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HomeMy WebLinkAboutAgenda Packet 12-04-07December 4, 2007 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 12/3/07 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies 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.co.st-lucie.fl.0 Joseph Smith, Chairman District No. 1 Paula Lewis, Vice Chairman District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 December 4, 2007 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1 j MINUTES �'0 Approve the minutes from the November 27, 2007 meeting. 2. PROCLAMATIONS/PRESENTATIONS re are n roc at ,-esentations scheduled for December 4, 2007. ��' a C li o KeSd�u�iw., Qoa .� 3. ENE BL M ENT yy 4. CONSENT AGENDA ��en' a PUBLIC HEARINGS 5A. I COUNTY ATTORNEY ne Ordinance No. 07-051 - Amending Chapter 1-2.3 (Airports and Aircraft) by adopting Primary Guiding �ty Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the St. Lucie County International Airport - Consider staff recommendation to approve proposed Ordinance No. 07- 051 as drafted. 5B. COUNTYATTORNEY /i4o4&111 fo iwrd�Qu�ltti� j�u lkOry� of %,g,-�ai- �C rdinance No. 07-013 - Providing the Terms and Conditions for Installing, Constructing and aintaining a Communications Facility in the County's Public Rights -of -Way for the Provision of Communications Service - This is the first of two public hearings. No action is required at this time. The second public hearing will be December 18, 2007. wary air 2cav7. Q f 9� o,- a 5 5 cxi o ,-e I ige`CS END OF PUBLIC HEARINGS 6. PUBLIC WORKS Multi -way stop signs at Indian River Drive and Walton Road Intersection - Public Works Staff is 1 requesting Board Consideration to approve Resolution No. 07-344 providing for the installation of stop signs at the Indian River Drive and Walton Road Intersection. �-. .;.�: �BN � �l ;li � �,:.. W ,,.. �IiIWF71In1 I� ,'.. i..:.... ... ■ ... .: �i�� /N�91Yfi CONSENT AGENDA 1. WARRANTS Approve warrant list No. 9 2. COUNTY ATTORNEY Third Amendment to Agreement with Clarion and Associates — Consider staff recommendation to approve Third Amendment and authorize the Chairman to sign. 3. AIRPORT A. Request approval for Work Authorization No. 7 for LPA Group to provide consultant services to remove exotics on a 12.13 acre mitigation site at the St. Lucie County International Airport, for a lump sum cost of $32,000 — Consider staff recommendation to approve Work Authorization No. 7 for LPA Group to provide professional services to remove exotics at the 12.13 acre site on the corner of US 1 and 25th Street for a total lump sum cost of $32,000, and the Chairman or designee to execute the same. B. Request that the Board approve Change Order #1 for Ocean Gate General Contractors, Inc. — Consider staff recommendation to approve Change Order #1 for Ocean Gate General Contractors, Inc., for an additional cost of $30,040.25, changing the contract amount from $2,298,498 to $2,323,538.25 and adding 81 days to the contract time, changing the substantial completion date to January 8, 2008, for the construction for the new Aircraft Rescue and Firefighting Facility (ARFF) at the St. Lucie County International Airport, and authorize the Chair or designee to execute the same. 4. PUBLIC WORKS Engineering Division - Professional Engineering Services Stormwater Management — First Amendment to Work Authorization No. 1 with PBS&J for a time extension through August 31, 2009 for Paradise Park Subdivision Stormwater Improvements Phase II to assist St. Lucie County throughout our construction phase. There are no funds associated with this item — Consider staff recommendation to approve the First Amendment to Work Authorization No. 1 with PBS&J, for a time extension through August 31, 2009 for Paradise Park Subdivision Stormwater Improvements Phase II, and authorize the Chairman to sign. S. PURCHASING A. Fixed Asset Inventory -Property Record Removal — Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. B. Board approval to award Invitation to Bid No. 08-005, Construction of the St. Lucie County Skateboard Park — Consider staff recommendation to approve to award Invitation to Bid No. 08- 005, Construction of the St. Lucie County Skateboard Park to the lowest responsive, responsible, bidder, AWM Construction, Inc., for the cost of $545,515.D0 and authorize the Chairman to sign the contract as prepared by the County Attorney. 6. CENTRAL SERVICES A. Bid Waiver and Sole Source Declaration - Millennium Marble & Tile, Inc. - Sealant restoration of existing granite facade panels on the exterior of the downtown Courthouse Annex Building — Consider staff recommendation to approve the bid waiver and sole source declaration to Millennium Marble & Tile for the sealant restoration of existing granite fagade panels on the exterior of the downtown Courthouse Annex Building at a cost of $167,700, and authorize the Chair to sign the contract as prepared by the County Attorney. Consent Agenda December 4, 2007 Page Two 6. CENTRAL SERVICES CONTINUED B. David Brooks Enterprises / Contract #C05-12-636 / Change Order No. 8 Construction of the New Clerk of Courts Building to include only Phase I construction of the Old Clerk of Count Remodel. This project is of high priority, as it will provide immediate relief to the current space needs with additional courtroom space and will be connected to the New Clerk of Counts Building. Also, the current Builders Risk Insurance will be extended on the New Clerk of Courts Building. Estimated cost to complete Phase I is $4,830,368 and approval and implementation of this Change Order (No. 8) will: • Save project time: By approving David Brooks Enterprises, already on site with construction of the New Clerk of Court Bldg., construction of the Chiller Plant, and the window repair and resealing of the exterior limestone panels on the Old Clerk of Court Bldg., to move forward with Phase I. • Savings in project costs: By utilizing the Direct Material Purchase option (tax exempt purchases/sales tax savings) already in place with David Brooks Enterprises for the construction of the New Clerk of Courts Building. • This Change Order is for Phase I construction only. Consider staff recommendation to approve Change Order No. 8 to #C05-12-636, David Brooks Enterprises, to include only Phase I construction of the Old Clerk of Court Remodel project at a cost of $4,830,368, and authorize the Chair to sign the Change Order as prepared by the County Attorney. 7. GRANTS Authorize the submittal of a grant application to Children's Services Council of St. Lucie County on behalf of In The Image of Christ Inc., a non-profit organization, for funding to promote Kwanzaa — A Unique Celebration Pride Program for all residents of St. Lucie County — Consider staff recommendation to approve the submittal of the grant application to Children's Services Council of St. Lucie County. 8. UTILITIES Staff requests approval of a Work Authorization with CDM, Inc. for engineering services related to the water, wastewater and reclaimed water rate and connection fee study in the amount of $49,700.00 — Consider staff recommendation to approve Work Authorization with CDM, Inc. for engineering services related to the water, wastewater and reclaimed water rate and connection fee study in the amount of $49,700.00. 9. ADMINISTRATION A. AG PUD Steering Committee — Cattlemen's Association would like to appoint Jim Russakis as their representative on the Agricultural Development Steering Committee — Staff recommends ratification of Jim Russakis as the representative for the Cattlemen's Association to the Agricultural Development Steering Committee. B. Art in Public Places Committee — Consider staff recommendation to ratify Commissioner Craft's appointment of Mr. Havert Fenn to the Art in Public Places Committee. ANNOUNCEMENTS December 4, 2007 1. There will be no Board of County Commissioners meeting on Tuesday, December 25, 2007 due to the County's observance of the Holiday. 2. There will be no Board of County Commissioners meeting on Tuesday, January 1, 2008 due to the County's observance of the Holiday. 3. The Board of County Commissioner will hold the January Informal Monthly Meeting on Tuesday, January 22, 2008 at 1:30 p.m. in Conference Room #3. 4. The Board of County Commissioners Evaluation and Appraisal Report Major Issues Workshop will be on Friday, January 25, 2008 at 1:30 p.m. in the County Commission Chambers. 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. December 4, 2007 6:00 P.M. BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA iniiiii REGULAR AGENDA 1. COUNTY ATTORNEY Resolution No. 07-390 — To Support Maintaining the Indian River Lagoon Blueway Project on the "A" p ( Acquisition List under the Florida Forever Program —Consider staff recommendation to adopt the Pattached Resolution No. 07-390 as drafted. CONSENT AGENDA CA1. PURCHASING Board approval to award Invitation to Bid (ITB) #07-111 Construction of the Emergency Operations Center to the lowest responsive, responsible bidder, Paul Jacquin & Sons, Inc. — Consider staff recommendation to approve to award Invitation to Bid #07-111 Construction of the Emergency Operations Center to the lowest responsive, responsible bidder, Paul Jacquin & Sons, Inc. for: 1.) The amount of $8,552,000.00 2.) Authorize staff to reduce the amount of the award for County purchased bid items and alternates not used, and 3.) Authorize the Chairman to sign the contract as prepared by the County Attorney. CA2. GRANTS Authorize the County Administrator to sign the Federal Emergency Management Agency (FEMA) Project Completion and Certification Report for Hurricane Irene (Disaster 1306). The report certifies that all FEMA projects resulting from Hurricane Irene have been completed, that all costs claimed are eligible in accordance with the FEMA grant conditions, and that all costs claimed have been paid in full — Consider staff recommendation to authorize the County Administrator to sign the Federal Emergency Management Agency Project Completion and Certification Report for Hurricane Irene. 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. December 4, 2007 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 12/3/07 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies 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.co.st-lucie.fl.us Joseph Smith, Chairman District No. 1 Paula Lewis, Vice Chairman District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 December 4, 2007 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes from the November 27, 2007 meeting. 2. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled for December 4, 2007. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS 5A. COUNTY ATTORNEY Ordinance No. 07-051 — Amending Chapter 1-2.3 (Airports and Aircraft) by adopting Primary Guiding Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the St. Lucie County International Airport — Consider staff recommendation to approve proposed Ordinance No. 07- 051 as drafted. 5B. COUNTY ATTORNEY Ordinance No. 07-013 — Providing the Terms and Conditions for Installing, Constructing and Maintaining a Communications Facility in the County's Public Rights -of -Way for the Provision of Communications Service — This is the first of two public hearings. No action is required at this time. The second public hearing will be December 18, 2007. END OF PUBLIC HEARINGS 6. PUBLIC WORKS Multi -way stop signs at Indian River Drive and Walton Road Intersection — Public Works Staff is requesting Board Consideration to approve Resolution No. 07-344 providing for the installation of stop signs at the River riv'0and W o oaGersg�tion. CONSENT AGENDA 1. WARRANTS Approve warrant list No. 9 2. COUNTY ATTORNEY Third Amendment to Agreement with Clarion and Associates — Consider staff recommendation to approve Third Amendment and authorize the Chairman to sign. 3. AIRPORT A. Request approval for Work Authorization No. 7 for LPA Group to provide consultant services to remove exotics on a 12.13 acre mitigation site at the St. Lucie County International Airport, for a lump sum cost of $32,000 — Consider staff recommendation to approve Work Authorization No. 7 for LPA Group to provide professional services to remove exotics at the 12.13 acre site on the corner of US 1 and 251h Street for a total lump sum cost of $32,000, and the Chairman or designee to execute the same. B. Request that the Board approve Change Order #1 for Ocean Gate General Contractors, Inc. — Consider staff recommendation to approve Change Order #1 for Ocean Gate General Contractors, Inc., for an additional cost of $30,040.25, changing the contract amount from $2,298,498 to $2,323,538.25 and adding 81 days to the contract time, changing the substantial completion date to January 8, 2008, for the construction for the new Aircraft Rescue and Firefighting Facility (ARFF) at the St. Lucie County International Airport, and authorize the Chair or designee to execute the same. 4. PUBLIC WORKS Engineering Division - Professional Engineering Services Stormwater Management — First Amendment to Work Authorization No. 1 with PBS&J for a time extension through August 31, 2009 for Paradise Park Subdivision Stormwater Improvements Phase II to assist St. Lucie County throughout our construction phase. There are no funds associated with this item — Consider staff recommendation to approve the First Amendment to Work Authorization No. 1 with PBS&J, for a time extension through August 31, 2009 for Paradise Park Subdivision Stormwater Improvements Phase II, and authorize the Chairman to sign. S. PURCHASING A. Fixed Asset Inventory -Property Record Removal — Consider staff recommendation to authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. B. Board approval to award Invitation to Bid No. 08-005, Construction of the St. Lucie County Skateboard Park — Consider staff recommendation to approve to award Invitation to Bid No. 08- 005, Construction of the St. Lucie County Skateboard Park to the lowest responsive, responsible, bidder, AWM Construction, Inc., for the cost of $545.515.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. 6. CENTRAL SERVICES A. Bid Waiver and Sole Source Declaration - Millennium Marble & Tile, Inc. - Sealant restoration of existing granite fa§ade panels on the exterior of the downtown Courthouse Annex Building — Consider staff recommendation to approve the bid waiver and sole source declaration to Millennium Marble & Tile for the sealant restoration of existing granite facade panels on the exterior of the downtown Courthouse Annex Building at a cost of $167,700, and authorize the Chair to sign the contract as prepared by the County Attorney. Consent Agenda Deitember 4, 2007 Page Two 6. CENTRAL SERVICES CONTINUED B. David Brooks Enterprises / Contract #C05-12-636 / Change Order No. 8 Construction of the New Clerk of Courts Building to include only Phase I construction of the Old Clerk of Court Remodel. This project is of high priority, as it will provide immediate relief to the current space needs with additional courtroom space and will be connected to the New Clerk of Courts Building. Also, the current Builders Risk Insurance will be extended on the New Clerk of Courts Building. Estimated cost to complete Phase I is $4,830,368 and approval and implementation of this Change Order (No. 8) will: • Save project time: By approving David Brooks Enterprises, already on site with construction of the New Clerk of Court Bldg., construction of the Chiller Plant, and the window repair and resealing of the exterior limestone panels on the Old Clerk of Court Bldg., to move forward with Phase I. • Savings in project costs: By utilizing the Direct Material Purchase option (tax exempt purchases/sales tax savings) already in place with David Brooks Enterprises for the construction of the New Clerk of Courts Building. • This Change Order is for Phase I construction only. Consider staff recommendation to approve Change Order No. 8 to #C05-12-636, David Brooks Enterprises, to include only Phase I construction of the Old Clerk of Court Remodel project at a cost of $4,830,368, and authorize the Chair to sign the Change Order as prepared by the County Attorney. 7. GRANTS Authorize the submittal of a grant application to Children's Services Council of St. Lucie County on behalf of In The Image of Christ Inc., a non-profit organization, for funding to promote Kwanzaa — A Unique Celebration Pride Program for all residents of St. Lucie County — Consider staff recommendation to approve the submittal of the grant application to Children's Services Council of St. Lucie County. S. UTILITIES Staff requests approval of a Work Authorization with CDM, Inc. for engineering services related to the water, wastewater and reclaimed water rate and connection fee study in the amount of $49,700.00 — Consider staff recommendation to approve Work Authorization with CDM, Inc. for engineering services related to the water, wastewater and reclaimed water rate and connection fee study in the amount of $49,700.00. 9. ADMINISTRATION A. AG PUD Steering Committee — Cattlemen's Association would like to appoint Jim Russakis as their representative on the Agricultural Development Steering Committee — Staff recommends ratification of Jim Russakis as the representative for the Cattlemen's Association to the Agricultural Development Steering Committee. B. Art in Public Places Committee — Consider staff recommendation to ratify Commissioner Craft's appointment of Mr. Havert Fenn to the Art in Public Places Committee. {W iiiiiWWliiiWiWilt WiII W iNiilii�tllllt NIHtliliiiiYW11{Ii�liiliuu�u " ANNOUNCEMENTS December 4, 2007 iWilii� Bl�igitYpYWWiIIgiYtlN11W11{{Ht81iNWW�YiIYIIWiN1iCi11fI11YWi�IYi1111iiWY111ili1NfNY11NIlGi1t1i1iiili{ilfiiill�il�fi 1. There will be no Board of County Commissioners meeting on Tuesday, December 25, 2007 due to the County's observance of the Holiday. 2. There will be no Board of County Commissioners meeting on Tuesday, January 1, 2008 due to the County's observance of the Holiday. 3. The Board of County Commissioner will hold the January Informal Monthly Meeting on Tuesday, January 22, 2008 at 1:30 p.m. in Conference Room #3. 4. The Board of County Commissioners Evaluation and Appraisal Report Major Issues Workshop will be on Friday, January 25, 2008 at 1:30 p.m. in the County Commission Chambers. 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. REGULAR AGENDA RA1. COUNTY ATTORNEY Resolution No. 07-390 — To Support Maintaining the Indian River Lagoon Blueway Project on the "A" Acquisition List under the Florida Forever Program — Consider staff recommendation to adopt the attached Resolution No. 07-390 as drafted. CONSENT AGENDA CA1. PURCHASING Board approval to award Invitation to Bid (ITB) #07-111 Construction of the Emergency Operations Center to the lowest responsive, responsible bidder, Paul Jacquin & Sons, Inc. — Consider staff recommendation to approve to award Invitation to Bid #07-111 Construction of the Emergency Operations Center to the lowest responsive, responsible bidder, Paul Jacquin & Sons, Inc. for: 1.) The amount of $8,552,000.00 2.) Authorize staff to reduce the amount of the award for County purchased bid items and alternates not used, and 3.) Authorize the Chairman to sign the contract as prepared by the County Attorney. CA2. GRANTS Authorize the County Administrator to sign the Federal Emergency Management Agency (FEMA) Project Completion and Certification Report for Hurricane Irene (Disaster 1306). The report certifies that all FEMA projects resulting from Hurricane Irene have been completed, that all costs claimed are eligible in accordance with the FEMA grant conditions, and that all costs claimed have been paid in full — Consider staff recommendation to authorize the County Administrator to sign the Federal Emergency Management Agency Project Completion and Certification Report for Hurricane Irene. 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: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. 5.A Date: December 4, 2007 Regular [ ] Public Hearing [X] Consent [ ] PRESENTED BY: Heather Young Assistant County Attorney Diana Lewis Airport Director SUBJECT: Ordinance No. 07-051 - Amending Chapter 1-2.3 (Airports and Aircraft) by adopting Primary Guiding Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the St. Lucie County International Airport BACKGROUND: See C.A. No. 07-1843 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board approve proposed Ordinance No. 07-051 as drafted. COMMISSION ACTION: [�tJ APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 (Comm. Smith absent) County Attorney: r/� Originating Dept.: Finance (Check for Copy only, if appli CONCURRE E: Do M. Anderson County Administrator Coordination/Signatures Mgt. & Budget Purchasing: Other: Other: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-1843 DATE: November 16, 2007 SUBJECT: Ordinance No. 07-051 - Amending Chapter 1-2.3 (Airports and Aircraft) by adopting Primary Guiding Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the St. Lucie County International Airport BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 07-051 which would amend Chapter 1-2.3 (Airports and Aircraft) by Primary Guiding Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the St. Lucie County International Airport. The proposed documents were drafted by Aviation Management Consulting, Corp, which was retained by the Airport for that purpose. The Airport staff and the consultant have held several meetings with the Airport tenants and users to discuss the proposed regulations and have attempted to incorporate their concerns into the ordinance. Revisions to the previous draft are identified by bold font in addition to underline or strike through as appropriate. The consultant will be present at the public hearing on December 4, 2007 to make a presentation regarding the regulations and to address any questions. The proposed ordinance was originally presented for permission to advertise for a public hearing to be held on September 19, 2007. That hearing date was cancelled in order to allow staff additional time to meet with the Airport tenants and users. As a result of those meetings and comments received from the Board in the interim, the ordinance has been revised to delete the office and lobby area requirements contained in Tables 1 and 2 on pages 74 and 76, respectively. In addition, a new Section 1-2.3-49 (Non -tenant aviation service operator), p. 88, has been created to allow the use of off -airport contractors, or through the fence contractors, if those businesses are permitted through the fixed base operators or other tenants. This process will enable the airport users to obtain services from vendors of their choosing while complying with Federal Aviation Administration grant requirements which prohibit discrimination against on airport contractors who are required to meet the minimum standards in order to lease or sublease at the airport. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve proposed Ordinance No. 07-051 as drafted. 1 Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Assistant County Administrator Outlaw Airport Director 2 ORDINANCE NO. 07-051 AN ORDINANCE AMENDING CHAPTER 1-2.3 (AIRPORTS AND AIRCRAFT) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1- 2.3-1 (DEFINITIONS) TO INCLUDE ADDITIONAL DEFINITIONS; DELETING ARTICLE II (REGULATION OF VEHICULAR TRAFFIC AND PARKING) AND CREATING ARTICLE II (PRIMARY GUIDING DOCUMENTS); CREATING ARTICLE III (RULES AND REGULATIONS); AND CREATING ARTICLE IV (GENERAL AVIATION MINIMUM STANDARDS) TO REGULATE THE OPERATIONS AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, St. Lucie County owns and operates the St. Lucie County International Airport (the "Airport"); and, WHEREAS, Chapter 1-2.2 (Airport and Aircraft) of the St. Lucie County Code of Ordinances and Compiled Laws provides for the regulation of operations at the Airport; and, WHEREAS, on this _ day of , 2007, at a duly advertised public hearing, the Board determined that it is necessary and in the public interest to amend Chapter 1-2.2 by amending Chapter 1-2.2 to adopt rules and regulations governing the operation of aircraft and motor vehicles at the Airport in order to provide for a safer and more efficient airport for users of the Airport. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-2.3-1 (DEFINITIONS) OF CHAPTER 1-2.3 (AIRPORTS AND AIRCRAFT) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Streek throngpassages are deleted. I Underlined passages are added. Section 1-2.3-1 (Definitions) of Chapter 1-2.3 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-2.3-1. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter the most reasonable application. Words not specifically defined below which relate to aeronautical practices, processes, and equipment shall be construed according to their general usage in the aviation industry: Abandon means to forsake, desert, give up and surrender one's claim or right. Abandoned as applied to Property, other than Aircraft or Vehicles left at the Airport. means that it has been left on the Airport for 48 hours without the owner moving_ or claiming it. ACmeans Advisory Circular issued by the FAA to help explain the intent of a federal regulation, to provide guidance and information to the aviation public in a designated sub ject area, or to show an acceptable method for complying with a related federal regulation Accidentmeans a collision or other contact between any part of an Aircraft Vehicle person, stationary object and/or other thing which results in Property damage personal in►ury. or death; or an entry into or emergence from a moving Aircraft or Vehicle by a person which results in personal in -jury or death to such person or some other person or which results in Property damage. AeronauticalActivity(or "AeronauticalActivities"or "Activity"or "Activities) means any activity or service that involves makes possible facilitates is related to assists in or is required for the operation of Aircraft or another Aeronautical Activity, or which contributes to or is required for the safety of such operations The following Activities without limitation, which are commonly conducted on airports are considered Aeronautical Activities within this definition: Aircraft charter, pilot training Aircraft rental sightseeing, aerial photography, aerial spraying and agricultural aviation services aerial advertising aerial surveying, air carrier operations (passenger and cargo). Aircraft sales and service sale of aviation fuel and oil. Aircraft Maintenance sale of Aircraft parts and any other Activities which, because of their direct relationship to the operation of Aircraft or the Airport can appropriately be regarded as an Aeronautical Activity. For the purposes of the Primary Guiding Documents, all products and services described herein are deemed to be "Aeronautical Activities". passages are deleted. 2 Underlined passages are added. Agency means any federal state or local governmental entity. unit, agency - organization, or authority. Agreement means a written contract executed by both parties and enforceable by law between the County and an entity granting a concession transferring rights or Interest in land and/or Improvements and/or otherwise authorizing and/or prohibiting the conduct of certain Activities. Such Agreement will recite the terms and conditions under which the ActiviV will be conducted at the Airport including but not limited to term of the Agreement' rents fees and charges to be paid by the entity: and the rights and obligations of the respective parties. Aircraft means any contrivance now known or hereafter invented, which is used or designed for navigation of or flight in air or space, except a parachute or other contrivance designed for such navigation but used primarily as a safety device equipment. This includes, but is not limited to airplanes, airships balloons dirigibles rockets helicopters, gliders gyrocopters ground effect machines sailplanes amphibians and seaplanes. AircraftDesion 6ro4means grouping of Aircraft based upon wingspan. The groups are as follows: Group I: Up to but not including, 49 feet. Group_II: 49 feet up to but not including 79 feet Group III. 79 feet up to but not including 118 feet Aircraft Line Maintenance means Aircraft Maintenance typically required to return an Aircraft to service within a short period of time Examples include but are not limited to replenishing lubricants fluids nitrogen and oxygen' servicing of landing gear tires and struts; lubricating aircraft components; and avionics/instrument removal and/or replacement. Aircraft Maintenance means the repair, maintenance alteration, calibration, adjustment preservation or inspection of Aircraft airframe power plant propeller, and accessories (including the replacement of parts) as described in 14 CFR Part 43. Aircraft Operator means a person who uses causes to be used, or authorizes to be used an Aircraft with or without the right of legal control (as owner, lessee or otherwise), for the purpose of air navigation including the piloting of Aircraft or on any part of the surface of the Airport. Airframe and Power plant Mechanic (or "A d PMechanic") means a person who holds on Aircraft mechanic certificate with both the airframe and power plant ratings This certification is issued by the FAA under the provisions of 14 CFR Part 65. Airport means the St. Lucie County E,ti-tiek threugk passages are deleted. 3 Underlined passages are added. International Airport and all land improvements and appurtenances within the legal boundaries of the Airport as it now exists on the Airport Layout Plan (or Exhibit A of the most recent FAA grant and sponsor assurances) and as it may hereinafter be extended enlarged, or modified. AiraortAssurances means those contractual obligations that are described by law in 49 U.S.C. 9 47107 and are undertaken by a public airport sponsor as a condition of receipt of federal airport development grants or federal surplus property. Airport Director means the individual charged with the duty to manage supervise control, and protect the Airport or such other employee of the Airport as the Airport Director may from time to time designate to carry out the duties of the Airport Director Airaortldentification Badge ("Badge ")means a badge or similar device allowing access to certain parts of the Airport. Airport Layout Plan, (or "ALP") means the currently approved drawing depicting the physical layout of the Airport and identifying the location and configuration of current and proposed runways, Taxiways, buildings roadways utilities navaids etc Abort Operations Area (or "AOA") means the geographic location that includes Aircraft Movement Areas Aircraft parking areas (Aprons), loading ramps safety areas and any adjacent areas (such as general aviation areas) that are not separated by adequate security systems, measures, or procedures. Air Traffic Control (or "ATC") means a service operated by appropriate authority to promote the safe, orderly, and expeditious flow of Aircraft in the air and movement on the ground. Applicantmeans an entity desiring to use land and/or Improvements at the Airport to engage in Aeronautical Activities and who shall apply in writing and in the manner or form prescribed herein for authorization to engage in such Activities at the Airport Apron means those paved areas of the Airport within the AOA designated for the loading or unloading of passengers, servicing, or parking of Aircraft Association means an entity legally formed and recognized under the laws of the State of Florida having an existence separate and apart from its members or shareholders (i.e.. Limited Liability Company, Corporation Partnership Limited Partnership etc.). Amosmeans aviation gasoline. S+ruel( through passages are deleted. 4 Underlined passages are added. Based Aircraft means any Aircraft utilizing the airport as abase of operation (other than occasional transient purposes) and is registered at the airport with an assigned tie -down or hangar space on the Airport or ad joining properU which has direct Taxiway access to the Airport. Board or ROCCmeans the board of county commissioners of #ate St. Lucie County. Certificates of Insurance means a certificate provided by and executed by an Operator's insurance company evidencing the insurance coverages and limits of the Operator. CFR means the Code of Federal Regulations as may be amended from time to time. Commercial means an Activity with the intent to generate and/or secure earnings, income compensation (including exchange or barter of goods and services) and/or profit. whether or not such objectives are accomplished. Compensation means any form of reimbursement for goods or services such as. but not limited to monetary barter. favors, gratuity. ContiquousLand means land that is sharing an edge or boundary or is separated by no more than a Taxilane or Taxiway. Control tower means an air traffic control tower located at the airport. County means St. Lucie County, a political subdivision of the State of Floridn. Curbside means the curb and those lanes designated by the director for loading and unloading adjacent to the terminal building area at the airport. Current means all rents fees and other charges (required to be paid under any and all Agreements) are paid. Department of Transportation (or "DOT') means the Cabinet department of the United States government concerned with transport It is administered by the United States Secretary of Transportation. Derelict means deserted (abandoned) by an owner and/or in dilapidated condition. This does not include Aircraft under the care custody and control of a Commercial Aeronautical Operator for the purpose of refurbishment or repair. Development Guidelines means the parameters governing the design construction, and/or modification of Operator or Lessee facilities at the Airport as may be adopted or amended from time to time. 6#raek#hreugk passages are deleted. 5 Underlined passages are added. Emergency Vehic%means a vehicle of the police or fire department ambulance or any Vehicle conveying an Airport official or Airport employee in response to an official emergency call. Ema/oyee(s) means any individual employed by an entity where by said entity collects and nays all associated taxes on behalf of Employee (i.e.,social security and medicare) The determination of status between "employee" and "contractor" shal I be made according to then current IRS standards. Equiymen t means treter vehicles, which exist at am eirpert er etre utilized in comitliletiem with the eperatiam ef ctircreff or am airport facikfy all property and machinery, together with the necessary supplies, tools, and apparatus necessary for the proper conduct of the Activity being performed. Exclusive Right means a power, privilege or other right excluding or preventing another from enjoying or exercising a like power privilege or right An exclusive right may be conferred either by express Agreement by imposition of unreasonable standards or requirements, or by any other means Such a right conferred on one or more parties but excluding others from enjoying or exercising a similar right or rights would be an exclusive right. An exclusive right to conduct an Aeronautical Activity, which is forbidden by federal regulation, is distinguished from an exclusive right to occupy real estate which is permitted by federal regulation under certain conditions Federal Aviation Administration (or "FAA ")means the Agency within the Department of Transportation of the United States government that has the responsibility of promoting safety in the air, by both regulation and education Fire District means the St. Lucie County Fire District and its fire fighting personnel who are responsible for fire fighting at the Airport Fixed Base Operator (or "FRO") means a Commercial Operator engaged in the sale and/or subleasing of products, services, and facilities to Aircraft Operators including at a minimum, the following Activities at the Airport: A. Sale of aviation Fuels and lubricants (Jet Fuel Avgas and Aircraft lubricants) B. Passenger, crew. and Aircraft ground services, support and amenities C. Aircraft Maintenance D. Tiedown, hangar. and Aircraft Parking Flight Training means any use of an Aircraft to increase or maintain pilot or crewmember proficiency rather than the use of an Aircraft as transportation between two #hreagh passages are deleted. 6 Underlined passages are added. different Airports or other destinations Flight Training shall also include any portion of a flight between two Airports or other destinations dedicated to increase or maintain pilot or crewmember proficiency. Fuel means any substance (solid liquid or gaseous) used to operate any engine in Aircraft Vehicles or equipment. Fuel Handling means the transpoortingdelivering,fueling, ueling or draining of Fuel or Fuel waste products. 6eneralA viation means all aviation with exception of air carriers (including cargo) and government General Aviation Aircraft are utilized for Commercial and non-commercial purposes including business corporate recreational/pleasure, charter/air taxi, industrial/special purpose and instructional. 6eneral Provisions means provisions common to all Primary Guiding Documents. Hazardous Materials (or Hazardous Waste) means a substance or combination of substances which because of its quantityconcentration or physical chemical or infectious characteristics may either (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness,• or (2) pose a substantial present or potential hazard to human health or environment when improperly treated stored transported disposed of or otherwise manacled. Improvements means all buildings structures additions and facilities including pavement concrete fencing and landscaping_ constructed installed, or placed on, under. or above any land on the Airport. JetFuelmeens fuel commonly utilized in Turboprop and Turboiet Aircraft. Law Enforcement Officer means any theairportu Aer law enforcement officers of any federal, state, or local government authority Agency. Leased Premises means the land and/or Improvements used exclusively under Agreement by Operator for the conduct of Operator's Activities. Lessee means an entice that has entered into an Agreement with the County to occupy, use and/or develop land and/or Improvements and engage in Aeronautical Activities. Limousine means any motor vehicle having a seating capacity of eight (8) persons, excluding the driver, operating to and from the airport for hire in accordance with a valid motor carrier license issued by the board, but shall not include "taxicabs" or "vans" as defined in section 1-13.3-16 of the County Code of Ordinances and Compiled Laws. -s�� passages are deleted. 7 Underlined passages are added. less. Licht Aircraft means aircraft with a maximum takeoff weight of 12,500 pounds or Master Plan means an assembly of appropriate documents and drawings covering the development of the Airport from a physical economical social and political jurisdictional perspective and adopted by the Airport a copy of which is on file and available for inspection in the Airport Director's office and any amendments modifications revisions or substitutions thereof. The Airport Layout Plan (ALP) is apart of the Master Plan. Minimum Standards means those qualifications standards and criteria set forth as the minimum requirements to be met as a condition for the right to engage in Activities at the Airport, as they may be amended from time to time Motor vehicle means a device in, upon, or by which a person or property may be propelled, moved, or drawn upon land or water, except a device moved by human or animal power, aircraft or devices moved exclusively upon stationary rails or tracks, and "equipment" as defined in this section. Movement Area means the runways. Taxiways and other areas of the Airport which are utilized for taxiing/hover taxiing, air taxiing takeoff and landing of Aircraft exclusive of loading ramps and parking areas Specific approval for entry onto the movement area must be obtained from ATC. Nation/Fire Pro tectionAssociation(or "NFPA")means all codes standards rules and regulations contained in the Standards of the National Fire Protection Association as mu be amended from time to time, and are incorporated herein by reference Non -Commercial means not for the purpose of securing earnings income compensation (including exchange of service), and/or profit. Non -Commercial Operator means an entity that either owns or leases and operates Aircraft for personal or recreational purposes. In the case of a business the operation of Aircraft must be an ancillary Activity to support the business's purposes by providing transportation for the exclusive use of its employees, agents. and/or customers In all cases the Non -Commercial Operator neither offers nor engages in Commercial Aeronautical Activities. Non -Movement Area means those areas of the Airport where Aircraft taxi or are towed or pushed without radio contact with ATC or with other Aircraft These areas are usually confined to those immediately adjacent to hangars shops terminal buildings and other structures. Non -Movement Areas are usuallv defined as part of the same formal agreement referenced herein under Movement Areas. Struek through passages are deleted. 8 Underlined passages are added. Operator (as used in Lease/Rates and Charges Policy and Minimum Standards) means an entice that has entered into an Agreement with the County or an approved Sublease for office shop hangar, or land to engage in Commercial Aeronautical Activities. Owner means the registered legal owner of an Aircraft according to the records of the FAA or a Vehicle according to the Department of Motor Vehicle records. ParkAng means the standing of an Aircraft or Vehicle, whether occupied or not, other than for the purpose of, and while, engaging in loading or unloading of Property and/or passengers. Paved to lay or cover with asphalt or concrete that forms a firm level surface. Permission A right or approval granted by the Airport Director. Piston Aircraft An Aircraft that utilizes a reciprocating engine for propulsion. Primary 6uidirio Documents a compilation of policy_ documents of the County, as may be adopted or amended from time to time including General Provisions Lease/Rates and Charges Policy. Minimum Standards Rules and Regulations and Development Guidelines. Private Vehicle Any Vehicle operated for transportation of persons or baggage that are not customers of the Vehicle Operator, and no revenue is being derived from the transportation either directly or indirectly. Property anything that is owned bXan entity. Property is divided into two types: "real property" which is any interest in land real estate growing plants or the Improvements on it and "personal property" which is everything else. Public Area those areas of the Airport open for public thoroughfare, gathering, waiting and/or viewing and in which access is not restricted by federal and Airport regulations. Readies Available Conveniently located (in close proximity) and accessible, but not necessarily located on the Leased Premises. Refueling Vehicle Any Vehicle used for the transporting handling or dispensing of Fuels, oils, and lubricants. Regulatory Measures Federal state count local and Airport laws, codes ordinances policies rules and regulations including without limitation those of the United States Department of Transportation the FAA T5A EPA EPCRA and the Primary Guiding Documents,• all as may be in existence hereafter enacted and amended from time to time. Struckugh passages are deleted. 9 Underlined passages are added. Repair Station, A certificated Aircraft Maintenance facility approved by the FAA to perform specific maintenance functions These facilities are certificated under 14 CFR Part 145. Rules and Regulations, Rules and Regulations of the Airport properly adopted by Resolution of the St. Lucie Board of County Commissioners as may be adopted or amended from time to time. Runup, Aircraft engine operation above normal idle power for purposes other than initiating taxi or takeoff. Self -Fueling, The fueling of an Aircraft by the Owner of the Aircraft or the Owner's Employee, using the Owner's Equipment. Self Servicing. Any person who dispenses Fuel into an Aircraft using a commercial self-service Aircraft fueling station to their own fueling apparatus Sheriff's Department, Agency and low enforcement officers having jurisdiction (responsibility) over those portions of the Airport located within the County. As such the terms "Sheriff's Department" and "Law Enforcement Officer" are used interchangeably SPCCP/an. Spill Prevention. Control, and Countermeasures Plan Specialized Aviation Service Operator (or 'SASO") A Commercial Operator that provides any one or a combination of the following Activities: Aircraft Maintenance avionics or instrument maintenance. Aircraft rental or flight training Aircraft charter or Aircraft monagement, Aircraft sales, and other Commercial Aeronautical Activities Standard Operating Procedures (or "SOP"), Written instructions which describe procedures designed to work toward maintaining an environment Sublease. An agreement entered into by an entity with an Operator or Lessee that transfers rights or interests in the Operator's or Lessee's Leased Premises and is enforceable by law. Sublessee. An entity that has entered into a sublease with an Operator or Lessee who is authorized to engage in Commercial Aeronautical Activities at the Airport Storm Water Pollution Prevention Plan (or "SWPPP"). The Storm Water Pollution Prevention Plan for the Airport, as may be amended from time to time Taxilane, The portion of the Aircraft parking area used for access between Taxiways and Aprons and not under ATC control. Slruek thrangh passages are deleted. 10 Underlined passages are added. Taxiway A defined path usually paved over which Aircraft can taxi from one part of an airport to another (excluding the runway) and may be under ATC control. Tiedown An area Paved or unpaved suitable for parking and mooring of Aircraft wherein suitable Tiedown points and equipment (to facilitate Aircraft tiedown) are located. Touch and 6a The act of landing an Aircraft on a runway and immediately taking off in the same direction on that runway instead of landing and coming to a full stop on the runway before proceeding on a Taxiway to a parking location or to another runway. Transient Parking The parking of Aircraft not normally based at the Airport in an area specifically set aside by the FBO for this purpose. TSA Transportation Security Administration. Turbojet Aircraft An Aircraft that utilizes one or more jet engines that have a turbine driven compressor and develop thrust from the exhaust of hot gases. Turbg4rop Aircraft An Aircraft that utilizes a gas turbine engine to drive a set of reduction gears which in turn drives a propeller for propulsion. UltroliAht Vehicle Any contrivance used or intended to be used for manned operation in the air by a single occupant,• does not have any U.S. or foreign airworthiness certificate; and if unpowered weighs less than 15 pounds• or if powered weighs less than 254 pounds empty excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation' has a Fuel capacity not exceeding 5 U.5. gallons; is not capable of more than 55 knots calibrated airspeed at full power in level flight; and has a power -off stall speed which does not exceed 24 knots calibrated airspeed. Vehicle Any device that is capable of moving itself or being moved from place to place upon wheels; but does not include any device designed to be moved by human muscular power or designed to move primarily through the air. Vehicle Operator. Any person who is in actual physical control of a Vehicle. Vehicle Permit A permanent sticker affixed to the rear bumper of a Vehicle authorizing access to the Movement Areas of the Airport. PART B. AMENDMENT OF ARTICLE II (REGULATION OF VEHICULAR TRAFFIC AND PARKING) OF CHAPTER 1-2.3 (AIRPORTS AND AIRCRAFT) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. G#rtiek #hreugk passages are deleted. 11 Underlined passages are added. Article II (Regulation of Vehicular Traffic and Parking) of Chapter 1-2.3 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: 21111M., M F.31IFTNINITTAI F --- PRIMARY GUIDING DOCUMENTS low N�Y��7�I�YIIMi9 i it li ii- M-0 iiN1YtiY _ Wil�l�\�l'1�1�1�'l�f�a:fa: aim 3*reek +hreegh passages are deleted. 12 Underlined passages are added, f� eme gency. This subsection shall me&"iapply to such octMties performed by rental car cornpanies outherii-ed by the authority to operate at the akport-. Displayumq advertising. (4) . Storage or as junkage or deod-5toraqv- No person she" em9age a! cetivity ett the airport, other then permitted by the authority. Section 1 2.3 21. Motor vehicle and operefti licenses generally. No motor YeHucle shall be operated upon the 6rperf un fiThe operator ther of is duly Heensed to operate such vehicle on state, countr, or mumi6pal Highways, emd f2-i Such vehicle as registered im accordance with the provisiems of the law of the -- roadway,FMI (a) No person she" operate any moter vehicie excess of twemty f iye (25) mHes per house upon ctny tower,moter vehvele traff ie at the airport, except as otherwise posted or directed ugh passages are deleted. 14 Underlined passages are added. • :: vehocies durilily L Ours he control tower closed* 64miek #19rem9h passages are deleted. 15 Underlined passages are added. ------ . . . . Neagh passages are deleted. 17 Underlined passages are added. . ow--n M Motor YeHiele lights. Mi Stmielt #hrengh passages are deleted. 18 Underlined passages are added. b , passages are deleted. 19 Underlined Passages are added. Section 1-2.3-17. Definitions. Definitions identified and defined in Section 1-2 3-1 (Definitions) whenever used in the Primary Guiding Documents shall be construed as defined therein unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly ascribed to the use of such words or phrases All defined words shall be capitalized throughout the Primary Guiding Documents Section 1-2.3-18. Governing Body The 5t. Lucie County International Airport (Airport) is owned and operated by St Lucie County (County) and governed by and through the St Lucie County Board of County Commissioners (BOCC). The authority to grant the occupancy and use or development of Airport land or Improvements, the right to engage in any Commercial activity or Aeronautical Activity at the Airport and to approve adopt amend or supplement any Agreement policy, or practice relating thereto, including the Primary Guiding Documents is expressly reserved to the BOCC. Section 1-2.3-19. Statement of Policy. La) It is the intent of the County to: (1) plan manage operate finance and develop the Airport to ensure its long-term financial health and protect and promote the health safety, security, and general welfare of the public consistent with all applicable Regulatory Measures and (2) encourage the development and operation of General Aviation businesses and the provision of quality aviation products services and facilities to the public at the Air ort. As set forth by the Federal Aviation Administration (FAA), by way of its Airport Assurances, any airport developed with federal grant assistance is required to operate for the use and benefit of the public and shall be made available to all types kinds and classes of Aeronautical Activity on fair and reasonable terms and without unjust discrimination, S#wek#hrarxgh passages are deleted. 20 Underlined passages are added. n 1-2.3-20. Airport Management. (aa) The Airport Director is responsible for the operation. management, maintenance and security of the Airport and all County owned and operated Airport land Improvements facilities Vehicles. and equipment. (b) The County has authorized and directed the Airport Director to; U Interpret administer, and enforce Agreements and the Primary Guiding Documents and to permit where appropriate temporary short-term occupancy or use of certain Airport land or Improvements; and Obtain and receive copies of all licenses permits certifications, ratings Certificates of Insurance and other documents required to be provided to or filed with the County under the Primary Guiding Documents. All official inquiries to the County regarding the Primary Guiding Documents and/or compliance therewith should be directed to the Airport Director. Section 1-2.3-21. Authority to Adopt. The Primary Guiding Documents are promulgated under the authority granted by Chapter 332 Florida Statutes and Section 332.08 (2)(a) of the Florida Statutes, which authorizes the County to "adopt and amend all needful rules regulations and ordinances. Section 1-2.3-22. Compliance with Requlatory Measures and Agreements. (a) All entities occupying or using engaging in an Aeronautical Activity on, or developing Airport land or Improvements shall comply, at the entity's expense. with all applicable Regulatory Measures including without limitation, those of the federal state and local government and any other Agency having jurisdiction over the Airport the businesses operating at the Airport, and the activities occurring at the Airport including the Department of Transportation (DOT) the FAA the state of Florida the County and the Primary Guiding Documents; all as mgy be in effect and amended from time to time. Compliance with the Primary Guiding Documents shall not excuse any entity from full and complete compliance with any responsibility or obligation the entity may have to the Count under any existing Agreement. Section 1-2.3-23. Conflicting Regulatory Measures and Agreements. 6*P-tielt through passages are deleted. 21 Underlined passages are added. (a) If a provision of the Primary Guiding Documents is found to be in conflict with any other provision of the Primary Guiding Documents a provision of any Regulatory Measure, or a provision of an existing Agreement (if provided for in the Agreement) or future Agreement, the provision that establishes the higher or stricter standard shall prevail (b) It is not the intent of the Primary Guiding Documents to repeal abrogate annul, or in any way impair or interfere with any existing provision of any Regulatory Measure except those specifically repealed by the Primary Guiding Documents. Section 1-2.3-24. Repeal of Regulatory Measures. All Airport related leasing policies rates and charges policies minimum standards rules and regulations and development guidelines previously enacted by the County and any other County ordinance or resolution in conflict with the Primary Guiding Documents are hereby repealed to the extent of the conflict Section 1-2.3-25. Right to Self -Service. The Primary Guiding Documents will not exercise or grant any right or privilege which operates to prevent any entity operating Aircraft on the Airport from performing any services on its own Aircraft with its own Employees (including but not limited to maintenance, repair, and fueling) that it may choose to perform La) However, individual Operators may restrict the use of their exclusive Leased Premises and each Aircraft Operator must adhere to all applicable Regulatory Measures in the performance of any services on its own Aircraft Lb) Further, any entity performing services on its own Aircraft must do so in compliance with all applicable Regulatory Measures including the Primary Guiding Documents. Section 1-2.3-26. Prohibited Activities. Through -the -fence Operators (entities that have the right to direct access to an airport's runway and Taxiway system from private property located contiguous to the airport) are prohibited at the Airport. Section 1-2.3-27. Fines. La) Entities shall have the responsibility to pay any fine or penalty levied against entity, the Airport, the County, and/or the BOCC, individually or collectively, and their representatives officers officials employees agents and volunteers 5#rnekthreegh passages are deleted. 22 Underlined passages are added. as a result of entity's failure to comply with any applicable Regulatory Measure. (b) If the fine or penalty is contestable (and contested by the entity). entity shall p y the fine or penalty when upheld by the Agency having jurisdiction. Section 1-2.3-28. Subordination. The Primary Guiding Documents are subject and subordinate to the provisions of any existing or future agreements between the County and the state of Florida or the United States pertaining to the operation management planning and development of the Airport and are specificallysubordinatedto and to be construed as in accordance with, the Airport Assurances. Section 1-2 3-29 Notices Requests for Approval Applications and Other Filings. Any notice request for approval application or other filing required or permitted to be given or filed with the Count and any notice or communication required or permitted to be given or filed with any Lessee Sublessee Operator, or Applicant pursuant to the Primary Guiding Documents shall be in writing signed by the party giving such notice and shall be sent by overnight courier, United States certified mail facsimile (confirmed by dated return signature) email (confirmed by return email) or in person (confirmed with dated and signed receipt) and shall be deemed to have been given when delivered to the County, Lessee, Sublessee Operator, or Applicant at their principal place of business or such other address as may have been provided to the County. Section 1-2.3-30. Amendments (a) The Primary Guiding Documents may be supplemented amended, or modified by the BOCC from time to time and in such a manner and to such extent as is deemed appropriate by the BOCC. (b) The BOCC may issue special rules regulations notices memoranda, directives, covenants restrictions or conditions from time to time as is deemed appropriate or necessary, consistent with the provisions of County Code and the Primary Guiding Documents. Lc) The County shall provide for public notification of pending amendments to the Primary_ Guiding Documents in order to provide the opportunity for public comment and input by Operators Lessees Sublessees consumers, users, and the community. ugh passages are deleted. 23 Underlined Passages are added Section 1-2.3-31. Variance or Exemption. La-) The County has the right. but is not obligated to approve variances or exemptions to the Primary Guiding Documents when a specific clause section or provision of the Primary Guiding Documents may not be justified in a particular case because of special conditions or unique circumstances (b) Prior to approving or denying variances or exemptions the Airport Director shall conduct a reasonable and not unjustly discriminatory review of all relevant information to include those items described in Section 1 17 5 of these General Provisions as well as any other information requested by the Airport Director (c Approval or denial of a variance or exemption shall be reasonable and consistent with prior decisions involving similar situations at the Airport (if any) which are active on the date the County receives the request for the variance or exemption and shall be provided in writing within ninety (90) dgys from the receipt of the written request. L) If approved. the variance or exemption shall only apply to the special conditions or unique circumstances of the particular case for which the variance or exemption is granted. (e) An approval of a variance or exemption shall not serve to amend modify, or alter the Primary Guiding Documents. LD Requests for variance or exemption can also be denied in accordance with Section 1.2.3-31(j) of these General Provisions (g.) When a specific product, service, or facility is not currently being provided at the Airport, the County may enter into an Agreement with an FBO or SASO with terms and conditions that may be less than those outlined in the Primary Guiding Documents (e.g., reduced rents, lower minimum standards etc) only for a limited period of time (i.e., pioneering period). The duration of the pioneering period shall be specified in the Agreement. u Requests for variance or exemption shall be submitted in writing to the Airport Director and must state definitively the Primary Guiding Document and the exact clause(s), section(s). or provision(s) for which the variance or exemption is being sought, describe the proposed variance or exemption state the reason or rationale for the proposed variance or exemption identify potential and/or anticipated impacts on the Airport, other entities (including Operators and Lessees) at the Airport, and the community, and identify the duration of the proposed variance or exemption. Struele Arougk passages are deleted. 24 Underlined passages are added. ji Each variance or exemption shall be requested for and approved or denied separately. Section 1-2.3-33. Grounds for denial. The County mgy reject any proposal (including_ requests for variances or exemptions) or any application for any one or more of the following reasons: 1 The Applicant for any reason does not fully meet the qualifications. standards and requirements established by the County. The burden of proof shall be on the Applicant and the standard of proof shall be by clear and convincing evidence. 2. The Applicant's proposed Activities and/or Improvements will create a safety hazard at or on the Airport. 3. The County would be required to expend funds and/or supply labor and/or materials in connection with the proposed Activities and/or Improvements that the County is unwilling and/or unable to spend and/or will result in a financial loss or hardship to the County or the Airport. 4. No appropriate adequate or available land and/or Improvement exists at the Airport to accommodate the proposed Activity (at the time the proposal or application are submitted) nor is such availability contemplated within a reasonable time frame. 5. The proposed Activities and/or Improvements do not comply with the Master Plan of the Airport or the ALP then in effect or anticipated to be in effect within the time frame proposed by the Applicant. 6. The development or use of the land requested by the Applicant will result in a congestion of Aircraft and/or the Improvements will in the sole discretion of the County, unduly interfere with Activities of any existing Operator on the Airport and/or prevent adequate access to the Leased Premises of any existing Operator. 7. The Applicant has intentionally or unintentionally misrepresented or omitted material fact in the proposal on the application and/or in supporting documentation. 8. The Applicant has failed to make full disclosure in the proposal, on the application and/or in supporting documentation. 9. The Applicant or an officer, director agent representative, shareholder, or employee of the Applicant has a record of violating the Regulatory Measures S#ruek-khrengh passages are deleted. 25 Underlined passages are added. of the County (or any other airport sponsor) the FAA or any other Regulator Measure applicable to the Airport and/or the proposed Activity. 10. The Applicant or an officer, director, agent representative shareholder or employee of the Applicant has defaulted in the performance of any Agreement or Sublease at the Airport or at any other airport 11. The Applicant does not exhibit adequate financial responsibility or capability to undertake the proposed Activity. 12. The Applicant cannot provide a performance bond or applicable insurance in the type and amounts required by the County for the proposed Activity. 13. The Applicant or an officer or director has been convicted of a felony. 14. The Applicant's proposed Activity has been or could be detrimental to the Air ort. 15. The Applicant seeks terms and conditions which are inconsistent with County's policies or any request for proposal (or any other invitation for proposals) issued by the County. 16. The Applicant's interests and/or the proposed Activity or use is inconsistent with the Airport's mission (purpose), vision, values, goals, or objectives' the best interest of the County; or, any grant assurances. Section 1-2.3-33. Enforcement. (a) The County shall be responsible for enforcement of the Primary Guidin Documents. (b) The Airport Director is empowered to require compliance with and enforce the Primary Guiding Documents. (cc) Any entity who violates, disobeys, omits, neglects, or refuses to comply with the Primary Guiding Documents or any lawful order issued pursuant thereto may be cited, removed from the Airport, denied the use of the Airport, and/or prevented from engaging in Activities at the Airport and shall be subject to all legal, equitable, statutory, and common law rights and remedies available to the County including, but not limited to. actions for declaratory relief, injunctive relief. specific performance. and damages. fd) Any entity failing to comply or knowingly and/or willfully violating with the Primary Guiding Documents shall be guilty of a violation of law in accordance with Part 1, Chapter 1-1, Section 1-1-8 of the 5t. Lucie County Code. Le) In the event an entity fails to comply with the Primary Guiding Documents. the Airport Director shall send a written statement of violation to such entity at Straelt through passages are deleted. 26 Underlined Passages are added. its last known address The entity shall have 10 days within which to provide a statement to the County explaining why the violation occurred and to advise the Airport Director that the violation has been corrected. The Airport Director has the right to revoke the entity's privileges at the Airport or may suspend the operations for such period of time as deemed necessary in order to obtain a correction of the violation In addition any such violations shall be considered in renewing the entity's application The entity shall pay for any costs incurred by the Airport including but not limited to attorney fees, under this paragraph. Any person denied use of the Airport due to a violation of the Primary Guiding Documents mayonly use the Airport for the purpose of enplaningor deplaning (as a passenger) Aircraft using the Airport. Lq) Unless otherwisespecified in the Primary Guiding Documents parties aggrieved bya decision of the Airport Director related to the Primary Guiding Documents mpy appeal (in writing) such decision to the BOCC within 10 days after such decision is issued. The decision of the BOCC on such appeal shall be final. Section 1-2.3-34. Rights Reserved. (a) In addition to the following rights and privileges the County reserves the rights and privilpes outlined under federal and/or state Airport Assurances as such rights and privileges may be amended from time to time. u The County_ reserves and retains the right for the use of the Airport by others who may desire to use the same pursuant to applicable Regulatory Measures pertaining to such use. The County further reserves the right to designate specific Airport areas for Activities in accordance with the currently adopted Airport Layout Plan (ALP) as may be amended from time to time. Such designation shall give consideration to the nature and extent of current and/or future Activities and the land and/or Improvements that may be available and/or used for specific Activities and shall be consistent with the safe orderly, and efficient use of the Airport. j3) The ALP reflects an agreement with the FAA regarding the proposed allocation of Airport land and/or Improvements to specific uses and/or development It is the policy of the County that any use, occupancy. construction or modification of land and/or Improvements that is inconsistent with the ALP is undesirable. Any development that is substantially_ different than that depicted on the ALP could adversely affect the safe orderly or efficient use of the Airport. While the County may consider making application to the FAA for approval of the Str�ielt throtigh passages are deleted. 27 Underlined passages are added. revision of the ALP on behalf of an Applicant nothing contained in these Primary Guiding Documents shall require or obligate the County to make such application. The County reserves the right to develop and make any improvements and/or repairs at (or to) the Airport that it deems necessary. Except in the event of emergency improvement and/or repairs the County will provide advance notice of the date and time that such development improvements, and/or repairs will be made The County shall not be obligated to reimburse or compensate any Operator. Sublessee or other entity for any expense incurred or loss of revenue (or inconvenience) that may result from such development improvement and/or repair. u The County reserves the right to prohibit any entity from using the Airport or engaging in Activities at the Airport (and/or revoke or suspend any privileges granted to any entity) upon determination by the County that such Operator has not complied with the Primary Guiding Documents, applicable Regulatory Measures. directives issued by the County, or has otherwise jeopardized the safety of entities utilizing the Airport or the land and/or Improvements located at the Airport The County reserves the right to lease the Airport or portions thereof during war or national emergency to the United States government for military use. If such lease is executed, the provisions of such lease including, without limitation. the County's obligations and the Operator's obligations, to the extent they are inconsistent with said lease shall be suspended. The County will not enter into an Agreement that will require the County to relinquish the right to take any action the County considers necessary to protect the aerial approaches of the Airport against obstruction or to prevent an entity from erecting or permitting to be erected any facilityor other structure which might limit the usefulness of the Airport or constitute a hazard to Aircraft. (8) The County will not enter into an Agreement that requires the County to waive any sovereign, governmental, or other immunity to which the County may be entitled nor shall any provision of any Agreement be so construed or that would require the County to submit to the laws of any state other than those of the state of Florida. The County is under no obligation to provide financing and/or make any improvements to Airport land and/or Improvements to facilitate any development proposed by an Applicant. 10 While the County may choose to pursue federal. state or other available funds to contribute to the development the County is under Strtiek flhreagh passages are deleted. 28 Underlined passages are added. no obligation to do so In addition the County is under no obligation to provide matching funds if required to secure such funding. 11 The County reserves the right to take such actions as it may deem necessary, appropriate and/or in the best interest of the County to preserve the assets of the County, protect the safety of the people who work at and use the Airport and maintain the integrity of the County's mission (purpose) vision, and values. PART C. CREATION OF ARTICLE III (AIRPORT RULES AND REGULATIONS) OF CHAPTER 1-2.3 (AIRPORTS AND AIRCRAFT) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Article III (Regulation of Vehicular Traffic and Parking) of Chapter 1-2.3 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: ARTICLE III AIRPORT RULES AND REGULATIONS Section 1-2 3-35. Purpose and scope. The purpose of these Rules and Regulations is to protect the public health safety. interest and general welfare of the Operators Lessees Sublessees consumers, and users of St Lucie County International Airport (Airport) and to restrict or prevent any activity or action which would interfere with the safe orders and efficient use of the Airport by its Operators Lessees Sublessees consumers, and users. Section 1-2.3-36. Applicability and Conditional Use of Airport. (a) Any permission granted directly or indirectly, expressly or by implication, to any entity to enter upon or use the Airport (including Aircraft and Vehicle Operators; Aircraft crewmembers and passengers; spectators and sightseers; occupants of Vehicles; officers employees and customers of Operators and Lessees; entities doing business with the County, its contractors, subcontractors and licensees; and all other entities whatsoever) is conditioned u on: Assumption of responsibility by entity exercising or taking advantage of permission: Full and complete compliance with these Rules and Regulations, Primary Guiding Documents and applicable Regulatory Measures; u Each such entity shall at all times release hold harmless, and indemnify the BOCC Airport and County (individually and collectively). Struck through passages are deleted. 29 Underlined passages are added. representatives. officers officials employees agents and volunteers from any and all responsibility liability, loss or damage that may result to any entity. be caused by or on their behalf and/or incident to the manner in which the Airport is operated constructed maintained served or used u The General Provisions are hereby incorporated as part of these Rules and Regulations as though fully set forth herein (c Responsible Party_ (1) Any person accessing or using the Airport shall be responsible for their actions and all actions of any person to whom they provide or facilitate access, whether directly or indirectly, Any and all Property on the Airport destroyed or damaged shall be paid for by the entity or entities responsible for such destruction or damage thereto. j31 Any person who causes injury to any person on the Airport shall be liable for such injuries. Section 1-2.3-37. Airport Identification Badge U Operators, Lessees. Sublessees, and contractors (includinq all employees) at or performing work inside the AOA require an Airport Identification Badge (Badge). A Badge shall not be issued to any person until a need for unescorted access inside the AOA has been determined by the Airport Director and then only after an Application for Airport Identification Badge Applicant Identification Badge Conditions of Agreement Form. and Applicant Disqualifying Crimes Form has been completed and submitted for review and approval to the Airport Director. u It is the responsibility of Operators. Lessees. Sublessees. and contractors to notify the Airport Director of persons who do not need access and/or are no longer employees or affiliated with the Operator. Lessee Sublessees or contractor within 48 hours of the individual's separation from the entit)L If the Badge is not returned within 10 days, the Operator. Lessee Sublessee or contractor is subject to a $50.00 fine. Le) Airport Identification Badges are not transferable. Section 1-2.3-38. Violations. (a) Each person who is issued a Badge shall comply with all Rules and Regulations Failure to comply may result in the loss of access privileges No person to whom a Badge has been issued shall intentionally perform any of 6*paek #hreagh passages are deleted. 30 Underlined passages are added. the following non -inclusive acts: Loaning of Badge to anyone under any circumstance Allowing unauthorized persons or Vehicles into the AOA Blocking damaging or leaving doors or gates open that could be an AOA access route for unauthorized persons u Bypassing the security system f5) Altering a Badge Failure to provide proper escort Failure to report lost or stolen Badge M Driving on unauthorized areas of the AOA Lc) Any violation of a severe nature as determined by the Airport Director (i.e., a violation resulting in Property damages and/or bodily injury or any runway or Taxiway incursion) may warrant immediate suspension of Badge privileges. Upon request the option of a hearing or a meeting with the Airport Director will be scheduled before any punitive action is taken. Section 1-2.3-39. Damaged, Lost Stolen. or Missing Badge. Each Badge holder and/or entity employing the Badge holder shall notify their supervisor and in writing the Airport Director immediately upon becoming aware of a damaged lost stolen or missing Badge. Section 1-2.3-40. Securi La) Airport Operations Area (AOA) u No person shall enter the AOA except those persons authorized by the Airport Director including those: A. Having a Badge issued by the Airport Director or B. Under appropriate escort. jb1 All persons shall display their Bodge on the outermost garment, waist high or higher on the front of the body, at all times while inside the AOA. Lc) Any person who is not authorized to be in the AOA or whose status is questionable shall leave the area by the nearest established exit point when asked to do so by any other person who is authorized to be in the area. Any person inside the AOA shall produce a Badge when asked to do so by any other person properly displaying a Badge law enforcement credentials, or appropriate FAA or TSA credentials. Le) Any person that has been issued a Badge but does not have it in possession must be escorted into the AOA That person must get possession of their Badge or apply for a replacement Badge. All persons with a Badge should request a Badge or authorized identification Streek through passages are deleted. 31 Underlined passages are added. from any unescorted person not displaying a Badge or authorized identification unless the person with a Badge feels the other preson may cause him harm In such event. the Airport Director or 911 should be contacted �g) All persons escorted in the AOA shall be under the control of a person in possession of a Badge at all times Whenever the escort official departs the area, the person under escort must be placed under the control and responsibility of another escort official or depart the AOA With the intent of preventing unauthorized use of Badges all persons issued a Badge shall store their Badge in a secure place and under their control at all times. a1 Airport Entrances (Security Gates and Doors): 1. All persons entering the Airport shall use only authorized entrances 2. Security gates and doors that provide access to the AOA shall be kept closed and locked at all times except when actually in use 3. It shall be the responsibility of all Operators Lessees and Sublessees to see that all gate chains and doors and other public safeguards are continually and conscientiously used in a manner so as to protect all persons. 4. Authorized persons may not share combination codes or access information. 5. When an authorized person accesses a door or gate leading to or from the AOA, it is the person's responsibility to ensure that unauthorized persons cannot gain access to the AOA 6. Vehicle Operators utilizing a security gate to access the AOA shall stop the Vehicle and allow the gate to fully close before proceeding The Vehicle Operator shall also ensure that no other Vehicles or persons gain access to the Airport while the gate is in the process of closing or not fully closed. 7. Tampering or interfering with a closing mechanism disabling the lock or breaching any other securing device at the Airport is prohibited {j) If unauthorized access occurs by persons or Vehicles, it must be immediately reported to the Sheriff's Department (911) and the Airport Director. U.S. Customs and Border Protection (CBP) Facility 1. Only individuals approved by the CBP may enter the CBP Facility or CBP Apron. 2. BP Apron access is only for authorized personnel who need to work at the CBP Facility. 3. CBP Apron is not to be used for access to and from one side of the Airport to another. 4. The yellow and black markings located at the edge of the CBP Apron provides that on one side of the line is the CBP Apron and on the other Streek#hrengh passages are deleted. 32 Underlined passages are added. side of the markings is Taxiway C. Section 1-2.3-41. Commercial Aeronautical Activities. u Entities desirous of engaging in Commercial Aeronautical Activities at the Airport must receive prior Permission. u Entities engaged in Commercial Aeronautical Activities at the Airport shall pay all appIicob le rents and fees. (c) Entities basing or otherwise maintaining an Aircraft at the Airport shall not permit said Aircraft to be used for a Commercial Aeronautical Activity unless such Activity is expressly authorized by Agreement with the County. (� Notwithstanding the foregoing such Aircraft may be used by the Aircraft Owner for the purpose of Flight Training or otherwise maintaining or increasing the flying proficiency of the Aircraft Owner or members of that person's immediate family. Section 1-2.3-42. Tenant Responsibilities. Lessees shall maintain an up-to-date file containing the name address and telephone number of all Based Aircraft owners of Lessees and Sublessees This information shall be submitted to the Airport Director and updated on a quarterly basis. Section 1-2.3-43. Accidents or Incidents. La) Any person involved in or witnessing an Aircraft or Vehicle Accident on the Airport resulting in any injury (or death) to person or damage to Property shall remain at the scene and notify the Sheriff's Department immediately and provide all pertinent information as requested. No person shall tamper with an incident/Accident scene or fail to comply with anydirectiveissued by the Airport Director. the Sheriff's Department. the Fire Department or any other Agency having jurisdiction over the incident/Accident scene. (c) Unauthorized entry into Movement Areas to access an incident/Accident scene is prohibited. Section 1-2.3-44, General Conduct (a) No person shall make possess use offer for sale pass and/or deliver any forged or falsely altered pass permit identification card sign and/or other authorization purporting to be issued by or on behalf of the County or Airport. No person shall use or otherwise conduct them self upon any portion of the Strnekiireegh passages are deleted. 33 Underlined passages are added Airport in any manner contrary to the posted or otherwise visually indicated directions applicable to that area (c Destroying, damaging injuring defacing disturbing or tampering with Property on the Airport is prohibited (d) Smoking or carrying lighted cigars cigarettes or pipes in any indoor public use area of the Airport except in areas specifically designated by the Airport Director and posted as public smoking areas is prohibited ,(e� No person shall be intoxicated; commit any disorderly obscene lewd indecent or unlawful act; or commit any act of nuisance (including the use of abusive or threatening language) on the Airport Loitering or loafing on the Public Areas of the Airport is prohibited (g1 The Airport shall not be used for storing merchandise supplies or equipment (except as stipulated within an Agreement) or for washing clothes overnight camping or lodging, or for any improper, objectionable or immoral purposes Lh1 Operator and Lessee facilities are expressly for the conduct of the Operator's or Lessee's business and operations No person other than employees and customers of the Operator or Lessee shall make use of such facilities or loiter or loaf on such premises without written permission of the Operator or Lessee Section 1-2.3-45, Abandoned. Derelict. or Lost Property (a) Property shall not be Abandoned on the Airport (b� Abandoned. Derelict, or lost Property found in Public Areas at the Airport including. without limitation, equipment machinery, baggage freight or parts thereof should be reported (and/or turned in) to the Airport Director. Lc) Nothing in this section shall be construed to deny the right of Operators and Lessees to maintain" lost and found" service for Property of their customers invitees, and/or employees. Section 1-2.3-46. Animals. (aa) Domestic pets and animals except for special assistance or law enforcement dogs, are not permitted on the Airport unless controlled and restrained by a leash or container. All persons shall use utmost care to prevent any animal under their care to control or prevent from urinating or defecating upon the sidewalks of the Airport or in other public buildings. Person(s) responsible for the animal will immediately and thoroughly clean any soiled area (c) Horses, except those utilized for law enforcement or intended to be transported, are not permitted on the Airport (4) No person, except those authorized by the Airport Director, shall intentionally Struck through passages are deleted. 34 Underlined passages are added. hunt.pursue try catch injure or kill any bird or animal (except rodents) on the Airport. Le) No person except those authorized by the Airport Director, shall feed non - domestic birds or animals on the Airport. Section 1-2.3-47. Use of Public Areas. Use of the Public Area of any facility or area of the Airport for sleeping or other purpose in lieu of a hotel motel or other public accommodation is prohibited. Section 1-2.3-48. Storage of Materials and Equipment. Ll Storage stackingboxing or bagging of materials (or equipment) shall be done in such a manner as to preclude creating any hazard obstructing any operation, or littering. u Railroad (box or tanker) cars intermodal containers or tanker, truck, or flatbed trailers etc shall not be stored or used to store any type of non - aviation materials Vehicles or equipment without prior Permission. Lc) Railroad (box or tanker) cars intermodal containers or tanker, truck, or flatbed trailers etc used to store non -aviation materials. Vehicles. or equipment must not be unsightly or create a hazard Upon the written request of the Airport Director, these items must be removed from the Airport. (d) Trash and Other Waste Containers 1. Garbage empty boxes crates rubbish trash papers refuse and/or litter of any kind shall not be placed discharged or deposited on the Airport except in the receptacles provided specifically for that purpose. 2. The burning of garbage empty boxes crates rubbish trash, papers, refuse and/or litter of any kind on the Airport is prohibited. 3. Such areas shall be kept clean and sanitary at all times. 4, Garbage receptacles shall be emptied with sufficient frequency to prevent overflowing and shall be cleaned with sufficient frequency to prevent the development of offensive odors. 5. Garbage receptacles shall be equipped with securely fastened lids. ! . Dumping_ or disposing of any fill building material or other waste material on the Airport except in such areas that are specifically designated by the Airport Director for such purpose is prohibited Section 1-2.3-49. Burning of materials. La) Entities engaged in anyactivity at the Airport whether occupying Airport Strugig h passages are deleted. 35 Underlined passages are added. owned facilities or otherwise shall comply with all practices recommended by the NFPA. Entities shall comply with all directives issued by the Airport Director regarding the removal of fire hazards arrongement or modification of Vehicles or equipment. or altering operating procedures considered unsafe from a fire prevention standpoint. U Smoking, matches, lighters or any open flames are prohibited on the Apron in hangars, or in any other area on the Airport in violation of posted "no smoking" signs and in no case within 50 feet of any Aircraft refueling Vehicle Fuel storage facility, storage area for flammable materials or any Aircraft being fueled or defueled. u Any hostile fires (regardless of the size of the fire or whether or not the fire has been extinguished) shall be reported immediately to the Fire bepartment via "911" . (e) No entity shall remove or cause to be removed from its holder container, reel or bracket any equipment or device used in fire prevention except in case of emergency or fire. Ln All fire doors. hangar doors. sprinkler risers fire boxes fire hydrants and pits, hose boxes, and all fire fighting apparatus shall be kept clear of obstructions at all times. Section 1-2.3-50. Hazardous Materials. No entity shall store, keep handle use dispense dispose discharge or transport on the Airport any Hazardous Materials in contravention of any these Rules and Regulations the 5WPPP. the Uniform Fire Code and all other applicable Regulatory Measures Proper permits must be obtained from the appropriate Agency, and copies must be presented to the Airport Director on request. Section 1-2.3-51. Painting. Doping processes, painting, or paint stripping shall be performed only in those designated and properly designed, fireproofed. and ventilated facilities approved for such activities and in compliance these Rules and Regulations the 5WPPP the Uniform Fire Code and all other applicable Regulatory Measures. Section 1-2.3-52. Flammable solids and liquids. (a) The procedures and precautions outlined in the criteria of NFPA Pamphlet No 30 (Flammable and Combustible Liquids Code) NFPA Pamphlet No 4100 (Safeguarding Aircraft Cleaning Painting and Paint Removal) and NFPA Struelt through passages are deleted. 36 Underlined passages are added. )amphlet No 41OF (Aircraft Cabin Cleaning and Refurbishing Operations) shall :)e adhered to in all cleaningpaintingrefurbishing and other operations using Flammable liquids including the storage of such liquids. A total of 60 gallons of lubricating oils having a flash point at or above 150 degrees mad be stored in hangars provided that the product is stored in the Driginal container and has the original manufacturer's labeling (or that the product is stored in other suitable containers approved by the Fire Department) Larger quantities may be stored in accordance with applicable Regulatory Measures and notification to the Airport Director and Fire Department. T hangars shall not contain oil quantities in excess of two cases or two times the oil storage capacity of the engine of the Aircraft whichever is greater, stored therein. 3-53. Compressed Gases. (a) Oxygen or any compressed gas in a cylinder or portable tank must be secured to a fixed location or secured to a portable cart designed and approved specifically for the cylinder(s) or tank(s) being secured. Cylinders or tanks shall be maintained in compliance with all applicable Regulatory Measures. Section 1-2.3-54. Effluents pollutant or air contaminant. (a) No person shall discharge any substance in or upon the Airport in contravention of any Regulator Measure Proper permits must be obtained from the appropriate Agency, copies must be presented to the Airport Director. and prior Permission must be received for such discharge. Lb) Any person who experiences overflowing spilling or leaking of oil grease Fuel and/or similar material or substance anywhere on the Airport is responsible for the immediate cleanup of the spill groper disposal of the substance, and notification of appropriate Agency, all in accordance with the SWPPP. Operator's SPCC plan and applicable Regulatory Measures The Airport Director should be notified when any reportable spill occurs. Lc) Should the County determine that during the course of an environmental incident the responsible party is not capable of has not or refuses to take the appropriate action in a timely manner to mitigate the adverse environmental incident (in the sole discretion of the County), then the County reserves the right to take action and/or employ those services that the County determines appropriate to control and/or clean up the site The cost of such services shall be borne by the responsible party. Sfruek r oug passages are deleted. 37 Underlined passages are added. Section 1-2.3-55. Hazardous Materials Spills In the event a Hazardous Materials spill occurs of any magnitude the responsible party of such spill shall take appropriate action in the containment clean up reporting and rehabilitation of such spill The following procedures shall be implemented in managing a Hazardous Materials spill: .(aa) Minor Spills - Spills of less than 5 gallons and that are not compromising the safety of the public. Determine the threat to the immediate public (2) Contain the spill with an absorbent. Block all stormwater drains that could be impacted by such a spill u Apply the proper absorbent from strategically placed spill kits All liquids and or absorbents shall be disposed of or reused per applicable Regulatory Measures. L5) Make record of the spill at the facility. u Contact the Florida Department of Environmental Protection should the spill impact the ground waters and or the surface waters no matter how small the quantity. Major Spills - Spills in excess of 5 gallons but less than 25 gallons or any spill causing an immediate threat to the safety of the public (1) Determine the threat to the immediate public. (2) Block all stormwater drains from potential contamination Contain the spill with an absorbent. Contact the Fire Department. Determine the nature of the spill (6) Apply absorbents to the spill until all residual liquid has been processed All liquids and absorbent shall be disposed of properly per applicable Regulatory Measures. M Assess the damage to the land and/or water with Airport personnel (5) Contact the Florida Department of Environmental Protection should the spill impact the ground waters and or the surface waters no matter how small the quantity. (9) Record all aspects of the spill in company files. 1O A written detailed report containing all pertinent information of such spill shall be completed by the responsible party and delivered to the Airport Director within five working days. Lc) Serious Spills - Spills in excess of 25 gallons and which may dose a serious threat to the safety of the public. Evaluate the threat to the public and make any arrangements to secure the safety of the immediate public (i.e.. evacuation)- (2) Contain the spill should safety permit. Struek through passages are deleted. 38 Underlined passages are added. (3) Block all drains that pose an immediate threat from the spill. Apply absorbents to such a spill until all residual liquid is processed. All liquids and absorbent shall be disposed of properly per applicable Regulatory Measures. Contact the Fire Department immediately. Airport personnel shall assess the damage to the land and/or the waters. Airport personnel shall inspect the drainage outfall for downstream contamination. Record all aspects of the spill in company records. Contact the Florida Department of Environmental Protection immediately. 10 Provide a written summary of the spill and the measures that will be taken to eliminate such a spill in the future to the Airport Director within 24 hours. Section 1-2.3-56. Emergency conditions. (a) The Airport Director either directly or through ATC may suspend or restrict any all activities at the Airport or issue emergency procedures wherever such action is deemed necessary in the interest of safety. U Emergency conditions at the Airport shall not mitigate or cancel these Rules and Regulations. u Permits issued under these Rules and Regulations shall be rendered invalid until the emergence situation has been alleviated and normal operations have resumed. During such conditions the Operator of any Aircraft or Vehicle shall make certain that the Aircraft or Vehicle is not moved in any direction unless specifically cleared by ATC National Transportation Safety Board (NTSB). Airport Director, and/or a Law Enforcement Officer. Lei No person shall enter upon the AOA for the purpose of attending. observing, or assisting at the scene of an Accident except persons requested or permitted to do so by ATC Airport Director. a Law Enforcement Officer. and/or Fire Department. Section 1-2.3-57. Special events. u Special events utilizing public areas of the Airport or the AOA shall not be held unless written approval is first obtained from the BOCC or Airport Director and any other Agency having jurisdiction over the event. S#ruelt +Iii-augk passages are deleted. 39 Underlined passages are added. Written authorization shall sperm the areas of the Airport authorized for such special use, the dates and duration of such use and any other terms and conditions deemed necessary. Section 1-2.3-58. Improvement construction or modification All Lessees and 5ublesses must submit construction or modification plans to the Airport Director in advance for review and approval u Aircraft Operators involved in an Accident on the Airport resulting in any in jury (or death) to person or damage to Property shall make a full and prompt report of the Accident to the Airport Director and complete any necessary reports and/or forms. u Aircraft Operators shall be responsible for the safe and prompt removal of disabled Aircraft and parts thereof, unless required or directed by the Airport Director. the FAA or the NTSB to delay such action pending an investigation of an Accident. u An Aircraft involved in an Accident on the Airport may not be removed from the scene of the Accident until authorized by the Airport Director. (d) Once authorization to remove the Aircraft has been issued the Aircraft Operator shall make immediate arrangements to have the Aircraft removed u If immediate arrangements are not made (so that the Airport can return to full operational status without unreasonable delay) the Airport Director may have the Aircraft removed at the Aircraft Operator's risk and expense without liability for damage arising from or out of such removal Section 1-2.3-59. Prohibiting use of the airport. (a) The Airport Director shall have the right at any time to deny the use of the Airport to any person or group when the Airport Director considers such actions to be necessary and desirable in the interest of safety and security_ The Airport Director may prohibit Aircraft operations (except for emergency landings) when it is determined that conditions are unsafe or the Aircraft operation would likely endanger persons or Property. uc Under no circumstance shall an authorized Airport closure or restriction constitute grounds for reimbursement of any expense loss of revenue or damage incurred by any Operator. Lessee. or any other entity. 6+mx*4hrattqh passages are deleted. 40 Underlined passages are added. Section 1-2.3-60. Aircraft maintenance. (a) Aircraft Maintenance on the Airport shall be permitted only on Leased Premises. u Aircraft Maintenance must be performed in accordance with SWPPP. U Aircraft Maintenance performed on Aprons is limited to preventive maintenance (as defined by 14 CFR Part 43). (d) Aircraft Maintenance within hangars shall be limited to that specifically permitted by the type rating established in the Uniform Building Code and in compliance with the directives of the Fire Department. All Aircraft cleaning must be done at a facility designed for such purpose or in accordance with NFPA standards and SWPPP. Section 1=2.3-61. Aircraft engine operation. U Starting engines shall be prohibited until ground personnel have given proper clearance (if nppropriatel and until all standard safety procedures have been ollowed. u Any person operatic an Aircraft engine in an area that is accessible to the public shall take Vrecautions to alert and protect the public from hazards incident to such operations. I) Starting an Aircraft engine when there is any flammable liquid on the around in the immediate vicinity of the Aircraft is prohibited. (d) Aircraft controls shall not be unattended while Aircraft engines are operating. Le) Propeller engine and exhaust noises shall be kept to a minimum. Runup of Aircraft engines shall be performed only in the areas designated for such purpose by the Airport Director. Runes of Aircraft engines is not allowed in Non -Movement Areas except in designated areas or as approved by the Airport Director. Aircraft may not be tied to any structure during Aircraft engine Runup. High speed or full power aircraft engine Runups (including maintenance run ups) shall be performed in designated run-up areas or in other areas designated specifically for this purpose by the Airport Director. High speed or full power Aircraft engine Runups are prohibited at the Airport from 10:00 PM to 8:00 AM without prior Permission. Section 1-2.3-62. Aircraft parking and storage. fad Derelict Aircraft on the Airport are prohibited. S#rtiek through passages are deleted. 41 Underlined Visages are added. (I) The Airport Director, at the risk and expense of the Aircraft Operator._may remove such Aircraft without liability for damage arising from or out of such removal. .() Aircraft shall be parked only on Leased Premises or in those designated public areas designed for such purpose by the Airport Director and shall not be positioned in such a manner so as to block a runway, Taxiway. Taxilane (except for temporary staging and/or fueling of such Aircraft) or obstruct access to hangars. parked Aircraft. and/or parked Vehicles (d) Unless otherwise provided in an Agreement with the County or authorized FBO no person shall use any area of the Airport for the parking and storage of Aircraft, other than Transient Parking without prior Permission Le) Should a person use such areas for Aircraft parking or storage without first obtaining prior Permission, the Airport Director may remove and store the Aircraft at the expense of the Aircraft Operator without liability for damage that may arise from or out of such removal or storage M Aircraft Operators shall ensure unattended. parked and stored Aircraft are properly secured as set forth in AC 20-35C (g) Parked or stored rotorcraft shall have braking devices and/or rotor mooring blocks applied to the rotor blades. (h) Moored lighter -than -air Aircraft shall have at least one person monitoring the safety of the mooring at all times. Qi Upon request of the Airport Director, the Operator of any Aircraft parked or stored at the Airport shall move the Aircraft to the location and/or position on the Airport identified by the Airport Director due to an emergency condition or the Aircraft is illegally parked. In the event the Aircraft Operator refuses. is unable or unavailable the Airport Director may move the Aircraft to the area at the risk and expense of the Aircraft Operator without liability f or damage that may arise from or out of such movement. (k) Aircraft Tiedowns shall only be used for the following purposes: (1) Storage and parking of Aircraft; and (2) Performance of preventive Aircraft Maintenance (as defined in 14 CFR Part 43) on Aircraft in accordance with applicable Regulator Measures ,(I) Aircroft storage hangars shall only be used for the following purposes' ill Storage and parking of Aircraft and associated Aircraft equipment and supplies as approved by the Airport Director and the Fire Department (2) Parking of Vehicles and recreational toys owned and operated by Aircraft Owner or Operator and only on temporary basis(i a during use of Aircraft) and in compliance with Section 1-2 3-76(e) (m) Use of Aircraft storage hangars shall be subject to the following restrictions: &traek ihraugh passages are deleted. 42 Underlined Passages are added. ill For hanaars not having a personnel exit door hangar doors shall remain open a minimum of 36 inches anytime a person is in the hangar for adequate egress in an emergency. M Space heaters shall never be located inside Aircraft and left unattended 5pace heaters may be utilized in hangars so Iona as the heater has a clear radius of 10 feet from Aircraft (or any other ob iect) and fire revention/safety measures are observed. M Oily rags waste oil or other materials soiled with petroleum -based products may only be stored in containers with self -closing tight -fitting lids as approved by the Fire Department. (4) A batted charger shall not be directly connected to an aircraft battery installed in an Aircraft that is located inside (or partially inside) a hangar. Section 1-2.3-63. Aircraft security. u If the kind ape mission or condition of an Aircraft makes it necessary for an Aircraft Operator to obtain provide and/or maintain security for an Aircraft the Aircraft Operator shall be responsible for such security and may only provide (and/or arrange for) such security after obtaining prior Permission. Lb) Aircraft Operators shall not employ security measures as a means to hinder, delayor prevent removal of Aircraft at the direction of the Airport Director. Section 1-2.3-64. Aircraft operations. (a) operating an Aircraft in a careless negligent or reckless manner' in disregard of the rights and safes of others,• without due caution and circumspection, or at a speed or in a manner which endangers or is likely to endanger persons or Property of any entity is prohibited. Aircraft Operators shall obey all pavement markings signaae and lighted signals unless instructed otherwise by ATC or the Airport Director. (c) Operating an Aircraft constructed modified equipped or loaded as to endanger or be likely to endanger persons or the Property of any entity is prohibited. Aircraft Operators shall comply with any order, signal or directive of ATC, Airport Director or a Law Enforcement Officer. iel It shall be the Aircraft Operator's responsibility to repair any damage to the Airport's runways Taxiways or Aprons caused by excessive Aircraft weight loading. The starting positioning or taxiing of any Aircraft shall be done in such a ugh passages are deleted. 43 Underlined passages are added. manner so as to avoid generating (or directing) any propeller slipstream or engine blast that may endanger or result in injury to persons or damage to Property. Airborne radar equipment shall not be operated or ground -tested in an area where the directional beam of such radar if high intensity (50KW or greater output), is within 300 feet or, if low intensity (less than 50 KW output) is within 100 feet of another Aircraft an Aircraft refueling operation an Aircraft Refueling Vehicle. or a Fuel storage facility. (h) Operation of Aircraft radio equipment while the Aircraft is in a hangar, other than when radio equipment maintenance is being performed on the Aircraft is prohibited. Aircraft engines shall not be started and Aircraft shall not be taxied into out of, or within any structure on the Airport. Section 1-2.3-65. Taxiing operations. u The following sections are applicable to all non -movement areas and movement areas when ATC is closed. u Aircraft Operators shall obey all pavement markings signage and lighted signals unless the Airport Director directs otherwise. (c) Aircraft shall not be taxied until the Aircraft Operator has determined by visual inspection that there shall be no danger of collision with any person or object in the area. When reasonably possible. Aircraft being taxied. towed, or otherwise moved at the Airport shall proceed with running lights and/or position lights illuminated during the time between official sunset and official sunrise (e) Taxiing Aircraft shall yield the right-of-way to any Emergency Vehicle responding to an emergency. (f) Aircraft Operators shall not taxi an Aircraft at a speed greater than is reasonable and prudent under the conditions with regard for actual and potential hazards and other Aircraft so as not to endanger persons or Property. Section 1-2.3-66. Rotorcraft operations. (aj Rotorcraft shall not be operated unless there is a clear area of at least 50 feet from the outer tip of each rotor. Rotorcraft should not be operated within 200 feet of any area where Light Aircraft are parked or operating, unless such area is specifically established for rotorcraft operations. Pilots operating rotorcraft within 200 feet of any area where light Aircraft are parked or operating do so at their own risk and Struelt through passages are deleted. 44 Underlined passages are added. are responsible for any damage to Property that may occur. Section 1-2.3-67. Limitations. Aircraft Operators shall provide prior notification to the Airport Director before conducting any of the following activities at the Airport. Experimental Flights (excluding those with an Airworthiness Certificate) Use of Motorless Aircraft: The landing upon or towing from the Airport of gliders sailplanes and other certificated motorless Aircraft. L1 Use of Ultrolight Vehicles: The landing upon or taking off from the Airport of ultralight vehicles. Use of Lighter -than -Air Aircraft: The landing upon or taking off from the Airport of airships dirigibles blimps. balloons, and other certificated lighter -than -air Aircraft that utilize gasses or hot air to provide lift. Banner or Glider Towing: The landing upon or taking off from the Airport of Aircraft that tow banners, gliders, or any other device. U Aircraft Operators shall provide prior notification to the Fire Department before conducting any of the following activities at the Airport. Hazardous Cargo; Landing or taking off with flammable explosive or corrosive materials except that which is carried aboard for the operation of the Aircraft or use by crewmembers or passengers. Radioactive Cargo: The landing upon or taking off from the Airport of Aircraft loaded with radioactive materials. Q) All shipments of radioactive cargo or other hazardous material shall comply with regulations established in 49 CFR Parts 100 - 199, and all other Regulatory Measures governing such shipments. (� Trained hazmat and Fire Department equipment and personnel will be required for this type of operation as a standby_ precautionary measure. Costs associated with trained hazmat equipment and personnel shall be borne by the Aircraft Operator. Section 1-2.3-68. Self -Servicing of aircraft. u Aircraft Operators are permitted to fuel wash repair or otherwise service their own Based Aircraft (utilizing their own equipment) provided there is no attempt to perform such services for others and further provided that such right is conditioned upon compliance with these Rules and Regulations, SWPPP, and all other applicable Regulatory Measures. (b) An Aircraft Operator may_hire a person (as an Employee) to provide under the passages are deleted. 45 Underlined passages are added. direction and supervision of the Aircraft Operator, services on the Aircraft Operator's Aircraft. Lc) Such _services may only be provided by a direct Employee of the Aircraft Operator utilizing the Vehicles/equipment owned by the Operator Aircraft Operators are only permitted to have their Aircraft fueled washed repaired. or pointed by those Operators and Lessees authorized to provide such service pursuant to an Agreement with the Airport and in compliance with 5WPPP and all applicable Regulatory Measures Le) Airport Lessees may restrict self -servicing on their Leased Premises Section 1-2.3-69. Voluntary noise abatement procedures (a) Aircraft Operators are encouraged to familiarize themselves with and comply with the voluntary noise abatement procedures of the Airport and are encouraged to comply with the procedures whenever operating Aircraft The voluntary noise abatement procedures of the Airport are located on the Airport's website (www.stlucieco.gov/airport/). Section 1-2.3-70. Vehicle operator licensing and vehicle permit (a) A Vehicle Operator that does not have in their possession a valid State of Florida driver's license and Airport Identification Badge will not be allowed to operate a Vehicle on the Movement Area unless accompanied by an authorized Vehicle Operator with a valid Vehicle Permit issued by the Airport b) An Airport Identification Badge with Movement Area driving privileges and Vehicle Permit will only be granted as follows: i) Submission of letter (on company letterhead) to the Airport Director from employee's supervisor providing justification for Movement Area driving privileges. Airport Management reserves the right to grant full or limited driving privileges on the Movement Area based upon access frequency and job requirements. Limited permits grant access to specific locations within the Movement Area. M Attendance of Airport's driver training class Persons shall receive a seal on their Airport Identification Badge showing that they have been trained to operate a Vehicle displaying a Vehicle Permit on the Taxiways and runwgys of the Airport. i4) Certificate of Insurance showing the Vehicle and Vehicle Operator having a general liability insurance in a minimum amount of $5 million dollars per occurrence and aggregate and naming the County as additional insured. ugh passages are deleted. 46 Underlined passages are added. Suspension of Driving Privileges: u An individual with Movement or Non -Movement Area driving privileges that violates these Vehicle Rules and Regulations may be subiect to immediate suspension or revocation of driving privileges by the Airport Director, depending upon the severity of the violation. Individuals with suspended or revoked driving privileges must deliver a letter to the Airport Director from their supervisor indicating that the individual has been counseled on the severity of the violation and has received recurrent training from the employer or the Airport. Once the letter has been received driving privileges may be reinstated. Section 1-2.3-71. Vehicle equipment. (a) Vehicles shall not be operated on the Airport unless the Vehicle is in sound mechanical order; has adequate and operational headlights horn and brakes; and permits clear visibility from the driver's position. All Vehicles and equipment on the Airport must keep original factory equipment (i.e., headlights taillights horn etc) in working order and have a proper and operable braking system Vehicles without tail lights may utilize an alternative reflective device (i.e., reflective tape) mounted on the rear and all sides of the Vehicle This shall include trailers carts semi -trailers baggage carts, portable heater units and other towed equipment. Section 1-2.3-72. Vehicle operations. u LC) U Le) Operating a Vehicle on the Airport in a careless negligent unsafe or reckless manner; in disregard of the rights and safety of others; and without due caution and circumspection' or at a speed or in a manner which endangers. or is likely to endanger, persons or Property is prohibited. Vehicles constructed equipped loaded or maintained (or have attached thereto anyobjector equipment which drams swings or projects) so as to endanger or be likely to endanger, persons or Property, is prohibited on the Airport. Vehicles shall not be operated in any hangar at the Airport unless the Vehicle exhaust is protected by screens or baffles (e.g., muffler) to prevent the escape of sparks or the propagation of flame and a vent system exists to prevent exhaust fumes from building up in the hangar (if Vehicles are operated in the hangar for an extended period of time). Vehicle Operators shall yield the right of way to pedestrians Emergency Vehicles (or equipment), and Aircraft. All Vehicles crossing or entering the traffic lanes shall yield to those Vehicles Hugh passages are deleted. 47 Underlined passages are added. already in the lane before proceeding All Vehicles must travel in a single lane of traffic only (in each direction) when crossing Taxiways and when in the terminal area. i Vehicle Operators shall not, after receiving a visual or audible signal from Airport personnel or Law Enforcement Officer, fail to stop the Vehicle being operated, operate the Vehicle in disregard of the signal or interfere with or endanger the operation of Airport personnel or Law Enforcement Officer increase the speed or extinguish the lights of the Vehicle or attempt to flee from or elude Airport personnel or Law Enforcement Officer. Vehicle Operators shall provide proper signals and obey all traffic lights signs mechanical or electrical signals and pavement markings unless directed otherwise by Airport personnel or Low Enforcement Officer. Vehicles must have both headlights and taillights operating when the Vehicle is used during the time between official sunset and official sunrise and at any other time when visibility is poor, (D Persons shall not ride on the running board in the beds of pickup trucks ride on the outside of a Vehicle or allow arms or legs to protrude from a Vehicle with exception of Emergency Vehicles that are designed specifically for such operations and/or use by Fire Department personnel Vehicles used for hauling trash, dirt, or any loose material shall be operated in such a fashion as to prevent the contents of the Vehicle from dropping sifting, leaking, or otherwise escaping including at a minimum covering Vehicles load W The operator of a Vehicle will be responsible for any obiect falling from the Vehicle including, but not limited to, those objects that may create a hazard to persons. Aircraft, or other Vehicles and is responsible for any resulting damage and required cleanup. LU Equipment in Tow: u Positive locking couplings are required for all towed equipment on the AOA. j2) Vehicles (tugs) and baggage carts shall be returned to designated storage areas immediately following unloading, L3� Equipment in tow must have reflectors or fluorescent tape on the rear of equipment Lm) Recreational use of ATVs, three wheelers, scooters. mini -bikes go-carts roller blading, skate boarding, and bicycles is not permitted on the Airport without Permission. Ln) Vehicles operated on the public roadway and parking lots of the Airport shall be governed by the traffic ordinances of the county and applicable state vehicle laws. In addition thereto, no person shall berate any Vehicle on the Airport except in accordance with the rules and regulations prescribed in this article. S#rmek#hreagh passages are deleted. 48 Underlined passages are added. Section 1-2.3-73. Airport Operations Area (AOA). (a) All Vehicles entering the AOA must come to a complete stop and observe ground Aircraft traffic in all directions. (b) Airside Speed Limits: LI) Safe Speed - Vehicles shall not be operated at a speed greater than is reasonable and prudent under the conditions and having_ regard for actual and potential hazards traffic or so as not to endanger persons or Property. (2) Vehicles except Emergency Vehicles responding to an emergency shall not be operated on the AOA at speeds in excess of 15 miles per hour, unless otherwise posted. .(3) Vehicles operated in the baggage sort areas around hanclars and near Aircraft shall be limited to a speed of not more than 5 miles per hour. (c) Vehicles shall not be operated in such a manner or within such proximity of an Aircraft as to create a hazard or interfere with the safe operation of the Aircraft. (d) Vehicles shall not overtake or pass in front of a moving Aircraft. (e) Vehicles shall pass to the rear of taxiing Aircraft and coke -- closer then 300 feet to - maintain a safe distance from taxiing or towed Aircraft. �{) Vehicles may not be left running and unattended on the AOA. Exceptions include Vehicles that must be left running for the purpose of servicing an Aircraft. In those cases, the Vehicle must have the parking brake engaged and/or wheel chocks in place. (g) All Vehicle Operators should display courtesy to taxiing Aircraft during nighttime hours by angling their Vehicles so that headlight beams do not directly impact Aircraft cockpit areas. (h) The Airport Director may restrict Vehicles to a certain portion(s) or segment(s) of the AOA. Such restrictions shall prohibit Vehicle operations outside designated area(s). M Manually controlled gates that provide access to the AOA shall be kept closed and locked at all times except when actually in use. When automatic gates are used Vehicle Operators must stop the Vehicle and allow the gate to full close behind them before proceeding. The Vehicle Operator must also ensure that no other Vehicles or personsgain access to the Airport while the gate is in the process of closing and/or not fully closed. If the Vehicle Operator cannot prevent such access. the Vehicle Operator must immediately notify the Airport Director or 911. ugh passages are deleted. 49 Underlined passages are added. Section 1-2.3-74. Movement area. (a) Vehicles operating in the Movement Area except for Emergency Vehicles must be readily identif ied by a sign on the Vehicle and be equipped with an approved and fully operational amber rotating beacon on the roof or uppermost point of the Vehicle providing visibility in a 360 degree radius all in compliance with AC 150/5210-5B unless specifically exempted from this requirement by the Airport Director. Such Vehicles shall meet the following requirements' The Vehicle must display a current Airport issued Vehicle Permit Q Operator's name or logo must be displayed on Vehicle The beacon shall be activated by the Vehicle Operator prior to entering the Movement Area and shall remain in operation while the Vehicle is in the Movement Area. u The Vehicle must be equipped with a functioning two-way radio capable of communicating on the proper aeronautical frequencies (ranging from 108.00 to 136.00). (b) In the event a Vehicle in the Movement Area experiences radio failure the Vehicle must vacate the area utilizing perimeter roadways or other non - controlled routes. If exit via non -controlled route is not possible the Vehicle Operator shall indicate radio failure by facing the Vehicle towards the control tower and flashing the Vehicle's headlights. Thereafter the Vehicle Operator shall operate the Vehicle in accordance with the standard colored light signal directions given by ATC. (c) Vehicles should use public roads in lieu of crossing the movement area whenever possible. Runway crossings for point-to-point travel for the sole purpose of convenience sake and saving travel time are not permitted (d) Vehicle Operators shall obtain a clearance from ATC personnel before proceeding into the Movement Area Upon receiving clearance Vehicle Operators shall ensure that no Aircraft is approaching before entering the Movement Area. After obtaining Permission. a Vehicle that is not operated on the Airport on a regular basis may enter the Movement Area provided that such Vehicle is escorted at all times (while in the Movement Area) y an authorized Vehicle having radio contact with ATC. (e) When construction -related Vehicles are required to enter or work within the Movement Area. such Vehicles will be marked with an approved orange and white checkered flag (for daytime operations) or an amber beacon (for nighttime operations). (f) If the construction Vehicle is not equipped with a two way radio capable of communicating on the proper aeronautical frequencies the Vehicle shall be escorted at all times (while in the Movement Area) by an Airport authorized Vehicle having radio contact with ATC or have a flagman (with a two way radio Streekihraugh passages are deleted. 50 Underlined passages are added. capable of communicating on the proper aeronautical frequencies) stationed at the area(s) designated by the Airport Director to give instructions to the Vehicle. Vehicle Operators operating in the Movement Area must be conversant with proper radio communication standard colored light signals regardless of whether or not the Vehicle is radio equipped and must have a thorough knowledge of runw y and Taxiway configuration. Section 1-2.3-75. Accidents or incidents. u A Vehicle Operator involved in an Accident on the Airport resulting in any in jury (or death) to person or damage to Property shall: jll Stop the Vehicle at the scene (or as close as possible to the scene without unnecessarily obstructing traffic or creating a safety hazard). I) Render reasonable assistance if capable to any person injured in the Accident. Immediately report the Accident to the Sheriff's Department unless all Property owners involved with property damage agree that reporting the accident to law enforcement is not necessary. If on the Movement Area the Airport Director must also be notified immediately. Provide end —surrender the following information to any Airport personnel. A. Name address and contact information B. State driver's license C. Airport Identification Badge D. Information necessary to complete a Vehicle Accident report Remain at the scene until Airport personnel or Low Enforcement Officer takes a full report. Section 1-23.-76. Vehicle maintenance. Private Vehicles shall not be cleaned and/or maintained anywhere on the Airport. except for minor repairs that are necessary to remove such Vehicle(s) from the Airport. Section 1-23.-77. Parking. or stopping of vehicles. (a� Vehicles shall be Parked only in those areas designated for such purpose by the Airport Director. Vehicles shall not be Parked or stopped: j� In such a manner so as to obstruct a parking lot lane drivewgy. roadway - passages are deleted. 51 Underlined passages are added. walkway. crosswalk. fire lane. runway. Taxiway Toxilane and/or obstruct access to hangars. Parked Aircraft and/or parked Vehicles; Within four feet of either side of a security fence; i31 On unpaved or grassed areas (unless specifically designated for parkin; or u Other than in accordance with restrictions posted on authorized signs (c) Vehicles, other than those loading and unloading Aircraft shall not stop for loading unloading or any other purpose on the Airport other than in the areas specifically established for loading unloading and/or Parking and only in the manner prescribed by signs, lines, or other means Displaying Vehicles and ground support equipment for sale at the Airport is prohibited unless otherwise approved in writing by the Airport Director. (e) Boats, jet skis, dune buggies, race cars, recreational vehicles etc may not be permanently Parked (including overnight) or stored on the Airport unless inside a hangar or with prior Permission. However, in no circumstance will hangars be used for the primary purpose of storing non -aviation equipment Vehicles or recreational toys as the primary use of a hangar is for Parking an Aircraft Section 1-2.3-78. Disabled, abandoned, or illegally parked vehicles. The Airport Director may tow or otherwise remove from the Airport at the Vehicle Operator's risk and expense and without liability for damage that may result from such removal. any Vehicle: (a) That is disabled or parked in violation of these Rules and"Regulations (or if the Vehicle creates a safety hazard or interferes with Airport operations)•and/or (b) That has remained stationary on the Airport in excess of 72 hours and is in a condition that would render the Vehicle inoperable including expired license plates, missing (or flat) tire, and/or broken window. Section 1-2.3-79. Refueling. defueling. and fuel storage. (a) Applicability This section in its entirety applies to those entities (Commercial or Non - Commercial) perating Refueling Vehicles and Fuel storage facilities ,(2) Only Sections 1-2.3-79(b), Sections 1-2.3-79(c) through Section 1-2 3- 79(d). Sections 1-2.3-79(h) - (i), Sections 1-2.3-79(I)-(m), Section 1-2 3- 79(o), and Section 1-2.3-79(p) apply to those entities engaged in Non - Commercial Self -Fueling without Refueling Vehicles and Fuel storage facilities. (b) Regulatory Measures u Refueling. defueling. and Fuel storage on the Airport shall conform to Straekikrough passages are deleted. 52 Underlined Passages are added. u all appropriate Regulatory Measures NFPA guidelines AC 150/5230-4. SWPPP. and Operator's SPCC. Fuels shall only be stored and dispensed on the Airport by those entities operating under an Agreement approved by the County granting such permission. Refueling Refueling and Fuel Storage Operations U A properly trained operator shall be present (and responsive) at all times while Fuel delivery Vehicles transfer Fuel into or out of any Fuel storage facility. f 2) The operator shall remain within the immediate vicinity, in close proximity to and in direct view of all operating controls and equipment. The operator shall not leave the discharge end of any hose or hoses unattended at any while the transfer of Fuel is in progress. The operator shall not block open, disengage and/or deactivate the deadman while fueling and/or transferring Fuel. Aircraft shall not be refueled or defueled in an area where Aircraft engines are operating Aircraft (or engines) are being warmed by application of heat or while the Aircraft is located in a hangar. j61 All Fuel handled on the Airport shall be treated with due caution and circumspection with regard to the rights and safety of others so as not to endanger or liked to endanger. persons or Property. Individuals engaged in the refueling defueling and oil servicing of Aircraft (or Vehicles) the filling of Refueling Vehicles or dispensing equipment or the dumping or pumping or loading of aviation Fuels (or oils) into or from Fuel (or oil) storage facilities shall exercise care and extreme caution to prevent overflow of Fuel (or oils) and/or spills. In the event of a spill Section 2 17 3 of these Rules and Regulations_ shall be followed. j9) Refueling Vehicles shall be positioned so that the Vehicle can be directly driven or towed away from the loading or fueling position in the event of fire or spill. 10 Not more than one Refueling Vehicle shall be positioned to refuel each wing of an Aircraft and not more than two Refueling Vehicles shall be positioned to service the same Aircraft. 11 Aircraft Fuel Handling shall be conducted outdoors and at least 50 feet from any hangar facility, and any combustion and ventilation air-intake to any boiler heater or incinerator room or as approved by the Fire Marshall. (12) Pouring or gravity transfer of Fuel from containers larger than five gallons is prohibited. A. Pumps either hand or power operated shall be used when Struelt through passages are deleted. 53 Underlined passages are added. Aircraft are fueled from containers larger than five gallons B. All containers shall be designed for the type of fuel contained therein. 13 Aircraft or Vehicles shall not be refueled or defueled if an electrical storm is in progress within the immediate vicinity of the Airport 14 When Aircraft are being refueled or defueled the Refueling Vehicle shall be bonded to the Aircraft to equalize the voltage potential between the Refueling Vehicle and the Aircraft 1. All hoses, nozzles, spouts. funnels and appurtenances used in refueling and defueling operations shall be FM or UL approved and shall be equipped with a bonding device to prevent ignition of volatile liquids. 15 Refueling Vehicle Operators shall not operate the Vehicle in reverse anywhere on the Airport unless another person is present and capable of monitoring and directing the movement of the Vehicle Aircraft shall not be refueled or defueled while passengers are on board unless a passenger -loading ramp is in place at the Aircraft cabin door, the door is in the open position. and an attendant is present at or near the door. A. If an incapacitated patient is on board the Aircraft during refueling operations. Fire Department personnel and firefighting/rescue equipment must be available at the scene No person shall operate any radio transmitter or receiver for switch electrical appliances on or off in an Aircraft) during refueling or defueling unless said radio transmitter or receiver is designed for such environment. 18 Smoking is prohibited in or about any Aircraft on any Apron or within 100 feet of an Aircraft being fueled or defueled 19 For single point refueling, deadman controls or mechanism shall be utilized and shall remain in good working order at all times A. No person shall deactivate or bypass a deadman control or mechanism at any time. 20 During refueling operations, no person shall use any material or equipment that is likely to cause a spark or ignition within 50 feet of such Aircraft or Vehicle. A. Smoking. matches, lighters, or any open flames are prohibited on the AOA and within 50 feet of any Aircraft refueling Vehicle Fuel storage facility. or any Aircraft being fueled or defueled 21 The County assumes no liability or responsibility for violations of any applicable refueling requirements and procedures A. The Operator or Lessee shall be solely responsible for any Struelk 4hraugh passages are deleted. 54 Underlined passages are added. violation incident to or in connection with the Operator's or Lessee's fueling storage facilities equipment operations, and trainin . B. The Operator or Lessee shall reimburse the Airport for any fines legal or court costs incurred by the Airport for such violations. (d) 5torage of Refueling Vehicles Refueling Vehicles shall be stored outside and not less than 50 feet from a building for at the distance approved by the Airport Director) unless building is designed constructed and used exclusively for that purpose. A. This subsection does not apply to containers with a capacity of not more than five gallons provided that no more than one can is located within a single Vehicle and not more than two cans are located in any hangar. B. All handheld portable containers shall be an approved type pursuant to UFC 5ec 79104 and legibly marked. Capacity shall conform to UFC Table No: 79.104. Refueling Vehicles shall be parked in a manner that provides a minimum of 10 feet of separation between Vehicles and any other Vehicle or Aircraft or within 20 feet of a storm water inlet. Le) Maintenance of Refueling Vehicles Maintenance and servicing of Refueling Vehicles shall be performed outdoors or in a building that is approved by the Airport Director and Fire Department specifically for this purpose. Operator or Lessees shall document and maintain Vehicle maintenance and Agency inspection records These records shall be made available to the Airport Director upon request. Equipment U Only those Fuel storage facilities and Refueling Vehicles (and equipment) that are approved under an Agreement with the County shall be used for the storage and delivery of Fuel. Refueling Vehicles fueling pumps meters hoses nozzles, funnels. fire extinquishers and bonding devices used during fueling operations shall be maintained in a safe operating condition and in good working order and repair at all times. When said Refueling Vehicle(s) or equipment is found in a state of disrepair, malfunction the use constitutes an undue fire or safety hazard or is in violation of any Regulatory Measure, the Operator shall discontinue the use of such Vehicles and/or equipment until repairs replacements or changes are made to A. S#rnek Areugh passages are deleted. 55 Underlined passages are added. render the same safe for continued use Refueling Vehicles equipment and Fuel storage facilities shall be placarded, marked, and/or color coded in accordance with NFPA 407 and applicable FAA Advisory Circulars Adequate and proper fire extinguishers shall be immediately available during all fueling and defueling operations A. At least 2 carbon dioxide (or approved dry chemical) fire extinguishers (15 pounds or larger) or the types of fire extinguishers that are capable of extinguishing Category B and Category C fires shall be immediately available B. All extinguishers shall be inspected and certified as required law and all personnel involved with fueling. or defueling operations shall be properly trained on the use of fire extinguishers Adequate and proper absorbent and Fuel spill containment capable of damming/diking a Fuel spill shall be immediately available at all times All hoses, funnels, and appurtenances used in fueling and defueling operations shall be equipped with a bonding device to prevent ignition of volatile liquids. (7) Refueling Vehicles and Vehicles utilized to deliver Fuel to the Fuel storage facility shall be subject to inspection by the Airport Director at any time to determine compliance with these Rules and Regulations (g) Fuel Storage Facilities u The maintenance and operation of Fuel storage facilities shall meet NFPA 30, NFPA 407, and FAA regulations, and shall be approved by all Agencies who regulate the maintenance and operation of Fuel storage facilities. Further the installation of all tanks and/or facilities shall meet the requirements of the Uniform Fire Code Article 24 (2) Any portable containers of more than 50 gallons shall be approved by all Agencies who regulate the storage of Fuel and may be used for a period of no more than 90 days and shall be for a specific location (or site) only. All security gates leading into Fuel storage areas shall be kept closed and locked at all times except when actually in use PART C. CREATION OF ARTICLE III (GENERAL AVIATION MINIMUM STANDARDS) OF CHAPTER 1-2.3 (AIRPORTS AND AIRCRAFT) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Article III (General Aviation Minimum Standards) of Chapter 1-2.3 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Strdelr+lid-o ugh passages are deleted. 56 Underlined passages are added. ARTICLE III GENERAL AVIATION MINIMUM STANDARDS Section 1-2.3-80, Purpose and scope. (a) The purpose of these General Aviation Minimum Standards (Minimum Standards) is to encourage promote and ensure: (1) the delivery of high quality General Aviation products services and facilities to Airport users. (2) the design and development of quality General Aviation Improvements and facilities at the Airport,• (3) safety and security (4) the economic health of General Aviation Airport businesses and (5) the orderly development of Airport proper. To this end all entities desiring to engage in General Aviation Aeronautical Activities at the Airport shall be accorded reasonable opportunities without unjust discrimination to engage in such Activities subject to these Minimum Standards. u Aeronautical Activities may be proposed that do not fall within the categories designated herein In any such cases appropriate minimum standards shall be developed by the Airport Director on a case -by -case basis (in con iunction with negotiations with the Applicant) for such Activities and incorporated into the Agreement. (c) Specialized Aviation Service Operators (SASO) are encouraged required to the greatest extent possible to be Sublessees of a Fixed Base Operator (FBO)• however, if suitable land or Improvements are not available or cannot be secured from an FBO SASOs max (if available) Sublease Improvements from another SASO lease land from the County and may request in writing to the Count to construct Improvements on such land in the areas designated by the County, or lease Improvements from the County. Section 1-2.3-81. General Provisions. These Minimum Standards include all provisions provided in the General Provisions. Section 1-2.3-82. Exclusive rights. (a) In accordance with the Airport Assurances given to the federal or state government by the County as a condition to receiving federal or state funds, the granting of rights or privileges to engage in Commercial Aeronautical Activities shall not be construed in any manner as affording an Operator any Exclusive Right other than the exclusive use of the land and/or Improvements that may be leased to the Operator if applicable and then only to the extent 6,-ough passages are deleted. 57 Underlined passages are added. provided in an Agreement L The presence on the Airport of only one entity engaged in a particular Commercial Aeronautical Activity does not in and of itself indicate that an Exclusive Right has been granted It is the policy of the County not to enter into or promote an understanding commitment or express agreement to exclude other reasonably qualified entities Accordingly, those who desire to enter into an Agreement with the County should neither expect nor request that the County exclude others who also desire to engage in the same or similar Activities The opportunity to engage in a Commercial Aeronautical Activity shall be made available to those entities meeting the qualifications and the requirements set forth in these Minimum Standards and as space may be available at the Airport to support such Activity provided such use is consistent with the current and planned uses of Airport land and Improvements and is in the best interest of the County_ A. If the FAA determines that any provision of these Minimum Standards Agreement or a practice constitutes a grant of a prohibited Exclusive Right such provision or practice shall be deemed null and void and/or such practice shall be discontinued immediately. Section 1-2.3-83. Land use. The County reserves the right to designate specific Airport areas in which Commercial and Non -Commercial Aeronautical Activities may be conducted Such designation shall give consideration to the nature and extent of the Activities the land and Improvements that are available and the preferred development of the Airport as described in the most recently completed Master Plan, Airport Layout Plan. and/or a land use plan Section 1-2.3-84. Applicability. Lal These Minimum Standards specify the standards and requirements that must be met by any entity desiring to engage in one or more General Aviation Aeronautical Activities at the Airport. Throughout these Minimum Standards the words "standards" or "requirements" shall be understood to be modified by the word "minimum" except where explicitly stated otherwise Any required determinations, interpretations, or judgments regarding what constitutes an acceptable minimum standard or regarding compliance with such standard, shall be made by the County. All entities are encouraged to exceed the applicable minimum standards 6+ruek4hradgh passages are deleted. 58 Underlined passages are added. L) These Minimum Standards shall apply to any new Agreement Operator or Improvements relating to the occupancy or use of Airport land or Improvements for General Aviation Aeronautical Activities. If an existing Operator. (whether a Lessee or Sublessee) desires to substantially amend an existing Agreement (or sublease), to materially change its permitted Aeronautical Activities the County shall. as a condition of its approval of such change require the entity to comply with these Minimum Standards as they apply to the new Aeronautical 2� Activity. These Minimum Standards shall not affect any Agreement or amendment to such Agreement (or sublease) properly executed prior to the date of promulgation of these Minimum Standards except as provided for in such Agreement (or sublease) in which case these Minimum Standards shall apply to the extent permitted by such (3� Agreement (or Sublease). Upon termination of an Agreement (or sublease) the Operator shall be required to comma with these Minimum Standards upon execution of a new Agreement However Sublessees that enter into a renewal sublease for the same facilities to engage in the same Aeronautical Activities shall not be required to comply with these Minimum Standards. These Minimum Standards shall not be deemed to modify any existing Agreement (or sublease) under which an entity is required to exceed these Minimum Standards nor shall they prohibit the County from entering into or enforcing an Agreement (or sublease) that requires an entity to exceed the Minimum Standards. If these Minimum Standards are amended after Operator enters into an Agreement with the Count the Operator shall not be required to increase Operator's Leased Premises or construct additional Improvements to be in compliance with the amended Minimum Standards for all existing facilities. Section 1-2.3-85. General requirements. (q) Introduction j11 Operators enciaging in Aeronautical Activities at the Airport shall meet or exceed the requirements of this Section 2 as well as the minimum standards applicable to the Operator's Activities, as set forth in subsequent sections. u Experience/Capability Operator shall in the judgment of the County demonstrate before and S#rnek +hrengh passages are deleted. 59 Underlined passages are added. LC-) a during the term of the Agreement the following_ A. The capability of providing the proposed products services and facilities and engaging in the proposed Activities in a safe efficient, courteous prompt and workmanlike manner in service to and to the benefit of the public and B. The financial and technical responsibility, capability, and integrity to develop and maintain Improvements• procure and maintain required Vehicles Equipment and/or Aircraft employ proper level of personnel,• and engage in the Activity. Agreement approval. u No entity shall engage in an Activity unless the entity has an Agreement with the County authorizing such Activity or the entity has received written approval (consent) from the County to Sublease land or Improvements from an authorized Operator and conduct the Activit� at the Airport. Q Except as provided for in Section 1-2 3-84 an Agreement shall not reduce or limit Operator's obligations with respect to these Minimum Standards. Payment of Rents. Fees, and Charges LI) Operator shall pay the rents, fees or other charges specified by the County for engaging in Activities. L21 Operator's failure to remain Current in the payment of any and all rents, fees, charges. and other sums due to the County shall be grounds for revocation of the Agreement or approval authorizing the conduct of Activities at the Airport. Leased Premises u Operator shall lease sufficient land and/or lease Sublease or construct sufficient Improvements for the Activity as stipulated in these Minimum Standards. A. Each SASO and Non -Commercial Storage Operator with an Agreement shal I lease a minimum of 87,120 square feet (2 acres) of Contiguous Land. upon which all required Improvements including Apron. Paved Tiedown, facilities and Vehicle Parking shall be located. B. Improvements shall comply at all times with all applicable Regulatory Measures pertaining but not limited to drainage building setbacks, and available Vehicle Parking- C. Construction of any Improvements must be approved in advance by the Airport Director. Neagh passages are deleted. 60 Underlined Passages are added. D. Leased Premises that are used for Commercial purposes andrequire public access shall have direct public streetside access. Apron/Paved Tiedowns f l) Aprons/Paved Tiedowns (if required) must have adequate size and weight bearing capacity to accommodate the movement staging and Parking of Operator's Operator's Sublessees' and customers Aircraft without interferinQ with the movement of Aircraft in and out of other facilities and Aircraft operating in Taxilanes or Taxiways. Aprons associated with hanciars shall be equal to one and one-half times the hangar square footage or adeQuate to accommodate the movement of Aircraft into and out of the hangar, staging and Parking of customer and/or Operator Aircraft without interfering with the movement of Aircraft in and out of other facilities and Aircraft operating in Taxilanes or Taxiways. Vehicle Parking W Paved Vehicle Parking shall meet all Regulatory Measures and be sufficient to accommodate all Operator's and Operator's Sublessees' (if Subleasing facilities) customers employees visitors. vendors, and suppliers Vehicles on a daily basis. Paved Vehicle Parkin shall be on Operator's Leased Premises and/or located in close proximity to Operator's main facility. f) On -street Vehicle Parking is not allowed. Products Services. and Facilities Products services and facilities shall be provided on a reasonable, and not unjustly discriminatory, basis to all consumers and users of the Airport. L21 Operator shall charge reasonable and not unjustly discriminatory. prices for each product service or facility provided that. Operator mgy_be allowed to make reasonable discounts rebates. or other similar types of price reductions to volume purchasers. Operator shall conduct its Activities on and from the Leased Premises in a safe efficient and first class prof essional manner consistent with the degree of care and skill exercised by experienced operators providing comparable products services and facilities and engaging in similar Activities from similar Leased Premises in like markets. LIB Non -Discrimination Operator shall not discriminate against any person or class of persons by reason of race creed color, national origin sex age or physical handicap in providing any products or services or in the use of any of its facilities provided for the public or in any manner prohibited by 5:�ruelt #19reidgh passages are deleted. 61 Underlined passages are added. Lk) Q applicable Regulatory Measures including without limitation Part 21 of the rules and regulations of the office of the Secretary of Transportation effectuating Title VI of the Civil Rights Act of 1964 as amended or reenacted. M In the event of noncompliance with this subsection the County shall take such action as the federal government may direct to enforce such compliance. Licenses. Permits. Certifications and Ratites Lil Operator and Operator's personnel shall obtain and comply with at Operator's sole expense all necessary licenses permits certifications or ratings required for the conduct of Operator's Activities at the Airport as required by the County or any other duly authorized Agency prior to engaging in any Activity at the Airport Upon request Operator shall provide copies of such licenses permits certifications or ratings to the Airport Director within 10 business days A. Cost(s) associated with obtaining Operator (not Operator's personnel) licenses, permits. certifications or ratings required for the conduct of Operator's Activities shall be borne solely by Operator. 6. Operator shall keep in effect and post in a prominent place all necessary or required licenses permits certifications or ratings, Personnel LQ Operator shall provide a responsible person on the Leased Premises to supervise Activities and such person shall be qualified and authorized to represent and act for and on behalf of Operator during all hours of Activities with respect to the method manner, and conduct of the Operator and Operator's Activities M Operator shall have in its employ, on duty, and on the Leased Premises during hours of Activity, properly trained qualified and courteous personnel in such numbers as are required to meet these Minimum Standards and to meet the reasonable demands of the aviation public for each Activity being conducted in a safe secure efficient courteous, and prompt manner. u Operator shall control the conduct, demeanor, and appearance of their employees. It shall be the responsibility of the Operator to maintain close supervision over Operator's employees to ensure that a high standard of products. services, and facilities are provided in a safe secure. efficient, courteous and prompt manner. Aircraft. Equipment, and Vehicles All required Aircraft, Equipment. and Vehicles must be fully operational 3#reekikrengh passages are deleted. 62 Underlined Passages are added. functional and available at all times and capable of providing all required products and services. A. Aircraft Equipment and Vehicles can be temporarily unavailable due to routine or emergency maintenance so long as appropriate measures are taken to return the Aircraft Equipment. or Vehicle to service as soon as possible. B. Operator shall have at least one required Aircraft Equipment. and/or Vehicle in a full operational/functional condition at all times. u Hours of Activity U Each Operator shall provide the minimum hours of activity required for its specific operation(s) in this ordinance An Operator's hours of activity shall be clearly_ posted in public view using appropriate (and professional) signage. If exterior signage is utilized it must be approved in advance by the Airport Director. u Security u Operator shall designate a responsible person for the coordination of all security procedures and communications and provide point -of -contact information to the Airport Director including the name of the primary and secondary contacts and a 24-hour telephone number for both contacts. Operator shall install fencing doors gates lighting access card reader, and locks in accordance with the Airport's security system program and maintain same in good condition at all times. u Operator shall not remove any Airport locks. j4) Operator must comply with all applicable reporting requirements (as established by the County FAA TSA and law enforcement Agencies). U Insurance Operator shall procure maintain and pay premiums during the term of an Agreement for insurance policies required by Regulatory Measures and the types and minimum limits set forth in Attachment A (Minimum Insurance Requirements) of these Minimum Standards for each Activity. The insurance company or companies underwriting the required policies shall be licensed (with a Best rating of A-7) or authorized to write such insurance in the 5tate of Florida or be approved in writing by the 5t Lucie County Board of County Commissioners (BOCC). A. When coverages or limits set forth herein are not commercially available appropriate replacement coverages or limits must be approved in advance, by the County. strnelt#hrecgh passages are deleted. 63 Underlined passages are added. When coverages or limits set forth herein are not economically viable for the proposed Activity Operator may request a variance (as outlined in Section 1-2.3-31). (3) When Operator engages in more than one Activity the minimum limits shall be established by the County and may vary depending upon the nature of each Activity or combination of Activities but shall not necessarily be cumulative in all instances. While it may not be necessary for Operator to carry insurance policies for the combined total of the minimum requirements of each Activity Operator shall procure and maintain insurance for all exposures in amounts at least equal to the greatest of the required minimum or as established by the County. u All insurance, which Operator is required by the County to carry and keep in force, shall name St. Lucie County St Lucie County International Airport. and the St. Lucie County Board of County, Commissioners, individually and collectively, and their representatives officers. officials, employees, agents, and volunteers as additional insured. u Liability policies shall contain, or be endorsed to contain the following provisions: A. The St. Lucie County, St. Lucie County International Airport and the St. Lucie County Board of County Commissioners, individually and collectively, and their representatives, officers, officials employees, agents, and volunteers are to be covered as additional insured with respect to: liability arising out of Activities performed by or on behalf of Operator; products and services of Operator; premises owned, leased. occupied, or used by Operator; or vehicles, equipment. or aircraft owned. leased hired, or borrowed by Operator. Any insurance or self-insurance maintained by St. Lucie County, the St. Lucie Count International Airport, and the 5t. Lucie County Board of County Commissioners, individually and collectively, and their representatives. officers, officials. employees, agents, and volunteers shall be excess of Operator's and shall not contribute with it." S#ruel( through passages are deleted. 64 Underlined passages are added. a u m u 10 B "Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to St Lucie County, the St Lucie County International Airport and the St Lucie County Board of County Commissioners individuals and collectively and their representatives officers officials employees agents, an volunteers Operator's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the aaaregate limits of the insurer's liability." C. "Coverage shall not be suspended, voided or cancelled by either party or reduced in coverage or in limits except after 30 days prior written notice bx certified mail return receipt requested, has been given to the County." Certificates of Insurance for the insurance required by Reaulatory Measures and set forth by these Minimum Standards for each Activity shall be delivered to the Airport Director upon execution of any Agreement or approval Operator shall furnish additional Certificates of Insurance 30 des prior to any changes in coverage if the change results in a reduction Current proof of insurance shall be continually provided to the County throughout the term of the Agreement. The limits stipulated herein for each Activity represent the minimum coverage and policy limits that shall be maintained by the Operator to engage in Activities at the Airport Operators are encouraged to secure higher policy limits. Any self insured Operator shall furnish evidence of such self-insurance and shall hold St Lucie County, the St Lucie County International Airport and the St Lucie County Board of County Commissioners harmless in the event of any claims or litigation arising out of its Activities at the Airport Such evidence shall be reviewed and approved in writing by the BOCC. Operator shall at its sole expense cause all Improvements on the Leased Premises to be kept insured to the full (or highest) insurable value (current replacement cost with no depreciation) thereof against the perils of fire lightning wind hail flood extended coverage. and/or vandalism The proceeds of any such insurance paid on account for any of the aforementioned perils shall be used to defray the cost of repairing restoring or reconstructing said facilities or Improvements to the condition and location existing prior to the casualty causing the damage or destruction unless a change in design or location is approved in writing by the BOCC. Operator with known environmental contamination exposures shall be 6+mj&k4hrotjqh passages are deleted. 65 Underlined Passages are added. _9 required to secure appropriate environmental liability insurance with coverage limits appropriate for the type and level of environmental contamination exposure risk Indemnification and Hold Harmless .(1] Operator shall defend indemnify, save protect and hold harmless 5t Lucie County, 5t. Lucie County International Airport and the St Lucie County Board of County Commissioners individually and collectively and their representatives, officers officials employees agents and volunteers from any and all claims demands damages fines obligations suits, judgments. penalties causes of action losses liabilities administrative proceedings, arbitration or costs at any time received incurred, or accrued by St Lucie County, the St Lucie County International Airport, and the St Lucie County Board of Count Commissioners, individually and collectively, and their representatives officers, officials, employees agents and volunteers as a result of or arising out of Operator's actions or inaction In the event a party indemnified hereunder is in part responsible for the loss the indemnitor shall not be relieved of the obligation to indemnify; however, in such a case, liability shall be shared in accordance with state of Florida principles of comparative fault. The Operator shall accept total responsibility, indemnify and hold harmless 5t. Lucie County. the St. Lucie County International Airport and the St. Lucie County Board of County Commissioners individually and collectively, and their representatives officers officials employees, agents, and volunteers in the event of an environmental contaminating accident or incident caused by Operator, its employees its vendors or any other personnel used by the Operator to maintain Operator's facilities. Vehicles. Equipment or Aircraft (33) Nothing herein shall constitute a waiver of any protection available to St. Lucie County, the St. Lucie County International Airport and the St Lucie County Board of County Commissioners individually and collectively, and their representatives, officers officials employees agents, and volunteers under the state of Florida governmental immunity act or similar statutory provision Strnek*hrengh passages are deleted. 66 Underlined passages are added. Taxes u Operator shall at its sole cost and expense pay all taxes, fees, and other charges that may be levied assessed or charged by any duly authorized Agency associated with Operator's Leased Premises (land and/or Improvements) Operator's Improvements on Leased Premises, and/or Operator's Activities. i ri Multiple Activities U When more than one Activity is conducted at the Airport the minimum standards shall be established by the Airport Director. j� Depending upon the nature of the combined Activities the minimum standards shall not be: A. Less than the highest standard for each element (e.g., land, hangar, office shop etc) within the combined Activities, or B. Greater than the cumulative standards for all of the combined Activities. Section 1-2.3-86. Fixed Base Operator (FBO) () Introduction Ll) A Fixed Base Operator (FBO) is a Commercial Operator engaged in the sale of products services and facilities to include at a minimum. the following Activities at the Airport: aviation Fuels and lubricants (Jet Fuel Avgas and Aircraft lubricants) passenger crew, and Aircraft ground services support and amenities; Aircraft Maintenance; sale of Aircraft_. parts and accessories Aircraft Parking; and rental Tiedown and hangar. u In addition to the General Requirements set forth in Section 1-2.3-84, each Fixed Base Operator at the Airport shall comply with the following minimum standards set forth in this Section 3. Section 1-2.3-87. Scope of activity. u Unless otherwise stated in these Minimum Standards all required products and services shall be provided by FBO's Employees using FBO's Vehicles and Equipment. FBO's products and services shall include the following: M Aviation Fuels and Lubricants (Jet Fuel Awns, and Aircraft Lubricants). A. FRO shall deliver and dispense upon request Jet Fuel. Avgas, and Aircraft lubricants into all General Aviation Aircraft normally frequenting the Airport. S�rwelt threegh passages are deleted. 67 Underlined passages are added. u B. FRO shall provide a response time of no more than 30 minutes during required hours of activity (excepting situations beyond the control of the FBO). M) Passenger, Crew. and Aircraft Ground Services Support and Amenities A. FRO shall meet, direct, and park all Aircraft arriving on FSO's Leased Premises. B. FRO shall provide parking and Tiedown of Aircraft upon the FBO's Leased Premises. C. FBO shall provide hangar storage of Aircraft to include in -out service. D. FBO shall provide arrival and departure services for Aircraft using FBO's Leased Premises E. FBO shall provide oxygen, nitrogen and compressed air services These services may be provided through arrangement with an Aircraft Maintenance Operator. F. FBO shall provide lavatory services G. FBO shall make available aircraft ground power units H. FBO shall make available crew and passenger ground transportation arrangements (limousine shuttle and rental car) I. FBO shall make available Aircraft catering arrangements (3) Aircraft Maintenance: A. FSO shall provide Aircraft Maintenance (as defined by 14 CFR Part 43) for Group I and Group II Piston Aircraft and Group I Turboprop Aircraft. B. FBO shall be able to provide Aircraft Line Maintenance for General Aviation Aircraft up to Group III Turbo jet Aircraft not exceeding 60.000 pounds maximum takeoff weight C. FBO can meet these Minimum Standards for the provision of Aircraft Maintenance by and through an entity who meets the minimum standards for Aircraft Maintenance Operator. Aircraft Storage A. FBO shall develop, own, and/or lease facilities for the purpose of Subleasing Aircraft storage facilities and associated office or shop space to entities engaging in Commercial or Non - Commercial Aeronautical Activities. Leased Premises FBO shall have adequate land (see Section 2 5 1) Apron/Paved Tiedown (see Section 2.5.2), facilities (hangars terminal maintenance and Fuel storage). and Vehicle Parking (see Section 2 5 3) to accommodate all Activities of FBO and all approved Sublessees but not less than the following: 6#rtiel(4petjgk passages are deleted. 68 Underlined passages are added. Wil A. Contiguous Land - ten (10) acres (435,600 square feet), upon which all required Improvements including Apron Paved Tiedown, facilities and Vehicle Parking_shall be located. B. Apron - 5.7 acres (250,000 square feet)with a weight bearing capacity adequate to accommodate the largest Aircraft handled or serviced by FBO. C. Paved Tiedown - adequate to accommodate the number, type, and sizeof Based Aircraft and Transient Aircraft requiring Tiedown space at the FBO's Leased Premises but not less than thirty (30) Paved Tiedown spaces. D. Facilities shall contain a minimum of 33.300 square feet (total) consisting of the following: 1. Terminal space - 2,000 square feet Customer area shall include adequate space for crew and passenger lounge(s)flight planning room conference room public use telephones and restrooms. 2. Administrative area shall include adequate space for employee offices work areas, and storage. u Maintenance space - 1,500 square feet A. Maintenance customers shall have immediate access to FBO's customer lounge public use telephones and restrooms. B. Administrative area shall include adequate space for maintenance Employee_ offices. C. Maintenance area shall include adequate space for maintenance Employee work areas shy areas and storage of Aircraft parts and equipment. u Hangar area - 30,000 square feet A. At least 10.000 square feet of hangar space shall be dedicated to Aircraft storage (with a minimum door height of 27.5 feet and a door width of 100 feet) and 10.000 square feet shall be dedicated to the provision of Aircraft Maintenance. No single hangar shall be less than 10,000 square feet. Fuel Storage u FBO shall construct or install and maintain an on -Airport aboveground Fuel storage facility at the Airport unless otherwise authorized or required in a location consistent with the Airport Master Plan, Airport Layout Plan or other land use plan and approved by the County. u Fuel storage facility shall have total capacity for three (3) days peak supply of aviation Fuel for Aircraft being serviced by FBO. In no event shall the total storage capacity be less than: A. 20,000 gallons for Jet Fuel storage #reek tHreugh passages are deleted. 69 Underlined passages are added. u B. 15,000 gallons for Avgas storage C. FRO shall have adequate storage with appropriate secondary containment for waste Fuel or test samples (or the capabili_y to recycle waste Fuel or test samples); D. FRO shall also demonstrate the capability of expanding its Fuel storage capacity within a reasonable time period u FRO shall, at its sole expense maintain the Fuel storage facility, all Improvements thereon and all appurtenances thereto in a clean neat orderly. and fully functional condition consistent with good business practice and equal or better than in appearance and character to other similar Improvements on the Airport i4) FBO shall have a written Spill Prevention Control and Countermeasures Plan ("SPCC Plan") that meets Regulatory Measures for aboveground Fuel storage facilities An updated copy of the SPCC Plan shall be provided to the Airport Director on request ff) FBO shall be liable and indemnify the County for all leaks spills or other damage that may result through the handling and dispensing of Fuel. u Fuel delivered/dispensed by FBO shall meet quality specifications as outlined in ASTM D 1655 (Jet A) and ASTM D 1910 (Avgas). Ensuring the quality of the Fuel is the responsibility of FBO M FBO shall report all Fuel delivered to the FBO including total gallons of Fuel delivered by type and make during each calendar month and submit a summary along with appropriate fees and charges due the County on or before the 10th day of the subsequent month L81 FRO shall maintain records identifying the total number of aviation Fuel gallons purchased and delivered. Records (and meters) shall be made available for audit to the County or representatives of the County. In the case of a discrepancy. FBO shall promptly pgy, in cash all additional rates, fees, and charges due the County, plus annual interest on the unpaid balance at the maximum rate allowable by law from the date originally due Fueling Equipment (1) FBO shall have two (2) Jet Fuel Refueling Vehicles with one (1) having a capacity of at least 2,200 gallons. u FBO shall have two (2) Avgas Refueling Vehicles having a capacity of at least 750 gallons. A fixed Avqas refueling (self -fueling) system can be substituted for an Avgas Refueling Vehicle A. A fixed Avgas refueling (self -fuelingsystem constructed or installed and maintained by an FBO for public commercial use shall be in a location specified by the Airport Director dough passages are deleted. 70 Underlined passages are added. m Ll Aircraft Refueling Vehicles shall be equipped with metering devices that meet all applicable Regulatory Measures One Refueling Vehicle dispensing Jet Fuel shall have over -the -wing and single point Aircraft servicing capability. All Refueling Vehicles shall be bottom loaded. Each Refueling Vehicle shall be quipped and maintained to comply with all applicable safes and fire prevention requirements standards, and Regulatory Measure including without limitation those prescribed by: A. State of Florida Fire Code and local Fire District; B. National Fire Protection Association (NFPA) Codes; C. Florida Environmental Protection Agency; D. 14 CFR Part 139 Airport Certification Section 139.321 "Handling/Storing of Hazardous Substances and Materials". E. Applicable FAA Advisor Circulars (AC) including AC 00-34 "Aircraft Ground Handling and Servicing" and AC 150/5210-5 "Painting Marking and Lighting of Vehicles Used on an Airport". (,f,1 Equipment FBO shall have the following equipment: A. Adequate eQuipment for securing Aircraft on the Apron including ropes chains and other types of Aircraft restraining devices and wheel chocks which are required to safely secure Aircraft as described in AC 20-35C B. One (1) oxygen cart one (1) nitrogen cart, and one (1) compressed air unit C. Equipment may be provided through an Aircraft Maintenance Operator. p Two (2) Aircraft tugs (and tow bars) with at least one (1) having a rated draw bar capacity sufficient to meet the towing requirement of the heaviest General Aviation Aircraft normally frequenting the Airport E. Two (2) ground power units to provide electricity to direct current (DC) F. One (1) lavatory service cart G. Spill kits including the necessary equipment and materials to contain a Fuel spill and keep it from flowing into drains or other areas H. Adequate number of approved and regularly inspected dry chemical fire extinguisher units shall be maintained within all hangars on Apron areas at Fuel storage facilities and on all grounding handling and Refueling Vehicles ugh passages are deleted. 71 Underlined passages are added. u I. All Equipment reasonably necessary for the proper performance of Aircraft Maintenance in accordance with applicable FAA regulations and manufacturers' specifications unless provided through a third party Personnel (1) Personnel, while on duty shall be clean neat in appearance courteous and at all times, properly uniformed Uniforms shall identify the name of the FRO and the employee and shall be clean neat professional and properly maintained at all times A. Management and administrative personnel shall not be required to be uniformed. ((2) FBO shall develop and maintain Standard Operating Procedures (SOP) for Fueling and ground handling and shall ensure compliance with standards set forth in FAA Advisory Circular 00-34A "Aircraft Ground Handling and Servicing." FRO's 5OP shall include a training plan Fuel Quality assurance procedures and record keeping and emergency response procedures to Fuel fires and spills FBO's 5OP shall also address: bonding and fire protection; public protection; control of access to Fuel storage facilities; and marking and labeling of Fuel storage tanks and Refueling Vehicles. FBO's SOP shall be provided to the Airport Director upon request. (3) FBO shall have two (2) properly trained and qualified Employees on each shift. providing Aircraft Fueling. Parking and ground services and support. (4) FBO shall have one (1) properly trained and qualified Employee on each shift, to provide customer service and support. 15) FBO (or approved Sublessee) shall have one (1) Airframe and powerplant Mechanic properly trained and qualified to perform Aircraft Maintenance on Aircraft frequenting the Airport Hours of Activity (1) Aircraft Fueling and passenger, crew, and aircraft ground handling services, support, and amenities shall be continuously offered and available to meet reasonable demands of the public for this Activity seven (7) days a week, twelve hours a day (including holidgys) A. These services shall also be available all other times (after hours) on -call d- 60 M*Mtes. (2) Aircraft Maintenance shall be continuously offered and available to meet reasonable demand of the public for this Activity five (5) days a week, eight hours a day. Struck through passages are deleted. 72 Underlined passages are added. A. Aircraft Maintenance shall be available all other times (after hours) on call - with response 6 mine im, to exceed 60 minutes. Aircraft Removal Recognizing that Aircraft removal is the responsibility of the Aircraft Owner/O_perator, the FBO shall be prepared to lend assistance within 30 minutes upon request in order to maintain the operational readiness of the Airport. The FBO shall prepare an Aircraft removal plan and have the Equipment Readily Available that is necessary to remove the General Aviation Aircraft normally frequenting the Airport. Insurance (� FBO shall maintain at a minimum the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements. Section 1-2.3-87. Aircraft Maintenance Operator (SASO) Lq) Introduction An Aircraft Maintenance Operator is a Commercial Operator enaaaed in providing Aircraft Maintenance on airframes and powerplants (as defined in 14 CFR Part 43) for Aircraft other than those owned. leased - and/or operated by (and under the full and exclusive control of) the Operator, which includes the sale of Aircraft parts and accessories. In addition to the General Requirements set forth in Section 1-2.3-84. each Aircraft Maintenance Operator at the Airport shall comply with the following minimum standards set forth in this section. j� FBOs shall comply with the minimum standards set forth above in Section 1-2 3-85 associated with Aircraft Maintenance. 5trnel #krengh passages are deleted. 73 Underlined passages are added. U Leased Premises u Operator engaging in this Activity shall have adequate land and Improvements as set forth in Section 1-2 3-84 and facilities to accommodate all Activities of the Operator and all approved Sublessees, but not less than the following square footages (SF) which are not cumulative and are based upon the largest Aircraft Design Group that the Aircraft Maintenance Operator proposes to maintain: Tablp I Facilities Group I Piston and Turboprop Aircraft Group II Piston and Turboprop Aircraft Customer Are&-(6essee) 4003E 4003E 400 SF 400 SF Area (Sublessee nmedin#c T-iGus+emer Aftm �tmnedicfe Aeee" i xr►edin#e- Access I mnediafe- Access 200-5F 300-5F 300-SF 300 SF Maintenance Area 750 SF 1,000 SF 1,000 SF 1,250 SF Hangar 3,000 SF 10,000 SF 10,000 5F 12,000 SF Faci l ities sholl include customer, administrative. maintenance, and hangar areas. A. Customer area shall include adequate space for (or in the case of a Sublessee. immediate access to) customer lounge, public use telephone, and restrooms B. Administrative area shall include adequate and dedicated space for employee offices, work areas and storage C. Maintenance area shall include adequate space for employee work areas. shop areas, and storage for Aircraft parts and equipment. D. Hangar area sholI be at least equal to the square footage required for the type of Aircraft Maintenance being provided (as identified above) or large enough to accommodate the largest Aircraft undergoing Aircraft Maintenance (other than preventative Aircraft Maintenance as described in 14 CFR Part 43) whichever is greater. 6+ruelt *kraugh passages are deleted. 74 Underlined passages are added. U Licenses and Certification W All Operators' personnel shall be properly certificated by the FAA, current and hold the appropriate ratings for the work being performed. u Personnel u Operator shall provide a sufficient number of personnel to adequately and safely carry out Aircraft Maintenance in a courteous prompt, and efficient manner and meet the reasonable demands of the public for this Activity. An Operator conducting Aircraft Maintenance on Piston Aircraft shall employ one (1) A & P Mechanic and one (1) customer service representative as Employees (on each shift). A. A & P Mechanic and/or non -certificated mechanic may fulfill the responsibilities of the customer service representative unless mechanic is performing duties off Airport. An Operator conducting Aircraft Maintenance on Turboprop or Turboiet Aircraft shall employ two (2) A & P Mechanics and one (1) customer service representative as Employees (on each shift). A. A & P Mechanic and/or non -certificated mechanic may fulfill the responsibilities of the customer service representative unless mechanic is performing duties off Airport. '4 An Operator conducting 100 hour, annual or phase inspections shall employ an A & P Mechanic certified as an IA (Inspection Authority). fe) Egui_ pm nt jI An Operator shall maintain sufficient Equipment supplies. and ayailabili fyof parts as required for the type of Aircraft Maintenance being performed. Equipment requirements include tugs tow bars jacks dollies. and other equipment, ent supplies, and parts r Quired to perform the Activity. ffi Hours of Activity (1) Operator shall be open and services shall be available to meet reasonable demands of the public for this Activity, at least five days a week eight hours a day. Insurance (1) Operator shall maintain at a minimum the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements. Section 1-2.3-88. Avionics or instrument maintenance operator (SASO) (,aq Introduction j1 An Avionics or Instrument Maintenance Operator is a Commercial 5#raek through passages are deleted. 75 Underlined passages are added. Operator engaged in the business of maintenance or alteration of one or more of the items described in 14 CFR Part 43 Appendix A (i.e., Aircraft radios, electrical systems or instruments) L2) In addition to the General Requirements set forth in Section 1-2 3-84 each Avionics or Instrument Maintenance Operator at the Airport shall comply with the following minimum standards set forth in this Section 1-2.3-89. u Operator engaging in this Activity shall have adequate land Apron facilities and Vehicle Parking to accommodate all Activities of the Operator and all approved Sublessees, but not less than the following square footages which are not cumulative. (1) For Operators performing just benchwork (i.e.. no removal and replacement services are being performed), the minimums which are based upon the type of Aircraft avionics or instruments being tested and/or repaired, are as follows 5.2.12 (excluding hangar requirements) For Operators performing services beyond benchwork (i.e., removal and replacement services are being performed). the minimums which are based upon the type of Aircraft avionics or instruments being tested and/or repaired, are as follows: Table 2 Facilities Groups I and II Piston Aircraft Groups I and II Turboprop Aircraft Groups I and II Turboiet Aircraft Grou III Turbojet Aircraft Area -(Lessee) 400-SF 400 5F 480-SF 409-SF Customer A; ect (Sublessee Iinrnediete Access Imn-ed+ate Access impnedia#c ,Access immediate Aeee" Administrofive Area 2906 399 SF 300 SF 300 SF Maintenance Area 750 5F 1,0 00 5F 1.0 00 5F 1,250 5F Hangar 3,000 SF 10.0 00 5F 10.0 00 SF 1 12.0 00 5F u Facilities shall include customer, administrative, maintenance, and hangar (if required) areas. A. Customer area shall include adequate space for customer lounge, public use telephone, and restrooms. B. Administrative area shall include adequate and dedicated space for employee offices, work areas, and storage. C. Maintenance area shall include adequate space for employee work areas, shop areas, and storage for Aircraft parts and equipment. Streek#hretigh passages are deleted. 76 Underlined passages are added. D. Hangar area (if required) shall be at least equal to the square footage stipulated for the type of service being provided (as identified above) or large enough to accommodate the largest Aircraft undergoing maintenance or alteration of avionics or instruments and/or removal and replacement services, whichever is greater. Lc) Licenses and Certifications Personnel shall be properly certificated by the FAA and the Federal Communications Commission (FCC) current and hold the appropriate ratings for the work being performed. Personnel 0 Operator shall provide a sufficient number of personnel to adequately and safes carry out Activity in a courteous prompt, and efficient manner adequate to meet the reasonable demands of the public seeking such services. A. An Operator conducting avionics or instrument maintenance on Piston Aircraft shall employ one (1) avionics or instrument technician and one (1) customer service representative as Employees on each shift). i. Avionics or instrument technician may fulfill the responsibilities of the customer service representative unless avionics or instrument technician is performing duties off Airport. B. An Operator conducting avionics or instrument maintenance on Turboprop or Turbojet Aircraft shall employ two (2) avionics or instrument technicians and one (1) customer service representative as Employees (on each shift). I. An avionics or instrument technician may fulfill the responsibilities of the customer service representative unless both avionics or instrument technicians are performing duties off Airport. Equipment An Operator conducting Avionics or Instrument Maintenance on Group I and/or Group II Turboprop or Turbojet Airport shall provide sufficient shop space Equipment supplies and availability of parts as required for certification as an FAA Repair Station. (� Operator shall provide suf f icient Equipment,supplies and availability of parts to safely accommodate its largest serviced Aircraft. (f) Hours of Activity f Operator shall be open and services shall be available to meet the reasonable demands of the general public for this Activity five days a trough passages are deleted. 77 Underlined passages are added. week. eight hours a day. (_q) Insurance U1 Operator shall maintain at a minimum the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements. Section 1-2.3-89. Aircraft rental or flight training operator (SASO) Ua Introduction u An Aircraft Rental Operator is a Commercial Operator engaged in the rental of Aircraft to the general public u A Flight Training Operator is a Commercial Operator engaged in providing Flight Training to the general public A. A person holding a current FAA flight instructor's certificate who gives occasional Flight Training (does not make Flight Training available to the general public) to an owner of an Aircraft in the owner's Aircraft shall not be deemed a Commercial Activity. In addition to the General Requirements set forth in Section 1-2 3-84 each Aircraft Rental or Flight Training Operator at the Airport shall comply with the following minimum standards set forth in this section Leased Premises u Operator engaging in this Activity shall have adequate land Apron/Paved Tiedown, facilities. and Vehicle Parking to accommodate all Activities of the Operator and all approved 5ublessee(s) but not less than the following: A. Apron/Paved Tiedowns (Lessee only) shall be adequate to accommodate four (4) Aircraft having a minimum wingspan of 40 eet. I. If Operator utilizes a hangar for the storage of Operator's entire fleet of Aircraft at the Airport Paved Tiedowns are not required. B. Facilities shall include customer and administrative areas. Maintenance and hangar areas are required if Operator is conducting Aircraft Maintenance on Aircraft owned leased and/or operated by (and under the full and exclusive control of) Operator. If Operator provides Aircraft Maintenance on other Aircraft. Operator shall meet the minimum standards for an Aircraft Maintenance Operator. I. Customer area (Lessee) shall be at least 500 square feet to include adequate space for customer lounge Strdek 4hrough passages are deleted. 78 Underlined passages are added. class/training rooms. public use telephone, and restrooms. A copy of the Airport's Voluntary Noise Abatement Program shall be posted in the customer area. ii. Customer area (Sublessee) shall be at least 250 square feet to include adequate space for class/training rooms. Operator's customers shall have immediate access to customer lounge public use telephone and restrooms. iii. Administrative area shall be at least 300 square feet to include adequate and dedicated space for employee offices work areas, and storage. iv. Hangar area (Lessee) if required shall be at least 2,500 sQuare feet or lame enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator, whichever is greater. v_. Hangar area (Sublessee) if required, shall be large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator. vi. Maintenance area if required shall be at least 250 square feet to include adequate space for employee work areas shop areas and storage for Aircraft parts and equipment. Lc) Licenses and Certifications Personnel performing Aircraft proficiency checks and/or Flight Training shall be properly certificated by the FAA, current, and hold the appropriate ratings and medical certification for the Aircraft being utilized and/or Flight Training being provided. A. Flight Training Operators shall have at least one (1) flight instructor with the appropriate ratings and medical certification to provide Flight Training for an instrument rating. Personnel (1 Operator shall provide a sufficient number of personnel to adequately and safely carry out Aircraft rental and/or Flight Training in a courteous prompt and efficient manner adequate to meet the reasonable demands of the public/members seeking such services. A. Operator shall employ one (1) flight instructor and one (1) customer service representative as Employees to be available during required Hours of Activity as set forth above. I. One of the required flight instructors may fulfill the responsibilities of the customer service representative unless the flight instructor is performing duties off - Airport. 6#rwele #hreegk passages are deleted. 79 Underlined passages are added. B. Flight Training Operators shall have available a properly certificated around school instructor capable of providing on - demand around school instruction sufficient to enable students to pass the FAA written examinations for private pilot commercial pilot, and instrument rating_ (e) Equipment u Operator shall have available for rental or use in Flight Training either owned by or under written lease to Operator and under the full and exclusive control of Operator, no less than three (3) properly certified and currently airworthy Piston Aircraft at least one of which shall be equipped for and fully capable of flight under instrument conditions and one of which shall be a multi -engine Aircraft L21 Flight Training Operators shall provide at a minimum adequate mock- ups, still and motion pictures or other training aids necessary to provide proper and effective ground school instruction (f) Hours of Activity An Aircraft Rental Operator and a Flight Training Operator shall be open and services shall be available to meet the reasonable demands of the public for this Activity five days a week eight hours a day_ (2) An Aircraft Rental Operator and a Flight Training Operator shall provide a copy of the Airport's Voluntary Noise Abatement Program brochure to all lessees and students and shall instruct them on the provisions of the program. (g) Insurance (i) Operator shall maintain, at a minimum. the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements. (2) Disclosure Requirement: Any Operator conducting Aircraft rental sales or Flight Training shall post a notice and incorporate within the rental and Flight Training agreements the coverage and limits provided to the renter or student by Operator, as well as a statement advising that additional coverage is available to such renter or student through the purchase of an individual non -ownership liability policy. Operator shall provide a copy of such notice to the Airport Director. Section 1-2.3-90. Aircraft charter or aircraft management operator (SASO) (a) Introduction An Aircraft Charter Operator is a Commercial Operator engaged in on - demand common carriage for persons or Property (as defined in 14 CFR Part 135) or operates in private carriage under 14 CFR Part 125 Street M eugh passages are deleted. 80 Underlined Passages are added. u An Aircraft Management Operator is a Commercial Operator engaged in the business of providing Aircraft management including but not limited to flight dispatch flight crews or Aircraft Maintenance coordination to the general public. In addition to the General Requirements set forth in Section 1-2.3-84, each Aircraft Charter Operator and Aircraft Management Operator at the Airport shall comply with the following minimum standards set forth in this Section. (b) Leased Premises u Operator engaging in this Activity shall have adequate land (see Section 2.5.1), Apron/Paved Tiedown (see Section 2 5 2) facilities. and Vehicle Parking (see Section 2 5 3) to accommodate all Activities of the Operator and all approved Sublessee(s) but not less than the following', A. Apron/Paved Tiedowns (Lessee only) shall be adequate to accommodate two (2) Aircraft having a minimum wingspan of 40 eet. I. If Operator utilizes a hangar for the storage of Operator's entire fleet at the Airport no Paved Tiedowns will be required. B. Facilities shall include customer and administrative areas. Maintenance and hangar areas are required if Operator is conducting Aircraft Maintenance on Aircraft owned, leased, and/or operated by (and under the full and exclusive control of) Operator. If Operator provides Aircraft Maintenance on other Aircraft Operator shall meet the minimum standards for an Aircraft Maintenance Operator. I. Customer area (Lessee) shall be at least 250 square feet to include adequate space for customer lounge, public use telephone, and restrooms. ii. Customer area (Sublessee): Customers shall have immediate access to customer lounge (if appropriate), public use telephone, and restrooms. iii. Administrative area shall be at least 250 square feet and shall include adequate and dedicated space for employee offices work areas, and storage. iv. Hangar area (Lessee) if required shall be at least 2.500 square feet or large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator, whichever is greater. v_. Hangar area (Sublessee) if required, shall be large enough to accommodate the largest Aircraft in ugh passages are deleted. 81 Underlined passages are added. Operator's fleet at the Airport maintained by Operator. vi. Maintenance area. if required shall be at least 250 square feet and shall include adequate space for employee work areas shop areas and storage for Aircraft parts and equipment Lc) Licenses and Certifications Aircraft Charter Operators shall have and provide copies to the Airport Director of all appropriate certifications and approvals including without limitation. FAA issued operating certificates) Any time certifications or approvals are modified the updated documentation (reflecting the changes) shall be immediately provided to the Airport Director. (2) Personnel shall be properly certificated by the FAA current and hold the appropriate ratings in the Aircraft utilized and medical certifications for Activity (d) Personnel u Operator shall provide a sufficient number of personnel to adequately and safely carry out Activity in a courteous prompt and efficient manner adequate to meet the reasonable demands of the public seeking such services. A. Aircraft Charter Operator shall employ one 1 pilot and one (1) customer service representative as Employees (on each shift) I. The pilot may fulfill the responsibilities of the customer service representative unless the pilot is performing duties off -Airport B. Aircraft Management Operator shall employ one (1) customer service representative as an Employee (on each shift). Equipment 01 Aircraft Charter Operator shall provide, either owned or underwritten lease to Operator and under the full and exclusive control of Operator. one (1) certified, continuously airworthy, and instrument qualified Aircraft. (f) Hours of Activity Operator shall be open and services shall be available to meet the reasonable demands of the public for this Activity five days a week eight hours a day. (g) Insurance Operator shall maintain, at a minimum. the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements. ugh passages are deleted. 82 Underlined passages are added. Section 1-2.3-91. Aircraft sales operator(SASO) (a) Introduction An Aircraft Sales Operator is a Commercial Operator engaged in the sale of three (3) or more new and/or used Aircraft during a 12-month ep riod. In addition to the General Requirements set forth in Section 1-2.3-84, each Aircraft Sales Operator at the Airport shall comply with the following minimum standards set forth in this Section 8. u Leased Premises Operator engaging in this Activity shall have adequate land. Apron/PavedTiedown facilities and Vehicle Parking to accommodate all Activities of the Operator and all approved Sublessees) but not less than the following: A. Apron/Paved Tiedowns (Lessee only) shall be adequate to accommodate four (4) Aircraft having a minimum wingspan of 40 eet. I. If Operator utilizes a hangar for the storage of Operator's entire fleet at the Airport (inventory), no Paved Tiedowns will be required. B. Facilities shall include customer and administrative areas. Maintenance and hangar areas are required if Operator is conducting Aircraft Maintenance on Aircraft owned, leased. and/or operated by (and under the full and exclusive control of) Operator. If Operator provides Aircraft Maintenance on other Aircraft Operator shall meet the minimum standards for an Aircraft Maintenance Operator. I. Customer area (Lessee) shall be at least 250 square feet and shall include adequate space for customer lounge, public use telephone, and restrooms. H. Customer area (Sublessee) Customers shall have immediate access to customer lounge (if appropriate) public use telephone, and restrooms. iii. Administrative area shall be at least 250 square feet and shall include adequate and dedicated space for employee offices work areas, and storage. iv. Hangar area (Lessee) if required shall be at least 2.500 square feet or large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator, whichever is greater. v_. Hangar area (Sublessee) if required shall be large F.# -tiele #Iii-edgh passages are deleted. 83 Underlined passages are added. enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator. vi. Maintenance area. if required shall be at least 250 square feet and shall include adequate space for employee work areas shop areas and storage for Aircraft parts and equipment U Dealership (l) An Operator which is an authorized factory sales franchise dealer or distributor, either on a retail or wholesale basis shall have available or shall make available (with advance notice) at least one (1) current model demonstrator of Aircraft in each of its authorized product lines (d) Licenses and Certifications .() Personnel shall be properly certificated by the FAA current and hold the appropriate ratings and medical certification for providing flight demonstration in Aircraft offered for sale (e) Personnel (1) Operator shall provide a sufficient number of personnel to adequately and safely carry out Activity in a prompt and efficient manner adequate to meet the reasonable demand of the public seeking such services A. Operator shall employ one 1) current commercial pilot and one (1) customer service representative as Employees (on each shift). I. The Operator may fulfill the responsibilities of the commercial pilot and/or customer service representative ii. The commercial pilot may fulfill the responsibilities of the customer service representative unless the commercial pilot is performing duties off Airport (f) Equipment ill Operator shall provide necessary and satisfactory arrangements for Aircraft Maintenance in accordance with any sales guarantee or warranty_ period. Hours of Activity Operator shall be open and service shall be available to meet the reasonable demands of the public for this Activity five days a week eight hours a day. (h) Insurance (1) Operator shall maintain, at a minimum, the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements. &trdek4hreegh passages are deleted. 84 Underlined passages are added. Section 1-2.3-92. Other commercial aeronautical activities (SASO) (a) Introduction This section pertains to other commercial aeronautical SASOs engaging in limited Aircraft services and support Activities miscellaneous Commercial services and support Activities) or other air transportation services for hire Activities. A. Limited Aircraft Services and Support - are defined as limited Aircraft engine or accessory support (e g cleaning washing, waxing painting, upholstery, propeller repair, etc.) or other related (miscellaneous) Aircraft services and support Activities. B. Miscellaneous Commercial Services and Support - are defined as ground schools simulator training scheduling and dispatching (fight coordination and aircrew management) or any other related (miscellaneous) Commercial services and support Activities. C. Other Air Transportation Services for Hire - are defined as non-stop sightseeing flights (flights that begin and end at the Airport and are conducted within a 25 statute mile radius of the Airport); flights for aerial photography or survey, fire fighting, and power line underground cable or pipe line patrol; helicopter operations relating to construction or repair work' or other related (miscellaneous) air transportation services for hire. In addition to the General Requirements set forth in Section 1-23-84. each of the SASOs described above at the Airport shall comply with the following_ minimum standards set forth in this Section 1-2.3-93. Leased Premises u Operator engaging in this Activity shall have adequate land. Apron/Paved Tiedown facilities and Vehicle Parking, if appropriate, to accommodate all Activities of the Operator and all approved Sublessees) The following provides the necessary minimums for the appropriate land Apron facilities and Vehicle Parking, when appropriate; A. Apron/Paved Tiedowns (Lessee only) shall be adequate to accommodate four (4) Aircraft having a minimum wingspan of 40 eet. I. If Operator utilizes a hangar for the storage of Operator's entire fleet at the Airport no Paved Tiedowns will be required. B. Facilities shall include customer and administrative areas. Maintenance and hangar areas are required if Operator is Struck through passages are deleted. 85 Underlined passages are added. conducting Aircraft Maintenance on Aircraft owned leased and/or operated by (and under the full and exclusive control off Operator. If Operator provides Aircraft Maintenance on other Aircraft. Operator shall meet the minimum standards for an Aircraft Maintenance Operator. I. Customer area (Lessee) shall be at least 250 square feet and shall include adequate space for customer loupe public use telephone. and restrooms ii. Customer area (Sublessee): If appropriate customers shall have immediate access to customer lounge (if appropriate), public use telephone and restrooms Hi. Administrative area (if appropriate) shall be at least 250 square feet or sufficient to accommodate the administrative functions associated with the Activity, whichever is greater, and shall include adequate and dedicated space for employee offices work areas and storage. iv. Hangar area (Lessee), if required shall be at least 2,500 square feet or large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator, whichever is greater. v_. Hangar area (Sublessee), if required shall be large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator. vi. Maintenance area, if required, shall be at least 250 square feet and shall include adequate space for employee work areas, shop areas and storage for Aircraft parts and equipment. Lc) Licenses and Certifications ( Operator shall have and provide to the Airport evidence of all Agency licenses and certificates that are required to conduct the Activity_ (d) Personnel UI Operator shall provide a sufficient number of personnel to adequately and safely carry out its Activity in a courteous prompt and efficient manner adequate to meet the reasonable demands of the public seeking such services. Le) Equipment u Operator shall have (based at the Airport) either owned or under written lease to (and under the full and exclusive control of) Operator, sufficient Vehicles Equipment and if appropriate one continuously airworthy Aircraft. Lek threHgh passages are deleted. 86 Underlined passages are added. Operator shall have sufficient supplies and parts available to support the Activity. Lo Hours of Activity Operator shall be open and services shall be available during the hours maintained by entities engaging in the same similar, or competitive Activities Operator's services shall beavailable to meet the reasonable demands of the general public for the Activity. Insurance (I Operator shall maintain at a minimum the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements, Section 1-2.3-93. Temporary specialized aviation service operator (TSAM (n) Introduction u The County recognizes that Aircraft Operators using the Airport may (from time to time) have specialized service requirements (i.e. Aircraft Maintenance and/or Flight Training) When specialized assistance is required but is not available at the Airport through existing Operators due to the specialized nature of the service requirements and/or existing Operators are unable to provide the services required within a reasonable timeframe the Aircraft Operator may solicit and utilize the services of a third party. A. Aircraft Operator shall initialize the process by informing the Airport Director about the desired specialized services, timeframe for the execution of said services and the Temporary Specialized Aviation Service Operator to provide said services. B Aircraft Operator is responsible for assuring compliance of all RegulatoU Measures by the Temporary Specialized Aviation Service Operator while on the Airport. In addition to the appropriate General Requirements set forth in Section 1 2 3-84 each Temporary Specialized Commercial Aeronautical Operator at the Airport shall comply with the following minimum standards set forth in this Section 1-23.-93. u Scope of Activity LI) Temporary Specialized Aviation Service Operator shall conduct Activity on and from the Leased Premises of the Aircraft Operator in a first- class manner consistent with the degree of care and skill exercised by experienced Operators providing comparable products and services and engaging in similar Activities. 6t-rygh passages are deleted. 87 Underlined passages are added. (c) Commercial Aeronautical Activity Permit u Aircraft Operator must submit written request to the Airport Director on behalf of Temporary Specialized Aviation Service Operator, (2) Temporary Specialized Commercial Aeronautical Operator shall obtain a Commercial Aeronautical Activity Permit approved by the Airport Director for a specific period of time (typically no more than 30-days) prior to engaging in Activity on the Airport A. Renewal shall be subject to the Tempos Specialized Commercial Aeronautical Operator's compliance with all terms and conditions of the approved Commercial Aeronautical Activity Permit. L3,) Temporary Specialized Commercial Aeronautical Operator shall comply with all requirements for the permitted Activities and limit service provided to the entity(ies), area(s)and timeframe identified in the approved Commercial Aeronautical Activity Permit (4) Aircraft Operators requiring after -hour or weekend service by a Temporary Specialized Aviation Service Operator must notify the Airport Director the following normal business day. A. Aircraft Operator is responsible for assuring compliance of all Regulatory Measures by the Temporary Specialized Aviation Service Operator while on the Airport (d) Licenses and Certifications (1) Temporary Specialized Commercial Aeronautical Operator shall have and provide to the Airport Director evidence of all Agency licenses and certificates upon request. (e) Insurance (D Temporary Specialized Commercial Aeronautical Operator shall maintain, at a minimum, the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements. Section 1-2.3-94. Non -tenant aviation service operator (NTASO) `'a Introduction (1) The County recognizes that Aircraft Operators using the Airport may (from time to time) desire to obtain aviation services from service operators not located on the Airport. In such instances the Aircraft Operator may solicit and utilize the services of a Non - Tenant Aviation Service Operator which has been issued a WAS Permit by an FBO in accordance with the provisions of this section A. No Non -Tenant Aviation Service Operator shall be permitted to conduct business at the Airport without first obtaining a through passages are deleted. B8 Underlined oassaaes are added. WAS Permit using the form provided by the County. Thereafter, the Non Tenant Aviation Service Operator shall only conduct such Business as authorized by the Permit. Permits shall be issued on an annual basis. B. The FBO issuing the WAS Permit is responsible for assuring compliance of all Regulatory Measures by the Non -Tenant Aviation Service Operator while on the Airport. '2 In addition to the appropriate General Requirements set forth in Section 1 2 3 84 each Non -Tenant Aviation Service Operator at the Airport shall comma with the following minimum standards set forth in this Section 1-23.-94. Scope of Activity Non Tenant Aviation Service Operators shall conduct Activity on and from the Leased Premises of the FBO in a first-class manner consistent with the degree of care and skill exercised by experienced Operators providing comparable products and services and engaging in similar Activities. O Non Tenant Aviation Service Operator (NTASO) Permit Aircraft Operator must submit written request to an FBO on behalf of Non -Tenant Aviation Service Operator. Non Tenant Aviation Service Operator shall obtain a Non -Tenant Aviation Service Operator Permit approved by the FBO for a specific period of time prior to engaging in Activity on the Airport. The FBO shall submit a copy of the Permit to the Airport Director for her records Issuance of the Permit shall be subiect to the payment of a fee_pursuant to the fee schedule adopted by the Board of County Commissioners by resolution. A. Renewal shall be subject to the Non -Tenant Aviation Service Operator's compliance with all terms and conditions of the Non Tenant Aviation Service Operator Permit. Non Tenant Aviation Service Operator shall comply with all requirements for the per!pitted Activities and limit service provided to the entitty(ies) areas) and timeframe identified in the approved Commercial Aeronautical Activity Permit. Licenses and Certifications Non Tenant Aviation Service Operator shall have and provide to the FBO evidence of all Agency licenses and certificates upon request. (el Insurance '1 Non Tenant Aviation Service Operator shall maintain at a minimum. the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements. &trdek4-lqreegk passages are deleted. 89 Underlined passages are added. Section 1-2.3-95 Commercial aeronautical activity application La) Lessee u Any entity desiring to lease land and/or Improvements from the County and engage in a Commercial Aeronautical Activity at the Airport shall submit a written application to the Airport Director. u The Applicant shall submit all of the information requested on the application form and thereafter shall submit any additional information that may be required or requested by the Airport Director in order to properly and fully evaluate the application and facilitate an analysis of the prospective operation including but not limited to verifiable Qualifications and experience past and current financial results (performance). condition and capacity (as evidenced by historical and current financial statements) references etc .(3j No application will be deemed complete that does not provide the Airport Director with the information necessary to allow the Airport Director and/or the County to make a meaningful assessment of Applicant's prospective operation and determine whether or not the prospective operation will comps with all applicable Regulatory Measures and be compatible with the Airport's Master Plan Airport Layout Plan, or land use plan (if any) Following review and approval by the Airport Director and the County negotiations for an Agreement shall commence u Prior to an existing Lessee engaging in any Activity not permitted under the Agreement or changing or expanding the scope of Activities permitted under the Agreement the Operator shall submit a completed application for a Commercial Aeronautical Activity and receive written approval from the Airport Director (and if necessary an amendment to the Agreement) prior to conducting Activity(ies) not permitted under the Agreement. Sublessee Any entity desiring to sublease land or Improvements and engage in a Commercial Aeronautical Activity at the Airport shall provide evidence to the Lessor that they meet the applicable sections of these Minimum Standards. Sublessee/Operator shall be required to meet and adhere to all applicable provisions of Lessor's Agreement S#reeif#krectgh passages are deleted. 90 Underlined aassaaes are added. Section 1-2.3-96. Non Commercial hangar operator (a) Introduction i11 A Non Commercial Hagar Operator is an entity that develops or constructs one or more hangar structures for the primary purpose of storing Aircraft used for Non -Commercial purposes only by the Non - Commercial Hangar Operator. u In addition to the appropriate General Requirements set forth in Section 1 23 84 each Non -Commercial Hangar Operator at the Airport shall comply with the following Minimum Standards set forth in this Section. u Scope of Activity Ll Non Commercial Hangar Operator shall use the Leased Premises for Aircraft owned leased and/or operated by (and under the full and exclusive control of) Operator for Non -Commercial purposes. A. If Aircraft is leased Non -Commercial Hangar Operator shall provide the Airport Director with a copy of the Aircraft lease. The Airport Director will determine if an Aircraft lease is commercials reasonable. No Commercial Activity of any kind shall be permitted on or from the Leased Premises. j31 A Non Commercial Hangar operator shall not be permitted to Sublease any land or Improvements on the Leased Premises for any purpose. U Leased Premises A Non Commercial Haar Operator engaging in this Activity shall have adequate land Apron/Paved Tiedown (see Section 2 5 2) facilities. and Vehicle Parking (see Section 2 5 3)to accommodate all Activities of the Operator, but not less than the following square footages which are not cumulative: Table 3 Group II Group III Group I Piston and Group II Piston and Group I Turbojet urbo et Turbo! Turbojet Turboprop Aircraft Turboprop Aircraft Aircraft Aircraft Aircraft Facilities Hangar Storage Hangar Storage Hangar Storage Hangar Hangar Storn a Stara e Han ar 2,500 SF 5,000 5F 7,500 SF 10,000 -1 1 121000 SF A. The development of Non -Commercial hangar(s) shall be limited to the following types of hangar structures: I. Single structures of not less than 2,500 square feet, completely enclosed or ooyl passages are deleted. 91 Underlined passages are added. ii. 5inale structures of not less than 5,000 square feet sub -divided and configured (although each unit shall not be less than 1,250 square feet) to accommodate individual boys for the storage of Aircraft Ownership Structure u Hangar development may be accomplished by any entity. including Associations. A. Association membership shall be contingent upon ownership interest in the Association of a proportionate share of the Non - Commercial hangar facility which shall consist of not less than one individual hangar, or an equal portion of the "common" hangar area which is consistent with the total number of members/shareholders (such area not to be less than 1,250 total square feet). B. All members/shareholders of the Association shall be declared to the Airport Director at the time the application for development and Activity is submitted Thereafter. the Association and/or each member/shareholder of the Association shall be required to demonstrate ownership (as required herein) as requested by the Airport Director from time to time Association shall appoint (be represented by) one individual The hangar facilities developed and utilized by the Association shall be exclusively for storage of Aircraft owned by the member(s)/shareholder(s) of the Association C. The Association may not utilize nor cause the Leased Premises to be utilized for speculative development of either the Leased Premises or the Improvements located thereupon D. Each member/shareholder of the Association shall be responsible and jointly and severally liable with all other members/shareholder for the Association's compliance with these Minimum Standards, and each member/shareholder of the Association shall upon written request by the Airport Director, provide appropriate written confirmation of membership status or share ownership. All Association members/shareholders declared to the Airport Director in accordance with paragraph 12.4.1.2 hereof shall remain jointly and severally liable to the County for the Association's compliance with these Minimum Standards, regardless of whether the membership or ownersh of the Association changes, unless a release of the liability of a former Association member is approved in writing by the BOCC u Insurance S#ruck threcgk passages are deleted. 92 Underlined passages are added. II Non Commercial Hangar Operator shall maintain at a minimum, the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements Section 1-2.3-97. Private flying club. (a) Introduction and General Requirements A Private Flying Club is an entity that is legally formed as a non-profit entity with the state of Florida and operates on a non-profit basis (so as not to receive revenues greater than the costs to operate maintain, acquire and/or replace Private Flying Club aircraft). A. Each Private Flying Club member (Owner) must have an ownership interest in Private Flying Club. B. Private Flying Club shall keep on file and available for review by the Airport Director, a complete membership list and investment (ownership) share held by each member including a record of all members (past and present) with full names addresses, and the date the membership began and ended. fZ Each Private Flying Club shall file and keep current with the Airport Director, upon request: A. Copies of bylaws articles of incorporation operating rules membership agreements and the location and address of the club's registered office. B. Roster of all officers and directors including home and business addresses and phone numbers. C. Designee responsible for compliance with these Minimum Standards and other Regulatory Measures. A Private Fling Clubs shall not be required to meet the minimum standards stipulated for Aircraft Rental or Flight Training Operators so long as the Private Flying Club's membership is not operated for Commercialpurposes. No member (Owner) of a Private Flying Club shall receive Compensation for services provided for such Private Flying Club or its members (owners) unless such member (owner) is an authorized Operator with the County. This does not include the provision of flight instruction relating to aircraft checkout and/or currency (e.g.. biannual flight reviews instrument p_roficiengy checks etc) provided by a Private Flying Club member (on an exclusive basis) to other Private Flying Club members. u Private Fling Club Aircraft shall not be used by other than members (owners). S#rnek #hrengh passages are deleted. 93 Underlined passages are added. u No member (owner) shall use Private Flying Club Aircraft in exchange or Compensation (payment) This does not include reimbursement for expenses associated with the use of Private Flying Club aircraft Section 1-2.3-98. Non -commerical self -fueling permittee (a) Introduction All entities desirous of Self -Fueling shall be accorded a reasonable opportunity. without unlawful discrimination to qualify and receive a Non -Commercial Self -Fueling Permit A. Those entities that have Agreements granting them the rights to perform commercial Fueling (e.g.. FBO) are not required to apply for a Non -Commercial Self -Fueling Permit B. This excludes entities conducting Non -Commercial Self -Fueling through the utilization of 5 gallon fueling containers However, these entities must follow the applicable Rules and Regulations This Section 1-2.3-97 sets forth the standards prerequisite to an entity desirous of engaging in Non -Commercial Self -Fueling at the Airport. In addition to the applicable General Requirements set forth in Section 1-2.3-84, each entity conducting Non -Commercial Self -Fueling activities at the Airport shall comply with the following minimum standards set forth in this Section. Permit/Approval u No entity shall engage in Self -Fueling activities unless a valid Non - Commercial Self -Fueling Permit authorizing such activity has been obtained from the Airport Director. Such entities shall herein be referred to as "Self -Fueling Permittees". (2) The Non -Commercial Self -Fueling Permit shall not reduce or limit Self - Fueling Permittee's obligations with respect to these Self -Fueling standards, which shall be included in the Non -Commercial Self -Fueling Permit by reference. L3) Prior to issuance and subsequently upon request by the Airport Director, Self -Fueling Permittee shall provide evidence of ownership or lease of any Aircraft being operated (under the full and exclusive control of) and Fueled by Self -Fueling Permittee u Reporting (1) Self -Fueling Permittee shall report all Fuel delivered to the approved Self -Fueling Permittee's Fuel storage facility during each calendar month and submit a summary report along with appropriate fees and charges due the County on or before the 10'h day of the subsequent Struek througk passages are deleted. 94 Underlined Passages are added. month. U2 Self Fueling Permittee shall during the term of the Non -Commercial Self Fueling Permit and for 3 years thereafter maintain records identifying the total number of aviation Fuel gallons purchased and delivered Records (and meters) shall be made available for audit to the County or representatives of the County. In the case of a discrepancy. Self Fueling_ Permittee shall promptly pay in cash all additional rates, fees and charges due the County plus annual interest on the unpaid balance at the lesser of 18% or the maximum rate allowable by law from the date originally due. Fuel Storage U Self Fueling Permittee shall arrange and demonstrate that satisfactory arrangements have been made for the storage of Fuel, as follows: A. Through either an authorized FBO at the Airport or B. In a centrals located Fuel storage area approved by the BOCC. I. Operators authorized by the County shall lease land and construct or install a Fuel storage facility in the centrally located Fuel storoge area. ii. In no event shall the total storage capacity be less than 12,000 gallons for Jet Fuel or 10,000 gallons for Avgas. C. Self -Fueling Permittee shall be liable and indemnify the County for all leaks spills or other damage that may result through the handling and dispensing of Fuel. D. Fuel delivered shall be clean bright pure and free of microscopic organisms water or other contaminants. Ensuring the quality of the Fuel is the responsibility of Self -Fueling Permittee. Le) Fueling_ Equipment u Self -Fueling Permittee shall utilize a single Refueling Vehicle for each type of Fuel to be dispensed with a minimum capacity of 750 gallons. Avgas Refueling_Vehicles shall have a maximum capacity of 1200 gallons and Jet Refueling Vehicles shall have a maximum capacity of 3,000 gallons All Refueling Vehicles shall be capable of bottom loading. u Each Refueling Vehicle shall be equipped and maintained to comply at all times with all applicable safety and fire prevention requirements, standards and Regulatory Measures including without limitation, those prescribed by: A. State of Florida Fire Code and local fire district; B. National Fire Protection Association (NFPA) Codes; C. Florida Environmental Protection Agency; S#rnek-threugh passages are deleted. 95 Underlined passages are added. m rLON D. Applicable FAA Advisory Circulars (AC) including AC 00 34 "Aircraft Ground Handling and Servicing" and AC 150/5210 5 "Painting, Marking and Lighting of Vehicles Used On An Airport" Prior to transporting Fuel onto the Airport the Self -Fueling Permittee shall provide the Airport Director with a Spill Prevention Control and Countermeasures Plan (SPCC) that meets regulatory requirements for above around Fuel storage facilities An updated copy of such SPCC Plan shall be filed with the Airport Director at least 10 business days prior to actual implementation. Such plan shall describe in detail those methods that shall be used by the Self -Fueling Permittee to clean up any potentially hazardous Fuel spills The plan should include Equipment to be used. emergency contact personnel and their telephone numbers and all other details as to how the Self -Fueling Permittee would contain such a spill. This plan should also describe in detail what methods the Self -Fueling Permittee intends to use to prevent any such spill from occurring. In accordance with all applicable Regulatory Measures and appropriate industry practices. the Self -Fueling Permittee shall develop and maintain Standard Operating Procedures (SOP) for Fueling and shall ensure compliance with standards set forth in AC 00-34A entitled "Aircraft Ground Handling and Servicing" The SOP shall include a training plan Fuel quality assurance procedures record keeping and emergency response procedures for Fuel spills and fires The SOP shall also address the following: (1) bonding and fire protection (2) public protection. (3) control of access to Refueling Vehicle storage areas and (4) marking and labeling of Refueling Vehicles The 5OP shall be submitted to the Airport Director not later than 10 business dUs before the Self -Fueling Permittee commences self -fueling at the Airport. Limitations LI) Self -Fueling Permittees shall not sell and/or dispense Fuels to Based Aircraft or Transient Aircraft that are not owned leased and/or operated by (and under the full and exclusive control of) Self -Fueling Permittee. Any such selling or dispensing shall be grounds for immediate revocation of the Permit by the Airport Director. A. Revocation upon first violation will be for a period of one year. B. Revocation upon a second violation shall be permanent Insurance Self -Fueling Permittee shall maintain. at a minimum the coverages and policy limits set forth in Attachment A - Minimum Insurance Requirements. Straek # watigh passages are deleted. 96 Underlined passages are added. Section 1-2.3-99. Minimum insurance requirements. Minimum insurance requirements shall be as set forth in Attachment A. PART D. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART H. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Chris Craft XX Vice Chairman Joseph E. Smith XX Commissioner Charles Grande XX Commissioner Paula Lewis XX Commissioner Doug Coward XX PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. StrHek through passages are deleted. 97 Underlined passages are added. PASSED AND DULY ADOPTED THIS DAY OF , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 9:Natty\ordnance\2007\07-051.Pev.wpd 11/16/07 5#rwek threegh passages are deleted. 98 Underlined passages are added. En t-► r C C� (D n O C 3 K -s 7 d O' 7 D O! CD - :3 (D N D' O 7 C in v Q to d N O �O O ti � in D = n O z z 5 c � z n os c)� �� G) _ G)a G) c Z c� zi 9 T m a o rn ao °co CO °� _" _= D �cm m m 67 o ID C a m v`o .QC) N s ZT o o N y d d d d d m rD fD Z O.D O O m M Z m 0- c m o o z d r T d m 3 3 r r , c D O C ') c G) o c o 0 G7 d g, n O d n n O m n �+ O n > O O O ^n' ' m �, D W Gi N m 3 o a 2 2 P. 2, Z c °c D a 2 2 n 2 P� Ul co ro r 0 to D m Z D m D ao r O r -t m' $5,000,000 Each Aircraft r c o Q D No r Fixed Base Z 0 A r $15,000,000 Each Occurrence 0 0 oo W Operator 0 0 A 0 D. r o oo c oo (D oo O 3 W. ^:. Cn . N e+ 3 0 to C- -m 4v N N w N y rn vi to S^ u r � 3 Aircraft j ff o o (n m.' N o N o b 'r_n o in o 0 o En N N N w �: n o N o Maintenance Operator o m : D o 0 o a o 0 0 0 0 o o m. o CA o r C1 o o 0 o 0 O 0 O 0 O 0 O O o O O O O O o Z o O w o I ? et CST N N W N `n Avionics or y f^D :. N C O O N O N O O O N N N W �- O 0 0 0 o Instrument O i"!,; O O O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 N 0 O N 0 o y o o 0 3' Maintenance S Oro o 0 0 0 0 o o 0 0 0 0 0 0 0 0 ❑r o o �:. o,rr•. Operator O 0 0 0 0 o a o 0 0 0 o a o o o o rp o � CD0 0 n _ , V' Aircraft Rental or y_' o o o Flight o Training Operator A o u n Aircraft Charter or N N N N 0 O N Orcraft o i o 0 0 0 0 0 0 0 0 0 0: ` o o gment o Mana e n :'. o 0 0 0 0 o o o Operator Tn cn <» in ui i» y fH fA 69 EA lfi EA to � 2 N N N N O O En A - O O O O O O :. N N N N W � N s ER fA di fA fA C O fA Aircraft Sales o 0 0 0 0 0 O o 0 0 0 0 0 0 o a o N o N 0 0 o Operator 00 o O O 3 3 3 3 3 N N Other N 64 N N w mmercial OrA, o v a o 0 0 0 0 0 0 0 0 0 o N o N o o O nautical a 0 (D m m m 0 o 0 0 0 R N N rn o 0 0 0 0 0 o a o o 0 0 0 0 0 0 0 0 0 0- 0 o a o a oActivities o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 g O O O 0,01 O O 0 0 O 0 Temporary ,, Specialized Aviation 0 0 o Service 0 0 o Operator Non - :. `^ Commercial 0 0 o Hangar 0 0 ' o Operator +^ b Non- 0 0 o Commercial o 0 o Self -Fueling 0 Permdtee m a 0 0 0. i Z C E 2 m m 2 G \ 4 k 100 f INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County AttomeyOW C.A. NO: 07-2054 DATE: November 29, 2007 SUBJECT: Ordinance No. 07-051 — Proposed Revisions On December 4, 2007, the Board of County Commissioners will consider adoption of proposed Ordinance No. 07-051 which would which would adopt Primary Guiding Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the St. Lucie County International Airport. The County's airport consultant, Aviation Management Consulting Group, has provided the Airport Director with list of corrections to the ordinance which are set forth in the attached errata sheet. If you would prefer to receive a corrected copy of the complete ordinance, please let me know. The proposed revisions primarily reflect corrections to internal cross-reference numbers within the ordinance and do not constitute substantive changes to the text. In addition to these corrections, the consultant is also recommending that Section 1-2.3-80(c) on page 57 be further revised to retain the word "encouraged" in lieu of the proposed use of "required" in order to insure compliance with the FAA Grant Assurances which require that the County not discriminate against prospective tenants interested in available land at the airport. Based upon previous recommendations from the commissioners and tenants, the current draft of the ordinance deletes the customer and administrative area requirements for Aircraft Maintenance Operators and Avionics or Instruments Maintenance Operators. The consultant is further recommending that these requirements be deleted for the other single activity tenants in order to avoid any possibility of discrimination among the various categories of single activity tenants. For purposes of clarification, he also recommends that Section 1-2.3-93 (Temporary Specialized Aviation Service Operator) be deleted as these operators would duplicate the services to be provided by Non -Tenant Aviation Service Operators under Section 1-2.3-94. Staff recommends the Board adopt proposed Ordinance No. 07-051 with the revisions contained in the attached Errata and Revision Sheet. Attachment HY/ Copies to: County Administrator Assistant County Administrator Outlaw Airport Director Deputy Clerk Press/Public Ordinance No. 07-051 Errata and Revision Sheet-11/29/07 1. In the second "Whereas" clause, change the Chapter reference to "1-2.3" from "l-2.2" and change "Airports" to "Airport." (p.1) 2. In the third "Whereas" clause, change the Chapter references to 1-2.3" from "1-2.2." (P-1) 3. Delete the definition of "Control tower" in Section 1-2.3-1 as it is defined elsewhere in the section as "Air Traffic Control." (p. 5) 4. Delete the "Motor vehicle" in Section 1-2.3-1 (p.8) as it falls under the definition of "Vehicle" used elsewhere in the section. 5. Change the title of Article II to "General Provisions" as this is used throughout Article II to reference these sections. On a combined basis, General Provisions, Rules and Regulations, and Minimum Standards are known as Primary Guiding Documents. (p. 12) 6. The reference in Section 1-2.3-31(b) to "Section 1.17.5" should be "Section 1-2.3-31(h)." (p.24) 7. The reference in Section 1-2.3-31(f) to "Section 1.2.3-310)" should be "Section 1-2.3- 33." (p. 24) 8. The reference in Section 1-2.3-62(l)(2) to "Section 1.2.3-76(e)" should be "Section 1-2.3- 77(e)." (p. 42) 9. The reference in Section 1-2.3-79(c)(8) to "Section 2.17.3" should be "Section 1-2.3-55". (p.53) 10. In Section 1-2.3-800), delete "required" from the first line and reinsert "encouraged" in order to insure compliance with the Airport's Grant Assurances and the associated Advisory Circulars and Orders. (p.57) 11. The reference in Section 1-2.3-85(a)(1) to "Section 2" should be "Section 1-2.3-85". (p.59) 12. The reference in Section 1-2.3-86(a)(2) to "Section 3" should be "ordinance." (p.67) 13. The reference in Section 1-2.3-87(c)(1) to "Section 2.5.1" should be "Section 1-2.3- 85(e)." (p. 68) 14. The reference in Section 1-2.3-87(c)(1) to "Section 2.5.2 should be "Section 1-2.3- 85(f)." (p. 68) 1 4, 15. The reference in Section 1-2.3-87(c)(1) to "Section 2.5.3" should be "Section 1-2.3- 85(g)." (p. 68) 16. Renumber Section 1-2.3-87 (Aircraft Maintenance Operator (SASO) on page 73 to Section 1-2.3-88, and renumber all subsequent sections accordingly. 17. The reference in the current Section 1-2.3-87(a)(2) to "Section 1-2.3-84" should be "Section 1-2.3-85". (p. 73) 18. The reference in the current Section 1-2.3-87(a)(2) to "Section 1-2.3-85" should be "Section 1-2.3-87". (p.73) 19. The reference in the current Section 1-2.3-87(b)(1) to "Section 1-2.3-84" should be "Section 1-2.3-85(e), (f), and (g)." (p. 74) 20. Revise Table 1 in the second section of the current 1-2.3-87(b)(1) to add the header "Groups I and I1 Turbojet Aircraft" for the third column and the header "Group III Turbojet Aircraft" for the fourth column. (p. 74) 21. The reference in the current Section 1-2.3-88(a)(2) to "Section 1-2.3-84" should be "Section 1-2.3-85". (p. 76) 22. The reference in the current Section 1-2.3-88(b)(1) to "5.2.1.2" should be "in Section 1- 2.3-88(b)(2)." (p.76) 23. The reference in the current Section 1-2.3-89(a)(3) to "Section 1-2.3-84" should be "Section 1-2.3-85." (p. 78) 24. Delete the customer and administrative area requirements for Aircraft Rental or Flight Training Operators in the current Section 1-2.3-89(b)(I)-(iii) (p.79), Aircraft Charter or Aircraft Management Operators in the current Section 1-2.3-90(b)(I)B.I-iii (p. 81), Aircraft Sales Operators in the current Section 1-2.3-91(b)(1)B.I-iii (p. 83), and Other Commercial Aeronautical Activities in the current Section 1-2.3-92(b)B.I-iii (p. 86). This will make these sections consistent with the removal of the customer and administrative area requirements for Aircraft Maintenance Operators and Avionics or Instruments Maintenance Operators. 25. The reference in the current Section 1-2.3-90(a)(3) to "Section 1-2.3-84" should be "Section 1-2.3-85". (p. 81) 26. The reference in the current Section 1-2.3-90(b)(1) to "Section 2.5.1" should be "Section 1-2.3-85(e)." (p.81) 2 0 27. The reference in the current Section 1-2.3-90(b)(1) to "Section 2.5.2" should be "Section 1-2.3-85(f)." (p. 81) 28. The reference in the current Section 1-2.3-90(b)(1) to "Section 2.5.3" should be "Section 1-2.3-85(g)." (p.81) 29. The reference in the current Section 1-2.3-91(a)(2) to "Section 1-2.3-84" should be "Section 1-2.3-85". (p. 83) 30. The reference in the current Section 1-2.3-91(a)(2) to "Section 8" should be "ordinance." (p. 83) 31. The reference in the current Section 1-2.3-92(a)(2) to "Section 1-2.3-84" should be "Section 1-2.3-85". (p. 85) 32. Delete Section 1-2.3-93 (p.87-88) and renumber subsequent sections. 33. The reference in the current Section 1-2.3-96(a)(2) to "Section 1-2.3-84" should be "Section 1-2.3-85". 34. The reference in the current Section 1-2.3-96(c)(1) to "Section 2.5.1" should be "Section - 2.3-85(e)." (p. 91) 35. The reference in the current Section 1-2.3-96(c)(1) to "Section 2.5.2" should be "Section 1-2.3-85(f)." (p. 91) 36. The reference in the current Section 1-2.3-96(c)(1) to "Section 2.5.3" should be "Section 1-2.3-85(g)." (p. 91) 37. The reference in the current Section 1-2.3-96(d)(1)D to "paragraph 12.4.1.2" should be Section 1-2.3-96(d)(1)B. (p. 92) 38. The reference in the current Section 1-2.3-98(a)(2) of "Section 1-2.3-97" should be "Section." (p. 94) 39. The reference in the current Section 1-2.3-98(a)(3) to "Section 1-2.3-84" should be "Section 1-2.3-85". (p. 94) 3 AGENDA REQUEST ITEM NO. J6 DATE: December 4, 2007 REGULAR[] • r PUBLIC HEARING [XX] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Ordinance No. 07-013 - Providing the Terms and Conditions for Installing, Constructing and Maintaining a Communications Facility in the County's Public Rights -of -Way for the Provision of Communications Service BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: This is the first of two public hearings. No action is required at this time. The second public hearing will be December 18, 2007. COMMISSION ACTION: [ APPROVED [ ] DENIED I" OTHER: Approved 4-0 (Comm. Smith absent) Motion to hold the 2nd hearing on January 22nd at 9:00 a.m. or as soon thereafter as possible. Originating Dept Finance: (Check for copy only, if applicable) County Administrator Review and Approvals Management & Budget Purchasing: _ Public Works Dir: County Eng. Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO.: 07-1950 DATE: November 8, 2007 SUBJECT: Ordinance No. 07-013 - Providing Terms and Conditions for the Installing, Constructing, and Maintaining a Communications Facility in the County's Public Rights -of -Way for the Provision of Communications Service BACKGROUND: The primary purpose of the Ordinance is to grant to the County the maximum authority allowed under applicable federal and state law with respect to the regulation of the installation, maintenance and removal of communications facilities in the public rights of way under the control of the County. Historically, consistent with then applicable law, the County governed the placement of communications facilities in the rights of way primarily through enforcement of negotiated licenses and franchises with telephone and cable companies. Florida statutes now prohibit local government from requiring such licenses, franchises or any other form of agreement. However, local government is authorized to prescribe and enforce reasonable rules and regulations consistent with FL. 5TAT 337.401, provided that all providers of communications services are treated in a nondiscriminatory and competitively neutral manner. Absent an ordinance setting forth such rules and regulations, communications providers would be free to place facilities in the County's rights of way subject only to minimal permit requirements. Further, Florida law prohibits the imposition of fees or taxes other than those expressly permitted by FL. 5TAT. 337.401 and 202. Consistent with applicable Florida statutes the recommended ordinance requires that all communications providers: -register with the County -place facilities underground unless not technically feasible -restore and pay for any and all damage and repairs to property -pays expense of removal -submit engineering plans, surveys and traffic plans -comply with codes and safety practices -maintain insurance with the County as a named insured -post security and construction bonds Providers that provide retail service to subscribers within the County are subject to the Florida Communications Service Tax. Local imposition of fees and taxes, except certain permit and application and review fees are prohibited. Providers that place facilities in the County's rights of way but do not provide service within the County may be charged $500 per mile. On September 20, 2007, the Planning & Zoning Commission recommended forwarding Ordinance No. 07-013 to the Board of County Commissioners for consideration. On November 6, 2007, the Board continued the public hearing. RECOMMENDATION/CONCLUSION: This is the first of two public hearings. No action is required at this time. The second public hearing will be held on December 18, 2007. Respectfully submitted, Katherine Mackenzie -Smith Assistant County Attorney KMS/caf Attachment Y ORDINANCE NO. 07-013 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, CREATING SECTION 7.10,27 OF THE COUNTY LAND DEVELOPMENT CODE TO PROVIDE THE TERMS AND CONDITIONS FOR THE INSTALLING, CONSTRUCTING, AND MAINTAINING OF A COMMUNICATIONS FACILITY IN THE COUNTY'S PUBLIC RIGHTS -OF -WAY FOR THE PROVISION OF COMMUNICATIONS SERVICE; PROVIDING A CODIFICATION CLAUSE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY AND APPLICABILITY CLAUSE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. This Boars is aut 'rized, by Secfi�on,,t 5.01(11 (t) to adopt ordinances and resolutions necessary for the ex�r�i e a its p, veers and to prescribe fines and penalties for the violations of ordinances in)a iancewit hrtokl' 3. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - March 14, 1991 91-09 - 91-21 - November 7, 1991 92-17 - 93-01 - February 16,1993 93-03 - 93-05 - May 25,1993 93-06 - 93-07 - May 25,1993 94-07 - 94-18 - August 16, 1994 94-21 - 95-01 - January 10, 1995 96-10 - 97-01 - March 4, 1997 97-09 - 97-03 - September 2,1997 99-01 - 99-02 - April 6, 1999 99-03 - 99-04 - August 17, 1999 99-05 - 99-15 - July 20, 1999 99-16 - 99-17 - September 7, 1999 99-18 - 00-10 - June 13, 2000 00-11 - Struck through passages are deleted. Underlined passages are added. Page 1 of 26 May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22,1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 02, 1999 November 2, 1999 June 13, 2000 00-12 - June 13, 2000 00-13 01-03 - December 18, 2001 02-05 02-09 - March 5, 2002 02-20 - 02-29 - October 15, 2002 03-05 - 04-02- January 20, 2004 04-07- 04-33- December 7, 2005 05-01- 05-03- August 2, 2005 05-04- 05-07- January 18, 2005 05-16- 05-23- September 20, 2005 06-05- 06-13- June 6, 2006 06-17- 06-18- May 30, 2006 06-22- 06-30- September 12, 2006 07-017- June 13, 2000 June 24,2002 October 15, 2002 October 7, 2003 April 20, 2004 March 15, 2005 August 2, 2005 August 16, 2005 April 18, 2006 May 30, 2006 July 18, 2006 June 5, 2007 4. On September 20, 2007, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 5. On November 6, 2007, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on October 22, 2007. 6. On x x. 2007, this board held.it -second public hearing on the proposed ordinance, after p"ublisking afioticej6f such hearing in the�Port St. Lucie News and the k• Tribune on 007. x k` x 7. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. WHEREAS, Section 337.401, Florida Statutes provides that because of the unique circumstances applicable to providers of Communications services and the fact that federal and state law require the nondiscriminatory treatment of providers of Communications services, and because of the desire to promote competition among providers of Communications services, it is the intent of the Legislature that municipalities and counties treat providers of Communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement and maintenance of Communications facilities in the public roads or rights -of -way. Rules and regulations imposed by a municipality or county relating to the placement or maintenance of Communications facilities in its roads or rights -of -way must be generally applicable to all providers of Communications services, and, notwithstanding any other law, may not require a provider of Communications services, except as otherwise provided for providers of cable service, to apply for or enter into an individual license, franchise or other similar agreement with Straekthrough passages are deleted. Underlined passages are added. Page 2 of 26 the municipality or county as a condition of placing or maintaining Communications facilities in its roads or rights -of -way; and WHEREAS, the Board of County Commissioners of St. Lucie County ("Board" or "Board of County Commissioners") has determined it is in the public interest of the County to permit the placement of one (1) or more Communications systems or facilities in the public rights -of -way of the County; and WHEREAS, it is the intent of the Board of County Commissioners to encourage competition by providing access to the public rights -of -way to the County on a nondiscriminatory basis; and WHEREAS, Sections 337.401 and 364.0361, Florida Statutes, require that a local government treat Communications companies in a nondiscriminatory manner when exercising the authority to manage the public rights -of -way; and WHEREAS, it is the intention of the Board of County Commissioners to recognize the interests of Communications service providers to install their facilities in public rights -of -way as a means of promoting the use of such technology for the good of the people of the County; and WHEREAS, it is the intent of the Board of County Commissioners to exercise the County's authority over the Communications service providers' occupancy of the public rights -of -way; and WHEREAS, those=cl1'cies a` mplete acord wit1Y"lth"#Fhe' letger and the spirit of the Communications Act of 193 , astme , d �� `wx c B 9­ 1 WHEREAS, the enactrstnt f?f th'eolpmunica ions Act of 1996, amendments to applicable statutes of the State of Florida and developments in Communications technology and services have resulted in an increase in the number of persons certified by the Florida Public Service Commission to provide Communications Services; and WHEREAS, various Communications service providers have requested or may request the right to occupy the public rights -of -way of the County for the purpose of installing, maintaining and operating Communications systems or facilities; and WHEREAS, it is the County's intent to treat each Communications Service Provider on a competitively neutral and nondiscriminatory basis in granting access for use of the County's public rights -of -way; and WHEREAS, the public rights -of -way subject to the jurisdiction and control of the County (1) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) are a unique and physically limited resource and proper management by the County is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, placement, relocation, and maintenance in Struck #kraugh passages are deleted. Underlined passages are added. Page 3 of 26 the public rights -of -way; (3) are intended for public uses and must be managed and controlled consistently with that intent; and WHEREAS, it is the intent of the County to exercise its authority to impose fees and adopt reasonable rules and regulations to the fullest extent allowed by federal and state law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows, include: CHAPTER VII 7.10.00 SUPPLEMENTAL STANDARDS SECTION 7.10.27 COMMUNICATIONS Section 1. Intent and Purpose. 5t. Lucie County (the "County") hereby declares as a legislative finding that the public rights -of -way within the County are a unique and physically limited resource that are critical to the travel and transport of persons and property in the County; that the public rights -of -way must be in the public interest. It is the intent of the County to promote the public health, safety and general welfare by: providing for the placement or maintenance of Communications facilities in the public rights-of-wo within the County limits; adopting and administering reasonable rules, regulations and , general conditions not inconsistent with state and federal law. including Section 337.401, Florida Statutes (2003), as it may be amended from time to time, and in accordance with the provisions of the Federal Communications Act of 1996 and other federal and state law; establish reasonable rules regulations and general conditions necessary to manage the placement and maintenance of Communications facilities in the public rights -of -way by all Communications service providers minimize disruption to the public rights -of -way; and require the restoration of the public rights -of - way to original condition. This section shall apply to any entity who seeks to construct, place install. maintain or operate a Communications system or facilities, as such terms are defined herein, in the public rights -of -way, unless otherwise exempt by operation of applicable state law. passages are deleted. Underlined passages are added. Page 4 of 26 Section 2. Definitions. For the purpose of this section the following_ words terms and phrases shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning Words not otherwise defined in this section or in any permit that might be granted under this article shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. Section 151 et seq as amended (collectives the "Communications Act") and, if not defined therein, as defined by state statute; and if not defined therein be construed to mean the common and ordinary meaning. A. Abandonment means the permanent cessation of all uses of a Communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example and not limitation, cessation of all use of a cable within a conduit where the conduit continues to be used, shall not be Abandonment of a facility in the public rights -of -way, B. Affiliate means each person directly or indirectly, controlling, controlled by, or under common control with a Communications services provider that is registered with the County: provided that affiliate shall in no event mean any limited partner, member. or shareholder holding an interest of less than Fifteen percent (15%) in such Communications services provider. location of facilities located at least every one hundred (100) feet and at any alignment chance. Horizontal locations on all points of facilities shall be from street centerline, or section or quarter section lines or corners Vertical locations on all points of facilities shall consist of elevations in either County datum or United States Geological Survey datum. D. Co -locate or co -location means the shared use of facilities such as poles, ducts or conduit including but not limited to the placement of conduit owned by more than one user of the public rights -of -way in the same trench or boring and the placement of equipment owned by more than one user in the same conduit. Co -location does not include interconnection of facilities or the sale or purchase of capacity. E. Communications Company or Telecommunications Company has the meaning set forth in Section 364 02(12) Florida Statutes and includes any company providing communications services as defined in Section 202.11(2) and Section 337.401(6). F. Communications facility facility or facilities means any facility that may be used to provide Communications Services including but not limited to equipment or property, including, ugh passages are deleted. Underlined passages are added. Page 5 of 26 but not limited to cables, conduits converters splice boxes cabinets manholes vaults equipment drains, surface location markers appurtenances located to be located used or intended to be used, in the Public Rights -of -Way of the County to transmit convey route receive distribute provide or offer Communications Services G. Communications Pass -Through Provider means any person who places or maintains a Communications Facility in the roads or right of way of the County and who does not remit taxes imposed pursuant to Chapter 202 Florida Statutes H. Communications services shall include without limitation the transmission conveyance or routing of voice, data, audio video or any other information or signals to a point or between or among points by and through electronic radio satellite cable optical microwave or other medium or method now in existence or hereafter devised regardless of the protocol used for such transmission or conveyance I. Communications services provider shall refer to any Person making available or providing Communications Services, as defined herein, through the placement or use of a Communications Facility in the Public Rights of Way. J. Communications system or systems means any permanent or temporary plant equipment and property placed or maintained in the public rights -of -way that is occupied or used or K. County means St. Lucie County. Florida. a political subdivision of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form L. Excavation or other similar formulation of that term means the cutting trenching or other disturbance to the public rights -of -way intended to change the grade or level of land or that causes any cavity, gap, depression, penetration or hole in the surface of the public rights -of -way. M. FCC means the Federal Communications Commission. N. Government means the United States of America, the State of Florida or 5t. Lucie County, Florida, and any of their respective agencies, departments or bureaus. 0. In the oublic riohts-of-way means in, along, on, over, under, across or through the public rights -of -way. P. Law means any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or other requirements, as amended, now in effect or subsequently enacted or issued including but not Struelt threegit passages are deleted. Underlined passages are added. Page 6 of 26 limited to the Communications Act of 1934 47 U.S.C. § 151 et seq., as amended by the Communications Act of 1996 47 U S C A 5 151 et seg. (1996) and all orders rules, tariffs guidelines and regulations issued by the Federal Communications Commission or the governing State authority_ pursuant thereto, a.. Person means any individual firm joint venture partnership, estate trust, business trust syndicate fiduciaryassociation corporation company, organization or legal entity of any kind including any affiliate successor assignee transferee or personal representative thereof, and all other groups or combinations and shall include the County to the extent that the County acts as a Communications services provider. R, Placement or maintenance or other similar formulation of that term means the named actions interpreted broadly to encompass among other things erection construction reconstruction installation inspection maintenance placement replacement. extension, expansion, repair, removal operation occupation location relocation grading. undergrounding, trenching or excavation Any Communications services provider that owns leases or otherwise controls the use of a Communications system or facility in the public rights -of -way, including the physical control to maintain and repair, is "placing or maintaining" a Communications system or facility. A person providing service only through buying wholesale and then reselling is not "placing or maintaining" the Communications facilities through which services is provided. The transmission and receipt of radio T, Public rights -of -way means a road, street, highway, bridge, tunnel or alley that is owned by the County, publicly held by the County or dedicated to the County for public use and over which the County has jurisdiction and control and may lawfully grant access pursuant to applicable law, and includes the space above, at or below the surface of such right-of-way. "Public rights -of - way" shall include public utility easements and County services easements that are under the jurisdiction and control of the County wherein the County now or hereafter acquires the right to locate or permit the location of Communications facilities: provided that the terms and conditions of any such easement expressly prohibit the use of particular easement for purposes other than which it was conveyed dedicated or condemned. "Public rights -of -way" shall not include (1) city, state or federal rights -of -way (2) property owned byany person other than the county, (3) service entrances or driveways leading from the road or street onto adjoining property or (4) except as described above any real or personal property of the County, such as but not limited to County parks buildings fixtures poles conduits sewer lines facilities or other structures or improvement regardless of whether they are situated in the public rights -of -way. StrnektHrough passages are deleted. Underlined passages are added. Page 7 of 26 U. Registrant or facility owner shall mean a Communications company or other person which seeks to use the public rights -of -way that has registered with the County in accordance with the provisions of this ordinance. V. Registration and register shall mean the process described in Section 3 whereby a Communications service provider provides certain information to the County. Section 3. Registration. A. Each Communications service provider that desires to place, erect, construct install locate, maintain, repair. extend, expand, remove, or relocate any Communications facilities in under, over or across any public rights -of -way in the County shall be considered to be using the public rights -of -way and shall be required to register with the County in accordance with the terms of this ordinance. B. Any Communications service provider desiring to use the public rights -of -way shall file a registration with the County Administrator or his designee, which shall include the following information: 1. Identity of the applicant and name, address and telephone number of applicant's primary contact person in connection with the registration: time the registrant begins to make physical use of the public rights -of -way, and to determine whether a linear mile charge is applicable in accordance with Section 4 of this ordinance. 3. Evidence of the insurance coverage required under this ordinance and acknowledgment that registrant has received and reviewed a copy of this ordinance; 4. A copy of federal and/or state certification authorizing the applicant to provide Communications services; and 5. A security fund in accordance with this ordinance. 6. Acknowledgment that Registrant has received and reviewed a copy of this Ordinance. C. The County will review the information submitted by the applicant. Such review will be by the County Administrator or designee. If the applicant submits information in accordance Struck through passages are deleted. Underlined passages are added. Page 8 of 26 with Section 3 above the registration shall be effective and the County shall notify the applicant of the effectiveness of registration in writing If the County determines that the information has not been submitted in accordance with Section 3 above the County shall notify the applicant of the non -effectiveness of registration and reasons for the non -effectiveness, in writing. The Countv shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant Upon notification of the non -effectiveness of the registration nothing herein shall preclude the applicant from filing a subsequent application addressing the basis for the non - effectiveness If the registrant disputes the determination of non -effectiveness for the particular application submitted the only avenue of redress shall be an appeal under Section NP). Failure to comply with the appeals section for the particular application found to be non -effective shall be sufficient grounds for the County to reject that particular application in the future. A registrant may cancel a registration upon written notice to the County Administrator or his designee stating that it will no longer maintain facilities in the public rights -of -way and will no longer need to pull permits to perform work in public rights -of -way. Within thirty (30) days of any change in the information required to be submitted pursuant to Section 3 registrant shall provide updated information to the County. D. A registration shall not convey title, equitable or legal, in the public rights -of -way. Registrants may one occupy public rights -of -way for Communications facilities. Registration does not excuse a Communications service provider from obtaining appropriate access or pole attachment any priority for the use of the public rights -of -way by a registrant or any other registrants. Registrations are expressly subject to any future amendment to or replacement of this ordinance and further subject to any additional County ordinances, as well as any state or federal laws that may be enacted during the term of the registration. Section 4. Fees and Payments. A. In consideration for the rights, privileges and permission granted hereunder, a Registrant hereunder shall pay an annual Communications Service Tax as set forth in Chapter 202 Florida Statues Said tax shall be in addition to any permit fees imposed by the County pursuant to an election made by the County pursuant to Chapter 202 Florida Statutes: B A Registrant who places or maintains a Communications Facility in the roads or rights of way of the County who does not remit taxes imposed pursuant to Chapter 202 Florida Statutes, also defined as a Pass Through Provider, shall pay to the County annually Five Hundred Dollars ($500 00) per linear mile or portion thereof in addition to any permit fees the County is authorized to collect The linear mile charge authorized by this Section shall be based on the linear miles of roads or Rights of Way where a Communications Facility is placed, not based on a summation of the lengths of individual cables, conduits, strands or fiber. Struck through passages are deleted. Underlined passages are added. Page 9 of 26 C. Notwithstanding anything to the contrary, the County hereby reserves the right to require the maximum compensation allowed by law, D. Pursuant to Chapter 337401(3)(f) nothing herein shall prohibit or impair and voluntary agreement between a Registrant and the County which provides for or allows for the provision of in -kind compensation by the Registrant to the County in addition to the fees and payments set forth in Sections A and B above Section 5. Reports and Records. A. A registrant shall provide the following documents to the County as received or u Any pleadings petitions notices and documents regarding any legal proceeding involving any provisions of this ordinance or any permit or Agreement granted pursuant to this Ordinance. Any request for protection under bankruptcy laws or any judgment related to a declaration of bankruptcy. materials reasonably required by the County to determine compliance with this ordinance D. The County shall keep any documentation, books and records of the registrant confidential to the extent permitted under Florida Statutes. Section 6. Underground Installation; Relocation. A. A registrant shall install its facilities underground, unless such undergrounding is not technically feasible. This provision shall apply prospectively for all new facilities. to the extent that this obligation is not expressly prohibited by federal low, state law or applicable P5C rules and regulations. B. Every registrant that places or constructs Communications facilities underground shall maintain appropriate participation in the regional notification center for subsurface installations. C. Any Communications facilities heretofore or hereafter placed upon under, over, or along any public rights -of -way that is found by the County to be unreasonably interfering in any way passages are deleted. Underlined passages are added. Page 10 of 26 with the convenient safe or continuous use or the maintenance; improvement, extension or expansion of such public rights -of -way shall upon written notice to the registrant or its agent, be removed or relocated by such registrant at its own expense within thirty (30) days of such notice, consistent with Section 337403 Florida Statutes The County Administrator or his designee may extend the time within which a registrant shall remove or relocate a Communications facility for good cause shown. D. The Registrant shall not in any way displace damage or destroy any facilities, including but not limited to gas sewer, water main pipe cable conduit fiber optic, or other pathway or any other facilities belonging to the County. The registrant shall be liable to the County for the costs of any repairs made necessary by any such displacement damage or destruction, of facilities belonging to the County, and the registrant shall pay such costs upon demand. In the case of an emergency, the County may commence repairs without any prior notice to the registrant. The term emergency shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency, the County may cause the repairs to be made at the facility owner's expense utilizing_ County employees agents or contractors charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the County to the registrant After thirty (30) days the County may obtain reimbursement from the security fund. In all other non -emergency circumstances the registrant shall be given prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the thirty (30) E. Subject to Section 337.403, Florida Statutes, whenever an order of the County requires such removal or change in the location of any Communications facility from the public rights -of -way and the facility owner fails to remove or change the same at its own expense to conform to the directive within the time stated in the notice, the County may proceed to cause the Communications facility to be removed The expense thereby incurred, except as provided in Section 337403(1)(a)-(c) Florida Statutes shall be paid out of any money available therefore, and such expense shall be charged against the owner of the Communications facility and levied, collected and paid to the County. F. Subject to Section 337.404, Florida Statutes, whenever it shall be necessary for the County to remove or relocate any Communications facility, the owner of the Communications facility, or the owner's chief agent shall be given written notice of such removal or relocation and requiring the payment of the costs thereof, and shall be given reasonable time, which shall not be less than twenty (20) nor more than thirty (30) days to file an appeal with the Board of County Commissioners to contest the reasonableness of the order. Upon receipt of a written appeal, the Board of County Commissioners shall place the matter on its agenda for consideration within forty- five (45) working days Should the owner or the owner's representative not appear, the Strueltthroughpassages are deleted. Underlined passages are added. Page 11 of 26 determination of the cost to the owner shall be final in accordance with Section 337.404 Florida Statutes. G. A final order of the County, imposed pursuant to Florida Statutes and applicable provisions of this ordinance and the County code if any, shall constitute n lien on any property of the owner and may be enforced as provided therein. H. The County retains the right and privilege to cut or remove any facilities located within the public rights -of -way as the County Administrator or his designee in reasonable discretion may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the County shall attempt to notify the owner of the facility, if known, prior to cutting or removing a facility and shall notify the owner of the facility, if known after cutting or removing a facility. I. Upon abandonment of a facility within the public rights -of -way of the County, the owner of the facility shall notify the County within ninety (90) days Following receipt of such notice the County may direct the facility owner to remove all or any portion of the facility if the County determines that such removal will be in the best interest of the public health safety and welfare. In the event that the County does not direct the removal of the abandoned facility by the owner of the facility and the facility owner chooses not to remove its facilities, then such owner, by its notice of abandonment to the County, shall be deemed to consent to the alteration or removal of person requesting the same, and the registrant shall have the authority to require such payment in advance. The registrant shall be given not less than thirty (30) days advance notice to arrange for such temporary relocation. Section 7. Use of Rights -of -Way. A. A facility owner agrees at all times to comply with and abide by all applicable provisions of the state statutes and local laws including, but not limited to applicable zoni_g regulations not inconsistent with state and federal laws. S. Except in the case of an emergency, no Communications service provider shall construct any facility over, under or within any public rights -of -way which disrupts the public rights -of -way without first filing an application with and obtaining a permit from the County therefore, pursuant to applicable permitting requirements of the County and other applicable County Code requirements, except as otherwise provided in this ordinance. The term "emergency' shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out of service condition of a pre-existing service. Registrant shall still be required to provide prior notice to the County in the event of an emergency. For the purposes of the notice requirements herein. the County shall provide the registrant with a County contract. When work is Strdek thrangh passages are deleted. Underlined passages are added, page 12 of 26 performed on an emergency basis the registrant must still apply for a permit by the following business day in accordance with the County's permitting guidelines In all instances, the registrant shall restore all damaged property and indemnify the County from any and all damages caused by the registrant's emergency work Unless otherwise required by this ordinance the County may waive the permit requirement in cases where there will be no disruption of the public rights -of -way. C. As part of any permit application with respect to new or existing facilities in the public rights -of -way, where applicable the registrant shall provide a proposal for construction of the Communications facility that sets forth at least the following; u An engineering plan signed and sealed by a Florida registered professional engineer or prepared by a person who is exempt from such registration requirements as provided in Section 471003 Florida Statutes identifying the location of the proposed facility, including a description of the facilities to be installed where it is to be located, and the approximate size of facilities and equipment that will be located in on over or above the public rights -of -way. (22) Maps showing the routing of new construction that involves an alteration to the surface or subsurface of the public rights -of -way. A registrant may not begin construction until the plans and drawings have been approved in writing by the County Engineer or his designee and a permit is issued. A maintenance of traffic plan for any disruption of the public rights -of -way. fO Information on the ability of the public rights -of -way to accommodate the proposed facility, if available (such information shall be provided without certification as to correctness to the extent obtained from other users of the public rights -of -way) M If appropriate given the facility proposed, an estimate of the cost of restoration of the public rights -of -way. And such plan shall include the timetable for construction for each phase of the project and the areas of the County that will be affected. u Any such additional information as the County Engineer finds reasonably necessary to review an application for a permit to perform work in the public rights -of -way. D. If there is insufficient space to accommodate all of the requests to occupy or use the rights -of -way, to the extent not otherwise prohibited by state or federal law, the County shall have the power to prohibit or limit the placement of new or additional facilities within the public ugh passages are deleted. Underlined passages are added. page 13 of 26 rights -of -way for the protection of existing facilities in the public rights -of -way or for Count plans for public improvements, which have been determined by the County to be in the public interest. In case of conflict or interference between the facilities of different registrants, the registrant whose facilities were first permitted shall have priority over a competing registrant's use of the public rights -of -way. The resolution of any conflict or interference shall be made in a manner that is consistent with the non-discrimination rovisions of the Federal Communications Act of 1996. (2) There may be from time to time within the County various easements and streets, which the County does not have the unqualified right to authorize registrant to use• therefore. the County does not warrant or represent as to any particular easement, rights-of-wgy or portion of a right-of-way or easement, that it has the right to authorize the registrant to install or maintain portions of its facilities therein, and in each case the burden and responsibility for making such determination in advance of the installation shall be upon the registrant. The County shall not be required to assume any responsibility for the securingof rights -of -way, easements or other rights that may be required by the registrant for the installations of its facilities, nor shall the County be responsible for securing any permits or agreements with other persons or utilities. f Upon request of the County, a registrant may be required to coordinate the placement or maintenance of facilities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject public rights -of -way, and registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbances in the public rights -of -way. E. All facilities shall be installed, located and maintained so as not to unreasonably interfere with the use of the public rights -of -way by the public and so as not to cause unreasonable interference with the rights and convenience of property owners who adjoin any of the public rights -of -way. The registrant shall be liable for costs and expenses for the displacement damage or destruction of any irrigation system or landscaping within the public rights -of -way, to the extent not covered by the construction bond. In the event the registrant fails to make the appropriate repairs to restore such property to as good a condition as existed prior to the commencement of the work, the affected property owner may file a complaint with the County Administrator or his/her designee. In this instance, the registrant shall be given prior written notice of the necessary repairs by the County Administrator or his designee. If such repairs are not performed in a reasonable and satisfactory manner within thirty (30) calendar days after receiving notice, the County may cause the repairs to be made at the facility owner's expense, utilizing County employees Straeltthrough passages are deleted. Underlined passages are added. Page 14 of 26 agents or contractors charge any and all costs and require reimbursement within thirty (30) days after the submission of the bill by the County to the registrant. After thirty (30) days, the County may obtain reimbursement from the security fund. The prior written notice described in this subsection shall be considered a final written decision for purposes of the appellate rights outlined in subsection (P) of this Section. F. The use of trenchless technology (i.e., directional bore method) for the installation of facilities in the public rights -of -way, as well as joint trenching and/or the co -location of facilities in existing conduit is strongly encouraged and should be employed wherever possible G. The County Administrator or his designee may issue such additional rules and regulations concerning the placement and maintenance of a Communications facility in the public rights -of -way as may be consistent with applicable law and not inconsistent with this ordinance. H. All safety_ practices required by applicable law, or accepted industry practices and standards shall be used during construction maintenance and repair of the Communications facilities Registrant's work while in progress shall be properly protected at all times with suitable barricades flags lights flares or other devices as are required by the Manual on Uniform Traffic Control Devices (FDOT) and/or any requirements of the County to protect all members of the public having occasion to use the portion of the streets involved or adjacent property. reserves the right to place and maintain and permit to be placed or maintained sewer, gas water electric storm drainage Communications or other types of facilities, cables or conduits, and to do, and to permit to be done any underground and overhead installation or improvement that may be deemed necessary or proper by the County in the public rights -of -way occupied by the registrant. J. A facility owner shall obtain any and all required permits and pay any and all required fees before commencing any construction on or otherwise disturbing any public rights -of -way as a result of its construction. The registrant shall at its own expense, restore such property to as good a condition as existed prior to commencement of work. A registrant shall guarantee its restoration for a period of twelve (12) months after the completion of such restoration. If such restoration is not performed in a reasonable and satisfactory manner within thirty (30) calendar days after the completion of construction the County may, after prior written notice to registrant, cause the repairs to be made at the facility's owner expense, utilizing County employees, agents or contractors charge any and all costs and require reimbursement within thirty (30) days after the submission of the bill by the County to the registrant. Sfruek threaglH passages are deleted. Underlined passages are added. Page 15 of 26 (2) A permit from the County constitutes authorization to undertake one certain activities on public rights -of -way in accordance with this ordinance and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights -of -way. K. All ongoing installation, construction and maintenance of a Communications facility located in the public rights -of -way shall be subject to the County's periodic inspection for compliance with this ordinance or any applicable provisions of this ordinance and County Codes L. A facility owner shall not place its facilities so as to interfere unreasonably with any other person lawfully using the public rights -of -way of the County, M. The registrant shall, upon request of the County Engineer or his designee and at no cost to the County, produce and provide to the County Engineer or his designee a complete set of as -built plans including but not limited to, horizontal and typical vertical profiles within sixty (60) days after construction of any portion of the system. A registrant shall cooperate with the County by providing timely and complete information under this subsection Upon completion of any installation or construction of new facilities in public rights -of -way, the registrant shall provide at no cost to the County, such information as may be requested showing the exact location of its facilities and structures, including but not limited to, maps, geographical information systems plats construction documents, drawings and any other information the County may find reasonably N. Suspension or denial of Permits. Subject to subsection (P) below. the County Administrator or a designee may suspend an existing permit or deny an application for a permit for work in the public rights -of -wax for one or more of the following reasons: i11 Violation of permit conditions, including conditions set forth in this ordinance or other applicable provisions of this ordinance or County Codes or regulations governing use of public rights -of -way; or (22) Misrepresentation or fraud by registrant in a registration or permit application to the County: or u Failure to relocate or remove facilities as may be lawfully required by the County: or u Failure of registrant, its employees, agents or subcontractors in connection with the subject permit, to u Place barricades or signs around the work area, passages are deleted. Underlined passages are added. Page 16 of 26 Take reasonable safes precautions to alert the public of work at the work site, or u Repair, replace and restore any sidewalk street, alley, pavement, water, sewer or other utility line or appurtenance soil, landscaping, dirt or other improvement, property or structure of any nature. In the event of such failure the County may perform the work utilizing County employees agents or contractors charge any and all costs, and registrant shall be required to reimburse the County within thirty (30) calendar days after the submission of the bill by the County to registrant In the event the County incurred costs as described herein, the registrant shall be required to reimburse the County for any and all such costs before the suspension or denial can be lifted The County Administrator or his designee shall have the discretion to waive this requirement. 0. Immediately after the suspension or denial of permit pursuant to this Section, the County shall provide written notice of the violation which notice shall contain a description of the violation A final written decision of the County Administrator suspending a permit or denying an application for a registration is sub iect to appeal Upon correction of any violation that gave rise to a suspension or denial of ermit the suspension or denial shall be lifted. state the decision that is being appealed the grounds for appeal a brief summary of the relief sought and shall be accompanied by a non-refundable fee to be established by administrative order of the County Administrator. The Board of County Commissioners may affirm, modify or reverse the decision of the County Administrator. The County Administrator or his designee shall notify any party who has filed a written request for such notification of the date when the matter will be presented to the Board of County Commissioners Nothing contained herein shall preclude the Board of County Commissioners from seeking additional information prior to rendering a final decision The decision of the Board of County Commissioners shall be by resolution and a copy of the decision shall be forwarded to the County Administrator and the appealing party. Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the Board of CountX Commissioners may appeal an adverse decision to the Circuit Court in and for St Lucie County Florida or applicable federal or district court. The party making the appeal shall be required to pay to the County Clerk a fee as established by the Clerk . Q In the event registrant desires to use its existing facilities or to construct new facilities for the purpose of providing other utility or non -utility services to existing or potential consumers or resellers by providing cable services or any other services other than the provision of Communications service or for providing any other use to existing or potential consumers, a S#wgek #hrough passages are deleted. Underlined passages are added. Page 17 of 26 registrant shall seek such additional and separate authorization from County for such activities as may be required by applicable law. R. To the extent that any person or registrant leases or otherwise uses the facilities of an entity that is duly registered or otherwise authorized to place and maintain facilities in the public rights -of -way of the County, the person or registrant shall make no claim nor assert any right which will impede the lawful exercise of the County's rights including requiring the removal of such facilities from the public rights -of -way of the County. regardless of the effect on the person's ability to provide service, or on the registrant's ability to maintain its own Communications facilities in the public rights -of -way of the County. Section 8. Involuntary Termination of Registration A. The involuntary termination of a registration may only be accomplished by an action of the Board of County Commissioners. The County may declare the registration terminated and revoke and cancel all privileges granted under that registration if: (1) A federal or state authority suspends, denies or revokes a registrant's certification to provide Communications service. (2) The registrant is adjudicated bankrupt by a United States District Court or B. Prior to such termination of the County resulting from a violation of any of the provisions of this subsection, the registrant shall be notified by the County Administrator or his designee with a written notice setting forth all matters pertinent to such violation and describing the action of the County with respect thereto. The registrant shall have sixty (60) days after receipt of such notice within which to cure the violation, or within which to present a plan satisfactory to the Board of County Commissioners to accomplish the same. In the event of an emergency, the County may take appropriate action in accordance with Section 6 of this ordinance. In the event of a vote by the Board of County Commissioners to terminate, the registrant shall within a reasonable time following such termination, remove or abandon the facilities and take such steps as are necessary to render safe every portion of the facilities remaining with the public rights -of -way of the County. If the registrant has either abandoned its facilities or chooses to abandon its facilities, the County may either: Require the registrant's bonding company to remove some or all of the facilities from the public rights -of -way and restore the public rights -of -way to its proper condition or S#rwelt #19maegk passages are deleted. Underlined passages are added. Page 18 of 26 M The County may require that some or all of the facilities be removed and the public rights -of -way restored to its proper condition at the reciistration's expense utilizing County employees agents or contractors and charge any and all costs and require reimbursement. C. The obligations of the registrant and the bonding company hereunder shall survive for a period of twenty-four (24) months from the termination of the registration. In the event of a termination of registration this provision does not permit the County to cause the removal of any facilities that are used to provide another service for which the registrant holds a valid certification with the governing federal and state Communications agencies and is properly registered with the County for such certificated service, under this ordinance. Section 9. Compliance with Other Laws; Police Power. A facility owner shall at all times be subject to and shall comply with all applicable federal, state and local laws A facility owner shall at all times be subject to all lawful exercises of the police power of the County, to the extent not inconsistent with applicable laws. Section 10. Transfer of Control; Sale or Assignment. A. If the registrant transfers or assigns its registration incident to a sale or other B. Notwithstanding anything in this ordinance, pledges in trust or mortgages or other hypothecations of the assets of the registrant to secure the construction, operation or repair of its Communications facilities may be made to any person with notice to the County. Any mortgage, pledge lease or other encumbrance of the Communications facilities shall be subject and subordinate to the rights of the County by virtue of this ordinance or other applicable law. Section 11. Insurance; Surety; Indemnification. A. A facility owner shall at all times maintain the following liability insurance coverage insuring the registrant and naming the County, its officers boards Commission Commission members agents and employees as additional insureds; worker's compensation and employer liability insurance to meet all requirements of Florida law and commercial general liability insurance with respect to the construction operation and maintenance of the Communications facilities, and the conduct of registrant's business in the County, in the minimum amounts of: jl) $500,000 for property damage in any one accident; u $1000.000 for personal bodily injury to any one person; and ugh passages are deleted. Underlined passages are added. page 19 of 26 (L $2,000,000 for personal bodily injury in any one accident The policy shall also provide that the County will be given a thirty (30) day written notice of cancellation or non -renewal. B. All insurance policies shall be with sureties qualified to do business in the State of Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating Guide Property/Casualty Edition, except as provided in subsection (D) below, The County may ree uire coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law. A registrant may provide a portion of the insurance coverage required by Section 11 through excess or umbrella policies of insurance and where such policies are in a form acceptable to the County's Risk Manager. C. A registrant shall keep on file with the County certificates of insurance which certificates shall indicate that the County, its officers. boards. Commission Commission members agents and employees are listed as additional insureds In the event of a potential claim such that the County claims insurance coverage, the facility owner shall immediately respond to all reasonable requests by the County for information with respect to the scope of the insurance coverage D. The certificates of insurance shall further provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days prior written notice thereof has sufficient to demonstrate its financial ability to self -insure the insurance coverage and limit requirements required under this Section, such as evidence that the registrant is a "private self - insurer" under the Workers Compensation Act. For purposes of this Section. "self -insure" shall also include a registrant that insures through a "captive insurer." as defined in Section 628.901, Florida Statutes. E. Registrant shall, at its sole cost and expense, release, indemnify, hold harmless and defend the County, its officials, boards, members, agents, and employees, against any and all claims suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses sustained by the County in connection with each such claim suit cause of action or proceeding including, but not limited to, attorneys' fees, arising out of the construction maintenance or operation of its Communications system or facilities in the public rights -of -way, regardless of whether the act or omission complained of is authorized allowed or prohibited by this ordinance; provided, however, that a facility owner's obligation hereunder shall not extend to any claims caused by the sole negligence of the County. This indemnity shall survive and continue in full force and effect as to the registrant's responsibility to indemnify. County agrees to notify the registrant, in writing, within a reasonable time of the County receiving notice of any issue it determines may require indemnification. Nothing in this Section shall prohibit the County from Struelt through passages are deleted. Underlined passages are added. Page 20 of 26 participating in the defense of any litigation by its own counsel and at its own cost if in the County's reasonable belief there exists or may exist a conflict potential conflict, or appearance of a conflict Nothing contained in this provision shall be construed or interpreted (1) as denying to either arty any remedy or defense available to such party under the laws of the State of Florida, and (2) as a waiver of sovereign immunity beyond the waiver provided in Section 768 26 Florida Statutes. Section 12. Construction Bond. A. Except in the case of an emergency, as described in Section 7(B) of this ordinance, prior to performing any -work in the public rights -of -way, a registrant may be required to establish in the County's favor a construction bond in an amount specified in an engineering permit or other authorization as necessary to ensure the registrant's faithful performance of the construction in the public rights -of -way, in accordance with applicable sections of this ordinance or the County code The amount of the construction bond shall be as set forth in the engineering permit, and may be modified in the County Administrator or his designee's reasonable discretion, based upon the cost of the restoration to take place in the public rights -of -way and any previous history of the registrant concerning restoration within the public rights -of -way of the County. The County Administrator, in his or her discretion or designee, may request a certified estimate of the cost of restoration by a Florida registered professional civil engineer, or certified by a person who is loss suffered by the County as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, or the cost of completing the work plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. C. Twelve (12) months after completion of the construction and satisfaction of all obligations in accordance with the bond the County shall eliminate the bond. Notwithstanding the County may require a new bond for any subsequent work performed in the public rights- of- D. The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide Property/Casualty Edition shall be subject to the approval of the County Attorney, and shall provide that: This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the County, by certified mail, return receipt requested of a written notice from the issuer of the bond of intent to cancel or not to renew. 6truelt tlqrangit passages are deleted. Underlined passages are added. Page 21 Of 26 E. The rights reserved by the County with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the County may have under this ordinance, or at law or equity. F. The rights reserved to the County under this Section are in addition to all other rights of the County, whether reserved in this ordinance, or authorized by other law, and no action proceeding or exercise of a right with respect to the construction bond will affect any other right the County may have. Section 13. Security Fund. A. At the time of registration, the registrant shall file with the County Administrator or his designee, for his or her approval, a cash security, a bond, or irrevocable letter of credit in the sum of Twenty -Five Thousand Dollars ($25,000.00), in a form acceptable to the County Administrator or a designee, which shall serve, and be referred to, as the "security fund." For purposes of the bond and irrevocable letter of credit, the registrant must have as a surety a company qualified to do business in the State of Florida. The cash security, bond, or irrevocable letter of credit, shall be to secure the full and faithful performance by the registrant of all requirements, duties and obligations imposed upon registrant by the provisions of this ordinance and to pay any taxes, fees or liens. The bond or irrevocable letter of credit shall be furnished annually, or as frequently as necessary, and shall provide a continuing guarantee of the registrant's suffered by the County as a result, including the full amount of any compensation or indemnification plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The cash security, bond or letter of credit may be waived by the County Administrator where the County Administrator determines that the security fund is not necessary to secure the required performance under this ordinance. The County may from time to time increase the amount of the security fund to reflect the increased risks to the County and to the public. S. Additionally, the County, upon thirty (30) days advance written notice clearly stating the amount and the reason for, and its intention to exercise withdrawal rights under this subsection, mgy withdraw an amount from the security fund, provided that the registrant has not reimbursed the County for such amount within the thirty 30) days notice period. Withdrawals may be made if the registrant: u Fails to make any payment required to be made under any part of this ordinance. Nothing in this Section, however, shall create a limitation or prevent the County from immediately making a withdrawal for non-payment, from the security fund on the thirty-first (31st) calendar day after the submission of a bill to the Registrant. Struck through passages are deleted. Underlined passages are added, page 22 of 26 M Fails to pay any liens relating to the facilities that are due and unpaid. Q) Fails to reimburse the County for any damages, claims, costs or expenses that the Count has been compelled to pay or incur by reason of any action or non-performance by the registrant arising out of the construction maintenance or operation of its Communications system or facilities; or f{A) Fails to comma with any provision of this ordinance which failure the County determines can be remedied by an expenditure of an amount from the security fund. C. Within thirty (30) days after receipt of written notice from the County that any amount has been withdrawn from the security fund the registrant shall restore the security fund to the amount specified in this ordinance. D. The rights reserved to the County with respect to the security fund are in addition to all other rights of the County, whether reserved by this ordinance or authorized by other law, and no action, proceeding or exercise of a right with respect to such security fund will affect any other right the County may have. Section 14. Enforcement Remedies Registrant's failure to comply with the provisions of this ordinance, or law applicable to users and/or occupants of the public rights -of -way, may result in imposition of penalties to be paid by the registrant to the County in an amount of not less than One Hundred Dollars ($100 00) per day, or part thereof that the violation continues. A registrant's failure to obtain a permit before commencing work, except in cases of an emergency, may result in imposition of penalties to be paid to the County in an amount of not less than One Thousand Dollars ($100000) per day or part thereof that the violation continues, u In addition to or instead of any other remedy, the County may seek legal or equitable relief from any court of competent jurisdiction. B. Before imposing a fine pursuant to this Section the County Administrator or a designee shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have thirty (30) days to either: Struelt #hrengk passages are deleted. Underlined passages are added. page 23 of 26 jI) Cure the violation and the County Administrator or a designee shall make good faith reasonable efforts to assist in resolving the violation or u File an appeal in accordance with Section 7(P) If the violation is not cured within that thirty (30) day period and no appeal is filed the County may collect all fines owed, beginning with the first day of the violation either removing such amount from the security fund or through any other means allowed by law. C. In determining which remedy or remedies are appropriate. the County shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation the nature of the remedy required in order to prevent further violations and such other matters as the County determines are appropriate to the public interest. D. Failure of the County to enforce any requirements of this ordinance shall not constitute a waiver of the County's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. E. In any proceeding before the County Commission wherein there exists an issue with respect to a registrant's performance of its obligations pursuant to this ordinance the registrant shall be given the opportunity to provide such information as it may have concerning its compliance administration and enforcement of this ordinance, and is authorized to , give any notice required by law. G. Nothing in this ordinance shall affect the remedies the registrant has available under applicable law. Section 15. Force Majeure In the event a registrant's performance of or compliance with any of the provisions of this ordinance is prevented by a cause or event not within the facility owner's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that such owner uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this ordinance, causes or events not within a facility owners control shall include, without limitations, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within registrant's control, and thus not falling within this Section shall include, without limitation, registrant's financial inability to perform or comply, economic hardship. Straek �Hraagh passages are deleted. Underlined passages are added, Page 24 of 26 and misfeasance malfeasance or nonfeasance by any of registrant's directors officers, employees, contractors or agents. Section 16. Reservation of Rights A. The County reserves the right to amend this ordinance as it shall find necessary in the lawful exercise of its police powers. B. This ordinance shall be applicable to all Communications facilities permitted to be placed in the public rights -of -way, on or after the effective date of this ordinance, and shall apply to all existing Communications facilities in the public rights -of -way prior to the effective date of this ordinance, to the full extent permitted by state and federal law. Providers with existing lines and cables have one hundred twenty days (120) from the effective date of this ordinance to comply with the terms of this ordinance, or be in violation thereof. C. The County reserves to itself the right to intervene in any suit, action or proceeding involving any provision of this ordinance. Registrant agrees to advise County of any such suits. Section 17. Repealing of Conflicting Ordinances This Ordinance is not applicable to providers or facilities in the Rights of Way related to the provision or operation cable service, cable systems, open video systems or to towers and pole mounted antennas related to the provision of wireless service. All such facilities are subject to Chapter' ` and Chapter of the Code of St. Lucie County Section 19. Savings All fees, charges and financial obligations previously accrued pursuant to any ordinances and resolutions repealed pursuant to Section 18 above, shall continue to be due and owing until paid. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. *hreagh passages are deleted. Underlined passages are added. Page 25 of 26 PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County, PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION s < After motion and second "the vote on thls,ordinance was as follows: Chairman Chris Craft XXX Vice Chairman Joseph E. Smith XXX Commissioner Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ENACTED this day of ATTEST: DEPUTY CLERK Neagh passages are deleted. Underlined passages are added. 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 26 of 26 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): PUBLIC WORKS DEPARTMENT (41171 ITEM NO. 6 DATE: ��/4/p -7 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Don West Public Works Director SUBJECT: Multi way stop signs at Indian River Drive and Walton Road Intersection. BACKGROUN12: The Indian River Drive Freeholders Association has requested consideration by the BOCC of installation of stop signs at Walton Road and Indian River Drive Intersection. The attached letter from the Sheriff dated April 24, 2007 recommends installation of the signs and requests County Staff to evaluate the feasibility. The attached memo dated October 23, 2006, gives the results of a speed study that was conducted by Road and Bridge Staff. The attached memo dated May 16, 2007 gives the results of a stop sign study that was also performed by Road & Bridge Staff. Based upon our analyses, the requested stops signs do not meet the warrants as specified in the Manual of Uniform Traffic Control Devices (MUTCD). The BOCC has the authority to regulate signage on County roads per the Florida Statutes. Installation of the requested signs is purely a local decision, even though State and Federal technical criteria are used as a guideline to evaluate appropriate locations. The MUTCD is a nationally recognized technical manual that provides criteria that are used by FDOT and County Staff to evaluate traffic signals and signage. The technical criteria provide an objective means of evaluation as to whether or not a regulatory device or sign meets the specified warrants. The attached Resolution NO. 07-344 provides for the installation of stop signs at the intersection of Walton Road and Indian River Drive Intersection. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Public Works Staff is requesting Board Consideration to approve the attached Resolution No. 07 344providing for the installation of stop signs at the Indian River Drive and Walton Road Intersection. COMMISSION ACTION: APPROVED [ ] DENIED Approved 4-0 [ ] OTHER (Comm. Smith absent) a County Attorney U Project. Manager — J4 Road A Bridge " CONCU Do s derson County Administrator (I Mgt. a Budget [ ] originating Dept. Public Works w [ ] Budget 3 Rev. Cow. I ] Purchasing Dept. [ ] ERD IX] Copy to Finance I ] Other RESOLUTION NO. 07-344 A RESOLUTION DESIGNATING A MULTI -WAY STOP AT THE INTERSECTION OF INDIAN RIVER DRIVE AND WALTON ROAD IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. Section 316.008, Florida Statues, authorizes the Board to designate any intersection under its jurisdiction as a stop intersection. 2. The intersection of Indian River Drive and Walton Road are under St. Lucie County's Jurisdiction. 3. Due to the increase of traffic at his intersection, the Board of County Commissioners of St. Lucie County has determined that a multi -way stop should be designated at the intersection of Indian River Drive and Walton Road. NOW, THEREFORE, BE IT RESOLVED by the Board of St. Lucie County Commissioners of St. Lucie County: 1. The intersection of Indian River Drive and Walton Road is hereby designated as a multi -way stop. 2. The St. Lucie County Road and Bridge Manager is hereby directed to erect stop signs at the intersection of Indian River Drive and Walton Road. 3. The County Administrator is hereby directed to provide copies of this resolution to the Sheriff of St. Lucie County, and the St. Lucie County Road and Bridge Manager. 4. This Resolution will be effective on November 6, 2007. After motion and second the vote on this resolution was as follows: Chairman Chris Craft XXX Vice Chairman Joseph Smith XXX Commissioner Paula A. Lewis XXX Commissioner Doug Coward XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED this 6th day of November, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Nti ��jeriff / ♦A, .�f Y April 24, 2007 KEN I MASCARA Telephone: (772) 462-3200 • Fax: (772) 489-5851 4700 West Midway Road • Fort Pierce, Florida 34981 Mr. Douglas M. Anderson County Administrator St. Lucie County Administration 2300 Virginia Ave Fort Pierce, FL. 34082-5652 Dear Mr. Anderson: !J 6-';Cb � r n I d� I recently attended a meeting of the Indian River Drive Freeholders (a group that represents �,/✓� homeowners who live on or near South Indian River Drive in St. Lucie County). At that meeting, residents voiced their ongoing concerns with traffic on South Indian River Drive. Some of the concerns addressed speeding, unlawful passing and traffic congestion at the South Indian River Drive/Walton Road intersection. I have directed patrols to address speeding and unlawful passing along South Indian River Drive. It is my opinion traffic congestion at the South Indian River Drive/Walton Road intersection could be alleviated with the addition of stop signs at the North and South intersections on South Indian River Drive with Walton Road. The additional stop signs would allow traffic to safely enter Indian River Drive from Walton Road and would serve as a means to slow traffic traveling on South Indian River Drive. I respectfully request the county's road department address the feasibility of the installation of stop signs as described Thanking you in advance for your cooperation in this matter. If you should have questions or comments concerning this matter, please feel free to contact me. Sincerely, Ken Jr''Mascara Sheriff ds _ C. Robert J. Ashley, Indian River Drive Freeholders President CO. ALIMIN. OFFICE To: VIA: FRom: DATE: SUBJECT: PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM Donald Pauley, Road & Bridge Manager Ann Amandro, Traffic Operations Supervisoia' Tracy O'Sullivan, Traffic Engineer Technician-1'1-1 October 23, 2006 F ccT z 4 zoos St. Lucie County Public Works, Speed Study for Indian River Dr from Walton Rd to Savannah Rd The Traffic Division was asked to conduct a Speed Study on Indian River Dr. The study was completed the week of September 26 — October 3, 2006. Traffic crash reports were reviewed for the past five years. The request to perform the study was to reduce the speed limit from 35 MPH to 25 MPH. The following information was obtained from the study: 1. The posted speed limit in this area on Indian River Dr is 35 MPH. 2. Accident history was gathered for a five year period. There were 6 accidents caused by drivers exceeding the posted speed limit and 7 accidents caused by drivers attempting to pass another vehicle in a no passing zone. 3. 85% showed vehicles traveling at the rate of 41-42 MPH. 4. The average daily number of vehicles was 23,600. The peak AM hour was 7:30 AM — 8:30 AM. The number of vehicles during the AM peak was 325 — 400 vehicles. The PM peak hour was 4:45 PM — 5:45 PM and the number of vehicles during the PM peak was 415 — 470 vehicles per hour. Indian River Dr was designated as a "Scenic Highway" in 2006 and is a highly traveled roadway. It is also a major North/South Arterial Roadway. There are homes on the West side of Indian River Dr which face the river and these resident have access to the river on the East side of the drive. It should be noted lowering the speed limit does not reduce the speed at which drivers operate their vehicles. The study shows that drivers are exceeding the posted speed limit, therefore this office recommends that the posted speed limit of 35 MPH remain and law enforcement be notil enforce the posted speed limit. TLO/sm cc: Chris Craft, County Commissioner District 5 Don West, Public Works Director p/ Mike Powley, County Engineer Debra Spivey, Assistant Road & Bridge Manager St Lucie County Sheriffs Office File Luc: e Cou s, p - II P It I I:[tell MEMORANDUM To: DON PAULEY, ROAD & BRIDGE MANAGER. `PIA: ANN AMANDRO, TRAFFIC OPERATIONS SUPERVISOR FROM: ,TAMES BEAMS, TRAFFIC ENGINEERING TECHNICIAN JP DATE: MAY 16, 2007 SUBJECT: MULTI -WAY STOP STUDY @ INDIAN RIVER DRIVE AND WALTON ROAD. The above study was conducted from April30`h, 2007 at 11:00 a.m. to May 1st, 2007 at 11:00 a.m. There were sixteen accidents at this intersection over a three year period; there were four that were correctible (2 in 2004 & 2 in 2006). The Manual on Uniform Traffic Control Devices (MUTCD) published by the U.S. Department of Transportation is the national standard for Traffic Control Devices. Florida Statute Section 316.0745 states "...all official traffic control signals or devices purchased and installed in this state by any public body or official shall conform with the manual and specifications published by the Department of Transportation..." Many people believe that installing stop signs on all approaches to an intersection will result in fewer crashes. However the crash severity may be lessened but drivers are penalized by the additional delay and higher vehicle operating costs (fuel, brakes, etc.). Over the years there has been no real evidence to indicate that stop signs decrease the speed of traffic. Unwarranted stop signs breed disrespect by motorists who tend to ignore them or slow down without stopping. This can sometimes lead to tragic consequence. The warrants for the multi -way stop sign study were not met. Stop signs should not be viewed as a cure all for solving all safety problems. It is the recommendation of this office to correct the major sight distance problem on the Southwest corner of Indian River Drive and Walton Road. If that corner was cleared of the foliage and trees, drivers would be able to see further to the south and this would alleviate some of the existing problems. We will re -visit this site in six months and conduct another multi -way stop study. J Blsb cc: Sheriff Ken Mascara Commissioner Chris Craft Ms. Christi Mollet Multi -Way Stop Study Volume Indian River Drive Walton Road Time NB SB EB I WB Major Minor Both 0-1 18 9 9 0 n n n 1-2 8 6 9 0n n n 2-3 5 5 4 O n n n 3-4 1 101 2 6 On n n 4-5 1 131 41 15 O n n n 5-6 1 391 221 471 0 n n n 6-7 1 1121 981 1261 O n n n 7-8 1 255 20-81 2391 0 Y ly ly 8-9 1 2181 1961 2141 0 9-10 1 1421 1571 1831 0 10-11 1 1491 1311 156 0 "I n I n 11-12 1 2671 1131 2731 0 12-13 1 1671 1191 1411 01.1 n I n 13-14 1 1851 1361 1591 0 y n n 14-15 1 2601 1541 1681 D y n n 15-16 1 2891 1821 1821 0 16-17 1 3571 2231 1971 0 y y 17-18 1 3981 3071 2041 0 18-19 1 1971 1731 1281 Oly n 19-20 122 88 97 D n n 20-21 101 76 81 0 n n 21-22 74 29 59 0 n n 22-23 48 29 32 0 n n 23-24 36 20 18 O n n JnJ * = 80% Interim Measure Not Applicable Accidents Two correctible accidents in one year. 6` Conclusions This intersection does not meet the minimum volumelaccident requirements; at this time. The sight distance to the south is a major problem at this intersection and should be investigated further for improvement. COLLISION DIAGRAM INTERSECTION `'i� AND I n�,�rin �Z 1 `'� PERIOD Mlr- FROM TO CITY 5+ I..wi C�c.rZ' PREPARED BY __ya��� i�>✓r�7�,� j I y BO 'OG� u� CA T 1-j G 9 .9 Cl.. 7 LR — J r � r-I C - H cr) 7 0* ` �,LnCn street Name E m Z Nr d C m NUMBER OF - ACCIDENTS SYMBOLS TYPES 0! COLLISIONS SNOW fOq EACH PROPERTY DAMAGE ONLY N—_rogwa r[NICL[ ■.Cg..a YLNICLt q'AN two � ACCIDENT wON•ITo"" o v[wICLt NLAO .. �rC(o[ 1 TIw L, ■AT, O.f(, INJURY 0 R FATAL „---nan0Nf.x ■rnc : v(.rwu .wo No.■ 'uNnc[ m r.uco •twic(c .anr• our or coverNOL - v vwu[wL caN0l llOw TOTAL ACCIDENTS O ru[o ou■cr r.uL Acaecwr _.� Lor ruNN [tU r[a . N�Tc _ v [(r.nN O �NJU■r ♦CCI■[N7 Nfawr 1NOLC ■o[N {Na ■.INN 282 n _� AGENDA REQUEST ITEM NO. R Al DATE: December 4, 2007 REGULAR[X] ADDITIONS PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 07-390 - To Support Maintaining the Indian River Lagoon Blueway Project on the "A" Acquisition List under the Florida Forever Program. BACKGROUND: Mr. Troy Rice, Director of the Indian River Lagoon National Estuary Program, has requested that this Board support maintaining the Indian River Lagoon Blueway Project on the "A" Acquisition List under the Florida Forever Program. The attached Resolution No. 07-390 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 07-390 as drafted. COMMISSION ACTION: �] APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 (Comm. Smith absent) County Attorney: Originating Dept. CONCURRENCIdr Dougla< Anderson County Administrator Review and Approvals Management & Budget Purchasing Other: Other: Finance: (Check for Copy only, if applicable)_ Eff. 5/95 RESOLUTION NO. 07-390 A RESOLUTION TO SUPPORT MAINTAINING THE INDIAN RIVER LAGOON BLUEWAY PROJECT ON THE "A" ACQUISITION LIST UNDER THE FLORIDA FOREVER PROGRAM WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Indian River Lagoon, a 156 mile long estuary on Florida's east coast, has been designated by the United States Government as an Estuary of National Significance. 2. The Indian River Lagoon system contains more species of plants and animals than any other estuary in North America, 36 of which are rare, endangered, or threatened. 3. The Indian River Lagoon has been documented to generate revenues of more than $730 million annually including over $338 million in recreational fishing and more than $300 million annually in boat and marine sales. 4. Restoration and protection of the Indian River Lagoon system, including associated estuarine wetlands and undeveloped riverfront upland buffers, are critical to sustain the viability of the Lagoon as a natural and economic resource. 5. The Indian River Lagoon National Estuary Program, in cooperation with the St. Johns River Water Management District, the South Florida Water Management District, and the Florida Counties of Volusia, Brevard, Indian River, St. Lucie and Martin, sponsored the Indian River Lagoon Blueway CARL application in 1997 for State acquisition of estuarine wetlands and undeveloped upland buffers associated with the Indian River Lagoon. 6. The State purchase of Indian River Lagoon wetlands and buffers for restoration and protection purposes is in the public interest of the citizens of St. Lucie County and complements County efforts and objectives to preserve the environmental and economic values of the Indian River Lagoon contained within the Comprehensive Management Plan of St. Lucie County, the National Estuary Program, and the Surface Water Improvement and Management Program. 7. St. Lucie County has invested millions of dollars into critical land acquisition and management of land to improve water quality with the Indian River Lagoon. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board supports maintaining the Indian River Lagoon Blueway Project on the "A" Acquisition List by the Acquisition Restoration Council for the State Florida Forever purchase of estuarine wetlands and undeveloped upland buffers associated with the Indian River Lagoon. 2. The County Administrator is hereby directed to forward copies of this resolution to the members of the Florida Acquisition and Restoration Council. After motion and second the vote on this resolution was as follows: Chairman Joseph E. Smith XX Vice -Chairman Paula A. Lewis XX Commissioner Doug Coward XX Commissioner Charles Grande XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this 4" day of December, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 'Indian River Lagoon Blueway - ARC Meeting December14cc- • UaUn Ae, PageI f 22 P-- �14 Liz Martin - Indian River Lagoon Blueway - ARC Meeting December 14 I� -�� «..,, �:. �.._ �•s ,,v..vi., .F<<,a��aiar�,.,,;�a;� ;, ��� .,..� .,xs�v�s��oaE:. ��:�, rs�,;.:er,,.. From: "Troy Rice" <trice@sjrwmd.com> To: "Anne Birch" <abirch@tnc.org>, "Bill Kerr" <bki@cfl.rr.com>, "C�&Nclson- <chuck.nelson@brevardcounty.us>, "David Roach" <droach@aicw.org>, "Debbie Peterson" <debbie.r.peterson@usace.army.mil>, "Donna Smith" <donna.smith@fl.usda.gov>, "Doug Smith" <dsmith@martin.fl.us>, "Jack Hayman" <jhayman@co.volusia.fl.us>, "John Windsor" <jwindsor@fit.edu>, "Liz Martin" <liz@co.st-lucie.fl.us>, "Mario Busacca" <mario.busacca-1@ksc.nasa.gov>, "Marty Smithson" <msmithson@sitd.us>, "Melissa Meeker" <mmeeker@sfwmd.gov>, "Rebecca Elliott" <relliott@sfwmd.gov>, "Ron Hight" <ron_hight@fws.gov>, "Stallings Howell" <howell.stallings@epamail.epa.gov>, "Steve Lau" <steve.lau@myfwc.com>, "Vivian Garfein" <vivian.garfein@dep.state.fl.us>, "Wesley Davis" <wdavis@ircgov.com> Date: 11/21/2007 11:41 AM Subject: Indian River Lagoon Blueway - ARC Meeting December 14 CC: "Amy Adams" <aadams@gate.net>, "Andrea Povinelli" <apovinelli@tnc.org>, "Anna Colgan" <acolgan@martin.fl.us>, "Casey Fitzgerald" <cfitzgerald@sjrwmd.com>, "Charles Proffit" <cproffit@fau.edu>, "Donna Gordon" <dgordon@martin.fl.us>, "Drew Kendall" <kendall.drew@epa.gov>, "Duane DeFreese" <ddefreese@hswri.org>, "Ed Garland" <egarland@sjrwmd.com>, "Ernie Brown" <ernestbrown@brevardcounty.us>, "Fielding Cooley" <fielding@marinediscoverycenter.org>, "Ginger Wright" <gingerwright@cfl.rr.com>, "Gordon England"<gengland@stormwatersolutionsinc.com>, "Jeff Beal" <jeff.beal@myfwc.com>, "Jim Egan" <council@mrcirl.org>, "Joel Steward" <jsteward@sjrwmd.com>, "Karen Smith" <klsmith@sfwmd.gov>, "Kathy Hill" <khill@sjrwmd.com>, "Kathy LaMartina" <klamart@sfwmd.gov>, "Kathy Recore" <krecore@sjrwmd.com>, "Kelly Young" <kyoung@co.volusia.fl.us>, "Laura Herren" <laura.herren@dep.state.fl.us>, "Liz Alward" <liz.alward@brevardcounty.us>, "Margarita Engel" <mengel@sjrwmd.com>, "Mark Crosley" <mcrosley@aicw.org>, "Maurice Sterling" <msterling@sjrwmd.com>, "Michelle Leigh" <mleigh@co.volusia.fl.us>, "Paul Millar" <pmillar@martin.fl.us>, "Rita Smith" <rsmith@ircgov.com>, "Robert Day" <rday@sjrwmd.com>, "Rodney Smith"<rdney@coastalanglermagazine.com>, "Sharon Tyson" <sharon.tyson@dep.state.fl.us>, "Stephanie Lalonde" <stephanie.11onde@dep.state.fl.us>, "Tiffany Busby" <busbytl@bellsouth.net>, "Tim Jones" <jones.tim@epamail.epa.gov>, "Tom Carey" <tcarey@co.volusia.fl.us>, "Toni Edwards" <toni.edwards@dep.state.fl.us>, "Wayne Mozo" <wmozo@sjrwmd.com> Attachments: ole4.bmp; IRL Blueway ARC letter.pdf, IRL Blueway ARC07.doc; BLUEWAY RESOLUTION l.doc; BLUEWAY RESOLUTION 2.doc —IRL Blueway ARC letter.pdf» —IRL Blueway ARC07.doc» «BLUEWAY RESOLUTION 1.doc>> —BLUEWAY RESOLUTION 2.doc>> Indian River Lagoon Advisory Board, The state's Acquisition and Restoration Council (ARC) is meeting in Tallahassee on Friday, December 14, 2007 to review and rank projects on the Florida Forever acquisition list. If you recall in 1994, the IRL NEP Program supported the continuation of the Indian River Lagoon Blueway Project on the council's Group A, Full Fee Projects list. Group A rankings allow the state to use its resources to acquire lands in a Group A project with 100% state funds — no partners are required; with Group B projects the state will not work on file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\47441966S... 11/26/2007 Indian River Lagoon Blueway - ARC Meeting December 14 Page 2 of 2 acquisition unless it has a partner with at least 50% of the required funding. Once again, letters and resolutions of support are needed for maintaining the IRL Blueway Project in Group A. I have attached a copy of the letter I wish to send on behalf of the IRL NEP Program, as well as an information sheet on the Blueway Project with ARC member contacts, and two examples of resolutions. If it is possible for each of the counties and water management districts to generate a resolution supporting continuation of the IRL Blueway Project under the Group A list prior to December 14, please do so and send the resolution to ARC staff director Jim Farr and provide a copy to me. If you would like I can be present at the appropriate commission meeting or board meeting to formally request this resolution of support. I will try and contact Commissioners Nelson, Hayman, Smith, Grande and Davis and WMD Board members Kerr and Meeker to discuss this with you each. If it is not possible to pass a resolution before December 14, or if your organization willing, please consider generating a letter of support using the attached pdf document as a template. I can provide this letter in WORD if needed. Please copy me on any and all resolutions and support letters for the Blueway. I am planning on attending the Dec 14 ARC meeting in support of the project and having copies of your governments or groups resolution and letters will be very helpful. Wishing everyone a safe and Happy Thanksgiving Holiday with family and friends. Thanks -Troy Troy Rice, Director Indian River Lagoon National Estuary Program St. Johns River Water Management District 525 Community College Pkwy. S.E. Palm Bay, FL 32909 Phone:(321)984-4950 Fax: (321)984-4937 Toll free: 1-800-226-3747 "�. Picture (Device Independent Bitmap) Have a Lagoon specialty license plate yet? file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\47441966S... 11/26/2007 RESOLUTION 2007-XXX RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF XXXXXX COUNTY, FLORIDA, SUPPORT OF THE GROUP "A" INDIAN RIVER LAGOON BLUEWAY FLORIDA FOREVER PROJECT WHEREAS, the Indian River Lagoon is a 156-mile long estuary on Florida's east coast and more than XXX miles of the lagoon is located in XXXXXX County, encompassing the Indian River, Banana River and Mosquito Lagoons and the St. Lucie River Estuary; and WHEREAS, in 1990 the federal government designated the Indian River Lagoon as an Estuary of National Significance; and WHEREAS, the Indian River Lagoon restoration and protection of estuarine wetlands and undeveloped upland buffers are critical to sustain the viability of the Lagoon as a natural and economic resource; and WHEREAS, the counties of Brevard, Volusia, Indian River, St. Lucie and Martin, together with the St. Johns River and South Florida Water Management Districts and the National Estuary Program sponsored the Indian River Lagoon Blueway CARL application in 1997 for State acquisition of estuarine wetlands and upland buffers associated with the Lagoon; and WHEREAS, the XXXXXX County Environmentally Endangered Lands Program, together with its partners has contributed more than $XXXXX million in funds for the protection of lands in XXXXXX County identified in the Indian River Lagoon Blueway project; and WHEREAS, the County appreciates the State's continuous support of the Indian River Lagoon Blueway project, and the protection of these lands complements the County's efforts to preserve the environmental and economic values of the Indian River Lagoon as outlined in the XXXXXXXX County Comprehensive Management Plan, the National Estuary Program's Comprehensive Conservation Management Plan and the Indian River Lagoon Surface Water Improvement and Management Plan; and WHEREAS, the State's Acquisition and Restoration Council is considering the ranking of projects on the Florida Forever program Group A and Group B lists on December 14, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF XXXXXXXXCOUNTY, FLORIDA: 1. That the XXXXXXXX County Board of County Commissioners supports maintaining the Indian River Lagoon Blueway project in Group "A" by the Acquisition and Restoration Council for the Florida Forever program. 2. This Resolution shall become effective immediately upon adoption. DONE, ORDERED AND ADOPTED IN REGULAR SESSION THIS XX DAY OF XXXXX, 2007. ATTEST XXXXXXXX COUNTY COMMISSION CLERK XXXXXXXXXXX, CHAIRMAN As approved by the Board on XXXXXXXX, 2007 BEFORE THE BOARD OF COUNTY COMMISSIONERS XXXXXXXX COUNTY, FLORIDA RESOLUTION NUMBER XXXXXXXXX A RESOLUTION TO SUPPORT MAINTAINING THE INDIAN RIVER LAGOON BLUEWAY PROJECT ON THE "A" ACQUISITION LIST UNDER THE FLORIDA FOREVER PROGRAM. WHEREAS, the Indian River Lagoon, a 156-mile long estuary on Florida's east coast, has been designated by the United States Government as an Estuary of National Significance; and WHEREAS, the Indian River Lagoon system contains more species of plants and animals than any other estuary in North America, 36 of which are rare, endangered, or threatened; and WHEREAS, the Indian River Lagoon as been documented to generate revenues of more than $730 million annually including over $338 million in recreational fishing and more than $300 million annually in boat and marine sales; and WHEREAS, restoration and protection of the Indian River Lagoon system, including associated estuarine wetlands and undeveloped riverfront upland buffers, are critical to sustain the viability of the Lagoon as a natural and economic resource; and WHEREAS, the Indian River Lagoon National Estuary Program, in cooperation with the St. Johns River Water Management District, the South Florida Water Management District, and the Florida Counties of Volusia, Brevard, Indian River, St. Lucie and Martin, sponsored the Indian River Lagoon Blueway CARL application in 1997 for State acquisition of estuarine wetlands and undeveloped upland buffers associated with the Indian River Lagoon; and WHEREAS, the State purchase of Indian River Lagoon wetlands and buffers for restoration and protection purposes is in the public interest of the citizens of xxxxxxxxx County and complements County efforts and objectives to preserve the environmental and economic values of the Indian River Lagoon contained within the Comprehensive Management Plan of XXXXXXXX County, the National Estuary Program, and the Surface Water Improvement and Management Program; and WHEREAS, XXXXXXXXXX County has invested millions of dollars into critical land acquisition and management of land to improve water quality with the Indian River Lagoon. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF XXXXXXXXX COUNTY, FLORIDA: Section 1. That the XXXXXXXXX County Board of County Commissioners supports maintaining the Indian River Lagoon Blueway Project on the "A" Acquisition List by the Acquisition Restoration Council for the State Florida Forever purchase of estuarine wetlands and undeveloped upland buffers associated with the Indian River Lagoon. Section 2. This Resolution shall become effective immediately upon adoption. DULY PASSED AND ADOPTED BY THE BOARD OF COUTNY COMMISSIONERS OF XXXXXXX COUNTY, this XX day of XXXXXXXX , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS XXXXXXXXXX COUNTY, FLORIDA IM XXXXXXXXXX, CLERK XXXXXXXXXXXXXX , CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: XXXXXXXXXXXXX COUNTY ATTORNEY Indian River lagoon Blueway Florida Forever Project • The IRL Blueway Project was proposed to the state in 1997 as a Conservation and Recreation lands (CARL) project • The initial IRL Blueway proposal supported via resolutions by Volusia, Brevard, Indian River, St. Lucie & Martin Counties; SJRWMD & SFWMD. These local governments and agencies continue to support this project. • According to Florida Natural Areas Inventory (FNAI), as of November, 2007 the IRL Blueway Project is 16% complete with 22,640 acres left to acquire • The IRL Blueway Project is currently ranked in Group A by the Florida Forever Program's Acquisition and Restoration Council (ARC). o Group A Ranking - Allows the State to use its resources to acquire lands in a Group A project with 100% state funds - no partners are required. o Group B ranking - The State will not work on acquisition of the project unless it has a partner with at least 50% of the required funding or an exceptionally good deal is available • The ARC will be holding a meeting on December 14, 2007 in Tallahassee to consider ranking of all projects. Once again, letters or resolutions of support for maintaining the IRL Blueway Project in Group A are required. Examples of letters of support or resolutions are attached. Please send these letters or resolutions to: Acquisition & Restoration Council c/o Jim Farr Office of Environmental Services Division of State Lands 3900 Commonwealth Boulevard, MS 140 Tallahassee, Florida 32399-3000 Contact information for individual ARC members is also attached. ACQUISITION AND RESTORATION COUNCIL (ARC) Staff Director, Jim Farr 0im.farr@dep.state.fl.us) Office of Environmental Services, Division of State Lands Department of Environmental Protection 3900 Commonwealth Boulevard, M.S. 140 Tallahassee, Florida 32399-3000, (Carr Building, Room 360E) Phone: (850) 245-2766, Fax: (850) 245-2786 Council Members Staff Members Departmentof Environmental Protection Chair Mr. Albert Gregory Mr. Dave Worley (albert.gregory@dep.state. fl.us) (david.worley@dep.state.fl.us) Mr. Mike Sole, Secretary (michael.sole@dep.state.fl..us) Office of Park Planning Bur. of Watershed Management M.S. Douglas Building, Room 1041 Division of Recreation & Parks Division of Water Resource Management 3900 Commonwealth Blvd., M.S. 10 3900 Commonwealth Blvd., M.S. 525 2600 Blair Stone Road, M.S. 3570 Tallahassee, Florida 32399-3000 Tallahassee, Florida 32399-3000 Tallahassee, Florida 32399-2400 Phone: (850) 245-2011 Phone: (850) 245-3051 Phone: (850) 245-7514 Fax: (850) 245-2021 Fax: (850) 245-3074 Fax: (850) 245-8434 Department of Community Affairs Mr. Tom Pelham, Secretary (tom.pelham@dca.state.fl.us) Mr. Grant Gelhardt (grant.gelhardt@dca.state. fl.us) Sadowski Building, Rm 100 Sadowski Building, Room 310D 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Tallahassee, Florida 32399-2100 Phone: (850) 488-8466 Phone: (850) 922-1704 Fax: (850) 921-0781 Fax: (850) 921-1747 Fish and Wildlife Conservation Commission Mr. Ken Haddad, Director (ken.haddad@fwc.state.fl.us) Mr. Gary Cochran (gary.cochran.Wc.state. fl.us) Farris Bryant Building, Room 101 Marathon Bldg., Suite203 620 South Meridian Koger Center Tallahassee, Florida 32399-1600 Tallahassee, Florida 32399 Phone: (850) 487-3796 Phone: (850) 487-9185 Fax: (850) 488-6988 Fax: (850) 487-9422 Department of Agriculture and Consumer Services Mr. Michael Long, Director (longm@doacs.state.fl.us) Mr. John Barrow Mr. John Browne (brown ej@doacs.state. fl.us) (barrowj@doacs. state. fl. us) Division of Forestry Division of Forestry Division of Forestry Administration Building, C-25 Administration Building, C- 25 Administration Building, C-25 3125 Conner Boulevard Room 274 3125 Conner Boulevard Tallahassee, Florida 32399-1650 3125 Conner Boulevard Tallahassee, Florida 32399-1650 Phone: (850) 488-4274 Tallahassee, Florida 32399-1650 Phone: (850) 488-1425 Fax: (850) 488-0863 Phone: (850) 414-9910 Fax: (850) 488-0863 Fax: (850) 488-0863 Division of Historical Resources, Department of State Mr. Fred Gaske, Director (fgaske@dos. state.fl.us) Mr. Mike Wisenbaker (mwisenbaker@dos.state.fl.us) R.A. Gray Building, Room 305 R.A. Gray Building, Room 310 500 South Bronough Street 500 South Bronough Street, M.S. 8 Tallahassee, Florida 32399-0250 Tallahassee, Florida 32399-0250 Phone: (850) 245-6338 Phone: (850) 245-6318 Fax: (850) 245-6435 Fax: (850) 245-6436 Governors Appointees VACANT Mr. David "Lane" Green, Exec. Dir. (lane@ttrs.org) Tall Timbers Research Station 13093 Henry Beadel Drive Tallahassee, Florida 32312 Phone: (850) 893-4153 x239 Fax: (850) 893-6470 Ms. Christine M. Klena CH2M Hill 1136 Thomasville Road Tallahassee, Florida 32303 Phone: (850) 841-1708 Fax: (850) 222-3682 Ms. Vickie Larson (larson1@aol.com) Ecospatial Analysts, Inc. 475 Robin Hood Drive Merritt Island, FL 32953 Phone: (321) 403-5147 MIAN RIVER LAGOON PROGRAM INDIAN 525 Community College Parkway, S.E. • Palm Bay, FL 32909 RIVER Toll -free Phone: 800-226.3747 PROGRAM Phone: (321) 984-4950 or SUNCOM 3504930 Fax: (321) 984.4937 or SUnCOM 350-4937 Internet: http://sjr.state.fl.us Mr. Mike Sole, Secretary November 26, 2007 ,. Department of Environmental Protection M.S. Douglas Building, Room 1041 3900 Commonwealth Blvd., M.S. 30 Tallahassee, Florida 32399-3000 Dear Secretary Sole and ARC Members, The membership of the Indian River Lagoon National Estuary Program Advisory Board is requesting your support for maintaining the Indian River Lagoon Blueway Project ranking on the Florida Forever Group A, Full Fee Projects list. As you know, the Indian River Lagoon is characterized as our nation's most biologically diverse estuary, and as one of the most productive and economically important coastal waterways in Florida. Three distinct natural communities are recognized along the Lagoon's 156-mile span. These communities include the relic beach ridges of the Atlantic barrier islands, the estuaries of the Indian River, Mosquito, Banana and St. Lucie rivers, and the historic dunes of the Ten Mile and Atlantic Coastal ridges. Each of these communities provides habitat for many diverse native species, offers unique recreational opportunities for all Floridians, and generates important sustainable economic resources to the state. The Indian River Lagoon Blueway concept parallels the state's Greenways Initiative, except that in this case the public waters of the Lagoon system provide the physical and ecological connection to maintain the natural ecosystem that benefits all of Florida. Continuing the successful acquisitions under the Indian River Lagoon Blueway Project will insure the future survival of this Estuary of National Significance by protecting and connecting the remaining critical outparcels to existing public conservation areas. In fact, the recent purchase in October 2007, of over 380 acres known as the Thousand Islands within the Banana River Lagoon, near Cocoa Beach, shows the ongoing importance of acquiring lands under the Indian River Lagoon Blueway to the residents of Florida. The great value of this Florida Forever project is further enhanced by the coordinated work of the St. Johns River and South Florida water management districts, Brevard, Indian River, St. Lucie, Martin and Volusia counties, local mosquito control districts, The Nature Conservancy and the support and funding of cities throughout the watershed. Since the Indian River Lagoon Blueway was placed on the CARL list in 1998, the project partners have acquired over 4,100 acres, identified and communicated interest to all project site landowners, coordinated appraisals, mapping, surveys and title searches and is actively continuing to pursue acquisition of the nearly 22,000 remaining acres under the project. The Indian River Lagoon Blueway is an essential component in the work to stabilize and protect this fragile ecosystem that is threatened by urban sprawl and Florida's booming population. Thank you for your support in maintaining the Indian River Lagoon Blueway Project on the Florida Forever Group A list. This project continues to provide the opportunity to integrate and utilize valuable partnerships in land protection for the America's most. biologically diverse estuarine system and one of Florida's most popular natural resource -based recreation areas —the Indian River Lagoon. Sincerely, ---�,I4� Troy Rice 10 R EPA Director In cooperation with the South Florida Water Management District and U.S. Environmental Protection Agency 11/30/07 FZABWARR FUND TITLE 001 001146 001164 001167 001180 001183 001190 001195 001404 001417 001419 001420 001421 001814 101 101001 101002 101003 101004 101006 101109 102 102001 105 J01 107002 107006 107204 ill 112 120 122 126 129 130 139 140 140334 150 160 170 183 183001 183003 183004 183006 185006 ST. LUCIE COUNTY - BOARD WARRANT LIST # 9- 22-NOV-2007 TO 30-NOV-2007 FUND SUMMARY General Fund FTA USC Section 5307 FY03 USDOJ Violence Against Women Grant PTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr Section 112/MPO/FHWA/Planning 2007 PTA Sec 5307 - Buses 05/06 Community Services Block Grant 05 CDBG Sup Disaster Recovery FDCA St. Lucie Co. Special Needs Sh FDCA-Construct County EOC TDC Planning Grant 07 F1 Commission for Transportation Di 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 FHWA/FDOT County Rds-H. Jeanne Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU Palm Grove Fund Port & Airport Fund Const. Apron & Environmental Mitiga Impact Fee Collections Plan Maintenance RAD Fund Court Facilities 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 EXPENSES 2,631,456.98 130.00 17,298.82 16.18 19.78 625.90 105,438.00 110.07 1,547.83 627,304.96 3,765.88 159.90 32,656.50 106.48 4,013.80 25,082.76 76,418.22 7,053.06 7,277.16 479,857.19 372.60 14,868.94 605.02 1,080.80 3,567,191.02 2,380.81 3,719.22 68,968.01 118.75 2,842.81 604.97 179.30 1,034.30 124.79 18,550.16 17,947.62 757.95 71,063.55 16,906.07 87.76 1,137.43 11,849.80 4,437.82 349.55 1,080.00 461.41 1,950.45 28.90 PAGE 1 PAYROLL 679,455.85 0.00 0.00 211.44 258.57 3,962.69 0.00 1,439.00 1,381.18 0.00 0.00 555.03 0.00 1,391.91 43,908.44 976.30 48,662.99 35,469.13 20,559.95 0.00 0.00 88,520.39 7,054.20 0.00 131,772.73 1,081.20 48,617.51 8,488.00 1,552.31 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 17,257.56 0.00 1,147.21 31638.13 0.00 0.00 0.00 0.00 3,090.38 0.00 0.00 11/30/07 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST # 9- 22-NOV-2007 TO 30-NOV-2007 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 185008 FHFA Hurricane Housing Recovery 99.86 1,305.36 185009 FHFA SHIP 2007/2008 82.87 1,083.20 189201 FHFC Hurricane Housing Recovery Pla 36,126.70 2,806.78 204 Communication System I&S Fund 700.38 0.00 316 County Capital 12,444.16 0.00 316001 Transportation Capital 1,676.70 0.00 39007 Indian River Estates MSBU 1,615,946.25 0.00 396 Lennard Road 1 - Roadway Capital 3,124.00 0.00 397 Lennard Road 2 - Water Capital 3,500.00 0.00 398 Lennard Road 3 - Sewer Capital 3,500.00 0.00 401 Sanitary Landfill Fund 79,232.99 82,657.65 418 Golf Course Fund 20,639.82 26,121.40 451 S. Hutchinson Utilities Fund 4,712.78 1,725.65 458 SH Util-Renewal & Replacement Fund 50.22 656.47 461 Sports Complex Fund 13,533.53 17,511.17 471 No County Utility District-Operatin 3,553.37 8,572.43 478 No Cty Util Dist -Renewal & Replace 112.36 1,468.94 479 No Cty Util Dist -Capital Facilities 95.62 1,250.24 491 Building Code Fund 5,673.35 59,507.45 505 Health Insurance Fund 817,851.72 3,776.86 505001 Property/Casualty Insurance Fund 2,584.01 2,340.00 615 Impact Fees Fund 104,977.04 0.00 625 Law Library 13,025.68 0.00 801 Bank Fund 357,268.24 0.00 GRAND TOTAL: 10,931,550.93 1,361,235.70 AGENDA REQUEST t6UNTY.,_LL >::c TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2 DATE: December 4, 2007 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Third Amendment to Agreement with Clarion and Associates BACKGROUND: RECOMMENDATION CONCLUSION: COMMISSION ACTION: See CA No. 07-2007 Staff recommends the Board approve Third Amendment and authorize the Chairman to sign. APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 (Comm. Smith absent) CONCURRENGM Zz- Dou s M. Anderson County Administrator Review and Approvals [X] County Attorney: ( ]Management & Budget: [ ]Purchasing:_ [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 M INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 07-2007 DATE: December 4, 2007 SUBJECT: Third Amendment to Clarion and Associates Contract BACKGROUND: The County has had an agreement with Clarion and Associates for consulting services with respect to revisions to Chapter 10, 11, and 12 of the Land Development Code. Staff would like to expand the scope of these services, extend the time for completion of services, and change the amount of compensation. RECOMMENDATION/CONCLUSION: Staff recommends the Board approve Third Amendment and authorize the Chairman to sign. Respectfully sub its , ` Heather Sperrazz �Lueke f Assistant County Attorney cc: Mark Satterlee, Growth Management Director Lee Ann Lowery, Assistant County Administrator HSL/ THIRD AMENDMENT TO MARCH 9, 2004 CONSULTING AGREEMENT BETWEEN ST. LUCIE COUNTY AND CLARION ASSOCIATES THIS THIRD AMENDMENT made this day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (County) and CLARION ASSOCIATES, or his, its or their successors, executors, administrators and assigns (Consultant). WHEREAS, on March 9, 2004, the parties entered into a Consultant Agreement (the "Agreement") whereby the Consultant agreed to provide professional consulting services for land use/planning assistance to St. Lucie County; and WHEREAS, on September 27, 2005, the parties entered into a First Amendment amending the Time of Performance allowing for additional time to complete the work; and WHEREAS, on February 27, 2007, the parties entered into a Second Amendment extending the time of performance and expanding the scope of services; and WHEREAS, the parties desire to further amend the Agreement to expand the scope of services, increase the compensation and amend the time of performance. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 2. SCOPE OF WORK of the Contract shall be amended to read as follows: 2. SCOPE OF WORK The initial scope of work to be performed by the Consultant under this Agreement identified in the Work Program, which is attached to this Agreement as Exhibit "A". The additional scope of work to be performed is set out in Task 1 (Revised January, 2007) which is attached as Exhibit A-1. Additional scope of work to be performed, as requested by the County, is set out in "Exhibit A: Work Program," attached. 2. Paragraph 4. TIME OF PERFORMANCE of the Contract shall be amended to read as follows: G:\ATTY\AGREEMNT\clarion-3A.wpd -1- 4. TIME OF PERFORMANCE The Consultant shall complete all work on or before June 1, 2008. 3. Paragraph 5. COMPENSATION of the Contract shall be amended to read as follows 5. COMEPNSATION The Consultant shall be compensated for the initial services rendered under this Agreement pursuant to Exhibit"B". The Consultant shall be compensated for the additional services in the Second Amendment (Task I - Revised January, 2007) rendered under this Agreement pursuant to Exhibit B-1. The Consultant shall be compensated as shown in Exhibit B-2, attached, for any additional services requested by the County and provided by the Consultant in accordance with the Third Amendment ("Exhibit A: Work Program") . 4. All other terms and conditions of the original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: Deputy Clerk WITNESSES: G:\ATTY\AGREEMNT\clarion-3A.wpd -2- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CLARION ASSOCIATES M Print Name: Print Title: G:\ATTY\AGREEMNT\clarion-3A.wpd -3- EXHIBIT A: WORK PROGRAM Task 1: Attending Worksession Background Research Consultant will prepare for and attend a worksession with the Planning and Zoning Commission over two (2) full days to present and receive comments and direction on changes to draft Chapters 10, 11, and 12 (Administration module) of the Land Development Code (LDC). During the same days at which Consultant meets with the Planning and Zoning Commission, Consultant will also meet with the Growth Management Director and staff, as appropriate. Task 9 Summary Deliverables Attending two (2) day worksession with Planning and Zoning Commission on Administration module. County/Staff Responsibilities • Schedule and set up logistics for worksession with Planning and Zoning Commission; take notes of comments of Planning and Zoning Commission at worksession. Trips One, two (2) day trip to St. Lucie County to attend worksession with Planning and Zoning Commission. Schedule Estimated completion date: October 12, 2007 Task 2: Revisions to Administration Module (Chapters 10, 11, and 12) Staff Draft Based on the comments and direction received from the Planning and Zoning Commission at the worksessions in Task 1, and additional direction and input received from staff, Consultant will make revisions (in redline) to the draft Administration module (Chapters 10, 11, and 12) of the LDC. Consultant will forward drafts of the proposed revisions to County staff for review and comment. Staff will then prepare a consolidated set of written comments on the draft, and Consultant will schedule a conference call with staff (if necessary) to discuss staff comments. Public Draft Based on comments received by staff, Consultant will revise the document to create a second draft of the revised Administration module for the Planning and Zoning Commission public hearing on the draft. Consultant will deliver an electronic version of the draft materials and ten hard copy versions, in color. 1 Task 2 Summary Deliverables • Prepare staff drafts of revisions to Administration module (Chapters 10, 11, and12), based on comments and direction of Planning and Zoning Commission at worksession in Task 1, and comments from County staff • Prepare public draft of Administration module, based on staff comments County/Staff Responsibilities • Provide consolidated set of comments on Administration module • Review staff draft and provide consolidated, written comments • Participate in conference call to discuss staff comments • Distribute public draft, as appropriate Trips • None Schedule Estimated completion date: November 30, 2007 Task 3: Hearing with Planning and Zoning Commission Consultant will prepare for and attend a public hearing on the revised public draft of the Administration module of the LDC with the Planning and Zoning Commission. The public hearing will be scheduled to be held in the late afternoonlearly evening, and be completed that same day. At the public hearing, Consultant will present the revised draft of the Administration module, and be available to answer any questions. Task 3 Summary Deliverables • Attending public hearing over one (1) day with Planning and Zoning Commission on revised public draft of Administration module. County/Staff Responsibilities • Schedule and set up logistics for public hearing with Planning and Zoning Commission. Trips One, one and one-half (1 %) day trip to St. Lucie County to attend public hearing with Planning and Zoning Commission. Schedule Estimated completion date: late January, 2008 2 Task 4: Revisions to Administration Module (Chapters 10, 11, and 12) Staff Draft Based on the comments and direction received from the Planning and Zoning Commission at the public hearing in Task 3, and additional direction and input received from staff, Consultant will make revisions to the public draft Administration module of the LDC. Consultant will forward drafts of the proposed revisions to County staff for review and comment. Staff will then prepare a consolidated set of written comments on the draft, and Consultant will schedule a conference call with staff (if necessary) to discuss staff comments. Public Draft Based on comments received by staff, Consultant will revise the document to create a second draft of the revised Administration module of the LDC for public hearing. It is assumed this draft will be forwarded to the Board of County Commissioners. Consultant will deliver an electronic version of the materials and one hard copy version. Task 4 Summary Deliverables • Prepare staff draft of revised Administration module (Chapters 10, 11, and 12), based on comments and direction of Planning and Zoning Commission at worksessicn in Task 3, and comments from County staff • Prepare public draft of Administration module, based on staff comments County/Staff Responsibilities Review staff drafts and provide consolidated, written comments Participate in conference call to discuss staff comments • Distribute public draft, as appropriate Trips • None Schedule Estimated completion date: To be mutually agreed upon by County staff and Consultant Task 5: Worksessions/Hearings on Administration module Consultant will be available to prepare for and attend two additional one -day worksessions/hearings on the revised public draft of the Administration module of the LDC. It is assumed these worksessions/hearings will be with the Board of County Commissioners, but they could be with other entities, based on the County's direction. At the worksessions/hearings, Consultant will present the revised draft of the Administration module, and be available to answer any questions. 3 Task 5 Summary Deliverables • Attending two, one (1) day worksessions/hearings on revised public draft of Administration module. County/Staff Responsibilities • Schedule and set up logistics for worksessions/hearings. Trips Two, one and one-half (1 %) day trip to St. Lucie County to attend worksessions/hearings on revised public draft of Administration module. Schedule Estimated completion date: To be mutually agreed by County staff and Consultant ST. LUCIE COUNTY, FLORIDA, REVISIONS TO ADMINISTRATION MODULE Ot—Lq" PRELIMINARY BUDGET TASK CLARION TOTAL Richardson Goebel Buckley 18$675 Number of Trips Travel Expenses* $875 $ $1,55C TASK TOTAL $1 5180C ASK 2: REVISING ADMINISTRATION MODULE Revising Administration module, Number of Trips — TASK TOTAL I TASK 3: HEARING WITH PLANNING AND ZONING COMMISSION TASK 4: SECOND REVISIONS TO ADMINISTRATION MODULE based on PZC hearing and additional staff comments Number of Trips I TASK TOTAL $9,990 TASK 5: ADDITIONAL HEARINGS Number of Trips 2 1 TASK TOTAL $14,3651 PROJECT SUBTOTALS *Clarion travel expenses from Chapel Hill are based on an estimated round-trip airfare, cost of $375. Clarion travel expenses from Denver are based on an estimated round-trip airfare cost of $575. Estimated travel costs are subject to change depending upon actual airfare costs. r1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT ITEM NO. C-3A DATE: December 4, 2007 REGULAR( ) PUBLIC HEARING ( ) CONSENT(X) PRESENTED BY: DIANA LEWIS, DIRECTOR SUBJECT: Request approval for Work Authorization #7 for LPA Group to provide consultant services to remove exotics on a 12.13 acre mitigation site at the St. Lucie County International Airport, for a lump sum cost of $32,000. BACKGROUND: As a condition of approval of the Vegetation Removal Permit for the Fixed Based Operator Ditch Relocation Project adjacent to Jet Service Center, the Environmental Resources Division (ERD) requested the removal of exotics on a 12.13 acre site at the corner of US1 and 25th Street. The site was previously set aside as mitigation for the removal of trees on the Aircraft Rescue and Firefighting Facility. Approval of the Work Authorization will include the exotics removal and a follow-up maintenance event for a cost not to exceed $32,000. This work will be incorporated under an existing 80% grant from the Florida Department of Transportation. FUNDS AVAILABLE: 140334-4220-563005-400 Infrastructure Cons. Eng. PREVIOUS ACTION: Not applicable. RECOMMENDATION: Staff recommends that the Board approve Work Authorization #7 for LPA Group to provide professional services to remove exotics at the 12.13 acre site on the corner of US 1 and 25th Street for a total lump sum cost of $32,000, and the Chair or designee to execute the same. COMMISSION ACTION: K APPROVED () DENIED ( ) OTHER Approved 4-0 (Comm. Smith absent) Coordination/Signatures #90-- County Attorney( Mgt. & Budget( ) Originating Dept. () LK Other( ) Finance: (check for copy, only if applicable) CONCURRE DO ANDERSON COUNTY ADMINISTRATOR Purchasing ( ) Other ( ) i BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: November 15, 2007 AIRPORT Diana Lewis, Director Re: Request approval for Work Authorization #7 for LPA Group to provide consultant services to remove exotics on a 12.13 acre mitigation site at the St. Lucie County International Airport, for a lump sum cost of $32,000. As a condition of approval of the Vegetation Removal Permit for the Fixed Based Operator Ditch Relocation Project adjacent to Jet Service Center, the Environmental Resources Division (ERD) requested the removal of exotics on a 12.13 acre site at the corner of US1 and 25th Street. The site was previously set aside as mitigation for the removal of trees on the Aircraft Rescue and Firefighting Facility. Approval of the Work Authorization will include the exotics removal and a follow-up maintenance event for a cost not to exceed $32,000, which is the value of the trees to be impacted on the FBO ditch relocation site. This work will be incorporated under an existing 80% grant from the Florida Department of Transportation. Staff recommends that the Board approve Work Authorization #7 for LPA Group to provide professional services to remove exotics at the 12.13 acre site on the corner of US 1 and 25th Street for a total lump sum cost of $32,000. c soOUNTY 7 F L O R I D A WORK AUTHORIZATION NO. 07 CONTRACT C07-04-213 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2007, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and THE LPA GROUP INCORPORATED, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07-04-213) hereinafter referred to as "Contract' with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County International Airport— U.S. Highway 1 Mitigation Area — Exotic Removal (hereinafter referred to as "the Project'.) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-04-213). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto which are attached hereto and made a part of this work authorization and incorporated herein Page 1 of 2 3. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall not exceed a total lump sum amount of thirty-two thousand and 001100 dollars ($32,000.00), as further detailed in Exhibit "B". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice To Proceed, and shall complete all work within the schedule described in Exhibit "A". C. The period herein above specified for project completion may be extended by such time as shall be approved by the County, or the Contract may be cancelled by the County with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: THE LPA GROUP INCORPORATED BY: Print Name: Title: Page 2 of 2 EXHIBIT A SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT FPR TASK NO. U.S. HIGHWAY 1 MITIGATION AREA EXOTIC REMOVAL St. Lucie County (CLIENT) has contracted THE LPA GROUP INCORPORATED (LPA) to remove exotic and nuisance. plant species at a mitigation area that is approximately 12.13 acres in size and is located near the corner of U.S. Highway 1 and 25 h Street (PROJECT) (EXHIBIT B). The PROJECT site is the mitigation area for the Air Rescue and Fire Fighting (ARFF) facility construction project and the Fixed Based Operator (FBO) ditch relocation at St. Lucie County International Airport (AIRPORT). The St. Lucie County Environmental Resource Department (ERD) permit condition requires the removal of exotics at the PROJECT area to compensate for tree impacts associated with the FBO Ditch Relocation project. This PROJECT involves the initial removal of exotic and nuisance species and one (1) follow up maintenance event. The following is a description of the anticipated key tasks that will be conducted by LPA. TASK 1. INITIAL EXOTIC REMOVAL LPA will provide one (1) initial exotic removal event to control nuisance and exotic vegetation within the 12.13-acre within the PROJECT area. Targeted species will include Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina equisetifolia), guinea grass (Panicum maximum), snake plant (Sansevieria trifasciata), natal grass (Rhynchelytrum repens), and any other Florida Exotic Pest Plant Council (FLEPPC) Category I and II nuisance and exotic vegetation identified onsite. Methods of treatment will include selective cutting and stump treatment and/or selective foliar treatment of all targeted species. Herbicide application will not be directed toward gopher tortoise burrows including their aprons. Woody vegetation will be chipped and the resulting mulch will be stored on -site under black plastic. A qualified biologist licensed to apply chemical herbicide will supervise all work. Assumptions: 1. Debris removal will not be required. 2. The initial exotic removal task will be performed concurrently with the Runway 27 Gopher Tortoise Relocation Area Management Plan Year I Implementation maintenance event. 3. The CLIENT will provide security clearance and access to the PROJECT Area. 4. The CLIENT will provide access to the PROJECT area two (2) weeks prior to the initial exotic removal event. St. Lucie County FPR Task No.6 Page 1 of 3 St. Lucie County Intemational Airport November 8, 2007 U.S Highway 1 Mitigation Area Exotic Removal Exhibit C: Hour and Fee Estimate ST. LUCIE COUNTY, FPR TASK NO. — ST. LUCIE COUNTY INTERNATIONAL AIRPORT U.S. Highway 1 Mitigation Area Exotic Removal Subconsultant $29,690.75 TOTAL LUMP SUM AMOUNT: $32,000.00 July 24, 2007 Page 8.2-1 of 1 AGENDA REQUEST ITEM NO. C-3 B DATE: December 4, 2007 REGULAR[] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Diana Lewis, Airport Director SUBJECT: Request that the Board approve Change Order #1 for Ocean Gate General Contractors, Inc., for an additional cost of $30,040.25, changing the contract amount from $2,298,498 to $2,323,538.25 and add 32 days to the contract time, changing the substantial completion date to January 8, 2008, for the construction for the new Aircraft Rescue and Firefighting Facility (ARFF) at the St, Lucie County International Airport. BACKGROUND: On August 22, 2006, the Board awarded the ARFF construction to Ocean Gate General Contractors, Inc., in the amount of $2,298,498. This project has a $1,393,600 grant from FDOT with the local share being paid by the St. Lucie County Fire District. This first change order includes modifications required by FPUA, revisions to the landscape plan, hardware changes, mechanical chase additions, changes to the generator door opening, electrical changes, bio hazard reconfiguration, kitchen range changes, and hose bib additions. The total for Change Order #1, which has been approved by the Fire District, is $30,040.25. The time requested to add to the contract is 32 days for a new substantial completion date of January 8, 2008. FUNDS AVAILABLE IN ACCT#: Funds will be made available in 140341-4220-562000-4611 (Buildings) upon receipt of Fire District's payments as invoiced. St. Lucie County Fire District is responsible for these funds. PREVIOUS ACTION: Board approved the First Amendment RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Change Order #1 for Ocean Gate General Contractors, Inc., for an additional cost of $30,040.25, changing the contract amount from $2,298,498 to $2,323,538.25 and adding 32 days to the contract time, changing the substantial completion date to January 8, 2008, for the construction for the new Aircraft Rescue and Firefighting Facility (ARFF) at the St. Lucie County International Airport, and authorize the Chair or designee to execute the same. /j COMMISSION ACTION: CONCURR a : 9APPROVED [] DENIED Approved 4-0 [] OTHER: (Comm. Smith absent) Review and Armrovals ASS' County Attorney: Management & Budget: Purchasing: Originating Dept: gz� Other: Other: Finance: (Chec for Copy only, if applicable) STAFF REPORT DATE: November 13, 2007 TO: Board of County Commissioners FROM: Diana Lewis, Airport Director SUBJECT: Request that the Board approve Change Order #1 for Ocean Gate General Contractors, Inc., for an additional cost of $30,040.25, changing the contract amount from $2,298,498 to $2,323,538.25 and add 32 days to the contract time, changing the substantial completion date to January 8, 2008, for the construction for the new Aircraft Rescue and Firefighting Facility (ARFF) at the St. Lucie County International Airport. On August 22, 2006, the Board awarded the ARFF construction to Ocean Gate General Contractors, Inc., in the amount of $2,298,498. This project has a $1,393,600 grant from FDOT with the local share being paid by the St. Lucie County Fire District. This first change order includes modifications required by FPUA, revisions to the landscape plan, hardware changes, mechanical chase additions, changes to the generator door opening, electrical changes, bio hazard reconfiguration, kitchen range changes, and hose bib additions. The total for Change Order #1, which has been approved by the Fire District, is $30,040.25. The time requested to add to the contract is 32 days for a new substantial completion date of January 8, 2008. Staff recommends that the Board of County Commissioners approve Change Order #1 for Ocean Gate General Contractors, Inc., for an additional cost of $30,040.25, changing the contract amount from $2,298,498 to $2,323,538.25 and adding 32 days to the contract time, changing the substantial completion date to January 8, 2008, for the construction for the new ARFF at the St. Lucie County International Airport. rl CHANGE ORDER ST. LUCIE COUNTY PROJECT: CHANGE ORDER NUMBER: No. 01 (name, address) St. Lucie County International Airport INITIATION DATE: 9/24/2007 Aircraft Rescue and Firefighting Facility CONSULTANT'S PROJECT NO.: TO (Contractor): Ocean Gate General Contractors, Inc. ST. LUCIE COUNTY 2854 SE Federal Highway CONTRACT NO: C06-08-509 Stuart, Florida 34994 CONTRACT DATE August 22, 2006 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) The original (Contract Sum) (Guaranteed Maximum Cost) was $ 2,298,498.00 Net change by previous authorized Change orders $ The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order $ 2,298,498.00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or unchanged) by this Change Order $ 30,040.25 The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be $ 2,328,538.25 The Contract Time will be (increased) (decreased) (unchanged) by ( 81 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: January 8, 2008 Funds Available: Account Number 140341-4220-562000-4611 (Buildings) 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: Ocean Gate General Contractors, Inc Contractor. 2854 SE Federal Highway, Stuart, Florida 34994 Address By: Date: CONSULTANT: Kimley-Horn and Associates, Inc. Architect/Engineer By: ATTEST: Date: APPROVED: St. Lucie County International Airport St. Lucie County Department: 2300 Virqinia 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: DEPUTY CLERK County Attorney d 4 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ITEM NO. C- 4 DATE: December 4, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: 'Mich el Powley, E. County Engineer SUBJECT: Professional Engineering Services Stormwater Management — First Amendment to Work Authorization No. 1 with PBS&J for a time extension through August 31, 2009 for Paradise Park Subdivision Stormwater Improvements Phase I I to assist St. Lucie County throughout our construction phase. There are no funds associated with this item. BACKGROUND: See attached memorandum. FUNDS AVAIL.: Funds were encumbered on P2513559 and will be reopened on a 2008 purchase order. Funds are available in Drainage Maintenance MSTU-Stormwater Mgt.: 101002-3725-563012-42511 - $8,934.00 - Improvements o/t Bldg. —Inspection Fees PREVIOUS ACTION: April 2, 2002 — Board approved Paradise Park Phase I Drainage Improvements. September 20, 2005 — Board approved Work Authorization No. 1 with PBS&J, in the amount of $208,411.45, for Paradise Park Subdivision Stormwater Improvements Phase II. RECOMMENDATION: Staff recommends Board approve the First Amendment to Work Authorization No. 1 with PBS&J, for a time extension through August 31, 2009 for Paradise Park Subdivision Stormwater Improvements Phase II, and authorize the Chairman to sign. COMMISSION ACTION: k] APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 (Comm. Smith absent) [x]County Attomey 16t. — 0'" Paradise park Dept. Public Works � Vc . paradise park ph ii wa1 amend sj.a doc CONCUR E: Do as Anderson County Administrator Coordlnation/Sianetunes [x]Mgt 8 Budg [x]Exec. Asst..'� °^ [x]Proj.Mgr. [ -� []Other DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer AVP DATE: December 4, 2007 SUBJECT: First Amendment to Work Authorization No. 1 with PBS&J for Paradise Park Subdivision Stormwater Improvements Phase II BACKGROUND Attached is the First Amendment to Work Authorization No. 1 with PBS&J for a time extension through August 31, 2009 for Paradise Park Subdivision Stormwater Improvements Phase 11. This will allow the consultant to assist us during our construction period beginning in January 2008, as well as to close out our SFWMD permit at the conclusion. There are no funds associated with this item. i FIRST AMENDMENT TO WORK AUTHORIZATION NO. 1 Engineering Services Related to Stormwater Management CO3-05-402 for Paradise Park Subdivision Stormwater Improvements Phase II Work Authorization No. 1 between St. Lucie County ("the "County") and PBS&J (the "Engineer") for Services related to Stormwater Management, dated May 13, 2003, (the "Agreement") is hereby amended for the purpose of a time extension. All work shall be completed on or before August 31, 2009. All other terms and conditions of Work Authorization No. 1 (CO3-05-402) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Work Authorization No. 1 (CO3-05-402) to be executed and delivered on the dates below. ATTEST: WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ENGINEER PBS&J BY: Print Name: Date: 1 m a AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT SUBJECT: Fixed Asset Inventory -Property Record Removal ITEM NO. &J-14 DATE: 12k14/07 REGULAR( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY: Neil Appel, Purchasing Director BACKGROUND: Please see the attached Property Disposition forms from various St. Lucie County BOCC departments with regard to removal of inventory items. These items will be disposed of as surplus. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board authorize Staff to remove the attached records from the fixed asset inventory of the Board of County Commissioners. COMMISSION ACTION: [yd APPROVED [ j DENIED [ j OTHER: Approved 4-0 (Comm. Smith absent) County Attorney: (X) Originating Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & Budget:(?() Other: Doy§ Anderson - County Administrator Purchasing Dir.: (X) Other: BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: November 14, 2007 Re: Fixed Asset Inventory -Property Record Removal PURCHASING DEPARTMENT Neil Appel, Director Per Section 18.4 of the Purchasing Manual, Staff is requesting permission to remove the fixed assets as listed on the attached Property Disposition Forms from the St. Lucie County BOCC departments. The items will be disposed of as surplus. CLERK OF CIRCUIT COURT FINANCE DEPARTMENT INTEROFFICE MEMORANDUM TO: Sandi Morando, Purchasing FROM: Nancy Lange-Palka, Accountant SLC Finance Dept. DATE: November 14, 2007 SUBJECT: FY07 Capital Assets Machinery & Equipment Removals Attached are machinery and equipment capital asset removal requests that are pending board approval for FY2007. At this time, I am requesting that these items be removed for FY07 reporting prior to receiving consent agenda approval by the board of commissioners. Per Jennifer Hill, OMB, the consent agenda background should read as follows: These FY07 Capital Asset machinery and equipment removals were posted to the accounting system early in order to facilitate closing the books in a timely manner. Attachments(s) CC: Capital Assets File ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/20/07 0 1. INVOICE DATE (IF NEW PURCHASE) o -� C z �-- � c 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 00 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 00004s r1 JS�C 5. PROPERTY RECORD # 60-0041 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES ) NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1995 8. DESCRIPTION OF PROPERTY Golf Cart 9. MAKE Club Car 10. MODEL NUMBER 11.SERIAL NUMBER A878217012 _...,.. OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Junk DEPARTMENT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 1NTKANET:PURCHASINGFORMS:PROPERTYDISPOSPfION 0-7 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION ORTRANSFEROF PROPERTY TODAY'S DATE 6/12/07 a - 1. INVOICE DATE (IF NEW PURCHASE)^ j W L ITl 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # i ;Engineering 4. LOCATION CODE !RPENGN 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO 0 i ] IF YES, DEPARTMENT NAME 6. DISPOSING OF YES @ NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY (Merlin Lettering System /� 9. MAKE 10. MODEL NUMBER ;N7117.19604 11. SERIAL NUMBER 1 OD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) r Irk, 6/12/07 DEPARTMENT HEAD R AUTHOR( D PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FO M ANDSU17 PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 8/6/07 o — c z r- 1. INVOICE DATE (IF NEW PURCHASE) "... _.__. co ED 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) ►-► _� 3. GOVERNMENT NAME, DIVISION, BUILDING AND R_O_O_M_# St. Lucie County Solid Waste Department, 1620 Glades Cutoff Road, Ft. Pierce, FI 34981 4. LOCATION CODE ,PWLANp 5. PROPERTY RECORD # ! 620 TRANSFERRING TO OTHER DEPARTMENT? YES ® NO • IF YES, DEPARTMENT NAME 6. DISPOSING OF YES NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY Laser Printer � 9. MAKE Hewlett Packard 10. MODEL NUMBER 4500N 11. SERIAL NUMBER JPDD031740 12. HO OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC`) Junk (Ca of be repaired or DEPARTMENT H D R UTHORIZED PERSON bATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SE TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION Q/ 07 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 7LI* /07. _ 1. INVOICE DATE (IF NEW PURCHASE) N/A o — 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) NSA _ . co 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # , I Agriculture, Picos Road i { fV 4. LOCATION CODE 3715 5. PROPERTY RECORD # L 4F3528 � TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO (2) IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 0 NO Removing from inventory list. 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDlfRADED, ETC.) —2 ____ 8. DESCRIPTION OF PROPERTY I Laptop Computer 9. MAKE L__ NEC__ 10. MODEL NUMBER 11.SERIAL NUMBER L_None _listed 12. METHOD OF DISPOSAL (IF DISPOSING OF: ETC.) THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TOTHE. .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION `) h ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 7/16/07 1. INVOICE DATE (IF NEW PURCHASE) NA��� 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Agriculture, Picos Road. 4. LOCATION CODE 3715 C� �i� I"' . 1: 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO E) IF YES, DEPARTMENT NAME 6. DISPOSING OF YES © NO Q Removing from Inventory list 7. YEAR ACQUIRED 8. DESCRIPTION OF PROPERTY ETC. i Water Conditioning Svstem ✓` i 9. MAKE Water King____ 10. MODEL NUMBER RF12o 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: OR AUTHORIZED D E THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TOTHE. .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANETYURCHASING FORMSTROPEM DISPOSITION j� 0�i ST. LUCIE COUNTY PURCHASING DEPARTMENT z -1 1 REPORT OF ACQUISITIONIDISPOSITION OR TRANSFER OF PROPERTY' v CO TODAY'S DATE 6 / 14 / 0 7 _ M 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) rn 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # I Agricultural Extension -- 8400 Picos Road, FP, FL 34945 4. LOCATION CODE 1 3715 5. PROPERTY RECORD # ) 404265, 404266 Network Bridges TRANSFERRING TO OTHER DEPARTMENT? YES Q NO IF YES, DEPARTMENT NAME at $1,795.00/ea:--'i CD YES 0 NO (D Just removing from inventory list. 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) r 9/0/_ �.___._. 399 _ 0/ 8. DESCRIPTION OF PROPERTY Network Bridges (2) 9. MAKE Sirius 10. MODEL NUMBER FYAGI 11.SERIAL NUMBER none 12. METHOD OF DISPOSAL (IF DISPOSING OF: 70 PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TOTHE. .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. WrMWETTPURCHASING FORMSTROPERW DISPOSMON Page 1 of 1 Sandi Morando - Inventory From: Customer Service To: Sandi Morando Date: 5/31/2007 4:59 PM Subject: Inventory I have checked with Joe Cimino and the following items have been surplus many years ago and for some reason are back on the fixed assets report. Please remove. Persona�Computer.101108, 101711, 101'i16, 101a42, 102040, 102041, 102042, 102043, 102044, 102102, 102103, 402031 J Printers 10M9, 101719, 101721, 102061, 402614 Slot Chassi 101759 DSU 101831 101832 101833 101834 101836 Server 101995, 102011 102011a 102011b 102080 102083 102084 recording equip. 102016 tape drive 102062 J scanning station 101998 ' gig drive 102005 ✓ J � given to SO Dept 102070 102074 Thanks, Maddy 93 t Wd 9 110N LOU "d3C-rJNVNl.i I I Origination Tag: Origination Tag Date: 04 FEB-1999 Permanent Tag: 102070 Permanent Tag Date: 04 Primary Tag: Subordinate Type: ^ Last Adjustment Date: 30 SEP _2002 Origination Tag Cancel Date Asset Description: SERVER Commodity: Capitalization Indicator: YF I Unit of Measure: �^ System Status Code: f:^.� I°' Asset Type: 15 (REF,k20400)Computer Hrdwr-MicroCmp Text Exist: User Status Code: I�r�.,'Involced Tag In Use: f Gift indicator. Insurance Value: 1 og0.o0 Cost: 1,006.00.1 Market Value: 1,000.00 Total Cost: 1 00(i00' Replacement Value: . .,,. S,o00.00j Net Book Value: .00 Book Value: 1 OODAO Total Net Book Value: .od 1 1�— 914aster InfoiTnation FF11,INST Origination Tag: 7.2 flPFQCC) Origination Tag Date: X, 115-NOV-1999 Permanent Tag: Permanent Tag Date: Primary Tag: Subordinate Type: Last Adjustment Date: F --i— Origination Tag Cancel Date: Asset Description: FARE) DRIVe Commodity: .. . . ... ...... -2 Capitalization Indicator F Unit of Measure: F7 System Status Code: Asset Type: User Status Code: r .(REF.#20400)Computer r—InvDiced Hrdwr-MicrDCmp Text Exist: Tag In Use: Gift indicator Insurance Value: Cost: Market Valuw 6,360,00j! Total Cost - Replacement Value: F 61360 Owl Net Book Value: Book Value: Total Not Book Value: Origination Tog: Origination Tap Date: 28 0UN-1996 Permanent Tag: .- 1C200S Permanent Tag Date: 28 ]UN-1996 Primary Tag: ., Subordinate Type: Last Adjustment Date: 3C — -2002 Origination Tag Cancel Date: r7777� Asset Description: GIG DRIVE Commodity: F Capitalization Indicator: �^ F Unit of Measure: EA TEACH System Status Code: Asset Type: IS (REF420400)Computer Hrdwr-MicroCmp Text Exist: N User Status Code: t Invoiced Tag In Use: Gift Indicator. Insurance Value: 1 999.aC Cost: 1,989.001, Market Value: Total Cost: 1 9e9 po Replacement Value: (----� 1,9e9.po� Net Book Value: .00; Book Value: ..1,999.00 Total Net Book Value: .00 l I Origination Tag: !, Origination Tog Date: 21-MAY-1996 Permanent Tag: 101998 Permanent Tag Date: 21 MAY-1996 Primary Tag: --,' --' , Subordinate Type: ! Last Adjustment Date: 30 SEP-2002 Origination Tag Cancel Date: �--�-•� Asset Description: SCANN]NG STATION i Commodity: Capitalization Indicator: t' c Unit of Measure: EA jEACH System Status Code: Asset Type: i (REF,M20400)Computer Hrdwr-MicruCmp Text Exist: �rn� User Status Code: invoiced Tag in Use: I Gift Indicator. � I" Insurance Value: 068.001 Cost: a68 001' Market Value: e6e ag Total Cost., e6e go Replacement Value: e6e Dal Net Book Value: a0 Book Value:_ e6e OOj Total Net Book Value: OOj W Origination Tag: Origination Tag Date: 07-DEc•1998 Permanent Tag: 1�02'0fi-2 Permanent Tag Date: 07-DEC 1999 Primary Tag: '-'-+; { ...... ._. Subordinate Type: Last Adjustment Date: 00-- Origination Tag Cancel Date: Asset Description: TAPE DRIVE Commodity: �---•_—� Capitalization Indicator: F Unit of Measure: I�� l i System Status Code: I° i Asset TVPe: 15 (REF.#20400)Computer Hrdwr-MicroCmp Text Exist: r�N„, User Status Code: Invoiced Tag In Use: t ' Gift Indicator. ri Insurance Value: 3�155.00� Cost: 3 155.0➢i Market Value: ... 9 155 00 Total Cast 3 155 OOj Replacement Value: S,1S5.001 Net Book YalUo: _ 00 Book Value: _ _ 0 155.o0j Total Net Book Value: .pa 0 U Origination Tag: Origination Tag Date; 106-MOV-1996 PermanentTag: ParmanentTag Date: Primary Tag: Subordinate Type: Lost Adjustment Date: F-15..", Origination Tag Cancel Date: F_ Asset Description: [RECORDING EQUIPMENT -CC) ROM Commodity: C:pltalization Indicator. F Unit of Measure: S stem status code: F, AssetType! (�S__J.(REF.#20400)ComPuter Hrdwr-MicraCmp Text Exist: User Status Code: invoiced Tag In Use: Gift indicator. Insurance Value: Cost: 2,975m, Market value: Total Cost: 2,975.02! Replacement Value: Net Book Value: .. .... .. ...... . .... . ...... .. .. .. .. ... R?J Book Value: Total Net Book Value: F777777� Origination Tag: ------------------- - ---------------- ----------- - ----- Origination Tag Date: ----- - ------ 109-APR-1996 Permanent Tag: Permanent Tag Date: PrimaryTag: Subordinate Type: Last Adlustment Date: Origination Tag Cancel Date: Asset Description: [SERVER Commodity: Capitalization Indicator. F1 Unit of Measure: VEACH System Status Code: F, AssetType: rq j(REF.#20400)C0MPUtBr Hrdwr-MicroCmp Text Exist: User Status Code: r"Involced Tag In Use: F. Gift Indicator. Insurance Value; F- Cost: F- Market Value: I g,gso.00j Total Cost: 9,950,D� Replacement Value: r 1�0 Not Book Value: r— .00! Book Value: Total Net book Value: P io-u �0 i iOrigination Tag: j Origination Tag Date: 26 AUG-1996 Permanent Tag: 102011 Permanent Tag Date: 26 AUG-1996 Primary Tag: Subordinate Type: Last Adjustment Date: 30 SEP-2002_ Origination Tag Cancel Date: (- Asset Description: SERVER , I Commodity: --.-- Capitalization Indicator: F Unit of Measure: EA :EACH System Status Code: (-' r Asset Type: 15 (REF.#20400)Computer Hrdwr-MicroCmp Text Exist: N User Status Code: I Invoiced Tag In Use: Gift Indicator. [C Insurance Value: e0 022,551 Cost e0 022 55": Market Value: _ _ 80 022,55, Total Cost: 90 022 55 Replacement Value: Net Book Value: _ F777777F Book Value: L aC,022,55i Total Net Book Value: 00 Origination Tag • Origination Tag Date: 09-SEP-1997 Permanent Tag: 1020i1A ,,., Permanent Tag Date: 09 sEP-1997., Primary Tag: 102011 Subordinate Type: Last Adjustment Date: 30-SEP-2002 Origination Tag Cancel Date: I Asset Description: Aoo oN ; Commodity: IfEA Capitalization indicator: fY iUnit of Measure: ~:EACH System Status Code: rV Asset Type: 15 (REF.1t20400)Computer Hrdwr-MicroCmp Text Exist: User Status Code: invciced Tag in Use: Gift Indicator. Insurance Value: 2,312,AOj Cost: 2,31z.00 Market Value: - .....-.-...._.-.-........ 2,312.00 ................ Total Cost: 2 312.00 Replacement Value: 2,31z.00E _ Net Book Value:. 00 Book Value: z 31z.0o° Total Net Book Value:---` 00 �` / origination Tag; origination Tag Date: fog:_ Permanent Tag: ... .. I ...... .. Permanent Tag Date: FC)9-SEP-1997 Primary Tag: Subordinate Type: Last Adjustment Date: F---Sr,-2- Origination Tag Cancel Date: Asset Description; [ADD ON Commodity: capitalization Indicator. F Unit of Measure: F-7 E A CH System Status Code: F-11 Asset TVp a: F�J(RER#20400)Computer Hrdwr-MicroCmp Text Exist F User Status Code: Invoiced Tag in Use: i Gift Indic tDr, N Insurance Value: Market Value; Replacement Value: Book Value: Cast* 1,850,00. Total Cost Net Book Value: .00;. ---------- Total Not Book Value: '00i WiTo Origination Tap: Origination Tag Date: 15-NOV•1999 I Permanent Tag: 3020e0 Permanent Tag Date: 15 NOV4999 Primary Tag: Subordinate Type: ��- Last Adjustment Data: �SEP•20�0��2 Originatlon Tag Cancel Date: (3-'0� l Asset Description: SE0.VER _i Commodity: _ ,. Capltelization Indicator. Unit of Measure: system Status code: n In; Asset Type: 15 (REF.#20400)Computer Hrdwr-MicroCmp Text Exist: jl-N- User Status Code: invoiced Tag In Use: Gift Indicator. r 1^; Insurance Value: 2,973.00� Cost: .2,973.00 .. ... .._ Market Value: ..._. 2 973,00 Total Cost: - 2 973.00d Replacement Value: 2 973.00€ Net Book Value: 00' Book Value: 2 173.005 Total Not Book Value: _ og iI I-iU I Origination Tag: -�'',. Origination Tag Date: 15-NOV-1999 Permanent Tag: [r1o20e3 Permanent Tag Date: 15 NOV:1999. Primary Tag: Subordinate Type: ; Last Adjustment Date: 15 NOV•1999 Origination Tag Cancel Date: Asset Description: SERVER .�' Commodity: �-�-^ Capitalization Indicator. Ff;;' Unit of Measure: System status Code: 1^ Asset Type: 15 (REFA120400)Computer Hrdwr-MicroCmp Text Exist: User Status Code:; Invoiced Tag In Use: Gift indicator. N Insurance Value: 971 00 Cost: 2 971 00 Market Value: .._Z 971 OOj Total Cost: 2,971 OOj i Replacement Value: _2 2 971 ooy Net Book Value:. oo Book Value:_2 971 Doi Total Net Book Value: oo l iOrigination Tag: -------------------------------- , Origination Tag Date: 7F----o-2 j Permanent Tag: 102094 Permanent Tag Date: -7 Primary Tag: __.. I---� Subordinate Type: Last Adjustment Date: Origination Tag Cancel Data: Asset Description: Commodity: i Capitalization Indicator. Unit of Measure: system Status Code: l" Asset Type: PT Hrdwr-MicroCmp Tent Exist: N; User Status Code: r��-°�.(REF.M20400)Computer r. Invoiced Tag in Use: i i Gift Indicator. N Insurance Value: 3 596.00' Cost 7 596 D0 Market Value: 3 596 DOE Total Cost: 3,596 00 I Replacement Value: 3 596 00 Not Book Value: 001 Book Value: 3 596 00' Total Net Book Value: DO! i I Origination Tag: Origination Tag Date: 294AN-1996 Permanent Tag: 101931 Permanent Tag Date: 29 ]AN-1996, Primary Tag: Subordinate Type:.. Last Adjustment Date: 14 MAR 2007 Origination Tag Cancel Date Asset Description: A%PORT,SERIES DSU Commodity: —� _ �^�.. Capitalization Indicator. Fr unit of Measure: EA System Status Code: Iv Asset Type: ;EACH IS (REF.N20400)Camputer Hrdwr-MicroCmp Text Exist: N User Status Code: . "Invoiced Tag in Use: � Gift Indicator. I^ Insurance Value: 1 060 00 Cost 1 060 00 j Market Value: 1 060 00; Total Cast 1 060 00 i Replacement Value: 1060.00 Net Book Value: _ Doi - Book Value: I+� .. ......... 1,060.00j ........................... _......._._ Total Net Book Value: : 00 ........._............ __..... I. l i Origination Tag: 1�+ Origination Tag Date: 13-PeB-1996 Permanent Tag: 1D3e32, Permanent Tag Date: 13 FEB-19961 Primary Tag: , Subordinate Type: Last Adjustment Date: 14 MAR•2007 Tag Cancel Date:--------- iOrigination Asset Description: TEA�X��PPUR"T' SERIES DSU Commodity: 1- L Capitalization Indicator. 1" Unit of Measure: EA'FACH System Status Code: IDAsset Type: 15, REF.#20400)Computer Hrdwr-MicroCmp Text Exist user status Code: Invoiced Tag In use: Gift Indicator. rN Insurance Value: Cost: 1,060.OD Market Value:_ 1,o6o.D0a Total Cost: _ 1 060.00 Replacement Value: 1,060.0o,' Net Book Value: .00 Book Value: 1 060.D0, Total Net Book Value: .00 i I Origination Tag: Origination Tag Date: 30AUG-199E Permanent Tag: 101933'. Permanent Tag Date: 30 AUG-1993 Primary Tag: Subordinate Type: Last Adjustment Date: 14 MA0.4007_. Origination Tag Cancel Date:—� Asset Oescrip[tOn: AXPORT SERIES DSU j Commodity: Capitalization Indicator. Unit of Measure: EA LEACH System Status Code: Asset Type: 1a '(REF.H20400)Computer Hrdwr-MicroCmp Text Exist: user Status Code: Invoiced Tag In Use: Gift Indicator Insurance Value: 1 D60 ODe Cost: 1 060 00 Market Value: 1 060 001 Total Cost: 1,06^.000j Replacement value: 1 060 oD! Net Book Value: oo.. i Book Value: i 06o DD Total Net Book Value: DD Origination Tag: www. Origination Tag Date: 30-AUG-1995 Permanent Tag: 101934 Permanent Tag Date: 30 AUG-1995 Primary Tag: f� 1777 Subordinate Type:_; i Last Adjustment Date: 14 MAR -tom Origination Tag Cancel Date: Asset Description:A%PORT SERIES DSU Commodity: Capitalization Indicator: F('; Unit of Measure: EA :EACH System Status Code: N1 Asset Type: SS (REF.020400)Computer Hrdwr-Microcmp Text Exist User Status Code: Invoiced Tag In use: Ci Gift Indicator. Insurance Value: 1,ofi0.00I Cost _ 1 ofio.00' Market Value: 060 OOi Total Cost - Replacement Value: ,1 1 060 Oa Net Book Value: DOi Book Value: -,-1 0fi0 o0_i Total Net Book Value: .� l 70 Origination Tag: Origination Tag Date: 113-FEB-1996 Permanent Tag: . .. ....... . .. ....... ... P�7 Permanent Tag Date: Primary Tag: F777 Subordinate Type: 1777777 Last Adjustment Date: Origination Tag Cancel Date: Asset Description: JCU5lX COMPUTER SYSTEM Commodity: ................ . . ------ Capitalization indicator: F Unit of Measure: F7EACH System Status Code: 17 Asset Type: 15 E(REF.k20400)Computer Hrdwr.MiaoCmp Text Exist: N User Status Code: rInvoiced Tag In Use: Gift indicator. N Insurance Value: 11,846. Cost: Market Value: 24,848.013' Total Cost: Replacement Value: 7 27,7M Net Book Value: 00 Be ok Value: 24 849.0oF Total Not Book Value: Oo Origination Tag: Origination Tag Date: 112-FEB-19 - 96 PermanentTag: Permanent Tag Date: Primary Tag: Subordinate Type: Last Adjustment Date: Origination Tag Cancel Date: F Asset Description: Commodity: Capitalization Indicator. F Unit of Measure: F.- EACH System Status Code: F1 Asset Type: 15—(REF,#204()0)C0MpUtqr Hrdwr-MicroCmp Text Exist: N. User Status Code: rinvoiced Tag In Use: Gift Indicator. Insurance Value: Cost: z"-s Market Value: Total Cost: Replacement Value: Not Book Value: Book Value: Total Net Back Value: ......... .. .. . oo: i Origination Too: Origination Tag Date: 21-MAR-1996 Permanent Tag: 301719, Permanent Tag Date: 21 MAR-1996_ Primary Tag: Subordinate Type: f Last Adjustment Date: 30 SEP-2002 Origination Tag Cancel Date Description: LASER7ET Ill PRINTER iAsset Commodity:----�� Capitalization Indicator. r` Unit of Measure: EA EACH System Status Code: u; Asset Type: 16 i(Ref.#20600)COmputer Hrdwr-Printers Text Exist: N; User Status Code: Invoiced Tag In Use: Gift Indicator. �-��.. r Insurance Value: 1,6W.50. Cost: 1,693.50; Market Value: 1,683 a0 Total Cost: 1,683.501 Replacement Value: 1 693 SOj Net Book Value: ., gd; Book Value: 1 663sOj Total Net Book Value: i 1�� i I Origination Tag: Origination Tag Date: 21 MAR-1996 Permanent Tag: 101719 Permanent Tag Date: 21 MAR-1996 Primary Tag: Subordinate Type: �.— Last Adjustment Date: DO-SEP_ 2D021 Origination Tag Cancel Date Asset Description: POSTER PRINTER PLUS Commodity; Capitalization Indicator: F. Unit of Measure; EA EACH System Status Code: 1....: Asset Type: 15 !(REF.#20400)Computer Hrdwr-Mi=Cmp Text Exist: User Status Code: I -, iInvoiced Tag In Use: , Gift Indicator. I" II1111; i Insurance Value: 3 035 00 Cost: 3 015 OO Market Value: a 015 00I Total Cast: 3,015.06 Replacement Value: _ 9 015 00 Net Book Value: Book Value: a D15 oDl Total Net Book Value: .p0; ; iOrigination Tag: Origination Tag Date: 21-MAR-1996 Permanent Tag: 101721, Permanent Tag Date: 21•MAR•1996 Primary Tag: Subordinate Type: Last Adjustment Date: 30 SEP-2D02 ' Origination Tag Cancel Date: (---' Asset Description: PRINTER LAZER-JET/ on loan to amb Commodity:`? Capitalization Indicator: Unit of Measure: EA ;EACH System Status Code: CV Asset Type: 16 (Ref.*20600)Ccmputer Hrdwr-Printers Text Exist: r User Status Code: invoiced Tag In Use: i� - Gift Indicator. I" Insurance Value: 177 1,694.DOE Cost: 1,684.D0 Market Value: _. 1,694 D0� Total Cost: 1 6B4 00? Replacement Value: 1 6e4 DDi Net Book Value: Book Value: 1 6a4,OD! 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Insurance Value: Cost: 3,516 �o Market Value: Total Cost: Replacement Value: 3,316.00� Not Book Value: !PT Book Value: 3—S16.O Total Net Book Value: ......... .... .. .. ..... . .. .. .00, Origination Tog: ----------------- Origination Tag Date; 12-1 Permanent Tag: PIK Permanent Tag Date: Primary Tags r77:7 Subordinate Type: Last Adjustment Date: Origination Tag Cancel Date: Asset Description: PERSONAL COMPUTER i Commodity: 20 Microcomputers, Desktop Or Tawerbased Capitalization indicator. E Unit of Measure: -. F, EACH System Status Code: Asset Type: FS—(RER#20400)Camputer Hrdwr-MiaaCmp Text Exist: User Status Code: 1 Invoiced Tag In Use: FJ Gift indicator. Insurance Value: 2,066-Dot Cost: Market Value: Total Cost Replacement Value: 2,066.00, Net Book value: 700, Book Value: 2 066.00'i Total Not Book Value: .. . . .. ........ . .. ....... .. . .. Origination Tag: — -- — --------- — - — ---------- OriginationTag Date: - - - - - - - — - - - F12--alg9a Permanent Tag: Permanent Date: Primary Tag: Subordinate Type: Last Adjustment Date: Origination Tag Cancel Date: F Asset Description: PERSONAL CO.MP.L.T.E.R.. Commodity: .......... . .. .. .. 2oasa Microcomputers, Desktop Or Towerbased Capitalization Indicator. 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Insurance Value: 2 Sfi3 OOi Cost: 2 563 Doi Market VaIUe: _ 2,563 00j Total Cost 2 563 OOj Replacement Value: 2 5 036 0 Net Book Value: --^00 Book Value: _ 2 5fi3.Doj Total Net Book Value: DD. I Origination Tap: Origination Tag Date; 13-FEe-1996 Permanent Tag: 101a42 Permanent Tag Date: 13 FEB-199fi Primary Tag: . _ Subordinate Type: r Last Adjustment Date: 30-SEP-2002 i Origination Tag Cancel Date: Asset Description: PERSONAL COMPUTER i Commodity: ��---M .. Capitalization Indicator. r Unit of Measure: Ea EACH System Status Code: �^ t°1 Asset Type: 15. (REF.#20400)Computer Hrdwr-MicroCmp Text Exist: User Status Code: F7Invoiced Tag In Use: Gift Indicator. �i I" Value: 1 207 00 Cost: 1 207 00 iInsurance Market Value: 1,207.001 Total Cost: 3 207 00 Replacement Value: _. 1 207 OOj Net Book Value: _ -'. 00i Book Value: 207 i A Total Net Book Value: .00 I �TD i OriBlnatianTaq: r r Origination Tag Date: 10 NOV-1997 Permanent Tag: Pao .....! permanent Tag Date: 10 Nov.-,1997.,_ Primary Tag: Subordinate Type: (—_-- Last Adjustment Date: 30-SEP-20o2 Origination Tag Cancel Date: Asset Description: PERSONAL, COMPUTER Commodity: Capitalization Indicator: Ff''; Unit of Measure: EA EACH System Status Code: 1(�''' Asset Type: 15 (REF.#20400)Computer Hrdwr-MivoCmp Text Exist: h' User Status Code: Invoiced Tag In Use: Gift Indicator. N Insurance Value: Cost i,za7.0o, Market Value: ,1,247.00i . 1,2a7 00/ Total Cost 1,247.0Q j Replacement Value: 1 2470o Net Book Value: _ r oe; i Book Value: 1 247.00, Total Net Book Value: r1 I Origination Tag: Originatiun Tag Date: 28-OCT-1997 Permanent Tag: 1O2D41 Permanent Tag Date: 28.00T-,1997 Primary Tag: Subordinate Type: Last Adjustment Date: 9O SEP-2oe2 Origination Tag Cancel Date: (-'-`'-- Asset Description: PERSONAL COMPUTER Commodity: . .. Capitalization Indicator: Unit of Measure: EA EACH System Status Code: Asset Type: is (REF.#20400)Computer Hrdwr-MicroCmp Text Exist: User Status Code: i Invoiced Tag In Use: Gift Indicator. Insurance Value: 1,247.0W Cost: 1 247 00, Market Value: 247.00� Total Cost 1 247 OOP Replacement Value: ,1 1 247 gof Net Book Value: gg Book value: ,1 247ACi Total Net Book Value: _ oq � PiLLUD i i Origination Tap: ---------------------- Orlolnotian Tag Date: 01.O17d997 Permanent Tag: 102042 .. Permanent Tag Date: 01-OCT-1997 Primary Tag: Subordinate Type: -. .. -', Last Adjustment Date: [V--S-ESP-2200022 Origination Tag Cancel Date: t Asset Description: PERSONAL COMPUTER I Commodity: Capitalization Indicator: F Unit of Measure: EA EACH System Status Code: rj Asset Type: 15_ (REF.#20400)Computer Hrdwr-MittaCmp Text Exist: C User Status Code: Invoiced Tag In Use: Gift Indicator, r 1^ I Insurance Value: 1 395 OOi Cost: 1 395 D0 Market Value: 1 395 00j Total Cost: 1 395 00 Replacement Value: 1,395.001 Not Book Value: 00 Book Value: . 1 395.001 Total Net Book Value: 00 I Origination Tag: Origination Tag Date: 29 OCT-1997 Permanent Tag: 102043 Permanent Tag Date: 20 OC7-1-1 _. Primary Tag: Subordinate Type: Last Adjustment Date: 30-SEP-2002 Origination Tag Cancel. Date: Description: PERSONAL COMPUTER iAsset Commodity: Capitalization Indicator: rLY'-^ Unit of Was urn: r System Status Code: !. Asset Type: 15 (REF.M20400)Computer Hrdwr-MicrcCmp Text Exist: �N User Status Code: invoiced Tag In Use: Gift Indicator. ! Insurance Value: 1 247.00) Cost: 1,247,00 Market Value: _ i 247.00j Total Cast: _. 1 247 OOi Replacement Value: 1,247 00' Net Book Value: Book Value: . 1 247 00 Total Net Book Value: .0�0' /� Origination Tag: 1� ` Origination Tag Date: 2a•oc7.19971 Permanent Tag: 102W4 Permanent Tag Date: F. OCT-1997 Primary Tag: Subordinate Type:-'.. Last Adjustment Date: 7osEP-zoa2. ..... ............ Origination lag Cancel Date: Asset Description: PERSONAL_ COMPUTER N Commodity: Capitalization Indicator: rFI''� Unit of Measure: System Status Code: 1" Asset Type: Text Exist: N: User Status code: �I invoiced Tag In use: Gift Indicator, � l"' insurance Market ValuelUe 1 z47 00 Total Cost: 1,247.00 Replacement Value: _ __.. 1 247,00' Net Book Value: , �u ooi Book Value: .1,247 ;oga Total Net Book Value: .o I Origination Tag: ------------------- Origination Tell Date: 128-A()G-2000, I Permanent Tag: 102102i Permanent Tag Date: P - —A Primary Tag: Subordinate Type:^I ... . . . . .. Last Adjustment Date: Origination Tag Cancel Date: 1 Asset Description: HAADWAREVPC I Commodity: [g1o2a -Hardware Capitalization Indicator: F Unit of Measure: _ _:Computer EA ;EACH system Status Code: Foll Asset Type: is —(P EF.#20400)Computer Hrdwr-MicroCmp Text Exist: User Status Code: rinvoiced Tag In use: Gift Indicator. InsuranceValue: Cast: Market Value: Total al Cost: Replacement Value: Net Book Value: .00: Book Value: 1,600.00) Total Not Book Value: .00; i i Origination Tag: ---------------- Origination Tag Date: 19-SEP•2000 Permanent Tag: 102109 Permanent Tag Date: 19_SEP-2000 Primary Tag: _-- Subordinate Type: I........... ��— Last Adjustment Date: 30 SEP-2002 � Origination Tag Cancel Date: Asset Description: COMPUTER HARDWARE Commodity: 91e20 Computer -Hardware Capitalization Indicator Unit of Measure: Ea EACH System Status Code: 1^ Asset Type: 15 (REF.#20400)Computer Hrdwr-MicroCmp Text Exist N' User Status Code: Invoiced Tag In Use: Gift Indicator. Insurance Value: 4,950.00: Cost 4 950 00 Market Value: r 4 950 00j ,.,, Total Cost: 4 D 950 Replacement Value: 4 950 D0, Net Book Value: 00 Book Value: _ 4,950.00 Total Net Book Value: .00 I i Origination Tag: I�', OrlglnaUon Tag Date: 04 NOV-1994 Permanent Tag: 0zo11 Permanent Tag Date: r04 NOV-1994 Primary Tag: r---_-`-".- Subordinate Type: �—' Last Adjustment Date: �— Origination Tag Cancel Date: ��--`-�—••••--••------ Asset Description: WORK STATION Commodity: Capitalization Indicator. r Unit of Measure: EA ;EACH System Status Code: Asset Type: 29 (REf.#42500)Furniture: Office Text Exist: I°'' User Status Code: , Invoiced Tag In Use: Gift Indicator. r Insurance Value: 1 115.00j Cost: Market Value: 1115 got Total Cost: 1 115 0g 1,1xs ao Replacement Value: 1,115.00 Net Book Value: oa Book Value:1115.n0! ___ ..._._. Total Net Book Value: gg. /e V/-rey AGENDA REQUEST ITEM NO. C5-B DATE: 12/04/07 REGULAR PUBLIC HEARING ( CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to award Invitation to Bid #08-005, Construction of the St.Lucie County Skateboard Park to the lowest responsive, responsible, bidder, AWM Construction, Inc., for the cost of $545, S"I5.00. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 129-7210-563000-760077 — (MSTU) $437,000 129201-7210-563000-75009 (FRDAP Grant) - $108,515 PREVIOUS ACTION: At the FY 06/07 Budget Review, the BOCC approved $500,000 for construction of a Skate Park. On September 12, 2006, the BOCC approved resolution #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 contract #C06-08-473 with Glatting Jackson for $66,979 to complete the Skate Park Master Plan and Design documents based on input from the "committee' RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid #08-005, Construction of the St.Lucie County Skateboard Park to the lowest responsive, responsible, bidder, AWM Construction, Inc., for the cost of $545, 5'15.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURREN iyC) APPROVED () DENIED () OTHER ou . Anderson Approved 4-0 County Administrator (Comm. Smith absent) County Attorney Parks & Recreation Purchasing (X) Finance (� for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: November 20, 2007. RE: Board approval to award Invitation to Bid (ITB) #08-005, Construction of the St.Lucie County Skateboard Park to the lowest responsive, responsible, bidder, AWM Construction, Inc., for the cost of $545,,515.00. Background: The skate park will be a plaza design featuring open green space. In addition, the City of Ft. Pierce is donating the 4,200 cubic yards of fill required to reach the specified elevations, yielding a savings of approximately $42,000 to the County. This ITB was issued October 14, 2007 and the bids were opened October 13, 2007. Six hundred sixty (660) firms were notified, forty seven (47) bid packages were issued, and three (3) bids were submitted. Staff has reviewed the bids and recommends awarding the bid as follows: Base Bid - $507,220 Alternate 1 - $24,495 (Landscaping) Alternate 2 - $13,800 (Irrigation) Total $545,515 Recommendation: Staff recommends Board approval to award Invitation to Bid #08-005, Construction of the St.Lucie County Skateboard Park to the lowest responsive, responsible, bidder, AWM Construction, Inc., for the cost of $545, 515.00, and authorization for the Chairman to sign the contract as prepared by the County Attorney. 9 Y Q IL Q m W H Q Y N H z O w U J H LO O O co O m a 0 O N Q ti C O N M W m LU O z 6 W W a O w co "' N Q N C1 Cl O o 0 OO O o o J W O to O O O Go m 0 0 O �OO co W to GO L; tf� ;; O Efi C 4 6, Gi m 7a� H LL Z O ' N H U co T O O O p O 0 O O O p 0 0 O O H N= r r 0)N WW to n � O O O O (0 h N m ~ � O) Ln O M M Z es 69 Lo 6 cq O LL U z O H v 0 0 0 0 0 0 0 'SW 1100 ti Q — m o C C N ro v m Z �< < � Ln EA o 6q LO v 669 aS d-T U v 3 O .n 0 � f0 M 0 m 0 yCl- m c otS N O N (D E w O O C N o m 3 O = o _ m _ y v aa) N ca N 0 0 r d coi C a ca 3 UJ C w+ = d Q C a) N a O M O w O U C O N m U) 0 m H o LL CL E c 75M 3 a 3 = 0 a m € o a cQ)i (L o c m o a) _ f0 m m o c 0 it U! 7 a3 ++U) 2 WO CN O a7 a) E JE UJ a a w O d E Z E AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): CENTRAL SERVICES ITEM NO. c-6 A DATE: Dec. 4, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBJECT: Bid Waiver and Sole Source Declaration Millennium Marble & Tile, Inc. Sealant restoration of existing granite facade panels on the exterior of the downtown Courthouse Annex Building BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001-1930-546200-1531 (Maintenance Improvement Projects) PREVIOUS ACTION: On October 3, 2006, Item No. c-4, the Board approved an Emergency Bid Waiver for Millennium Marble & Tile to repair and replace the existing granite facade panels on the exterior of the downtown Courthouse Annex Building. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the bid waiver and sole source declaration to Millennium Marble 8. Tile for the sealant restoration of existing granite facade panels on the exterior of the downtown Courthouse Annex Building at a cost of $167,700, and authorize the Chair to sign the contract as prepared by the County Attorney. MISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 (Comm. Smith absent) County Attomey: 1 J'K Originating Dep Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & Budget: Other: Dojirg Anderson County Administrator Purchasing Mgr; Q- Other. Etf. 1 /97 H:\AGENDA\AGENDA-245 COURTHOUSE ANNEX STONE II.DOC MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: December 4, 2007 SUBJECT: Bid Waiver and Sole Source Declaration Millennium Marble & Tile, Inc. Sealant restoration of existing granite facade panels on the exterior of the downtown Courthouse Annex Building BACKGROUND: On September 9, 2006, a section of the exterior granite facade located on the southwest corner of the downtown Courthouse Annex lost its support and fell to the ground. On September 11, 2006 staff had a registered professional engineer do a preliminary investigation. As recommended in the report from the engineer, staff would need to contact a firm experienced in the design of cladding for further observations and recommendations. Staff tried to contact the original installer of the granite panels and discovered that they are no longer in business. In addition, staff had contacted several vendors and they were unable to complete the work. Recognizing the urgency of the situation (public safety), on October 3, 2006 staff obtained Board approval of an Emergency Bid Waiver for Millennium Marble & Tile to remove, repair and replace the granite panels. All of the exterior granite panels will need to be sealed. Because Millennium Marble & Tile is familiar with existing conditions at this location, and has the expertise to accomplish the work, staff is recommending a bid waiver and sole source declaration for Millennium Marble & Tile to do the work at a cost of $167,700. (Please See Attachments) RECOMMENDATION: Staff recommends the Board of County Commissioners approve the bid waiver and sole source declaration to Millennium Marble & Tile for the sealant restoration of existing granite facade panels on the exterior of the downtown Courthouse Annex Building at a cost of $167,700, and authorize the Chair to sign the contract as prepared by the County Attorney. MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: Neil Appeal, Purchasing Director FROM: Jerry Parent Project Manger THROUGH: Roger A. Shinn, Directo�� DATE: November 16, 2007 SUBJECT: Bid Waiver & Sole Source Declaration Millennium Marble & Tile, Inc. ............................................... ■ ............................. ■ On September 9, 2006, a section of the exterior granite fagade located on the southwest comer of the downtown Courthouse Annex lost its support and fell to the ground. On September 11, 2006 staff had a registered professional engineer do a preliminary investigation. As recommended in the report from the engineer, staff would need to contact a firm experienced in the design of cladding for further observations and recommendations. Staff tried to contact the original installer of the granite panels and discovered that they are no longer in business. In addition, staff had contacted several vendors and they were unable to complete the work. Recognizing the urgency of the situation (public safety), on October 3, 2006 staff obtained Board approval of an Emergency Bid Waiver for Millennium Marble & Tile to remove, repair and replace the granite panels. All of the exterior granite panels will need to be sealed. Because Millennium Marble & Tile is familiar with existing conditions at this location, and has the expertise to accomplish the work, staff is recommending a bid waiver and sole source declaration for Millennium Marble & Tile to do the work at a cost of $167,700. The vendor has submitted a scope of work, and is attached for your review. Thank you JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following 'Courthouse Annex (downtown) Sealant restoration on stone panels — --------------- As a sole source procurement from Millennium Marble & Tile, Inc Name of Company: ,Millennium Marble & Tile, Inc. Contact Name: Daryl Jolly Phone 954-325-7990 The basis for this sole source determination and the reason no other vendor is suitable is: see attached documents. Department/Division !Central Services c Authonzed Signature Date 11 /16/07 Director, Title Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Purchasing Director G:FORMS\SOLE SOURMINT Approved ® Disapproved Date b1/od MILLENNIUM MARBLE & TILE, INC. 2101 SW 31 st Avenue Pembroke Park, Florida 33009 Phone. 954-961-9967 * Fax: 954-961-0167 Proposal St Lucie County Attention: Jerry Parenteau Project: St Lucie County Court House Re: Sealant Restoration @ Stone panels We have examined the drawings and related documents to the above and propose to finish All items of labor, materials, installation, overhead, profit and all other necessary items to complete the work as indicated below; Remove existing caulk Mechanically remove all residue & prepare joint for new sealant per attached specifications Supply/apply new primer & sealant per attached specifications TOTAL $167,700.00 NOTES: - Proposal includes material manufactures 10 year warranty. Proposal includes 10 year installatiori,tariu!1ty. ropdsapl inc u lr u.JOX pull test. - Proposal includes coordination of daily operations. Proposal includes necessary night operations. - Material manufacture to visit site & verify proper application. - GC/Owner to provide dumpsters - Primer to be TREMprime Silicone Porous Primer as recommended by manufacture. - Sealant to be Spectrem 3 anon staining solid silicone sealant. * Attached please note that we have increase our liability insurance umbrella from $1,000,000 to $5,000,000 a total of 6,000,000 per occurrence. Should you require additional information, please do not hesitate to contact me. b Submitted by: Daryl Jolly 54-325-7990 November 2, 2007 __ N AGENDA REQUEST • iC. TY 1 E L 0 R] D A ITEM NO. c-6 B DATE: Dec. 4, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM SUBMITTED BY (DEPT): CENTRAL SERVICES ASSISTANT DIRECTOR SUBJECT: David Brooks Enterprises / Contract #C05-12-636 / Change Order No. 8 Construction of the New Clerk of Courts Building to include only Phase I construction of the Old Clerk of Court Remodel. This project is of high priority, as itwill provide immediate relief to the current space needs with additional courtroom space and will be connected to the New Clerk of Courts Building. Also, the current Builders Risk Insurance will be extended on the New Clerk of Courts Building. Estimated cost to complete Phase I is $4,830,368 and approval and implementation of this Change Order (No. 8) will: • Save project time: By approving David Brooks Enterprises, already on site with construction of the New Clerk of Court Bldg., construction of the Chiller Plant, and the window repair and resealing of the exterior limestone panels on the Old Clerk of Court Bldg., to move forward with Phase I. • Savings in project costs: By utilizing the Direct Material Purchase option (tax exempt purchases/sales tax savings) already in place with David Brooks Enterprises for the construction of the New Clerk of Courts Building. • This Change Order is for Phase I construction only. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001-1930-562000-15010 (General Fund-Bldgs) / 316-1930-562000-15010 (County Capital-Bldgs) 001-1930-562000-FE003C (Bldgs-FEMA/Ins.) / 316-1930-562000-16012 (Buildings) 310003-1930-562000-16012(Buildings) / 316-1930-562000-16014(Buildings) 317-1930-562000-16012 (Buildings) / 315-1930-562000-16014 (Buildings) PREVIOUS ACTION: On January 23, 2007, Item No. c-8, the Board approved a conceptual of Change Order #8 to #C05-12-636, David Brooks Enterprises, to include construction of Phase I of the Old Clerk of Court Remodel project. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No. 8 to #C05-12-636, David Brooks Enterprises, to include only Phase I construction of the Old Clerk of Court Remodel project at a cost of $4,830,368, and authorize the Chair to sign the Change Order as prepared by the County Attorney. MISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 (Comm. Smith absent) Coordinati n/Si n tur s County Attorney: Mgt. 8 Budget: gA Originating Dept: Other. Administrator Purchasing Mgr.:, Other: r; MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLain, Assistant Director DATE: December 4, 2007 SUBJECT: David Brooks Enterprises / Contract #C05-12-636 / Change Order No. 8 Construction of the New Clerk of Courts Building to include only Phase I construction of the Old Clerk of Court Remodel. This project is of high priority, as it will provide immediate relief to the current space needs with additional courtroom space and will be connected to the New Clerk of Courts Building. Also, the current Builders Risk Insurance will be extended on the New Clerk of Courts Building. Estimated cost to complete Phase I is $4,830,368 and approval and implementation of this Change Order (No. 8) will: • Save project time: By approving David Brooks Enterprises, already on site with construction of the New Clerk of Court Bldg., construction of the Chiller Plant, and the window repair and resealing of the exterior limestone panels on the Old Clerk of Court Bldg., to move forward with Phase I. • Savings in proiect costs: By utilizing the Direct Purchase option (tax exempt purchases/sales tax savings) already in place with David Brooks Enterprises for the construction of the New Clerk of Courts Building. BACKGROUND: On December 6"', 2005, the Board of County Commissioners approved Contract No. C05-12-636, between St. Lucie County and David Brooks Enterprises for construction of the New Clerk of Courts Building. On August 1, 2006, the Board approved Change Order No. 4 to #C05-12-636 with David Brooks Enterprises, to include the construction of the downtown chiller plant. Another integral part of the construction to the downtown judicial complex project is the renovation of the Old Clerk of Court Bldg. and on January 23, 2007, the Board conceptually approved Change Order No. 8 to #C05-12-636 to include only Phase I construction of the Old Clerk of Court Remodel project. Upon completion of Phase I, and upon relocation of the departments to the renovated Old Clerk of Court building, we will begin renovation of the Courthouse Annex that would include the addition of three courtrooms (two having direct prisoner access). Phase I will include the following: 0 Level I -Three (male, female & juvenile) multi -person holding cells and a new law library. • Level 2-Sheriff Civil/Warrant, and jury assembly • Level 3-Corridor connection between Annex and New Clerk of Court Building • Infrastructure Improvements -Electric, fire alarm, fire sprinklers, plumbing, HVAC systems, life safety requirements, exterior glass curtain walls and 2°d level east demising floor. Elevator cabs, equipment and equipment rooms. • New Clerk of Courts extension of Builders Risk Insurance. In the ten months that have passed since this went before the Board, much has been accomplished by way of project construction and permitting. Re-evaluation of current project needs has determined that with the addition of the following items, from a security point of view (transporting of inmates), Phase I portion of project would be completely functional: • Add tunnel access from Annex Level lto Level 1 Old Clerk of Court Bldg. holding cells. These additional items would increase Phase I costs by $517,868; total cost for Phase I will be $4,830,368. Please note that these costs are for construction only, they do not include phone lines, data lines, security or furniture. Funding is available and staff is seeking the Boards approval of Change Order No. 8 to #C05-12-636, David Brooks Enterprises, to include only Phase I construction the Old Clerk of Court Remodel project. (Please See Attachments) RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No. 8 to #C05-12-636, David Brooks Enterprises, to include only Phase I construction of the Old Clerk of Court Remodel project at a cost of $4,830,368, and authorize the Chair to sign the Change Order as prepared by the County Attorney. :HANGE ORDER f -T. LUCIE COUNTY ROJECT: CHANGE ORDER NUMBER: 8-REVISED lame, address) ew Clerk of Courts Building INITIATION DATE: Nov. 15, 2007 CONSULTANT'S PROJECT NO.: O (Contractor): avid Brooks Enterprises ST. LUCIE COUNTY 000 Burma Road, #101 CONTRACT NO: C05-12-636 alm Beach Gardens, FL 33403 CONTRACT DATE Dec. 7, 2005 ou are directed to make the following changes in this contract 4dditional sheet attached as Exhibit A - Yes No) 'he original (Contract Sum) (Guaranteed Maximum Cost) was $ 11,863,000.UU let change by previous authorized Change orders $ 1,386,480.00 "he (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order $ 13,249,480.00 'he (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or inchanged) by this Change Order $ ,,8.00 -he new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be $ 18,07979,848.00 'he Contract Time will be (increased) (decreased) (unchanged) by (330 ) Days -he Date of Substantial Completion as of the date of this Change Order therefore is: C.O.C. Bldg. 2/6/2008 Chiller Plant 2/4/2008 -unds Available: Account Number (See Attached) Old C.O.C. Remodel 10/23/2008 -he adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment lue 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 ;hange Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative mpacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord ind satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused lirectly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. kcceptance 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 >erformed under this Change Order shall be performed in accordance with the contract specifications. 'ONTRACTOR: David Brooks Enterprises -ontractor. 3000 Burma Rd., #101, Palm Beach Gardens, FL 4ddress. 3y: CONSULTANT: Edlund Dritenbas Binkley & Assoc. Architect/Engineer Date: By: Date: ATTEST: 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: DEPUTY CLERK County Attorney 11/01/2007 10:24 5616269980 DAVID BROOKS ENT PAGE 01/08 i �Goks E N T E R P R 1 S f S 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561,626.9960 Fax: 561.626.9980 October 26, 2007 DAVID BROOKS ENTERPRISES, INC. Mr. Greg White Fax: (772) 402-1444 St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Remodel Modified Phase 1— First & Second Floors Dear Greg: We have reviewed the documents provided for the Clerk of Courts Remodel project and offer the following for your consideration: MODIFIED PHASE 1 SCOPE: CLERK OF COURTS REMODEL The following are specifically included in the modified Phase I scope of work: The following Adjustable Allowances: Descriortion Permit & Impact Fees $ 50,000 Utility & Connection Fees $ 20,000 Contingency $100,000 — Window Treatments $ 10,000 12 Jury Pool Monitors & Racks $ 12,000 Maintain Existing Fiber Optics $ 3,000 Door Hardware $ 40,000 Building Interior Signage 3 O00 TOTAL $238,000 2. Normal working hours. 3. Complete build -out of the first and second floors. 4. A temporary corridor on the third floor connecting the Annex to the bridge at the new Clerk of Courts building. 5. One air handier on the third floor to condition the temporary corridor (no VAV's) 6. Fire spray, fire sprinklers and temporary lighting in the temporary corridor_ 7. One passenger elevator 8. Constriction of the access tunnel between the Clerk's building and Annex building. 9. Where conflicts exist between the floor finishes indicated on the ID drawings (Finish Schedule) and the AF drawings, we have included the ID drawings as the basis for pricing 10. All interior and exterior glass and glazing work. 11. Conduit and boxes only where shown on the drawings for voice and data by others. 12. Use of existing double detector check, water and sewer service connections. 13. Electriever Filing Machines (2 ea.) 14. Dal -seal anti -crack membrane system at tile floors over access flooring. 15, Normal working hours with minimal off -hour work if required. General Contractors • Construction Management 11/01/2007 10:24 5616269980 DAVID BROOKS ENT PAGE 02 MODIFIED PHASE I CLARK OF COURTS REMODEL (OCT. 28 20071 PAGE David Brooks Enterprises, Inc 16, The metered cost of water and elechical power for the contractor's trailer only. (Metered utility costs for construction is to be by the owner.) The fallowing are specifically excluded from the modified Phase I scope of work: 1. Builders Risk Insurance coverage or premiums for same 2. Any work in the Annex Building (Phase I -A) 3. Any work on the third floor except for the temporary corridor as outlined above. 4. Any and all work on the fourth floor 5. Any work on the fifth floor / roof except for the roofing work itself_ 6. Prisoner elevator 7. Testing, inspecting, proving out or repairing existing roof drains, storm, water or sewer systems. Sandblasting or adding lath to the steel beams in order to adhere the specified tine spray material. We have assumed that the existing primer is acceptable, but will need to perform testing in order to confirm. Uhis could be as much as $50,9W fiche beams are required to be lathed,] 9. Bullet Resistant Fames and Glazing. 10. Metal Detector Equipment 11. Voice and data systems. 12. Surveillance, Security, Access Control and CCTV systems. 13. All Telephone / data cabling devices, cable trays, MDFs, IDF's and associated raceways. 14. Primary electrical service or transtomer. 16. Fire Suppression System (Inergen). 16. New service or removal / re-routing of power, low voltage or fiber optic systems. 17. Removal or disposal of the electrical transformer. 18. Replacenierrt of double detector check valve or water service meter and backflow devices. 19. Smart Board System. 20. Work Station Furniture. 21. Jury Pool or other furniture. 22. The metered cost of water and electrical power for construction use. 23. Any work which may have been indicated on electrical drawings E-19 and E-20 (not included in the drawings provided) 24. High Density Filing System (Understood to be by others) 25. Any changes which may result from the Fire Marshal and Building Departrnent plan review process. work will This proposal is valid for a period of thirty (30) days. Please contact me N you have questions or require any additional information. Sincerely, �Sro?Rn*n:.� David Brooks President Cc Paul Dritenbas, EDB Rick Wilhelm, DBE File X:1CImk of CmfISWen*np Ch MnVknnmc R9ftW*) WroRosal Annex RemWehFINAL&C '.1/01/2007 10:24 5616269980 DAVID BROOKS ENT PAGE 03/08 Project Clerk of Courts 26-Oct-07 t Modified Phase I SCHEDULE OF VALUES David Brooks Ent, Inc. BId Date: October 26, 2007 Y:WN DeOun+emmlfJnil[afGa�talPertlln ••�-__ ___ a• .. - nrwrre .`. GDC CLERK cM Code Trade Descrilption REMODEL. 1 010010 General Conditions 288,273 2 022050 Demolition & Removal 110,151 3 022000 Earthwork & Grading 15,000 4 023100 Site Concrete & Pavers 5,500 5 023500 Soil Stabilization / Sheet Piling 138.040 6 027000 Site Utilities Coordinate / Tie -In 2,250 7 028000 Landscape & Irrigation 18,750 8 031000 Concrete Shell 110,303 9 041000 Masonry & Filled Cells 231,602 10 051000 Structural & Misc. Steel 68,860 11 061000 Rough Carpentry 8,000 12 062000 Millwork & Trim Carpentry 61,900 13 071000 Damp / Waterproof / Caulk 8,750 14 072000 Building Insulation 13,500 15 072500 Spray -On Fireproofing 32,020 16 075000 Roofing & Sheet Metal 23,737 17 08100 Doors, Frames & Hardware 68,500 18 084000 Glass & Glazing 196,000 19 00500 Partitions & Panels 20 091000 Lath & Stucco 20,780 21 092000 Drywall & Framing 93,618 22 093000 Tile, Marble & Terrazzo Work 73,700 23 095000 Acoustical Treatment 42,000 24 096000 Carpet & Resilient Flooring 30,607 25 099000 Painting 42,000 26 104000 Misr. Specialties & Equip. 34,613 27 105200 Access Flooring 155,270 28 105300 File Storage 47,076 29 107000 Kalwall Transluscent Panels - 30 111000 Detention Equipment 25,915 31 120000 Courtroom Furniture 32 140000 Elevators & Lifts 127,811 33 154000 Plumbing 145,000 34 155000 Fire Protection 90,893 35 156000 HVAC 685,000 36 156200 HVAC Controls 170,000 37 160000 Electrical 860,000 " Subtotal $4,045.419 Permit & Other Scheduled Allowances 2.38,000 Insurance (Glen Lrab) 28,800 Bond On Subcontractors w/ Trades Pertormanoe Bond (1%) 47,960 Construction Fee (10%) 436,018 Total Projed Bid $4,796,197 WILLIAM L. ROBY CHIEF JUDGE December 21, 2006 THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT OF FLORIDA Chris Craft, Chairman Board of County Commissioners St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Proposed phasing schedule for renovations to the SLC Judicial Complex Dear Chairman Craft: 100 EAST OCEAN BOULEVARD STUART, FLORIDA 34994 (772) 463-3281 FAX (772) 463-3283 On December 6, 2006, I had the pleasure of meeting with Doug Anderson, County Administrator, Faye Outlaw, Assistant County Administrator, Paul Dritenbas, Architect, and others regarding the phasing schedule for renovations to the SLC Judicial Complex. The meeting was very productive, and resulted in the proposed changes to the phasing schedule. The proposed phasing schedule will provide the most immediate relief to our current space needs, providing the courtroom space currently necessary for the Judiciary to timely address our burgeoning caseloads. As indicated at the meeting on December 6`h, this good effort will only sustain the growth needs of the Judiciary in St. Lucie County for the next few years. A long term plan and solution are critical to the continued effective and efficient operations of the criminal justice system in this county. DEC 2 2 tea t '1 INDIAN RIVER. MARTIN. OKEECHOBEE & ST. LUCIE COUNTIES 1 Accordingly, I respectfully request your support of the proposed phasing schedule for renovations to the SLC Judicial Complex and in developing a long term plan and solution to meet the space needs of the SLC criminal justice system. Please contact me if I can be of further assistance with this matter. Sincerely, I William L. Roby Chief Judge Attachment cc: The Honorable Burton C. Conner The Honorable Barbara Bronis The Honorable Ben L. Bryan, Jr. The Honorable Cynthia L: Cox The Honorable James McCann The Honorable Elizabeth A. Metzger The Honorable Gary L. Sweet The Honorable Cliff Barnes The Honorable Kathryn Nelson The Honorable Philip J. Yacucci, Jr. The Honorable Thomas J. Walsh Doug Anderson, County Administrator Tom Genung, Trial Court Administrator AGENDA gUEST ITEM NO. c-8 DATE: Jan. 23, 2007 REGULAR[] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: DON MCLAM TO: BOARD OF COUNTY COMMISSIONERS PRESASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Conceptual approval of Change Order No. 8 to Contract #C05-12-636 with David Brooks Enterprises for the construction of the New Clerk of Courts Building include cl deonly Phase ate I construction of the Old Courthouse. This project is of high p s priority, P relief to the current space needs with additional courtroom space and will be connected to the New Clerk of Courts Building. Estimated cost to complete only Phase I is $4,312,500.00 and approval and implementation of this Change Order (No. 8) will: Save project time by enabling David Brooks Enterprises, already on site with construction of the New Clerk of Court Bldg., construction of the Chiller Plant, and the window repair and resealing of the -exterior limestone panels on the Old Courthouse, to move forward with only Phase I construction of the Old Courthouse. Savings in project costs by utilizing the Direct Purchase option already in place with David Brooks Enterprises for the construction of the New Clerk of Courts Building. This Change Order is for Phase 1 construction only; other Phases of the projectwiil be advertised for invitation to bid. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1930-562000-15010 (Buildings -County Capital101d Courthouse Renovation) 001-1930-562000-15010 (Buildings -General Fund) 001-1930-562000-FE003C (Buildings-FEMAflnsurance) PREVIOUS Item No. to #C05 12-636,ID ONvid 8 rooks Enterprises,' on November 14,2006, F, the Board approved Order Sed to Inde heconsttruct construction downtownChille Chiller Plant. RECOMMENDATION. Staff recommends the Board of County Commissioners conceptually approve Change Order No. 8 to #C05-12-636, David Brooks Enterprises, to include only Phase I construction of the Old Courthouse. Upon submittal of actual costs for only Phase I construction by David Brooks Enterprises, staff will present this again to the Board for final approval. [SIONACTIOtV: APPROVED [ ] DENIED (] OTHER: Approved 5-0 CONCURR �nderson County Administrator l Coordinations SgNaatures - County Attorney. LA. Mgt. &Budget: /�-�cVY��(� originating De�P��� Other: _-. Purchasing Mgr. Other. 1 MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLain, Assistant Director DATE: January 9, 2007 SUBJECT: Conceptual approval of Change Order No. 8 to Contract #C05-12-636 with David Brooks Enterprises for the construction of the New Clerk of Courts Building to include only Phase I construction of the Old Courthouse. This project is of high priority, as it will provide immediate relief to the current space needs with additional courtroom space and will be connected to the New Clerk of Courts Building. Estimated cost to complete Phase I is $4,312,500.00 and approval and implementation of this Change Order (No. 8) will: • Save project time by enabling David Brooks Enterprises, already on site with construction of the New Clerk of Court Bldg., construction of the Chiller Plant, and the window repair and resealing of the exterior limestone panels on the Old Courthouse, to move forward with only Phase I construction of the Old Courthouse. • Savings in project costs by utilizing the Direct Purchase option already in place with David Brooks Enterprises for the construction of the New Clerk of Courts Building. • This Change Order is for Phase I construction only; other Phases of the project will be advertised for invitation to bid. BACKGROUND: On December 6', 2005, the Board of County Commissioners approved Contract No. C05-12-636, between St. Lucie County and David Brooks Enterprises for construction of the New Clerk of Courts Building. On August 1, 2006, the Board approved Change Order No. 4 to #C05-12-636 with David Brooks Enterprises, to include the construction of the downtown chiller plant. _ construction to the downtown judicial complex project is the renovation of the Old Courthouse. This project has een divid into three phases, and Phase I of this project will include the addition of: • Level I -Holding cells and law library. • Level 3-Corridor connection between Annex and New Clerk of Court Building. • Level 2-Sheriff Civil/Warrant, and jury assembly • Infrastructure Improvements -Electric, fire alarm, fire sprinklers, plumbing, HVAC systems, life safety requirements, exterior glass curtain walls and 2nd level east demising floor. • Elevator cabs, equipment and equipment rooms Phase I "opinion of cost" is $4,312,500.00 (please see attached proposed phasing schedule and costs). Because this project is of high priority and would provide immediate relief to the current space needs with additional courtroom space, staff is seeking the Boards approval to add only Phase I to David Brooks Ent. contract as well. Benefits realized by doing this would be saving of project time and costs due to the fact that Mr. Brooks is already on site, equipment mobilized, for the construction of the New Clerk of Courts Building, window repair and resealing exterior limestone panels on the Old Courthouse, and construction of the Chiller Plant. In addition, this would save project cost by utilizing the direct purchase option already in place with David Brooks Ent. for the construction of the New Clerk of Court Building project. Additional benefits realized through this recommendation are outlined and attached by Edlund Dritenbas Binkley Architects, currently working with St. Lucie County on this project. Correspondence from The Honorable William L. Roby, Chief Judge, regarding the urgency of this project is attached as well. Funding is available for the "opinion of cost" and staff is seeking the Boards approval to conceptually approve Change Order No. 8 to #C05-12-636, David Brooks Enterprises, to include only Phase I construction the Old Courthouse, other Phases of the project will be advertised for invitation to bid. RECOMMENDATION: Staff recommends the Board of County Commissioners conceptually approve Change Order No. 8 to #C05-12-636, David Brooks Enterprises, to include only Phase I construction of the Old Courthouse. Upon submittal of actual costs for only Phase I construction by David Brooks Enterprises, staff will present this again to the Board for final approval. CHANGE ORDER .' ST. LUCIE COUNTY PROJECT: (name, address) r k of Cot3r a'._s -%miring `W rour't11::ii ii s ) TO (Contractor): n t Mi a Palm 13sach Card ins, 'L 33403 CHANGE ORDER NUMBER: INITIATION DATE: jan:aary 12, 2007 CONSULTANTS PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE:1 You are directed to make the following'changes in this Contract: (Additional sheet attached as Exhibit.A — Yes No) 7n^orporats changes to the "Scope of `,Ior+ " in t;ha cont:ract, to `'ticii2da Ph.ass i v'4'3nst'.a.uf`'tion of the 01a Co#:it lhaiis « No coots are as oc at° f74 with h this ci'liRnge order at 'i h y ti:nei the E?Oares ap*pz ?'v'al ot th c "0Qmceptua " ct3nge order. will G ar)lin ;hlz' contractor t.� su'b'alt 3'a.y.a'ctual coat . ?'or Ph*sa' .I <T,on.Syyf.:�.;:`L1C"t oil, r.�';s'JP. r�„C�y7a�....r�t 1:1f i JG cc( 3t s Pane'., upon f7C.l.�}.rrl ap�Jr!owal, i he ,'...,:� .traac sum will be increased The original (Contract Sum) (Guaranteed Maximum Cost) was ........................... $11 r A 53 J 00u .0 01 Net change by previous authorized Change orders $ 1 e "r1 2, 4`N 0, The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ....... $1 3 , 275 3, 41 00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or changed) by this Change Order ........................................................ $ __,._-_- The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be $1 3,27g 9 41 , DO The Contract Time will be (increas ) (decreased).(otrcfrarrgecl,: by (- .a) bays The Date of Substantial- Completion. as of the date ors irri,,'rarnige Order therefore is: Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price _- and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the. Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on = all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of theentire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed: All work performed under this Ch n $rider shall be performed in accordance with the contract specifications. Recommended: Approved: j.ua, '^a':it`.'n�Das =^.�.'`'1?:'7:_3z7 � .�-�GSSrJC. Architect/Engineer Addy s st3y Date Agreed To: p David -'sir Dr, a Contractor Address By - - Date t WHITE — VENDOR= -.., GOLDENROD — FINANCE St. Lucie County Department ^.-'A t);1 at; —..-4 —4 vim ..,-:...:.' ;� ._Y.4# t5y 'Date Authorized: St. Lucie County:2300 Virginia Ave., Ft. Pierce, FL34W2 10 Approved as to Form and Correctness Date County Attorney GREEN — PURCHASING PINK — DEPARTMENT 11/29/2007 18:14 5616269980 DAVID BROOKS ENT PAGE &In... e . P i� ardens, FL 33403 561.626.9960 Fax: 561.626.998u 9000 Burma Road, Suite 101 Palm Beach G November 1, 2007 462-1444 Fax. (T/2) Mr. Greg While 5t Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Office Building Extended Builders Risk Insurance Pending Change No. 99 Dear Greg: uilders Risk a follow up to my October 26 memo, I have secured a quote As for extendin�gvteh age to Mach 1, insurance coverage an the project. The net cost for extending 2008 is Thi Four Thousand e carrier adred Sevent written panty ihati theme have been One Dollars a o losses since Tiles conditional on providing date coverage previously expired (October 1, 2007)_ Unless you can provide assurance that the risk is coverer through another source (i.e. the County's insurance program) it is imperative that the Builders Risk coverage be re -activated immediately. Let me know right away if we are to proceed with this. night and Regard►ess of the insurance coverage, I again urge you Even if the Builders R� povices of licy is reinstated, weekend watchman for security and fire watch duty. there are significant potential losses that would not be covered under the policy. Let me know if there is anything I can do to assist in this regard. ACCEPTED: Thank you, St. Lucie County David Brooks Enterpris�, Inc David Brooks President print Name / Tide Cc Paul Dritenbas EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:%C,& c or CocRLalPenArnB Chaepeap.r. #9940a General Contractors • Construction Management AGENDA REQUEST ITEM NO. C7 DATE: December 4, 2007 REGULAR [I PUBLIC HEARING [I CONSENT [XI TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Grants / Disaster Recovery Ken Justice SUBJECT: Authorize the submittal of a grant application to Children's Services Council of St. Lucie County on behalf of In The Image of Christ Inc., a non-profit organization, for funding to promote Kwanzaa —A Unique Celebration of Cultural Pride Program for all residents of St. Lucie County. BACKGROUND: In The Image of Christ Inc. is a non-profit 501c3 corporation, founded in 2001 to provide comprehensive charitable outreach services. The founder, Hazel Hoylman, is recognized not only locally but also by the State as a leader in this field. The program is located at 115 North 8th Street, Fort Pierce, Florida 34950. The proposed Kwanzaa — A Unique Celebration of Cultural Pride Program, a much -needed development, is aimed to promote and redirect positive self-awareness to the African American Community, but encourages participation by all ethnic groups. Cultural lessons, speakers, and activities will occur over a period of seven days, in observance of one principle per day, ending with an enriching festival. This project has received full support by various local businesses and organizations FUNDS AVAIL: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [AI APPROVED [ I OTHER: If awarded, this competitive grant would provide funds that encourage the African American Community, and attendees, to focus on traditional African values of family, community responsibility, commerce, and self-improvement. It is highly estimated that the project will introduce St. Lucie County residents to Kwanzaa's seven guiding principles, institute an exceptional non -religious African American holiday, and allow the opportunity for all nationalities to re -focus on the value of individual, family, and community. Grant funds to be requested is $5,000 with no financial or service obligation to the County. These funds would cover the overall cost of the project. There is no financial obligation to St. Lucie County. There has been no previous action on this project. Staff recommends the Board approve the submittal of the grant application to Children's Services Council of St. Lucie County. [ I DENIED Approved 4-0 (Comm. Smith absent) County Attorney: originating Dept: Finance: (copies ly): CONCURRENCE Dou as Anderson County Administrator Coordination.,/Si natures Mgt & Budget: i"'/nm�l Purchasing: Public Works: Other: A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ITEM NO. C8 DATE: Dec. 4. 2007 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) PRESENTED BY: Laurie Case Utility Director SUBJECT: Staff requests approval of a Work Authorization with CDM, Inc. for engineering services related to the water, wastewater and reclaimed water rate and connection fee study in the amount of $49,700.00. FUNDS AVAILABLE: 471-3600-531000-300 (professional services) PREVIOUS ACTION: Board of County Commissioners approved continuing contract #C05-04-188. RECOMMENDATION: Staff recommends Board approval of the Work Authorization with CDM, Inc. for engineering services related to the water, wastewater and reclaimed water rate and connection fee study in the amount of $49, 700.00. COMMISSION ACTION: A APPROVED O DENIED O OTHER: Approved 4-0 (Comm. Smith absent) El County Attorney: Review and Approvals ❑ Management and Budget: ❑ Originating Dept: 0 Parks & 13 Finance: (Check for copy only, if applicable): CONCURRE Dd6gids Anderson County Administrator El Purchasing: ❑ Other: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. A UTILITY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Laurie Case, Utility Director DATE: December 4, 2007 RE: St. Lucie County Utility Water and Sewer District Fee Study BACKGROUND: As it has been several years since a rate study has been performed and operating and capital costs have significantly been affected by increasing costs of doing business, we have asked CDM, Inc. to prepare a potable water, wastewater and reclaimed water rate and connection fee study. This study will provide utility staff the appropriate recommendations to adjust rates forfull recovery of the cost of operations, and to update connection fees to recover the capital investment required to meet demands imposed by growth. The rate study will also look to consolidate the existing rates, fees and charges into St. Lucie County Utilities District wide rates. RECOMMENDATION: Staff recommends Board approval of the Work Authorization with CDM, Inc. for engineering services related to the water, wastewater and reclaimed water rate and connection fee study in the amount of $49,700.00. AGENDA REQUEST ITEM NO. 9A December 4, 2006 REGULAR [X] PUBLIC HEARING [] CONSENT [X] TO: St. Lucie County Board of County Commissioners SUBMITTED BY (DEPT): Administration PRESENTED BY: —D6uglas M. Anderson, County Admostrator SUBJECT: AG PUD Steering Committee — Cattleman's Association would like to appoint Jim Russakis as their representative on the Agricultural Development Steering Committee. BACKGROUND: On October 23, 2007 Resolution No. 07-316 was approved by the Board of County Commission to create the AG PUD Steering Committee. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board ratify the appointment of Jim Russakis as the representative for the Cattleman's Association to the Agricultural Development Steering Committee. COMMISSION ACTION: RAPPROVED[] DENIED [] OTHER: Doug as M. Anderson Approved 4-0 County Administrator (Comm. Smith absent) Review and Approvals County Attorney: Management & Budget: Purchasing: Originating Dept: Other: Other: Finance: (Check for copy only, if applicable) Effective: 5/96 Page 1 of 2 Missy Stiadle - Fwd. RE: Cattlemans Ag Committee seat 9A From: Dawn Milone To: Stiadle, Missy Date: 11/19/2007 11:50 AM Subject: Fwd: RE: Cattlemans Ag Committee seat Missy were you able to get the cattlemen' associations appointee Jim Russakis on the agenda for tomorrow? Daw Dawn Milone Growth Management St. Lucie County 772-462-1687n >>> "H.M. Ridgely" <hridgely@evansprop.com> 11/19/2007 11:22 AM >>> Dawn, I see that as part of the BOCC agenda tomorrow night the Board will be considering the appointment of Robbie Johnson and Chuck Olsen to the AG PUD Steering committee. Will the appointment of Jim Russakis be added to that agenda? -----Original Message ----- From: Dawn Milone [mailto:miloned@stlucieco.gov] Sent: Friday, November 16, 2007 3:05 PM To: Ridgely, H.M. Subject: Re: Cattlemans Ag Committe seat Your so Good. Thank You. Dawn Milone Growth Management St. Lucie County 772-462-1687 >>> "H.M. Ridgely" <hridgely@evansprop.com> 11/16/2007 1:49 PM >>> Dawn, Here is Jim Russakis' contact information. Hopefully you heard directly from Wes Carlton about the Cattlemans appointment. Thanks, HM file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\474178... 11/19/2007 Page 2 of 2 Russakis Citrus Management 8801 Indrio Road Fort Pierce, FI 34951 772.465-5355 Office 772-465-5655 Fax jimgrussakis@aol.com Email H.M. Ridgely III Evans Properties, Inc 660 Beachland Blvd. Vero Beach, FI 32963 772-234-2410 ext 235 772-234-6059 fax 561-818-7100 mobile file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\474178... 11/19/2007 AGENDA REQUEST ITEM NO. 913 DATE: December 4, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY fDEPT]: Administration ,.e-� Dou s .Anderson, ounty Ad istrator SUBJECT: Art in Public Places Committee BACKGROUND: Commissioner Craft has requested that Mr. Havert Fenn serve as his appointee on the Public Art and Design Committee. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board ratify Commissioner Craft's appointment of Mr. Havert Fenn to the Art in Public Places Committee. COMMISSION ACTION: 8APPROVED [] DENIED [] OTHER: Approved 4-0 (Comm. Smith absent) CONCURRE Douglas M. Anderson County Administrator Review and Approvals County Attorney: Management & Budget: Purchasing: Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 Page 1 of 1 Missy Stiadle - Re: REMINDER From: Jody Bonet To: O'Donnell, Eva; Stiadle, Missy Date: 11/19/2007 11:05 AM Subject: Re: REMINDER HI Eva and Missy, Can we still add under administration Commissioner Craft selecting Coach Havert Fenn to be on the Art in Public Places committee??? Thanks, jody Jody Bonet, Director St. Lucie County Cultural Affairs 600 North Indian River Drive Fort Pierce, Florida 34950 772/462-1767 Fax 772/462-1769 >>> Missy Stiadle 11/19/2007 10:25 AM >>> Staff meeting is tomorrow at 8:00 a.m. in Conference Room #3. We will be going over the December 4, 2007 BOCC Meeting Agenda. 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 file://CADocuments and SettingslAdministratorlLocal SettingslTemplXPgrpwise147416D... 11/19/2007 ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS CA-1 12/4/07 PUBLIC HEARING ( CONSENT ( X ) PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to award Invitation to Bid (ITB) #07-111 Construction of the Emergency Operations Center to the lowest responsive, responsible bidder, Paul Jacquin & Sons, Inc. for the amount of $8,552,000.00. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 001419-2510-xxxxxx-2615-Department of Community Affairs 107001-2510-562000-2615 —911 Wire/Wireless funding 316-1930-xxxxxx-2615- County Capital/ Insurance 316-1930-xxxxxx-2615-Fire District 316-1930-xxxxxx-2615-F P& L 316-1930-xxxxxx-2615-Equipment PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid #07-111 Construction of the Emergency Operations Center to the lowest responsive, responsible bidder, Paul Jacquin & Sons, Inc. for: 1.The amount of $8,552,000.00,2. Authorize staff to reduce the amount of the award for County purchased bid items and alternates not used, and 3. Authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: (WI APPROVED () DENIED () OTHER Approved 4-0 (Comm. Smith absent) County Attorney (X) Public Safety () - CONCURONCE: Douglas M. Anderson County Administrator Coordination/Signatures Mgmt & Budget (X) Purchasing (X) 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: November 20, 2007 RE: Board approval to award Invitation to Bid (ITB) #07-111 Construction of the Emergency Operations Center to the lowest responsive, responsible bidder, Paul Jacquin & Sons, Inc. for the amount of $8,552,000.00. Background: The Board of County Commissioners approved the building of a new Emergency Operations Center to be located at the St. Lucie County Fairgrounds. The facility, designed as an EHPA shelter, is designed to be fully self sustained for three days with a Design wind Speed of 200 MPH wind gusts for three (3) seconds and an importance factor of 1.15. To assist staff in choosing the best qualified contractors, staff pre -qualified contractors prior to issuing the Invitation to Bid for the construction of the project. The following firms were pre -qualified for this project 1. Paul Jacquin & Sons, Inc. 2. Urban Building Systems, Inc. 3. David Brooks Enterprises, Inc. 4. Barth Construction Inc. 5. Dooley Mack Constructors Of South Florida 6. Hewitt Kier Construction 7. Stiles Construction. Hewitt Kier Construction did not attend the mandatory pre -bid conference and did not submit a bid, and Stiles Construction chose to decline bidding on the project since the delivery system was issued as an Invitation to Bid, and not Construction Manager at Risk. The following firms submitted bids (see attached bid tabulation): 1. Paul Jacquin & Sons, Inc. 2. Urban Building Systems, Inc. 3. David Brooks Enterprises, Inc. 4. Barth Construction Inc. 5. Dooley Mack Constructors Of South Florida Dooley Mack Constructors Of South Florida's bid was declared non -responsive because the bid bond was incorrect. In addition, staff is researching the cost of purchasing Builders Risk Insurance instead of having the contractor do so if substantial cost savings can be achieved. Recommendation: Staff recommends Board approval to award Invitation to Bid #07-111 Construction of the Emergency Operations Center to the lowest responsive, responsible bidder, Paul Jacquin & Sons, Inc. for: 1.The amount of $8,552,000.00,2. Authorize staff to reduce the amount of the award for County purchased bid items and bid alternates not used, and 3. Authorization for the Chairman to sign the contract as prepared by the County Attorney. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR Bid #07-111 — ST. LUCIE COUNTY EOC CONSTRUCTION TABULATION SHEET OPENED: NOVEMBER 09, 2007 AT 2:00 P.M. FIVE (5) submittals were received: BASE BID TOTAL BID BID ALTERNATE A BID ALTERNATE B PAUL JACQUIN & SONS, INC. 7348 Commercial Circle, Ft. Pierce, FI. 34951 $ 8,453,500.00 $8,550,000.00 1,000.00 $1,000.00 Fax: (772) 466-2806 URBAN BUILDING SYSTEMS, INC. 1516 SW Mapp Road, Palm City, FI. 34990 $8,623,900.00 $8,700,900.00 $2,000.00 $3,000.00 Fax: (772) 288-3446 DAVID BROOKS ENTERPRISES, INC. 9000 Burma Rd., Ste.101, Palm Beach Gardens, $g 173,900.00 $9,233,900.00 * 7,500/Month No Charge FI. 33403 Fax: 561 626-9980 BARTH CONSTRUCTION, INC. 1717 Indian River Blvd., #202-A, Vero Beach, FI. $9,419,013.00 $9,501,357.00 $12,500.00 $4,500.00 32960 Fax: 772 770-3017 DOOLEY MACK CONSTRUCTORS OF SOUTH FLORIDA h 11971 NW 37 . Street, Coral Springs, FI. 33065 $9,603,201.00 $9,827,701.00 `! $1.00 $1.00 Fax: (954_345-9041 PRE QUALIFIED FROM RFQ #07-092 * MATH ERRORS ** NON RESPONSIVE Number of companies notified*: 6 Number of bid documents distributed*: 6 Number of bids received: 5 AGENDA REQUEST TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/Disaster Recovery ITEM NO. CA-2 DATE: December 4, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: Bill Hoeffner Director SUBJECT: Authorize the County Administrator to sign the Federal Emergency Management Agency (FEMA) Project Completion and Certification Report for Hurricane Irene (Disaster 1306) This report certifies that all FEMA projects resulting from Hurricane Irene have been completed, that all costs claimed are eligible in accordance with the FEYA grant conditions, and that all costs claimed have been paid in full. BACKGROUND: Hurricane Irene struck St. Lucie County as a Category 1 storm during October 1999. St. Lucie County incurred $3,373,102.78 in damages reimbursable by FEMA involving 28 separate projects. A grant was given by FEMA to provide financial assistance for the recovery projects. All recovery projects have been completed and reimbursement has been received from FEMA according to the conditions of the grant. FUNDS AVAIL.: N/A PREVIOUS ACTION: In 1999, the Board approved the grant contract with FEMA RECOMMENDATION: Staff recommends the Board authorize the County Administrator to sign the Federal Emergency Management Agency Project Completion and Certification Report for Hurricane Irene. COMMISSION ACTION: CONCURRENC [A] APPROVED [ ] DENIED [ ] OTHER: ugl s Anderson Approved 4-0 County Administrator (Comm. Smith absent) Coordination/Signatures County Attorney: Mgt 6 Budget: Purchasing: Originating Dept: - Public Works: Other: Finance: (copies only): E 7g; e E 8 8 • Q Q N L4 N In. 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