlee manages to process invoices for payment, do line -to -line changes and purchase orders. Her direct involvement has enabled us to find funds when the projects building funds have been exhausted. She has been involved with direct purchases on several major building projects that have saved on construction costs through tax savings making her a true asset to the County. Kimberlee is our "go to girl'. If there is any information we need, we go to Kimberlee. She is a virtual history book on life as a St. Lucie County employee and is a life long resident of St. Lucie County. In her spare time, she enjoys reading, going to the gym, traveling to the mountains of Tennessee and spending time with her husband of 25 years, Kenneth. Kimberlee has been with Central Services through her entire 28 years of service for St. Lucie County. During her tenure, Kimberlee has worn many hats. Kimberlee began her career here as a part time office assistant and moved on from there to become Administrative Assistant then Fiscal Coordinator. She is now in the position of Support Coordinator, handling the department budget. This is no easy feat, as she manages the budgets of seven divisions of the department. Her insight and budget management skills help others within the department manage their own budgets and prevent budget shortfalls. Along with other tasks, Kimberlee manages to process invoices for payment, do line -to -line changes and purchase orders. Her direct involvement has enabled us to find funds when the projects building funds have been exhausted. She has been involved with direct purchases on several major building projects that have saved on construction costs through tax savings making her a true asset to the County. Kimberlee is our "go to girl". If there is any information we need, we go to Kimberlee. She is a virtual history book on life as a St. Lucie County employee and is a life long resident of St. Lucie County. In her spare time, she enjoys reading, going to the gym, traveling to the mountains of Tennessee and spending time with her husband of 25 years, Kenneth. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Works -Bldg & Zoning ITEM NO. 5A DATE: October 9. 2007 REGULAR: ( ) PUBLIC HEARING: (X) CONSENT: ( ) PRESENTED BY: Dennis A. Bunt Code Enforcement Supervisor SUBJECT: Request the Board of County Commissioners give permission to demolition fire damaged structure at 7909 Paso Robles Blvd., Fort Pierce, Florida and has been found by the Building Official to be more than fifty percent (50%) damaged and is unsafe and constitutes a nuisance. BACKGROUND: The building at 7909 Paso Robles Blvd., Fort Pierce, Florida, has been determined to be unsafe and to constitute a nuisance by the Building Official. The Code Enforcement case began March 29, 2006 after numerous complaints. Extensions for compliance were given by the officer to assist Mr. Varnado in working towards compliance. Since nothing had been done to clean up the property the case was taken before the Code Enforcement Board on August 2, 2006. As Mr. Varnado was present for the Code Board Meeting and explained his situation, the Code Board gave him yet another extension to January 2, 2007. At this time no work has been completed on the property, the Code Board did impose a fine and deems the property to be unsafe and poses a danger to neighboring properties and human life. After requesting quotes from seven (7) pre -qualified demolition contractors by the Purchasing Department, three (3) responses to our request were received; L.E.B. Demolition Co. at $12,100.00, Sunrise Systems of Brevard, Inc. at $13,760.00 and D. H. Griffin Wrecking at $17,655.00. FUNDS AVAILABLE: 102-2416-534000-200 PREVIOUS ACTION: On June 26, 2007 the BOCC gave permission to advertise a public hearing. RECOMMENDATION: Staff recommends the approval by the Board if the structure is not taken dowrt and property cleaned by October 22, 2007, the Board give the Code Enforcement Department permission to proceed to contract 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. COMMISSION ACTION:— * APPROVED❑ DENIED CONCU ANCE: oug as An erson County Administrator ❑ OTHER: Approved 5-0 / Review and Approvals 9 County Attorney: 9 Management and Budget: 9 Purchasing: _ Originating Dept: Pub. Wks. 9 Other: 9 Other. 9 Finance: Check for copy only, If applicable: BOARD OF COUNTY COMMISSIONERS BUILDING OFFICIAL REPORT DATE: May 3, 2007 ADDRESS: 7909 Paso Robles, Fort Pierce, FL PUBLIC WORKS CODE COMPLIANCE DIVISION The building at the above referenced address has been significantly damaged by fire and is manifestly unsafe and unsanitary for use as a single family dwelling. This building in its current condition constitutes a public nuisance. Specific conditions which exist include: Burned out and collapsed dwelling, more than 50% totally destroyed. Debris must be cleared and the remaining standing structure taken down. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building located at 7909 Paso Robles, Fort Pierce, Florida is determined to be UNSAFE. Code Compliai4ce Maryrtr Building Official — St. County, FLorida CL/dab 1OSEPH 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 • Ft. Pierce, FL 34982 Permitting and Zoning: (772) 462-1553 FAX (772) 462-1735 Contractor Licensing: (772) 462-1672 • Code Enforcement (772) 462-1571 • Inspections: (772) 462-2165 Fox: (772) 462-1148 www.co.st-lucie.fl.us INTERESTED PARTIES Property Address: 7909 Paso Robles Blvd., Ft. Pierce, FL 34951 Description of Structure: Single Story Wood Frame Structure Legal Description: LAKEWOOD PARK -UNIT 7- BLK 76 LOTS 18 AND 19 (MAP 13/02N) HENRY G. RIEGLER, JR. MARILYN RIEGLER 8 LOUWINE WAY WESTBROOK, MAINE 09042 SHARON SIMMONS RR1 BOX 383 RONCEVERTE, WV 24970 SHERMAN ACQUISITION, L.P., ASSIGNEE FOR SEARS ROEBUCK & CO. P. 0. BOX 10369 GREENVILLE, SC 29603 DEPARTMENT OF THE TREASURY - IRS ST. LUCIE COUNTY TAX COLLECTOR ST. LUCIE COUNTY CODE ENFORCEMENT ALL NOTIFIED BY CERTIFIED MAIL BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN that on June 26, 2007 the Board of County Commissioners of St. Lucie County, Florida, (the "Board"), pursuant to Article III of Chapter 2-5 of the St. Lucie County Code and Compiled Laws declared the Property described below as an unsafe structure and will hold a public hearing at its regular meeting on Tuesday, the 9th day of October, 2007 at 9:00 A.M., or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida to determine what further action, which may include ordering the demolition of the structure, should be taken in regards to the Property described below under the provisions of Section 2-5-43 of the St. Lucie County Code and Compiled Laws. Description of Structure: Single Story Wood Frame Structure Street Address: 7909 Paso Robles Blvd., Fort Pierce, FL 34951 Legal Description: LAKEWOOD PARK -UNIT 7- BLK 76 LOTS 18 AND 19 (MAP 13/02N) Matters affecting your personal and property rights may be heard and acted upon. All interested persons are invited to attend and be heard. Written comments received in advance of the public hearing will also be heard. Copies of the Certified Report of Inspection of the Structure may be obtained from the Code Compliance Division, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, FL 34982. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, council or advisory group, that person will need a record of the proceedings and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. THIS NOTICE EXECUTED and dated this 4`h day of September, 2007. Submitted by: Dennis A. Bunt Code Enforcement Supervisor Published Sept. 9,16,23,and 30, 2007 L.E.O. DENKM$N a CONSOLTING CONTUCTONS, INC. 12805 S. Indian River Drive rnone: rrzr ZZM575 Fax' 772/229-3036 August 8, 2007 St Lucie County B.C.C. Public Works Code Compliance Division Atteution: Dennis A, Bunt Re: Complete demolition of structure Location: 7909 Pala Robles, Ft. Pierce, FL. L.E.B. Demolition, Inc. proposes to furnish all labor and equipment for the demolition and removal of all debris generated by the above referenced job. All debris will be transported to a class T-TTl landfill, dump fees shall be included, L E.B. will send notification to D,E,p. Scope of Work: Demolition and removal of building, slab, footers and hash Property will be rough graded where building was removed L.E.B. Demolition will furnish demolition permit PLEASE: READ EXCLUR",. Exclusions: Asbestos survey or asbestos abatement of any type Capping of wells, sewer and water services Any and all damage to utilities, underground or overhead Any and all utility disconnects or capping of utilities Any unforeseetl conditions under slab Any and all work in public space Any and all fill dirt that may be needed Any and all hazardous and toxic waste We hereby propose to furnish labor and materials - complete in accordance with the above specifications. Any alteration or deviation from above specifications will become an extra charge over and above the estimate, This proposal subject to acceptance with seven days and is void thereafter at the option of the undersigned. For The Sum of TWELVE U5 ND ONE HUNDRED AND 00/100 Dollars. O.DO Payment to be made u on completion of work. No retention's to be held by contractor. L.E.H. Demolition,l c. ewes all sacri is top erty. age rights to commence when job is awarded. Authorized Signature: Donna L. Beck brd Sec/T ACCEPTANCE OF PROPQ3AL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Proposal must be signed and returned before any demolition will begin, ACCEPTED: URE DATE: A�1G � a 200� Gode Ent°rcer^e F1. St. �ucne C•°u^ty' Sunrise Systems of Brevard, Inc. *Asbestos & Lead Paint .Abatement * General Contracting 7397 *Industrial & Specialty Coatings + Abrasive Blasting CB-0O25111 7A.0nnnnAA August 12, 2007 Mr. Dennis A. Blunt, Code Enforcement Supervisor St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 772-462-1672 772-462-5214 fax RE: 7909 Paso Robles Attention: Dennis Bunt, Code Enforcement Supervisor P.O. Box 3188, Cocoa, Florida 32924 (321) 636-1618 Fax: (321) 639- -u. Sunrise Systems of Brevard will provide all labor, materials, supervision, disposal atad insurance to Perform demolition of the structure, foundation, driveway and septic tank located at 7909 Paso Robles, Fort Pierce Florida. The septic will be pumped prior to demolition. PRICE.................................................$1.3,750.00 If you have any questions please call my home office at 321-636-1618 or m.y cell 321-427-7097 Respectfully, Sunni a Systems of Brevard Inc. Mark Ancona Vice President Maa/ Cc: Mike Crowe St. Lucie File .corn SM. OrMlln Wnoklne Co., Inc. 6434 N.W. 6" Wsy Fort Lauderdale. Ford. 33309 PhOns (954) V.&2353 FAX ("4) 05"351 www dharilfinxom Auguat 6, 2007 Mr. Dennis Bunt St. Lucia County Board of Commissioners Pubic Works, Code Compliance Division 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: 7909 Peso Robles Blvd_, Fart Pierce, FL Mr. Bunt: D.H. Griffin Wrecking Under the terms and conditions of this Agreement by and between D.H. Griffin Wrecking Co., Inc. (D.H. Griffin) and St. Lucie County Board of Commissioners, Public Works, Code Compliance Division (Customer), D.H. Griffin will provide off labor, material and supervision necessary to complete the removal work described herein: 1. Project Description: 1.1 Site Address 7W9 Paso Robles Blvd., Fort Pierce, FL 34951-1166 1.2 Dismantling Site Dimensions Approximately 1 D0 feet by 27 feet 1.3 Design Function of Structures to be Removed Fire damaged residence 2. Work by D_H. Griffin: 2.1 D.H. Griffin will verify all utilities that serviced the structures or equipment to to removed have been either disconnected and / or relocated prior to the start of any removal work Upon the completion of work under this agreement, D.H. Griffin will remove all safety devices and measures and security measures put In place for the work ~ Upon the completion of D.H. Griffins work at each location, the Cuskmmr wiU be exclusively responsible for the atfectivo Impk mehtation, maintenance and management of all safety devices and measures and/or security measures at that location. 2.2 D,H. Griffin will remove the folkvMg stnc Lures: 2.2.1 EXisting fire damaged one story house and garage 2.3 D. H. Griffin will remove these structures down to the underside of the concrete slab. 2.4 D.H, Grim will remove all existing concrete slabs, all concrete footings and foundations. 2.5 D.H_ Griffin will remove, load, haul and legally dispose of all conlbuoWle. solid and metallic debris resulting from the above captioned removal wo A.N. OrMn VfteakkW Go., Inn. 9434 NW, 5" Way Fort Caudardals, Fbrids 33309 Phone (ON) M&9353 FAX (964) OU-Ml August 6, 2007 Page 3 of 4 4.9 Provide, erect and maintain all safety measures, equipment, material and devices necessary to assure the safety of the work area upon the completion of the work. 5. Contract Conditions: The Customer and D.H. Griffin spree that 5.1 D.H. Griffin shall occupy the entire work area exclushrely upon the oommencxmen# Of D.H. Griffin's work. D.H. Griffin shall not be responsible for the safety of any person who enters the work area unless such person has been specifically authorized by D.H. Griffin to enter the work area. 5.2 The Customer warrants that there are no hazardous or toxic substances located within the work area. 5.3 Customer shall at al times be exclusively responsible for damage to or loss of any property, which is not owned by D.H. Griffin. Customer shall be exoluWv* responsible for damage to or loss of any salvage that is to become the property of D.H. Griffin until the commenoemeM of work by D.H. Griffin. After the commencement of work by D.H. Griffin, D.H. Griffin shO be exclusively responsible for any damage to or loss of tools, equipment, salvage or property, which is owned or rented by D.H. Griffin. 5.4 This proposal does not Include the removal, handling, transportation or disposal of piling. caissons. grade beams. 5.5 D.H_ Griffin will schedule work between the hours of 7:00 a.m. and 0:00 p.m. on a single shift basis, 5 days each week. 5-6 Customer has identified the fOfiowing utility lines, pipes, wvires, cables or other structures that are located within the removal stag that are designated to remain. The location and extent of each of these Improvements will be accurately determined and clearly marked by the Customer prior to the commencement of work under this Agreement Manhole Conduit D.H. Griffin will perform all work in a careful manner so as to preserve each structure designated in this paragraph. D.H. Griffin shall not be responsible for damage to or destruction of any structure located in or near the work area, which is not designated in this paragraph, accurately located and clearly marked. 5.7 Customer will convey to D.H. Griffin all rights to, title to and interest in all building contents and/or salvage materials not listed that are currently located within the dismantling area. VJL Or"M wr ckwo ". h"h 6434 N. W,_ 5" Wey Fad Lauderdale, Florida 333M Phone (954) 9584363 FAX (954) OW9351 August b, 2007 Page 4 of 4 Payment' - D.H. Griffin will perform the proposed work for and in consideration of receiving from the Customer Me to all sefv a and payment in the total amount of $17,656.00. Said payment shall be made by to O.W. Griffin within ten days after completion of the work described in this agreement without exception or retention whether or not Customer has received payment from any other party. Acceptance: This Agreement shall remain an offer for acceptance by Customer for a period of thirty days and such offer shall be terminated thereafter. Yours: D.H. G n Wrecking Steven Teperman Senior Projeot Manager Property Appraiser - St.Lucie County, FL Page 1 of 1 Resident Record: 1 of 1 Property Identification PROPERTY RECORD CARD <<Prev Next» Spec.Assmnt Site Address: TBD ParcellD: Secfrown/Range: 02 :34S :39E Account # Map ID: 13102N Land Use: Zoning: RS-4 City/Cnty: Ownership and Mailing Owner: Resident Address: N/A Sales Information Date Price Code 4/30/1998 107000 00 Taxes Exemptions Permits Home Print 01E g GG1 1301-607-0181-000-2 1819 q� SF Res ST. LUCIE COUNTY Legal Description LAKEWOOD PARK -UNIT 7- BLK 76 LOTS 18 AND 19 (MAP 13/02N) Assessment TRIM Deed Book/Page 2007 TRIM: 75100 WD 7777 / 7777 Assessed: 75100 Ag.Credit: 0 Exempt: 0 Taxable: 75100 TotalTax: 1584.54 BUILDING INFORMATION Total Land and Building Land Value: 75000 Acres: 0.45 Building Value: 100 Finished Area: 0 SgFt Exterior Features View: RoofCover: - RoofStruct: ExtType: HC - HC YearBlt: 1972 Frame: Grade: C - C EffYrBlt: 1980 PrimeWall: StoryHght: 0010 - 1 Story No.Units: 1 SecWall: Interior Features BedRooms: 0 Electric: - PrmintWall: FullBalh: 0 HeatType: - AvgHt/Fl: STD 1/2Bath: 0 HeatFuel: - Prm.Flors: - %A/C: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard Items Land Information Type Y/S Qty. Units Qual. Cond. YrBlt. No. Land Use Type Measure Depth 3CCT - 3CCT S 1 1 AV AV 1980 1 0100-SF Res BI -Front Ft 150 130 SDSF - SITE DEV S-F Y 1 1 AV AV 2001 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www.paslc.org/prc.asp?prclid=l30160701810002 8/16/2007 2Z Zk w I ro:. " 1, Nk O'C"' S.;1111�1 so 4 Low 0 A r ry, k f t r,. ,r 4,t: "° " 'j:���J �',r -Ff ♦a lr,;'"�� .�'"r r*� v.. 4R J�f�,£�. y`Cv , 4'. :.wr- � �„ F X /: i. � j y .. 'Til�,,� � " g •,�v +�'?•- 7 Si Y ( n s i0111- Zile MW-.M11 _'� ewrV^"re.,�i _ �,�: ���-`.,•J.Y t . �.�.�T� ���I��r Y� �,M".1 �4 '' y, Hl'. 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Y - 1 •'T�4w� y,Sa-�-.� .r:, �"�?A�. ai iSM. l�.(�. p } •ay._a,t' i, Ir •All `� ply 1 Fes.. , .� g _ 1^Vi ^ . +` 1 }.+� ` + L ��'��'�`l+� •i �f 3LF�.3� \ � 9 P 7!� �t - "mil. ' � �%, -r llli! - � 'il! 'b � �. Y.y ` r'e>. `• . � ... +�t't?._ •�4 .. � ; '{ r .),x, � 1}' t .,ems' � 1' �"��� � :�'� ,r�', • j,� x� r41 4r,6` . •Z w Y •..'• r _ ��, SSµ, v.. , ri (. � ". � ,. �.�. 1 ' .. J 1 •' 1 !1 r ! 5.1.s..s. it, •_ ���t¢j�' y •may. y r9� "%IKE -1 �7 Rl, Agenda Request Item Number —( Date: 10/09/07 Consent [ ] Regular [ ] Public Hearing [ ] Leg. [ ] Quasi -JD [ To: Board of County Commissioners Prec nted B Submitted By: Growth Management Department GrowJ6 Management Director SUBJECT: Petition of Pressure Pro Inc. for a Major Adjustment to a Major Site Plan approval for the project known as Pressure Pro, for an addition of 14,730 square foot of space to an existing 21,815 square foot facility for a total of 36,545 square foot of space on 2.81 acres of property, located in the IL (Industrial, Light) Zoning District for a property located at 7300 Commercial Circle in the Kings Highway Industrial Park, St. Lucie County, Florida. — Draft Resolution No. 07-140 BACKGROUND: Initially the site plan application known as Pressure Pro Inc. was submitted back in April 24, 2000 for the construction of 14,160 square feet of building on vacant Lot 1 and 2, Block D of the Kings Highway Industrial Park. The said site plan was approved on May 19, 2000 by CD Order 00-008. The second application, for an addition of 18,800 square foot of building, was received by the Growth Management Department on July 8, 2004 and was administratively withdrawn due to lack of response. The applicant was notified by letter dated May 27, 2005. File No.: SPMJ 112006528 Zoning: IL (Industrial, Light) Future Land Use: IND (Industrial) Project Area: 2.81 acres FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: To adopt the Resolution granting approval of the request as contained in Draft Resolution No. 07-140 with 4 limiting conditions. COMMISSION ACTION: ® APPROVED = OTHER — Approved 5-0 — FORM NO. 07-07 " DENIED j Coordination/ Signatures county Attorney Mgt. & Budget: Originating Dept.: Environ. Res. Dept. _ Finance: NCURRENCE: Douglas M. Anderson County Administrator Purchasing: Road and Bridge Div. Csc/ ,(dill �Al6"G MVr Commission Review: October 09, 2007 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, Director Growth Mana eme Kristin Tetsworth, Planning Manage FROM: Aneela Ansar, Sr. Planner a� DATE: September 11, 2007 SUBJECT: Petition of Pressure Pro Inc, for a Major Adjustment to a Major Site Plan approval for the project known as Pressure Pro, for an addition of 14,730 square foot of space to an existing 21,815 square foot facility for a total of 36,545 square foot of space on 2.81 acres of property, located in the IL (Industrial, Light) Zoning District, located at 7300 Commercial Circle in the Kings Highway Industrial Park, St. Lucie County, Florida. (File No. SPMJ - 112006528) The above project has been reviewed by staff in accordance with the standards of review set forth in Section 11.02.04 of the St. Lucie County Land Development Code. Our review of the above petition included providing a copy of application materials to several County Departments with a request for comments on the proposed Major Adjustment to a Major Site Plan. Attached is the Staff report containing the Agenda Request, Memo, and Resolution. Staff recommends approval for a Major Adjustment to a Major Site Plan with limiting conditions. Please let me know if you have any questions. SUBMITTED: t",)A�o Kristin TetswoiTh, Planning Manager Growth Management Department cc: File I MOTION TO APPROVE: 2 3 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, 4 INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN 5 SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE 6 THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A 7 RESOLUTION GRANTING APPROVAL TO THE APPLICATION OF PRESSURE PRO INC. FOR 8 A MAJOR ADJUSTMENT TO A MAJOR SITE PLAN APPROVAL FOR THE PROJECT 9 KNOWN AS PRESSURE PRO, FOR AN ADDITION OF 14,730 SQUARE FOOT OF SPACE 10 TO AN EXISTING 21,815 SQUARE FOOT FACILITY FOR A TOTAL OF 36,545 SQUARE 11 FOOT OF SPACE ON 2.81 ACRES OF PROPERTY. 12 [CITE REASON WHY- PLEASE BE SPECIFIC] 13 14 MOTION TO DENY: 15 16 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, 17 INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN 18 SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE 19 THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE 20 APPLICATION OF PRESSURE PRO INC., FOR A MAJOR ADJUSTMENT TO A MAJOR SITE 21 PLAN APPROVAL FOR THE PROJECT KNOWN AS PRESSURE PRO, FOR AN ADDITION 22 OF 14,730 SQUARE FOOT OF SPACE TO AN EXISTING 21,815 SQUARE FOOT FACILITY 23 FOR A TOTAL OF 36,545 SQUARE FOOT OF SPACE ON 2.81 ACRES OF PROPERTY. 24 [CITE REASON WHY - PLEASE BE SPECIFIC] 25 26 1 2 3 4 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 STAFF REPORT TO: Board of County Commissioners THROUGH: Mark Satterlee, Director Growth Mana Kristin Tetsworth, Planning Manage PREPARED BY: Aneela Ansar, Sr. Planner rxA ITEM: Resolution No. 07-140 PROJECT: Petition of Pressure Pro Inc. for a Major Adjustment to a Major Site Plan approval for the project known as Pressure Pro Inc. GENERAL INFORMATION APPLICANT: Pressure Pro Inc. CONTACT PERSON: David M. Cleveland PHONE: Tel:772-464-2010 Fax:772-464-0344 PURPOSE: A Major Adjustment to a Major Site Plan for an expansion of existing business of light manufacturing industry (manufacture pressure) from 14,730 square foot to 21,815 square foot for a total of 36,545 square foot of space on 2.81 acres of property. LOCATION: 7300 Commercial Circle, Kings Highway Industrial Park, St. Lucie County, Florida. PARCEL NUMBER: 133580100370009, 133580100380006, and 133580100390003 PARCEL SIZE: 2.81 acres PROPOSED USE: Manufacturing FILE DATE: November 7, 2006 C-44- 1 --A I — �nrl 7nninn- Future Land Use oning TExisting Land Use IND (Industrial) IL (Industrial, Light) Manufacturing Pressure STAFF REPORT DATE: 9/5/07 Page 1 of 6 APPLICATION NO.: SPMJ - 112006528 HEARING BODY: BCC Form No. 07-15 PREPARED BY: Aneela Ansar HEARING DATE: October 9, 07 I Surroundina I and I Ica nnri 7nnmm^. 2 3 4 5 6 7 8 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 Future Land Use -ZoningExistin Land Use North IND (Industrial) AG-1 (Agriculture — 1 du/acre Single-family residence South IND (Industrial) IL (Industrial, Light) Vacant industrial and property developed with light manufacturingindustry East IND (Industrial) IL (Industrial, Light) Single-family residence West IND (Industrial) IL (Industrial, Light) Vacant industrial Comprehensive Plan (Requested / Required waivers and variances): No waivers or variances have been requested. SPECIAL INFORMATION: UTILITY SERVICE: The site is developed with light manufacturing industry (manufacturing industry). The subject property is located within the Fort Pierce Utilities Authority Service Area Boundary. Utilities are supplied by the Fort Pierce Utilities Authority to the existing facility and same services will be extended to the proposed development. BACKGROUND INFORMATION: ANALYSIS: Current Zoning: IL (Industrial, Light) Future Land Use: IND (Industrial) Compliance with Comprehensive Plan and St. Lucie County Land Development Code: Section 11.02.07, of the St. Lucie County Land Development Code identifies the Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Major Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the S7 AFF REPORT DATE: 9/5/07 Page 2 of 6 Form No. 07-15 APPLICATION NO.: SPMJ - 112006528 PREPARED BY: Aneela Ansar HEARING BODY: BCC HEARING DATE: October 9, 07 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 Code and Compiled Laws of St. Lucie County. The proposed Major Adjustment to a Major Site Plan for the project known as Pressure Pro Inc. is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. The IND (Industrial) Future Land Use Classification allows the IL (Industrial, Light) Zoning District. B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The proposed Major Adjustment to a Major Site Plan has been determined not to have an undue or adverse effect upon nearby properties. The adjoining properties to south, east and west are in the IL (Industrial, Light) zoning district and property to the north is in the AG- 1 (Agriculture — 1 du/acre) zoning district. The properties to the north and east are developed with single family residences and property to the south and west either vacant or developed with light manufacturing industry, whereas, the subject property has already been developed with light manufacturing industry (manufacturing pressure). However, mitigation of any negative impact between non -conforming uses can be achieved with proper landscape buffer as required by §7.09.00 since light manufacturing business is already been in operation on the subject site. The subject property is located inside the Fort Pierce Utilities Authority Service Area Boundary. The Utility Services will be supplied by the Fort Pierce Utilities Authority. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. The proposed project requires proper screening from adjacent property through landscaping and screening. Therefore, the Environment Resource Department recommended that prior to issuance of a SLC Vegetation Removal Permit for this site, a Landscape Plan, complying with current landscape code, must be submitted to the Environmental Resources Department for review and approval. Prior to Certificate of Occupancy of new building at the site, the landscaping must be installed per approved plan and received inspection and sign off from ERD. 3. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. STAFF REPORT DATE: 9/5/07 Page 3 of 6 Form No. 07-15 APPLICATION NO.: SPMJ - 112006528 PREPARED BY: Aneela Ansar HEARING BODY: BCC HEARING DATE: October 9, 07 1 2 N/A 3 4 C. ADEQUACY OF PUBLIC FACILITIES 5 6 The proposed building or use complies with the standards of Chapter V, 7 Adequate Public Facilities. 8 9 The proposed development is located within the Kings Highway Industrial Park. 10 The Kings Highway Industrial Park is a development that is determined to be l 1 vested pursuant to Section 11.09.00. Therefore, staff has provided a Certificate 12 of Capacity Exemption in accordance with Section 5.03.04 (A) (2), St. Lucie 13 County Land Development Code. 14 15 The site is developed with light manufacturing industry (manufacturing industry). 16 The subject property is located within the Fort Pierce Utilities Authority Service 17 Area Boundary. Utilities are supplied by the Fort Pierce Utilities Authority to the 18 existing facility and same services will be extended to the proposed 19 development. 20 21 22 D. ADEQUACY OF FIRE PROTECTION 23 24 The applicant has obtained from the St. Lucie County Fire District written 25 confirmation that the proposed site plan conceptually meets the minimum access 26 and water supply requirements for fire protection services at this facility. 27 28 The applicant is required to obtain confirmation from the St. Lucie County Fire 29 District that the proposed plan conceptually meets the minimum access and 30 water supply requirements for fire protection services at this facility prior to 31 recording of the final plat. 32 33 E. ADEQUACY OF SCHOOL FACILITIES 34 35 The proposed building or use will be served by adequate school facilities. 36 37 N/A 38 39 F. ENVIRONMENTAL IMPACT 40 41 The Environmental Resource Department submitted following comments: 42 43 Prior to issuance of a SLC Vegetation Removal Permit for this site, a Landscape 44 Plan, complying with current landscape code, must be submitted to the 45 Environmental Resources Department for review and approval. Prior 46 to Certificate of Occupancy of new building at the site, the landscaping must be 47 installed per approved plan and received inspection and sign off from ERD. 48 49 Natural Hazards: 50 Flood Zone X, which is outside the 100 year flood zone, per FEMA Map Panel 51 12111CO16SF. STAFF REPORT DATE: 9,/5/07 Page 4 of 6 Form No. 07-15 APPLICATION NO.: SPMJ - 112006528 PREPARED BY: Aneela Ansar HEARING BODY: BCC HEARING DATE: October 9, 07 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 47 111 50 Soils: (Soil Map attached) The subject property consists primarily of Winder Loamy Sand. Winder Sand: This is poorly drained, nearly level soil in hommocks and along drainage - way. This soil has high potential for dwellings without basements, small commercial buildings, local roads and street, shallow excavations, and sewage lagoon areas. The potential is medium for septic tank absorption fields, play grounds, and trench type sanitary landfills. Water control measures are needed to help overcome excessive wetness. Reference: U.S. Dept. of Agriculture, Soil Conservation Service, "Soil Survey of St. Lucie County Area, Florida", 1980. Historical Buildings: No historical buildings are located onsite. Archeological Sites: Not applicable. TRANSPORTATION IMPACTS Staff has reviewed the impact from the proposed development and has determined that the proposed development is located within the Kings Highway Industrial Park. The Kings Highway Industrial Park is a development that is determined to be vested pursuant to Section 11.09.00. Therefore, staff has provided a Certificate of Capacity Exemption in accordance with Section 5.03.04(A) (2), St. Lucie County Land Development Code. SUMMARY: Initially the site plan application known as Pressure Pro Inc. was submitted back in April 24, 2000 for the construction of 14,160 square foot of building on vacant Lot 1 and 2, Block D of the Kings Highway Industrial Park. The said site plan was approved on May 19, 2000 by CD Order 00-008. The second application, for an addition of 18,800 square foot of building, was received by the Growth Management Department on July 8, 2004 and was administratively withdrawn due to lack of response. The applicant was notified by letter dated May 27, 2005. In the recent application, the petitioner is requesting an addition of 14,730 square foot of space to an existing 21,815 square foot facility for a total of 36,545 square foot of space on 2.81 acres of property located at 7300 Commercial Circle in the Kings Highway Industrial Park. The project is known as Pressure Pro Inc. Since the proposed amendment has exceeded the threshold of a minor site plan, pursuant to Section 11.02.02, and will now be processed as a major site plan. Furthermore, the proposed project does not meet the criteria set forth in Section 11.02.04 (c) for minor adjustments to major site plans. Therefore, it qualifies for Major Adjustment to the Major Site Plan and requires approval from the Board of County Commissioners. Attached is a copy of Draft Resolution 07-140, staff finds this petition meets the standards of review as set forth in Section 11.02.07 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. STAFF REPORT DATE: 9/5/07 Page 5 of 6 Form No. 07-15 APPLICATION NO.: SPMJ - 112006528 PREPARED BY: Aneela Ansar HEARING BODY: BCC HEARING DATE: October 9, 07 I task re,�c-e �a�e DF SI FT repot (6W(&J5 nmAk AACCLO &MVO 5 ofq Jo`1 1 STAFF RECOMMENDATION: 2 Staff recommends approval of the request through the adoption of Resolution No. 07- 3 140, which would grant approval of a Major Adjustment to a Major Site Plan for Pressure 4 Pro Inc. subject to following limiting conditions: 5 6 1. Prior to the construction or any development activity on site, Section 7.07.00 and 7 11.05.07 of the St. Lucie County Land Development Code requires a stormwater 8 permit. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 F 29 30 31 32 33 2. Prior to the construction or any development activity on site, Section 11.05.03 of the St. Lucie County Land Development Code requires a Driveway permit from County Engineer's Office for Commercial Circle. 3. Prior to issuance of a SLC Vegetation Removal Permit for this site, a Landscape Plan, complying with current landscape code, must be submitted to the Environmental Resources Department for review and approval. 4. Prior to issuance of a Certificate of Occupancy for the new building at the site, landscaping must be installed per approved plan and receive inspection and sign off from ERD. Attachments: 1. Location Maps 2. Correspondence Approved by: as 34 cc: File 35 36 PLANNING MANAGER DEPARTMENT OF GROWTH MANAGEMENT STAFF REPORT DATE: 9/5/07 Page 6 of 6 APPLICATION NO.: SPMJ-112006528 HEARING BODY: BCC Form No. 07-15 PREPARED BY: Aneela Ansar HEARING DATE: October 9, 07 I STAFF RECOMMENDATION: 2 Staff recommends approval of the request through the adoption of Resolution No. 07- 3 140, which would grant approval of a Major Adjustment to a Major Site Plan for Pressure 4 Pro Inc. subject to following limiting conditions: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1. Prior to the construction or any development activity on site, Section 7.07.00 and 11.05.07 of the St. Lucie County Land Development Code requires a stormwater permit. 2. Prior to the construction or any development activity on site, Section 11.05.03 of the St. Lucie County Land Development Code requires a Driveway permit from County Engineer's Office for Commercial Circle, 3. Prior to issuance of a SLC Vegetation Removal Permit for this site, a Landscape Plan, complying with current landscape code, must be submitted to the Environmental Resources Department for review and approval. 4. Prior to issuance of a Certificate of Occupancy for the new building at the site, landscaping must be installed per approved plan and receive inspection and sign off from ERD. 22 23 Attachments: 24 25 1. Location Maps 26 27 2. Correspondence 28 29 Approved by: 30 31 32 33 as 34 cc: File 35 36 PLANNING MANAGER DEPARTMENT OF GROWTH MANAGEMENT Form No. 07-15 PREPARED BY: Aneela Ansar HEARING DATE: October 9, 07 STAFF REPORT DATE: 9/5/07 Page 6 of 6 APPLICATION NO.: SPMJ - 112006528 HEARING BODY: BCC 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 STAFF RECOMMENDATION: Staff recommends approval of the request through the adoption of Resolution No. 07- 140, which would grant approval of a Major Adjustment to a Major Site Plan for Pressure Pro Inc. subject to following limiting conditions: 1. Prior to the construction or any development activity on site, Section 7.07.00 and 11.05.07 of the St. Lucie County Land Development Code requires stromwater permit. 2. Prior to the construction or any development activity on site, Section 11.05.03 of the St. Lucie County Land Development Code requires Driveway permit from County Engineer's Office for Commercial Circle. 3. Prior to issuance of a SLC Vegetation Removal Permit for this site, a Landscape Plan, complying with current landscape code, must be submitted to the Environmental Resources Department for review and approval. 4. Prior to Certificate of Occupancy of new building at the site, the landscaping must be installed per approved plan and received inspection and sign off from ERD. Attachments: 1. Location Maps 2. CorresF���'---- Approved by: PLANNING MANAGER DEPARTMENT OF GROWTH MANAGEMENT as cc: File STAFF REPORT DATE: 9i5/07 Page 6 of 6 APPLICATION NO.: SPMJ - 112006528 HEARING BODY: BCC Form No. 07-15 PREPARED BY: Aneela Ansar HEARING DATE: October 9, 07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. 07-140 FILE NO.: SPMj-112006528 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO A MAJOR SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS PRESSURE PRO INC., LOCATED IN THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT, FOR PROPERTY AT 7300 COMMERCIAL CIRCLE IN THE KINGS HIGHWAY INDUSTRIAL PARK, ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: Pressure Pro Inc., presented a petition for a Major Adjustment to a Major Site Plan approval for the project known as Pressure Pro, for an addition of 14,730 square foot of space to an existing 21,815 square foot facility for a total of 36,545 square foot of space on 2.81 acres of property, located in the IL (Industrial, Light) Zoning District, for property at 7300 Commercial Circle in the Kings Highway Industrial Park, St. Lucie County, Florida. 2. The Development Review Committee has reviewed the Major Adjustment for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 3. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety, and general welfare. 4. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 5. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 6. The project site will be served by adequate public facilities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: File No.:SPMJ-112006528 October 09, 2007 Resolution No. 07-140 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 A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Major Adjustment to a Major Site Plan for the project known as Pressure Pro, is hereby approved as depicted on the site plan drawings for the project prepared by Omega Productions, Inc., dated November 6, 2006, last revised on August 31, 2007 and date stamped received by the St. Lucie County Growth Management Director on September 14, 2007, subject to the following conditions: 1. Prior to the construction or any development activity on site, Section 7.07.00 and 11.05.07 of the St. Lucie County Land Development Code requires a stormwater permit. 2. Prior to the construction or any development activity on site, Section 11.05.03 of the St. Lucie County Land Development Code requires a Driveway permit from County Engineer's Office for Commercial Circle. 3. Prior to issuance of a SLC Vegetation Removal Permit for this site, a Landscape Plan, complying with current landscape code, must be submitted to the Environmental Resources Department for review and approval. 4. Prior to issuance of a Certificate of Occupancy for the new building at the site, landscaping must be installed per approved plan and receive inspection and sign off from ERD. B. The property on which this major adjustment to a major site plan approval is being granted is described as follows: LOTS 1, 2, AND 3, BLOCK D, PLAT OF KINGS HIGHWAY INDUSTRIAL PARK, UNIT 1, AS RECORDED IN PLAT BOOK 26, PAGE 16 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID PARCEL CONTAINS 2.81 ACRES, MORE OR LESS. C. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property shall expire on October 09, 2009, unless building permits have been issued or an extension in accordance with Section 11.07.05(F) of the St. Lucie County Land Development Code has been granted. D. The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Pressure Pro Inc, including any successors in interest, shall obtain all necessary permits and authorizations from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. E. The Certificate of Capacity Exemption, a copy of which is attached to this resolution, shall remain valid for the period of Major Site Plan approval. Should the Major Site File No.:SPMJ-112006528 Resolution No. 07-140 October 09, 2007 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 Plan approval granted by this resolution expire, a new Certificate of Capacity Exemption shall be required. F. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. G. The Director of Growth Management shall coordinate the issuance of further site Development Permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. H. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Growth Management Director. A copy of this resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. J. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on -site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to satisfaction of the County before final site construction permits are issued. File No.:SPMJ-112006528 October 09, 2007 Resolution No. 07-140 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 After motion and second, the vote on this resolution was as follows: Chairman Chris Craft XXX Vice -Chairman Joseph E. Smith XXX Commissioner Paula A. Lewis XXX Commissioner Doug Coward XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED this'" day of 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney as G:\Planning\Current Planning\Current\Pianners\Aneela\Pressure Pro MJSP\Board of County Commissioners.doc File No.:SPMJ-112006528 October 09. 2007 Resolution No. 07-140 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 Exhibit A • Vicinity Maps • Site Location Map File No.:SPMJ-112006528 October 09.2007 Resolution No. 07-140 Page 5 0 N N 00 cLO o �i �� E � d O 3 % cu CL IL I a V) f9 __________ —1 1 Md\an i4 �'� �, au*v fir .. ny'snryD P to PMW rc ! m 1 y er m IS y15Z S ame I a PNS osPljtl A 1 pnlE aufl lS Yad P21 sulMuaf � '"auIM13 �; ly i3 eiawyseD y y ,,r�"�f I 0 5� pn18 uwa N Ptl le Ioi el k � j MH N ,W,H sfiuq I ouiiS1'M Oae�.-. c� I � —Pa alaPlwas t6 I gPtl uPlsu`"' i 0.p� JC I" Pb uWs1uPr U g °°n� tea. a xPuwV � o ` ptl pie a19oH � �' W (n d C 1 n O � U I m � h pe68 uu145 g s I e 1 � y Pa aw as �a I I U V U N m TPb BUIMON IeaPl 'S I PiluWNe� I �P. I RPUD VZ-D I A I i 1 ¢ N I U O I �euep -D I I I � I I yU d I I I I I I I I I Apnoo a goyoashp A petition of Pressure Pro Inc for a Major Adjustment to a Major Site Plan approval for the project known as Pressure Pro, for an addition of 14,730 square foot of space to an existing 21,815 square foot facility for a total of 36,545 square foot of space on 2.81 acres of property, located in the IL (Industrial, Light) Zoning District COMMERCIAL CIR Z Y Z CANAL C-25 C & SFFCD ANGLE RD SPMJ 112006528 LegendN MSubject property Map prepared September 14, 2007 A Zoning Pressure Pro Inc III AG-1 IL CO z Y Z CANAL C-25 C & SFFCD PUD I AG-1 I I AG-1 I IL SPMJ 112006528 Legend N fsmrth alarzagement Depart Subject property Map p P p prepared September 14, 2007 1 2 3 4 5 6 7 8 9 to Exhibit "B" 11 12 � Certificate of Capacity 13 14 15 16 17 18 19 20 21 File No.:SPMJ-112006528 October 09, 2007 Resolution No. 07-140 Page 6 s • `l� CERTIFICATE OF CAPACITY EXEMPTION Date 7i5i2007 Certificate No. 4838 2300 Virginia Avenue Ft. Pierce, FL 34982 (772)-462-2822 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 21,815 SF Addition to Pressure Pro (36,545 SF total) Number of units Number of square feet 36,545 2. Property legal description & Tax ID no. 133580100370009;133580100380006;133580100390003 7300 Commercial Circle PRESSURE PRO Kings Highway Industrial Park 3. Approval: Building 4. As part of the development: 5.On property owned by Pressure Pro Inc 7300 Commercial Circle Fort Pierce FL 34951 Resolution No. 07-140 Letter is hereby granted a Certificate of Capacity Exemption according to Chapter 5.02.02 A❑ B❑ C66 D❑ E❑ F❑ G❑ H❑ I❑ J❑ of the St Lucie County Land Development Code. 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. 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 r,,�t. order(s) issued for the same pr p , use ai d size as described herein. 00, ," ':A5,fY�P.c �v Signed Date: 9/13l2007 Growth Management Director: St Lucie County, Florida Apkal i ebz)z) Signed _- ^ Date: 9/13/2007 Concurrency Review by: Thursday, September 13, 2007 Page 1 of 1 GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: Aneela Ansar, Sr. Planner FROM: Andrew Riddle, Planner DATE: July 5, 2007 SUBJECT: Pressure Pro — Major Adjustment After reviewing the above referenced project for concurrency, staff has determined that the project complies with Chapter Five of the Land Development Code, with the following determination: The proposed development is located within the Kings Highway Industrial Park. The Kings Highway Industrial Park is a development that is determined to be vested pursuant to Section 11.09.00. Therefore, staff has provided a Certificate of Capacity Exemption in accordance with Section 5.03.04(A)(2), St. Lucie County Land Development Code. OFFICE USE ONLY: DATE FILED: t & 6 SP NUMBER: � n -�G REVIEW FEE: rya a RECEIPT NO: RESOLUTION NO: CONCURRENCY FEE--: RECEIPT NO: CERT. CAPACITY NO: • ST. LUCIE COUNTY GROWTH MANAGEMENT DEPARTMENT 2300 Virginia Ave Fort Pierce, FL 34982 772-462-2822 APPLICATION FOR MINOR/MAJOR ADJUSTMENT TO A SITE PLAN AND CERTIFICATE OF CAPACITY DIRECTIONS FOR SUBMITTAL Please complete the requested information and submit all items to the St. Lucie County Growth Virginia Avenue, Ft. Pierce, FL 34982. The proper non-refundable aManagement Department 2300 details the information necessary fora submission on fee must accompany all applications. For additional Development Code. For assistance in submitta a site pplicatie plan, please refer to Section 11.02.00, St. Lucie County Land Department, Planning Division. ming the application, please contact the St. Lucie County Growth Management Type of Adjustment (please check one) Type of Site Plan (please check one) Minor Site Plan [ j Major Site Plan { y j Minor Site Plan. [ t✓ Major Site Plan [ ) PUD/PNRD/PMUD [ ) Initial submission shall include the following: Submission of Application 1) One (I) original ofthe completed site plan application. 2) Twenty (20) copies of the site plan graphics. (24 inches by 36 inches sheets) (site plan, landscaping plan, boundary and topographic surveys) showing approved project and proposed adjustment. 3) Five (5) copies of the Transportation Impact Report (if applicable). 4) Five (5) copies of the Environmental Impact Report (if applicable). 5) One (1) copy of the St. Lucie County Property Appraiser Tax Map (Scale 1:200) with property under petition highlighted 6) Two (2) copies of Aerial. Applientiom for Site Plan approval must be completed and tiled with the department before 4:30 PM each business day to meet applicable tiling deadlines. For an application submission to be determined complete, all required materials must be present at the time of submission. NOV 07 2006 Project Information Eflan dress 7�'Soo Gc�.,.��rici4L CIYGIE,{-dZ�plEizLE �I �.g5i Ip� P� 2AJG Property Tax ID # Legal Description (attach extra sheets if necessary) Section Parcel Size Zoning District Description of project Type of Construction (Check all appropriate boxes) 1 . 80 ► • 00 57 • t300 • i 1'735 bq 0038 •ono • b I �36. 80r ac •!,q , pap . y ICIKI ,'*? 1I1AW%&1AV ►Il.)M'1 ;T1�IAL. FArL Lkly I. ouE bl.act: t� Lo"i ! , 2 , 3 ATownship 5 Range 2, �j Square Foot 1 Dbg00 � tL -C a Land Use classification Llt,4it' 1�11UlGdC�VH��1h 'j N 64Poun �u�Ti IJG. ►�v1'�I�1f ��/IV��U �ACT11Y1 AJh PI��VYf CAALerb. I I Residential I I Commercial Number of Residential Total Square Footage Total Square Footage [ ] Please specify �CU?r I laC� , ] 3 p 41?n�T►nAl 21, B 15 COMI!,Nj T : b,5�5 What is the purpose of the proposed adjustment? �p b'�oW CONrYm�iilptil o� Abn� oun t�XitiTiNh MOIL► iLih I X [ Industrial Number and size of outparcels (if applicable) jDate project originally roved 2000 Resolutioa/Order number of original SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELO%j Submission of this application does not constitute the granting of site plan adjustment approval. mot prior to this Project being presented for, approval to the appropriate authori additional inforntation to ensure a complete review of this ro' uciaCoAll appropriate Project. authority. St. Lucie County reserves the right 9uuetnents must be to request ACKNOWLEDGMENTS AppHcant Information (Property Developer) Name: PrfpvUY.F- QYv Address: 7310 (ommerein'. Clr(Lt 61f6rLe Pi 3-1q 51 Phone:8�f 0194q ??L Prop" Owner Information Agent Information ` Name:VIYJM, CIEVC�AIv� C((� Address: 100 j h\ 112,C_ erg Phone: !%Z:y b �•� rp Fax: 77244, D,,A Thi s application will not be considered co t ea esubmission ofthisapplica onforslete without ue• notarized sign" Ofrohove applicant or to act o plan adjustment approval. The pro e nrs of reeo d, which shallan of said poperty owner.p 0N71er s signature belowshall also serge as Pror Signature Mang Address: -1 7iM L h►�►Mt?1'Z lq L PrO�rn' owner Name (Please Print) L Phone: 7__ _-j--4kC) � oigbA STATE OF FLORMA COUNTY OF S7 The finetotng instrument was acknowledgedOFFICE USE ONLY before tine this i �' day of Pmject Reviewer: ;.� --. owhonall known to DRC Review. me or who has produced as identification. Approval Data: Comments: �— afore of Notary J / {' A1Q Ryp� LIC-STArE OF FI0 Judith L. Commis ' DiMa l to — rxi L. �9��r < < Bonaea Expj-`es: Sly#DD.5 0 Type of Print Name of Notary (14Al)Arlano'c Bond 22Co f� /) N°may P°blic Title �----�_ Commission Number OMEGA ARCHITECTURAL PRODUCTIONS, INC. 7-18-2007 To: St. Lucie County Planning Department From: David M. Cleveland Re: Pressure Pro Site Plan Pressure Pro is an existing business that manufactures pressure cleaners at 7300 Commercial Circle, Fort Pierce. The business is located in the King's Highway Industrial Park and was built in 2000. The original site plan represents approximately 15,000 square feet and was approved as a minor site plan. The proposed expansion of the building adds another 21,000 square feet and clearly takes our minor site plan and turns it into a major site plan. We were asked originally to file the paperwork as a major site plan adjustment to an existing minor site plan. We have been informed that the original request was not proper and now have been ask to request a major site plan adjustment to a major site plan. Please consider this our formal request for Pressure Pro to be considered a major adjustment to a major site plan. 100 AVE A, SUITE 2E FORT PIERCE, FLORIDA 34950 772-464-2010 Fax 772-464-0344 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 V1- CD-00-008 F8a tie.: IWW4e-014 AN ORDER GRANTING SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS PRESSURE PRO, INC. WHEREAS, the SL Lucia County Community Development Direclor has reviewed the application for site plan approval suWditd Mosby & Associates, Inc. and the cmnw to of the St. Lucie County Devabpmatd Commmee on this application and made the following detamtln 1. A 14.100 square foot warehouse protect to be Pressure Pro, Inc. has beenww;j far a 2 parcel Oflocated Park on Lots 1 and 2. Siock D of the 2. The Development Review the site plan for the proposed project and meet minimum lechnical requtremanis of the Land to be consistent with tie St. Lucie County Cornpre 3. A Transportation Imp sport r raga for this project. 4. The proje consistent the general purpose, goals. proposed objectives, and sta s of the SL County Comprehensive Plan and the St. Lucie Land Code. 5. The will not have an undue adverse effect on adjacent the of the neighborhood, traffic conditions, rkir�, uti7tiy 'tides, or other matters affecting the public and welfare. 6. AN taken to minimim any adverse effect of the proposed on the krrnediate vicinity, through budding design, site design. landscaping, and scmentng. 7. The proposed projed wilt be constructed, arranged. and operated so as not to I tedere with the develgxnent and use of neighboring property, in accordance with applicable district regulations. FM No.: MNSP-OD-0% May 19, 2000 CD ddar 00-M Pa0o 1 I 2 3 4 5 6 7 6 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 8. The proposed project is ID be served by adequate public fadites and services. 9. The applicant has applied for and received a cerdllade of capacity, a copy of which is attached to this order as Exhibit A. as required under Chapter V, St Lucie County Lowl Development Code. NOW, THEREFORE, M IT ORDERED: A. Pursuant to Section 11.02.03(AXS) of the St. Lucie County Land Development Code, the site plan for the to be known so Pressure Pro, Mc.. is hereby approved so shown sits plan drawings far the project prepared by Mosby d, Associates, Inc. Apra 24, 2000, and date stamped received by the St. my Cornnunigr Development Direolm on April 24, 2000. as fdkrm LOTS i AND 2, BLOCK D, MOB Ham, PASIK uWr Olm ACC0RON0 TO TILE PLAT THt21EOF, AS PLAT BOOU 29, PAM 7a AND Wk OF THE PUBLIC RECORDS OF LUCE . RANWA. (TAX �IA's:1�7a-M4DWT-0OMMmmld 1 CONTANDIO 2.11 ACRES, NOW OR jLouaon: of the KbW H W-W and Con n B. The approvals and autho n9 granted Revolution for the purpose of oblakukg budding pwft this Pro expire on May 19, 2002, unless the developer has pemuity for the acts plan described in Part A or an has granted in accordance with Section 11.02.06, St. � pmentCodo. C. The Final Sine approval grarAmdunder this revolution is specirceNy conditioned to requkemeM Dim the petltioner. Pressure Pro, Inc., induolng any in obtain all necessary development pemhits and from the appropriate State and Federal regulatory but not Iknited lo; the South Florida Water Man�emwt to the issuance of any local building pars is of autlorizalloru to corrsnence developnerd activities on the properly described in Part A. D. A copy of this resolution shad be attached to the ails plan drawings described in Part A, which plan shad be placed on fib with the St. Lucie County Convnundy Oavelopment Director. Fib No.: MnSP-00-014 May 19.2000 CD Ordw 00-000 Pare 2 St Lucie County Certificate of Capacity --- — — — - - cwtmcdo No. dolls The documwd OWNGs that coneumncy will be and end Chet admuds publicfloo ty cgmk exhb to malntoln ow sbndrds for ovals of ewvloa as adopad St wee County Cmnpmhwd ve Plan for: 1. Typa of davNWunsnt mnm SfrE PLAN PRESSURE PR Numbw of units Numbw of square fsst 14160 2. Property ISO d@wf4* m & Tax ID no. 1335-S0l-W74W9do1335-301.0039.ODW6 NWCOR Dr 4COMMERCIAL CIR 3. ApPWW: /. Subject to I OF r_1 Ownw o name Addr>s E. CertlOCab 1 This CwtNeate of CapaWty subse4uwrt o�wnsm of the sanw parcel, and a subject to faRN ta2h��, ditlns and expkagon dab Ilsisd hwein The wgrkAM date care nded same bans and oondlUoas as the ocab. or far subsequwR dewlopmsrd� the use and sirs as dowAbsd heroln. Sias.a �' "4 Date:5,23,00 Communky DwNopmsnt Dksebr St Luce County. Fbrlda Tasdty, Noy A 21104 BOARD OF COUNTY COMMISSIONERS May 27, 2005 GROWTH COUNTY MANAGEMENT Mr. David Cleveland Omega Architectural Productions, Inc. 100 Avenue A, Suite 2E Fort Pierce, Florida 34950 Subject: Pressure Pro — Major Adjustment to a Minor Site Plan Dear Mr. Cleveland: As of this date we have not received an official resubmittal or intent to re -submit for the above referenced project as required by Section 11.02.04(A)(4) of the St. Lucie County Land Development Code within 120 days of our last comment letter — August 24, 2004. Please note that since this office has not received a response to this request by this deadline, the application is considered to be administratively withdrawn with the forfeiture of all fees paid to date. Please contact me at 772/462-1582 if you have any questions. Sincerely, 1J,5, I '4� Hank Flores, AICP Development Review Planner III hf cc: File JOSEPH E. SMITH, District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS. District No. J - FRANNIE HUTCHINSON, District No. 4 • CHRIS CRAFT, District No. 5 County Adminlsrraror - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 - Planning: (772) 462-2822 • GI5/iechnicol Services: (772) 462-1553 Economic Development: (772) 462-1550 • Fax: (772) 462-1581 Tourist Development: (772) 462-1529 • Fox: (772) 462-2132 www.co.sr-lucie.fi.us Pressure Pro Inc. Legal Description LOTS 1, 2, AND 3, BLOCK D, PLAT OF KINGS HIGHWAY INDUSTRIAL PARK, UNIT 1, AS RECORDED IN PLAT BOOK 26, PAGE 16 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Commission Review: October 09, 2007 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Director Growth Management Kristin Tetsworth, Planning Manager FROM: Aneela Ansar, Sr. Planner cA-g�- DATE: October 2, 2007 SUBJECT: Correction of square footage of existing and proposed building coverage of a Site Plan "Pressure Pro Inc.", for a Major Adjustment to a Major Site Plan approval for the project known as Pressure Pro (File No. SPMJ - 112006528) Please note that numbers regarding square footage of existing and proposed coverage in the original staff report and resolution were accidentally inverted. The Staff Report, Resolution, and Agenda Request, will be corrected wherever necessary. • Original Statement "...addition of 14,730 square foot of space to an existing 21,815 square foot facility for a total of 36,545 square foot of space on 2.81 acres of property" • Correct Statement "...addition of 21,815 square foot of space to an existing 14,730 square foot facility for a total of 36,545 square foot of space on 2.81 acres of property". Please let me know if you have any questions. SUBMIT ED: Mark Satferlee, AICP Director Growth Management Department cc: File AGENDA REQUEST ITEM NO. RA-1 DATE: 10/9/07 REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to reject all bids received from Invitation to Bid (ITB) #07-099, Construction of the Administration Building Chiller Plant and re -bid the project. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 26, 2007 agenda item C11-C; reject all bids from ITB 07-050, re -bid the project and sole source Siemens equipment (purchased independently of the bid) for the Administration Chiller Plant. RECOMMENDATION: Staff recommends that the Board uphold staff's determination to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant and re -bid the project as a unit price bid. COMMISSION ACTION: (� APPROVED () DENIED () OTHER Approved 5-0 County Attorney (X) rpo+n pro+ Engineering ( ) Coordination/Signatures Mgmt & Budget ( ) Other CONCURRENCE: Z Douglas . Anderson County Administrator Purchasing (X) ;il�� Finance (� for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: October 2, 2007 RE: Board approval to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant and re -bid the project. Background: On July 29, 2007 ITB # 07-099 was re -issued. This ITB opened on September 5, 2007. Two bids were submitted to St. Lucie County; Siemens Building Technologies, and Air Mechanical and Services Corporation, AMSCO. The bid results are as follows: Siemens Building Technologies $4,220,274.00 AMSCO $4,128,012.00 AMSCO's bid was lower by $92,262.00 On September 7, 2007, Siemens notified Purchasing via facsimile (attached, Exhibit #1) that they intended to reserve the right to protest in the future. On September 6 and September 7, Siemens made a Public Records Request (Exhibits 2+3) for AMSCO's bid submittal. An acknowledgement regarding cost (Exhibit #4) was faxed to Siemens on September 7, 2007. This item was picked up on September 10, 2007. An additional Public Records request was made and picked up on September 28, 2007. On September 10, 2007, Siemens faxed a notice (Exhibit #5) to Purchasing putting Purchasing on notice that Siemens intended to file a written protest within ten days. On September 20, 2007, Purchasing issued an "Intent to Award Letter" to AMSCO and Siemens notifying each firm that Purchasing was recommending that AMSCO be awarded this project. (Exhibit #6) Shortly afterward, Siemens notified Purchasing via facsimile (Exhibit #7) that Siemens intended to file a formal protest the following day. On September 21, 2007, Siemens filed a formal protest (Exhibit #8). Purchasing responded to the formal protest Exhibit #9) and re -issued a copy of the County Protest Policy. On September 26, 2007 after discussions, Purchasing issued a letter (Exhibit #10) rejecting all bids with the intention to re -bid the project. On September 27, 2007, AMSCO then filed a formal protest (Exhibit #11), via facsimile and telephone, which Purchasing acknowledged by faxing a copy of the protest policy to AMSCO. On September 28, 2007, Purchasing, after discussions with the County Attorney, County Administrator, and Central Services staff issued a letter (Exhibit #12) to AMSCO denying their protest. AMSCO then filed a request for Administrative review with the BOCC (Exhibit #13). Siemens basis for their protest is that AMSCO did not complete the bid line item prices as instructed. Instead of listing the cost for each item, AMSCO simply used an average based upon the bottom line price to fill in the blanks. AMSCO's basis for their protest is that the line item lump sum quantities are informational, and do not have any impact on the lump sum award. The bid documents stated that although the award was based upon a lump sum cost, the line item costs were for informational purposes. The information referred to is the basis for change orders and monthly payments should questions arise, as questions will surface in construction projects. Although the line items are lump sum, staff and consultant can still use them as a basis to negotiate change orders, additional purchases, deductions, etc. After discussions, staff cannot recommend awarding to the low bidder due to not completing the bid documents. Staff also believes that it would be in the best interest of the County to rebid the project as a unit price bid rather than a lump sum bid. Therefore, staff recommends rejecting all bids and re -bidding the project. The County's consultant, Sims Wilkerson Cartier Engineering, Inc., supports the staff recommendation. Recommendation: Staff recommends that the Board uphold staff's determination to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant and re -bid the project as a unit price bid. EXHIBIT 1 SIEMENS Fax To: Neil Appel From: Brad Ayres Purchasing Office Phone: ^772 419-2824 Fax: (772)462-1704 Fax: (772) 223-7130 Phone: E-Mail: bradley.myres@sio ritns.com Date: 09/07/07 Pages to follow: Cover Only Message: SUBJECT: Bid Forms Copy Request Bid #07.099 Mr. Appel, We are in receipt of your fax sent on 4:42 PM dated 09/07/07. We respectfully reserve the right to protest this bid until 72 hours after we have been notified that copies are available for Siemens to review. Thanks. Siemens Building Technologies, Inc. 2969 SW 42nd Avenue Tel: (772) 223-8222 Paim City, FL 34990 Fax: (772) 223-7130 may EXHIBIT 2 SIEMENS Fax To: Purchasing Office Fax: (772)462-1704 Phone: Date: 09/06/07 Message: From: Brad Ayres Phone: (772) 419-2824 Fax: (772) 223-7130 E-Mail: bradley.ayres@siemens.com Pages to follow: Cover Only SUBJECT: Bid Forms Copy Request Bid #07-099 Can you please send us copies of all submitted bid forms from Air Mechanical for Bid 407- 099 Construction of Administration Building Chiller Plant? We understand this excludes the financial statement. We would like to get the copies by 2:00 pm on Thursday, September 6m. Please fax to 772-223-7130, or call if we need to pick-up in person at 772-419-2824. Can you also please confirm on the return fax that per Florida State Statute, we have up to 72 hours to notify the County of any intention to protest the bid? Thanks. BrA Ayres IW (_� 11�jw Siemens Building Technologies, Inc. 2969 SW 42"0 Avenue Palm City, FL 34990 Tel: (772) 223-8222 Fax, (772) 223-7130 J i LI'lll - ---- I LVI 1 EXHIBIT 3 _ SIEMENS Fax To: Purchasing Office Fax: Z 1462-1704 Phone: Deis: n9l06� Message: d From: Brad Ayres Phone: (772) 419-2824 Fax: (772) 223-7130 E-Mail: . bradla Wires a@siemens.com Pages to follow: Cover Only SUBJECT: Bid Forms Copy Request Bid #07-099 Can you please send us copies of all submitted bid forms from Air Mechanical for Bid #07- 099 Construction of Administration Building Chiller Plant? We understand this excludes the financial statement. We would like to get the copies by 2:00 pm on Thursday, September 6 h. Please fax to 772-223-7130, or call if we need to pick-up in person at 772419-2824. Can you also please confirm on the return fax that per Florida State Statute, we have up to 72 hours to notify the County of any intention to protest the bid? Thanks. BrA Ayres lwav Siemens Building Technologies, Inc. 2969 SW 42nd Avenue Tel: (772) 223-8222 Palm City, FL 34990 Fax: (772) 223-7130 EXHIBIT 4 Board of County Commissioners FACSIMILE TRANSMITTAL SHEET TO: FROM: Brad Ayres Neil Appel Purchasing Department Neil Appel, C.P.M. Director PH (772) 462-1700 FX (772) 462-1704 COMPANY: DATE: Siemens 9/7/2007 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: (772) 223-7130 1 PHONE NUMBER: RE: (772) 223-8222 ITS #07-099 UU: S. Morando ❑ URGENT X FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: Ms. Morando will contact you with the cost of the documents and when you can pick them up. Neil Appel, C.P.M. Purchasing Director St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FI., 34982-5652 Ph (772) 462-1700 Fax (772) 462-1704 Appeln@stiucieco.gov JOSEPH 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, rL 34982-5652 - (772)-462-1700 - FAX (772) 462-1294 EXHIBIT 4 , 1 Communlcatlon Result Report ( Sep. 7, 2007 4:42PM ) % 1) ST.LUCIE COUNTY PURCHASING 2) Date/Time: Sep. 7, 2007 4:42PM File Page No. Mode Destination Pg(s) Result Not Sent -- ----------------------------------------------------------------------------------------- 4687 Memory TX 817722237130 F. 1 OK �Jj v 5F„ <a .1 ---------------------------------------------------------------------------------------------- Reason for error E. 1) Hans up or 1 i ne f a i 1 E. 2) Busy E. 3) N o a n s w e r E. 4) N o f a c s i m i l e c o n n e c t i o n E. 5) E x c e e d e d max. E— m a i l s z e Board of County Purchasing Department Commissioners • Nell Appel, C.P.M. Dineror PH (772) 492-170D FX(772)462-1704 FACSIMILE 7RANSM.TTAL S—ET D: few: Bled Ayrefi tiel App., coLsi.. D1TE: Siam ms 87ffEtp7 w XYMMR: TOT11LxD. eF...IXCLWIRD CDVEi: r772)223.7130 1 PNDXE I WU- RE: (772)223=2 IT0007-099 S. moraneo QUROENT XFORREVIEW ❑PLEASECOMAENT ❑PLFASEREPLY ❑PLEASSRECYCLE NOTEaCDMiNT9: Ms. Morando wig Contact you With the cost of the doeumerrte and when you can pick them up. US Nell Appel, C.P.M. Purchasing Director SI. Lucia Counly Board of Courtly Commissioners 23DO %irghe Avenue FL Pierce, FI., 3498&5652 Ph (772)48 -170D Fax(772)462.1704 Appaln@a0ucieco.goy l�fPN E.6YrrN, MVYM Xp t • UW OONMM.dWIINn E MIIIAA IEMY4 U—Nv.6 —MLIf aWNDE.pWO XG 1-6M16 Pnuna ptlonniµalw. DRupW MMXMXM LUiVfXAXvArmuv • fml nm. R MMMl6!• DMA-1Tp4' fAx P(-0N?1iM SIEMENS Fax To: Neil Apoel Purchasing Office Fax: 462- 4 Phone: Date; 09/10/07 SUBJECT: Bid #07-099 Protest Mr. Appel, EXHIBIT5 From: Brad pyres Phone: A7727) 419-2824 Fax: L7 !72j 223-7130 E-Mail 'bradley.a res@siennens.com Pages to follow: Cover Onl This fax serves as notice of Siemens Building Technologies, Inc. intent to file a formal Protest of the Bid #07-099, Construction of Administration Chiller Plant. We will submit our formal written Protest within 10 days. Thanks. Brad Ayres T aG 0 Movtl Siemens Building Technologies, Inc. 2969 SW 42m Avenue Palm City, FL 34990 Tel: (772) 223-8222 Fax: (772) 223-7130 EXHIBIT 6 BOARD OF COUNTY COMMISSIONERS September 20, 2007 Attention: PURCHASING DEPARTMENT Neil Appel, C.P.M. Purchasing Director FACSIMILE TRANSMISSION NO HARD COPY TO FOLLOW AMSCO (Air Mechanical & Services Corp.) Fax: Fax: (407) 699-0690 Siemens Building Technologies, Inc. Fax: Fax: (772) 223-7130 Re: Intent to Award Bid #07-099 —CONSTRUCTION OF ADMISTRATION BUILDING CHILLER PLANT To all interested bidders: At the Board Meeting of October 02, 2007 based on Staff recommendation, the Purchasing Department will request the following action by the Board of County Commissioners regarding the above referenced Bid: Action: Purchasing will request permission to: Award Bid #07-099, Construction of Administration Building Chiller Plant to the lowest responsive and responsible bidder, AMSCO (Air Mechanical & Services, in the amount of $4,128,012.00. The Board of County Commissioners meetings are held on Tuesday. Please refer to the County website at www.co.st-lucie.fl.us for meeting information. Failure to file a written protest of this action, in accordance with Section 7.7 of the St. Lucie County Purchasing Manual, shall constitute a waiver of the right to protest the award. Please refer to the County website at www.co.st-lucie.fl.us. Sincerely, Neil Appel, C.P.M. Purchasing Director JOSEPH 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 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 �L UJ' LUI LUU! yU. Jl SIEMENS Fax To. Neil Appel Purchasing Office Fax: [772) 462-1704 Phone: Data: 09/20107 Message: SUBJECT: Bid #07.099 Protest Mr. Appel, J 1L1'IL L _ 1 I EXHIBIT 7 From: Brad Ayres Phone: (772) 419-2824 Fax: _(772) 223-7130 -- E-Mail: bradley.ayresftsiemens.com Pages to follow: Cover Only We received notice of your intent to award at 11:14 AM, Thursday, September 20, 2007. This fax serves as notice of Siemens Building Technologies, Inc. intent to file a formal protest of this action. We will submit our formal written protest with justification on Friday, September21, 2007. Thanks. Brad Ayres (� Siemens Building Technologies, Inc. 2959 SW 42"d Avenue Tel: (772) 223-8222 Palm City, FL 34990 Fax: (772) 223-7130 VJI L1l LVU1 1V. J1 IILLLJf1JV 4 j f F SIEMENS Fax To: Neil Appel Purchasing Office Fax: 772 462-1704 Phone: (772) 462-1700 Date: 09/21107 Messa e: SUBJECT: Bid #07-099 Protest Mr. Appel, Attached is our formal written protest. Thanks. Brad Ayres Siemens Building Technologies, Inc. J 1LI'ILIVJ ULUI� IGl+rl EXHIBIT 8 From: Brad Ayres Phone: (772) 419.2824 Fax: _(772) 223-7130 E-Mail: bradie .ayres siemens.com Pages to follow: 3 2969 SW 42"6Avenue Tel- (772) 223-8222 Palm City, FI- 34990 Fax: (772) 223-7130 SIEMENS September 21, 2007 St. Lucie County Purchasing Department 2300 Virginia Avenue Room 228 Ft. Pierce, FL 34982 -D.Lr IVS t7LLU I tL,Y7 1-'HUt t7Zf F�4 EXHIBIT 8 Legal Department AR'n: Mr. Neil Appel, Director Re: Formal Written Protest for the Construction of Administration Building Chiller Plant (Bid #07-099) Dcar Mr. Appel: I write on behalf of Siemens Building Technologies, Inc. On September 20, 2007, St. Lucie County ("County") issued Notice of its Intent to Award Bid #07-099 — Construction of Administration Building Chiller Plant to Air Mechanical Services. As the lowest responsible bidder with a responsive bid, SBT believes it would be unlawfully aggrieved by the award of, a contract to Air Mechanical and Service Company ("AMS"), Although the County asserts in its Notice that AMS was the "lowest responsive and responsible bidder," SBT respectfully suggests that even 6hc most cursory review of the AMS Bid discloses that it is not at all "responsive." The County directed bidders to provide prices for specific line items correlating to components of work. Instead of providing the County with its price for each such line item, AMS chose to mock the procurement process by using the exact same figure, $259,858, for each of the first fourteen line items in its Bid. In so doing, AMS submitted a bid that was not materially responsive. As a matter of law, the County must rej ect the AMS bid as non -responsive, and award the Contract to SBT, the lowest responsible bidder with a responsive bid. AMS's bid is "mathematically unbalanced," meaning each line item in the bid does not reflect AMS's actual costs associated with each item. See M N—i t Co struction Coo. v. Department o£ Defense, 85 F.3d 565, 567 (CA 11 1996). Under those circumstances, the bid is "non -responsive" and "must be rejected". Id. It is manifest that AMS's bid does not reflect its "actual" figures. By way of just one example, AMS claims that site development will cost $259,858, while SBT's bid for the same line item is just $103,995. Similarly, SBT submitted a bid of $14,548 for Chilled Water tie in for the Administration Building, while AMS once again submitted its same $259,858. No serious person would suggest that AMS's costs for this work would be 17 times greater than SBT's, The door swings the other way, too, whicb only emphasizes that. AMS's figures are not valid. SBT submitted a price of approximately S1,.3 million for mechanical systems in the chiller plant, while AMS submitted its same $259,858. 5iamens BUIldingTochnologles, Inc. 1000 Drerfleld Parkwoy Tel: (847) Z15-1000 Buffal*Srove,IL60009 Fax! (847) 941-Wo V J/ L11 Luu 1 lU. Jl f ! LLL.] I l:JU EXHIBIT 8 SIEMENS Mr. Neil Appel September 21, 2007 Pago Two of Three Legal Department AMS's failure to base its bid on actual Costs result's in prejudice to the County. The Court discusses just one aspect Of that prejudice in tic Mc, Night case cited above. The Court's reasoning applies with equal force here. "...a bidder could potentially manipulate bidding process by intentionally fxont-loading a bid, and in the event the 'crror' went unnoticed, collect extremely large advance payments. Advance payments are disfavored because a bidder that receives early payments gains an unfair advantage over other bidders through tho use of interest -free money. Tn addition, because later work is undervalued, there is a reduced incentive to complete the work." 85 F.3d at 568. Those principles surely apply here. Presvtnably one of the first tasks in executing this project would be site work. As reflected in S137 s bid, the proper figure for that work should be around S100,000. Yet according to AMS's bid, it should be paid some $260,000 for just $100,000 of work. AMS is seeking an interest -free advance from the County. As a corollary to the above, it should be noted that the County cannot create a useful "schedule of values" based on the AMS bid, in order to calibrate payments to correspond to work progress• Since AMS's bid figures do not correspond to the value of work described in each line ifem, any S.O.V, based on those figures would be no less arbitrary than AMS's bid. Additionally, by failing to set forth its "actual" costs, AMS prejudices the Coun y's ability to meaningfully reduce the scope of work. For example, the mechanical systems for the chiller plant cost about SU million, per SBT's bid. Using HMS's numbers, deducting that aspect of work would save the County only $260,000. It is evident that the AMS bid is "mathematically and materially unbalanced; such a bid must be rejected." McNi ht, 85 F.3d at 567. While the McNight decision is based on Federal law rather than Florida law, the rationale employed is sound and supports the same principles that motivate Florida law on this point. Both the Federal and Florida systems have the goal of promoting fair competition in procurement so that the government may obtain the best price from qualified bidders. To accept the AMS bid under these circumstances would undermine these principles and ultimately harm the taxpayers of St. Lucie County. The AMS bid is materially non -responsive. It must be rejected. This would leave SBT as the lowest responsible bidder with a responsive bid. LUU( 1 V . it lfLLLA/lOU J1CI�ItIYS DL1JU I r-Ur7 r kut u4/ U,4 EXHIBIT 8 SIEMENS Mr. Neil Appel September 21, 2007 Page Three of Three Legal Department Sl3T reserves all rights and remedies in this matter. SBT respectfully requests a formal written response to our protest. Should you like to discuss this further, please do not hesitate to contact me. Very truly yours Ste"'-'ven . Shamasba Counsel Siemens Corporation Direct. Phone: 847-941-5310 Direct Fax: 866-384-2157 E-Mail: Steven, Sh�hr&,siemens.com C: Mr. Bradley Ayres EXHIBIT 9 _ Board of County Commissioners Purchasing Department Neil Appel, C.P.M. Director PH (772) 462-1700 FX (772) 462-1704 FACSIMILE TRANSMITTAL SHEET TO: MR. BRAD AYRES FROM: NEIL APPEL COMPANY: SIEMENS BUILDING DATE: TECHNOLOGIES, INC 9/21 /2007 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: (772)223-7130 2 PHONE NUMBER: RE: NOTICE OF PROTEST BID #07-099 (772) 223-8222 9/21/2007 CC: ❑ URGENT X FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: St. Lucie County has received the facsimile copy of your formal written protest. The protest is in review at this time, and you will be notified of the County's decision. I am also attaching a copy of the County Right to Protest Policy for your information. Should you have any questions, please call me at the above listed telephone number. Yours truly, Neil Appel, C.P.M. Purchasing Director JOSEPH 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 34982-5652 • (772)-462-1700 • FAX (772) 462-1294 2007 Purchasing Policies and Procedures of St. Lucie County EXHIBIT 9 7.7 RESOLUTION OF SOLICITATION AND PROPOSED AWARD PROTESTS a. RIGHT TO PROTEST: Any actual or prospective bidder or offeror who believes he is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Director. The protest shall be submitted in writing within twenty-four (24) hours after such aggrieved person knows or should have known the facts giving rise to the alleged grievance. b. RESOLUTION OF PROTESTS: I. The Purchasing Director shall consult with the County Attorney concerning any protest involving the solicitation or prospective award of a contract bid. Following consultation with the County Attorney, the Purchasing Director shall attempt to resolve the protest. 2. If the protest is not resolved by mutual agreement between the protesting vendor and the Purchasing Director, the Purchasing Director shall consult with the County Administrator and the County Attorney and issue a final written decision on the protest. Copies of the written decision will be mailed to the protesting vendor and any other vendor requesting a copy. Copies shall also be distributed to the County Administrator and the Department Head. The written decision shall: (a) State the reasons for the decision. (b) Inform the protesting vendor of his right to administrative review. C. DISTRIBUTION: A copy of this decision shall be mailed or otherwise furnished immediately to the protesting bidder and any other party intervening. d. STAY OF PROCUREMENT DURING PROTESTS: In the event of a timely protest, the County shall not proceed further with the solicitation or award of the contract pending resolution of the protest by the Purchasing Director, issuance of a written decision by the Purchasing Director as provided above, or determination by the Board of County Commissioners that award of the contract must be made without further delay in order to protect the substantial interests of the County. G_LLET ERSW,otest�Pmtost Pmcedo 07.7 Rowimion of Soliwatioo.,d Proposed A—M P.Wsts.tloc EXHIBIT 9 P. • 1 x m Communication Result Report ( Sep,21. 2007 2:31PM) T 1) ST.LUCIE COUNTY PURCHASING 2) Date/Time. Sep,21. 2007 2:30PY File Page No. Mode Destination Pg(s) Result Not Sent -------------------------------------------------------------- ------------------------------------- 5062 Memory TX 817722237130 P, 2 OK -------------------------------------------------------------------------------------------------- Reason for error E ?) Hang uP or line fail E.2) Busy E. 3) No answer E.4) No fats lmi le connection E. 7) Exceeded max. E— et i 1 size Board of County Purchasing Department Commissioners • Well Appel, C.P.M. OIMClor PH (772) 462+1766 FX (772) 4621704 FACSIMILE TRANSMITTAL SHEET TO: MR. BRAD AYRES FROM: NEIL APPEL COMPANY: SIEMENS BUILDING DATE: TECHNOLOGIES, INC 9212DD7 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: (R2) 2 "'. 2 PHONE NUMBER: RE: NOTICE OF PROTEST BID 0117-099 (772)22"229 92120Dr CC: ❑ URGENT XFDR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE ' aOTELC0ML1E1R9: SL Iuae Coony ho teceivedthetaaimile mpyofyaufo®o]mritren yAvtmt. The PuaMivio sevmw at tide time, and 7-11 be nntifiedof the C—a sdemon Imsnlsoatl-�'D>pyofthe Cooney Rigbtn PmsEIR PoTey br yoRLinfo®etiun Should you 6aveae➢questions, please atllme esthe above listed telepbaoe evenba. JWFPA E M+nN.IAM1tf xa. t -owe Iwvano.awaxe. s � IwuwAuvne, la.eW lw. a � cxAmmaaAxo� oaa xa+� clwu CpuT, fbNtl M46 Cwilp� MminiMmlw - Dvaplee M. Ansvaon v00 YMa�M+Awnw • Fnrt nnw, R ]Ne)BRO.O]S1Ma1T0G • fAt pIAMt-1 � EXHIBIT 9 P, 1 Communication Result Report ( Sep.21, 2007 1:22PM ) * * x 1) ST.LUCIE COUNTY PURCHASING Date/Time; Sep.21. 2007 1:21PM File No, Mode — Destination Page Pg{s) Result Not Sent ------------ 5056 Memory TX 817722237130 P. 2 OK ------------------------ ----------------------------------------------- Reason for error E.I) Hang up or line fail E.3) No answer E. 5) Exceeded M. E—mai size Board of County Commissioners --------------------------------- E. Q) 6u sy E.4) No facsimile connection Purchasing Department Nell APPN, C.P.M. Di..W PH (772) 492.1700 FX i772) U24704 FACSIMILE TRANSMITTAL SHEET TO: MR- BRAG AYRES FROM: NEIL APPEL COMPANY: BUILDING DATE; GSIEMENS TECHNOLOIES, INC 9,21rl007 FAX NUMBER: (772)723.7130 TOTAL NO. OF PAGES INCLUDING COVER. 2 PHONE NUMBER: 223.8722 RE NOTICE OF PROTEST BID R07-099 (T72) 6212707 CC: ❑ URGENT X FOR REVIEW ❑ PLEASE CONNENT ❑ PLEASE REPLY O PLEASE RECYCLE xmTEflEnw![xT¢: St Lme C—Fh. mmvcd thef d-k mTy Or— f=Awmitten Peach- Thep —tam awiew Ac &6 mae mndyoc will lx notified of d- C—,,'B dtci.- I mldeo emdullga m�• of dx C--y %Rlu m F—n Policy f.,7mxeiGfaaatoa Shonld Tao have a of 4"amG4PJ+ o➢me tt theahovc Sstal telephone R GLen Yaw t,*. Ned App4 C.P ({ PutdlssiaRDimxmc JOSEPH E aAITa mMq xa! Onus cm1W11n mRM xn.4PAmgA. {RyS, onhHNp I-LRLpLFB cRMim:. WH4 n> �. R. taan, m.ulaxas COunyAmNNWMOr-OmmW M Ananwn )ae NWixhvn�u. renmxq FLaYla2ela •Plp�e0.lAo. FAY me) �eataw EXHIBIT 10 September 26, 2007 Attention: L FACSIMILE TRANSMISSION PURCHASING DEPARTMENT Neil Appel, C.P.M. Purchasing Director NO HARD COPY TO FOLLOW AMSCO (Air Mechanical & Services Corp.) Fax: Fax: (407) 699-0690 Siemens Building Technologies, Inc. Fax: Fax: (772) 223-7130 Re: INTENT TO REJECT ALL BIDS INVITATION TO BID (ITB) ##07-099 — CONSTRUCTION OF THE ADMISTRATION BUILDING CHILLER PLANT To all interested bidders: At the Board Meeting of October 02, 2007 based on Staff recommendation, the Purchasing Department will request the following action by the Board of County Commissioners regarding the above referenced Bid: Action: Purchasing will request permission to: Reject all Bids for ITB #07-099, Construction of Administration Building Chiller Plant and re -bid the project. The Board of County Commissioners meetings are held on Tuesday. Please refer to the County website at www.co.st-lucie.fl.us for meeting information. Failure to file a written protest of this action, in accordance with Section 7.7 of the St. Lucie County Purchasing Manual, shall constitute a waiver of the right to protest the award. Please refer to the County website at www.co.st-lucie.fl.us. Sincerely, Neil Appel, C.P.M. Purchasing Director JOSEPH 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 EXHIBIT 11 ANSCO Air, Mechanical & Service Corporation. 325 Anchor Rd. Casselberry, FL 32707 407-699-0454,Fax 407-699-0690 Email: bstcwartna,amsco-ac.com. FAX COVER DATE. 09/26/2007 LT0: I St. Lucie County Pnrchaeinv i?aor 1. RE: I Bid #07-99 — Con-atruction Of Admin We Chiller Plant Please find, attached our protest letter in reference to the intent to reject all bids dated and received 9/26/071 will send a hard copy via mail. Bill Stewart PAGES Cover EXHIBIT 11 A b"q 0 W AIR MECHANICAL rx SI.RVICE WHIR, September 26, 2007 St. Lucie County, F1 Purchasing Department 2300 Virginia Avenue Port Pierce, F134982 Attn: Neil Appel Ref: Bid 407-099 -- Construction of the Administration Building Chiller Plant Neil, Air. Mechanical & Service Corp received your intent toreject all bids dated September 26, 2007 for the above referenced project 6 days after receiving .Intent to award for the above referenced project to our company dated September 20, 2007 (Attachment #1) for reasons stated per our telephone conversation that our breakdown was unbalanced and was protested by Siemens Building Technologies, Inc. The official bid form on. page (#12) states this bid will be awa.Tded lump sum basis; line items are for informational purposes only. Line items mast total the lump suns bid price. Please see (Attachment #2) pages (#11), (#12) of Air Mechanical & Service Corp submitted bid form all items are filled in and total's the lump sum price. (Attachment #3) Addendum #3 - Q2 the contractor asked about the break down and how difficult it is to give accurate information at bid time due to the fact pricing is being received minutes prior to bid time and the county's response was ('Phis bid will be awarded lump sulfa bid price, Line items are for informational purposes only. Line Items must total lump sum. price.) Once under contract Aar Mechanical & Service Corp will provide St. Lucie County purchasing with a breakdown that reflects our estimate for billing and change orders. Air Mechanical & Service Corp is exercising our 24 hour protest right per 7.7 Resolution of Solicitation and Pro used Award Protests paragraph (A.) - Right to Protest. I have notified our company attorney and. have forwarded this letter with the enclosed attachments. Bill Stewart Sales /Estimating 325 Anchor Road 4311 W. Ida Street 2700 Avenue of the Americas Casselberry, Florida 32707 Tampa, Florida 33614 Englewood, Florida 34224 Phone (407) 69M454 Phone (813) 876.0782 Phone (941) 4753715 Fox (407) 699-0690 Fax (813) 873-2275 Fax (941) 475.3725 Q VI „...�.ep-_._.`..,iUUI .1:), API JI. LUl,It 6UUNIY YUI(L1AbINU N0, 7/yJ r I/ I Attachment 1 EXHIBIT 11 BOARD OF COUNTY COMMISSIONERS September 26, 2007 Attention: i FF6urIZTY LD I D A FACSIMILE TRANSMISSION rLOF%VIllIV%a DEPARTMENT Nall Appel, C.P.M. Purchasing Director NO HARD COPY TQ FOLLOW AMSCO (Air Mechanical & Services Corp.) Fax: Fax: (407) 699.0990 Siemens Building Technologies, Inc, Fax: Fax: (772) 223.7130 Re: INTENT TO REJECT ALL BIDS INVITATION TO BID (ITB) #07-099 — CONSTRUCTION OF THE ADMISTRATION BUILDING CHILLER PLANT To all interested bidders: At the Board Meeting of October 02, 2007 based on Staff recommendation, the Purchasing Department will request the following action by the Board of County Commissioners regarding the above referenced Bid: Action: Purchasing will request permission to: Reject all Bids for ITB 907-099, Construction of Administration Building Chiller ,Plant and ro-bid the project. The Board of County Commissioners meetings are held on Tuesday. Please refer to the County website at .co.st-lucie-fl-us for meeting Information. Failure to file a written protest of this action, In accordance with Section 7.7 of the St. Lucie County Purchasing Manual, shall constitute a waiver of the right to protest the award. Please refer to the County website at www,co, t-luoie.n.us, Sincerely, Neil Appel, C.P.M. Purchasing Director, JOSEPH E. SMITH, DlnM et No,1 4 DDUG COWARD. DIStACI ND. 2 4 PALILA A. LEWIS, Dkmcl No, 34 CHARLES GRANDE, DI9b1C1 No, 4,0 CHRIS CRAFT, DRlrla No. 0 County Adminlatrelor— Douglas M, Andalson 2300VlrglnieAvenue —FortPieroe.FL 34982,W.62—Phenn(772)4112-1700—TDD(772)402.142B 'S _.. _�... �r�i•. I I VItV,I11V lIVN Attachment I Page 2 (BOARD OF COUNTY COMMISSIONERS September 20, 2007 Attention., FACSIMILE TRANSMISSION IVV, JV I J I . I/ I EXHIBIT 11 rUe«.n#%011Vu DEPARTMENT Neil Appel, C.P.M. Purchasing Director NO HARD COPY TO FOLLOW AMSCO (Air Mechanical & Services Corp.) Fax, Fax: (407) 699-0690 Siemens Building Technologies, Inc. Fax: Fax: (772) 2M7150 Re: Intent to Award Bid 7-099 —CONSTRUCTION OF ADMISTRA;ION BUILDING CHILLER PLANT To all Interested bidders: At the Board Meeting of October 02, 2007 based on Staff recommendation, the Purchasing Department will request the following action by the Board of County Commissioners regarding the above referenced Bid: Action: Purchasing will request permission to: Award Bid #07-099, Construction of Administratlon Building Chiller Plant to the lowest responsive and responsible bidder, AMSCO (Air Mechanical & Services, in the amount of $4,128,012.00. The Board of County Commissioners meetings are held on Tuesday. Please refer to the County webslte at .cast-Iucie.fl.us for meeting information. Failure to file a written protest of this action, in accordance with Section 7.7 at the St. Lucie County Purchasing Manual, shall Constitute a waiver of the right to protest the award. Please refer to the County website at www.co.st-lucie.f_I,us. Sincerely, 2��-P.M. Purchasing Director JOSEPH S. SMITH, DIntl Nol s DOUG COWARD, DIMAO No. 2 s PAU4A A, LEWIS, DIshiat No.5 • CHARLES GRANDE, D6Mct No. a e CHRIS CRAFT, District No, 6 CountyAdminlstmol — DauOa M. Andamon 2900 Mrglnla Avenue— Part Noma. FL 24082,6662 - Phan (772) 492-1700 -TOO (772) 462-1428 BID FORM _ EXHIBIT t 1 BID #07-099 CONSTRUCTION OF ADMINSTRATI®11I BUILDING CHILLER PLANT (RE43I®) 1, bavid Vance Representing Air ,Mach n 8�; company and/or Corporation, agree to perform, the construction of the Construction of Admknl$$'st ration 4ion B�a2I?Ing ::hiller Plant as specified and described herein- t • 900 Ton Capacity Chiller Plant: Site Development Underground Chilied Water Building & Tower Structure Mechanical Systems Electrical Systems (In accordance with the plans & specifications) 2. Roger Poitras AHU Replacement: Site CHW Tie In AHU Replacement Electrical Systems (In accordance with the plans & specifications) 3. Administration Building AHU and VAV Box Replacement: Site CHW Tie In AHU Replacement VAV Box Replacement Electrical Systems (In accordance with the plans & specifications) 4. Roger Poitras VAV Box Replacement; Mechanical Systems Electrical Systems (in accordance with the plans & specifications) 5. Cost for Public Construction Bond 6. Construction Contingency Allowance: (To be used for unforeseen construction related issues as approved by the Owner.) 7. Permits and Fees Allowance (To be used for application fees, building department plan review and permitting fee, Fire Marshall review fee, utility connection and impact fees,) Total; $�s4 $ ,;;� S $ ZSa CX $ Z a I Page 2 - EXHIBIT 11 The contractor should field verfy the actual site conditions prior io time or nidoing and before submitting the bid proposal. The contractor should read the special conditions and the requirements for insurance before submitting a bid proposal, The contractor should verify the quantities to be included in the construction contract upon notice of anticipated award. The contractor shall fumish St, Lucie County with a Public Construction Bond in 100% of the total estimated amount of the contract. The Public Construction Bond shall continue in effect for one (1) year after completion and acceptance of the work as guarantee against construction defects, The contractor in his bid shall include the cost of said bond_ Density testing shall be at the expense of St, Lucie County, except for failing tests, which shall be charged to the contractor. I have at —'ached the required 5% Bid Security to this Bid. Contact Person Bill Stewart Business Address 325 Anchor Rd, City, State, Zip Code Casselbarry, FT, 32707 Business Phone Number (407) 699-0454 Fax Number (407) 699-0690 Cell Phone Number (321) 231-0291 17 LLLac miernt i EXHIBIT 11 -U ii3 —c,7_0s v Ql: General Contractor or Suboontractor, Please confirm -that you will require a cert1 ied general contractor to bid this project as the prime contractor. Item 22,0 on page 7 of the Instructions to Bidder' does not state general contractor only certified or state registered. We are requesting that only State Certified General Contractors can submit a bid for this project. Please clarify, ,answer: All General and Mechanical Contractors that attended the Mandatory pre -bid meating held can 3115107 shall be able to bid thus project as a Prime Contractor as long as they can meet all qualifications that are required In the bid pao kaga. Q2: Bid Form: As shown on page IQ, the bid form has us breaking down each building cost and then breaking down the costs of items within those buildings. As discussed at the pre -bid meeting, this project is a lump sum contract. However, item 24.0 on page 7 of the Instructions to Bidders states that this Is B unit cost. A) We are requesting that the bid form be modified to show one lump sum for all four areas as Item #1, cost of Public Bond as Item 42, Construction Contingency Allowance as Item #3, and Permit and Fees Allowance as Item #,4. As St. Lucie County requires two copies and one original, It is impossible to put accurate costs for each line item as you now show it on all three bid forms as we do not receive bids from sub contractors until ten minutes until the due time, 8) DalEtte item 24.0 your consideration in changing the bid form is greatly appreciated. Answer. This bid will be awarded lump sum, line items are for informational purposes only. Line Hems must total the lump sum bid price. Bid form will NOT be changed. 03: Bidder's Qualificatlon Statement: Per another bid we are submitting to the County, please change the following items on this bidders Qualification Statement as follows: Page 14: Disregard Section #9, List GM's or GC's.... Page 15: Disregard Section 918. Attach either a certified....(The general contractors that are bidding on the job are bondable, no need to give financial statement then they become public record) Page 15: Disregard listing of Material suppliers and Subcontractors. (impossible to list as we are bidding per plans and specs anyway.) Please confirm that these will be deleted, Answer; Pg.13: Disregard Section #9' List CMIs or GC's .... Page IS.,Disregard lusting Of Material Suppliers QNLY. SUBCONTIR %CTQRS MUST B LISTED, Financial Statements for public work projects such as this one are exempt from public record. Financial statements can be In the form of Balance sheet, profit and loess stattlMent signed by a certified public accountant: or an income tax return. Q4: Section 00110 page a: Please delete that 30% of the work to be by the contractors own forces as this project consists mainly of subcontractors work except our general ADDENDUM #a3 BID#07-060 page 2 of 5 IJonstruetion of Admin. Bullding chiller P11111t ]0573H L' SWrF; DW0t N0, i ' DDLrt3 CDIYARD, D1=ttNo. 2 ' PAULA A, 1,BWl% DLfiCt No. 9 ' CHA)ZLM 0RANV1 DJ2Tdd N0. 4 • CM13 CRAFT, DWd No. 8 CDLMTY ADM[NLSIRATUR - DDUGLAH M. ANDRIWO l 29D0Vqepen A,,Mq . Dori Pierce, FL 34S6.,Sd52 ' (772W2-170D • Fmrm1462-12941 EXHIBIT 11 Z.7SQLUTI N OF SOLIC(TA QON AND PROPOS)�D AWARD l'RO_Tr_S_T_ a. RIGHT TO PROTEST: Any actual or prospective bidder or offeror who believes he is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Director, The protest shall be submitted in writing within twenty-four (24) hours after such aggrieved person knows or should have known the facts giving rise to the alleged grievance. b, RESOLUTION OF PROTESTS: 1. The Purchasing Director shall consult with the County Attorney concerning any protest Involving the solicitation or prospective award of a contract bid. Following consultation with the County Attorney, the Purchasing Director shall attempt to resolve the protest. 2. If the protest is not resolved by mutual agreement between the protesting vendor and the Purchasing Director, the Purchasing Director shall consult with the County Administrator and the County Attorney and issue a final written decision on the protest. Copies of the written decision will be mailed to the protesting vendor and any other vendor requesting a copy. Copies shall also be distributed to the County Administrator and the Department Head, The written decision shall: (a) State the reasons for the decision. (b) Inform the protesting vendor of his right to administrative review. c. DISTRIBUTION: A copy of this decision shall be mailed or otherwise furnished immedletely to the protesting bidder and any other party intervening. d. STAY OF PROCUREMENT DURING PROTESTS: In the event of a timely protest, the County shall not proceed further with the solicitation or award of the contract pending resolution of the protest by the Purchasing Director, issuance of a written decision by the Purchasing Director as provided above, or determination by the Board of County Commissioners that award of the contract must be made without further delay In order to protect the substantial interests of the County, Post4r Fax Nate 7671 Da 7 es� Yb From 00jDapt. O5 . Phone -61 ROM # EXHIBIT 12 BOARD OF COUNTY COMMISSIONERS Mr. William Stewart Via Facsimile and U.S. Mail Air Mechanical & Service Corporation (AMSCO) 325 Anchor Road Casselberry, FL. 32707 Date: September 28, 2007 PURCHASING DEPARTMENT NEIL APPEL, C.P.M. Purchasing Director Subject: Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant (Re -bid) Dear Mr. Stewart, Staff received your letter dated September 26, 2007 on Thursday, September 27, 2007, protesting St. Lucie County's decision to reject all bids and re -bid the project. A staff committee consisting of the County Administrator, County Attorney, Purchasing Director and Central Services staff reviewed AMSCO'S protest and has decided to deny the protest on the following grounds: • Submittal of an unbalanced bid This item will be presented to the Board of County Commissioners at the Commission meeting on Tuesday, October 9, 2007, requesting permission to reject all bids and re -bid the project. Once again, I am attaching a copy of the County protest policy to this letter. Should you wish to pursue administrative review please let me know immediately. St. Lucie County looks forward to receiving bids/proposals for future projects from your firm. If you have any questions, I can be reached at (772) 462-1700. Thank you for your interest in working with St. Lucie County. Sincerely, Neil Appe , C.P.M. Purchasing Director Attachment C: County Administrator County Attorney Central Services Director J05EPH E. SMITH, District No. 1 • DOUG COWARD, Districr No. 2 • PAULA A. LEWI5. District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, Districr No. 5 Counry Administrotor - Doug!os M. Anderson 2300 Virginio Avenue • Fort Pierce, FL 34982-5652 • Phone (772) 462-1700 FAX (772) 462-1704 0 TDD (772) 462-1428 web site: www.co.st-lucie.fl.us EXHIBIT 12 7_7 RESOLUTION OF SOLICITATION AND PROPOSED AWARD PROTESTS a. RIGHT TO PROTEST: Any actual or prospective bidder or offeror who believes he is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Director. The protest shall be submitted in writing within twenty-four (24) hours after such aggrieved person knows or should have known the facts giving rise to the alleged grievance. b. RESOLUTION OF PROTESTS: 1. The Purchasing Director shall consult with the County Attorney concerning any protest involving the solicitation or prospective award of a contract bid. Following consultation with the County Attorney, the Purchasing Director shall attempt to resolve the protest. 2. If the protest is not resolved by mutual agreement between the protesting vendor and the Purchasing Director, the Purchasing Director shall consult with the County Administrator and the County Attorney and issue a final written decision on the protest. Copies of the written decision will be mailed to the protesting vendor and any other vendor requesting a copy. Copies shall also be distributed to the County Administrator and the Department Head. The written decision shall: (a) State the reasons for the decision. (b) Inform the protesting vendor of his right to administrative review. c. DISTRIBUTION: A copy of this decision shall be mailed or otherwise furnished immediately to the protesting bidder and any other party intervening. d. STAY OF PROCUREMENT DURING PROTESTS: In the event of a timely protest, the County shall not proceed further with the solicitation or award of the contract pending resolution of the protest by the Purchasing Director, issuance of a written decision by the Purchasing Director as provided above, or determination by the Board of County Commissioners that award of the contract must be made without further delay in order to protect the substantial interests of the County. P. 1 * * * Communication Result Report ( Sep,28. 2007 3:53PM ) * * * Date/Time: Sep.28, 2007 3:52PM — EXHIBIT 12 File No, Mode Page Destination Pg(s) Result Not Sent ----------------------------------------P---2 OK ----------------------- ---------- 4 Memory TX 814076990690 ------------------------------------------------- ------------------------ Reason for error E.1) Hang up or line fail E. Busy E. 3) No facsimile c o n n e c t o n E. 5) Exceeded max . E — m a i l s i z e DOARD OF PURCHASING COUNTY DEPARTMENT COMM15SIONERS ' Y NEIL APPEL C.PA. PEYdlo4nq Dteew Mr. Whom Stewart Via Facsimile and U.S. Mall Air Mechanical & Service Corporation (AMSCO) 323 Anchor 12oad Ceea3lbeny, FL. 32707 Data September 20, 2007 Subject: Invi than te Bid 7M7-099, Conatrucion of the Administrabon Bu9tling Chiller Plant (Ra•bid) Dear Mr. Stewart, Stag received your leper dated September 26, 2007 on Thursday, September 27, 2007, protesting St. Luce County+e dociclah to ?elect all bide and m-btd the project- A stag committee consisting of the County Administrator, County Attorney, Purchasing Wecior and Central Services stag reviewed AMSWS protest and has decided b deny the protest on the following grounds: Y SubmkMl of an unbalanced bid This Item will be presented to the Board of County Camrrussioners et the Commission meeting on Tuesday, October e, 2D07, requeetlng permission to reject all pica and re -bid the proJed. Once again, I era attaching a copy of the County protest policy WIN- letter. Should you wloh to Purdue adrnbkRatto review please lei me Imow Immediately. St. Luca County looks forward to receiving blddpmposala for future projects from your flmt If you have any questions, I can be reached at (772) 462-1700. Thank you for your Interest In working with St Lucie County. Sincerely, Nell Appe C.P.M. Purchasing Director Attachment C: Couny Adminlstrator County Attorney Central Services Director IDSCrN E. fMIM. pWEcr W. , . DWGCW.IM, DMI,r Its. Y � MNw �. EIVn. Dlmb Xo..l . paµa GMMM, a,Mv No. � (1, W pUn, 0.M,IOXa S CeNne MmMIXev • DeuOL, M lua,m 2300 Wginio Avenue • Far R—. FL 34982-5652 r Wone (772) 4021700 FAX (772) 462-1704 • TDD (772) 462-1428 - web siro: www,co.a-lude.fl-m AMSCO Air Mechanical & Service Corporation 325 Anchor Rd. Casselberm FT, 32707 407-699-0454, Fax 407-699-0690 Email: bstewart(Ram.sco-oc.com EXHIBIT 13 FAX COVER DATE: I 09/28/2007 TO: St. Lucie County Purchasing AT1N: Nell Appel FROM: Bill Stewart RE: Sid #07-99 — Comstruction Of Adaomin Bldg Cbiller Plant Request for administrative review please see attacbed. Bill Stewart PAGES TOTAL. 3 Including Cover EXHIBIT 13 A 0 W AIR MECHANICAL & SERVICE CORP. September 28, 2007 St. Lucie County, Fl Purchasing Department 2300 Virginia Avenue Fort Pierce, F134982 Attn: Neil Appel Ref: Bid #07-099 -- (Re -Bid) Construction of the Administration Building Cbiller Plant Neil, Air Mechanical & Service Corp wishes to pursue administrative review for the above referenced project per the attached letter received September 28, 2007 ra_jecting our written protest to the submittal of an unbalanced bid. Bill Stewart Sales /Estimating 0 325 Anchor Road 4311 W. Ida Street Q 2700 Avenue of the Americas Cesselberry, Florida 32707 Tampa, Florida 33614 Englewood, Florida 34224 Phone (407) 699-0454 Phone (813) 875-0782 Phone (941) 4753715 Fax (407) 699-0690 Fax (818) 873.2275 Fax (941) 475-3725 C I Sep.20, 2007 3:52PM ST.LUCIC COUNTY PURCHASING Nu, 5374 P. 1 EXHIBIT 13 a0ARD OF COUNTY COMMISSIONERS Mr. William Stewart Via Facsimile and U.S. Mail Air Mechanical & Service Corporation (AMSCO) 325 Anchor Road Casselberry, FL, 32707 Date: September 28, 2.007 PURCHASING DEPARTMENT (VEIL APPEL, C.P.M. Pumhosing Direcror Subject: Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant (Re -bid) Dear Mr. Stewart, Staff received your letter dated September 26, 2007 on Thursday, September 27, 2007, protesting St Lucie County's decision to reject all bids and re -bid the project. A staff committee consisting of the County Administrator, County Attorney, Purchasing Director and Central Services staff reviewed AMSCO'S protest and has decided to deny the protest on the fallowing grounds: • Submittal of an unbalanced bid This item will be presented to the Board of County Commissioners at the Commission meeting on Tuesday, October 9, 2007, requesting permission to reject all bids and re -bid the project, Once again, I am attaching a copy of the County protest policy to this letter. Should you wish to pursue adminlstrative revlew please let me know immediately, St, Lucie County looks forward to receiving bids/proposals for future projects from your firm, If you have any questions, 1 can be reached at (772) 462.1700. Thank you for your interest in working with St. t,ucia County. Sincerely, 1 Nell Appe , C,P,M, Purchasing Director Attachment C. County Administrator County Attorney Central Services Director JOWN E. smrw, Dist is No. 1 - bbuG [6wAteb, blurle No. 8 - PAULA A. LEMS, Mstrkr No, t) • CHARLES GRANDZ, Disttla No, 4 - CHPJS CRArr, Dlsrrlct No, 9' CeUety Adrninistrorol - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34962-5652 • Phone (772) 462-17t)o FAX (772) 462.1704 • TDD (772) 462-1428 web stre; www.co.st-lucie.fl.us Via Agenda Request Item Number ri Z Date: 10.09.07 Consent [ ] Regular [ ] Public Hearing [X ] Leg. [ ] Quasi -JD [ X ] To: Board of County Commissioners Presented By Submitted By: Growth Management " GrovAh Management Director SUBJECT: Petition of Acorn Development, for the development of Queens Island Preserve, a Major Site Plan, consisting of the development of 16 Single -Family Lots on 26.44 acres. (File No.: MJSP 820071304) BACKGROUND: Acorn Development, the Petitioner, has applied for Major Site Plan Approval for a project to be known as Queens Island Preserve. The petitioner is proposing the development of 16 Single -Family Lots on 26.44 (total) acres, consisting of 6 Lots to be developed on the west side of State Highway A1A and 10 lots on the east side of Highway A1A. The project is located approximately 3 miles north of the Fort Pierce Inlet State Recreation Area. The Environmental Resources Department recommends that the Board of County Commissioners consider approving this project with a condition of approval that the Applicant redesign the site to eliminate the internal driveway, servicing the proposed lots on the east side of A1A, replace with five combined driveways, each driveway serving 2 lots, directly off Al and shift the ten proposed lots as far westward as possible. The Applicant would then reschedule a pre -application meeting with the Florida Department of Transportation and present an alternative plan showing the shared driveway. Should the FDOT deny the alternative plan then the plan with the one entrance off A1A will be considered the only permissible layout and therefore be approved by the Board. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Given the Board's satisfactory deliberation and determination of a direction regarding the environmental issues as detailed by the Environmental Resources Department, Staff is prepared to recommend approval of Draft Resolution No. 07-291, granting Site Plan approval for the project to be known as Queens Island Preserve, subject to the limiting conditions and direction of the Board. MISSION ACTION: ® APPROVED OTHER = DENIED Coordination/ Signatures County Attorney Mgt. & Budget: _ Growth Management Dept.: ERD: _ Finance: Engineering: _ Approved 3-2 (Grande and Smith voting no) Motion to approve staff recommendation with amended language. CO RRENCE: Douglas M. Anderson County Administrator Purchasing: County Surveyor: Commission Review: October 9, 2007 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM DATE: October 1, 2007 TO: Chairman Craft and Board of County Commissioners THROUGH: Mark Satterlee, Director Growth Management FROM: Peter W. Jones, AIA, PI t anager SUBJECT: Acorn Development Appfor Major Site Plan and Certificate of Capacity and petition for approvalforproposed development to be known as Queens Island Preserve. (File No.: MJSP 820071304) Acorn Development, the Petitioner, has applied for Major Site Plan Approval for a project to be known as Queens Island Preserve. The petitioner is proposing the development of 16 Single -Family Lots on 26.44 (total) acres, consisting of 6 Lots to be developed on the west side of State Highway AIA and 10 lots on the east side of Highway AIA. The project is located approximately 3 miles north of the Fort Pierce Inlet State Recreation Area. The Environmental Resources Department recommends that the Board of County Commissioners consider approving this project with a condition of approval that the Applicant redesign the site to eliminate the internal driveway, servicing the proposed lots on the east side of AIA, replace with five combined driveways, each driveway serving 2 lots, directly off AIA and shift the ten proposed lots as far westward as possible. The Applicant would then reschedule a pre -application meeting with the Florida Department of Transportation and present an alternative plan showing the shared driveway. Should the FDOT deny the alternative plan then the plan with the one entrance off AIA will be considered the only permissible layout and therefore be approved by the Board. Given the Board's satisfactory deliberation and determination of a direction regarding the environmental issues as detailed by the Environmental Resources Department, Staff is prepared to recommend approval of Draft Resolution No. 07-291 (attached), granting Site Plan approval for the project to be known as Queens Island Preserve, subject to the limiting conditions and direction of the Board. Please contact this office if you have any questions on this matter. 4a4BMITTED: attWrlee, ICP Growth anagement Director Commission Review: 10/02/07 GROWTH MANAGEMENT DEPARTMENT Planning Division STAFF REPORT Date: October 1, 2007 To: Chairman Craft and Board of County Commissioners Through: Mark Satterlee, Director Growth Management Prepared by: Peter W. Jones, AIA, Planning Manager Item: Queens Island Preserve Major Site Plan MJSP 820071304 Resolution No: # 07-291 Parcel Tax ID: 1414-340-0004-000-7; 1414-340-0003-000-0; 1414-340-0005-000-4; 1414-340-0005-010-7; 1414-340-0006-000-1 GENERAL INFORMATION: Applicant: Acorn Development Contact Person: George Gentile, Gentile Holloway O'Mahoney & Associates, Inc. Phone: 561 /575-9557 Requested Action: Petition for Major Site Plan Approval. Purpose: For the development of a 16 Single -Family Lot Subdivision. Location: North Hutchinson Island, approximately three miles north of the Fort Pierce Inlet State Recreation Area, flanking both sides of State Highway Al A. Size: 26.44 Acres Existing Land Use Onsite: Vacant Future Land Use: RM (Residential Medium — 9 Dwelling Units per Acre) Existing Zoning Onsite: HIRD (Hutchinson Island Residential District) Existing Land Use Surrounding the Site: North: East of Highway Al A — Vacant West of Highway A1A - Vacant October 1, 2007 Page 2 Subject: Queens Island Preserve 07-291 Major Site Plan Approval South: East of Highway A1A - Residential Multi -Family (Paragon Condominium) West of Highway Al -Vacant East: Atlantic Ocean West: Single-family homes. Future Land Use Surrounding the Site: North: East of Highway A1A - RM (Residential Medium) Future Land Use West of Highway A1A - RM (Residential Medium) Future Land Use South: East of Highway Al A - RM (Residential Medium) Future Land Use West of Highway A1A - RM (Residential Medium) Future Land Use East: Atlantic Ocean West: RU (Residential Urban) Future Land Use Existing Zoning Surrounding the Site: North: East of Highway AlA- HIRD (Hutchinson Island Residential District) West of Highway A1A - HIRD (Hutchinson Island Residential District) South: East of Highway A1A - PUD (Planned Unit Development) West of Highway A1A - HIRD (Hutchinson Island Residential District) East: Atlantic Ocean West: RS-4 (Residential, Single-family — 4 Dwelling Units per Acre) Zoning District. Comprehensive Plan: No waivers or variances have been requested. File Date: August 3, 2007 SPECIAL INFORMATION: STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.02.07, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Major Site Plan approval, utilizing these requirements and notes the following: CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The Queens Island Preserve Major Site Plan is consistent with the general purpose, goals, objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County, and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. October 1, 2007 Page 3 Subject: Queens Island Preserve 07-291 Major Site Plan Approval The subject property is designated RM (Residential Medium — 9 Dwelling Units per Acre) on the Future Land Use Map and is within the HIRD (Hutchinson Island Residential District) Zoning District. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The project consists of the development of sixteen (16) Single -Family Lots on 26.44 Acres of land (total) on the east and west sides of State Highway A1A, approximately three miles north of the Fort Pierce Inlet. The Queens Island Preserve Major Site Plan has been determined not to have an undue or adverse effect upon nearby properties. The properties surrounding the proposed Queens Island Preserve consist of residential development compatible with the proposed use. Right -of -Way / Adequacy: Existing Right of Way: State Highway A1A existing right-of-way width is 100 feet. Utilities: The proposed Queens Island Preserve development will be served by St. Lucie County Utilities. A Standard Development Agreement (SDA) will be required for the provision of water and wastewater services following Site Plan Approval. Traffic Impacts: Staff has reviewed the impacts from the proposed residential development and has determined that all of the links within the impact study area are expected to operate at an acceptable level of service. Northbound and southbound left - turn lanes on SR Al A at the project entrance should be included in the development approval. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening All reasonable steps have been taken and the project is not expected to adversely impact the surrounding properties. 3. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the Major Site Plan has been determined not to interfere with the development or use of neighboring properties. October 1, 2007 Page 4 ADEQUACY OF PUBLIC FACILITIES Subject: Queens Island Preserve 07-291 Major Site Plan Approval The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. This Major Site Plan is not expected to create significant additional demands on any public facilities in this area. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County Fire District confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. The District requires that the Applicant receive approval prior to the proposed modification to the existing fire hydrant serving the Paragon Condominium. The District also requires that the Applicant add a note to the Site Plan stating that the proposed residences will be fire sprinklered and the same be recorded as part of the Development Order. Fire/EMS Protection: Station No. 9, located at 3395 North Highway A1A, is approximately 1.3 miles south of the subject property. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. No school facilities will be impacted by this Major Site Plan. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter Vill, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn. Background: The project site consists of approximately 26.44 acres of land located on both the east and west sides of State Road A1A on North Hutchinson Island. Currently, the habitat on the east side of A1A consists of 3.23 acres of Brazilian pepper, 1.15 acres of coastal scrub, 1.58 acres of "naturally altered dune", .45 acres of dune, and .90 acres of beach. The habitat on the west side of Al A consists of 2.51 acres of mixed hardwood hammock and 16.62 acres of mangrove swamp. It is important to note that the 3.23 acres of Brazilian pepper community is actually disturbed coastal scrub (back dune) habitat and is currently interspersed with many native October 1, 2007 Subject: Queens Island Preserve 07-291 Page 5 Major Site Plan Approval species including wild coffee, railroad vine, coral bean, Florida privet, white indigo berry, coco plum, inkberry (endangered), sea grape, and cabbage palm. The Queen's Island Preserve development is proposing to impact 1.48 acres of hardwood hammock on the west side of A1A to provide six single family residential lots and 3.20 acres Brazilian pepper (disturbed coastal scrub) and .02 acre of the coastal scrub on the east side of A1A to provide ten single family residential lots. The project proposes to enhance and preserve 86.1 % of the coastal scrub (.99 acres) and 99% of the coastal dune (2.01 acres). In addition, 1.09 acres of coastal scrub will be restored from Brazilian pepper. The project proposes to preserve all 16.62 acres of the mangrove swamp and provide the required 50' wide native upland buffer by preserving 1.03 acres of the mixed hardwood hammock. The applicant is required to remove all exotic vegetation from within the wetland and wetland buffer and replant those areas as necessary. To be addressed prior to site plan approval: ERD does not agree with the applicant's responses to several issues raised in review of this project and believe that our previous concerns remain valid and unsatisfactorily addressed: 1) The "Landward Edge of Frontal Dune" contradicts the existing elevations and existing dune vegetation on the site. The "Landward Edge of Frontal Dune" line is shown to occur at the highest elevations throughout the site; at points ranging from 13 to 14 feet. While points of decreasing elevation lie to either side of the line labeled "Landward Edge of Frontal Dune". The applicant's argument that the area cannot be considered dune because the habitat cover is considered coastal scrub is irrelevant since the FLUCFCS (Florida Land Use Cover and Forms Classification System Handbook, January 1999, Department of Transportation) definition states that coastal scrub cover type is generally found in dune and white sand areas. ERD recommends the BOCC request clarification from the applicant's coastal engineer on his delineation of the dune for their review and consideration. 2) After meeting with Florida Department of Transportation staff it is clear the applicant did not fully explore the recommendation to eliminate the driveway on the east side of Al A. Records of the pre -application meeting held between the applicant and FDOT on May 24`h clearly show that the only driveway layout presented or discussed was the one showing the parallel driveway with one main entrance off A1A. The FDOT commented on that plan and requested the two emergency accesses. When ERD originally presented the idea of redesigning to incorporate shared driveways the applicant responded "The design of the entrance along the east side is based on FDOT requirements. FDOT will not allow more than what is proposed on the east side that is one main driveway and the two emergency points. The entrance to the lots on the east side was placed at this location based on the existing locations of the driveways to the north and south of the subject site." October 1, 2007 Page 6 Subject: Queens Island Preserve 07-291 Major Site Plan Approval Discussions with FDOT staff revealed that ERD's request to redesign the project to have shared driveways was not an ideal situation but would certainly be considered by FDOT. In fact, the FDOT staff divulged that they have approved multiple direct accesses in the past due to justifiable circumstances such as in the case of preserving and protecting environmental areas. Removing the driveway on the east side of A1A, replacing with five combined driveways directly off A1A, and shifting the ten lots/buildable areas at least 80 feet westward would result in an additional approximately 1.6 acres of additional dune to be preserved and restored. ERD recommends that the SLC BOCC consider approving this project with a condition of approval that the applicant redesign the site to eliminate the driveway on the east side of Al A, replace with five combined driveways directly off Al A, and shift the ten lots/buildable areas as far westward as possible, then reschedule a pre -application meeting with the Florida Department of Transportation and present an alternative plan showing the shared driveway. Should the FDOT deny the alternative plan then the plan with the one entrance off A1A will be considered the only permissible layout and therefore be approved by the SLC BOCC. SUMMARY: The Applicant originally submitted plans, on September 11, 2006 for a 39 unit Residential PUD that included 24 single-family lots (15 lots east of State Highway A1A and 9 lots on the west side of A1A), a 15 unit multi -story condominium building (on the west side of A1A) and a clubhouse with 24 cabanas and a swimming pool, east of A1A. Further, the Applicant was, at the time, asking for a 25 foot waiver from the 50 foot wetlands setback requirement (wetlands west of the lots west of Al A). In response to County Staff comments received December 13, 2006 the Applicant submitted a letter dated March 2, 2007, and revised plans, dated March 2, 2007. The revised plan noted a 28 unit Residential PUD that included 28 single-family lots (13 lots east of State Highway A1A and 15 lots on the west side of Al and a clubhouse with 24 cabanas and a swimming pool, east of A1A (same location as the September 11, 2006 plan). The Applicant, again, asked for a 25 foot waiver from the 50 foot wetlands setback requirement (wetlands west of the lots west of A1A). A DRC letter was issued to the client, via certified letter, April 5, 2007, referring to both the applicant's response letter of March 2, 2007, as well as the revised plan. The applicant then met with the County Development Review Committee (DRC), July 5, 2007. According to the tape of that meeting, the Applicant presented a 'new' plan that called for the development of 16 single-family lots (6 lots west of A1A and 10 lots east of A1A) under a straight zoning submittal. The plan also reflected the full 50 foot wetlands setback along the lots west of A1A. There was discussion regarding the County's position on approving development that included the development of land eastward of the Coastal Construction Control Line (CCCL). Subsequent to the July 5, 2007 DRC meeting the Applicant submitted an application and plans, on August 3, 2007, for a Major Site Plan for the development of a sixteen (16) Single -Family Lot Subdivision, on the same property. October 1, 2007 Page 7 Subject: Queens Island Preserve 07-291 Major Site Plan Approval Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Attached is a copy of Draft Resolution No. 07-291, which if approved, would grant the requested Major Site Plan approval for Queens Island Preserve. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 07-291, granting Major Site Plan and Certificate of Capacity approval for the project known as Queens Island Preserve, with limiting conditions. DEFICIENCIES AND DISCREPANCIES: Prior to the issuance of a Vegetation Removal Permit, it shall be the responsibility of the developer, or his assigns, to provide the required corrections pertaining to the following: 1) Prior to the issuance of a SLC vegetation removal permit, the applicant shall provide supporting documentation that they have obtained an approved Environmental Resource Permit from the Florida Department of Environmental Protection. Should the wetland jurisdictional line differ from the line shown on the boundary survey submitted or the FDEP non -binding jurisdictional determination, then any new relevant information shall be submitted to ERD and the wetland buffer on the site plan must be modified appropriately to reflect the jurisdictional line and the County mandated 50 foot buffer. 2) Prior to the issuance of a SLC vegetation removal permit, the applicant shall provide an approved permit from FDEP for the proposed dune crossovers along with final drawings of the proposed dune crossovers including a cross -sectional view of the structures in relation to the dune elevation and vegetation. 3) Prior to the issuance of a Certificate of Occupancy for each residence the rope and bollard barrier to limit access to the dune shall be installed. 4) The Environmental Resources Department recommends that the St. Lucie County Board of County Commissioners consider approving this project with a condition of approval that the Applicant redesign the site to eliminate the internal driveway, servicing the proposed lots on the east side of A1A, replace with five combined driveways, each driveway serving 2 lots, directly off A1A and shift the ten proposed lots as far westward as possible. The Applicant would then reschedule a pre - application meeting with the Florida Department of Transportation and present an alternative plan showing the shared driveway. Should the FDOT deny the alternative plan then the plan with the one entrance off A1A will be considered the only permissible layout and therefore be approved by the Board. 5) Should the SLC BOCC require a site plan revision, a condition of approval shall be that prior to the issuance of a SLC vegetation removal permit, the applicant shall revise the Dune Preservation Area, Conservation Easement, and Preserve Area Management Plan to reflect the final dune preservation zone delineation. October 1, 2007 Subject: Queens Island Preserve 07-291 Page 8 Major Site Plan Approval 6) Prior to the issuance of the first SLC building permit for this project, the applicant shall provide verification that FDEP has agreed with the delineation of the Dune Preservation Zone, including applicant's surveyed elevations, as this verification will confirm that the area of Dune Preservation Zone meets the County dune elevation requirements. 7) Prior to the issuance of a SLC vegetation removal permit, the applicant shall revise the Preserve Area Management and Monitoring Plan (PAMMP) to explain as to how future overwashes and storm breaches will be prevented/avoided/repaired, as well as how the proposed oceanfront homes will be protected and submit a summary of methods proposed to prevent scarp formation on the seaward face of the dune. Although overwashes, storm breaches, and scarp formations are oftentimes natural phenomena, the applicant has included the beach area as a part of its preserve area, which shall be maintained in perpetuity, as stated in the PAMMP provided. Also, previous years storms have shown that overwashes in some cases completely destroy natural areas and structures landward of the primary dune. Proposed preserve areas must be restored and maintained following such events. SLC Comp Plan clearly states in Goal 7.2 that the County will strive to protect people and property from the effects of hurricane storm damage and will review future development proposals with that goal in mind. In addition, the dune preservation zone and associated coastal scrub in this project area has been identified as a Strategic Habitat Conservation Area for the threatened Southeastern Beach Mouse by the FWCC, making protection and preservation of this area especially important for listed species as well as for protection of private property. 8) Prior to the issuance of the first SLC building permit for this project, the applicant shall have planted the entire dune preservation area as needed, per the submitted PAMMP. Restored beaches (including re -vegetation) shall, to the maximum extent possible, resemble the characteristics of pre-existing or adjacent natural beaches in terms of sediment grain size, compaction, and beach slope. Restored and stabilized dunes shall, to the maximum extent possible, be similar in appearance to pre-existing or adjacent natural beaches in terms of profile, vegetation and sediment characteristics. Once the vegetation has become established, all irrigation shall cease and all associated equipment shall be removed from the dunes. The design and operation of sprinkler or irrigation systems shall not interfere with the normal development of sea turtle eggs in the nests or adversely affect emergent hatchlings. The dune will be restored to FDEP mandated elevations and replanted so as to achieve 100% coverage consisting of Sea Oats, Sea Grapes, and Saw Palmettos and/or other native salt and drought tolerant vegetation. If dune preservation plantings will occur during sea turtle season (March 1- November 15), then the dune planting plan should be included in the STPP with information concerning efforts that will be made to minimize impacts to nesting sea turtles. Restoration activities conducted during sea turtle season will, in many cases, necessitate that a sea turtle biologist be present each day to survey and mark nests that occur in the area of restoration/construction. 9) Since the field surveys for this project were conducted 7/19/04, over three years ago and prior to two significant hurricane events that occurred in this county, and some of the species which may nest or burrow on -site would require more species -specific surveys in order to determine whether or not they are present, prior to approval of a vegetation removal permit for any portion of the Queen's Island Preserve site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources October 1, 2007 Page 9 Subject: Queens Island Preserve 07-291 Major Site Plan Approval Department up-to-date species -specific survey results conducted per Florida Fish and Wildlife Commission and the U.S. Fish and Wildlife Service guidelines regarding listed species resident on or otherwise is significantly dependent upon (i.e.; gopher tortoise, sea turtles, beach mouse, indigo snake) the subject parcel of land. Per Comprehensive Plan Policy 8.1.8.10, if listed species are observed on -site, appropriate protection to the satisfaction of all parties shall be provided prior to approval of the development. Updated survey results should be provided to St. Lucie County, FWS, and FWC for further guidance on avoidance and minimization of impacts. 10) Prior to the issuance of the Certificate of Occupancy for each building constructed on this site a night-time lighting inspection shall be conducted by SLC ERD. All Lighting not in compliance with Chapter 6.04.02 will be brought into compliance or removed. 11) Prior to the issuance of all Certificate of Occupancies within the Queen's Island Preserve community each residence shall be provided a copy of the Preserve Area Management and Monitoring Plan, the Florida Yards & Neighborhoods Guide to Florida Friendly Landscaping, and the Declaration of Covenants, Conditions and Restrictions for Queen's Island Preserve and at the time that the Association is turned over from the developer to the residents a copy of each document shall be provided to the Homeowner's Association. 12) Prior to the issuance of a Vegetation Removal Permit, an executed (signed) and recorded copy of the conservation easement document must be provided. Following Major Site Plan Approval, the Applicant will work with the County Attorney's office to draft a form acceptable to both, at a minimum, the conservation easement, made in favor of St. Lucie County, shall cover all preserve areas and include a copy of the site plan or a map of areas to be covered by conservation easement, and a legal description and number of acres covered by the conservation easement. Please be sure to include the following statements 1) The Queens Island Preserve Homeowners Association, Inc. shall maintain in perpetuity, the lands dedicated as a conservation easement in accordance with the approved Preserve Area Management and Monitoring Plan, revised - insert date. Further, the Queens Island Preserve Homeowners Association, Inc. agrees that it shall take private enforcement action against any member of the Queens Island Preserve Homeowners Association, Inc. who violates the rules relating to use/maintenance of the designated easement." and 2) "Preserve Areas shall be maintained in perpetuity by the Queens Island Preserve Homeowners Association, Inc. and a qualified maintenance company. Such maintenance shall include, but is not limited to, exotic vegetation removal, replanting with appropriate native vegetation, vine control, and removal of trash and debris. Maintenance schedule should be so as to keep the preserve areas ecologically functional and high quality, as well as a minimum 90% free of exotic vegetation." October 1, 2007 Page 10 ATTACHMENTS: 1. Location Map (Exhibit A) 2. Certificate of Capacity (Exhibit B) 3. Final Site Plan Subject: Queens Island Preserve 07-291 Major Site Plan Approval Approved by: IWIF JM' PLANKING NAGER DEPARTM T OF GROWTH MANAGEMENT Date: 10/5/2007 2300 Virginia Avenue CERTIFICATE OF CAPACITY Ft. (Piece, FL r Certificate No. 2675 This document certifies that eoncurrency 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 16 lot Single -Family Subdivision Number of units 16 Number of square feet 2. Property legal description & Tax ID no. 141434000040007;141434000060001;141434000030000;141434000050004;141434000050107 North Hutchinson Island Queens Island Preserve I Approval: Building Permit Queens Island Preserve Resolution No. 07-291 Letter 4. Subject to the following conditions for concurrency: Owner's name Acorn Real Estate LLC Address 1570 SE 14th Ct Deerfield Bch FL 33441 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Mack SaituIet Signed Growth Management Director: St Lucie County, Florida Date: 101512007 —�ts�j �..�.�.•= Signed Date:10/5/2007 Concurrency Review by: Friday, October 05, 2007 Page 1 of 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 RESOLUTION NO. 07-291 FILE NO.: MJSP 82007 1304 A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL AND CERTIFICATE OF CAPACITY ON 26.44 ACRES LOCATED ON NORTH HUTCHINSON ISLAND APPROXIMATELY 3 MILES NORTH OF THE FORT PIERCE INLET STATE RECREATION AREA, FOR THE DEVELOPMENT OF A 16 SINGLE-FAMILY LOT SUBDIVISION FLAN ON BOTH SIDES OF STATE HIGHWAY Al A. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the Staff Report, has made the following determinations: 1. The Petitioner, Acorn Development, is proposing the development of a 16 single-family lot subdivision on both sides of State Highway A1A, approximately 3 miles north of The Fort Pierce Inlet State Recreation Area. The project is to be known as Queens Island Preserve. 2. The Development Review Committee has reviewed the application for the Major Site Plan and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and St. Lucie County Land Development Code. 3. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety, and general welfare. 4. Alkreaso,644164tpps have been taken to minimize any adverse effect on the proposed project on the` iriRmediate vicinity through building design, site design, landscaping and screening. _. 5. The .pcpposed project with thez.evelopmen district regulations. be constructed, arranged and operated so as not to interfere I use of neighboring property, in accordance with applicable NOW, THEREFORE, .BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.04 and Section 11.02.09 of the St. Lucie County Land Development Code, the Major Site Plan for the development of a 16 single-family lot subdivision to be known as Queens Island Preserve, is hereby approved as depicted in the documents received by the St. Lucie County Growth Management Director on August 3, 2007 and as modified on September 10, 2007, subject to the following conditions: October 9, 2007 Page 1 Resolution No. 07-291 File No.: MJSP #820071304 1. Prior to the issuance of a Vegetation Removal Permit street addresses for the property will be provided. 2. Prior to the issuance of a Vegetation Removal Permit archeological monitoring shall be conducted during vegetation removal and archaeological testing of that portion east of A1A once the vegetation is removed, and the applicant will supply the State Division of Historical Resources with an addendum cultural resource report following the archaeological monitoring and testing in order for them to complete their review. 3. Prior to the issuance of a Vegetation Removal Permit depicts all easements, including however not limited to environmental, utility and storm water shall be conveyed per County plat requirements and, accordingly, included in the final Declaration of Covenants, Conditions and Restrictions for Queens Island Preserve. 4. Prior to the issuance of a Vegetation Removal Permit the Applicant shall provide to the St. Lucie County Surveyor written documentation from the Florida Department of Environmental Protection, Bureau of Surveying and Mapping that no sovereign submerged lands exist within the property. 5. Prior to the issuance of a Vegetation Removal Permit the Applicant shall provide written documentation of the methodology determining the acreage of the submerged lands within the property to the west of State Highway A1A and how the mean high water line was determined. 6. All improvements shall be constructed or bonded prior to the plat being recorded. 7. Prior to the issuance of a Vegetation Removal Permit the Applicant shall dedicate to St. Lucie County, free and clear of any liens and encumbrances, all lands within the property on the west side of Highway Al A, west of the 50 foot Upland Buffer. 8. Prior to the issuance of a Vegetation Removal Permit the Applicant shall receive approval from the St. Lucie County Bureau of Fire Prevention for the proposed modification to the existing fire hydrant serving the Paragon Condominium. The District also requires that the Applicant add a note to the Site Plan stating that the proposed residences will be fire sprinklered and the same be recorded as part of the Development Order. 9. Prior to the issuance of a Vegetation Removal Permit the Applicant shall obtain a St. Lucie County Storm Water Permit and an Environmental Resource Permit from the Florida Department of Environmental Protection. 10. All proposed walking paths shall be in compliance with the Americans with Disabilities Act Accessibility Guidelines. 11. Prior to the issuance of a Vegetation Removal Permit the Applicant shall provide supporting documentation that they have obtained an approved Environmental Resource Permit from the Florida Department of Environmental Protection. Should the wetland jurisdictional line differ from the line shown on the boundary survey submitted or the FDEP non -binding jurisdictional determination, then any new relevant October 9, 2007 Resolution No. 07-291 Page 2 File No.: MJSP #820071304 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 information shall be submitted to ERD and the wetland buffer on the site plan must be modified appropriately to reflect the jurisdictional line and the County mandated 50 foot buffer. 12. Prior to the issuance of a Vegetation Removal Permit the Applicant shall provide an approved permit from FDEP for the proposed dune crossovers along with final drawings of the proposed dune crossovers including a cross -sectional view of the structures in relation to the dune elevation and vegetation. 13. Prior to the issuance of a Certificate of Occupancy for each residence the rope and bollard barrier to limit access to the dune shall be installed. 14. Prior to the issuance of a Vegetation Removal Permit, the applicant shall revise the Preserve Area Management and Monitoring Plan (PAMMP) to explain as to how future overwashes and storm breaches will be prevented/avoided/repaired, as well as how the proposed oceanfront homes will be protected and submit a summary of methods proposed to prevent scarp formation on the seaward face of the dune. Although overwashes, storm breaches, and scarp formations are oftentimes natural phenomena, the applicant has included the beach area as a part of its preserve area, which shall be maintained in perpetuity, as stated in the PAMMP provided. Also, previous years storms have shown that overwashes in some cases completely destroy natural areas and structures landward of the primary dune. Proposed preserve areas must be restored and maintained following such events. SLC Comp Plan clearly states in Goal 7.2 that the County will strive to protect people and property from the effects of hurricane storm damage and will review future development proposals with that goal in mind. In addition, the dune preservation zone and associated coastal scrub in this project area has been identified as a Strategic Habitat Conservation Area for the threatened Southeastern Beach Mouse by the FWCC, making protection and preservation of this area especially important for listed species as well as for protection of private property. 15. Prior to the issuance of the first SLC building permit for this project, the applicant shall have planted the entire dune preservation area as needed, per the submitted PAMMP. Restored beaches (including re -vegetation) shall, to the maximum extent possible, resemble the characteristics of pre-existing or adjacent natural beaches in terms of sediment grain size, compaction, and beach slope. Restored and stabilized dunes shall, to the maximum extent possible, be similar in appearance to pre-existing or adjacent natural beaches in terms of profile, vegetation and sediment characteristics. Once the vegetation has become established, all irrigation shall cease and all associated equipment shall be removed from the dunes. The design and operation of sprinkler or irrigation systems shall not interfere with the normal development of sea turtle eggs in the nests or adversely affect emergent hatchlings. The dune will be restored to FDEP mandated elevations and replanted so as to achieve 100% coverage consisting of Sea Oats, Sea Grapes, and Saw Palmettos and/or other native salt and drought tolerant vegetation. If dune preservation plantings will occur during sea turtle season (March 1- November 15), then the dune planting plan should be included in the STPP with information concerning efforts that will be made to minimize impacts to nesting sea turtles. Restoration activities conducted during sea turtle season will, in many cases, October 9, 2007 Page 3 Resolution No. 07-291 File No.: MJSP #820071304 necessitate that a sea turtle biologist be present each day to survey and mark nests that occur in the area of restoration/construction. 16. Since the field surveys for this project were conducted 7/19/04, over three years ago and prior to two significant hurricane events that occurred in this county, and some of the species which may nest or burrow on -site would require more species -specific surveys in order to determine whether or not they are present, prior to approval of a vegetation removal permit for any portion of the Queen's Island Preserve site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department up-to-date species -specific survey results conducted per Florida Fish and Wildlife Commission and the U.S. Fish and Wildlife Service guidelines regarding listed species resident on or otherwise is significantly dependent upon (i.e.; gopher tortoise, sea turtles, beach mouse, indigo snake) the subject parcel of land. Per Comprehensive Plan Policy 8.1.8.10, if listed species are observed on -site, appropriate protection to the satisfaction of all parties shall be provided prior to approval of the development. Updated survey results should be provided to St. Lucie County, FWS, and FWC for further guidance on avoidance and minimization of impacts. 17. Prior to the issuance of the Certificate of Occupancy for each building constructed on this site a night-time lighting inspection shall be conducted by SLC ERD. All Lighting not in compliance with Chapter 6.04.02 will be brought into compliance or removed. 18. Prior to the issuance of all Certificate of Occupancies within the Queen's Island Preserve community each residence shall be provided a copy of the Preserve Area Management and Monitoring Plan, the Florida Yards & Neighborhoods Guide to Florida Friendly Landscaping, and the Declaration of Covenants, Conditions and Restrictions for Queen's Island Preserve and at the time that the Association is turned over from the developer to the residents a copy of each document shall be provided to the Homeowner's Association. 19. Prior to the issuance of a Vegetation Removal Permit, an executed (signed) and recorded copy of the conservation easement document must be provided. Following Major Site Plan Approval, the Applicant will work with the County Attorney's office to draft a form acceptable to both, at a minimum, the conservation easement, made in favor of St. Lucie County, shall cover all preserve areas and include a copy of the site plan or a map of areas to be covered by conservation easement, and a legal description and number of acres covered by the conservation easement. Please be sure to include the following statements 1) The Queens Island Preserve Homeowners Association, Inc. shall maintain in perpetuity, the lands dedicated as a conservation easement in accordance with the approved Preserve Area Management and Monitoring Plan, revised (insert date). Further, the Queens Island Preserve Homeowners Association, Inc. agrees that it shall take private enforcement action against any member of the Queens Island Preserve Homeowners Association, Inc. who violates the rules relating to use/maintenance of the designated easement." and 2) "Preserve Areas shall be maintained in perpetuity by the Queens Island Preserve Homeowners Association, Inc. and a qualified maintenance company. Such maintenance shall include, but is not limited to, exotic vegetation removal, replanting with appropriate native vegetation, vine control, and removal of trash and debris. Maintenance schedule should be so as to October 9, 2007 Resolution No. 07-291 Page 4 File No.: MJSP #820071304 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 keep the preserve areas ecologically functional and high quality, as well as a minimum 90% free of exotic vegetation." 20. The Environmental Resources Department recommends that the St. Lucie County Board of County Commissioners consider approving this project with a condition of approval that the Applicant redesign the site to eliminate the internal driveway, servicing the proposed lots on the east side of A1A, replace with five combined driveways, each driveway serving 2 lots, directly off A1A and shift the ten proposed lots as far westward as possible. The Applicant would then reschedule a pre - application meeting with the Florida Department of Transportation and present an alternative plan showing the shared driveway. Should the FDOT deny the alternative plan then the plan with the one entrance off A1A will be considered the only permissible layout and therefore be approved by the Board. 21. Should the SLC BOCC require a site plan revision, a condition of approval shall be that prior to the issuance of a SLC vegetation removal permit, the applicant shall revise the Dune Preservation Area, Conservation Easement, and Preserve Area Management Plan to reflect the final dune preservation zone delineation. 22. Prior to the issuance of the first SLC building permit for this project, the applicant shall provide verification that FDEP has agreed with the delineation of the Dune Preservation Zone, including applicant's surveyed elevations, as this verification will confirm that the area of Dune Preservation Zone meets the County dune elevation requirements. 23. The Applicant shall follow the procedures as outlined in Section 11.03.00 Procedure for Platting of the St. Lucie County Land Development Code as a condition of the Final Development Order and approved by the Board of County Commissioners. 24. The developer, his successors or assigns, are not relieved from the responsibility of obtaining the necessary permits required by Federal, State, and Local jurisdictional agencies not mentioned within this resolution. B. The property on which this Major Site Plan approval is being granted is described as follows: October 9, 2007 Page 5 Resolution No. 07-291 File No.: MJSP #820071304 C. This Major Site Plan Approval shall expire on October 8, 2009, in accordance with Section 11.02.06(A)(1), of the St. Lucie County Land Development Code (LDC), unless an extension is granted in accordance with Section 11.02.06(B)(2), of the LDC. D. The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the Petitioner, Acorn Development, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. The conditions set forth in Part A are an integral non -severable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the conditional use 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 plan shall be placed on file with the St. Lucie County Growth Management Director. G. A copy of this Resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. H. This Resolution shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: C_ airman Chris Craft XXX Vice Cfiir,Cpan Joseph E. Smith XXX Commissioner, Doug Coward XXX ommissloner harles Grande XXX Co,mmissionerPaula A. Lewis XXX PASSED AND DULY ADOPTED this 9th day of October, 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA October 9, 2007 Resolution No. 07-291 Page 6 File No.: MJSP #820071304 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST Chairman APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney October 9, 2007 Resolution No. 07-291 Page 7 File No.: MJSP #820071304 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 October 9, 2007 Page 8 Exhibit A Maps Resolution No. 07-291 File No.: MJSP #820071304 a� 0 N i6 N 00 i ' �! `r a i� / ! a CD l4po W i�an Olon r/7 filar / �:' I f I �a9oor of - 'b 10 Rl�el aR � ! -n sny!0 leP� m II is 4lSZ S e 21) 0 N Y'r O EI Y P I (� d s MIS ennf 3S Nod PJ Ptl �!Nmaf �ouuml'3 r' m m r eiewysep g I P21 111.z lo1 ej v 4� MI u ^ MH s alit A-H e8ul)1 Imld � 'Y Pnl9 §Iwef174� �' I PiJ aloulwa5 N f �I 1 (93 Pb uesPaw3. K dq d q g P2 umlauyof I PN uNsuyef tm �� POryn . Qy'W'IFm Om cr I U � I _ U i c m VI a paoa uuiyg i_ PH gulf a ea C I w m i —pyjleue� �apeaH n � 1 o ti ry nl I U P21 !PIeH I. -PI � ! I I PH paaug Pb uo1Peo I r 1 I I m � I � m w 1 o I I I I 'c I I I II I i �________— ____—_— Alunop aogogaaagp Z'i E 7 I & v MIA A petition of Queens Island Preserve for Major Site Plan Approval for a 16 lot subdivision I \ I \ 4 \ \ I \ \ I \ \ I \ \ I , \ I \ \ I , I � \ I \ I \ 1 N A MAJESTICWAYE o - - - - - - �r/1 N `• B M E M Z O 1 CO, p E J E J N R R 5 \\ 5 \ F N F N N F *K' Q D N M y ` �Z U, —a, c i �U, p M N = B M W fi K E E Q A N coD C Z ' A Z LLIN Lij w SOVEREIGN WAY I , \ w D ^ Z) N t F B E D U) D W 9 j L 1 \ 1z \\ 1 19 14 15 \ \ tfi 17 1B \ 19 \\ \ 10 \ 31 MJSP 820071304 Subject property AN Gsuwtlt .Management Deyarfinent . \ Coastal Construction Control Line Map prepared August 23, 2007 N MO. IA JOEST CI.MAY.s /t To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: Agenda Request Board of County Commissioners Growth Management Department AG — PUD Open Space See Memorandum of October 5, 2007, attached. N/A Item Number Qyc� S Meeting Date: Consent [ ] Regular [�Q Public Hearing [ ] Leg. [ ] Quasi -JD ( ] Presented By rV� Gro h Management Director PREVIOUS ACTION: At the AG PUD Open Space Workshop on October 4, 2007, the Board of County Commissioners directed staff to provide information on the Agricultural Planned Unit Development applications currently under review and provide a list of interested individuals for the Citizens Steering Committee. RECOMMENDATION: COMMISSION ACTION: 0 APPROVED OTHER No Action Required County Attorney E.R.D.: Cty. Engineer: To provide direction to Staff if needed. 0 DENIED Coordination/ Signatures Mgt. & Budget: Public Works: Other: CONC ENCE: D uglas M. Anderson County Administrator Purchasing: Cty. Surveyor: Other: Form No. 07-07 GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: Board of County Commissioners FROM: Mark Satterlee, Growth Management Direc' DATE: October 5, 2007 SUBJECT: PUD Applications Currently Under Review (AG — .5 & AG — 5) The following is a list of all Planned Unit Development (PUD) applications that are currently under review and located within the AG — 2.5 (Agriculture — 1 du/2.5 acres) and AG — 5 (Agriculture —1 du/5 acres) Land Use Categories: Pendina Projects in AG - 2.5 FLU: Application Received Total I Creekside Addition I PUD 1 4/2/2007 1 40 1 Preliminary Aooroval I Pendina Proiects in AG - 5 FLU: Application Received Total Proiant Name Tuna nata t1nibe Statiin Bluefield Country Estates PUD 2/3/2006 118 Awaiting Revision Shinn 251 PUD 1/27/2006 50 Pending Technical Review Shinn Road Equestrian Estates PUD 1/12/2006 106 On Hold C-24 AG PUD PUD 10/20/2006 60 Awaiting Revision Hunters Run PUD 1 7/17/2007 67 Pending P&Z Shinn Lakes PUD 1 2/2/2006 76 Pending P&Z The Committee Application and a list of applicants, to date, are attached for your review and information. Please let me know if you have any questions. COUNTY `'` F L O R 1 D A St. Lucie County Board of County Commissioners The minimum requirements for committee membership are: • Must be a County resident • Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest. • Must not be employed by the same business entity as other committee members. • Must not serve on more than 2 County committees Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. Please indicate the committee(s) you are interested in. See the list below. 2. Name: Phone: E-Mail: 3. Home address: 4. Which commission district do you live in? 5. Business/Occupation 6. Business address: 7.. Brief resume of education & experience: (Please attach resume) 8. Do you currently serve on a county committee(s)? If so, please list: 9. Why do you think you are qualified to serve on the committee(s) indicated? 10. Would you consider serving on another board other than the one(s) stated above? (Please specify) 11. Comments: SIGNATURE: DATE: The purpose of this Public Committee is to assist St. Lucie County Growth Management Staff regarding Ordinance No. 07- 031 and for Directly Related Land Development Regulations, which Sunsets upon approval of Ordinance No. 07-031 or at which time the County deems necessary. APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 2 z a 0 c o M d c P a c c E o p U E U U U N y U U U U U U U U N N O L O L t t O L O L L Q+ L = Q m m L L O) (y O 0 � U ON N Y E?48), c C Q N m m U C CO tC0 W N E W o RL c N o N n C N C LL M W y j O c m N U d p N � N = c L = c x W y > m u v' m c d d v y 6 a? y E m W m E c W o 2 m a ac C OlN O <0 C �o d LL J pp �p U FW a U E C x E E y � u - r ` N L C C O cD co CD O In co in O O N O O c7 cD M O cM < O cD N L N d c0 M h a m N c� N N cN0 N O O co ap Ir M N m t� h cD O� V N M c0 h c`] cp c0 V 41i h N aC W _ cD cD O c0 t7 In OC L6 6 cp c0 A cl1 N N M OI N a N m c0 N M V q a c0 R M N N c00 N h N h N h N h h N h (V h N h N h N h N h N h N R N N N 1A h h h h h h h h h h h h h h 4O N c0 10 cD N h h h h h CN � N W 2 M N V N M a J a M a JW LL '� O c�+� J O LL LLCD J LL J LL R M N ` N LLJ LL J V LL N J m LL J J J LL d J U y LL LL U LL 7 M J c7 J U O L O N d N N a U J JLL J ri LL � a � aO LL cyr O LOLom oa LL O ° acJ o U • m�e u rcIr a ° u 2p O LL rr o L cE #d a 0 q 0 ?caLco°n cE mo m Q r m > ° o U W m 0 W YN m dQQco 7 UU Q V ( N QJLUaOL >C UWzm4S o Gd0 No N0NM N � .0N a' a00 fq N M N N t7 N N w N S O CCL W J `m ?'" m N ❑ L O w d r p E o E € Y m c c c c ° 'c om z a NE o IL m Z E O U N U O ¢ O E a L �S N o o r m d in a LLI E _m Y�Y N J O C c U ❑ O d y C = yo y N L O U C m 'o m m T J m D t5 in a. 0 m m w 'c o o 3 w °d ao m° 0 m° $ ❑o CONSENT AGENDA ITEMS 10/03/07 FZABWARR FUND TITLE 001 001167 001176 001180 001182 001183 001404 001418 001420 001814 101 101001 101002 101003 101004 101006 102 102001 102803 104 105 107 107001 107002 107006 107204 129 130 140 140347 150 160 183 183001 183003 183004 184205 184209 185008 185009 189201 310002 316 316001 317 401 418 451 ST. LUCIE COUNTY - BOARD WARRANT LIST #53- 29-SEP-2007 TO 03-OCT-2007 FUND SUMMARY General Fund FTA Section 5303 Grant FY 05 FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr CSBG Grant FY07 Section 112/MPO/FHWA/Planning 2007 05 CDBG Sup Disaster Recovery FDCA EMPA FY07 TDC Planning Grant 07 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 Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park, S L C Stormwtr Imp. Grants & Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Parks MSTU Fund SLC Public Transit MSTU Port & Airport Fund Rehab Runway 9/27 Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court FDEP Fort Pierce Shore Protection P FDEP - Fort Pierce Shore Protection FHFA Hurricane Housing Recovery FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery Pla Impact Fees -Parks County Capital Transportation Capital County Capital -St Revenue Share Bnd Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund EXPENSES 276,784.80 45.50 7,953.00 40.19 17,090.69 8,394.34 315.94 390.74 126.36 274.20 9,898.64 0.00 16,365.16 51,135.08 9,140.04 178,845.00 27,296.72 78,594.61 750.00 151,565.00 1,777.50 27,559.17 1,283.07 414.60 2,911.07 296.90 199.50 1,955.84- 9,544.70 145,612.61 328.50 669.06 772.60 80.00 125.00 1,494.73 794.96 20,982.28 775.07 51.79 1,042.10 2,015.50 27,975.60 203,192.40 433,428.00 281,216.71 7,352.51 16,209.91 PAGE 1 PAYROLL 640,599.89 0.00 0.00 251.01 3,512.80 4,932.58 1,866.48 0.00 0.00 1,391.91 45,397.08 944.06 45,616.90 35,236.33 20,486.14 0.00 84,839.62 51961.10 0.00 0.00 0.00 134,381.73 1,049.60 2,066.40 8,459.78 1,507.10 0.00 0.00 15,565.52 0.00 1,113.60 3,273.43 0.00 0.00 0.00 3,975.52 0.00 0.00 0.00 0.00 1,866.64 0.00 0.00 0.00 0.00 67,347.76 22,149.57 1,691.68 10/03/07 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #53- 29-SEP-2007 TO 03-OCT-2007 FUND SUMMARY FUND TITLE EXPENSES 458 SH Util-Renewal & Replacement Fund 93.04 461 Sports Complex Fund 12,617.55 471 No County Utility District-Operatin 96,838.21 478 No Cty Util Dist -Renewal & Replace 256.77 479 No Cty Util Dist -Capital Facilities 266.12 491 Building Code Fund 11,165.35 505 Health Insurance Fund 121,315.95 505001 Property/Casualty Insurance Fund 6,027.20 625 Law Library 670.69 630 Tax Deed Overbid Agency Fund 6,203.42 665 SLC Art in Public Places Trust Fund 1,727.82 GRAND TOTAL: 2,278,338.13 PAYROLL 670.81 18,347.58 8,334.26 1,408.43 1,228.31 56,531.35 3,648.80 2,272.00 0.00 0.00 0.00 1,247,925.77 10/03/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #53- 29-SEP-2007 TO 03-OCT-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 132,918.84 39,465.63 145121 SJWMD/NATL EST Blind Creek Wetland 108,097.00 0.00 GRAND TOTAL: 241,015.84 39,465.63 10/03/07 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #53- 29-SEP-2007 TO 03-OCT-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 970.78 GRAND TOTAL: 970.78 PAGE 1 PAYROLL 4,713.60 4,713.60 10/05/07 FZABWARR FUND TITLE 001 001180 001182 001183 001404 001814 101 101001 101002 101003 101004 102 102001 107 107001 107002 107006 107204 140 150 160 183004 189201 204 215 216 217 282 401 418 451 458 461 471 478 479 491 505 505001 611 615 655 801 ST. LUCIE COUNTY - BOARD WARRANT LIST # 1- 04-OCT-2007 TO 05-OCT-2007 FUND SUMMARY General Fund US Dept Housing HUD Shelter Plus Gr CSBG Grant FY07 Section 112/MPO/FHWA/Planning 2007 O5 CDBG Sup Disaster Recovery Floridian Aguifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Port & Airport Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Admin.- Teen Court FHFC Hurricane Housing Recovery Pla Communication System I&S Fund Sales Tax Revenue Bonds I&S Fund County Capital I&S State Revenue Sharing Bonds I&S Fnd Environmental Land I&S Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Insurance Agency Fund Bank Fund GRAND TOTAL: EXPENSES 3,600,610.13 18.58 263.03 370.41 132.52 106.48 3,358.67 72.22 3,333.68 2,602.00 1,502.31 9,233.36 97,852.15 3,746,958.14 80.03 10,486.49 630.94 115.30 1,149.38 77.83 244.22 304.18 132.53 113,675.00 3,377,015.64 58,472.29 702,168.76 1,388,105.00 19,538.36 1,636.67 125.10 49.59 1,362.06 639,967.25 104.68 91.60 4,388.63 3,941.19- 1,003,185.34 1,500.00 93,844.15 149,247.24 245,282.38 15,275,453.13 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10/05/07 ST. LUCIE COUNTY - HOARD FZABWARR WARRANT LIST # 1- 04-OCT-2007 TO 05-OCT-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 2,901.89 GRAND TOTAL: 2,901.89 PAGE 1 PAYROLL 0.00 0.00 10/05/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST # 1- 04-OCT-2007 TO 05-OCT-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 347.05 0.00 GRAND TOTAL: 347.05 0.00 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2A DATE: October 9, 2007 REGULAR[ ] PUBLIC HEAPING( ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Second Amendment to Interlocal Agreement - Security Rates BACKGROUND: See CA Number 07-1613 FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board approve the Second Amendment to the Interlocal Agreement, raising the hourly rates of deputies and supervisors effective October 1, 2007 COMMISSION ACTION: ] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [ ) County Attorney: [ ] Originating Dept.: Finance: (Check for Copy only, if applicable) CONCURRENCE: Douglas Anderson County Administrator Review and Approvals [ ] Environmental: [ ] County Engineer: [ J Road 4 Bridge: [ ] OMB: INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 07-1613 DATE: September 14, 2007 SUBJECT: Second Amendment to Interlocal Agreement - Security Rates BACKGROUND: On February 19, 2002, the County entered into an Interlocal Agreement with the St. Lucie County Sheriff in which the Sheriff agreed to periodically provide security for County facilities. On October 1, 2005, the Sheriff raised the hourly rates from twenty-five dollars per hour per deputy to twenty-seven dollars per hour per deputy and from twenty-seven dollars per hour per supervisor to thirty dollars per hour per supervisor. Effective October 1, 2007, the Sheriff will raise the hourly rates from twenty-seven dollars per hour per deputy to thirty-two dollars per hour per deputy and from thirty dollars per hour per supervisor to thirty-five dollars per hour per supervisor. (Please see attached memorandum from Chief Deputy Garry P. Wilson.) RECOMMENDATION/CONCLUSION: Staff recommends approving the Second Amendment to the Interlocal Agreement, raising the hourly rates of deputies and supervisors effective October 1, 2007. KMS/cn Respectfully submitted Katherine Mac <enzie-Smith Assistant County Attorney -1- Memo To: Carol Bishop, County AZye's Office From: Chief Deputy Garry R. IF t Date: September 10, 2007 Re: Amendment to Interlocal Agreement (CO2-02-261) —Rate Increase Please make the following changes (which are indicated below in bold, italic type) to the February 19, 2002 Interlocal Agreement (first amendment attached). These changes will become effective October 1, 2007. Item one of the agreement should be amended to read as follows: County Responsibilities. The following shall be added to the end of paragraph two of the agreement: Effective October 1, 2007, the rates shall be thirty-two and 00/100 ($32) per hour per deputy and thirty- five and 00/100 dollars ($35) per hour per supervisor. Should you have any questions, please feel free to contact me at 462-3210. /ts Attachment C_� • A 1 FIRST AMENDMENT TO FEBRUARY 19, 2002 AGREEMENT CO2-02-261 THIS FIRST AMENDMENT is dated this 01- day of % M rj. 2006, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County"and ST. LUCIE COUNTY SHERIFF., their successors, executors, administrators, and assigns, hereinafter referred to as "Sheriff'. WHEREAS, on February 19, 2002, the parties entered into an Interlocal Agreement, hereinafter referred to as the "Agreement,"which was recorded in Official Records Book 1500 at page 2224, of the public records of St. Lucie County, Florida, wherein the parties agreed that the Sheriff would periodically provide security for County facilities; and, WHEREAS, the parties desire to amend the Agreement to change the rates of compensation. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. The following shall be added to the end of paragraph two of the agreement: Effective October 1 2005 the rates shall be twenty-seven and 00/100 dollars ($27.00) perhour per deputy and thirty and 00/100 dollars ($30.00) per hour per supervisor. 2. Except as amended herein, the remaining terms and conditions ofthe 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. 0 ATTEST: DEPUTY CLERK EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE ! 2630467 04/1=006 at 01:16 PM OR BOOK 2531 PAGE 622 - 623 Doc Type; AGR RECORDING: $18.50 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY FLORIDA BY Z _ CHAI AN APPROVED AS TO -1- COUNTY A SECOND AMENDMENT TO FEBRUARY 19, 2002 AGREEMENT CO2-02-261 THIS SECOND 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 ST. LUCIE COUNTY SHERIFF, their successors, executors, administrators, and assigns, hereinafter referred to as "Sheriff'. WHEREAS, on February 19, 2002, the parties entered into an Interlocal Agreement, hereinafter referred to as the "Agreement', which was recorded in Official Records Book 1500 at page 2224, of the public records of St. Lucie County, Florida, wherein the parties agreed that the Sheriff would periodically provide security for County facilities; and, WHEREAS, on March 28', 2006, the parties entered into a First Amendment to the Agreement increasing the rates; and, WHEREAS, the parties desire to amend the Agreement to change the rates of compensation. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph two of the Agreement shall be amended to read as follows: The County shall notify the Sheriff when it determines additional security is required for a County facility and the date(s) and time for such additional security. Effective October 1, 2007 the rates shall be thirty-two and 00/100 dollars ($32.00) per hour per deputy and thirty-five and 00/100 dollars ($35.00) per hour per supervisor. 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 Second Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY SHERIFF KEN J. MASCARA AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2B DATE: October 9, 2007 REGULAR [ ] PUBLIC HEARING( ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Fifth Amendment to Interlocal Agreement - Weekend Work Program BACKGROUND: See CA Number 07-1619 FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board approve the Fifth Amendment to the Inter local Agreement, raising the hourly rates of deputies and supervisors effective October 1, 2007 COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [ ] County Attorney: 1-16 [ ] Originating Dept.: Finance: (Check for Copy only, if applicable) CONCURRENCE: z Z' .. Douglas Anderson County Administrator Review and Approvals [ ] Environmental: [ ] County Engineer: [ ] Road d Bridge: [ ] OMB: INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 07-1619 DATE: September 14, 2007 SUBJECT: Weekend Work Program - Fifth Amendment to Interlocal Agreement BACKGROUND: On March 4",1997, the County entered into an Interlocal Agreement with the St. Lucie County Sheriff to implement a weekend work program for County Public Works projects utilizing the services of County inmates in the custody of the Sheriff. The agreement provided for the County to pay the off duty detail rate of eighteen and 00/100 dollars ($18.00) per hour paid to deputies assigned to supervise the inmates. On April 4`n, 2000, the agreement was amended to reflect an increase in the hourly rate paid to deputies and supervisors. The amendment provided for deputies to be paid twenty and 00/100 dollars ($20.00) per hour and supervisors to be paid twenty-two and 00/100 dollars ($22.00) per hour. On December 18", 2001, the agreement was amended to reflect an increase in the hourly rate to deputies and supervisors. The amendment provided for deputies to be paid twenty-five and 00/100 ($25.00) per hour and supervisors to be paid twenty-seven and 00/100 dollars ($27.00) per hour. On June 28', 2005, the agreement was amended to forward payment directly to the Sheriff. On September 27`n 2005, the agreement was amended to reflect an increase in the overtime rate paid to deputies and supervisors. The amendment provided for deputies to be paid twenty-seven and 00/100 dollars ($27.00) per hour per deputy with a three (3) hour minimum per day and supervisors thirty and 00/100 dollars ($30.00) per hour with a three (3) hour minimum per day. On October Pt, 2007, the Sheriff will raise the hourly to thirty-two dollars ($32.00) per hour per deputy and thirty-five and 00/ 100 (S35.00) dollars per hour per supervisor. (Please see attached memorandum from Chief Deputy Gary P. Wilson.) RECOMMENDATION/CONCLUSION: Staff recommends approving the Fifth Amendment to the Interlocal Agreement, raising the hourly rates of deputies and supervisors effective October 1, 2007. KMS/cn Respectfully submitted Katherine Mackenzie -Smith Assistant County Attorney -1- Menwraf� To: Carol Bishop, County Atto y's Office From: Chief Deputy Garry R. Wi b, Date: September 10, 2007 Re: Amendment to Interlocal Agreement (C97-03-352) — Rate Increase Please make the following changes (which are indicated below in bold, italic type) to the March 4, 1997 Interlocal Agreement (fourth amendment attached). These changes will become effective October 1, 2007. Item one of the agreement should be amended to read as follows: County Responsibilities. The County shall provide the work assignment(s) to be utilized by the Sheriff for the weekend work program in the amount equal to thirty-two dollars ($32) per hour per deputy with a three (3) hour minimum per day. In the event a supervisor is required to be on site, the rate shall be thirty-five dollars ($35) per hour with a three (3) hour minimum per day. The County shall directly forward payment to the Sheriff for such services. Should you have any questions, please feel free to contact me at 462-3210. /ts Attachment �^ t9k ' FOURTH AMENDMENT TO MARCH 4, 1997 INTERLOCAL AGREEMENT THIS FOURTH AMENDMENT is made this day of 2005, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" and the ST. LUCIE COUNTY SHERIFF, hereinafter referred to as "Sheriff'. WHEREAS, on March 4, 1997, the County entered into an Interlocal Agreement with the Sheriff, referred to as the "Agreement," which was recorded in Official Records Book 1068 at page 752, of the public records of St. Lucie County, Florida, wherein the parties agreed to implement a work program for County public works projects utilizing the services of County inmates in the custody of the Sheriff, and, WHEREAS, effective March 1, 2000, the parties entered into a First Amendment to the Agreement which reflected an increase in the hourly rate paid to deputies and supervisor for off duty detail which was recorded in Official Records Book 1293 at page 2457 of the public records of St. Lucie County, Florida; and, WHEREAS, effective December 18, 2001, the parties entered into a Second Amendment to the Agreement which reflected an increase in the overtime rate paid to deputies and supervisors effective January 1, 2002; and, WHEREAS, effective June 28, 2005, the parties entered into a Third Amendment to the Agreement which permitted the County to forward payment to the Sheriff for such services; and, WHEREAS, the parties now desire to further amend the Agreement to reflect an increase in the overtime rate paid to deputies and supervisors effective October 1, 2005. C:0ocumen is and Settings\SchwabT.SLCSO\Local Settings\Temp�GV: iliewer\sherifL: SAINT LUCIE COUNTYERK OF THE CIRCUIT COURT FILE 0 2784998 01/24/2006 all 1:20 AM OR BOOK 2469 PAGE 382 - 383 Doc Type: AGR RECORDING: $18.50 FIFTH AMENDMENT TO MARCH 4,1997 AGREEMENT C97-03-352 THIS SECOND 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 ST. LUCIE COUNTY SHERIFF, their successors, executors, administrators, and assigns, hereinafter referred to as "Sheriff'. WHEREAS, on March 4",1997, the County entered into an Interlocal Agreement with the Sheriff, referred to as the "Agreement", which was recorded in Official Records Book 1068 at page 752, of the public records of St. Lucie County, Florida, wherein the parties agreed to implement a work program for County public works projects utilizing the services of County inmates in the custody of the Sheriff; and, WHEREAS, effective March 1s`, 2000, the parties entered into a First Amendment to the Agreement which reflected an increase in the hourly rate paid to deputies and supervisor for off duty detail, which was recorded in Official Records Book 1293 at page 2457 of the public records of St. Lucie County, Florida; and, WHEREAS, effective December 18", 2001, the parties entered into a Second Amendment to the Agreement which reflected an increase in the overtime rate paid to deputies and supervisor effective January V, 2002; and, WHEREAS, effective June 28', 2005, the parties entered into a Third Amendment to the Agreement which permitted the County to forward payment to the Sheriff for such services; and, WHEREAS, effective September 27", 2005, the parties entered into a Fourth Amendment to the Agreement which reflected an increase in the overtime rate paid to deputies and supervisors effective October 1", 2005; and, WHEREAS, the parties now desire to further amend the Agreement to reflect an increase in the hourly rate paid to deputies and supervisors for off duty detail effective October V, 2007. NOW, THEREFORE, in consideration of the mutualpromises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph two of the Agreement shall be amended to read as follows: The County shall provide work assignment(s) to be utilized by the Sheriff for the weekend work program in an amount equal to thirty-two dollars and 00/100 dollars ($32.00) per hour per deputy with a three (3) hour minimum per day. In the event a supervisor is required to be on site, the rate shall be thirty-five and 00/100 dollars ($35.00) per hour with a three (3) hour minimum per day. The County shall directly forward payment to the Sheriff for such services. 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 Second Amendment by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY SHERIFF KEN J. MASCARA AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. C-2.0 Date: October 9, 2007 Regular [ ] Public Hearing [ ] Consent [ X ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Agri -Science Education Center - Third Amendment to Interlocal Agreement with St. Lucie County School Board BACKGROUND: See C.A. No. 07-1652 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Third Amendment to the Interlocal Agreement with the School Board for the Agri -Science Education Center, and authorize the Chairman to sign the Third Amendment. COMMISSION ACTION: pcJ APPROVED [ ] DENIED [ ] OTHER: County )4Originating Dept. Finance (Check for Copy only, Coordi nation/Si2natu res Mgt. & Budget: Other: 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: 07-1652 DATE: September 19, 2007 SUBJECT: Agri -Science Education Center - Third Amendment to Interlocal Agreement with St. Lucie County School Board BACKGROUND: Attached to this memorandum is a copy of a proposed Third Amendment to the Interlocal Agreement with the St. Lucie County School Board for the Agri -Science Education Center. The original interlocal agreement provided for the County and the School Board to each pay fifty percent (50%) of the salary and benefit costs for the Agri -Science Instructor/Leader at the Center. The School Board assumed full responsibility for these costs effective September 4, 2007. In return, the County and the School Board would split the cost of the Vocational Agricultural Technician's salary and benefits effective October 1, 2007. The Third Amendment provides for this shift in costs. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Third Amendment to the Interlocal Agreement with the School Board for the Agri -Science Education Center, and authorize the Chairman to sign the Third Amendment. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Cooperative Extension Director Finance Director Human Resources Director Management and Budget Director THIRD AMENDMENT TO INTERLOCAL AGREEMENT between ST. LUCIE COUNTY SCHOOL BOARD and ST. LUCIE COUNTY relating to AGRI-SCIENCE EDUCATION CENTER THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT is made this day of , 2007, by and between the ST. LUCIE COUNTY SCHOOL BOARD, hereinafter referred to as "School," and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County." WHEREAS, on June 4, 2002, the parties entered into an interlocal agreement ("Agreement") which provided for the joint funding and operation of the Agri -Science Education Center ("Center"); and, WHEREAS, on September 23, 2003, the parties entered into a First Amendment to the Agreement which provided for the County to relocate certain equipment to the Center to be used primarily for the operation of the Center with periodic use on other County projects; and, WHEREAS, on April 12, 2005, the parties entered into a Second Amendment to the Agreement which provided for the purchase of a full size, four wheel drive truck for use by the Center staff. WHEREAS, the Agreement provides for the parties to share equally in the cost of the salary and benefits for the Agri -Science Instructor/Leader; and, WHEREAS, the School is willing to assume full responsibility for the Agri -Science Instructor/Leader's salary and benefits effective retroactively to. September 4, 2007; and, WHEREAS, the County is willing to assume responsibility for fifty percent (50%) of the salary and benefits for the Agri -Science Technician, f/k/a Vocational Agricultural Technician. salary and benefits effective October 1, 2007. NOW, THEREFORE, in consideration of the mutual advantages accruing to the parties and the benefits, promises, and consideration hereinafter set out, the School and the County agree as follows: 1. Paragraph 3.A of the Agreement is hereby amended to read as follows: 3. COUNTY RESPONSIBILITIES The County's responsibilities hereunder shall be as follows: A. On or before July 1, 2002, the County shall hire the following full-time employees to be assigned to the Center: (1) Agri -Science Instructor/Leader (2) Agri -Science Technician, f/k/a Vocational Agricultural Technician The qualifications, salary and benefits, and job duties for these positions shall be as agreed upon by parties. Beginning on the effective date of this Agreement and running through and including September 3, 2007, the County shall be responsible for fifty percent (50%) of the cost of the Agri - Science Instructor/Leader's salary and benefits. Effective October 1, 2007, the County shall be responsible for fifty percent (50%) of the cost of the Agri -Science Technician's salary and benefits. The County shall require a satisfactory background check, including fingerprinting, prior to the hiring of any employee pursuant to this Agreement. The employees shall be subject to the employee regulations of both parties. The employees will be jointly supervised and evaluated by the County Extension Director and the principal of Fort Pierce Westwood High School. 2. Paragraph 4.A of the Agreement is hereby amended to read as follows: 4. SCHOOL RESPONSIBILITIES. The School's responsibilities hereunder shall be as follows: A. Beginning on the effective date of this Agreement and running through and including September 30, 2007, the School shall be responsible for one hundred percent (100%) of the cost of the salary and benefits for the Agri -Science Technician. Effective October 1, 2007, the School shall be responsible for fifty percent (50%) of the cost of the Agri -Science Technician's salary and benefits. Beginning on the effective date of this Agreement and running through and September 3, 2007, the School shall be responsible for fifty percent (50%) of the cost of the Agri -Science Instructor/Leader's salary and benefits. Effective September 4, 2007, the School shall be responsible for one hundred percent (100%) of the cost of the salary and benefits for the Agri -Science Instructor/Leader. The employees shall be subject to the employee regulations of both parties. The employees will be jointly supervised and evaluated by the County Extension Director and the principal of Fort Pierce Westwood High School. 3. This Third Amendment shall take effect retroactively on September 4, 2007. 10) 4. All other terms of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date aforesaid. ATTEST: RIN Deputy Clerk ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA IC Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney ST. LUCIE COUNTY SCHOOL BOARD BY: BY: Chairman APPROVED AS TO FORM AND CORRECTNESS :• g:\atty\agreemnt\interloc\3a-agriscience.wpd 3 School Board Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO.C2D DATE: October 9, 2007 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[XI PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Amendment to Revocable License Agreement Dated November 25, 2003 698 Rio Vista Drive Robert Norton and Leilani Chandler BACKGROUND: FUNDS AVAILABLE PREVIOUS ACTION: See Attached Memorandum N/A RECOMMENDATION: Staff recommends that the Board approve the Amendment to the Revocable License Agreement dated November 25, 2003, authorize the Chairman to sign the Amendment to the Revocable License Agreement and record the Amendment in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: fit] APPROVED [ ] OTHER Approved 5-0 CONCU E: [ ] DENIED Doug/asM.derson County Administrator Review and Approvals jx] County Attorney: ��[x] Road and Bridge._ [x] Public Works: [x] Originating Dept: r"� [x] Engineering: Myp [ ] Purchasing: ((r ' PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 9, 2007 SUBJECT: Amendment to Revocable License Agreement Dated November 25, 2003 698 Rio Vista Drive Robert Norton and Lei lani Chandler BACKGROUND: The Board of County Commissioners approved a Revocable License Agreement on November 25, 2003 allowing Robert Norton and Leilani Chandler to install eight (8) palm trees along their property that encroached six (6) feet within the County right-of-way of Rio Vista Drive. Staff received a complaint from a neighbor stating the palm trees were causing a sight distance problem. County staff visited the site and it was determined the trees were not in compliance with the Revocable License Agreement. The trees were not six (6) feet from the edge of the pavement and were not a sight distance hazard. The trees are planted 4-5 feet off the edge of the pavement. The County Engineer has agreed to allow the trees to remain where they have planted them (4-5 feet off the edge of the pavement) and suggested an Amendment to the Revocable License Agreement. RECOMMENDATION: Staff recommends that the Board approve the Amendment to the November 25, 2003 Revocable License Agreement, authorize the Chairman to sign the Amendment to the Revocable License Agreement and record the Amendment in the Public Records of St. Lucie County, Florida. Respectfully submitted, J An Riley Property Acquisition Manager AMENDMENT TO REVOCABLE LICENSE AGREEMENT BETWEEN ST. LUCIE COUNTY AND ROBERT H. NORTON AND LEILANI M. CHANDLER THIS AMENDMENT made and entered into on this day of 12007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and ROBERT H. NORTON,a single adult and LEILANI M. CHANDLER, a single adult, whose address is 698 Rio Vista Drive, Fort Pierce, Florida 34982, hereinafter referred to as "Owners". WITNESSETH: WHEREAS, on November 25, 2003, the parties entered into a Revocable License Agreement permitting the Owners to use the County's right-of-way known as Rio Vista Drive, to install eight (8) palm trees installed at least six (6) feet from the edge of the pavement and WHEREAS, the parties desire to amend the November 25, 2003 Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained the parties agree the November 25, 2003 Revocable License Agreement shall be amended as follows: 1. The eight (8) palm trees can be 4-5 feet from the edge of the pavement. This applies only to the eight (8) palm trees that were requested in the Revocable License Agreement dated November 25, 2003 and recorded in Official Record Book 1860, Page 329, St. Lucie County, Florida. No other plantings shall be installed in the County's right-of-way on Rio Vista Drive. 2. All other terms and conditions of the Revocable License Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to the Revocable License Agreement on the day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA M Deputy Clerk 1 Chairman WITNESSES: �6w+ (Print Name) r (Print Name) STATE OF FLORIDA COUNTY OF ST. LUCIE APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney ROBERT H. RTON 9IL�ANI M. HANDLER The foregoing instrument was acknowledged before me this � day of e4 4 ZA .r 2007, by ROBERT H. NORTON and LEILANI M. CHANDLER who produced r -'6' C-a— A (type of identification) or is personally known to me and who did take an oath. WITNESS my hand and official seal, this 31 day of u u.s 2007. PATRICIAPAOLWO nm ry Pubk - NO a flaww Signature of Notary Public Comm"= 9 DD IMN 2 i N„�,rnwyawio�tIN" My Commission Expires: a 10 o 2 Robert H. Norton Leilani M. Chandler 698 Rio Vista Drive Fort Pierce, FL 34982 (772)464-4609 Certified Mail Return Receipt Requested and Regular Mail July 29, 2007 Dar. McIntyre County Attorney 2300 Virginia Ave Fort Pierce, FL 34982 RE: Revocable License Agreement (the "Agreement") Dear Mr. McIntyre: TaR AUL x, This is a request for a modification of the license agreement entered into November 25, 2003 with St. Lucie County to install palm trees on the right-of-way on Rio Vista Drive. County Engineer, Michael Powley and County Commissioner, Chris Craft determined that the trees are not a hazard and are both in agreement that the trees should be allowed to remain where they are planted. The modification we are requesting is that the palm trees that are situated four to five feet from the edge of the pavement are acceptable. Sincerely yours, Robert H Norton Leilani M Chandler copy to: Michael Powley, County Engineer Chris Craft, County Commissioner Kristin Tetsworth, Planning Manager Michael & Cathy Knowles 681 Rio Vista Drive Fort Pierce, Florida 34982 772-460-9309 January 29, 2007 To whom it May Concern This letter is in reference to our neighbor Bob Norton, 698 Rio Vista Drive. Mr. Norton has a revocable license agreement issued by St Lucie County, to plant 8 palm trees on the county owned right-of-way, to be installed 6 feet from the edge of the pavement. 2 trees are 31/2 feet from the pavement, 2 are 41/2 and 2 are 5 feet from the pavement. In addition he has imported dirt and mounded it on the corner, coming out a distance of 14.6 feet from his property line, out onto the street. On top of this he has planted fast growing Florida trees. He has completely taken over the comer right of way, creating a hazard for vehicles coming around the corner. My husband and I both leave for work early in the morning; in the darkness we can no longer see on coming vehicles coming around the corner. Two vehicles can no longer pass; one is forced to pull over completely. There is no longer anywhere to pull onto, as the trees are now on the right- of- way. Mr. Norton does not have permission from the county to use this right-of-way as his own property. We are asking that he remove the mound of dirt and trees off of the right-of- way, as well as remove the palm trees that are not in compliance with his revocable agreement. Thank you for your attention to this matter. Sincerely, Cathy Knowles rr1 C�' x {,. J This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this Z day of POU G la (,04-2003, by and between ST. LUCIE COUNTY, apolitical subdivision of the State of Florida, (the "County") and ROBERT H. NORTON a single adult and LEILANI M. CHANDLER, a single adult, whose address is 698 Rio Vista Drive Ft. Pierce, Florida, 33982-7522. (Owners) WHEREAS, the Owners own property described as follows: Lot 8, RIO VISTA, according to the Plat thereof, as recorded in Plat Book 91 Page 6, of the Public Records of St. Lucie County, Florida -M C-, n � m m� WHEREAS, the County is the owner of the property described as: v THAT PORTION OF A COUNTY ROAD RIGHT-OF-WAY, KNOWN RIO VISTA DRIVE, LYING IN SECTION 26, min TOWNSHIP 35 SOUTH, RANGE 40 EAST, AS RECORDED IN .0 [-- .. _ 1 Ln L-., PLAT BOOK 9, PAGE 6, PUBLIC RECORDS OF ST. LUCIE cn G COUNTY, FLORIDA. WHEREAS, the Owners, desire to install approximately eight (8) palm trees in the County 2i i_ a right-of-way of Rio Vista Drive. The palm trees will be installed at least six(6) feet from the edge x• n m c a, of pavement as indicated on Exhibit "A." LJ w7 the County is willing to permit the Owners to use the Rio Vista Drive right-of- WHEREAS, r to install and maintain the palm trees, subject to the terms and conditions set forth in this; way, �J Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: The County agrees to grant the Owners a Revocable License for the purpose of installing approximately eight (8) palm trees as indicated in the attached sketch and incorporated herein as Exhibit "A." The palm trees will encroach the entire length of the Owner's property and will be at least six (6) feet from the edge of the pavement of Rio Vista Drive right-of-way. This Revocable License shall extend only to the above -referenced pahn trees and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License is to allow the Owners to install approximately eight (8) palm trees six (6) feet from the edge of the payment of Rio Vista Drive. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to keep and maintain the palm trees in the location identified in Exhibit "A." 4. The Owners shall install the palm trees in accordance with the Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards. The Owners shall also provide a Maintenance of Traffic Plan to the County for approval prior to construction and provide notice to the County Engineer and Road and Bridge Manager with a schedule for construction. 5. This Revocable License Agreement shall be binding on future successors and ided that Owners give adequate notice to the County pursuant to assignees of the Owners prov Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the 2 encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owners. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owners perform certain alterations to the palm trees, in the right-of-way of Rio Vista Drive, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the demise of the palm trees, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal or plugging of the right-of-way as directed by the County Engineer or Road and Bridge Manager, consistent with the specifications of the County in force at such time. g. The term of this Revocable License Agreement shall begin on the date first above o written and shall remain in effect unless otherwise revoked or abandoned as provided herein. o 9. Owners agree to relocate the referenced palm trees, at any time and at no cost to the a' County, if necessary for the maintenance or improvements of Rio Vista Drive by the County. L.1 10. The palm trees in the right-of-way of Rio Vista Drive shall be planted in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance activity will be subject to the written approval of the County Engineer or Road and Bridge Manager. 11. The Owners agree to allow County employees access to the location of the palm trees for County purposes as determined by the County Engineer or Road and Bridge Manager. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered 3 by messenger or carrier service, telecornmunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Robert H. Norton Leilani M. Chandler 698 Rio Vista Drive Ft, Pierce, Fl. 34982 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to County: Road and Bridge Manager 2300 Virginia Avenue Ft. Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered ifby personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owners agree to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owners shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owners shall pay any document excise taxes and the cost of recording this Revocable License Agreement. 0 r� w ro co C3 0 0 Co IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. AT ST: 7 7 ' DEPUTY ERK WITNESS: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CH APPROVED AS TO FORM AND 0 ROBERT H. ORTON WITNESS: �EILANI CHANDLER TAtOF Ff. F j L0 � C The foregoing instrument was acknowledged before me this �4— day of N6Vz--"2 . 2003, by ROBERT H. NORTON & LEILANI M. CHANDLER who produced I= I'C)t-t-4Q 1:�/-1 (type of identification) or is personally known to me and who did L I tj- ath. WITNESS my hand and official seal, this ' I day of Signature of Notary Public �yiN16NN6t:RCTN^&.4L.'ATtl.4SPVSM�C".""eW� 1%iDSYibMli�4/ Tom- r� L L Cwv {- ` tiT;fcr 1_ L OWE Name of Notary Public Typed, '011 COfffljjSIOIN k GU 133482 E, IF1ES July 14.2C06 Printed or Stamped i y� `• %,;; f' ° dcnDed Tnm Notarypu5!launmrorlrs,s J My Commission Expires 5 f7�g-,FS 73 44-'✓--7 200' oP AZZ0,46i -rc' '5--- S,Fr 771E Z &A 4 6 V1 S7-A rot8, in the oldivisi- )f Rio Vista Ls rajjjc}ad in Plat Ltck 9 , Page 6, if tie Pdolic PaDcrds CE St. Liri b.jity, Pkricla- EXHIBIT F FA AGENDA REQUEST ITEM NO. C-2.E Date: October 9, 2007 Regular[ ] Public Hearing[ ] Consent[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 07-058 - Amending 1-12-36 ("General Business") to correct a scrivener's error in the biennial increase for general businesses employing five (5) or fewer employees. BACKGROUND: See C.A. No. 07-1667 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 07-058 for public hearings on October 23, 2007, and November20, 2007. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-o Coordination/Signatures County Attorney: Mgt. & Budget: Originating Dept.: Other : CONCURRENCE: Douglas M. Anderson County Administrator Purchasing: Other : Finance (Check for Copy only, if applicable): f INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-1666 DATE: September 25, 2007 SUBJECT: Ordinance No. 07-058 - Amending Section 1-12-36 ("General Business") to correct a scrivener's error in the biennial increase for general businesses employing five (5) or fewer employees BACKGROUND: On September 4, 2007, the Board of County Commissioners adopted Ordinance No. 07-016 which changed "occupational license" to "business tax" and provided for the biennial increase permitted in accordance with Chapter 205, Florida Statutes. Following the adoption of the ordinance, the Tax Collector's office advised staff there was a scrivener's error in the increase for general businesses with five (5) or fewer employees. This amount should be $15.10 rather than $15.90. Attached to this memorandum is a copy of proposed Ordinance No. 07-058 which would correct this error. The proposed ordinance will take effect retroactively to October 1, 2007, which coincides with the effective date of Ordinance No. 07-016. RECOMMENDATION/CONCLUSION : Staff requests permission to advertise proposed Ordinance No. 07-058 for public hearings on October 23, 2007, and November 20, 2007. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Tax Collector Economic and Strategic Development Director Management and Budget Director ORDINANCE NO. 07-058 AN ORDINANCE AMENDING ARTICLE II OCCUPATIONAL LICENSE TAXES AND REGULATION OF CHAPTER 1-12 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, AMENDING SECTION 1-12-36 ("GENERAL BUSINESS") TO CORRECT A SCRIVENER'S ERROR, IN THE BIENNIAL INCREASE FOR GENERAL BUSINESSES EMPLOYING FIVE (5) OR FEWER EMPLOYEES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, EFFECTIVE DATE AND CODIFICATION. WHEREAS, the Board of County Commissioners ("Board") of St. Lucie County, Florida, has made the following determinations: 1. Section 205.032, Florida Statutes, provides for a county to adopt to levy an occupational license tax for the privilege of engaging in or managing any business, profession, or occupation with its jurisdiction. 2. Section 205.0535, Florida Statutes, authorizes the Board of County Commissioners to reclassify businesses, professions, and occupations and establish new rate structures following the review of the existing classification and rate structure by an Equity Study Commission. 3. On April 24,1994, the Board adopted Resolution No. 94-99 which established an Equity Study Commission to review the County's then existing occupational license taxes and recommend to the Board any revisions to the classifications and rate structure deemed appropriate. 4. On September 14, 1995, the Board adopted Ordinance No. 95-05 which incorporated the recommendations of the Equity Study Commission. 5. Subsection 205.0535(4), Florida Statutes, authorizes a county which has adopted a reclassification and revision ordinance pursuant to Subsections 205.0535(2) and (3), Florida Statutes, to increase the rates of local occupational license taxes by up to five percent (5%) every other year. 6. On October 1, 2000, the Board adopted Ordinance No. 00-06 which clarified certain provisions of the occupational license tax ordinance, provided for the deposit of seventy percent (70%) of the County's proceeds from the taxes to be deposited into the St. Lucie County Economic Development Trust Fund, and increased taxes as provided under Subsection 205.0535(4), Florida Statutes. 7. On August 2, 2005, the Board adopted Ordinance No. 05-014 which amended the occupational license tax ordinance in accordance with Subsection 205.0535(4), Florida Statutes, to further increase the occupational license taxes by an additional five percent (5%). trough passages are deleted. Underlined passages are added. -1- B. On September 4, 2007, this Board adopted Ordinance No. 07-016 which amended Article II, Chapter 12 of the St. Lucie County Code of Ordinances to rename the local occupational license to the business tax in accordance with Chapter 2006-152, Laws of Florida, and provide for the biennial increase in the amount of the tax pursuant to Section 205.0535(4), Florida Statutes. 9. As amended in Ordinance No. 07-016, Section 1-12-36 ("General Business") contained a scrivener's error in the calculation of the increase for general businesses employing five (5) or less employees. 10. It is necessary to further amend Section 1-12-36 ("General Business") to correct this scrivener's error retroactive effective to October 1, 2007 to coincide with the effective date of the 2007 increases. PART A. SECTION 1-12-36 ("GENERAL BUSINESS'), OF CHAPTER 1-12 OF THE CODE OF ORDINANCES IS AMENDED TO READ AS FOLLOWS: Section 1-12-36. General Business. There is hereby created a new general business classification. Except as provided herein, every person engaged in a business in St. Lucie County shall pay a license tax of twenty-seven dollars and fifty- five cents ($27.55). Provided, however, that a business employing five (5) or less fewer employees shall pay a tax of fifteen dollars and ni" ten cents ($15.99 15.10). This will include every person engaged in the practice of any profession who offers his service either directly or indirectly to the public for a consideration whether or not such endeavor is required bylaw. Every person engaged in a profession, business or occupation regulated by law where licensing and qualification standards are required shall display and exhibit to the tax collector the business tax receipt for the current year prior to the tax collector issuing business tax receipt pursuant to this chapter. A business tax receipt shall not be required where a person, although licensed by law under a regulatory statute, is prohibited from engaging in a profession, business or occupation unless under the direct supervision of another person, individual or corporation. Every individual or group of individuals who operates a branch office, or any professional corporation which operates an office in which a profession is practiced, shall obtain a business tax receipt for each office in which the profession is practiced. PART B. CONFLICTING PROVISIONS In the event that any provision of this Ordinance is found to be contrary to any other St. Lucie County Ordinance which regulates the same subject matter, then in said event, the more restrictive Ordinance shall apply. PART C. SEVERABILITY The provisions of this Office are severable, and it is the intention to confer the whole or any part of the powers herein provided for. If any of the provisions of this Ordinance shall be held Struek through passages are deleted. Underlined passages are added. -2- unconstitutional by any Court of competent jurisdiction, the decision of such Court shall not affect or impair any remaining provisions of this Ordinance. It is hereby declared to be the legislative intent that this Ordinance would be adopted had such unconstitutional provision not been included therein. PART D. EFFECTIVE DATE This Ordinance shall take effect retroactively on October 1, 2007. PART E. ADOPTION After motion and second, the vote on this Ordinance was as follows: Chairman Chris Craft Aye Vice Chairman Joseph E. Smith Aye Commissioner Paula A. Lewis Aye Commissioner Charles Grande Aye Commissioner Doug Coward Aye PART F. CODIFICATION Provisions of this Ordinance shall be incorporated in the Code of Ordinances of 5t. 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 4th day of September, 2007. ATTEST: Deputy Clerk S#raek #Ftrar passages are deleted. Underlined passages are added. -3- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C21F DATE: October 9, 2007 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley SUBJECT: Florida Communities Trust Property Acquisition Manager Hackberry Hammock / FCT Project 05-069-FF5 Amendment I to the Declaration of Restrictive Covenants BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 3, 2005 - Received Board of County Commission authorization to submit a Grant Application to Florida Communities Trust for the Hackberry Hammock project. October 25, 2005 - Received Board of County Commission approval authorizing the Chairman to execute and transmit the Grant Contract to Florida Communities Trust. September 12, 2006 - Received Board of County Commission approval authorizing the Chairman to execute and record the Declaration of Restrictive Covenants. RECOMMENDATION: Staff recommends that the Board approve Amendment I to the Declaration of Restrictive Covenants, authorize the Chairman to execute the Amendment, transmit to Florida Communities Trust and record the Amendment in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: ['lq APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [XX] County Attorney: p [XX] Originating Dept.: J rtiF Review and Approvals [ ] Environmental Resources: [ ] Road & Bridge: Finance: (Check for Copy only, if applicable) Eff. 5/96 CONCURRENCE : Douglas Anderson County Administrator [ ] County Engineer: [ ] OMB: G:\ACQ\WP\JoAnn\Environmental\Hackberry Hammock\Amendment I Declaration of Restrictive Covenants Agenda Request.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 9, 2007 SUBJECT: Florida Communities Trust Hackberry Hammock / FCT Project 05-069-FF5 Amendment I to the Declaration of Restrictive Covenants BACKGROUND: On May 3, 2005, the Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust (FCT) for the purchase of the Hackberry Hammock project. On October 25, 2005, the Board of County Commissioners approved the Grant Contract with Florida Communities Trust (FCT) for the purchase of the Hackberry Hammock project. The Grant Contract provides 39.12% of the project costs or $3,398,061.00: whichever is less, for the purchase of the Hackberry Hammock project. On September 12, 2006, the Board of County Commissioners approved the Declaration of Restrictive Covenants for the acquisition of the Kelly parcel. The purpose of Amendment I to the Declaration of Restrictive Covenants is to impose covenants and restrictions on the Comer parcel. RECOMMENDATION: Staff recommends that the Board approve Amendment I to the Declaration of Restrictive Covenants, authorize the Chairman to execute the Amendment, transmit to Florida Communities Trust and record the Amendment in the Public Records of St. Lucie County, Florida. Respectfully submitted, rn yoAnn Riley Property Acquisition Manager G:\ACQ\WP\JoAnn\Environmental\Hackberry Hammock\Amendment I Declaration of Restrictive Covenants Agenda Memompd CIL 0 00 0 LL rpp r_ c 41 '0 01 0 E cr cia ( 6 ro 00 0 -E 0- E -E 0 o a L>, (D ca U) 0) cq 00 0 a O. 0 0 0 0 CL o 0 0 L— 0 8 9 8 0 C:, 2 C? 0 So c C� 0 3: . 0 ooa m 0 0 1 0 8-02 Cc, o LD 8 O.LD 8 0 CC? C? C? m 2! i-I C? �; ;6 0 00 co E E 21 (N -20. _j E 10 0 M 0 C4 0 C'4 C4 Z. M C'� C� C� CD cq 0 0 0 0 V? 0- LL L) 0 M c) 'a 4) (u (n L: 0 (A N (,A (D 1: 0 C'4 �; C,4 Q) M M 0 J r' I �� a CO r- en r c) 30 m a c ((n,, c COI cn Cq c1q IU 03 Lf) c eq cc� 6 3: 2 , C5 (" m iv j o "i 6 C) — .0 'i LL 0 o 0' C64 .016— I WC This instrument prepared by: Kristen L. Coons, Esq. Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 FLORIDA COMMUNITIES TRUST FF5 AWARD #05-069-FF5 FCT Contract #06-CT-48-05-F5-J1-069 HACKBERRY HAMMOCK AMENDMENT I DECLARATION OF RESTRICTIVE COVENANTS THIS AMENDMENT I to the DECLARATION OF RESTRICTIVE COVENANTS is entered into this _ day of , 2007, by and between the FLORIDA COMMUNITIES TRUST ("FCT'), a nonregulatory agency within the State of Florida Department of Community Affairs, and ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Recipient'), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in Exhibit "A.I" attached hereto and made a part hereof ("Project Site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 259.105, 259.1051, and 380, Part III, Florida Statutes. WHEREAS, FCT and Recipient entered into a Declaration of Restrictive Covenants recorded on October 17, 2006, in Official Records Book 2679, page 1587 - 1599, Public Records of St. Lucie County, Florida, at the time of the acquisition of the Kelly Parcel of the Project Site, as described in Exhibit "A" to the Declaration of Restrictive Covenants; WHEREAS, FCT has approved the terms under which the Kelly Parcel of the Project Site was acquired by the Recipient and the current parcels of the Project Site shall be subject to such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and such covenants and restrictions shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund upon the failure of the Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded in the public records of St. Lucie County, Florida, the county in which the real property is located; DRC\05-069-FF5 AMENDI/Sept. 13, 2007 1 and WHEREAS, Paragraph H of the Declaration of Restrictive Covenants states that either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. WHEREAS, the purpose of this Amendment is to impose the covenants and restrictions of the Declaration of Restrictive Covenants on the current parcels of the Project Site, in addition to the Kelly Parcel of the Project Site, subsequent to payment of Recipient's acquisition costs from FCT Florida Forever Bond Proceeds. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and Recipient do hereby contract and agree as follows: The Declaration of Restrictive Covenants recorded on October 17, 2006 in Official Records Book 2679, pages 1587 - 1599, Public Records of St. Lucie County, Florida, is hereby amended to impose the terms, covenants and restrictions of the Declaration of Restrictive Covenants on the current parcels of the Project Site as described in Exhibit "A.I" attached hereto, in addition to the Kelly Parcel of the Project Site as described in Exhibit "A" to the Declaration of Restrictive Covenants. This Amendment I to the Declaration of Restrictive Covenants, including that document's Exhibit "A" and this document's Exhibit "A.I.," embody the entire agreement between the parties. DRC\05-069-FF5 AMENDI/Sept. 13, 2007 2 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: Print Name: Print Name: Accepted as to Legal Form and Sufficiency for Recipient: Print Name: Date: STATE OF FLORIDA COUNTY OF ST. LUCIE as ST. LUCIE COUNTY, apolitical subdivision of the State of Florida By: Print Name: Title: Date: The foregoing instrument was acknowledged before me this day of , 2007, by , me, or has produced of . This person is personally known to as identification. Notary Public Print Name: Commission No. My Commission Expires: DRC\05-069-FF5 AMENDI/Sept. 13, 2007 3 Witnesses: Print Name: Print Name: Accepted as to Legal Form and Sufficiency: Kristen L. Coons, Trust Counsel Date: STATE OF FLORIDA COUNTY OF LEON FLORIDA COMMUNITIES TRUST Janice Browning, Division Director Housing and Community Development Date: The foregoing instrument was acknowledged before me this day of , 2007 by Janice Browning, Division Director of Housing and Community Development. She is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: DRC\05-069-FF5 AMENDI/Sept. 13, 2007 4 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C26 DATE: October 9, 2007 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) Lease Agreement - Lease Number 4511 Sheriff's Firearms Training Range Parcel I. D. 2 314- 3 3 3-0000-000- 3 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Please see an attached memorandum N/A N/A Staff recommends that the Board approve the Lease Agreement with TIITF for the Sheriff's Firearms Training Range, authorize the Chairman to sign the Agreement and direct staff to return to TIITF for further processing. COMMISSION ACTION: pC] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 %! Review and Approvals T [XX] County Attorney [ ] Environmental: [XX] Originating Dept.: Road d Bridge: Finance: (Check for Copy only, if applicable) Eff. 5/96 6:\ACQ\WP\JoAnn\Firin9 Range\Agenda Request.wpd CONCURtRENC Douglas Anderson County Administrator [ ] County Engineer: [ ] OMB: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 9, 2007 SUBJECT: Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) Lease Agreement - Lease Number 4511 Sheriff's Firearms Training Range Parcel I.D. 2314-333-0000-000-3 BACKGROUND: Attached you will find a Lease Agreement with the Board of Trustees of the Internal Improvement Trust Fund for the Sheriff's Firearms Training Range. The term will be for fifty years commencing on execution by all parties unless sooner terminated pursuant to the provisions of the Lease. RECOMMENDATION: Staff recommends that the Board approve the Lease Agreement with TIITF for the Sheriff's Firearms Training Range, authorize the Chairman to sign the Agreement and direct staff to return to TIITF for further processing. Respectfully submitted, '. ct", 1 j,v _ Ann Riley Property Acquisition Manager &AACQ\WP\JaAnn\Firing Range\Agenda Memompd OAL1 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT Lease Number 4511 THIS LEASE AGREEMENT, made and entered into this day of 20_, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereinafter referred to as "LESSOR", and ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as "LESSEE." LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE the lands described in paragraph 2 below, together with the improvements thereon, and subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection. 2. DESCRIPTION OF PREMISES: The property subject to this lease, is situated in the County of St. Lucie, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "leased premises". 3. TERM: The term of this lease shall be for a period of fifty years commencing on and ending on unless sooner terminated pursuant to the provisions of this lease. 4. PURPOSE: The LESSEE shall manage the leased premises only for the establishment and operation of a small arms range, along with other related uses necessary for the accomplishment of this purpose as designated in the Management Plan required by paragraph 8 of this lease. 5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress to, from and upon the leased premises for all purposes necessary to the full quiet enjoyment by said LESSEE of the rights conveyed herein. 6. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the leased premises or any use thereof not in conformance with this lease. 7. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. g MANAGEMENT PLAN: LESSEE shall prepare and submit,a Management Plan for the leased premises, in accordance with Section 253.034, Florida Statutes and subsection 15-2.021(4), Florida Administrative Code. The Management Plan shall be submitted to LESSOR for approval through the Division of State Lands. The leased premises shall not be developed or physically altered in any way other than what is necessary for security and maintenance of the leased premises without the prior written approval of LESSOR until the Management Plan is approved. LESSEE shall provide LESSOR with an opportunity to participate in all phases of preparing and developing the Management Plan for the leased premises. The Management Plan shall be submitted to LESSOR in draft form for review and comments within ten months of the effective date of this lease. LESSEE shall give LESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. LESSEE shall not proceed with development of said leased premises including, but not limited to, funding, permit application, design or building contracts, until the Management Plan required herein has been submitted and approved. Any financial commitments made by LESSEE which are not in compliance with the terms of this lease shall be done at LESSEE'S own risk. The Management Plan shall emphasize the original management concept as approved by LESSOR on the effective date of this lease which established the primary public purpose for which the leased premises are to be managed. The approved Management Plan shall provide the basic guidance for all management activities and shall be reviewed jointly by LESSEE and LESSOR. LESSEE shall not use or alter Page 2 of 14 Lease No. 4511 R06/17/05 the leased premises except as provided for in the approved Management Plan without the prior written approval of LESSOR. The Management Plan prepared under this lease shall identify management strategies for exotic species, if present. The introduction of exotic species is prohibited, except when specifically authorized by the approved Management Plan. 9. EASEMENTS: All easements including, but not limited to, utility easements are expressly prohibited without the prior written approval of LESSOR. Any easement not approved in writing by LESSOR shall be void and without legal effect. 10. SUBLEASES: This agreement is for the purposes specified herein and subleases of any nature are prohibited, without the prior written approval of LESSOR. Any sublease not approved in writing by LESSOR shall be void and without legal effect. 11. RIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. 12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures, improvements, and signs shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall require the prior written approval of LESSOR as to purpose, location and design. Further, no trees, other than non- native species, shall be removed or major land alterations done without the prior written approval of LESSOR. Removable equipment and removable improvements placed on the leased premises by LESSEE which do not become a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE upon termination of this lease. 13. INSURANCE REQUIREMENTS: During the term of this lease LESSEE shall procure and maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or fixtures located on the leased premises. Page 3 of 14 Lease No. 4511 RO6/17/05 The liability insurance coverage shall be in amounts not less than $100,000 per person and $200,000 per incident or occurrence for personal injury, death, and property damage on the leased premises. Such policies of insurance shall name LESSOR, the State of Florida and LESSEE as additional insureds. LESSEE shall submit written evidence of having procured all insurance policies required herein prior to the effective date of this lease and shall submit annually thereafter, written evidence of maintaining such insurance policies to the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. LESSEE shall purchase all policies of insurance from a financially -responsible insurer duly authorized to do business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the Chief Financial Officer, State of Florida. The certificate of self- insurance shall provide for casualty and liability coverage. LESSEE shall immediately notify LESSOR and the insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth shall constitute a breach of this lease. 14. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full responsibility for and shall pay all liabilities that accrue to the leased premises or to the improvements thereon, including any and all Page 4 of 14 Lease No. 4511 R06/17/05 ad valorem taxes and drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against the leased premises. 16. NO WAIVER OF BREACH: The failure of LESSOR to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by LESSOR. 17. TIME: Time is expressly declared to be of the essence of this lease. 18. NON-DISCRIMINATION: LESSEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 19. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities to the leased premises and for having all utilities turned off when the leased premises are surrendered. 20. MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR specifically reserves the right to lease the leased premises for purpose of exploring and recovering oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein shall be fully compensated for any and all damages that might result to the leasehold interest of said LESSEE by reason of such exploration and recovery operations. 21. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all financial and other records relating to this lease, and LESSOR shall have the right to either audit such records at any reasonable time or require the submittal of an annual independent audit by a Certified Public Accountant during the term of this lease. This right shall be Page 5 of 14 Lease No. 4511 R06/17/05 continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this lease, pursuant to the provisions of Chapter 119, Florida Statutes, 22. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to LESSEE with reference to the condition of the leased premises. The leased premises herein are leased by LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no responsibility for the care, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. 23. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 24. NOTICE: All notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. LESSOR and LESSEE hereby designate their address as follows: LESSOR: State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration, M. S. 130 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 LESSEE: St. Lucie County, Florida Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 25. BREACH OF COVENANTS TERMS, OR CONDITIONS: Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach within sixty days of such notice. In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within sixty days of receipt of written notice, Page 6 of 14 Lease No. 4511 R06/17/05 LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of recovering the leased premises and attorneys' fees or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 26. DAMAGE TO THE PREMISES: (a) LESSEE shall not do, or suffer to be done, in, on or upon the leased premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises or adjacent properties, or any part thereof. (b) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. In the event of LESSEE'S failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the leased premises, and (2) all off -site ground and surface waters and lands affected by LESSEE'S failure to comply, as may be necessary to bring the leased premises and affected off -site waters and lands into full compliance with all Page 7 of 14 Lease No. 4511 R06/17/05 applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. LESSEE'S obligations set forth in this paragraph shall survive the termination or expiration of this lease. This paragraph shall not be construed as a limitation upon the obligations or responsibilities of LESSEE as set forth herein. Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by LESSEE'S activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state, or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release, or discharge of any contaminant, LESSEE shall report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR, all within the reporting periods of the applicable governmental agencies. 27. ENVIRONMENTAL AUDIT: At LESSOR'S discretion, LESSEE shall provide LESSOR with a current Phase I environmental site assessment conducted in accordance with the Department of Environmental Protection, Division of State Lands' standards prior to termination of this lease, and if necessary a Phase II environmental site assessment. 28, SURRENDER OF PREMISES: Upon termination or expiration of this lease, LESSEE shall surrender the leased premises to LESSOR. In the event no further use of the leased premises or any part thereof is needed, LESSEE shall give written notification to LESSOR and the Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, Mail Station 130, 3900 commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months prior to the release of any or all of the leased premises. Notification shall include a legal description, this lease number, and an explanation of the release. The release shall only be valid if approved by LESSOR through the execution of a release of lease Page 8 of 14 Lease No. 4511 R06117/05 instrument with the .same formality as this lease. Upon release of all or any part of the leased premises or upon termination or expiration of this lease, all improvements, including both physical structures and modifications to the leased premises shall become the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the expense of LESSEE. The decision to retain any improvements upon termination or expiration of this lease shall be at LESSOR'S sole discretion. Prior to surrender of all or any part of the leased premises a representative of the Division of State Lands, Department of Environmental Protection shall perform an on-alte inspection and the keys to any building on the leased premises shall be turned over to the Division. If the improvements do not meet all conditions as set forth in paragraphs 19 and 35 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. 29. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which have been selected, developed, or approved by LESSOR or other land managing agencies for the protection and enhancement of the leased premises. 30. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises is held by LESSOR. LESSEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. 31. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction, to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 32. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of Page 9 of 14 Lease No. 4511 R06/17/05 archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. The Management Plan prepared pursuant to Chapter 18-2, Florida Administrative Code, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the leased premises. 33. SOVEREIGNTY SUBMERGED LANDS: This lease does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 34. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR. 35. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and any improvements located thereon, in a state of good condition, working order and repair including, but not limited to, keeping the leased premises free of trash or litter, maintaining all planned improvements as set forth in the approved Management Plan, meeting all building and safety codes in the location situated and maintaining any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this lease. 36. GOVERNING LAW: This lease shall be governed by and interpreted according to the laws of the State of Florida. 37. SECTION CAPTIONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease or any provisions thereof. 38. ADMINISTRATIVE FEE: SUBLESSEE shall pay TRUSTEES an annual administrative fee of $300 pursuant to subsection 18-2.020(8), Florida Administrative Code. The initial annual administrative fee shall be payable within thirty days from the date of execution of this lease Page 10 of 14 Lease No. 4511 R06/17/05 agreement and shall be prorated based on the number of months or fraction thereof remaining in the fiscal year of execution. For purposes of this lease agreement, the fiscal year shall be the period extending from July 1 to June 30. Each annual payment thereafter shall be due and payable on July 1 of each subsequent year. 39. SPECIAL CONDITIONS: The following special conditions shall apply to this lease: (a) All improvements and buildings located on the leased premises shall meet local building and safety codes. (b) If the leased premises do not meet all of the conditions in this lease, LESSEE shall reimburse the LESSOR for any expenses Page it of 14 Lease No. 4511 R06/17/05 IN WITNESS WHEREOF, the parties have caused this lease to be executed on the day and year first above written. Witness Print/Type Name Witness Print/Type Name BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: (SEAL) GLORIA C. BARBER, OPERATIONS AND MANAGEMENT CONSULTANT MANAGER BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 20 , by Gloria C. Barber, as operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney Page 12 of 14 Lease No. 4511 R06/17/05 Witness Print/Type Name Witness Print/Type Name ST. LUCIE COUNTY THROUGH ITS BOARD OF COUNTY COMKISSIONERS By: Doug Coward Print/Type Name Title: Chairman OFFICIAL SEAL ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of St. Lucie County "LESSEE" STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by Doug Coward and , as Chairman and respectively, on behalf of the Board of County Commissioners of St. Lucie County, Florida. They are personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Page 13 of 14 Lease No. 4511 R06/17/05 0 • EXHIBIT "A" That part of the southwest 1/4 of Section 14, Township 35 South, Range 39 East, lying West of the Florida State Turnpike. in St. Lucie County, Florida, more particularly described as follows, to wit: Beginning. at the Southwest corner of Section 14, Township 35 South, Range 39 East, thence run South 89'56107" East along the South line of said section a distance of 939.78 feet to the West right of way line of the Sunshine Parkway; thence North 36'54'18" West 1,609 feet to the West line of said Section 14; thence South 2'42'03" East 1,335 feet to the Point of Beginning. EXCEPTING HOWEVER, the right of way for Canal No. 48 of the North St. Lucie River Drainage District. Containing 14 acres, more or less. Page 14 of 14 Lease No. 4511 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2H DATE: October 9, 2007 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25'h Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easement River Oaks At Ten Mile Creek Homeowners Association, Inc. Parcel I.D. 2429-802-0004-000-3 - Parcel 714 BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: Funds are available in 101006-4116-561007-4108 (Transportation Trust/Impact R/W)and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOTto reimburse, design and construct the South 25'h Street widening. April 19, 2005 - Board of County Commissioners approved Subdivision Improvement Agreement. RECOMMENDATION: Staff recommends that the Board accept the Temporary Construction Easement, authorize the Chairman to sign Resolution No. 07-299 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 (f [XX] County Attorney: ' Review and Approvals [ ] Public Works Director: [XX] Originating Dept.: -5 m'�L [ ] Road & Finance: (Check for Copy only, if applicable) Eff. 5/96 CONCURRENCE: Douglas Anderson County Administrator [ ] County Engineer: [ ] OMB: G:\ACQ\WP\JoAnn\25th Street\River Oaks fka Select Homes\Agenda Request Accept Temporary Construction Easement.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 9, 2007 SUBJECT: South 25" Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easement River Oaks At Ten Mile Creek Homeowners Association, Inc. Parcel I.D. 2429-802-0004-000-3 - Parcel 714 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way, Permanent Easements, and Temporary Construction Easements for the South 25'h Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. Dickerson Florida, Inc. and Kimley-Horn and Associates, Inc. the County's consultants for the widening of South 25" Street notified County staff they needed a Temporary Construction Easement between the entrance to River Oaks and the beginning of the Bridge. The Easement will allow for the deletion of a gravity wall in this area and will enhance the esthetics of the project and River Oaks. Attached for your review and acceptance is a Temporary Construction Easement executed by River Oaks At Ten Mile Creek Homeowners Association, Inc. RECOMMENDATION: Staff recommends that the Board accept the Temporary Construction Easement, authorize the Chairman to sign Resolution No. 07-299 and direct staff to record the Temporary Construction Easement in the Public Records of St. Lucie County, Florida. Respectfully submitted, A0,,, - -D� -1 1 -4 Ann Riley Property Acquisition Manager G:\ACQ\WP\JoAnn\25th Street\River Oaks fka Select Homes\Agenda Memo Accept Temporary Construction Easement2.wpd S 8728'06" E SECTION 32 12,00' TOWNSHIP 35 SOUTH. RANGE 40 EAST S 46026.50N Noll % ,c LaiI y F FN R o NLu J m 20' 25' 75' F R /y TIES TO 8. elf N W uj I J m 19 'O .. IW z V Ln TEMPORARY N J Z CONSTRUCTION EASEAENT ( r w Q 4 799 SQ. FT. m 0 714 `" 0+ 3 W m _ to w C= Ln L.A. `• Ft 1I W LLJ NOTE: I 3 M W a CV 0-1 1 Lai ob REVISED 6-20-07 =" cn uj a Z Z Q N CL CL Bearing Basis: a c� East Line of N.E. 114 3 W Section 32 iN 02023'50" El o o I 41.16' y N87° 36'10"W 50 25 0 50 `IBEGINNING GRAPHIC SCALE - FEET LO N 87.2898" W 12•001 FTHS IS NOT A SURVEY SEE SHEET 2 -- LEGAL DESCRIPTION AND SKETCH - T, C. E. 71 PREPMEO FORS S T. L U C I E COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 299-4486 LB6449 tce714.dan 6/211200710:01:28 CHECK E. C. G.EDM.B. I" • 50, BOOK-* DRAWING NO.: 615TCE714 MARCH 2003 SHEET OF REV JUNE 2007 ABBREVIATIONS I LEGEND: SEE SHEET 3 @ BASELINE I E • CENTERLINE I EXIST. • EXISTING FKA • FORMALLY KNOWN AS 20' I 25' FND. • FO(RO N.S.LR.W.M.D.- NORTHERN ST. LUCE RIVER WATER MANAGEMENT DISTRICT P.O.B. • PONT OF BEGINNING "' w `•' P.O.C. - PONT OF CONIENCEIENT ":� R/W ROT OF NAY I SO. FT. • SOUARE FEET N °°'o T.C.E. TEMPORARY CONSTRUCTION _ I W �o z EASEMENT W ? 41 lO • SUBJECT PARCELLn 7 1 N IW to Bearing Basis: I o East Line of the N.E. 114 z Section 32 (N 02023'50" E) N 89.56'33' W Q EXIST. CANAL R/W LINE J N.S.L.R.w.M.D. CANAL NO. 101 x CAJARTER SECTION LINE W S 89.56'33" E NOTE �\ ;h CV - REVISED 6-20-07 EXIST. CANAL R/W LINE SECTION 32 N 89.56'33" W CY) TOWNSHIP 35 SOUTH, ( 00 RANGE 40 EAST W U i NOTE: BEARINGS SHOWN HEREON ARE BASED M 3 ON FLORIDA STATE PLANE COORDINATE c N SYSTEM, EAST ZONE, NORTH AMERICAN = I b DATUM OF 1983/1990 READJUSTMENT.`" THE EAST LINE OF THE NORTHEAST GUAR- TER OF SECTION 32 , TOWNSHIP 35 SOUTH, RANGE 40 EAST BEARS: I NORTH 02.23'50" EAST AND ALL OTHER Q 04- M BEARINGS SHOWN HEREON ARE RELA- 00z TIVE THERETO. I 00* p THIS DESCRIPTION & SKETCHLn I W MUST CONTAIN SHEETS 1 I N N THROUGH 3 TO BE COMPLETE 40' 4 75' TES TO 0. F-- W � f� t!1 W r j N z "C Y L0 Lm- to !n w N "1 91P EXIST. CANAL R/W LINE N 89.30'26" E tTER SECTION LINE N.S.L.R.W.M.D. CANAL NO. 101 N 89.30'26" E INT QF WMMN MENTI P.I. 51A. 89-57.13 1 OF SURVEY S.R.615 (SOUTH 25Ih_ STREET)• A-020 34'49" (RT.) N"1111053.923 E • 866987.978 FND. NAIL (PLAIN) IN ASPHALT SQUARE CUT 50 25 0 50 GRAPHIC SCALE - FEET THIS IS NOT A SURVEY I LEGAL DESCRIPTION AND SKETCH - T.C.E. 714 1 PREPARED £OR. S T. L U C I E COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. Orr/ : CHECKED SCALE 2295 GENESEA LANE E . C . G . M . B . 1" • 50' VERO BEACH, FLORIDA 32963 FIELDBOOK: DRAWING NO.: (772) 299-4488 LB6449 6 15 T C E 714 DA7£= MARCH 2003 SHE£7 of tce714.dgn 6/21l2007 0:55:56 AM REV J U N E 2007 2 3 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 714 A PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 02023'50" EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32, A DISTANCE OF 1,642.87 FEET TO A POINT. BEARINGS ARE BASED ON SAID EAST LINE OF THE NORTHEAST QUARTER OF SECTION 32 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. THENCE NORTH 87036'10" WEST DEPARTING SAID EAST LINE, A DISTANCE OF 41.16 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE OF STATE ROAD 615 (SOUTH 25TH. STREET) AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 714; THENCE NORTH 870 28-08" WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 02031'52" EAST, A DISTACE OF 399.94 FEET; THENCE SOUTH 87° 28'O8" EAST, A DISTANCE OF 12.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 25TH STREET; THENCE SOUTH 02* 31-52" WEST, A DISTANCE OF 399.94 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 4,799 SQUARE FEET MORE OR LESS. NOTE: REVISED 6-20-07 THIS DESCRIPTION & SKETCH MUST CONTAIN SHEETS 1 THROUGH 3 TO BE COMPLETE G. MARTIN BURDETTE FLORIDA SURVEYOR AND MAPPER 64136 DATE: ec•Zr-d7 BURDETTE & ASSOCIATES, INC. I LEGAL DESCRIPTION AND SKETCH - T.C.E. 714 ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 299-4488 LB6449 714.dOn 6121/2007 9:57:40 E. C. G. M. B. BOOK. MARCH 2O03 REV JUNE 2007 DRAWING NO., NOT TO SCALf 615TCE714 1 ` 3 Signed, sealed, and delivered in our presence RIVER OAKS T TEN MILE CREEK as witnesses: HOMEOWN S ASSOCIATION, INC. fi By: WITNE55 t + (Print Name) [ CORPORATE SEAL ] WITNESS (Print Name) STATE OF FLORID � COUNTY OF — . eforegoinginstrumentwas cknow dgedbeforemethis � dayof 007, by itl,�-�Pibt� of RIVER OAKS AT TEN MILE CREEK HOMEOWNERS ASSOCIATION, INC., who is personally known to me or who has produced a Drivers License issued within the last five years as (NOTARY PUBLIC) SEAL yP' Dana J. Schuh- ' '- Commission #DD221348 aa; �'. Expires: Jul 19 2007 Bonded Thru Atlantic BondinpCo., Inc identificatio Notary Public (Print, Type or Stamp Name of Notary) My Commission Expires: 1,1/y-0 7 &AACQ\WP\JoAnn\25th Street\River Oaks fka Select Homes\Temporary Construction Easernentmpd This instrument prepared by: JoAnn Riley under direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PROJECT: South 25'h Street FROM: River Oaks at Ten Mile Creek PARCEL NO.: 714 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this Y day of �, 2007, by RIVER OAKS AT TEN MILE CREEK HOMEOWNERS ASSOCIATION, INC., whose address is 1271 SW Robys Way, Palm City, Florida 33490, hereinafter referred to as GRANTOR, 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 GRANTEE. WITNESSETH That the grantor, for and in consideration of One ($1.00) Dollar and other good and valuable consideration do(es) hereby give, grant, bargain and release to grantee, its agents, assigns, contractors and sub -contractors, a temporary construction easement to enter upon that portion of certain lands owned by the grantor being described as follows: SEE ATTACHED EXHIBIT "A" for the purpose of tying in and harmonizing said property, thereon with construction of roadway and appurtenant facilities within existing right-of-way. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above and that all grading or sloping conform to all existing structural improvements within the limits designated, and all work will be performed in such a manner that existing structural improvements will not be damaged and the Grantee shall not interfere with or obstruct Grantors ingress and egress to Grantor's property. This Easement shall expire upon the completion of the construction of the above referenced road construction project. IN WITNESS -+ WHEREOF, the undersigned Grantors have hereunto set their hands and seals this day of Ate" 2007. Florida, that: RESOLUTION NO. 07-299 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR SOUTH 25T" STREET ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 9" day of OCTOBER, 2007. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST.. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney G:\ACQ\WP\JoAnn\25th Street\River Oaks fka Select Homes\Resolution No. 07-299.wpd AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO.C2: y DATE: October 9, 2007 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[XI PRESENTED BY: SUBMITl'ED BY (DEPT.): County Attorney JOAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Harmony Heights Stormwater Improvement Betty L. Ghee Tax ID 1431-801-0010-000/9 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 from Betty L. Ghee for the purchase price of $20,000.00, 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: [ *APPROVED [ ] OTHER Approved 5-0 [x] County Attorney: [x] Originating Dept: CONCURRE E: ( ] DENIED Douglas M. Anderson County Administrator Review and Aoorovals [x] Engineering:: [x] Public Works:. PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 9, 2007 SUBJECT: Contract for Sale and Purchase Harmony Heights Stormwater Improvement Betty L. Ghee Tax ID 1431-801-0010-000/9 BACKGROUND: St. Lucie County is planning to construct Stormwater improvements to the Harmony Heights neighborhood. Ms. Ghee's property is one of the properties needed for part of a dry retention pond. We provided a willing selling letter to Ms. Ghee who expressed an interest in working with the County on this project. We sent a contract to Ms. Ghee for $20,000.00 which is 100% of the appraised value of the property according to East Coast Appraisers & Consultants the County's independent appraiser. Ms. Ghee signed the Contract on March 9, 2007 but was contingent upon the County acquiring the parcels to the South for a pond site. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Betty L. Ghee for the purchase price of $20,000.00, 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, JoAnn Riley Property Acquisition Manager Su Harmon Hei fits bect Parcel I sue` r G�,,.... 9121 I2007 Y 9 ;.�k `� i g Stormwater Improvements St. Lucie County Owned H ao 40 z FIT� MATARM AVE AVIENDAAVE F.P.F.W.M.D. YVONNE DR -91 SAN DIEGO AVE f- a BARCELONAAVE TT GRADY DR JUANITAAVE z maA.0 W Mb.PY.uY b 14iM1 A 0 130 260 520 BOARD OF COUNTY COMMISSIONERS August 28, 2007 ST.Eelle1E �� •� COUNTY �► • F L O R 1 D A , • RE: Harmony Heights Stormwater Project Parcel 1431-801-0010-000/9 I accept the extended closing from the April 30, 2007date on the contract, for the above - mentioned parcel, to September 31, 2007 or sooner to allow for closing documents to be prepared. , 'r, e-&I- 0 Betty L. hee Date JOSEPH E. SMITH, District No. i • 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 Ft. Pierce, FL 34982-5652 (772) 462-1711 FAX (772) 462-1440 web site: www.co.sr-lucie.fl.us PROJECT NAME: Harmony Heights Stormwater Project PARCEL: Betty L. Ghee. Parcel # 1431-801-0010-00019 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2007, between BETTY L. GHEE, whose mailing address is 305 SOUTH 18TH STREET, FORT PIERCE, FL 34950-3827, hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT'W' 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 Thousand and 001100 Dollars, determined to be the total of the following: ($20,000.00) Real Property (Land) and Buildings NIA Other Improvements upon the Land (described, if any) NIA Other (describe) N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. Contract is contingent on acquiring parcels to the south 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 or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 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 PURCHASER a 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. 2 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. 3[7 `4 L , C The closing shall be on or before April . 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 falls to perform hereunder without fault of SELLER, all monies paid hereunder maybe retained 3 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 any other required document, shall be deemed default of the SELLER. 4 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 thatthere 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 closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 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. and seals. IN WITNESS WHEREOF, the parties have hereunto affixed their hands h EXECUTED by SELLER this I day ofW t ' , 2007. C Ln' L Witness Cu"'-AS�' Wi 'e94 .4L'Z�5;- C , &��- BETTY L. GAEE 6 STATE OF COUNTY OF cLt' ) The foregoing instrument was acknowledged before me this _I day of 2007, by BETTY L GHEE who is personally known to me or who has produced a drivers license issued within the last five years as identification. My Commission Expires Carol A. Bishop Commission # 003236AO Expires Aaj 24 2008 0w., ao,» Tm EXECUTED by PURCHASER this ATTEST: DEPUTY CLERK ea't �- CAL Notary Public (Printed, Typed or Stamped Name of Notary Public) day of 2007 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA M CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "A" Lot 10, 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. 8 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES A) A 9 EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS 10 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS �A 11 *:CII 1Ilm:w POLICIES OF INSURANCE NA 12 1 AND APPRAISAL REPORT Feanl„ r,hoo roperry Address 1431-801-0010-0009 Census Tract 9.02 LENDER DISCRETIONARY USE Sale Price 8 _ Data Moral Anwunl $ Mortgage Type Disment points and Other Concessions Paid by Seller $ _. ity Fort Pierce County St Lucie State FL Zr: Code 34946 egel Desaiptur Henor Cry Heights No 4 8'k 5 Lot 10 (OR 522-2016) —,-r Occupant Betty L Ghee Ma Reference 34-40-31 ale Price$ NIA Date of Sale WA Property Rig-ro Appraised Q Fee Simple n Leashold ❑ Condominarr HUDNA) PUD can chargesrooncessors to be paid by seller $ N/A .E. Taxes $ 283.78 Tax Year 2006 HOA $IMe. WA sndeuClent St Lucie County, County Property Acquisition Division 1300 Virginia Avenue, Fart Pierce FL 34982 Source OCATMN Drhan X Suburban r� Rural NEIGHBORHOOD ANALYSIS ❑l X ❑ ❑ HILT UP X Ova 75°b ❑ 25-75% ` I Under 25% Employment Stability :ROWTH RATE ❑ Rapid X Stable ❑ Slow Cmvenience b Employment `f C] Convenience to Shopping X❑ ❑ 'ROPERTY VALUES ❑ maeasing Steble Declining i Schools X❑❑1 ❑ )EMANDISUPPLY Shortage a In balance Over Supply Convenience to AARKETINGTIME Under 3 Mos. X 3fi Mos. Over6 Mos. Adequacy of Public Transportation 1 'RESENT LAND USE % LAND USE CHANGE PREDOMINANT-EFAMLYF)Ol19NG Recreatwn Faalitias X (ram IJ ❑ � jingle Family 40% Nol Likely i❑ OCCUPANCY PRICE AGE Adequacy of Faced. ❑ ❑ A Family 10 % Likely ❑ Owner ❑X S(Ogc) (yrs) Property CompariDdiy Cold. LI ❑ ❑ ❑ 50Low 10 Protectbn from Detrimental Aulti-Faiml 10°/ In praess ❑ Tenant ❑ ❑ y X ;ommereial 10%To: _ ( ') ❑' 200 High 80 Police d Fine Protection O H IH a X vacant over 546 ndustrlal 0% ( ) ❑' Predominant GenaalA eamnce of Pro roes loom 409 100- 20 eel to Market X fe Bars. COMME:NTSThe Subject nei hbgrhogd is located Joul Race or the racial composilion of the neghbprhood are not considered reliable appraisal 25th Street, south of St. Lucie Boulevard and west of Kings Highway Access to the subject is cod via north of Orange Avenue west of Juanita Avenue. Proz mitt' fo employment schools, and services is considered good e O II appeal to the market is considered ood. Propertv values in the ne ghhorhood are stable compared to the rapid appreciation over the past several years As a result resales have slowed with marke[i times increased to over 3 months. T ice financiri Is available. DBnensions 55' x 140.5' Topography Basically Level Sim Typical for Area _ She Rectanoular _. site Area 7 728 Sq.Ft. Caner Lot No Zoning Classification RS-4 Zoning Compliance Yes HIGHEST&BEST USE Present Use Vacant Other Use SFR Drainage A ears Atle ua[e View Typical UTILITIES Public Other $ITEIMPROVEMENTS Type Publio Private Electriuty X Street Stabilized Dirt X❑ ❑ Landscaping Typical _ Gas 8 None C,arGurter None ❑ Onveway None !!!❑��� water Q Well Sidewalk None L� ❑ Apparent Easements 7 ical Utility Sanitary Sewer Se tic Street Lgnta None ❑ ❑ FEMA Flood Hadard Yes' _ No Zone X None Alley None FEMA•MLvmZone 1202860176(3 08/19/1991 Stain Bawer slice areas, all No adverse easements or encroachments noted. Centel (Apparent adverse easements, enctoachments, special assessments, Tan e.m nos in<ue mre. r..m sai.n .I v "vent es mwr s err a.a vmnmae i" ."ain<r n.e nos <e.sieena mse I. m. mne.. .".Inrs. Tne e.eaim=. inn. a.,, emin, ro noso uems or <iemn<sm .m Marion batxeen in<s.n l•<r ena <omvn•oin v'evrtiee. u . sigmrium nem in iin mmva,nni• v'o°env ,: °uven°r aalu.rmeni, ,nn. c1.%m„wee rea<uon m. a s t4 aai.• em a mea., rn» ,.e"<ma ra. I.mur.e nine m s.si•.r, u n sra°ir<mr n.m in in. came., sin ;e"r.,"r ie m.araer. ma., soai•cr v,.v,rr, ., ... o+o,ani. inn., me >ueiem v'oe•ny, . vrss ;ganaie srmnm is mea<. inm mcrevinq me �.aia ee .nl°. or ee suar.u. ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO.2 COMPARABLE N0.3 1431-801-0010-0 1431-703-0033-0005 24D5-601-D176-000B 2406-502-0057-0007 Aaoress Fort Pierce Fort Pierce Fort Pierce - Fod Pierce Prosimityto Sub'ect 0.44 MILES WNW 0.41 MILES SSE 0.4D MILES WSW Sales Price $ N/A $ 19,500 $ 17,500 $ 17,500 PncalS uare Foot $ mS 2.94Il S 2.29m S 3.04VI Data.;-,. Public Records P_Ublic Records Public Records VALUC ADJUSTIi DESCRIPTION DESCRIPTION tiA DESCRIPTION r-paWmnvma DESCRIPTION y_µ..— Sales or Financing Cancessicns Cool Cant/ _ Conv Date of SairRime __ 10/02/2006 10/02)2006 09/30/2006 Location Suburban Suburban Suburban Suburban _ Sis Typical Typical _ T ical T ical 55' x 140.5' S1' x 130' 60' x 127.1' 50' x 115' Net Ad'. totall .._ 'X O 'X . - A 0 'X . I$ 0 0.0 Indicated Va. Gross: 0.0 Gross: 0.0 Gross: O O.0 $ 2.94 Net: 0.0 $ 2,29 Net: 0.0 $ 3.04 or Sol Net Comments of Saes Compaison There were 23 vacant lot sales in the subleCi neighborhood in the ast ear. The sale ricer an a from $13,000 to $32,500 er lot or $1.58 to $3.91 er s uare foot. The ovate a sale rice was $2.67 er s care foot. The 5 sales shown are the most coin arable to the subect ro art . Sale 1 is the most recent sate but is sli shortly smaller..._......... Comments and Conditions of Appraisal: The appraisal is made "a5 ib' and SUbleCt to the attached fa11110 conditions. Final Reconciliation: The Sales Comparison Approach is considered the most reljable in appraising the Subject Propertv. The Cost A roach ' and the Income A roach are not a motivation for buying vacant land in this market. THE MARKET VALUE, AS DEFINED, OF THE SUBJECT PROPERTY AS OF January 3 2007 _ to be $ _- 20 000 . I (wE) ESTIMATE (We) cal that to Inc 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 inspected aItApmparable sales cited I, this report; and that I (we) have no undied... d interest, present or prnapeative therein. �^ X❑Did t_I' Did Not ew Appraiser <a� �a�-applicable) Har D. MAI SFIA InspeC. Rooaty Pp )C. n ABen'amin Callaway & Price, Inc. LAND APPRAISAL -ne ove.nlg..a n.. r.<n.e mr.. re em aai.a m vr.vei .a ,,oar . a. .ve vr.dmm. m a.sj.<r ena nas .vnara.r.e •.n.. 'w m. m•r�m ay.ha�. rn. v.a<rwuan w.we... muar e.... r.. ... m.r... ,. rn - r b r r ei n: a.ep< ava =•mvraa. wovrr.aeu sr . nm. v.mmrao e. v h' vr.r ia.ora aie rnav �n. ..ei•c vvv.ny a a ( .a -.aim. r . e u.. er.a.uva ma ve<.ue +m.. m a.oi•=r 'r s -r..m n.m n n. <omvmasi ' r •r m. �r i.aa ra...am. rnav, ............rb.. vi.. (vvvai.mnewr '.a maee. m.a �v.,..a�vs m, wammee .v m..• in. a.ew<. ITEM SUBJECT COMPARABLE NO.4 COMPARABLE NO COMPARABLE NO :dares 1431-801-0010-0 Pierce 2405-601-0271-0004 Fort Pierce 1431-801-0015-0004 Fort Pierce �roxlm: ;0 6uti ect _Fart I0.47 MILES SSE 0.06 MILES NE Tales Prior $ NIA : $ 18,000 $ 17,EDO $ >dcel 5 uare Foot $ 0 $ 2.42in $ 2.250 _ $ m Data Sour. Public Records Public Records VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION Kb nai.ay.m _ DESCRIPTION 4-s nq..m.m DESCRIPTION Sales tr Finenanq Concessuns Conv Conv Date of sak_m_me_ 07/14/2006 02/07/2006 _ L—tun Suburban Suburban i Suburban_ _ Silalvew Typical T ical Typical 55' x 14C.5' 60' x 124' - 55' x 141.5' __. Net AD'. Total X t I$ 0 X + 8 _0 Indireted VaLe of SnEpc Gross: 0.0 Nel: 0.0 $ 2.42 Gmss: 0.0 Net. 0.0 $ 2.25 Gross: Net: $ q.nry LaEFmm a49B cofm .ms. m[.)v ernmrlweaa. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Reynolds Millwork Donation of Right-of-way 10 feet on Oleander Avenue Resolution No. 07-300 BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO. C2J DATE: October 9, 2007 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager On July 14, 2006, the Growth Management Director approved GM-06-018 granting Minor Site Plan approval to Reynolds Millwork. RECOMMENDATION: Staff recommends that the Board accept the Special Warranty Deed, authorize the Chairman to sign Resolution No. 07-300 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ )kAPPROVED [ ] DENIED [ ] OTHER Approved 5-o Review and Approvals [x] County Attorney: [x] Road and Bridge: [x] Originating Dept: �� [x] Engineering: G:\ACQ\WP\Right of Way Donations\Reynolds Millwork\Agenda.wpd CONCURREN Douglas M. Anderson County Administrator [x] Public Works:` [ ] Environmental: 1 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 9, 2007 SUBJECT: Reynolds Millwork Donation of Right-of-way 10 feet on Oleander Avenue Resolution No. 07-300 BACKGROUND: On July 14, 2006, the Growth Management Director approved GM-06-018 granting Minor Site Plan approval to Reynolds Millwork. During Site Plan approval the County Surveyor requested 10 feet of right-of-way along Oleander Avenue be donated to St. Lucie County. We have attached the Special Warranty Deed executed by John and Kathleen Reynolds for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Special Warranty Deed, authorize the Chairman to sign Resolution No. 07-300 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, o Ann Riley Property Acquisition Manager GAACQ\WP\Right of Way Donations\Reynolds Millwork\Agenda Memo.wpd z EDWARDSRD KANNER-DR I 3 LEGEND SKETCH AND DESCRIPTION PACE IS NOT A SURVEY P.S. PLAT BOOK THIS O.R.B. OFFICIAL RECORDS BOOK / PLS PROFESSIONAL LAND SURVEYOR R\W RIGHT—OF—WAY 1 1E — CENTERLINE s t PLUS OR MINUS S.F. SOUARE FEET .° °• rk f.s. ' K N o ��tt t00� :, a 7- w r 0 30 60 GRAPHIC SCALE IN FEET 100.00' R R' W off EAST 10 1W 3 _n LL b F V' 11�� erD �.'12T5 �60.00'o a m � Lot 1 Lose the East 312 feet of the South 200 feet. In the Subdivision of Industrial Park as recorded In Plat Book 9, F Ir Page 5 of the Public Records of St. Lucie County, Florida. W � g .N N W � W � � m ' m o � C NN` W c � W 9 s nn7l 5 K - m DESCRIPTION € BEING A PARCEL OF LAND LUNG IN THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 35 SOUTH. RANGE 40 "u EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 10 FEET OF THE FOLLOWING DESCRIBED PARCEL, LOT 1. LESS THE SOUTH 200 FEET OF THE EAST 312 FEET, INDUSTRIAL SUBDIVISION,ACCORDING TO THE MAP ' OR PLAT THEREOF AS: REGARDED IN PLAT BOOK 9, PAGE 5,PUBLIC RECORDS OF ST. LUCIE COUNTY, 28,TOWNSHIP FLORIDA.(THE EAST LINE OF SAID 10 ft'LT LIES 60 FEET WEST OF THE EAST LINE OF SECTION 35 SOUTH, RANGE 40 EAST,ST. LUCIE CXNTY, FLORIDA) SAID PARCEL CCN5'AIHS 2,410.3 SQUARE FEET 0.056 ACRES, MORE OR LESS. "t" L�/¢lam7 Sheet 1 of 1 SKETCH !1t' O DESCRIPTION 0r "s RIGHT-OF-WAY DEDICATION PREPARED FOR: REYNOLDS MILLWORKS File: 05-062 sded.dwg CONSULTING ENGINEERS CT Date: 04/04/07 *PL PPER LAND SURVEYORS r. 2980 SOUTH 25th STREET ENINC ING FORT PIERCE, FLORIDA 34982 Tech: WCF (772) 464-3537 Florida, that: RESOLUTION NO. 07-300 A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED FOR OLEANDER AVENUE ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing SPECIAL WARRANTY DEED is duly accepted on behalf of St. Lucie County this 9T" day of OCTOBER, 2007. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney G:\ACQ\WP\Right of Way Donations\Reynolds Millwork\Resolution No. 07-300.wpd THIS INSTRUMENT PREPARED BY AND RETURN TO: Richard D. Sneed, Jr., Esquire Law Offices of RICHARD D. SNEED, JR., P.A. 1905 South 25"Street Suite 206, Mardi Executive Center Fort Pierce, FL 34947 Telephone: (772) 465-2330 Florida Bar No.: 139213 Courthouse Box No.: 67 Tax ID No.: above this line for recording SPECIAL WARRANTY DEED THIS DEED is made this 12 day of July A.D., 2007, BETWEEN JOHN E. REYNOLDS and KATHLEEN G. REYNOLDS, husband and wife, Grantors, and ST. LUCIE COUNTY, a political subdivision, whose address is 2300 Virginia Avenue, Ft. Pierce, FL 34982, Grantee, WITNESSETH, that said Grantors, for and in consideration of the sum of TEN AND NOM 00 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in St. Lucie County, Florida, to -wit: The East 10 feet of the following described parcel: Lot 1, less the South 200 feet of the East 312 feet, Industrial Subdivision, according to the map or plat thereof as recorded in Plat Book 9, page 5, public records of St. Lucie County, Florida; SUBJECT TO: conditions, restrictions, reservations, limitations, and easements of record including but not limited to applicable zoning ordinances, taxes and assessments for the year 2007, and subsequent years, all matters contained on the Plat of Industrial Subdivision, as recorded in Plat Book 9, page 5; Interlocal Agreements recorded in O.R. Book 1029, page 689, O.R. Book 1141, page 959, O.R. Book 1145, page 2491, and O.R. Book 1198, Page 2880; and Agreement recorded in O.R. Book 2734, page 753, all in the public records of St. Lucie County, Florida, but that reference to the restrictions, shall not operate to reimpose the same. TO HAVE AND TO HOLD the same unto the Grantee in fee simple. AND THE GRANTORS DO HEREBY COVENANT WITH THE Grantee, that at the time of the delivery of this Deed, the land was free from all encumbrances made by Grantors, and that Grantor will warrant and defend the same against the lawful claims and demands of all persons claiming by, through, or under Grantors, but against none other. IN WITNESS WHEREOF, Grantors have hereunto set Grantors' hands and seals the day and year first above written. Signed, sealed and delivered in our presence: VC511 L Kellie S. Forrest, itness J ne P. Vreeland, Witness STATE OF FLORIDA COUNTY OF ST. LUCIE KATHLEEN G. REYNOLDS The foregoing instrument was acknowledged before me by JOHN E. REYNOLDS and KATHLEEN G. REYNOLDS, who [ ] are personally known to me, or [� produced Florida drivers licenses as identification, and who did take an oath, on this 12th day of July, A.D., 2007. JtNary Public o of Florida at Large My Commission Expires: June P Commissi Vreeland # D2 6137 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 0 2904080 0712812006 at 10:59 AM OR BOOK 2623 PAGE 492 - 496 Doc Type: ORD RECORDING: $44.00 1 GM-06-018 2 MNSP-05-043 4 AN ORDER GRANTING APPROVAL FOR 5 A MINOR SITE PLAN TO BE KNOWN AS 6 REYNOLDS MILLWORK. 7 8 WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for site plan 9 approval submitted by Culpepper & Terpening, Inc., reviewed the comments of the St. Lucie County 10 Development Review Committee on this application, and made the following determinations: 11 12 1. Reynolds Millwork Inc., is a proposed 24,225 square foot industrial project for property located 13 at 3101 Oleander Avenue in the IL (industrial, Light) Zoning District. 14 15 2. The Development Review Committee has reviewed the site plan for the proposed project and 16 found it to meet technical requirements of the Land Development Code and to be consistent with 17 the St. Lucie County Comprehensive Plan, 18 19 3. The project is consistent with the general purpose, goals, objectives, and standards of the St. 20 Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 21 22 4. The project will not have an undue adverse effect on adjacent property, the character of the 23 neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public 24 health, safety, and general welfare. 25 26 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on 27 the immediate vicinity through building design, site design, landscaping, and screening. 2e 29 6. The project will be constructed, arranged, and operated so as not to interfere with the 30 development and use of neighboring property, in accordancewith applicable district regulations. 31 32 7. The project is to be served by adequate public facilities and services, 33 34 35 NOW, THEREFORE, BE IT ORDERED: 36 37 A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed 38 Minor Site Plan to be known as Reynolds Millwork, is hereby approved as shown on the site 39 plan drawings for the project prepared by Culpepper & Terpening, Inc., dated May 2, 2006, last 40 revised April 28, 2006, and received by the St. Lucie County Growth Management Director on 41 May 8, 2006, subject to the following conditions: 42 43 1. A condition of approval shall be that prior to commencement of any on-siteovaconstruction 94 activities (and the issuance of a St. Lucie County Vegetation Removal Prizing an 45 approved Florida Fish and Wildlife Conservation Commission per authorizing the 46 relocation of the gopher tortoises shall be provided to the St. Lucie County Environmental 47 Resources Department (ERD). ERD may then authorize any limited clearing required to 48 excavate the burrows and capture the gopher tortoises and commensal species. Once the File No.: MNSP-05-0P 43 GM Order age 1 Page 1 July 14, 2006 gopher tortoises are relocated, ERD staff shall conduct an inspection to verify that all gopher tortoises have been relocated and a full Vegetation Removal Permit (based on approved site plan) will be issued. 2. The subject property shall commit to the following Transportation Demand Management (TOM) strategies: a. The hours of operation shall be between 5:30 AM and 3:30 PM. b. Deliveries shall leave the facility between 6:00 AM and 6:30 AM. C. If the applicant fails to comply with the stated TOM strategies, the County shall revoke access to Oleander Avenue or require the installation of turn lanes on Oleander Avenue. 3. No clearing or other site work shall commence until after constructible engineering plans have been approved by the County Engineer and all county environmental permits have been issued by Environmental Resources Department pursuant to Section 11.02.08(A)(7) of the St. Lucie County Land Development Code. As of this date of issuance of this Development Order, no constructible site development plans have been submitted for review. No work shall commence after the issuance of environmental permits by county, or of any other permits by any other agency, until the County Engineer has approved the constructible site plans. 4. Pursuant to Section 11.02.08(A)(6) of the St. Lucie County Land Development Code, no work shall commence on the site until all regulatory permits required from Federal, State, and regional agencies and special districts have been issued. The Florida Department of Environmental Protection, National Pollutant Discharge and Elimination System compliance notice must be submitted to the County Engineer with the constructible site plan at the time of building permit application or during permit review or no paving, grading, and drainage permit and no building permit shall be issued. All National Pollutant Discharge and Elimination System Best Management Practices shall be instituted on the site prior to site clearing and maintained daily. Stormwater ponds shall be roughed in at the same time the site is cleared of groundcover. 5. This Development Order shall be recorded in the Public Records of St. Lucie County, Florida, in order to provide constructive legal notice of development conditions that run with the land. 6. The Code Compliance Manager shall receive a copy of this Development Order and the site plan it approves and shall not approve any building permits that do not implement or are not consistent with this Development Order and the plans hereby approved. B. The property on which this minor site plan is being approved is described as follows: BEING LOT 1 LESS THE EAST 312.5 FEET OF THE SOUTH 200 FEET IN THE SUBDIVISION OF INDUSTRIAL PARK AS RECORDED IN PLAT BOOK 9, PAGE 5 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA (Location: 3101 Oleander Avenue, Fort Pierce, Florida) File No.: MNSP-05-043 July 14, 2006 GM Order 06-018 Page 2 1 2 (Parcel Identification Number: 2428-502-0001-000/8) 3 4 C. The approvals granted by this administrative order shall expire on June 23, 2008, unless a 5 building permit is issued or an extension is granted in accordance with the provisions of Section 6 11.02,06 of the St. Lucie County Land Development Code, 7 D. The Final Site Plan approval granted under this Order is specifically conditioned to the 8 requirement that the petitioner, John Reynolds for Reynolds Millwork, Inc., including any 9 successors in interest, shall obtain all necessary development permits and construction 10 authorizations from the appropriate State and Federal regulatory authorities including, but not 11 limited to; the United States Army Corps of Engineers, the Florida Department of Environmental 12 Protection, and the South Florida Water Management District, prior to the issuance of any local 13 building permits of authorizations to commence development activities on the property described 14 in Part A. 15 16 E. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan 17 shall be placed on file with the St. Lucie County Growth Management Director and mailed, return 18 receipt requested to the developer and agent of record as identified on the site plan applications. 19 2 o F. The Certificate of Capacity, attached as Exhibit A, shall be valid forthe same period as this order. 21. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically 22 terminate. 23 in the Public Records of St. Lucie County. 24 G. This order shall be recorded 25 26 27 ORDER effective the 14'" day of July 2006. 28 29 GROWTH MANAGEMENT DIRECTOR 30 ST. LUCIE COUNTY, FLORIDA 31 32 33 34 BY 35 Bob Nix, AICP 36 37 38 APPROVED AS TO FORM 39 40 AND CORRECTNESS: 41 42 43 44 45 County q ney 46 47 48 49 ar 50 Roovelopment Projects 2005Wajor Site PlantReynolds Millwork (MJSP 05-012)1Reynolds GM06-01 B GM Order 06-018 File No.: MNSP-05-043 Page 3 July 14, 2006 1 2 3 4 5 r Exhibit A 6 1 Certificate of Capacity 8 9 10 11 12 13 14 15 16 File No,: MNSP-05-043 July 14,2006 GM Order 06-018 Page 4 St Lucie Count. Certificate of Ca11,161� Date 7/14/2006 Certificate No. 2461 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Minor Site Plan Number of units 0 Number of square feet 24,225 2. Property legal description & Tax ID no. 2428-502-0001-000/8 31031 Oleander Avenue Reynolds Millwork 3. Approval: Buildinq Resolution No. GM-06-018 Letter 4. Subject to the following conditions for concurrency: See GM-06-018 Owner's name Reynolds Millwork Address 1640 SE Village Green Drive Port St. Lucie FL 34952 6. Certificate Expiration Date 7/14/2008 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms. conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. '4 Signed Date: 7/19/2006 V" '�' Growth Management Director St Lucie Countv, Florida Wednesday, July 19, 2006 Page 1 of 2 TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2K DATE: October 9, 2007 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Unclaimed Monies Deposited or Collected by the St. Lucie County Clerk of Court BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: Staff recommends that the attached Affidavit of Publication be filed and recorded in the Board minutes. [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept CONCUR CE: Douglas Anderson County Administrator Review and Approvals Management & Budget Purchasing: Public Works Dir; County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07-1671 DATE: September 27, 2007 SUBJECT: Unclaimed Monies Deposited or Collected by the St. Lucie County Clerk of Court BACKGROUND: Section 116.21, Florida Statutes, provides that the sheriff and clerks of the courts of the various counties of the state are authorized at their discretion on or before September 25 of each year to pay into the fine and forfeiture fund of their county any or all unclaimed monies deposited or collected by them in their official capacity prior to January 1 of the preceding year and for which claim has not been made. The Clerk of Court compiled a list which contained the name of the defendants and the amounts of unclaimed monies. The list was published on July 31, 2007. Florida Statutes requires that proof of the publication be filed and recorded in the Board minutes. Attached is the Affidavit of Publication. RECOMMENDATION/CONCLUSION: Staff recommends that the attached Affidavit of Publication be filed and recorded in the Board minutes. ly Donier S. 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INil�czaoa-'�<ao Etn W `G N 0 W t0 LL Z 2 2 2 w> rn J¢ S O cn U y¢ Y 0 0 N 0.0 O Ez E .- Q n a N U G V T � g EE m G � O o N U W C N W O C O O O O O O O O O O O O O N N O O C S O O N N N N N N N N N j`V �V N 4] (1 N N_ N N N V T m N (h 1 N N Qj zl � 7 z c � c N � m n o p Z C.> T G Q� G� Ni m N O N t� tO N 4: •Y O 7 cL W t0 QI O M O N Z ¢ N N N N N N N N O C CO O^ � m — d z_ Q " W ULLJ U _ C) > Lj 7 = �r N Q Q F- ir W J U) J } G U p Z J W O ij G7 zz 0 F- 0w 0r Uz U Z a� W O co N Z ¢r ¢^ �O Z r Q Cl) W 00 Lr F- w mr c Q Q LLL F Q z0 Op Q W am } N Z � Q N W � U � El AGENDA REQUEST "INVESTMENT FOR THE FUTURE" TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: ITEM NO. C — 3A DATE: October 9, 2007 REGULAR[] PUBLIC HEARING CONSENT [x] vP E TED BY: Mich I V. Powley, E. CountyEngineer Approve Change Order N. 4 In the deductive amount of ($44,520.00); accept the project; release retainage in the amount of $29,760.46 and provide Final Payment to Contract C04-04-178 in the amount of $28,573.08 (deducting for failed laboratory test and inspection overtime hours in the amount of $1,187.38) to WPC Industrial Contractors for completion of the Platt's Creek Stormwater Management Facilities project. BACKGROUND: Memorandum 07-044 attached. FUNDS AVAILABLE: Funds are available in 102202-0000-205100-000 FDEP Platt's Creek Stormwater Retainage-$14,880.92; 102001- 0000-205100-000 Drainage Maintenance MSTU Retainage-$7,103.98; 316001-0000-205100-000 Transportation Capital Retainage-$2,303.06; and 102108-0000-205100-000 Platt's Creek Stormwater Retrofit Retainage-$5,472.50. PREVIOUS ACTION: On April 13, 2004, the BOCC awarded the construction of the Platt's Creek Stormwater Project to WPC Industrial Contractors, Inc. in the amount of $2,745,740. On May25, 2004, the Board approved Platt's Creek Stormwater Project —Work Authorization No. 5 (CO3-10-686) for Soil Testing Services with Dunkelberger Engineering & Testing, Inc. On October 11, 2005, staff recommended the Board approve Platt's Creek Stormwater Project— First Amendment to Work Authorization No. 5 for Soil Testing with Dunkelberger Engineering & Testing Inc. for the Platt's Creek Stormwater Project in the amount of $25,000 and extending the contract to January 31, 2006. On October 18, 2005, the BOCC approved Change Order No. 1 in the amount of $26,340.75 for modification to the Platt's Creek Stormwater Management Facilities project. The proposed modifications will improve the connection between the existing drainage facilities constructed in 2000 with the newly constructed stormwater management facilities. On December 20, 2005, the BOCC approve a reduction in the overall retainage of the Platt's Creek Stormwater Management Facilities project with WPC Industrial Contractors, Ltd. from ten percent (10%) to five percent (5%). On February 7, 2006, the Board approved Change Order No. 2 for a time extension to the Platt's Creek Stormwater Management Facilities project and approved a reduction in the overall retainage of the project with WPC Industrial Contractors, Ltd. from five percent (5%) to one percent (1 %) for the remainder of the contract. On February 28, 2006, the BOCC approved Change Order No. 3 in the amount of $248,485.00 for improvements to the Platt's Creek Stormwater Management Facilities project. Staff recommends the Board approve and authorize the Chair to sign Change Order No. 4 in the deductive amount of ($44,520.00); release retainage in the amount of $29,760.46; and provide Final Payment to Contract C04-04-178 in the amount of $28,573.08 (deducting for failed laboratory test and inspection overtime hours in the amount of $1,187.38) to WPC Industrial Contractors for completion of the Platt's Creek Stormwater Management Facilities project. COMMISSION ACTION: APPROVED [) DENIED [ ] OTHER ( 1-1, [XICounty Attorney _ Ix) [x) Project. Manager + Ixl Ix) Road & Bridge Ix) Approved 5-0 Mgt. & Budget 4pr Exec. Assistant Finance & C'101- 31 CONCURR CE: Z Douglas Anderson County Administrator N Originating Dept, Public Works !A, [ I Purchasing Dept [xl (Check for copy only, if applicable) DIVISION OF ENGINEERING MEMORANDUM 07-044 TO: Michael Powley, P.E. - County Engineer Via: Barbara Meinhardt - Executive Assistant FROM: Craig Hauschild, P.E. - Assistant County Engineer Date: September 24, 2007 Subject: Platt's Creek Stormwater Management Facility Contract #C4-04-178 with WPC Industrial Contractors WPC Industrial Contractors has completed the construction of the Platt's Creek Stormwater Management Facility project in general accordance to the plans and specifications. Additionally, a Final Pay request with release of liens has been received and approved by the County Attorney. Change Order No. 4 in the deductive amount of ($44,520.00) is for an adjustment to the quantities. cc: Don West, P.E. - Public Works Director f DIVISION OF ENGINEERING MEMORANDUM 06-030 TO: Dan McIntyre, County Attorney FROM: Mike Powley, County Engineer W� DATE: January 25, 2007 SUBJECT: Platt's Creek — Releases of Lien Attached are five Releases of Liens that were missing from our Memorandum 06-319, dated November 16, 2006. Also attached are the memorandum and the previously approved Release of Liens. If we can be of any assistance, please call Craig Hauschild, Assistant County Engineer, at extension 1712. Barn Attachments (22) cc: Don West, Public Works Director Craig Hauschild, Assistant County Engineer FFR - 1� � Ktz) APPLICATION FOR � AND FINAL PAYMENT Project Name: '' I ci T i C.,- ee K 7 tUr(n '), • ()iq Engineer's Project No.: C 3 C7 Owner: Board of Cou Commissijm���� Contractor: 1. OL Snd sIr ul Lon Inn t 4ycs L.)c± Contract Date: .5/14�9 Application Amount a9. -7I,C c1L, Application Date: Cc, o6r P9" ,20Gfe For Period Ending: `o Initial Contract Amount Based on Estimated Quantities: $ �.'145 '740.00 As Applied for As Approved Tabulation of Amount Due This Application By Contractor Bye ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of Completed Work") $ .; "7 4 5 -1 t{C . cI0 $ 2� 1y 51 '7 ,i o . CHANGE ORDER NO. t a %Complete(+) $ X- 210 75 $ 2&, 39 a �s CHANGE ORDER NO. 2 � % Complete(+) $ �. p 0 $ - o. " - CHANGE ORDER NO.—3 % Complete(+) $ Z24 6, Li S 5 Cc, $ 24 8, 465, CHANGE ORDER NO.-�L-@ % Complete(+) $ - 4 y 5.2 u 00 $ (4 y 3 5 2.o. FT) Previous Payments: Total Work to Date (+) $ ,7 9 7w 01f 5 '75' $ 2. 9 -7 b 0 4 5. 1; 41 $ 14 T. .2. 3 G . C o Less Previous Payment (-) $ a2 9 4 �..2 25..2 Q i $ 2, 9 4 (u 1 2 6 02 $ 93.3 (�T5,00 Subtotal $ a29, 7(.C. 11, $ 29 7vo, A3 $ 74 a94. Cc Less Failed Laboratory Tests (-) $ 1 ) 1 8'7: 315 94 $ 3 £ 3. 1 t a Co Total $;1 946-205, a9 Amount Due Final Payment, Except for any i ,... n u cf .d L.,v Liquidated Damages Assessed by the Board $ 2 $e 5 7 3. " 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 vending in connection with the work under the Contract; that the Contractor agrees to the total final price of $ -I.q'7�`15- 75 and final payment of $ as full settlement of his account under the Contract and of all claims in connection therewith. BY: l /1 �; , -�— TITLE: Sr. ptc 'i 171yncye- COUNTY OF .51. Lu6e STATEOF ` ca'da Before me this i ± day of 20-jL, personally appeared GckN 3 cvhu m known to me, who being duly sworn, did depose and say that he is the Sr Frt.? (y1a,v:9er (office) of the Contractor above mentioned; that he prepared attached application for payment and executed above affidavit on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. My commission expires: ►dARJORIE WSETTE HALE 71lip Q ) mycomma8mIM>•➢nu Notary/Public ��� /a/ 1 fi / 1 X sxMRa4: Du.1.IDai C TO: BOARD OF COUNTY COMMISSIONERS, ST. 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. Date: APPROVED Contract Time Began: Substantial Completion on: Actual Construction Time: Cal. Days Contract Construction Time: Cal. Days Rainy Days Allowance: Cal. Days Other Overrun Allowances: Cal. Days Net Overrun: Cal. Days ST. LUCIE COUNTY ENGINEERING DEPARTMENT Michael V. Powley, P.E. Donald B. West, P.E. County Engineer Public Works Director Checked By: J 7 7 Prepared By: ,,z. 2-1,V-07 St. Lucie County Eng. Department cc: Finance Officer CHANGE ORDER ST. LUCIE COUNTY PROJECT: Platt's Creek Stormwater Mgmt. Facilities ;name, address) r0 (Contractor): NPC Industrial Contractors, Inc. I1651 Phillips Hwy. Jacksonville, FL 32256 fou are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — Yes) SEE ATTACHED L A 2 7 Zoos CHANGE ORDER NUMBER: 4 INITIATION DATE: 6130106 CONSULTANT'S PROJECT NO.: n/a ST. LUCIE COUNTY CONTRACT NO: C04-04-178 CONTRACT DATE: 4113/04 -he original (Contract Sum) was........................................................................................................................... $2,745,740.00 Jet change by previous authorized Change orders................................................................................................. $274,825.75 'he (Contract Sum) prior to this Change Order was............................................................................................. $3,020,565.75 "he (Contract Sum) will be decreased iythis Change Order............................................................................................................................................... ($44,520.00) "he new (Contract Sum) including this Change Order will be.............................................................................. $2,976,045.75 'he Contract Time will be unchanged by....................................................................................................................( -0- ) Days 'he Date of Substantial Completion as of the date of this Change Order therefore is: 6/16/06 .unds Available: Account Number 316001-41134-563000-3112 'he 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 ie Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that ie stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays ssociated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work nder this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a -suit of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope f the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor iat the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change irder after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St. Lucie County, Enaineerino Division Architect/Engineer 200 Mr inia Ave. Ft. PierceFL 34982 Address 6130/06 By: Craig Hauschi(d, P.E., Ass't Cty. Engr. Date Agreed To: WPC Industrial Contractors, Inc. Contractor 11651 Philli Jacksonville, FL 32256 Addre ¢ e G By: Date Approved: Public Works Department St. Lucie County Department 2300 Mroinia Ave Ft Pierce FL 34982 A rasa "., _ e 130106 y: Donald B. W tDonald B. t, P/W Dir. Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date Approved as to Fonn and Correctness County Attorney V V IL d g N Y! N IN I Y► 8 O O N f N O O O1 111 1f1 YN {O = N N 4 w_ c H � J . LL m Z w w i S w 0 o LL LL cQ G w Q O U) W a K w = u E g W IL byS % L C ; N uj 'F is U ci s d �g N cm oo�W, 4 U Z Q a �R General Contractors License OCCO46120 September 6, 2007 St. Lucie County Craig Hauschild, PE Engineering Division 2300 Virginia Avenue 2°d Floor Annex, Room 229 Ft. Pierce, FL 34982 Re: Platt's Creek Stormwater Improvements Project Retainage Release St. Lucie County Project No. 0307 Dear Mr. Hauschild: 7330 South US Highway 1, Port St. Lucie, Florida 34952 Telephone: 772 595 3750 • Fax: 772 595 3754 On August 14th, WPC Industrial Contractors, Hazen & Sawyer and St Lucie County met to discuss the current requests to obtain final release of retainage. WPC Industrial Contractors, Inc. Water Processing Company www.WPCIND.com It was agreed that WPC would provide a Paragon Representative to give operating instructions to Jason Bessey on the Switchgear and Motor Control Center. On August 21', Paragon was onsite to give training on these 2 items. It was indicated at that time, nothing further was required from WPC on this matter. We were also asked to write a letter stating that there are no deviations from the Record Drawings on file. By this letter, WPC is stating there are no deviations from Record Drawings on file. At this time, WPC has met all contractual obligations and are requesting release of final retainage on this job. Should you have any questions, please do not hesitate to contact my office. Sincerely, Rebecca Cook Office Manager WPC Industrial Contractors, LTD. Enclosures CC: Don West, PE, Public Works Director Michael Powley, PE, County Engineer Jason Bessey — St Lucie County Gary Basham, PE — VP of Operations — WPC Industrial Contractors, LTD Robert Griffith, Controller -WPC Industrial Contractors, LTD. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. C-36 DATE: October 9,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] Aic TED BY: 1 V.Powle P.E. SUBJECT: ounty Engineer Second Amendment to Work Authorization No. 4 (CO3-09-708, Engineering Services for Roadway and Intersection Design) for an extension of time to August 29, 2008 and post -design services with Inwood Consulting Engineers, Inc., for the Avenue J Pedestrian Bridge project. BACKGROUND: See attached Engineering Memorandum No 07-344 FUNDS AVAILABLE: Funds will be made available in 101006-4116-563005-43105-Transportation Trust -Impact Fees- $7,810.00 and 101006-4116-563021-43105—Transportation Trust -Impact Fees $9,973.00. PREVIOUS ACTION: On April 25, 2006, the Board approved Work Authorization No. 4 with Inwood Consulting Engineers, Inc., for Professional Engineering Services related to Roadway and Intersection Design for the Avenue J Pedestrian Bridge project in the amount of $49,382.70. On February 13, 2007, the Board approved the First Amendment to Work Authorization No 4 for preparing the Categorical Exclusion Report and check list required by our grant partner, FDOT in the amount of $2,705.00 and modification to the plans in the amount of $8,065.48. The Total amount of the First Amendment is $10,770.48. RECOMMENDATION: Staff recommends the Board approve and authorized the Chairman to sign the Second Amendment to Work Authorization No. 4 (CO3-09-708, Engineering Services for Roadway and Intersection Design) for an extension of time to August 29, 2008 and an increase to the contract in the amount of $17,783.00 with Inwood Consulting Engineer for Post Design Services on an as to needed basis for the Avenue J Pedestrian Bridge project. COMMISSION ACTION: [>% APPROVED [ ] OTHER Approved 5-0 [ ] DENIED jxj County Attorney f; N Mgt. & Budget / \ -) [x[ [xj Project. Manager 14T-6 [ ] Fiscal Coordinator g R h [x] (j Comm. Services. Dir. [xj Exec Asst. [ [ CONCURRILE: 4=L=_= Douglas Anderson County Administrator Originating Dept Public WorksJAN Purchasing Dept (Check for copy only, if applip ) 01VISION OF ENGINEERING MEMBRANOUM 07-344 TO: Michael Powley, P.E. - County Engineer Via: Barbara Meinhardt- Executive Assistant FROM: Natasha Taylor, Civil Engineer /V%S. Date: September 20, 2007 Subject: Second amendment to work Authorization No. 4 (CO3-09-708) Avenue J Pedestrian Bridge Project with Inwood Consulting Engineers, Inc. SLC project No. 06-22 The Second Amendment to Work Authorization No. 4 (CO3-09-708 Engineering Services for Roadway and Intersection Design) is for an extension of time to August 29, 2008 and to provide Post -Design Construction Services as need, through August 29, 2008, in the amount not to exceed $17,783.00, for the Avenue J Pedestrian Bridge with Inwood Consulting Engineer, Inc. Attachments: Exhibit "A" Exhibit "B" Exhibit "C" cc w/attachments: Don West, P.E. - Public Works Director Craig Hauschild, P.E. - Assistant County Engineer Barbara Meinhardt - Executive Assistant CO3-09-708 WA # 4, Amend # 2 SECOND AMENDMENT TO WORK AUTHORIZATION No. 4 Engineering Services Roadway and Intersection Design CO3-09-708 Avenue J Pedestrian Bridge Project Work Authorization No. 4 between St. Lucie County ("the County") and Inwood Consulting Engineers, Inc. (the "Engineers") for services related to Roadway and Intersection Design, dated September 9, 2003 (the "Agreement") is herby amended to provide post design services, efforts and work tasks in the amount of $ 17,783.00, and for an extension of time to August 29, 2008 to the contract schedule. The Engineer's additional "Scope of Services", "Work Compensation Sheet", and "Project Schedule" have also been attached hereto and made a part hereof as Exhibits "A","B", and "C", respectively. All other terms and conditions of Work Authorization No. 4 (C-03-09-708) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this second amendment to Work Authorization No. 4 (CO3-09-708) to be executed and delivered on the dates below. ATTEST: VIN wmll W-,l- N�`­/�,.`11" I--- - BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ENGINEER ��{{ BY: �a�s . Print Name: _David Coleman, P.E. Inwood Consulting Engineers Date:_ September 20, 2007 V Inwood consulting engineers August 20, 2007 Ms. Natasha Taylor-Saenz St. Lucie County Engineering Division 2300 Virginia Avenue 2nd Floor Annex, Room 229 R. Pierce, Florida 34982-%52 I f" Re: Amendment * 2 Avenue 3 Pedestrian Bridge St Lucie County Project No. 06-22 St. Lucie County, Florida Contract No. CO3-09-708, Work Authorization No. 4 Dear Ms. Taylor: SLC-012-06 Exhibit A Inwood Consulting Engineers is pleased to present this supplemental agreement for necessary additional design efforts. Additional hours are necessary to satisfy post -design services during construction, field visits, coordination, plan revisions and general project tasks. The design effort will cause a change in the original scope. Attached is the fee proposal for approximately 87 hours, to be used on an as needed basis not to exceed $7,810.00. {Totalnetinazeeof$7,810.A0) Infrastructure Engineers, Inc. has provided a fee proposal for additional work tasks for post -design services during construction, review of shop drawings, coordination, and field visits. The design effort will cause a change in the original scope. Attached is the fee proposal for approximately 76 hours, to be used on an as needed basis not to exceed $9,973.00. {Total netinamm of$9,973 010) TIME OF PERFORMANCE is changed by this Contract Amendment. Project completion is scheduled for August 29, 2008. The total net increase of this Supplemental *2 Request is $17,783.00. We appreciate very much the County's consideration of this request. Should you have any questions or comments or need further explanation, please contact me at 407-971-8850. Very truly yours, INWOOD CONSULTING ENGINEERS, INC. net W. Middleton, P.E. Project Manager cc: File 870 Clark Street • Oviedo, FL 32765 9 tel• 407.971.8850 fax• 407.971.8955 �■|am@#.9 ■ !§E`@ a® |-as&!ae!§ ■ ; �}■f#§k� LLI ll22§a!■ 22 ;® �C4 ■�-������ k!-■ .. .: .. . $ � | § . � .� 2z �;p® fCIV 0 %$z &�32 X � ro c W o2 � Ek �ZG §2 w �0 CO) w � E b 2 2 zf «¥- 4 8 a m# 8 m@ @ a k k§ gas a 0 a a 2 LKm k I � 2 = k � a a a a a a a U 2 a A o 0 0 0 0 0 o e $. )§ o 0 0 0 0 0 0 0 0 0§ u 2 k/ � 0 0§ 2 ^ CD0 0 0 0 0 0 0 k �§R ° I§� # § B o o 0 0 0 0 o 0 R% ■JU® LY �■§� e� o 0 0 0 0 0 o R � § $ � §. 0 $ e a 2� 2) 22 ■] 0 m 2 o $ 1 # § k qC $ Cl go u) q w R Q _ @ - 0) 2 k�®fit a�aK & 6 c 9 @ w e \ � � o § U w o / 2 LL. 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W O o a aJ a v y v y w t� o a Z U z W m = 0 0 W } zLUw z$If5 aw4a n UaQ0 m � aU> >a .ems �crirmnFaF�cri��iQQ�� Wo �FO� a� � • N r U K z a z n 2$ z S U w >> > U y w a CO) a> a a N U h z N y W F m J J w z uri m ' Cp Cp pp ZQJ aQ aQ N N N • z G f0 U w Cf w 1w T L M 2 w n 7 4 R R J J ` W ��yy pp p cn o Cp � C o Gp pp o o � a a m mm m (� � G pp Opf � � �- f7 tp N p � � � �� � O L •O � d C N N N q Ol OOO OOo0000 •O o000 00.0 00 Y•-.�-c . g. a a a g a a a a a a a g a a a a a. a s a a s NLLa12 AGENDA REQUEST c6UNTY F LORI D A ITEM: # C-4 DATE: 10/9/2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Wayne Teegardin SUBMITTED BY (DEPT): Human Resources / Risk Management Risk Manager SUBJECT: CJ Critical and Palm Beach Trauma Associates Invoices. BACKGROUND: While in the process of committing a felony, Steven Coberlywas wounded by a Sheriff's Deputy and required emergency trauma services and was transported to St. Mary's Hospital where he underwent critical care. GENERAL NOTES: State Statute requires that the County reimburse medical expenses for inmates after all other avenues of reimbursement have been exhausted. FUNDS AVAILABLE: Funds are available in: 001-2300-531300-200. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends payment of CJ Critical Care (Lifestar)invoice in the amount of $7,470.00 and Palm Beach Trauma Associated invoice in the amount of $588.00 per State Statute. COMMISSION ACTION: [>j APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept. My - Finance: (Check for Copy only, if applicable)_ Review and Approvals Management & Budget: Other: CONCUR NCE: Douglas M. Anderson County Administrator i Purchasing: , Other: CoutvTy t l O R 1 D ARISK MANAGEMENT / SAFETY Memorandum WT 036 TO: COUNTY COMMISSIONERS COUNTY ADMINISTRATION FROM: WAYNE TEEGARDIN, RISK MANAGER DATE: OCTOBER 9, 2007 SUBJECT: AGENDA ITEM C-4; PAYMENT OF INVOICES FOR INMATE STEVEN COBERLY All attempts to recover inmate medical costs in accordance with Florida State Statute (901.35) have been made and have been unsuccessful. 1. Prisoner insurance: None 2. Prisoner: Incarcerated with no discernable means to pay 3. Financial settlement accruing to injured party (prisoner): None Fax sent by 6103548881 BUSINESS OFFICE 09-06-07 13:50 Py: 2/2 11500 HEALTH INSURANCE CLAIM FORM API'HOVED DY NATIONAL UNIHORM CLAIM COMMITTEE 0"5 T' PICA MEUICARE MEDICAID TnICARE CHANIPYA sl f(.bra,—❑;Mrnrcaltl at CHAMPUS u ❑ (Spo isor': SSN) a (M{p1mav) 11 PAS ENTS NAME L Itt Noma Pirist Alan),, Mladle lilitial) o)beri __SfieV�vl _. h PATIEN ITS ADD (Nn.•SlreetJ - i ITV STA I� P erce F ZIP CODE TELEPHONE IlnclWi, A:ra Cndn) £. CTHEH IIVSURED'S NAME (I-f NAm9, FIm t Nerns, Middle Initial) I a OTHER INScnED'S IOLICY OR OP.OUP NUMBER — )THER INSJHLD'Y DATE Or BIRTHDO SEX M❑ F❑ . EMPLOYERS NAME OR SCHOOL NAME d. INSLIyANCE PLAN NAME OR PROGRAM NAME UP FF.CA OTHER 1 a. INSURED'S LD. NUMBER TH PLAN SLK LUNG Jr 10) ❑ (SSN) ® (10) Z /_ — A -7 -- 3 81RTH Dry E SEX 4. INSUc.-ED:�SS NAME (L-,t N/ampr f )C1 , ;I�1f�MF{ Fn _'L_ —11 6. PATIENT RELATIONSHIP TO INSURED I SBR SPOU397Child --Lj 17. 1N9URED•S ADDRE&S (ILa.• S,-, �— , IV701)W O 8. PATIENT STA)U8 I Singly ❑ Marrleo ❑ Other ❑ C ��� FUR -Tune Employed ❑ Stuoent ❑Student Part-Tim9❑ ZIP CODE �� TELEPHON 10, IS PATIENTS CONDITION RELATED T07 11. INSUREDS POLICY GROUP OR FECA Ni W_ tY U PICA Program inMods Item 1) M�(For ' initial) Lh STATE y FL Iai(IrlclUde kea Cod ) s. EMPLOYMENT j,^.Vrrant Or PrevbUal a. IN DATE OF BIRTH SEX MM I DO I YY ❑ YES NO M ❑ F ❑ I 1 b. AUTO ACCIDENT? PLACE (State) b. EMPLOYER'S NAME OR SCHOOL NAME ❑ YES ®NO I c. OTHER ACCIDENT? c INSURANCE PLAN NAME OR PROGRAM NAME -� U YES VNO 10d. RESERVED FOR LOCAL USE HEAD (SACK OF FORM BEFORE COMPLETWG & SIGNING THIS FORM. 12 PATIENTS OR A'JTHURIZCD PCRSON'R SIGNATIRE I A nonze the rel99se o1 any mcdical r ntbrr Information nereesery, to pruas:: rhir, r41111 I also rsqueal payment of yu--crl brnsths sitherto Tryselt or to the party wf>0 9C.rlrplg assignment bet- S� Lycf'e Coy62 d, IS THERE ANOTHER HEALTH BENEFIT P ANQ ❑ YES ❑ NO Ryes, return to erW complete it- 9 a•d. 12. INSURED'S OR AUTHORIZED PERSON'S SIGNATURE I auttlorize payment o1 medloal Dene0B to the undelaigr,ed phvgiSian or supplier for 36RIcea described below. DATE SIGNED 11. DATE OF (URRFNT ILLNESS (=irst symptom) OR MM I DO YY INJtjRY (Arpdent) OH _ PRCGNANCY(LMP) 17. NAME OF RE'•FRRING PROVIDER OR OTHER SOURCE 1 P1.:tP 3EFVED FOR LOCAL USE 1.5. IF PATIENT HAS HAD SAME OR SIMILAR ILLNESS. GIVE FIRS(VATE MM 1 OD YY I 16. DATES PATIENT UNABLE MM 1 DD FROM TO WORK IN CURRENT OCCL 1N MM DO TO I I 1 Ta. ' , r ' 'Y si y. " iP HOSPITALIZATION DATES RELATED TO CURRENT SER' MM 1 00 1 YY MM I DO I FROM TO 1 20. OUTSI DE LAB? $ CHARGES 21 UTAONOSIS OR NATURE. OF II I. NFSS OH INJURY (RNI91r Maui- 1, 2.3 or 4 to IT- 9.4F byo LI - 3. 1 E]YES 1:1NO 22_ MEDICAID RESUBMISSION CODE ORIGINAL REF. NO, 28. PRIOR ALJTHOP47ATION NUMBER _ F 2d. A. DNTEIS) CF SERVICE B, G D. FROGEOURES, SERVICES, OR SUPPLIES E� F. G. H. I. J. FL0.CF OF (EzDlslrl Unusual CiruumsLsrKrs) DIAGNOSIS cnr5 to Io. RENDERING �- � vv MM DD 1'Y :iER'yllh FMr CPI/HCPCS I MODIFIER POINT ER a' $CHARGES IFJIT$ F;k.4Y ne, QUAL PROVIDER ID M 11 fJ I. .. r�/ryP .04 t7r }.7F r Y 1r: tie HIFerNry J:..: •ry01� rh �1 IRitli.11 kr l^°�-ry i„ ea' d peN, 1-"--+"--� D //� cis �• -/ I �1 1 S I I eJ NPI r a.1 21. I•_ .�f'/� I . ' w/r..I 1 'I'.: � r1 'I ,� L,o--.• $. �N x�1��F r t r M• M fiM F �'�,.. a hull it ILlre 4a,Mll, ".q�sr r. G} /�Q �-7 ^' �Q/1�/�, i.� .. iFw I"M• __ NPI ^. .�, y. h.Y.AMY Gu-+�. 3, 11.. i n ..i aI1 �F+rry4l «r „.Ip . dlrao;lcli il.,ll �t r* 1. i4111-Yi i Itt J NPI u N r t FI , Ir1 nJ '. prk'^ k}•'t!� y (q X (i'r Nfi Nr al& au 4 NPI 5. I 1 hb Y 4r 4u hitlY "' , :I 1 . rir ll e.niMlh♦ ILn' , h1 UIY'tl II�IIIni � ao- �.._VP1,:1V I; �� 6 I I I �I � y "I ..I .� h�.• fNPlp-i(r. wJl 0;)r llt li 41C�N �'lu Lj. Fw-Ip lkiulrLlPiJ iP__ ¢ H- � �mUEHAL I I. .J r I NPI TAX I.D. NLJNIBER / J � SRN FIN pb PAi leN I'S ACCOUNT NO. 27 ACCEPT ASSION�AEN F? r='Ornt dclm� vl 28. TOTAL CHARGE 129 4MOUNT PAID 30. BALANCE DUE �1• AI IRE SI�=Ngt11 ❑ t ( 14 vEs �No $ "J D Ma M LL LL z a Ir LU -i a a a0 R S a �. _HE JF r•H SICIAN OR SJPPLIEP INC. IJDINO G-GHEE$ OR CREDENTIALS p cnrtity !ho !n6 s[A1NR16nt9 Wl :Ile IevP.m!; 32 SERVICE FACILITY LOCATION INFORMATION�r '.'� CG _ j •¢ "q L JG1h 00 / t„ I f7 33. B7 PROVIDER INFO S PH N I �-{� �L J .• Aar G,.J L/� applyk :1.1; hell dnd Are Ad6 Adin thEY6ot.; C• 7oI i 71, A )[rds )'�a J ry f( TTT J / ,: Xvst { I,'-f �L_ ��s `Ll Y(�y (;1j1 (i L� ACC N�30� - P _ SiCiNEO UAIE A' ;.... j111`x«r ",. �•.. L 9, �', ,'i`. rM In.NdyN fiN i'.iii het NlU n`.1'r 171 µ.+� NUGC Instructio M ual availatrle at: Www nucc.Org /PLEASE PRINT OR TYPE APPROVED OMB 0938-0999 FORM CMS-1500 (08.05) Ilk\ Prinrerl nn Ra^vr•lavl Pnwr 09/06/2007 THU 13:51 [TX/RX NO 95861 Z 002 oLENSE v Do NOT ST. LUCIE COUNTY STAPLE %� � �3.6 2300 VIRGINIA AVENUE IN TWIS APeA FOR PIERCE, FL 34982 '""" / HEALTH INSURANCE CLAIM FORM 1. MCDICARF MEDICAID ChIAMPUS CHAMPVA GROUP FECA OTHER [�' (fulydrrnrr. qJ r - ...... HF,AI•TH PLAN BLK LUNG F-DA I-- - 1a. INSURED'SLD. NUMBER (FDH t+ROCiHAbI IN ITEM 1) (mlerl/cold A) (SpOn10!'L SSN1 NA Filc M) ,.. - i (SSN or /D) (ssN) n (ro) ---J-- - ..._...--J------�--�---- 0004490799 2. PATENT'S RIAME(La rNamn, First Nlamn. Mlndle lnttla9 i 3. P�MICNTOO If'Try hTE A.INSURED$NAME ILABI Namc, First Nnms. Mldtlk lriillap ' _ .^Rk COF3ERLY, STEVEN 08 2167 ❑ F 8 9M COBERLY, STEVEN .--�--�- n PATIENTS :\ ADDRESS No. Strnr.I ---- I ) 5 rATIENIT RCLATIOhSNIP TO INAURED - 7. INSURCD'B AOfIR(:,q$ - 905 JACK -SON WAY Srlf SPou r Chlld�) CthetI� 905 JACKSON WAY _ cl v ------ ST/tTF, jR PATIENI SiAT 15 FORT PIERCE FL warneI_I other n mnfx STATE E FORT PIERCE ..DDE FI f"FNONIE !Includ Arc CodrJ _E 71P CODE TFI RPHONE Il ELUDArF \ CO ' N CFj . 33496 ( I .. Ennlwca Full.Trn Pnrr.Tmr SWdrn! 'I] 33496 n OTHER INInt)PPOS NAME (Last Name First Nitro, Mlanle lnitle i 10 11 PATIENTS CONDITION RELATFD TO` `1 1N4UPEOS POLICY - - a. OTHF,R N$I IRFp'$ POLICY OR CROUP NI IMBER S EMPLOYMENT? (CURREr�T OR PREVIOUS) IYF rx,NO b. OTHER INSIJRED'S DATE OF SIRTFf SEX b. AL ITC) ACCIDENT`? PLACE (Slate) MIA DD M F I I r YES X NO 1 ---.. _._... U J L] c EMPLC'YEP'S NAME OR SCHOOL NAME c OTFIFR AOOIDFNT' 'YES NO —FRS -4--- -.—.. _ ...11....,1---, _.,_._ _...... ............. r INSURANCE PLAN NAME OR PROGRAM NAME 1(kl RFSERVFD FOR I.OGAL U$E RETiO RACK O' KOp[vl 6EFOR8 COMPLETING F SIGNI'NO YHIS FORM --- 12, PATIE.NTS OR AUTHORIZED PERSON'$ SIGNATURE, I —H-- the rmnnsc of ary mndkaL or erh5T IpformeUon neressery to pmcn3F thle Clnlrn I also request psynvprt of onvnrnmrnt hrrnhr Nfl)w to myself or to Ihry party who nCcepts ass {InrnOI1C hnlow. SIONED Signature on fle 1n DATE OF CURRE•Nr. ILLNESS !Firs[ symptom) OR Mlb OD .N INJLIRV (Arridrntj OR 09 17 12005 , PREGNANCY tLMP) 17. NAME OF REFERRING PI•IYSICIAN OR OTHER SOUR( GROUP OR FECA NUMs1CR MM DD YV SF:( 08.1 28 11967 M�XJ r• �i NF„R'S NAMEOR SCHOOL NAME... :. INSURANCE PLAN NAME OR PRCGRAM I ST, LUCIE COUNTY 1. IS THERE ANOTHER HEAL P.F,NIFFLT RLAN7 __..I vEs. ICJ NO If ye.^., return to and compinm lt— P p+l 9. IA16UP.E>TS P, gIITHORIYEb PERSON'S SIGNIATUR£ I nulhnrv. payment of medical benefits to Ihr undnrr.,l9 nnrl phy3lclen or Supplies for oemoes described bclaw. DATE 04 03 2006 51GNED Signature on file --..-._._--- ---- --._. 1T IF P ATIENT HAS H.gi)SAME OR $)MILAR ILLNESS 1E. DATES PATIENT UNABLE To WORK IN CLIRREvT OCCUPATION GIVFFIRSTOATF MM I DO YY MM DO Yy MM DD YY 1 y�1 I D. NUMBER OF REFERRIN@ PHYSICIAN FROM 19, HOSPITALIZATION OATES RFLATE) TO CURRENT SERVICES MM DO YY MM I DD Yv FROM09 117_12005 TO 09 116 12005 20. OUT^IOC LAA7 :i CHARGES I IYES 1X1 NO I 1 OF ILLNCSS DR I ,TL RY. tRELATE ITEMS 1.F DR ^ TO ORIGINAL REF. NO. I I 812.19 3 i. _—__ n 1 fmOATE(SI OF SCRVICCTo � Plxe � TYpJ RkOr HUIJRL'S SEHvICFS, OR +LIPPI IES DAYS F_PSDT - - - DIAGNOSIS of or (Czpinln Unuwal rlrnlmstanres PESRRLF7 f-OP c ) r S CHAR(;F_S OR Family FtA(: Cng LOCAL. USE MM JD YY MM DD YY .•rrmrr arryCFT/f-0CFCS MODIFIER_-__ - WITS Plan ._--.—__—__. .... ..._ ., _..._. _. ._. _..__—Ob .. ,- _.... .. 09 17 I2001 �.09 I. 17 P00 21 02 99291 1 588 00 1 III 17 17 �005� 1 I 02 '99291 0 00 1 I -�--- - 1 — -- - I — _l _......_.._ ... __L..-- -' .. ...... . 1 I 1-- 1 -- _ _.. I _ ..... . I I r' F JDEP. AI TAXTTi.IMUMBF_R S�TJ EIN 550637651 F.;Fx _ SIGNATURE OF PHYSICIAN OP. SUl ITIrR IrdCl,riMRG r.RJ,G,cF REDENTIAI the reneC. y' C } LnPlyj/nI s�arld al mca Part thel�j �t PALMBEACHTRAUMA ASSOCS 04 03 2006 :.-- , ... -- ..._.- . I 2n,. Pn I IFIYf 5 nLCUUMT NO 127. ACCEPT A. 0004490199 [XL evFo t ola 13: NAME AIJG i\'bbRCS_ OF F 4CAI PY VJHF.. RF._Fr RENDBREO tl c!hm than home Dr alper1 ST. MAR TRAUMA TRAUMA CENT 901 45TH STREET WEST PALM BEACH, FL 3340T )Flt-0EN7? 79 TUrAL CHARGE :?? AMOUh17 PAID 30. HA , rLcIr 'Lil, See Ilpckl NO s 588 l 00 s 0 I00 s 588 00 _.. [E^s WERE Fh 33 IY51CIAN'S, SUPPLIER'S DILL NAME, ADGRESS, PP r BOG L PI -IONS n PALM BEACH TRAUMA ASSOCS 3375 BURNS ROAD SUITE #206 P.B.GAP,DENS,FL 33410 l56,)691-8895 09/19/2007 WED 14:56 [TX/RX NO 96981 R 001 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation/Recreation ITEM NO. C-5ck, DATE: 10-9-07 REGULAR[] PUBLIC HEARING [ ] CONSENT [xx] PRESENTED BY: Debbie Brisson, Director SUBJECT: Budget Resolution 07-295, Acceptance of grant funding BACKGROUND: In June 2007, the Recreation Division applied forgrant funding from St. Lucie Co. Weed and Seed to pay for summer camp enrollment for children living within the Weed and Seed area. A total of 19 children attended one of 3 camps. At the agreed upon amount of $60/week per child, funds due the Recreation Division totaled $15,660. The camps involved were Lincoln Park Community Center, Fort Pierce Community Center and Westwood High School Summer Camp. The grant application was approved in June 2007, the contract number is C07-06-296. Staff requests Board approval of Budget Resolution 07-295, accepting the funds and allocating them to the appropriate revenue accounts. FUNDS AVAILABLE: Funds will be allocated to: 001-7216-347213-7102 $9360 001-7216-347213-7103 $4140 001-7216-347213-7104 $2160 RECOMMENDATION: Staff requests Board approval Budget Amendment 07-295 , accepting funds from St. Lucie Co. Weed and Seed in the amount of $15,660 for summer camp enrollments. COMMISSION ACTION: [)' APPROVED [I DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: j- 12(ouglas M. Anderson County Administrator (, Review and Approvals County Attorney: Management & Budget APurchasing: Originating Dept. Other: Other: 6"NTY "CU6 Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Director Subject: Approval of Agenda Item #C-5 Date: 9/14/2007 In June 2007, the Recreation Division applied for grant funding from St. Lucie Co. Weed and Seed to pay for summer camp enrollment for children living within the Weed and Seed area. A total of 19 children attended one of 3 camps. .; i. the agreed upon amount of $60/week per child, funds due the Recreation Division totaled $15,660. The camps involved were Lincoln Park Community Center, Fort Pierce Community Center and Westwood High School Summer Camp. The grant application was approved in June 2007, the contract number is C07-06-296. Staff requests Board approval of Budget Resolution 07-295, accepting the funds and allocating them to the appropriate revenue accounts LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File BOARD OF COUNTY COMMISSIONERS Mr. Adam Fetterman, c/o St. Lucie County Sheriff's Office 4700 W. Midway Rd. Ft. Pierce, Fl. 34981 Dear Mr. Fetterman: PARKS & RECREATION DEBRA DRISSON Director Enclosed is documentation for the children who attended summer camps conducted by the St. Lucie County Parks and Recreation Department, in accordance with the contract agreement between Weed and Seed of St. Lucie County and Parks & Recreation. The total requested is $15,660, Please note that there are five children whose applications are not included. Staff tells me that an employee of Weed and Seed who had a child in this camp may have already taken them. These reimbursement requests are paper clipped together. If you need anything additional, please call me at 462-1528. Sincerely, Patti Raffensberger, Recreation Manager JOSEPH E. SAA1H, District No. 1 • DOUG COWARD. Disrricr No. 2 • PAULA A. LEWIS. Disrricr No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT. Disrricr No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, Florida 34982-5652 PhnnP (772) 462-1518 • Fox (772) 462-1940 9 E-moil: brissond@co.st-lude.fl.us RESOLUTION NO. 07-295 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 through a grant from Community Capacity Development Office as a pass -through from Weed and Seed of St. Lucie County in the amount of $15,660. 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 91h day of October, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 001-7216-347213-7102 Summer Programs $9,360 001-7216-347213-7103 Summer Programs $4,140 001-7216-347213-7104 Summer Programs $2,160 APPROPRIATIONS 001-7216-552000-7102 Operating Supplies $9,360 001-7216-552000-7103 Operating Supplies $4,140 001-7216-552000-7104 Operating Supplies $2,160 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 9" DAY OF October, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY eU7- 0&-_�-96R WEED AND SEED aL5: St Lucie County Contract Agreement Between Weed and Seed of St. Lucie County, Inc. And St. Lucie County Parks and Recreation PROVIDER (Collaborative Partner) The mission of Weed and Seed is to promote comprehensive strategies to reduce crime and revitalize communities. Weed and Seed communities help themselves, enabling them to reduce violent and drug crime, strengthen community capacity to increase the quality of life, and promote long-term community health and resilience. The primary mission of the Weed and Seed strategy and the above named Provider is to: • Develop a comprehensive community based strategy • Coordinate government & private -sector initiatives, criminal justice efforts, and community services • Mobilize community residents to assist law enforcement • Assist human service agencies in identifying and responding to social needs • Participate more fully in the community planning and decision -making processes This AGREEMENT made as of this /,Z day of '�'(mu , 2007, for the period of June , 2007 through August 31, 2007, between the Weed and Seed of St. Lucie County, Inc., hereinafter referred to as WEED AND SEED, and the above named Provider, hereinafter referred to as the PROVIDER: WHEREAS, the PROVIDER is a qualified provider whose application for WEED AND SEED funds has been accepted by WEED AND SEED; WHEREAS, WEED AND SEED reserves the right to accept, reject, or negotiate modifications to any proposal, as it shall in its sole discretion deem to be in its best interest. WHEREAS, WEED AND SEED has determined that it is in the best interest of Weed and Seed of St. Lucie County, Inc., to enter into this Agreement with the PROVIDER. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. WEED AND SEED agrees to pay the PROVIDER an amount not to exceed 528,800 for summer camp programs for children who reside in the WEED AND SEED target area. The amount paid will be based upon verified enrollment for each child that attends the camp. conlmct with m loci. county parks and recreation REVISED 6.19.2007.doc JJJIIIrrr�WWA+��"' '� rl .'•�_ � o..... t ,.r 2. PROVIDER agrees to enroll as many children in their summer camp programs as space and budget allow within the aforementioned grant amount at a cost of $60 per child. Said amount shall include all registration fees, costs of field trip, and any and all other costs associated with participation in the PROVIDER'S summer camp program exclusive of costs that must be borne by parents or guardians (e.g., lunch, transportation to/from camp, etc.). 3. The grant funds will be disbursed on a reimbursement basis to PROVIDER within 14 days of receipt by WEED AND SEED of a Funding Request Form with supporting documentation. 4. PROVIDER agrees to provide a criminal screening background report on employees and volunteers who work with or have responsibilities over children, the elderly, and individuals with disabilities; the report must be dated within three (3) months of this grant agreement. Background Screening is required by a special condition of the Weed and Seed grant. 5. PROVIDER agrees to comply with the following additional provisions: a) Any purchase being made with WEED AND SEED funds requires PROVIDER to document all expenditures to show reasonable and effective use of the funds. b) The PROVIDER will submit a report to WEED AND SEED at the conclusion of the grant period with the Goal, Objective, and Outcomes Measures to include a narrative description of the activities, success of the project, percentages of participation ratios, and demographics reflecting participation by members of the Weed and Seed target area. c) Any acknowledgements or press releases regarding this project will include mention of the support of "Weed and Seed of St. Lucie County" and the use of the WEED AND SEED logo whenever possible. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officials. Ken Mascara Chairman, Weed and Seed of St. Lucie County, Inc. Date Date' contract with atlucie county parks and —reation REVISED 6. 19.2007.doc AGENDA REQUEST ITEM NO: C-5b DATE: October 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: American Cancer Society/Relay for Life/Waiver of Fees/Lawnwood Complex BACKGROUND: Staff has attached a copy of the letter sent to the Board of County Commissioners by the American Cancer Society requesting the waiver of fees for its annual RELAY FOR LIFE event. The event is scheduled to be held at the Lawnwood Complex on March 81h and 91h, 2008. Staff has determined that the requested amount of fees to be waived is $500.00. PREVIOUS ACTION: NIA FUNDS WILL BE MADE AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners waive fees in the amount of $500.00 as requested by the American Cancer Society for its annual RELAY FOR LIFE event scheduled to be held at the Lawnwood Complex on March 8th and 91h, 2008. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 T' Coordination/Signatures County Attorney: +' Mgt & Budget: Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) CONC ENCE: Doug Anderson County Administrator Other: Purchasi BOARD OF COUNTY COMMISSIONERS LUCIE 7STO. CUNTY . � f °L O, R` 1 D A.,, To: Board of County Commissioners From: Linda Barton, Asst. Director C PARKS & RECREATION DEBRA DRISSON Director Subject: Agenda C-5b/Waiver of Rental Fees/American Cancer Society Date: October 9, 2007 Staff has attached a copy of the letter sent to the Board of County Commissioners by the American Cancer Society requesting the waiver of fees for its annual RELAY FOR LIFE event. The event is scheduled to be held at the Lawnwood Complex on March 8th and 9th, 2008. Staff has determined that the requested amount of fees to be waived is $500.00. Cc: D. Anderson, County Adm. F. Outlaw, Asst. County Adm. D. Brisson, Director JOSEPH E. SMITH, Districr No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS, District No. 3 - CHARLES GRANDE, Disrrict No. 4 - CHRI5 CRAFT, District No 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.5r-lucie.fl.us 09/14/2007 15:15 7724622377 _ 09/14/2©07 02.55 465183E AUTC RESCUE PAGE 02/02 PAS e5 Connie T. Walker 7506 Miramar Ave. Ft. Pierce, Fl 34951 SePtember 14, 2007 To our Honored County Commissioners, As a past cludxpermom and cua+cnt cotttb dUm member of the Ft. fierce Relay for Life, I atn asking for your help. We have run into a snag with our original plan of having our Relay dorm at Mantas Square, the American Cancer Society iammee won't cover the liability due to the Praxixttity to the water. So, we ="to have our Relay at Lawnwood Stadium, in the grassy Brea, on March 8a' and 9"- The sec up would shut around 12:00 pm on Saturday March e and we should be done with cleanup by 3:00 pm on Sunday the Vh. What we would Uke you to consider is the waiving of the fees for our event. Last year we had a difficult year in our fundraisio>g and with our event. We wero cancelled due to lightening and had to reschedule. It was the first year in five, that we didn't reach our goad. It w8s very dlaheartening for us as a group to not accomplish that. This is a new year, a new attitude at►d a new lovation. We are doing everything in our power to get back 00 txnck and exceed our goal. With that being said, your help in Ws mission would be greatly appreciated. Thank you for your time. Sine mly, Connie T. Walker Logistics chairperson Ft. Pierce Relay for Life Federal Tax Idetx6fiNdOn #;59-065732.0 State Ccrtificate OfEXCMPtion #; 39-00-124113-56C Linda Barton - Relay for Life Page 1 RELAY FOR LIFE LAWNWOOD OPEN SPACE Connie Walker Off. 772-465-7416 EVENT INFORMATION 1) NON-PROFIT TAX EXEMPT DOCUMENT (if applicable) 2) INSURANCE CERTIFICATE- naming Saint Lucie County Board of County Commissioners as Additional Holders- General Liability ➢ Minimum One Million Dollar (1,000.000) per Occurrence ➢ Two Million Dollar (2,000.000) Aggregate for bodily injury and property damage ➢ One Million Dollar (1,000.000) Vehicle Liability 3) DATES REQUESTED ➢ MARCH 8T" and 9" 4) CHARGES ➢ 2 Days - $100.00 for 10,000 sq. ft area ($200) ➢ 2 Days - $150.00 one set of Bleachers (non-profit) ($300) TOTAL $ 500.00 •*e $250 Trash Cleanup Deposit (due at time of rental, refunded) 5) PLEASE NOTE: Event Permits - Fort Pierce. City Clerk 460-2200 x371 — 100 South Dixie tlighway r Diagram of event layout r No glass bottles of any kind allowecl r Proof of Security needed - Fort Pierce Police and/or Sheriff's Dept. Y Tents larger than I Ox10 require permit - St. Lucie County Fire Prevention 462-8306 i Please leave parking area and vendor occupied spaces free of any trash. Any questions, please call me at: Off. 772-462-2159 Cell: 772-216-0139 AGENDA REQUEST ITEM NO: C-5c DATE: October 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Debra Brisson,Director SUBJECT: Savannas Campground/Lease-Sublease with On -site Law Enforcement Officer BACKGROUND: The current Sub -lease for Lease #C01-09-588 approving an on -site Law Enforcement Officer at the Savannas was approved in January 2007. Deputy Christopher Mock moved into the trailer in January 2007. The original lease has been in effect since 9/25/01 and was with Officer Katherine England, who moved After purchasing a house last year. Deputy Mock is moving due to family health reasons. Staff would like to 'request that a new Lease/Sub-lease be approved with Ft. Pierce Police Department Officer Sal Garcia. Officer Garcia has been employed with the Ft. Pierce P.D. since 4110106. Due to jurisdictional protocol, having a Ft. Pierce P.D. Officer on -site is an added benefit to the Savannas as it is located within the Ft. Pierce city limits. Staff would like to keep the law enforcement element at the Savannas as it is very advantageous for the -safety of the campers. Staff is requesting that the Board of County Commisioners approve a Lease/Sub-lease with Officer Garcia and extend the lease for an additional three years as the original Lease Agreement is due to expire on 9/24/07. PREVIOUS ACTION: Please see background. FUNDS ARE AVAILABLE IN: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Lease/Sub- lease as drafted by the County Attorney with Officer Sal Garcia, allowing him to reside in Katherine England's trailer, located under existing contract at the Savannas, in exchange for performing security duties as defined in the Lease/Sub-lease. Approve extending the Lease Agreement an additional three years. COMMISSION ACTION: [k APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Douglas M. Anderson County Administrator ACoordination/Signatures County Attorney: Mgt & Budget: Purchasi Originating Dept: Public Works: Other: ri COUNTY F, L- Q:`R t D A - Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Parks & Recreation Director X Subject: Agenda Request C-5c Savannas On -Site Law Enforcement Lease Date: October 9, 2007 The current Sub -lease for Lease #CO1-09-588 approving an on -site Law Enforcement Officer at the Savannas was approved in January of 2007. Deputy Christopher Mock moved into the trailer in January 2007. The original lease has been in effect since 9/25/01 and was with Officer Katherine England, who moved after purchasing a house last year. Deputy Mock is moving due to family health reasons. Staff would like to request that a new Lease/Sub-lease be approved with Ft. Pierce Police Department Officer Sal Garcia. Officer Garcia has been employed with the Ft. Pierce P.D. since 4/10/06. Due to jurisdictional protocol, having a Ft. Pierce P.D. Officer on -site is an added benefit to the Savannas as it is located within the City limits. Staff would like to keep the law enforcement element at the Savannas as it is very advantageous for the safety of the campers. Staff is requesting that the Board of County Commissioners approve a Lease -Sub -lease with Officer Garcia and extend the Lease for an additional three years as the original Lease Agreement is due to expire on 9/24/07. LB:bjh c0[-Oq-,6-gg LEASE AGREEMENT ARTICLE _ 1.01 Term. St. Lucie County, a political subdivision of the State of Florida (the "County") hereby I ases to Katherine England (the "Lessee") for a term of three (3) years, beginning OF hereinafter referred to as the "date of execution," the Site described in Article 3.01 6elow for space to place a mobile home at the Savannah Recreation Area. ARTICLE 2 2.01 Option to Renew. Provided that there has been no default of the Lease by Lessee. Lessee may, by written notice to and with the approval of the Board of County Commissioners, at least two (2) months before the end of the current term, renew this Lease for one (1) additional period of three (3) years, upon such terms and conditions as the parties may agree. Such periods shall run consecutively so as to make this Lease continuous in its operation from the beginning to its termination, a period of six (6) years. In the event that the parties do not agree on terms before the expiration of this Lease, Lessee shall have no further rights under this Lease, 2.02 Facility and Concession Lease Agreement. This Lease is exclusive only to the Site and authorized Facility described herein. Lessee shall be responsible for acquiring all necessary local, state, and federal permits to locate the mobile home on the Site. ARTICLE 3 3.01 Site Description. A map of the Savannah Recreation Area showing the location in thy° Savannah Recreation Area of the Site ( the "Site")leased to the Lessor under this Lease Agreement is attached hereto and made a part hereof as Exhibit "A."The Site is located to the front of the park. The Site shall be the space on which the mobile home is situated, together with reasonable grounds for the usual needs of the Lessee at the space designated. Any conflict between the location on Exhibit "A" and the description in this Lease shall be resolved in favor of Exhibit "A." (:ARTICLE 4 4.01 Lessee Responsibility. The Lessee agrees o: A. Provide telephone service to the mobile home. B. Reside in the mobile home and advise the Recreation Supervisor where applicable of the normal hours of the Lessee will occupy the mobile home, and further of any expected absence which deviates significantly from the normal, routine. C. To be named as primary response person on security/fire alarm call out list and to res d to security/fire alarms as requested, g:\atty\agreemnt\lease\England - 1 - D Notify, where appropriate, the Recreation Supervisor and/or Sheriff's G Department, of any unusual activity on the property including but not limited to suspected trespass and vandalism. E. Maintain insurance coverage for any property owned by the Lessee and be financially responsible for any damage to the mobile home or any property therein for damages, excluding normal wear and tear. Lessee will provide the County with a Certificate of Insurance naming the County as an additional insured. F. Maintain insurance coverage in the amount of $25,000 at all times to pay on behalf of and to save, hold, and keep harmless the County, its officials, employees, agents and volunteers and indemnify the County, its officials, employees, agents and volunteers against any and all claims, demands, penalties, judgments, court costs, attorneys fees and liability of every kind and nature for any injury that may be sustained by the Lessee, guests or invitee while at the Site. 4.0�spe e Lessee shall be responsible for general observation of the property with her duties o cifically include but not be limited to: L.J Periodic inspection at least twice a day of all buildings on the property. Check daily to see that the gates are locked. l:-i' Inspect for signs of damage or vandalism, and report any found to the Recreation Supervisor and/or the Sheriff's Department. eE Report any unauthorized person found in the area to the above persons. Maintain an activity log of inspection tours, noting the dates and times the Campground is checked, problems and people encountered, safety hazards, abnormal activity, discrepancies, and unusual circumstances, together with corrective action taken, or person notified, The log shall be submitted to the Recreation Supervisor on a monthly basis. OTo take all lawful steps to protect the property on the County Site from burglary, malicious mischief, unlawful trespass and vandalism, and to prevent injuries and unlawful acts, to secure the assistance of Peace Officers in apprehending and arresting persons committing unlawful acts, and to be available as a witness in any court in which charges against such persons committing such acts may be instituted or pending as a witness for the State of Florida in such prosecutions, or in any Civil action in which efforts are made to collect damages. ARTICLE 5 5.01 Utility Reimbursement The County shall make all arrangements for and pay timely all costs of all utilities and services other than telephone service furnished to or used by Lessee, including, without limitation, electricity, water, trash collection, sewer services and for all connection charges pertaining thereto. The County does not' guarantee that the service of such utilities will be adequate or continuous. The Lessee further covenants and agrees that she will use the aforesaid utilities being furnished to her only for her actual housekeeping needs. Lessee may not install, extend and/or make any arrangements for the installation or g:\atty\agreemnt\lease\England -2 - AGENDA REQUEST COUNTY F L 0 R 1 D A ITEM NO: C-5�D DATE: October 9, 2007 REGULAR [ ] PUBLIC HEARING ( ] CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Debra Brisson SUBJECT: Request for approval to Serve Alcohol at Pepper Park BACKGROUND: Cathy Townsend is hosting a wedding reception at Pepper Park on October 13, 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 ARE AVAILABLE IN: RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Cathy Townsend's request to serve/sell alcohol at Pepper Park during the October 13, 2007 reception that she is hosting. COMMISSION ACTION: r ] APPROVED [ ] DENIED LC' . OTHER: Pulled prior to meeting. CONCURRENCE: z / oug . Anderson County Administrator Coordination/Signatures County Attorney: Management & Budget: Purchasing: Originating Dept: Other: Admin/Finance (if applicable) 09/26/2007 09:56 7724622377 PAGE 01/01 COUNTY _ F L O R{ O A St. Lucie County Parks & Recreation Departs Reservation Request/ Facility Use permit Name of Group — Date: Address 01 P Al Q ,r c� City: lkil .Zip Code: Applicant Name c T— a Phone: Facility/ParkRequested 1Q.�� (?A Date(s) requested Intended Use Alcohol Sale or Consumption? ( 1,q (Complete Alcohol Beverage Pertnit) List any special circumstances; services, and / or materials needed 1) The following capacity limits have been established: Indrio School House: 116 1 ime: From a� �— to�� (include act up & tear down) No. of People Expected to Attend Walton Community Center: 130 Nlatavilla 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 h nits 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 (AHouseman(p) will be present and will be paid for by the renter. No rental shall last beyond uridnight. A penalty of $100/hour will be assessed after midnight, in additional to Houseman fees. 2) General Liability insurance in the amount of $1 Million per occurrence/$ lmillion in the aggregate is required_ Nm7profit oreani7ations (il cludine family eroups) can arrange for Wk insurance through the Recreatic arhne-1 Insurance rates vaty depending on the number of attendees at the event. An insurance cord floats must be producod showing St. Lucie County Board of County Conunissioners 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 lator than 2 weeks in 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 Permittee 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 pertnit 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 clmi 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, 09/26/2007 15:15 7724621940 PARKS ADMIN SLC PAGE 01/01 C HM BEVEM MOT ST._L 1 -PAt?VS AN]) R.E;CREATION DEPT, (2hr5 form is to be used in coajunction with HT 1^ae07ity Use Permit) L _ represent rcquest a permit to consume and/or sell alcoholic bev iges for on -site consumption at C. on ,_. t c7 - l 5 — rn Criteria for issuMe of the permit 1. An applicant must be at least 21 years of age. 2. An applicant must possess a valid driver's license or anot1w fomt of idcatification containing a current address. 3. Application for permit must be completed and delivered to the Parks and Recreation Departnnctit at least 15 days prior to the event. 4. user must present a CIencral Liability Insurance policy certificate for the date of use Md a host liquor liability policy certificate _caA 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 mquired to rneet 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 SherUrs Office. no fee is payable directly to the. Parks and Recreation Department at the time of payment for. the; facility usc. S:onditiowol??ermit 1. Person signing the permit must be present during the event. 2. Area of permit use will be confined to the area specified above: Mer 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 beverages 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 applicable St. Lucie County ordinances and. the conditions of this permit as act out above. _...L-.a"i—M Data Date State Permit Received Date Insurance Certificates Received 10/02 L1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: St. Lucie County Sheriff's Office ITEM NO. C6 DATE: October 9, 2007 REGULAR[] PUBLIC HEARING [ ] CONSENT[X] PRESENTED BY: Toby Long Director of Finance SUBJECT: Request retroactive approval for distribution from the 2006/2007 Law Enforcement Trust (L.E.T.) Fund in the amount of $246,354. BACKGROUND: The monies will be used for complex and protracted investigations, as well as, Crime Prevention and School Resource Deputy expenditures. See attachment. FUNDS WILL BE AVAILABLE IN: Law Enforcement Trust (L.E.T.) Fund-620-2110-591000-200 The current 2006/2007 LET budget is $227,880. The county has received additional LET revenues for this period. Therefore, the budget will be increased during year end clean up of funds to cover the additional cash disbursement. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the Sheriff's retroactive request and transfer of funds in the amount of $246,354 for 2006/2007, COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ] OTHER: / / Approved 5-0 Doug Anderson T County Administrator Coordination/Signatures County Attorney: Management & Budget: Purchasing: Ong Dept: Finance: (Check for Copy only, if applicable) PW orks: 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. if Oberif f KEN J. MASCARA, Telephone: (772) 462-3200 • Fax: (772) 489-5851 4700 West Midway Road • Fort Pierce, Florida 34981 September 21, 2007 The Honorable Chris Craft, Chair St. Lucie Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Chairman Craft: Attached is a request for distribution of funds from the Law Enforcement Trust Fund in the amount of $246,354. I herby certify that this request complies with the provisions in the 2007 Florida Statute 932.7055. Thank you for your continued support and assistance. rry R. Wilson hief Deputy dp Attachment OFFICE OF MANAGEMENT & BUDGET SEP 21 2007 ST LUCIE COUNTY FLORIDA c m R m � " po n A o<v w� SOS O D y A D a 3 3 3 m o m o m m U m y a r <p> ma c v v m p a 9 'o a 2 0 .� c y m < O N �C A 3 5�003 m.'»»n mm n oo F :3 Oaf Dots >>>> g e w'w 3 y � � � n� d N A G ➢1 N} C N a N n ? oz �» x p c N U , m m _s m m A N N c N UJ o c m m 0 m m V o 0 � V g a (p m o 0 ss N g j N q q UI A O 1p O �O W O O P W W J V O W OI O W W C O O G O O PPP. N N O C O O G O Ol N O ..... 0 .. 0 0 0 0 0 0 q g N q q q M q W � {� A V N O N W q+ Ip OqD qW 4 A W W O W W 0 0 0 0 I)i N O O 0 0 0 0 0 O O O O O G O O O O G O O O O O O � � N N U N V O V O K J N N N (/ N d 4Y IO W N o a � N o � � � c � � � n � m a � n o � a � o Z v m 4 m � � n o• 0 3 0 0 n o PARK REFERENDUM AGENDA REQUEST ITEM NO: C-7 DATE: October 9, 2007 REGULAR: [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debbie Brisson, Director SUBJECT: Approve Florida Youth Conservation Corps to purchase and install guardrail for the new decel lane on Emerson Avenue BACKGROUND: Parks and Recreation needs to install guardrail for the new decel lane on Emerson Avenue to ensure the safety of our citizens. The Florida Youth Conservation Corps is a nonprofit organization that provides opportunity for at risk young adults to get on the job training and job placement after one year in the program for jobs in the Construction and Maintenance industries. This organization meets all the criteria of Florida Statute 255.60 (see attached). The Florida Youth Conservation Corps. submitted a quote for the purchase and installation of guardrail. Staff is requesting that the BOCC approve Florida Youth Conservation Corps to purchase and install the guardrail and to use Park Referendum funds in the amount of $5,620.15 to cover the cost of the project. PREVIOUS ACTION: N/A FUNDS ARE AVAILABLE: 129-7210-563000-7692 (Park Referendum (MSTU) Infrastructure-Decel Lane project) RECOMMENDATION: Staff recommends that the Board approve Florida Youth Conservation Corps to purchase and install guardrail for the new decel lane on Emerson Avenue, and to use Park Referendum funding in the amount of $5,620.15. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept: CONCURRENCE: —/—Doug Anderson County Administrator Coordination/Si natur s Management & Budget: AN Purchasing: --�&Public Works: Other: Finance: (Check for Copy only, if applicable) COUNTY Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Director�A/1 Subject: Approval of Agenda Item #C-7 Date: 9/17/2007 Parks and Recreation needs to install guardrail for the new der -el lane on Emerson Avenue to ensure the safety of our citizens. The Florida Youth Conse rvation Corps is a nonprofit organization that provides opportunity for at risk young adults to get on the job training and job placement after one year in the program for jobs in the Construction and Maintenance industries. This organization meets all the criteria of Florida Statute 255.60 (see attached). The Florida Youth Conservation Corps. submitted a quote for the purchase and installation of guardrail. Staff is requesting that the BOCC approve Florida Youth Conservation Corps to purchase and install the guardrail and to use Park Referendum funds in the amount of $5,620.15 to cover the cost of the project. LB: em Attachment cc: D. Anderson, County Administrator Chron File 'lorida Youth Conservation Corps. - 11 Repair & Maintenance Services 11 Page I of 2 FLORIDA YOUTH: CONSERVATION, CORPS. REPAIR & MAINTENANCE The Florida Youth Conservation Corps earns its funding by doing light highway maintenance and construction activities for the Florida Department of Transportation, ICA, VMS, cities, and counties and other related companies. We have completed several mitigation projects for Federal, State and local governments including a recent 6 months project at the Pelican Island National Refuge. We currently have contracts with the Florida Department of Transportation in all its Districts. Our contracts with FDOT relate to light highway maintenance duties including: • repair sidewalks • retro fiiting and repair of new ADA wheel chair ramps • replacing and installing new sidewalks • repair of Type A and Type B fencing • edging and sweeping • clearing and grubbing • tree trimming, removal and chipping • small machine mowing and weed eating • removal of exotic plants, trees and other such vegetation • bull nose painting FYCC has crews located all over the State from the Panhandle to Homestead to Fort Myers to Jacksonville and all areas in between. We act as both prime and subcontractor. If you are looking for quality work at a fair price - look no further - contact FYCC. Florida statue 255.60 allows any political subdivision of the state including counties, cities, school districts, special districts and state agencies to contract on a limited basis with organizations such as FYCC via direct negotiations. 37918 Vitality Way, Dade City, Florida Phone:(352) 523-2078 Fax: (352) 523-2058 E-Mail: youth.fycc@pcia.net )UTH CONSERVATION CORPS (YYCC) D. Bnt 1082, Dade City, Florida 33523 Inc: 352-523-2078 FA:: 352-523.2058 CONTRACTOR'S ESTIDLklt To: St_ Lucie County LakcwaodParkPMect Patks & Rmr der' Invoice #; 0 Dote•, 9/I3/2007 Project Description: Guardrail RepAir District# 4 Crt:wl Location: Contract No.: W.O. tl State Project No.: No. jBillbig Period Prom; to Item Description 6.09 Guardraii Panel Rnadw allirclueivel Sha BentPanets End Anchoran Asscmb -SRT-350 P526-22 6 19 End Ancharan Assembl - ]I. Quantl 100.00 1.002 ].00 Unit Price S 18.00 $ 26.256-I3 538.90 $ 625.00 A. -mount, 1 t100,0025.00 625.00 $ 5,6ZO,15 'Total Amount Due; --- - Received By : Contractor's Signature Date: 20 Signntnre: Statutes & Constitution :View Statutes :->2007->Ch0255->Section 60 : Online Sunshine Pag, 1 of 2 The 2007 Florida Statutes Title XVIII PUBLIC LANDS AND PROPERTY Select Year: 2007 Go Chapter_255 PUBLIC PROPERTY AND PUBLICLY OWNED BUILDINGS ViQw Entire Chapter 255.60 Special contracts with charitable youth organizations. --The state, or the governing body of any political subdivision of the state, is authorized, but not required, to contract for public service work such as highway and park maintenance, notwithstanding competitive sealed bid procedures required under this chapter or chapter 287, upon compliance with this section. (1) The contractor or supplier must meet the following conditions: (a) The contractor or supplier must be a not -for -profit corporation incorporated under chapter 617 and in good standing. (b) The contractor or supplier must hold exempt status under s. 501(a) of the Internal Revenue Code, as an organization described in s. 501(c)(3) of the Internal Revenue Code. (c) The corporate charter of the contractor or supplier must state that the corporation is organized as a charitable youth organization exclusively for at -risk youths enrolled in a work-study program. (d) Administrative salaries and benefits for any such corporation shall not exceed 15 percent of gross revenues. Field supervisors shall not be considered administrative overhead. (2) The contract, if approved by authorized agency personnel of the state, or the governing body of a political subdivision, as appropriate, must provide at a minimum that: (a) Labor shall be performed exclusively by at -risk youth and their direct supervisors; and shall not be subject to subcontracting. (b) Payment must be production -based. (c) The contract will terminate should the contractor or supplier no longer qualify under subsection (1). (d) The supplier or contractor has instituted a drug -free workplace program substantially in compliance with the provisions of s. 287.087, (e) The contractor or supplier agrees to be subject to review and audit at the discretion of the Auditor General in order to ensure that the contractor or supplier has complied with this section. 1Pn QtarP 0 „�/RtarntFc/index cfm",\..r, m0rle=17isn1av Statute&Searrh Strinn=&URL=Ch02... 9/14/2007 Statutes & Constitution :View Statutes :->2007->Ch0255->Section 60 : Online Sunshine Page 2 of 2 (3) No contract under this section may exceed the annual sum of $250,000. (4) Should a court find that a contract purporting to have been entered into pursuant to this section does not so qualify, the court may order that the contract be terminated on reasonable notice to the parties. The court shall not require disgorgement of any moneys earned for goods or services actually delivered or supplied. (5) Nothing in this section shall excuse any person from compliance with ss. 287—U2-287.134. History.--s. 1, ch. 2003.113. Copyright © 1995-2007 The Florida Legislature - Privacy Statement • Contact Us httrr//wulnr lea ctate.fl.n.,;/Stntntes/index.cfm?Ann made=Di-,nlav gtatuteRr.gearch SYrina=klJRT.=C'h02... 9/14/2.007 AGENDA REQUEST ITEM NO. C8A TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery DATE: October 9, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: Ken Justice SUBJECT: Authorize the submittal of a grant application to the PETCO Foundation on behalf of the Humane Society of Saint Lucie County, Inc. Grant forfunding to protect animals and educate the public on animal care and relationships. BACKGROUND: The mission of the Humane Society of Saint Lucie County, Inc. is to provide compassionate care and safe shelter for homeless animals and education to the community on responsible companion animal stewardship. The organization supports the adoption of healthy and loving animals and implements a variety of educational resources geared to enhance quality animal care techniques, safety measures, spaying, neutering, emergency disaster planning, and medical care for County animal owners and lovers. It is estimated that over 90,000 dogs and cats reside in St. Lucie County. If awarded, this $25,000 grant would provide funds to implement Outreach services that include: 1. Local advertising to promote pet adoption via Comcast Cable, 2. Utilization of the Adopt -A -Pet Mobile to deliver educational services and resources to County residents, schools, and local businesses, and 3. Supply adoption vouchers that subsidize spaying and neutering services at low costs. FUNDS AVAIL: No cost for St. Lucie County. PREVIOUS ACTION: There has been no previous action on this project. RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application to the PETCO Foundation on behalf of the Humane Society of Saint Lucie County, Inc. COMMISSION ACTION: CONCURRENCE: I X APPROVED [ ] DENIED [ ] OTHER: Dou91 Anderson Approved 5-0 County Administrator v Coordination/Signature County Attorney: C. '' Mgt & Budget: Purchasing: Originating Dept:_ Public works: Other: Finance: (copies o ): AGENDA REQUEST ITEM NO. C813 DATE: October 9, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Grants / Disaster Recovery Ken Justice SUBJECT: Authorize the submittal of a grant application to the American Humane Society— The Second Chance Fund on behalf of the Humane Society of Saint Lucie County, Inc. Grant for funding to aide in providing medical treatment and rehabilitation to abused and neglected animals. BACKGROUND: The mission of the Humane Society of Saint Lucie County, Inc. is to provide compassionate care and safe shelter for homeless animals and education to the community on responsible companion animal stewardship. The organization supports the adoption of healthy and loving animals and implements a variety of educational resources geared to enhance quality animal care techniques, safety measures, spaying, neutering, emergency disaster planning, and medical care for County animal owners and lovers. It is estimated that over 90,000 dogs and cats reside in St. Lucie County. If awarded, this $2,000 grant would provide funds to supply medical services to approximately 17 Pit bulls currently impounded. These animals were rescued by law enforcement authorities from individuals raising them as potential bait dogs. These animals are in need of special medical care, including behavioral therapy, in an effort to prepare animals to be made "adoptable". FUNDS AVAIL: No cost for St. Lucie County. PREVIOUS ACTION: There has been no previous action on this project. RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application to the American Humane Society on behalf of the Humane Society of Saint Lucie County, Inc. COMMISSION ACTION: CONCURRENCE: jCl APPROVED [ ] DENIED [ ] OTHER: Douglas Andersoa Approved 5-0 County Administrator County Attorney: Originating Dept: Finance: (copies ly): Coordination/Si natur s f' Mgt & Budget: Purchasing: Public Works: Other: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT ITEM NO. C-9-A DATE: 10/09/2007 REGULAR( ) PUBLIC HEARING ( ) CONSENT(X) PRESENTED BY: NEIL APPEL, DIRECTOR SUBJECT: Second Amendment to Contract C06-07-407 with Hulett Environmental Services for Pest Control Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 461-75201-534000-700 (Tradition — Other Contractual Services) 001-7216-534000-7106 (Recreation — Other Contractual Services) PREVIOUS ACTION: On August 28, 2007 the Board approved the first amendment to Contract C06-07-407 adding Guardian Ad Litem office RECOMMENDATION: Staff recommends that the Board approve the second amendment to contract C06-07-407 with Hulett Environmental Services, adding Tradition Field and Open Space Pool to the existing pest control contract, and authorize the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: (>5 APPROVED O DENIED ( ) OTHER Approved 5-0 Coordination/Signatures (� County Attorney (X) Mgt. & Budget (X) Originating Dept. () Other ( ) Finance: (check for copy, only if applicable) CONCURR CE: UG ANDERSON COUNTYADMINISTRATOR Purchasing (X Other ( PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: September 24, 2007 RE: Second Amendment to Contract C06-07-407 with Hulett Environmental Services for Pest Control Services BACKGROUND: On June 21, 2006, Bid #06-068, Pest Control Services was opened. Three hundred and fifteen (315) vendors were notified, eighteen (18) documents were distributed, and five (5) bids were received. Staff recommended award of Bid #06-068 to the low bidder, Hulett Environmental Services for an initial contract period of two (2) years beginning on September 1, 2006 and continuing until August 31, 2008. The contract also allows for two (2) additional one-year renewal terms. On August 28, 2007 the Board approved adding the Guardian Ad Litem office located at 584 NW University Blvd., Suite 600, Port St. Lucie for an additional cost of $10.00 per month and $120.00 per year. Now staff is requesting permission to add two (2) locations. The first addition is Open Space Pool Office, located at 1211 Avenue M, Ft. Pierce for an additional cost of $8.00 per month or $96.00 per year. The second addition is Tradition Field, offices and concessions, located at 527 NW Peacock Blvd., Port St. Lucie for an additional $188.00 per month or $2,256.00 per year. The new contract total will be $14,306.64 per year. RECOMMENDATION: Staff recommends that the Board approve the second amendment to contract C06-07-407 with Hulett Environmental Services, adding Tradition Field and Open Space Pool to the existing pest control contract, and authorize the Chairman to sign the amendment as prepared by the County Attorney NA/mrs AMENDED EXHIBIT "A" BID FORM - Bid No. 06-068 Pest Control Services I BUILDING ADDRESS I MONTHLY I YEARLY (Lincoln Park Community Center 11306 Avenue M I $ 8.00 I $ 96.001 IRestroom/Pumo House Igngn 1,� if, A,. -. I m I -- I _ __ Indrio School House --- - 8850 Indrio Road a $ avu 5.00 y $ bU.UU 60.00 Walton Road CommunityCenter 11090 Ridge Avenue $ 8.00 $ 96.00 Recreation Division Office 1302 Virginia Avenue $ 8.00 $ 96.00 Gardner House 414 E. Seaway Drive $ 8.00 $ 96.00 Historical Museum 414 E. Seaway Drive $ 15.00 $ 180.00 UDT Seal Museum 3300 N. A.1.A. $ 8.00 $ 96.00 Fort Pierce Community Ctr. 600 N. Indian River Drive $ 8.00 $ 96.00 Fairwinds Golf Course 4400 Fairwinds Drive $ 8.00 $ 96.00 Savannas Recreation Area 1400 E. Midway Road $ 5.00 $ 60.00 Oxbow Environmental Center 5400 St. James Drive $ 8.00 $ 96.00 Fairgrounds Maintenance Bldg 15601 W. Midway Road $ 5.00 $ 60.00 Fairgrounds Concession Bldg 15601 W. Midway Road $ 5.00 $ 60.00 Fairgrounds Main Office 15601 W. Midway Road $ 5.00 $ 60.00 Fairgrounds - Exhibit Hall Bldg. #1 15601 W. Midway Road $ 10.00 $ 120.00 Fairgrounds - Exhibit Hall Bldg. #2 15601 W. Midway Road $ 8.00 $ 96.00 Fairgrounds - Exhibit Hall Bldg. #3 15601 W. Midway Road $ 8.00 $ 96.00 Pumping Station 3251 N.A. I.A. $ 5.00 $ 60.00 South Hutchinson Wastewater Treatment Plant 7601 S. Ocean Drive $ 5.00 $ 60.00 Clerk of Court - Oran a Blossom Mall 4300 Okeechobee Road $ 10.00 $ 120.00 Supervisor of Elections - Orange Blossom Mall 4300 Okeechobee Road is 10.00 $ 120.00 First Amendment Addition Guardian Ad Litem 584 NW University Blvd. Ste 600 $ 10.00 $ 120.00 Second Amendment Addition Open Space Pool 1211 Avenue M $ 8.00 $ 96.00 Tradition Field 527 NW Peacock Blvd. $ 188.00 $ 2,256.00 TOTAL $ 14,306.64 Page 2 of 2 AMENDED EXHIBIT "A" BID FORM - Bid No. 06-068 Pest Control Services BUILDING ADDRESS MONTHLY COST YEARLY COST Airport Terminal 3000 Aviation Way $ 15.22 $ 182.64 Federal Inspection 2990 St. Lucie Blvd. $ 12.06 $ 144.72 Airport Maintenance Building 4801 Airport Road $ 14.00 $ 168.00 Court Admin. Old Tribune Bldg.) 200 S. 2nd Street $ 8.00 $ 96.00 Health Kids Old IM Water Bldg.) 117 Atlantic Avenue $ 8.00 $ 96.00 Public Defender 216 S. 2nd Street $ 15.00 $ 180.00 Courthouse Annex 218 S. 2nd Street $ 78.00 $ 936.00 State Attorney 14 Stories 411 S. 2nd Street $ 36.85 $ 442.20 State Attorney II 2 Stories 415 S. 2nd Street $ 15.00 $ 180.00 Clerk of Court 210 Depot Drive $ 5.00 $ 60.00 Libra Hurston Branch 3008 Avenue D $ 8.00 $ 96.00 Libra (Fort Pierce) 101 MelodyLane $ 20.00 $ 240.00 Libra Port St. Lucie 180 SW Prima Vista Blvd. $ 8.00 $ 96.00 Libra Lakewood Park 7605 Santa Barbara Drive $ 15.00 $ 180.00 Libra Mornin side 2410 SE Mornin side Blvd. $ 20.00 $ 240.00 Agricultural Center 8400 Picos Road $ 15.00 $ 180.00 Hurricane House A 8400 Picos Road $ 5.00 $ 60.00 Administration Complex 2300 Virginia Avenue $ 125.00 $ 1,500.00 South County Annex 250 SW Country Club Drive $ 45.00 $ 540.00 Walton Road Annex 1664 SE Walton Road $ 36.25 $ 435.00 Road & Bridge - Main Office 3071 Oleander Avenue $ 5.00 $ 60.00 Road & Bridge - Barn Offices 3071 Oleander Avenue $ 5.00 $ 60.00 Road & Bridge - Sign/Traffic Offices 3071 Oleander Avenue $ 5.00 $. 60.00 Central Services - Office Building 3071 Oleander Avenue $ 8.00 $ 96.00 A/C Maintenance Shop 3071 Oleander Avenue $ 5.00 $ 60.00 Rock Road Jail 900 N. Rock Road $ 188.84 $ 2,266.08 Emergency Operations Center 101 N. Rock Road $ 10.00 $ 120.00 Community Services/Record Management 437 N. 7th Street $ 15.00 $ 180.00 Juvenile Court/Clerk Records Management 1435 N. 7th Street $ 20.00 $ 240.00 Sheriff Department - Office Building 4700 Midway Road $ 55.00 1 $ 660.00 Page 1 of 2 SEP.21.2007 8:33AM ftea6a HU'LETT environmental services NO. 931 7670 Okeechobee Boulevard, West Palm Beach, Fl. 33411 - 686-7171 - Melisa Sumberland 2300 Virginia Ave. Ft. Pierce, F134982 Dear Melisa: Hulett Environmental Services will add the Open Space Pool office building to the existing pest control contract per your request. The office building to be treated is 875 square feet and is located at 1211 Avenue M Ft Pierce. The cost to the county for this addition will be $8.00 monthly or S96.00 annually. This pricing is in line with similar properties our company currently services for St. Lucie County. Please do not hesitate to r call me if you have any further concerns or questions. Si rel Arthur Pegler Treasure Coast Branch Manager P, 1 www.bugs.com SEP, 24. 2007 9:25AM NO, 961 P. 1 HULETT environmental services 7670 Okeechobee. Boulevard, West Palm Beach, R 33411 • 686-7171 • 1 i Melissa Sumberland 2300 Virginia Avenue Ft. Peirce, Fl. 34982 i I Dear Melissa: i I Hulett Environmental Services will add Tradition Field located at 527 NW Peacock Blvd. Port St. Lucie, Fl to the existing pest control contract per your request. The areas to be treated include the county office, Mets office, five concession stands, twelve bathrooms, minor league training complex and the maintenance building. The cost to the county for this addition will be $198.00 monthly or $2256.00 annually. This pricing is in line with similar properties our company currently services for St, Lucie County. Please do hesitate to call me if you have any further concerns or questions. Sin' 6ZA� V L Arthur Pegler Treasure Coast Branch Manager. wwwvbugs.com Page I of 1 Patty Marston - Re: Hulett Environmental Svcs @ Open Space Pool From: Guy Medor To: Marston, Patty Date: 9/24/2007 3:29 PM Subject: Re: Hulett Environmental Svcs @ Open Space Pool CC: Medina, Pamela Patti: Thanks for the update. Pam (at Tradition Field) is on top of it .......... good to go. Guy D. Medor Parks & Tradition Field Manager Parks & Recreation Department (772) 462-1527 (772) 216-0339 (cell) >>> Patty Marston 9/24/2007 3:11 PM >>> Hello Patti & Guy, Just to let you both know that Purchasing will be going before the Board on 10/9/07 for approval of the 2nd Amendment to contract #C06-07-407 with Hulett Environmental Services for Pest Control Services. The account stings identified for funds available are: 001-7216-534000-7106 (there are no funds in the FY08 budget) 461-75201-534000-700 (there is $281,984 in the FY08 budget) The pest control services are $8.00/month & $96.00/year for 001-7216 & 188.0�month & $2,2_5.6.00jy_e_ar. Patti, If the Board approves Purchasing's agenda request, a Line -To -Line (LTL) will be needed to establish funds in account #534000. Guy, you may also need to do a LTL if you have the funds flagged for other uses. file-WADocuments and SettinQslAdministrator\Local Settings\Temn\XPgrnwise146F7D7C3SLCMAILDV... 9/24/2007 ITEM NO. DATE: AGENDA REQUEST REGULAR TO. BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: PURCHASING DEPARTMENT C9-B 10/09/07 PUBLIC HEARING ( ) CONSENT ( X ) PRESENTED BY: Neil Appel, Purchasing Director Board approval to advertise an Invitation to Bid (ITB) to construct a sidewalk located in the FDOT right of way on Emerson Avenue along the length of Lakewood Park. Please see attached memorandum. FUNDS AVAILABLE: 129-7210-563000-7692 (MSTU-Park Referendum - Parks - Infrastructure- Decel Lane -Lakewood Park) PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to advertise an Invitation to Bid (ITB) to construct a sidewalk located in the FDOT right of way on Emerson Avenue along the length of Lakewood Park. COMMISSION ACTION: (� APPROVED (} DENIED () OTHER Approved 5-0 CONCURRE CE: Doug s M. Anderson County Administrator Coordination/Signatures r. To County Attorney (X) �/ Mgmt & Budget (X) r ray Purchasing (X) Parks & (X) Other Finance (J for copy only if ` Recreation applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners —� FROM: Neil Appel, C.P.M., Purchasing Director DATE: September 24, 2007 RE: Board approval to advertise an Invitation to Bid (ITB) to construct a sidewalk located in the FDOT right of way on Emerson Avenue along the length of Lakewood Park. Background: Staff is requesting permission to advertise an Invitation to Bid to construct an 8 ft. concrete sidewalk at Lakewood Park Regional Park. The proposed sidewalk will be located in the FDOT right-of-way along Emerson Avenue for the entire length of the Park (approx. 2600 LF) and will connect to the already existing sidewalk which leads into the Park. Recommendation: Staff recommends Board approval to advertise an Invitation to Bid (ITB) to construct a sidewalk located in the FDOT right of way on Emerson Avenue along the length of Lakewood Park. ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: PURCHASING DEPARTMENT C9-C 10/9/2007 PUBLIC HEARING ( ) CONSENT ( X ) PRESENTED BY: Neil Appel, Purchasing Director Board approval to negotiate a lease agreement with the #1 ranked firm, from Request for Proposals #07-100, Mobarak Aircraft, LLC. Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to negotiate a lease agreement with the #1 ranked firm from Request for Proposals #07-100, Mobarak Aircraft, LLC, and authorization for the Chairman to sign the agreement as prepared by the County Attorney, COMMISSION ACTION: (% APPROVED () DENIED () OTHER Approved 5-0 County Attorney (X) Airport CONCURRE E: Doug as M. Anderson County Administrator Coordination/Signatures Mgmt &Budget () Purchasing (X) r Other Finance (1 for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: September 28, 2007 RE: Board approval to negotiate a lease agreement with the #1 ranked firm, from Request for Proposals (RFP) #07-100, Mobarak Aircraft, LLC Background: This RFP was to solicit proposals for up to three lots totaling 30.7 acres located between the new Aircraft Rescue and Fire Fighting Facility and the Jet Service Center leasehold, north of Jet Center Terrace. The property was appraised and a minimum bid was requested for $.21 per s.f. per year. This RFP was issued on July 29, 2007, and closed September 12, 2007. Ninety five firms were notified, fourteen RFP packages were distributed, and two responses were received. Two responses were received. A selection committee reviewed the proposals and recommends that the Board direct staff to enter negotiations with Mobarak LLC. This is based on the proposed rent offered of $.23 per s.f. per year, the proposed construction, employee numbers and wages. Recommendation: Staff recommends Board approval to negotiate a lease agreement with the #1 ranked firm from Request for Proposals #07-100, Mobarak Aircraft, LLC, and authorization for the Chairman to sign the agreement as prepared by the County Attorney. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR TABULATION SHEET - RFP #07-100 REAL PROPERTY LEASE FOR 3139 JET CENTER TERRACE OPENED: WED. 09/12/07 AT 2:00 PM TWO (2) submittals were received for subject proposal: MILLION AIR (Freeman Holdings of louisiana, LLC) Contact: Francis B. Freeman, Jr. Phone: 785-862-6100 Fax: 318-619-9334 Address: 1037 Billy Mitchell Blvd. Alexandria, La 71303 MOBARAK AIRCRAFT. LLC Contact: Martin Mobarak Phone: 772-216-6460 Fax: 772-465-7711 Address: 3804 St. Lucie Blvd. Fort Pierce, FI. 34946 NUMBER OF COMPANIES NOTIFIED: 95 NUMBER OF BID DOCUMENTS DISTRIBUTED: 14 NUMBER OF BIDS RECEIVED: 2 Evaluation Matrix RFP #07-100 for Lease for 3139 Jet Center Terrace, Ft. Pierce, Lots B, C S D Selection Committee Meeting September 25, 2007 Evaluation Criteria Scoring Millionaire Mobarak Aircraft LLC (max points possible) Submitted Bid by 2 points 2 2 Required Deadline Aviation Facility 2 points 2 2 Proposed Financial Statements 2points 2 2 Provided Financial Standing of 10 points 9 8 Proposer Lease Rate Proposed 10 points 2 10 (Minimum $.21/sf/ ear Proposed Investments 10 points 8 10 Construction Plans 2 points 2 2 Employment/Income 10 points 8 10 Proposal was properly 2 points 2 2 executed Overall Total 50 points 37 48 - ] S E ITEM NO. O% -D DATE: 10109107 AGENDA REQUEST REGULAR ( ) TO: BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING ( ) CONSENT ( X ) PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 316-1930-562000-16011 - Buildings PREVIOUS ACTION: Board permission to reject all bids and to re -bid the project, June 26, 2007, Agenda Item C11-C RECOMMENDATION: Staff recommends Board approval to reject all bids received from Invitation to Bid #07- 099, Construction of the Administration Building Chiller Plant and re -bid the project. COMMISSION ACTION: (; APPROVED () DENIED () OTHER Approved 5-0 CA County Attorney (X)� Central Services (X) Coordination/Signatures Mgmt & Budget (X) ') Other CONCURRE E: oug as M. Anderso County Administrator Purchasing (X) Finance (d for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: September 26, 2007 RE: Board approval to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant. Background: This re -bid was issued July 29, 2007 and opened September 5, 2007. Five hundred fifty two firms were notified, three bid packages were issued, and two bids were submitted (see attached bid tabulation). The bid was issued as a "lump sum" bid with line items to be priced for informational purposes. These prices could be used to prevent "front loading" of invoices and could serve as a basis for change order negotiation. The low bidder, AMSCO, simply averaged it line item numbers to add up to the bottom line price. Due to the fact that the chiller system in the administration building could fail at any time and may be non - reparable due to age and wear and tear, it was originally decided to award to the low bidder. However, after a bid protest from the second low bidder (Siemens Building Technologies, whose bid was $92,000 higher) was received it was decided that it was in the best interest of the County to re -bid the project. Recommendation: Staff recommends Board approval to reject all bids received from Invitation to Bid #07-099, Construction of the Administration Building Chiller Plant and re -bid the project. T M BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR Bid #07-099 - CONSTRUCTION OF ADMISTRATION BUILDING CHILLER PLANT (RE -BID) TABULATION SHEET OPENED: AUGUST 29, 2007 AT 3:00 P.M. Two submittals were received: 'CO (Air Mechanical & Services Corp.) Anchor Rd. Casselberry, FI. 32707 (407) 699-0690 Total Bid Price $4,128,012.00 Siemens Building Technologies, Inc. 2969 SW 42 nd. Avenue, Palm City, FI. 34990 $4,220,274.00 Fax: (772) 223-7130 Number of companies notified*: 552 Number of bid documents distributed`: 3 Number of bids received: 2 *per demandstar.com • AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ITEM NO. 0.I v DATE: Oct. 9, 2007 REGULAR: ( ) PUBLIC HEARING:( ) CONSENT: (X) PRESENTED BY: A-Utle- �t ' Laurie Case Utility Director SUBJECT: Staff requests approval of a Work Authorization with Masteller & Moler, Inc. for engineering services for design, construction plans, permitted, specifications, administration and inspection of the Holiday Pines Reverse Osmosis Permeate Water Plant capacity increase from 250,000 gpd to 500,000 gpd in an amount of $93,750.00. FUNDS AVAILABLE: 471-3600-531000-300 (Professional Services) PREVIOUS ACTION: Board of County Commissioners approved continuing contract #C05-04-170. RECOMMENDATION: Staff recommends Board approval of a Work Authorization with Masteller & Moler, Inc. for engineering services pertainingtothe Holiday Pines Reverse Osmosis Permeate Water Plant capacity increase from 250,000 gpd to 500,000 gpd in an amount of $93,750.00. COMMISSION ACTION: CONCUR NCE: IXAPPROVED O DENIED O OTHER: Doug as Anderson Approved 5-0 County Administrator Review and Approvals county Attorney: "Management and Budget: I'v ❑ Purchasing: E-briginating Dept: ; _ 11 Other: 0 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 772-462-1428, at least 48 hours (48) prior to the meeting. UTILITY DEPARTMENT • MEMORANDUM TO: Board of County Commissioners FROM: Laurie Case, Utility Director d DATE: October 9, 2007 J" RE: Holiday Pines Reverse Osmosis Permeate Water Plant BACKGROUND: The Work Authorization with Masteller & Moler, Inc. will provide for the necessary engineering services to increase the capacity at the Holiday Pines Reverse Osmosis Permeate Water Plant from 250,000 gpd to 500,000 gpd. Increasing the water treatment plant capacity will utilize all of the approved raw water withdrawal capacity allowed through the County's Holiday Pine's Water Consumptive Use Permit. As development within St. Lucie County continues to increase, projected water needs in the northern portion of the county indicate that new or upgraded treatment facilities will be necessary to fully accommodate future developments. RECOMMENDATION: Staff recommends Board approval of a Work Authorization with Masteller & Moler, Inc. for engineering services pertaining to the Holiday Pines Reverse Osmosis Permeate Water Plant capacity increase from 250,000 gpd to 500,000 gpd in an amount of $93,750.00. Exhibit "A" Engineering Services Related to Preparation of Engineering Design, Construction Plans, Permitting, Specifications, Construction Administration and Inspection of Holiday Pines Reverse Osmosis Permeate Water Plant Capacity Increase from 250,000 GPD to 500,000 GPD I. Scope Of Services A. Assemble data; attend meetings; prepare engineering data and design covering a reverse osmosis (R/O) water treatment plant expansion with appurtenances including pumps, pre-filter(s), additional pressure vessels with membranes and degassifier. The expansion will increase the plant permeate water capacity from 250,000 GPD to 500,000 GPD. B. Prepare Construction Plans and provide site surveying as needed. Construction Plans will include the reverse osmosis water treatment plant expansion with necessary pumps, valves, piping, pre-filter(s), degassifier, and electrical controls. Brine (reject) water for the expansion will be designed and permitted under a separate agreement and is not included in this project since the method of disposal has not yet been determined. Plans will be completed for permitting with Florida Department of Environmental Protection (FDEP) and then be finalized for construction. Specifications will be included as part of the plans. C. Prepare FDEP Permit application for construction along with necessary plans and supporting data for construction of the reverse osmosis water treatment plant expansion and appurtenances. Services include Final Certification and application for operation upon completion of water treatment plant expansion construction. County Site Plan Approval and any other approvals and/or permits other than those listed above, are not included in our services. D. Provide services including assistance to St. Lucie County during project construction including contract administration, periodic observation and plant start-up. These services will be on an "As Needed" basis and to assure that the project is constructed in reasonable compliance with the Construction Plans, specifications and FDEP Permits. Exhibit "A" Page 2 of 2 II. Time of Performance A. Preparation of plans for reverse osmosis water treatment plant expansion with appurtenances for FDEP Permit application to construct is estimated at sixty (60) working days from date of St. Lucie County authorization to proceed. Ill. Estimated Construction Cost The estimated construction cost of the project is $937,500.00 IV. Method and Amount of Compensation Included in our services is the need for sub -consultants including Surveying and Electrical Engineering firm. Our fee includes payments to the sub -consultants. The Engineer, Masteller & Moler, Inc. shall be compensated as follows: 1. Scope of Services; Paragraphs A and B, total lump sum fee of $74,375.00* 2. Scope of Services; Paragraph C, total lump sum fee of $6,250.00* 3. Scope of Services; Paragraph D, total lump sum fee of $13,125.00* *Fee does not include design and/or permitting of brine disposal system. Exhibit W File #0739t.A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Environmental Resources Department ITEM NO. V DATE: October 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] SeWb ENTED BY: sa Besse Environmental Resources Director SUBJECT: Staff requests approval of the First Amendment to Contract C07-03-147 with RTP Environmental Associates, Inc to provide 1 Air Quality Specialist Services to review documents and attend public workshops pertaining to a PlasmaArc Facility in St. Lucie County to extend the time of service for a period not to exceed 180 days and to authorize the chair to sign the agreement as prepared by the County Attorney's office. BACKGROUND: NA FUNDS AVAIL.: Funds are available in 401-3410-531000-3923 — Solid Waste Professional Services — Plasma Arc. PREVIOUS ACTION: On October 3, 2006 the Board authorized the chair to sign the agreement with RTP Environmental Associates, Inc., to provide Air Quality Specialist Services to review documents pertaining to a PlasmaArc Facility in St. Lucie County. On January 8, 2007 the Board approved the First Amendment to the contract (C06-10-557) with RTP Environmental Associates, Inc., to increase the contract amount by $20,000. On March 13, 2007 the Board approved the Second Amendment to the contract (C06-10-557) with RTP to increase the contract amount by $4,000 and to extend the time until March 31, 2007. On March 20, 2007 the Board approved a bid waiver to allow the continued service of RTP Environmental Associates, Inc to provide additional Air Quality Specialist Services to review documents and attend public workshops pertaining to a PlasmaArc Facility in St. Lucie County and approved an agreement with RTP Environmental Associates Inc. to provide additional Air Quality Specialist Services to review documents pertaining to a PlasmaArc Facility in St. Lucie County in an amount not to exceed $64,350. RECOMMENDATION: Staff recommends approval of the First Amendment to Contract C07-03-147 with RTP Environmental Associates, Inc to provide Air Quality Specialist Services to review documents and attend public workshops pertaining to a PlasmaArc Facility in St. Lucie County to extend the time of service for a period not to exceed 180 days and to authorize the chair to sign the agreement as prepared by the County Attorney's office. COMMISSION ACTION: [!� APPROVED [ ] OTHER: Approved 5-o [ ] DENIED CONCU CE: Y Douglas M. Anderson County Administrator Coordination/Sienatures [x]County Attorney [X]Mgt. & Budge [X]Solid Waste [x]Originating Dept [X]Purchasin [ ]Fiscal Coord. [] Finance Environmental Resources Department MEMORANDUM TO: BOCC FROM: Vanessa Bessey, Environmental Resources Director Date: October 9, 2007 Subject: Agenda Request Staff requests approval of the First Amendment to Contract C07-03- 147 with RTP Environmental Associates, Inc to provide I Air Quality Specialist Services to review documents and attend public workshops pertaining to a PlasmaArc Facility in St. Lucie County to extend the time of service for a period not to exceed 180 days and to authorize the chair to sign the agreement as prepared by the County Attorney's office. Background On October 3, 2006 the Board authorized the chair to sign the agreement with RTP Environmental Associates, Inc., to provide Air Quality Specialist Services to review documents pertaining to a PlasmaArc Facility in St. Lucie County. On January 8, 2007 the Board approved the First Amendment to the contract (C06-10-557) with RTP Environmental Associates, Inc., to increase the contract amount by $20,000. On March 13, 2007 the Board approved the Second Amendment to the contract (C06-10-557) with RTP to increase the contract amount by $4,000 and to extend the time until March 31, 2007. On March 20, 2007 the Board approved a bid waiver to allow the continued service of RTP Environmental Associates, Inc to provide additional Air Quality Specialist Services to review documents and attend public workshops pertaining to a PlasmaArc Facility in St. Lucie County and approved an agreement with RTP Environmental Associates Inc. to provide additional Air Quality Specialist Services to review documents pertaining to a PlasmaArc Facility in St. Lucie County in an amount not to exceed $64,350. Funds Available Additional funds will be made available in 401-3410-531000-3923 - Solid Waste Professional Services- Plasma Arc. Recommendation Staff recommends approval of the First Amendment to Contract C07-03-147 with RTP Environmental Associates, Inc to provide Air Quality Specialist Services to review documents and attend public workshops pertaining to a PlasmaArc Facility in St. Lucie County to extend the time of service for a period not to exceed 180 days and to authorize the chair to sign the agreement as prepared by the County Attorney's office. cc: Leo Cordeiro, Solid Waste Director FIRST AMENDMENT TO MARCH 20, 2007 AGREEMENT BETWEEN ST. LUCIE COUNTY AND RTP ENVIRONMENTAL ASSOCIATES, INC. THIS FIRST AMENDMENT is dated this day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and RTP ENVIRONMENTAL ASSOCIATES, INC., a Florida corporation (the "Contractor"). WHEREAS, on March 20, 2007, the parties entered into an Agreement, hereinafter referred to as the "Agreement," wherein the Contractor agreed to provide environmental review of a proposed PlasmaArc Facility; and, WHEREAS, the Agreement provided for an initial one hundred eighty (180) day term, subject to one additional one hundred eighty (180) day term upon prior agreement of the parties; and, WHEREAS, the parties desire to extend the term of the Agreement for an additional one hundred eighty (180) days. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. The Agreement is hereby extended for an additional period of one hundred eighty (180) days. 2. All other terms and conditions of the original Agreement are unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK 1 BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: G:\ATTY\AGREEMNT\RTP IA-Geoplasma.wpd RTP ENVIRONMENTAL ASSOCIATES, INC. BY: CONTRACTOR 4 AGENDA REQUEST ITEM NO. C-12A DATE: October 9, 2007 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Cultural Affairs Jody o et, irector SUBJECT: Authorize the Chair to sign the grant contract with the UDT Navy SEAL Museum for $40,000 in operating expenses. BACKGROUND: In the past, the County has assisted in paying the electricity and other operational expenses for the Navy UDT SEAL Museum. It was agreed upon during the 2006 and the 2007 budget process to give the Navy UDT SEAL Museum a grant for $40,000 so they may pay their electric bills and other operational costs directly. The attached contract has been approved by the County Attorney's office and will be signed by the Executive Director of the SEAL Museum. FUNDS AVAILABLE: UDT Navy SEAL Budget Aids to Other Organizations 001-7911-582000-700 PREVIOUS ACTION: N/A RECOMMENDATION: Authorize the Chair to sign the grant contract with the UDT Navy SEAL Museum for $40,000 in operating expenses. COMMISSION ACTION: APPROVED [] DENIED [] OTHER: Approved 5-0 CONCUR NCE: Douglas M. Anderson County Administrator Review and Approals }, County Attorney: t, Management & Budget p .D It� Purchasing: Originating Dept: Other: Other: Finance: _X_ (Check for Copy only, if applicable) Effective: 5196 Cultural Affairs Department MEMORANDUM #08-01 TO: Board of County Commissioners FROM: Jody Bonet, Director Zi SUBJECT: Contract with Navy UDT-SEAL Museum DATE: October 9, 2007 Several years ago, the Cultural Affairs Department was responsible for paying the utility bills and other bills for the Navy UDT-SEAL Museum. In 2006-07 budget meetings, it was determined to give the SEAL Museum a grant for $40,000 so they would be responsible for these general operating expenses. The Parks and Recreation Department still maintains the grounds for the SEAL Museum and the Cultural Affairs Department assists with general guidance. The rest of the SEAL Museum operation budget is raised from membership, admissions, and grants. The $40,000 grant was earmarked in the 2007-08 budget under the Navy UDT-SEAL Museum - aid to other organizations account number 001-7911-582000-700. This contract will allow the County to issue the check to this fine tourism generating facility. Staff Recommendation: Staff recommends that the Board of County Commissioners approve the $40,000 grant to the Navy UDT-SEAL Museum for operation costs. GRANT AGREEMENT THIS AGREEMENT, made this day of 2007, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and the UDT- SEAL Museum Association, Inc d/b/a Navy UDT-SEAL Museum (SEAL Museum), or its successors, executors, administrators, and assigns hereinafter called the "Council:" IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: The County- shall disperse to the SEAL Museum a grant in the total amount of forty thousand and 00/100 dollars ($40,000.00) for fiscal vear 2007-2008. Payment to the SEAL Museum shall be made within thirty (30) days after the date this Agreement is executed on behalf of the County. 2. The grant shall be used for operational expenses. The SEAL Museum shall provide the County with an annual report indicating how the grant funds have been expended and the activities of the Council during the previous year. The report shall be delivered to the County Administrator or his designee on or before November 1, 2008. 3. The SEAL Museum shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals that the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The SEAL Museum gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon reasonable demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the SEAL Museum involving transactions related to these grant 3 monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The SEAL Museutn agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expenses in any way arising out of the receipt or expenditure of these monies. 7. The SEAL Museum agrees to comply with all local, state and federal laws, rules and regulations. 8. All publications, media productions and exhibit graphics purchased in whole or in part with grant monies shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 9. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other provided however the SEAL Museum shall reimburse the County for all unexpended funds or funds expended in conflict with Council's application, as of the date of termination notice. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: County: St. Lucie County Administrator Admin. Annex, 31" Floor 2300 Virginia Avenue Fort Pierce, Florida 34982 SEAL Museum: Executive Director Navv UDT-SEAL Museum 3306 N. HWY A1A North Hutchinson Island Fort Pierce, FL 34949-8520 I Copy to: St. Lucie County Attorney Admin. Annex, 31� Floor 2300 Virginia Avenue Fort Pierce, Florida 34982 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Council agrees to use said forms. 12. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the parties. 13. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 14. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The parties shall share the fee of the mediator equally. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in anv subsequent proceeding concerning the disputed issue. 15. This Agreement constitutes the entite agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and 3 section headings are for convenience only. The laws of the State of Florida shall govern all interpretations. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims that are justiciable in federal court. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY ATTEST: G:AA"1"PYVAGRF?ER1NT\cac.OS.doc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA mi CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL REPLACE Name CHAIRMAN NAVY UDT-SEAL MUSEUM By: E'iECUTIVE DIRECTOR 4 TO: AGENDA REQUEST ITEM NO. C-12B Board of County Commissioners DATE: October 9, 2007 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): Cultural Affairs zlt R' 4 Jody B t, irector SUBJECT: Authorize the Chair to sign the grant contract with the Cultural Affairs Council (CAC) for $65,000 that will be distributed in grants for the Zora Neale Hurston Festival, the Mini -grant program and for CAC operating expenses. BACKGROUND: During the budget process, the Board of County Commissioners approved earmarking funds that will be used to give out Mini -grants to local organizations, assist with the production of the annual Zora Neale Hurston festival and some general operating expenses. The goal of the Cultural Affairs Council is to encourage local non -profits to demonstrate matching dollars for the grants that are given out for the implementation of public art events and projects to ensure that the funds be stretched as much possible. FUNDS AVAILABLE: Cultural Affairs Administration Budget Item - Aids to Other Organizations 001-7310- 582000-700 PREVIOUS ACTION: NIA RECOMMENDATION: Authorize the Chair to sign the grant contract with the Cultural Affairs Council (CAC) for $65,000 for the mini -grant program, Zora Fest and general CAC operating costs. COMMISSION ACTION: R<APPROVED [] DENIED [] OTHER: Approved 5-0 CONCURRACE: Douglas M. Anderson County Administrator Review and Apprbka.ls County Attorney: i Management & Budget: f kc) Purchasing: Originating Dept: Other: Other: Finance: _X_ (Check for Copy only, if applicable) Effective: 5/96 Cultural Affairs Department MEMORANDUM #08-02 TO: Board of County Commissioners FROM: Jody Bonet, Director' < SUBJECT: Contract with Cultural Affairs Council DATE: October 9, 2007 The two staff members in the Cultural Affairs Administration division work with the Cultural Affairs Council, Art in Public Places committee and the Zora Fest committee to put on several cultural events. The Cultural Affairs Council focuses on the distribution of mini -grants to local agencies that host their own diverse cultural events as well as put on their own events. In the past, mini -grants have funded the Treasure Coast Symphony, the Opera Society, Indian Hobbyist, German American Club, the Irish Organization, Downtown Business Association, Backus Art Museum, Jazz and Blues Society and other worthy organizations. There is a mini -grant application and a subcommittee that determines the award of the $2,000 mini -grant. The Zora Fest committee receives funds from the Cultural earmark with the goal to put on a festival that will benefit residents and bring tourist dollars to the community. The Zora Fest committee also seeks sponsors from the Friends of the Library, the Fort Pierce Redevelopment Agency, State grants and local businesses. In the past, the $65,000 has been divided with $25,000 going to Zora Fest activities and $40,000 for the mini -grants and general CAC operating costs. The CAC has a Treasurer and a Board that assists with the disbursement of these funds. The $65,000 grant was earmarked in the 2007-08 budget under the Cultural Affairs Administration budget - aid to other organizations account number 001-7310-582000-700. This contract will allow the County to issue the check to the Cultural Affairs Council so they may provide mini -grants to the local arts organization, cover general operation costs and to implement the 2008 Zora Neale Hurston Festival. Staff Recommendation: Staff recommends that the Board of County Commissioners approve the $65,000 grant to the Cultural Affairs Council. GRANT AGREEMENT THIS AGREEMENT, made this day of 2007, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and the ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL, or its successors, executors, administrators, and assigns hereinafter called the "Council:" IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: The County shall disperse to the Council a grant in the total amount of sixty five thousand and 00/100 dollars ($65,000.00) for fiscal year 2007-2008. Payment to the Council shall be made within thirty (30) days after the date this Agreement is executed on behalf of the County. 2. The grant shall be used for mini -grants, operational expenses and Zora Fest. The Council shall provide the County with an annual report indicating how the grant funds have been expended and the activities of the Council during the previous year. The report shall be delivered to the County Administrator or his designee on or before November 1, 2008. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals that the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records 3 shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The Council agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expenses in any way arising out of the receipt or expenditure of these monies. 7. The Council agrees to comply with all local, state and federal laws, rules and regulations. 8. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 9. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other provided however the Council shall reimburse the County for all unexpended funds or funds expended in conflict with Council's application, as of the date of termination notice. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: County: St. Lucie County Administrator Copy to: St. Lucie County Attorney Admin. Annex, 3,d Floor Admin. Annex, 31d Floor 2300 Virginia Avenue 2300 Virginia Avenue Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 Council: St. Lucie County Cultural Affairs Council 600 North Indian River Drive Fort Pierce, Florida 34950 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different 2 nature. If the County currently provides or subsequently provides any forms for contract modification, Council agrees to use said forms. 12. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the parties. 13. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 14. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The parties shall share the fee of the mediator equally. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 15. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. The laws of the State of Florida shall govern all interpretations. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims 3 3 under state law and the Southern District of Florida for any claims that are justifiable in federal court. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK - ATTEST: SECRETARY G. A.A'TTY\A GREEMN'f\ai cl lidoc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA wa CIIAIW1 LAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ST. LUCIE COUNTY CULTURAL. AFFAIRS COUNCIL 4 CHAIRNLAN TO: BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST ITEM NO. C.A.1 ADDITIONS Date: October 9, 2007 Regular [ ] Public Hearing[ ] Consent[X] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Teamsters Local Union No. 769 - First Amendment to October 1, 2006 Collective Bargaining Agreement BACKGROUND: See C.A. No. 07-1712 FUNDS AVAIL.(State type & No. of transaction or N/A): Various department accounts. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the October 1, 2007 Collective Bargaining Unit Agreement with Teamsters Local Union No. 769, and authorize the Chairman to sign the amendment subject to ratification by the members of the bargaining unit. COMMISSION ACTION: [>q APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept.: �1 CONCURRENCE: I)L - Douglas M. Anderson County Administrator Coordination/Signatures Mgt. & Budget: Purchasing: Other Other : — Finance (Check for Copy only, if applicable): INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-1712 DATE: October 1, 2007 SUBJECT: Teamsters Local Union No. 769 - First Amendment to October 1, 2006 Collective Bargaining Agreement BACKGROUND: Attached to this memorandum is a copy of the proposed First Amendment to the October 1, 2006 Collective Bargaining Agreement between the County and Teamsters Local Union No. 769. The agreement provides for each of the parties to reopen one article during June of each year of the agreement which runs though September 30, 2009. The Teamsters proposed amendments to Section 5 of Article 13, Separations, relating to reduction in force provisions. Although the Union initially proposed that all lay off decisions be based solely on seniority, the Union's negotiating team has accepted the County's proposal to permit the County to continue to consider ability, skill certification, attendance, evaluations, discipline, and seniority in making such decisions. Currently Article 13 permits a laid off employee to replace, or "bump," a less senior employee in a position in his division if the laid off employee is qualified for the lower position. Under the proposed amendments to Article 13, this would be extended to the entire division if all bargaining unit employees in a division are laid off. In addition, the proposed revisions will also clarify that employees serving in a new hire probation period will be laid off first. The County's proposed amendments to Article 18, Insurance, provided for an increase in employee premiums as well as certain changes to the health insurance benefits. The negotiating teams reached a compromise which provides for acceptance of the benefit changes and an increase in employee premiums which provides for a five and 00/dollars ($5.00) per month increase for single coverage and a ten and 00/100 dollars ($10.00) per month increase for the two tiers of family coverage. The Union will hold a ratification meeting for all members of the bargaining unit on October 5, 2007. Results of the vote will be available prior to the Board meeting on October 9, 2007 and will be provided to the Board under separate memorandum. 1 RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the October 1, 2007 Collective Bargaining Unit Agreement with Teamsters Local Union No. 769, and authorize the Chairman to sign the amendment subject to ratification by the members of the bargaining unit. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Human Resources Director Finance Director Management and Budget Director Employee and Labor Relations Manager Risk Manager 2 FIRST AMENDMENT TO OCTOBER 1, 2006 COLLECTIVE BARGAINING AGREEMENT THIS FIRST AMENDMENT by and between the BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County", and TEAMSTERS LOCAL UNION NO. 769, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, hereinafter referred to as the "Union". WHEREAS, effective October 1, 2006, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 2006 through and including September 30, 2009; and, WHEREAS, Article 38, Duration of Agreement, provides for the parties to reopen one article each in during June of each year of the Agreement; and, WHEREAS, the parties desire to amend the Agreement by amending Articles 13, Separations, and Article 18, Insurance, effective October 1, 2007. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Article 13, Separations, shall be amended as set forth in Exhibit "A". 2. Article 18, Insurance, shall be amended as set forth in Exhibit `B". 3. This amendment shall take effect retroactively on October 1, 2007. 4. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the dates below written. ATTEST: CLERK g:\atty\agreemnt\union. k.1 a.07.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TEAMSTERS LOCAL UNION NO. 769 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA BY: PRESIDENT DATE: BY: 2 BUSINESS AGENT EXHIBIT "A" ARTICLE 13 SEPARATIONS No changes to Sections 1, 2, 3, 4, 6 or 7. The following changes are proposed with regard to Section 5. Reduction in Force (Lay -Off) Section 5. Reduction in Force (Lay-offl A. If a layoff occurs, all employees serving an evaluation period will be laid off first by job classification. Employees in the affected job classifications who are in a new hire evaluation period will be laid off first. B. In determining the order of layoff of employees other than employees in their probationary period, the following criteria will be weighted equally: (a) ability, (b) skill certifications or training, (c) attendance record for preceding twelve (12) month period, (d) evaluations, (e) any documented counseling or disciplinary actions in preceding twelve (12) month period, and (f) seniority. If the employee has the current ability, skills certifications or training, and desire to reclassify to a lower paying position within his division, or within his department if all bargaining unit positions in his division are laid off, he may replace the least senior employee in the lower position provided he has more seniority than the employee he is replacing. The employee's rate of pay will remain the same if his wage is within the range of the lower position. If the employee's rate of pay exceeds the maximum of the lower position, the employee will receive the top of the range for the new classification. An employee who reclassifies to a lower position will not be subject to the provisions of Article 12. If an employee returns to his former job classification within one year from the effective date of his reclassification to a different position, he will not be subject to the provisions of Article 12. C. If a laid -off employee is transferred from one department to another where a vacancy exists and is required to take a reduction in pay, that employee will have the option of receiving his vacation pay prior to being transferred at the previous higher rate of pay. If the employee chooses not to take vacation pay before the transfer, he will be paid vacation leave at his current rate of pay when he chooses to take vacation. If a full-time employee is laid -off, he will be compensated for his vacation in full and receive sick leave accrued not to exceed eighty (80) hours unless the employee has years of continuous service for which he would receive up to sixty (60) days of accrued sick leave. Part-time employees who are laid off will receive their vacation and sick leave pro -rated based on an average two week work period. D. Recognizing the hardship a layoff creates for an employee, the County will continue to pay its share of health insurance premiums for one full month after layoff for the employee and family coverage. E. Seniority is defined as the employee's last date of hire with the County with deductions for absences of sixty (60) working days. If employees have the same seniority date, their relative seniority dates shall be determined by the last four digits of the employee's social security number, the lowest number being the most senior. EXHIBIT "B" ARTICLE 18 INSURANCE Section 1. For the period January 1, 2007 through and including December 31, 2009, regular full time bargaining unit will participate in the same health insurance program and coverage, including the same rates of employee contribution, as provided by the Board of County Commissioners to its non - bargaining unit employees. The employee premiums for standard health coverage for 2008 shall be as set forth in Attachment "A" attached hereto and incorporated herein. Plan changes for 2008 shall be as set forth in Attachment "B" attached hereto and incorporated herein. The health insurance program shall also include optional dental and vision plans. Section 2. Regular full time bargaining unit employees will continue to be eligible to participate in the County's short term and long term disability program. Section 3. Regular full time bargaining unit employees will continue to be eligible to participate in the County's life insurance program. Section 4. Regular full time bargaining unit employees will continue to be eligible to participate in the County's employee assistance program (EAP). Section 5. Except as otherwise provided in this Agreement, the insurance coverage listed above shall run through and including the last day of the month in which the employee's services are terminated, the day he quits or retires, or the day he goes on any leave of absence other than Family Medical Leave Act leave, or is laid off, provided that, subj ect to the approval of the insurance carrier, said coverage will continue for that period for which the County has prepaid the premium for such employee. Section 6. Eligibility, coverage and benefits under the above insurance plans are subject to the terms and conditions, including but not limited to any waiting period or other time limits, contained in the contracts between the County and the carrier. Any rebates or refunds of premiums paid by the County shall accrue to the County. With reference to the insurance set forth above, the County will continue to have the right to select carriers, to change carriers, and to be self -insured. It is further agreed that the only liability assumed by the County under this article is to pay the premiums agreed upon. Any claim settlement between an employee and the insurance carrier shall not be subject to the grievance procedure. Section 7. Subject to satisfying the eligibility requirements, bargaining unit members shall be entitled to participate in the Retiree Health Benefit Program and Medicaid Supplement Program offered to non - bargaining unit employees. 0 0 0T o(n a �c W N O T.S O ic mmm m mm mmocoz 3.•-oo o 3v-5--ov 3 tl<l � l<l< � < < m co� D m m m m m m CD �• 0 ' + + + 0 m m 0 69 Efl d969 — —69 - - 69 0 CnA�I CnA�I MCn-4 W W UWi N p J N CC-n A A O m N A Cn W A 3 CD CA w A W A m O) O 13 (A 169 (�9 m 3 > > -w > la W -I A A v Ut A -4 _ W m O O -> CT A W O 8 O N (D -i -I W :-I O A O? 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O CD < �. ffl O 7 < (� ao r —O c m 1CDL7 is (D "0 (n 164 N O O W fD Q (DD CD N !n CJl Ul m 69 O to — oD 3' EA N 61 O U7 `< O_ N Ln p p � 4fl ❑ 3 s CD a cn v cn 0 O O aO l< � _ a D o D D D I on a v a a a a '0 D o O y N CD m m - CD Cn CD Cn CD 0 3 D O O N .+ p O O O D a o0 O D_ D_ D_ o T U v = o o w v v Cn = — w N (n 'fl 1 d r D Cu C. m n m Cn C 1 O � � s W �0 n o n CO AGENDA REQUEST ITEM NO: CA-2 DATE: October 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Approval to advertise for Request to Bid-Lawnwood Skate Park Construction Project BACKGROUND: During FY 06107 Budget Review the Board of County Commissioners approved $500,000 for construction of a Skate Park. On September 12, 2006, the Board of County Commissioners approved Resolution No. 06-273 establishing a Skate Park Design Advisory Ad Hoc Committee ("committee") for the proposed Skate Park at Lawnwood Complex. On March 13, 2007, the Board entered into a contractwith Glatting Jackson in the amount of $66,979 to complete the Skate Park Master Plan and Design documents based on input from the "committee". The skate park will be a plaza design featuring open green space. Staff is requesting that the Board of County Commissioners authorize staff to advertise for request to bid for construction of the skate park. The remaining budget for this project is $437,000. PREVIOUS ACTION: Please see background FUNDS ARE AVAILABLE: 129-7210-563000-760077 MSTU/Parks/Infrast./Lawnwood Skate Park RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize staff to advertise for request to bid for the Lawnwood Skate Park construction project. COMMISSION ACTION: CONCURRENCE: [ >1 APPROVED [ ) DENIED [ ] OTHER: IL - Approved 5-0 Doug Anderson Coordination/Signatures County Attorney: ASL Mgt &Budget: 9-Purchasing Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) BOARD OF COUNTY COMMISSIONERS To: Board of County Commissioners From: Linda Barton, Asst. Director PARKS & RECREATION -Subject: Agenda CA-2/ Advertise RFB-Lawnwood Skate Park Date: October9, 2007 DEBRA BRISSON Director During FY 06/07 Budget Review the Board of County Commissioners approved $500,000 for construction of a Skate Park. On September 12, 2006, the Board of County Commissioners approved Resolution No. 06-273 establishing a Skate Park Design Advisory Ad Hoc Committee ("committee") for the proposed Skate Park at Lawnwood Complex. On March 13, 2007, the Board entered into a contract with Glatting Jackson in the amount of $66,979 to complete the Skate Park Master Plan and Design documents based on input from the "committee". The skate park will be a plaza design featuring open green space. Staff is requesting that the Board of County Commissioners authorize staff to advertise for request to bid for construction of the skate park. The remaining budget for this project is $437,000. Cc: D. Brisson, Director L. Lowery, Asst. County Adm. D. Anderson, County Adm. JOSEPH E. SMITH. District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS, Disrr!cr No. 3 - 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.st-lucie.fl.us www.co.st-lucie.fl.us N a y v a� � �w U C O U A O AGENDA REQUEST COUNTY q: F L O R I D A TO: SUBMITTED BY SUBJECT: ITEM NO. C-A3 DATE: October 9, 2007 REGULAR [ ] PUBLIC HEARING [ ) CONSENT [X] ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Management & Budget PRESENTED BY: Marie Gouin Request to approve Budget Resolution 07-305. BACKGROUND: On August 15, 2006, the Board accepted a grant award offer of $1,800,000 from the Florida Department of Community Affairs through the State of Florida Division of Emergency Management. On October 10, 2007, the Board accepted the $1,800,000 grant from the State of Florida, contract #07CP-5M-66-10-01 to help in the construction of a new Special Needs Shelter. Then, on May 22, 2007, the Board approved budget resolution 07-195 to establish a budget for the grant in the 2006-2007 fiscal year. When the 2007-2008 fiscal year Errata was prepared, the grant was inadvertently not included. This resolution is to establish the grant's budget in FY2007-2008. FUNDS AVAILABLE: 001417-1930-3342020-2614 (Dept of Community Affairs -Pub Safety) PREVIOUS ACTION: Approval of Budget Resolution 07-195 on May 22, 2007. RECOMMENDATION: Staff recommends the Board approve Budget Resolution 07-305. COMMISSION ACTION: CONCURRENCE: [>I APPROVED [ ] DENIED [ ] OTHER Approved 5-0 Doug Anderson County Administrator Coordination/Signatures County Attorney';�`/� Management & Budget: % Other: Finance: (Check for Copy only, if applicable) J 3 OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #07-74 COUNTY F L O R I D A TO: Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: Special Needs Shelter DATE: October 9, 2007 The County has been approved for a $1,800,000 grant from the Florida Department of Community Affairs through the State of Florida Division of Emergency Management. The grant funds will be used for the Special Needs Shelter. On August 15, 2006, the Board accepted the award offer for the grant. On October 10, 2007, the Board accepted the $1,800,000 grant from the State of Florida, contract #07CP-5M-66-10-01 to help in the construction of a new Special Needs Shelter. Then, on May 22, 2007, the Board approved budget resolution 07-195 to establish a budget for the grant in the 2006-2007 fiscal year. When the 2007-2008 fiscal year Errata was prepared, the grant was inadvertently not included. Staff requests approval of Budget Resolution #07-305 to establish a budget of $1,800,000 for the construction of the Special Needs Shelter in the 2007-2008 fiscal year. AGENDA REQUEST COUNTY L O R I D A Its, SUBMITTED BY: SUBJECT: ITEM NO. CA 4 DATE: October 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Management & Budget PRESENTED BY: Marie Gouin Adopt Budget Resolution 07-306 to correct the fund number of The Hurricane Housing Recovery Plan. BACKGROUND: 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. This change was made in the 06-07 fiscal year, but inadvertently left out of the new 07-08 fiscal year. FUNDS AVAILABLE: Funds will be made available in 189201-6420-549605-600 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 07-306 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. COMMISSION ACTION: [ APPROVED [ ] OTHER: Approved 5-0 County Attorney: . Orig Dept: PWorks: [ ] DENIED CONCURRENCE: Doug Anderso County, Administrator Coordination/Signatures Management & Budget: ,y urchasing: Other: Finance: (Check for Copy only, if applicable) Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. RESOLUTION NO. 07- 306 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 in the 07-08 fiscal year. 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 9th day of October, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, 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 9th DAY OF OCTOBER, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): CENTRAL SERVICES ITEM NO. 1:1 -5-4 DATE: Oct. 9, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBJECT: David Brooks Enterprises, Inc. Change Order No. 1 to #C07-01-037 St. Lucie County Clerk of the Court Annex Window Repair BACKGROUND: FUNDS AVAIL: NIA PREVIOUS ACTION: NIA SEE ATTACHED MEMORANDUM RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.1 to Contract #C07-01-037, David Brooks Enterprises, Clerk of the Court Window Repair Project, to decrease the contract sum $49,875.00; the new contract sum will be $489,125.00. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. MISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: U Originating Dept: Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & Budget: Other: CONCURRENCE: Doug Anderson County Administrator Purchasing Mgr.: Other: Eff. 1 /97 H:\AGENDA\AGENDA-232 DAVID BROOKS -WINDOW CONTRACT CO-1.DOC MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: October 9, 2007 SUBJECT: David Brooks Enterprises, Inc. Change Order No. 1 to #C07-01-037 St. Lucie County Clerk of the Court Annex Window Repair BACKGROUND: On January 16, 2007, St. Lucie County entered into Contract No. C07-01-037 with David Brooks Enterprises. Work to be done under this contract was the St. Lucie County Clerk of the Court Annex Window Repair Project, Bid No. 07-017. Work is done resulting in a reduction in contract price due to lower than estimated permits and fees for the project. The actual permit cost was $6,125.00 against a permit fee allowance of $56,000. Therefore, Change Order No. 1 will decrease the contract sum 49,875; the new contract sum is $489,125. (Please See Attached) RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No. 1 to Contract #C07-01-037, David Brooks Enterprises, Clerk of the Court Window Repair Project, to decrease the contract sum $49,875.00; the new contract sum will be $489,125.00. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. III CHANGE ORDER ST. LUCIE COUNTY PROJECT: CHANGE ORDER NUMBER: No. 01 (name, address) St. Lucie County Clerk of the Courts INITIATION DATE: 10/2/2007 Annex Building Window Repair CONSULTANT'S PROJECT NO.: TO (Contractor): David Brooks Enterprises, Inc. ST. LUCIE COUNTY 9000 Burma Road, Suite 101 CONTRACT NO: C07-01-037 Palm Beach Gardens, FL 33403 CONTRACT DATE January 16, 2007 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A�Yes.,' No) Reduction of contract prices due to lower than estimated permits and fees. The original (Contract Sum) (Guaranteed Maximum Cost) was $ 539,000.00 Net change by previous authorized Change orders $ - The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order $ 539,000.00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or unchanged) by this Change Order $ (49,875.00) The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be $ 489,125.00 The Contract Time will be (increased) (decreased) (unchanged) by ( 0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Funds Available: Account Number N/A 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: David Brooks Enterprises, Inc. Contractor. 9000 Burma Road, Suite 101, Palm Beach Gardens, FL Address: By: Date: ATTEST: DEPUTY CLERK APPROVED: Central Services St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, Florida 34982 Address By: Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By. CHAIRMAN Date: Approved as to Form and Correctness: County Attorney 10/01/2007 10:16 5616269980 , .,DAVID BROOKS ENT PAGE 04/08 gabs E N i r R P R I s F. s 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9960 September 14, 2007 Mr. Greg White Fax: (772) 462-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL. 34982 Re: Clerk of Courts Annex Window Replacement Credit for Unused Permit Fees Allowance Pending Change No. J Dear Greg: We offer to credit the reference contract for the value of the unused permit fees allowance_ The actual permit cost was $6,125 against an allowance of $56,000. Therefore, the net credit for the remaining balance of this allowance is Forty Nine Thousand Eight Hundred Seventy Five Dollars 649,875.001, Please let me know if you have questions or require any additional information_ Sincerely, David Brooks Enterprises, Inc. David Brooks President ACCEPTED: St. Lucie County By: Date: Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File YACIerk or Courts AnnexlPentling ChsngeskP,C, # 3-doe General Contractors • Construction Management 10/01/2007 10:16 56162699BO itookDAVID BROOKS ENTERPRISES INC. s9000 BURMA ROAD, SUITE 101 PALM BEACH GARDENS, Ft_ 33403-1606 F, N T F R P R I! f 5 Phl (581) 828.9960 FAX (561) 626-9980 PAY TO THE ORDER OF City of Fort Pierce Hundred Twenty -Five and City of Fort Pierce Dept. of Building & Comm. Response 100 North U.S, Highway #1 Fort Plerce, FL 34954 D BROOKS ENT FIDELITY FEDERAL SANK & TRU$T PALM BEACH GARDCNS, FL 334113 63-8733/2670 PAGE 05/08 29943 2r2,2/2007 -1 $W"6,125.00 ff MYYWiJYW}WfW4WWWWt,tRkWi Wki;t;.....YWWWiii;t}MM."**, _- DOLLARS 12 �• Mcloc) COPY NOT NEGOTIABLE Permit No. CR7-1 - Annex Window Repair ----- 1102994311' 1:267084358t.230000J199139u' DAVID BROOKS ENTERPRISES INC. City of Fort Pierre Arnex:Other Permit No. CR7-1 Annex Window Repair Fidelity Checking Permit No. CR7-1 - Annex Window Repair DAVID 14ROOKS ENTERPRISES INC. City of Fort Pierce Annex:Other Permit No. CR7-1 Annex Window Repair Fidelity Checking Permit No. CR7-1 - Annex Window Repair 2n2/2007 29943 6.125.00 2/22/2007 6,125, oo 29943 6.125,00 6.125,00 .READY TO REORDER? CALL 7,400-433-R810 OR i SIT U.S AT 5. , �.;rs'nr,www "ta,itmaxkct_coln/ordexchecks ' St. Lucie County Mosquito Control istrict 09/28/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #52- 22-SEP-2007 TO 28-SEP-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 48,451.01 0.00 145119 USDA/Urban Vitolo Hurricane 35,607.00 0.00 GRAND TOTAL: 84,058.01 0.00 s t -{mil—n s..'. - _ 09/28/07 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #52- 22-SEP-2007 TO 28-SEP-2007 FUND SUMMARY FUND TITLE 801 Bank Fund EXPENSES 7,141.16 GRAND TOTAL: 3,991,962.29 PAGE 3 PAYROLL 0.00 148,838.30 .vt S �� MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 25, 20007 Convened: 10:31 a.m. Adjourned: 10:32 a.m. Commissioners Present: Chairman, Paula A. Lewis, Doug Coward, Charles Grande, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES It was moved by Com. Craft, seconded by Com. Smith, to approve the minutes of the meeting held September 11, 2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 50 and 51. 2. PURCHASING Award of Invitation to Bid 07-086- The Board approved awarding Invitation to Bid 07- 086, purchase of replacement monitors and controllers for Ultra Low Volume Spray Units to the lowest responsive, responsible bidder, Adapco, Inc., for a not to exceed cost of $132,905 and authorized the Chairman to sign the contract as prepared by the County Attorney. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 11[1- .un.vMvwmq�ppe9xy�a-v imxn.newatt ATwnnmdWKmm9mx..:.yg.� Paula A. Lewis, Chairman District No. 3 Doug Coward, Vice Chairman District No. 2 Joseph E. Smith District No.1 Charles Grande District No. 4 Chris Craft District No. Is AGENDA October 9, 2007 1. MINUTES Approve the minutes from the meeting held on September 25, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve warrants List No. 52, 53 and 1. 2. PURCHASING Approval to Piggyback Charlotte County Bid No. 2005000001 for Aerial Adulticide Services and award of Bid to Vector Disease Control, Inc. — Consider staff recommendation to approve to piggyback Charlotte County Bid 2005000001 for Aerial Adulticide Services and permission for the Chairman to sign the contract with Vector Disease Control, Inc. for an amount not to exceed $200,000 as prepared by the County Attorney. 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. AGENDA REQUEST TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT SUBMITTED BY: PURCHASING DEPARTMENT ITEM NO. C-2 DATE: 10/09/2007 REGULAR( ) PUBLIC HEARING( ) CONSENT (X) PRESENTED BY: Neil Appel, Purchasing Director SUBJECT: Approval to Piggyback Charlotte County Bid No. 2005000001 for Aerial Adulticide Services and award of Bid to Vector Disease Control, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 145-6230-534000-600 (Other Contractual Services — Mosquito Control) PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends Board approval to piggyback Charlotte County Bid 2005000001 for Aerial Adulticide Services and permission for the Chairman to sign the contract with Vector Disease Control, Inc. for an amount not to exceed $200,000 as prepared by the County Attorney. COMMISSION ACTION: (>4 APPROVED () DENIED ( ) OTHER Approved 5-0 Coordination/Sig natures i County Attorney (X) Mgt. &Budget (X) Mosquito Control (X) Other( ) IJ Finance: (check for copy, only if applicable) CONCURRENCE: Douglas M. Anders n County Administrator Purchasing (X) Other( ) PURCHASING DEPARTMENT MEMORANDUM TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT FROM: Neil Appel, C.P.M., Purchasing Director DATE: September 20, 2007 RE: Approval to Piggyback Charlotte County Bid No. 2005000001 for Aerial Adulticide Services and award of Bid to Vector Disease Control, Inc. Background: Charlotte County, issued an Invitation to Bid for Aerial Adulticide Services. The bids were opened and the bid was awarded based upon the per acre rates to Vector Disease Control, Inc. The contractor providing Aerial Adulticide Services furnishes Federal Aviation Administration (FAA) approved aircraft, equipped with ultra -low volume (ULV) dispersal of insecticides to control adult mosquitoes over populated areas. The Contractor provides all labor, equipment, supplies, and insurance required to provide this service. All aircraft used are licensed to operate over congested areas following FAA rules and regulations are capable of treating the minimum acreage (approximately 60,000) in one evening. St. Lucie County Mosquito Control used aerial spraying throughout the year as required to control the adult mosquitoes in response to factors which increase the risk of West Nile Virus and other Arbor Virus transmission. Recommendation. Staff recommends Board approval to piggyback Charlotte County Bid 2005000001 for Aerial Adulticide Services and permission for the Chairman to sign the contract with Vector Disease Control, Inc. for an amount not to exceed $200,000 as prepared by the County Attorney. BID FORM AERIAL ADULTICIDE SERVICES BID NO. 2006000001 TO: Director of Purchasing Board of County Commissioners Charlotte County Administration Center 18500 Murdock Circle Port Charlotte, FI. 33948-1094 The undersigned, as bidder, does hereby declare that he has read the Request for Bids, Instructions to Bidders, Insurance Requirements, Technical Specifications 8 Conditions, Bid Form, and any other documentation for AERIAL ADULTICIDE SERVICES and with full knowledge and understanding of the requirements, does hereby agree to furnish all materials, equipment, labor, transportation, equipment and machinery, tools and incidentals necessary for completion and acceptance of the work at the unit costs submitted. The above listed documents are herein incorporated into the Bid Form. BID PRICES: OPTION ONE A. County supplies Insecticide B. Contractor supplies, stores, disposes of empty containers, and application of insecticide BID PRICES: OPTION TWO Price per treated acre $ 0.60 /Acre — Primary Services Price per treated acre $ 0,80 /Acre — Back-up Services Price per treated acre $_1.25 /Acre — Primary Services Price per treated acre $ 1.45 /Acre — Back-up Services PERFORMANCE GUARANTEE: Historically, Charlotte County observed an 80% reduction In landing rate counts following applications of Dibrom at % oz. per acre when the Department performed In house applications. Reductions in landing rates and or trap collections should reflect an 60°/6 reduction in pre and post treatment surveillance. Should the Contractor not meet the 80% reduction requirement for any spray application, the Contractor will re -treat the area, including insecticide, at no additional cost to the County. Contractor will not be required to re -treat more than 100, 000 acres in any calendar year. A. County supplies insecticide Price per treated acre $_O.gO /Acre — Primary Services Price per treated acre $_1.20 /Acre — Back-up Services B. Contractor supplies, stores Price per treated acre $_1.55 /Acre — Primary Services Disposes of empty container, and application of Insecticide Price per treated acre $ 1.85 /Acre — Back-up Services NOTE: Charlotte County's official bid openings are open to the public. Citizens and submitting bidders are encouraged to attend. However, if you are unable to attend but wish to obtain the unofficial bid results, please contact the Purchasing Department's Automated Faxback System at (041) 623-1034, and request Current Document Number 050014. No information regarding the submittal will be divulged over the telephone. Results may also be obtained by accessing Charlotte County's Web at www,charlottecountA.com/purchasing or by visiting the Purchasing Department on or afterthe tenth (10) day following the official bid 7ening. in accordance with section 120.53(5)(A) of the Florida State Statutes, the tabulation sheet will be posted for public viewing. NAME OF BIDDER Vector Disease Control Inc (return original and one (1) copy) 13 Old No. 2005000001 CONTACT PERSONNEL: Contact Person: Allen Loe alephone Number. 1 888-277-7557 — Contact Person: _ Allen Loe 24 Hour Telephone Number: 662-820-5036 REFERENCES: I. Name of Contact Person: _ Mr. Marlon Nelms Telephone# f305) 582-1186 Project Description: Miami -Dade County Mosouito Control - Aerial Application Contract treated morP than 600 000 acres during 2004 season. Total Project Amount: $ aoprox $250,000 Completion DateJOdober 2004 2. Name of Contact Person: Mr. Steve Dwinell Telephone# (805) 488-7447 Project Description: Florida Division of Agric IItI Ire Environmental Service Emergency Aed al AD Ip ication contract Treated more than 3.500 000 acres dudna the 2004 mosoulto sewn Total Project Amount: $approx 5.000.000 Completion Date: October 2004 )Name of contact Person: -Dr. Ray Parsons Telephone# (713) 440-4800 Project Description: , Harris County Mosoulto Control, Texas - Aerial IDDECation contract - treated over 70,000 acres durina 2004 11 o' 1 • season, Total Project Amount: $ approx 100.000 Completion Date: August 2004 Have you any similar work In progress at this time? Yes/No Length of time In business 12 years. CHECKLIST: The following are to be Included with submitted bid: (X) Complete equipment list (X) Complete reference sheet (X) Evidence of ownership or lease agreements for aircraft (X) Pilots License (X) Public Health Pest Control License (X) Aerial Certification NAME OF BIDDER Meator Disease Cnntml Ine (return original and one (1) copy) 15 Bid No. 2005000001 SOURCE OF SUPPLY AND SUBCONTRACTORS The following sources of supply and subcontractors shall be used for the AERIAL ADULTICIDE SERVICES project. Source of Supply 1. ADAPCOINC 2. DRUG FREE WORKPLACE FORM Subcontractors The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that .Vector Disease Control Inc does: (name of business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violatlons of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be Imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such Is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Signature, Dated 10/22/04 NAME OF BIDDER Vector Disease Control Inc, (return original and one (1) copy) 17 Bid No. 2003000001 PURCHASING DEPARTMENT Charlotte County Administration Center 18500 Murdock Circle Port Charlotte, Florida 33948-1094 NOTICE OF AVAILABILITY OF BID SPECIFICATIONS REQUEST FOR BIDS CHARLOTTE COUNTY, FLORIDA The County of Charlotte will be receiving sealed bids at the Purchasing Department, Suite 344, Charlotte County Administration Center, 18500 Murdock Circle, Port Charlotte, Florida 33948-1094 (941-743-1377), for: BID NO. 2005000001 AERIAL ADULTICIDE SERVICES It is the intent of Charlotte County to secure the services of a two (2) qualified Contractors (Prime Contractor plus a Back-up Contractor) for an annual contract to provide aerial adulticide services for mosquito control. PRE -BID MEETING: OCTOBER 14, 2005 @ 10:00 a.m. (EST) PURCHASING DEPARTMENT CONFERENCE ROOM BID OPENING: OCTOBER 27, 2004 @ 2:00 p.m. (EST) PURCHASING DEPARTMENT CONFERENCE ROOM A more detailed project description may be obtained by calling Charlotte County Purchasing Department's Automated FaxBack System at (941) 623-1034, and requesting current solicitation, document number 050012, or by accessing our website at www.charlottecountyfl.con-1/purchasing. If you have any questions concerning this project, please contact Cheryl Mastin, Senior Contract Specialist, at 941-743-1526. Sun Media Group Sun Newspapers October 6 & 13, 2004 PO #October -a Bid No. 2005000001 PURCHASING DEPARTMENT Charlotte County Administration Center 18500 Murdock Circle Port Charlotte, Florida 33948-1094 Telephone (941) 743-1378 Facsimile (941) 743-1384 REQUEST FOR ADDENDA NOTIFICATION BID NO.2005000001 AERIAL ADULTICIDE SERVICES The County will attempt to notify all prospective bidders of addenda issued to the bidding documents, however, it shall be the responsibility of the bidder, prior to submitting their bid, to contact the Purchasing Department to determine if addenda were issued, acknowledging and incorporating it into their bid. If you would like to request notification of any addenda that may be issued regarding this project, please complete the form below and return via fax to 941-743-1384, attention Cheryl Mastin, Senior Contract Specialist. Please do not use this form if you have already ordered documentation regarding this project from our Faxback system. By completing and returning this form, you are requesting notification of addenda that may be issued regarding this specific project only. COMPANY NAME: CONTACT PERSON: PHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS: 2 Bid No.2005000001 x+ttrtrt+++++r+t+++++xxx+xrtrrt+trtrt++ttrt+rtrtrtt+rttt++++tx++++rxxxx++rtt++rtrttttt+rtt+t+t+++++t+x+++txxrtxxrttrtrtxtrt+rttt++++r++++rx++xtrtrtrt+t+++rtrt+++tx+++xx Charlotte County Purchasing Department 18500 Murdock Circle Port Charlotte, Florida 33948-1094 941-743-1378 +++tort+++++t+++x+++++xtxxxx++++xxtrt+trtrt+tttttrtrt+tt++rt+++tt++++++r+++rt++++trttt+rtt+ttrt+xt+++rt+++++++++xxx+xrt+trt+xrttrtx+tx++++t+++x+x++rt+rt+rtrtrttt STATEMENT OF NO BID If you do not intend to bid on this commodity/service, please return this form to the above address immediately. If this statement is not completed and returned, your company may be deleted from the Charlotte County Vendors' list for this commodity/service. We the undersigned, have declined to bid on requested commodity/service Bid #2005000001, AERIAL ADULTICIDE SERVICES for the following reason: Specifications too "tight", i.e. geared toward one brand or manufacturer only (explain below). Insufficient time to respond to the Invitation to Bid. We do not offer this product or service. Our schedule would not permit us to perform. Unable to meet bond/insurance requirements. Unable to meet specifications. Specifications are unclear (explain below). Remove us from your vendors' list for this commodity/service. Other (specify below). Remarks: Company Name: Signature: Telephone: Date: NOTE: Statement of No Bid may be faxed in to the Purchasing Department (941-743-1384). /cm 3 Bid No. 2005000001 TABLE OF CONTENTS AERIAL ADULTICIDE SERVICES BID NO. 2005000001 Legal Notice 1 Website User Page 2 "No Bid" Response Page 3 Table of Contents 4 INSTRUCTIONS TO BIDDERS 5_8 TECHNICAL SPECIFICATIONS & CONDITIONS 9-10 INSURANCE REQUIREMENTS 11.12 BID FORM 13-17 4 Bid No. 2005000001 INSTRUCTIONS TO BIDDERS AERIAL ADULTICIDE SERVICES BID NO. 2005000001 IB-01 QUALIFICATIONS OF BIDDERS: It is the intent of the County to award this contract to the lowest responsible bidder, qualified by experience and solvency, with proven reliability and the ability to supply all items within a reasonable time frame acceptable to Charlotte County. Bidder maybe required to supply information in writing at the request and discretion of the County prior to award of bids, in order to verify above requirements. IB-02 GENDER DESIGNATION: The County and the Contractor are treated throughout the Contract Documents as if each were of the singular number and masculine gender. IB-03 EXAMINATION OF DOCUMENTS: A. Prior to the submission of a bid form, bidders shall carefully examine the bid package including the Request for Bids, Instructions to Bidders, Technical Specifications & Conditions, General Provisions, Insurance Requirements, and all other related bid documents, including all modifications thereof, incorporated in the bid package. B. Discrepancies, omissions, or questions about the intent of the documents should be submitted to the Purchasing Department in written form as a request for interpretation no later than five (5) days prior to bid opening (or shall be verbally addressed at the pre -bid conference, if applicable). C. Interpretations of any of the bid documents made will be in the form of a written addendum to the documents, which will be forwarded to all bidders. Receipt of any addenda by each bidder must be acknowledged on the bid form, indicating the addendum number and date of issue, therein becoming apart of the contract. No oral explanations shall be binding. The County will attempt to notify all prospective bidders of addenda issued to the bidding documents, however, it shall be the responsibility of the bidder, prior to submitting their bid, to contact the Purchasing Department to determine if addenda were issued, acknowledging and incorporating it into their bid. IB-04 PREPARATION AND SUBMISSION OF BID FORM REQUIREMENTS: A. Bid Form - Bid Forms shall be made on forms supplied by the County, or duplication thereof and attached thereto, or as otherwise specified. Indicate the number of calendar days required for delivery and acknowledgment of receipt of any addenda received during the bid period. Each bid must give the full business address of the bidder and state whether bidder is an individual, corporation or partnership. Bid Forms by a corporation must be signed in the name of the corporation, followed by the original signature and designation of the officer or other person authorized to bind the corporation. Bid Forms by partnerships shall show the names of all partners. The partnership title shall be followed by the original signature of each partner. Any erasures or other corrections in the bid form must be explained or noted over the signature of the bidder. Bid Forms containing any conditions, omissions, unexplained erasures, alterations, or irregularities of any kind may be rejected bythe County. Bid documents and forms shall be submitted sealed, and the envelope/package clearly marked with the Bid Number and the Name and Business Address of the individual/firm submitting the bid. Bids postmarked prior to said time and date but not received shall not be considered and will be returned to bidder unopened. B. Bid Guarantee - The bid form shall be signed where indicated constituting an agreement that the bidder will not withdraw his bid for a period of sixty (60) days after the scheduled time of opening of bids. IB-05 BID MODIFICATIONS: Bid modifications will be accepted from a bidder only if received in writing, properly signed by an officer/partner of the bidder's firm, whichever is applicable, and received prior to the opening of bids. Bid modifications must be identified as such and will be opened with the bidder's bid form. 5 Bid No. 2005000001 IB-06 WITHDRAWAL OF BIDS: Bids may be withdrawn by request of the bidder prior to the time fixed for opening. Error or negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. IB-07 BID TABULATIONS: All bid tabulations shall be posted in the Charlotte County Purchasing Department reception area, 18500 Murdock Circle, Suite 344, Port Charlotte, Florida, within ten (10) days after bid opening. Those bidders interested in receiving a copy of the unofficial results of this bid may contact the Purchasing Department's automated FaxBack system at (941) 623-1034, and request Current Solicitations, Document Number 050014. No verbal inquiries will be addressed. IB-08 RESERVED RIGHTS: The County reserves the right to accept or reject any and/or all bids, to waive irregularities and technicalities, and to request resubmission of bids. Also, the County reserves the right to accept all or any part of the bid and to increase or decrease quantities to meet additional or reduced requirements of the County. Any sole response received the first submission date may be rejected by the County depending on available competition and timely needs of the County. IB-09 FORM OF CONTRACT: The submitted Bid Form signed by the Bidder, together with the complete bid package furnished by the County, shall constitute a binding contract. The Bidder shall be required to perform according to the Bidder's submitted Bid Form and the County's bid package when a purchase order, signed by the Director of Purchasing or his/her designee, is transmitted to the Bidder. The transmitted purchase order shall serve as both a Notice of Acceptance and Notice to Proceed to the Bidder. Failure to comply with the conditions set forth in the purchase order shall be deemed a breach of contract subjecting the Bidder to forfeiture of the bid bond or other posted security and other possible penalties. IB-10 NOTICE TO PROCEED/DELIVERY: After award of bid, a purchase order shall be issued bearing the terms of delivery. Upon receipt of purchase order, successful bidder shall acknowledge receipt of same by either fax or mail, and shall commence prosecution of order so that the agreed upon delivery date will be satisfied. IB-11 PAYMENT: Request for payment must be submitted to the Charlotte County Purchasing Department on a form approved by the County. Price shall be net and all invoices payable according to the Florida Prompt Payment Act (F.S.218.74). IB-12 PERFORMANCE EVALUATION: At the end of the Contract, the receiving department will evaluate the successful bidder's performance. This evaluation will become public record. IB-13 ARITHMETIC DISCREPANCIES: A. For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bid forms as submitted by bidders: Obviously misplaced decimal points will be corrected. 2. In case of discrepancy between unit price and extended price, the unit price will govern. Apparent errors in extension will be corrected. 3. Apparent errors in addition of lump sum and extended prices will be corrected. B. For the purpose of bid evaluation, the County will proceed on the assumption that the bidder intends his bid be evaluated on the basis of the unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as provided above, and the bid will be so reflected on the tabulation of bids. IB-14 DESCRIPTIVE INFORMATION: Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work covered by this contract are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, make or catalogue number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. If the bidder wishes to make a substitution to the specifications, the bidder shall furnish to the County the name of the manufacturer, the model number, and other identifying data and information necessary to aid the County in evaluating the substitution, and such substitution shall be subject to County approval. Substitutions shall be approved only if determined by the County to be equivalent to the specifications. A bid containing a substitution is subject to disqualification if the substitution is not approved by the County. Specified items bid shall be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, or appropriate attachments. 6 Bid No.2005000001 IB-15 REGULATIONS: A. It shall be the responsibility of each supplier to assure compliance with any OSHA, EPA, and/or other Federal or State of Florida rules, regulations or other requirements, as each may apply. B. When applicable, as required under the provisions of Florida's Right -To -Know -Law, Florida Statutes, Chapter 442, the manufacturer, importer or distributor of a toxic substance will provide a material safety data sheet with the bid. C. Bidder must be authorized to transact business in the State of Florida. All applicable laws and regulations of the State of Florida and ordinances and regulations of Charlotte County will apply to any resulting agreement. IB-16 CODE OF ETHICS: With respect to this bid, if any bidder violates or is a party to a violation of the State of Florida/Florida Statutes, Chapter 112, Part III, Code of Ethics for Public Officers and Employees, such bidder may be disqualified from furnishing the goods or services for which the bid is submitted and shall be further disqualified from submitting any future bids for goods or services for Charlotte County. IB-17 COLLUSION: By offering a submission to this invitation for bid, the bidder certifies the bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to this bid whatsoever. Also, bidder certifies, and in the case of a joint bid each party thereto certifies as to his own organization, that in connection with this bid: # any prices and/or cost data submitted have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices and or cost data, with any other bidder or with any competitor; # any prices and/or cost data quoted for this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the scheduled opening directly or indirectly to any other bidder or to any competitor; # no attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition; # the only person or persons interested in this bid, principal or principals is/are named therein and that no person other than therein mentioned has any interest in this bid or in the contract to be entered into; and # no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees or established commercial agencies maintained by the Purchaser for the purpose of doing business. IB-18 SOURCE OF SUPPLY AND SUBCONTRACTORS: Bidders are to complete the attached Source of Supply and SubContractors form. This form must be completed and included with the bid form. If bidder does not have a source of supply or subcontractor, insert "to be determined". When source or subcontractor is determined, selection will be subject to County approval. IB-19 DRUG FREE WORKPLACE FORM: It is strongly suggested that the attached Drug Free Workplace Form be signed and returned to this office with the bid form. In the event of a tie bid, the presence of a valid and accurate form may be used as a basis for awarding the Contract. IB-20 PUBLIC ENTITY CRIMES: In accordance with Florida Statutes Sec. 287.133(2)(a), "A person oraffiliate 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/services to a public entity, may not submit a bid on a contract with a public entity for 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 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, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list". IB-21 TERMINATION OF CONTRACT: It is expressly understood by the County and the Contractor that funding for any successive fiscal years of this contract is contingent upon appropriation of monies by the Charlotte County Board of County Commissioners. In the event that funds are not available or are not appropriated, the County reserves the right to terminate the Contract. The County will be responsible for payment of any outstanding invoices and work completed by the Contractor prior to such termination. IB-22 CANCELLATION: The County shall have the right to unilaterally cancel, terminate or suspend this Contract, in whole or in part, by providing the Contractor thirty (30) days written notice by certified mail. Bid No. 2005000001 IB-23 INDEMNIFY: After notification of award, the successful bidder shall indemnify and save the County harmless from and against all claims, suits, actions, damages or causes of action arising during the terms of the resulting agreement for any personal injury, loss of life or damage to property sustained by reason or as a result of the performance of the services/delivery of goods for which the resulting agreement was entered into, or its agents, employees, invitees, and all other persons, and from and against any orders, judgements, or decrees, which may be entered thereto, and from and against all costs, attorney's fees, expenses and liabilities incurred in or by reason of the defense of any such claim, suit or action and the investigation thereof. Nothing in the award, resulting agreement, contract or Purchase Order shall be deemed to affect the rights, privileges and immunities of the County as set forth in Florida Statute 768.28. The successful bidder(s) covenants and agrees to indemnify and save harmless Charlotte County and to defend him from all costs, expenses, damages, injury or loss, attorney's fees to which the County may be subjected by any person, firm, corporation or organization by reason of wrongdoing, misconduct, want or need of care or skill, negligence or default or breach of contract, guaranty or warranty, by the successful bidder(s), his employees, his agents or assigns. IB-24 TAXES: The Contractor shall assume liability for Local, State, or Federal Tax that is applicable to the work. IB-25 EQUAL EMPLOYMENT OPPORTUNITY: Charlotte County, in accordance with the provisions of Title VI of The Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Dept. of Commerce, issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this bid, minority business enterprises will be afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. All bidders are hereby notified that the successful bidder (Contractor) must and shall comply with the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act and the Florida Civil Rights Act, all as amended. Specifically, Contractor agrees that: • No person shall, on the grounds of race, color, sex, religion, age, disability, national origin or marital status, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, activity or service funded through this Contract. • Contractor will not discriminate against any employee or applicantfor employment because of race, color, religion, sex, age, disability, national origin or marital status. Contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. • Contractorwill, in all solicitations or advertisements regarding program activities, services provided or applications for employment, state that all qualified applicants will receive consideration for services or employment without regard to race, color, religion, sex, age, disability, national origin or marital status. • County may require Contractor to submit reports as may be necessary to indicate non-discrimination. County officials will be permitted access to Contractor's books, records, accounts and other sources of information and its facilities as may be pertinent to ascertain compliance with non-discrimination laws. It is expressly understood that County shall have the right to terminate this Contract upon receipt of evidence of discrimination. Bid No. 2005000001 TECHNICAL SPECIFICATIONS & CONDITIONS AERIAL ADULTICIDE SERVICES BID NO.2005000001 TS-01 PURPOSE: The Charlotte County Board of County Commissioners is soliciting bids from qualified Contractors for primary services and back-up services furnishing Federal Aviation Administration (FAA) approved aircraft, equipped for ultra -low volume(ULV) dispersal of insecticides to control adult mosquitoes overpopulated areas within Charlotte County. The Contractor shall provide all labor, equipment, supplies, insurance, bonds, and any other requirements to complete the terms, conditions and specifications herein. Any other fees, landing and tie down fees, are the responsibility of the Contractor. TS-02 BID PRICESITERMS OF CONTRACT: Bidders shall bid unit prices. The prices bid shall include costs for all items/materials, equipment, labor, transportation, delivery, construction equipment, machinery, tools and incidentals necessary for completion of the work. These prices shall be considered firm from January 1, 2005 through and including December 31, 2005. This bid shall be extended/renewed for two (2) additional one (1) year periods, by mutual agreement, provided there are no changes in terms, conditions and prices. A. TS-03 BACK-UP CONTRACTOR SERVICES: The County reserves the right to utilize the services of the Back- up Contractor on an as -needed" basis (i.e. if: the Prime Contractor's aircraft is not airworthy; the spray equipment does not function properly; or the aircraft is not available) or should the County determine the Primary aerial adulticide Contractor to be unable to fulfill the contract obligations. Usage and/or volume of services cannot be determined at this time; no minimum amount is guaranteed or implied. TS-04 DEFINITIONS: The following terms shall have the meanings ascribed to them in this bid, unless the context clearly indicates otherwise: ■ EES: Charlotte County Department of Environmental and Extension Services. ■ Aircraft: A fixed winged airplane or rotary airplane. ■ Mosquito Adulticiding: The dispersion of a uniform dosage of insecticide from a fixed winged or rotary aircraft through a metered spray system, for the purpose of controlling adult mosquitoes. • Ultra Low Volume (ULV): The application of insecticides at a designated rate and droplet size as specified for this type of application on the label of insecticide used. TS-05 SPECIFICATIONS: B. The Contractor shall provide FAA approved aircraft equipped with a system capable of dispersing from to 1 fl. oz./acre of Charlotte County's chemical of choice, at time of bid (Dibrom). The County reserves the right to select alternate products. All aircraft shall be licensed to operate over congested areas following all FAA rules and regulations and be capable of treating 45,000 acres in one evening. Contractor to provide copy of approved FAA documentation to EES. C. The Contractor shall provide a description of the aircraft(s) and type of spray system (tank, nozzles, and pumps) used to disperse the chemicals by the ULV method and photo(s) of aircraft(s) and equipment to be submitted with the bid. If Contractor has more than one type spray system available, bids should indicate any difference cost per acre. D. All aircraft must be in excellent condition. Current Air Worthiness Certificate and Federal Aviation Administration Certification shall be furnished with bid. An inspection of the aircraft(s) and records by the County will be required before acceptance of any bid. E. A demonstration of the aircraft and spray equipment will be required before acceptance of bid. F. Contractor must be available for contact between the hours of 7:00 a.m. and 5:00 p.m., seven days a week. The Contractor shall have the resources for the County to make personal contact with a company representative within 30 minutes of the County's first attempt to notify the Contractor of a spray mission. All aircraft must be operational and available for the dispersal of insecticides in the County within six (6) hours of notification. G. Bid price will be submitted in cost per treated acre H. The areas to be treated will be designated by the Charlotte County Environmental Services -Pest Management Division as well as the time of day the treatment is to be made, application rate and quantitative amount of acreage to be covered. The County will be scheduling a majority of treatments between the hours of 10:00 pm and 5:00 am, with most being performed after midnight and before 5:00 am when weather conditions are most stable. Bid No. 2005000001 I. All aircraft will be required to operate under FAA and FDACS regulations following all safety regulations for speed and altitude while applying chemicals at label requirements. J. Evidence of ownership or acceptable lease agreements for all aircraft described must accompany bid. If the Contractor were to use any other aircraft(s) other than identified in the bid, such substitutions may only be made after prior written notice and approval by Charlotte County. K. Charlotte County reserves the right to employ the Back-up Contractor for the Mosquito Control adulticiding program, if: the Prime Contractor's aircraft is not airworthy; the spray equipment does not function properly; the aircraft is not available, the pilots do not carry out instructions; or when the County deems necessary. L. If the Prime Contractor fails to provide service under the Contract, the Prime Contractor shall pay the cost difference if other aircraft service shall be deemed necessary by Charlotte County. M. The Contractor will provide a copy of an approved droplet size spectrum and calibration report for each aircraft and spray system to be used before beginning any adulticiding treatments in Charlotte County. The Contractor shall adhere to all instructions listed on the current label of any insecticide used in reference to ULV aircraft application. Charlotte County Environmental Services -Pest Management Division reserves the right to request additional droplet size test and calibration of equipment at the Contractors cost at any time during the term of the Contract. N. Each aircraft must have installed a Global Positioning System (GPS) based electronic guidance system. This system must be able to assist in applying pesticides uniformly within an accuracy of 10 meters, horizontally. The system must include software within the GPS receiver capable of creating a grid spray area. O. Within 24 hours after a spray mission, the Contractor will provide to Charlotte County Mosquito Control a flight report recorded in the aircraft specifying the spray height, air temperature, humidity, wind conditions (speed, direction), speed of aircraft, amount of insecticide used, acreage covered, swath width and colored GPS maps differentiating spray on and spray off. P. The aircraft and pilots shall be properly trained, certified and shall meet all requirements as specified in FAA regulations. Pilots must maintain certification as described in Chapter 388 FS and 5E-13-F.A.C. for Aerial Public Health Pest Control. Copy of Pilot's license, Public Health Pest Control License and Aerial Certification shall be furnished with the bid. Q. Termination for Convenience: Charlotte County reserves the right to terminate the Contract entered into between the County and any selected Contractor in whole or pant by giving written notice at least thirty (30) days prior to effective date of the termination. Upon termination, the Contractor shall bill Charlotte County for all amounts not previously billed and due to Contractor at that time. R. In the last four (4) years, Charlotte County has averaged 485,000 treated acres per year. Charlotte County treated 540,000 acres in fiscal year 02/03. All quantities are estimates. The Contractor shall spray on an as needed basis and Charlotte County will not be held to any minimum/maximum amount of acres treated. The bidder shall designate their bid in cost/acre only. S. No alternative bids will be accepted. TS-06 CRITERIA FOR AWARD: This bid shall be awarded to two (2) Contractors, the lowest responsive, responsible bidder for Primary services and to the lowest responsive, responsible bidder for back-up services who meets and/or exceeds the requirements of the specifications and provisions set forth herein. The County reserves the right to reject the bid proposal of any bidder who has previously failed to perform properly, or on time, contracts of similar nature; or who is not in a position to satisfactorily perform the contract. If, after bid opening, the lowest bidder is deemed non -responsible by the County, such bidder shall receive written notice from the County of this determination. The bidder shall have five (5) business days from the date of this notice to dispute the determination and to provide to the County any additional information it deems relevant regarding the bidder's responsibility. The County shall make a final determination regarding the bidder's responsibility at the time of award of the contract. 10 Bid No. 2005000001 INSURANCE REQUIREMENTS AERIAL ADULTICIDE SERVICES BID NO. 2005000001 Contractor shall take out and maintain during the life of the contract such liability insurance as shall protect him and any subcontractor (pilot) performing work using his/her aircraft from claims for damages for personal injury, including accidental death, as well as for property damage, which may arise from operations performed under this contract, whether such operations be by himself or by any subcontractor or by anyone providing work, services, or material in connection with any of these operations. Such insurance shall include aircraft operations and ground operations. In the event that coverage for any of the operations being performed under this contract is excluded by a "Standard Exclusion" in the policy, such exclusions shall be eliminated. Such insurance coverage shall be in an amount not less than $1,000,000.00 general liability for bodily injury, including passenger liability and wrongful death to any one person in any one accident, and in an amount not less than $1,000,000.00 for property damage, $1,000,000.00 foraircraft liability and including an amount not less than $1,000,000.00 chemical damage, as a result of accidental spillage or pollution liability for contamination outside the scope of accidental spillage. A. Minimum Scope of Insurance: Coverage shall be at least as broad as: 1 . Insurance Services Office form number GL0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General liability coverage (occurrence form CG 0001). 2. Worker's Compensation insurance as required by the Florida Department of Labor and Employment Security, Division of Worker's Compensation and Employers Liability insurance. B. Minimum Limits of Insurance: Contractor shall maintain limits no less than: 1 . Comprehensive General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. 2. Worker's Compensation and Employer's Liability: Workers'compensation limits as required by the Labor Code of the State, of Florida and Employers Liability limits of $1,000,000.00 per accident. C. Deductibles and Self -Insured Retentions: any deductibles or self -insured retentions must be declared to and approved by the County. At the option of the County, either: the Contractor shall reduce or eliminate such deductibles or selfinsured retentions as respects the County, its officers, agents and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions: all conditions underthis section should apply to coverage stated on Page INS-1. The policies are to contain, or be endorsed to contain, the following provisions: General Liability Coverage a. The County, its officers, agents, and employees are to be covered as insured as respects: liability arising out of premises owned, leased or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the County, its officers, agents, and employees. b. The Contractor's insurance coverage shall be the primary insurance as respects the County, its Officers, Agents, and employees. Any insurance or self-insurance maintained by the County, its Officers, Agents, and employees shall be excess of the Contractor's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County, its Officers, Agents, and employees. d. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against the County, its Officers, agents, and employees for losses arising from the Contractor's operation. 3. All Coverages - Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the County. 11 Bid No. 2005000001 E. Acceptability of Insurers - Insurance is to be placed with insurers with a Bests' rating of no less than A. Verification of Coverage - Contractor shall furnish the County with certificates of insurance and with original endorsements effecting coverage required by this contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be on forms provided by the insurer and before work commences. The County reserves the right to require complete, certified copies of all required policies, at any time. Charlotte County, a political subdivision of the State of Florida, its officers, agents, employees, and volunteers are to be named as additional insured on all liability policies issued in compliance with this section. Certification of insurance, including standard notice of cancellation provisions, or valid insurance binder (which must include description of aircraft to be insured (year, make, model, IRAN, etc,), or independent certification of insurability for this type work is required at the time of bid. Failure to do so shall be considered grounds for rejection. The successful Contractor shall be required to furnish valid certificate prior to commencement date. For the purpose of identification, when submitting insurance, the bid name and number must be included on the certificate. 72 Bid No. 2005000001 BID FORM AERIAL ADULTICIDE SERVICES BID NO.2005000001 TO: Director of Purchasing Board of County Commissioners Charlotte County Administration Center 18500 Murdock Circle Port Charlotte, FI. 33948-1094 The undersigned, as bidder, does hereby declare that he has read the Request for Bids, Instructions to Bidders, Insurance Requirements, Technical Specifications & Conditions, Bid Form, and any other documentation for AERIAL ADULTICIDE SERVICES and with full knowledge and understanding of the requirements, does hereby agree to furnish all materials, equipment, labor, transportation, equipment and machinery, tools and incidentals necessary for completion and acceptance of the work at the unit costs submitted. The above listed documents are herein incorporated into the Bid Form. BID PRICES: OPTION ONE A. County supplies insecticide Price per treated acre $ /Acre — Primary Services Price per treated acre $ /Acre — Back-up Services B. Contractor supplies, stores, Price per treated acre $ /Acre — Primary Services disposes of empty containers, and application of insecticide Price per treated acre $ /Acre — Back-up Services BID PRICES: OPTION TWO PERFORMANCE GUARANTEE: Historically, Charlotte County observed an 80% reduction in landing rate counts following applications of Dibrom at Y. oz. per acre when the Department performed in house applications. Reductions in landing rates and or trap collections should reflect an 80% reduction in pre and post treatment surveillance. Should the Contractor not meet the 80% reduction requirement for any spray application, the Contractor will re -treat the area, including insecticide, at no additional cost to the County. Contractor will not be required to re -treat more than 100, 000 acres in any calendar year. A. County supplies insecticide Price per treated acre $ /Acre — Primary Services Price per treated acre $ /Acre — Back-up Services Contractor supplies, stores Price per treated acre $ /Acre — Primary Services Disposes of empty container, and application of insecticide Price per treated acre $ /Acre — Back-up Services NOTE: Charlotte County's official bid openings are open to the public. Citizens and submitting bidders are encouraged to attend. However, if you are unable to attend but wish to obtain the unofficial bid results, please contact the Purchasing Department's Automated Faxback System at (941) 623-1034, and request Current Document Number 050014. No information regarding the submittal will be divulged over the telephone. Results may also be obtained by accessing Charlotte County's Web at www.charlottecountvfl.com/purchasing or by visiting the Purchasing Department on orafter the tenth (10) day following the official bid opening. In accordance with section 120.53(5)(A) of the Florida State Statutes, the tabulation sheet will be posted for public viewing. NAME OF B (return original and one (1) copy) 13 Bid No. 2005000001 EQUIPMENT LISTING The following is a listing of your total equipment, inclusive of manufacturer, year and condition. Condition shall be listed in accordance with scale below. (Attach additional sheets, if required). Equipment Manufacturer Year Condition SCALE: 1 - Excellent 3 - Fair 2 - Good 4 - Poor Equipment is located at: NAME OF BIDDER (return original and one (1) copy) 14 Bid No. 2005000001 CONTACT PERSONNEL: Contact Person: Telephone Number: Contact Person: 24 Hour Telephone Number: REFERENCES: 1. Name of Contact Person: Project Description: Total Project Amount: $ 2. Name of Contact Person: Project Description: Total Project Amount: $_ 3. Name of Contact Person: Project Description: Telephone# Completion Date: Telephone# Completion Date: Telephone# _ Total Project Amount: $ Completion Date: Have you any similar work in progress at this time? Yes/No Length of time in business years. CHECKLIST: The following are to be included with submitted bid: () Complete equipment list () Complete reference sheet () Evidence of ownership or lease agreements for aircraft () Pilots License () Public Health Pest Control License () Aerial Certification NAME OF BIDD (return original and one (1) copy) 15 Bid No.2005000001 $To L ClE COUNTY EROSION DISTRICT 09/28/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #52- 22-SEP-2007 TO 28-SEP-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 971.41 0.00 GRAND TOTAL: 971.41 0.00 09/28/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR VOID LIST# 52- 22-SEP-2007 TO 28-SEP-2007 FUND: 001 - General Fund CHECK INVOICE VENDOR TOTAL 00353990 I2729268 Seacoast National Bank 50.00 09776923 I2732553 Seacoast National Bank 2,869.68 FUND TOTAL: 2,919.68 Charles Grande, Chairman District No. 4 Chris Craft, Vice Chairman District No. s Joseph E. Smith District No.1 Doug Coward District No. 2 Paula A. Lewis District No. 3 AGENDA October 9, 2007 1. MINUTES Approve the minutes from the meeting held on September 25, 2007. 2• GENERAL PUBLIC COMMENT CONSENT AGENDA L WARRANTS LIST Approve Warrants List No. 52, 53 and 1. 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. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 25, 2007 Convened: 10:32 a.m. Adjourned: 10: 33 a.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Richard Bouchard, Erosion Manager, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk MINTUES It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held September 11, 2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Smith, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 50 and 51. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court