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Home My WebLink AboutAgenda Packet 07-16-02 '-"' '--' ; JULY 16,2002 7:00 PI\1 BOARD OF COUNTY COMMISSIONERS J\lIEETING AGENDA WELC Ql'dE 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 wi.ll be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission \,ill discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON.AGENDA ITEIVIS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TOO (561) 462·1428 at least forty-eight(48) hours prior to the meeting. '-' >..I vvww.stlucieco.gov John D. Bruhn Doug Coward Paula A. ù",is Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA July 16,2002 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE ~ 1. MINUTES Approve the minutes of the meeting held July 9, 2002. flpprðl}.R..ÓL 2. PROCLAMATIONS I PRESENTATIONS . A. Resolution \'0. 02- 18-1 . Consider staff recommendation to adopt the Resolution Supporting Authorization of ComprelJfnsive Everglades Restoration Plan (CERP) Projects for 2002. ftpp~ B. Michelle Oyola, Regional Director for Senator Bill Nelson, would like to introduce herself to the Board, as St. Lucie County's Representative. 3. GENERAL PUBLIC COI\IIv!ENT CONSENT AGENDA ),UnuS c-ZA(etJ1d) (fp(J(ð~ 4. Kfa.ml8~!!iiI!¡lIIl!f;~4i\~-1Il{1W.j.1I _ _~_ J&¡~__lm PUBLIC HEARINGS COUNTY ATTORNEY SA. AT&T / Comcast Cable Television Franchise Transfer / Resolution No. 02-161 - Consider staff recommendation to adopt the resolution approving the pr0,R0sed transfer and authorize the Chairman to sign the resolution. f1Wø(/~ SB. Ordinance No. 02-16 - Consider staff recommendation to adopt the proposed ordinance amending Chapter 1-13.8 (Noise Control) of the 51. Lucie County Code of Ordinances and Compiled Laì\"s. Crxrh.nUl) u..n+iL q \3.. 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 proceedmgs and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any' pam to the proceoomgs will be granted tne opportunity to cross-examine any indiVIdual testifying during a hearing upon request. Áilyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie Couut\" COmmunity Services Manager at (561) 462-1777 or TDD (561) 462-1418 at least forty-eight(48) hours prior to the meeting. '-' ..." REGULAR AGENDA JULY 16, 2002 PAGE TWO PUBLIC HEARINGS (CONTINUED) COMMUNITY DEVELOPMENT Sc. Resolution No. 02- 14S / Ouasi-Judicial / SUNRISE TRACTOR & EQUIPMENT- Consider staff recommendation to approve the resolution granting a 12 month extension to the Site Plan/Conditional Use Permit previously issued, to allow the retail sale of farm equipment and related accessories in the AG-1 (Agricultural- 1 du/acre) Zoning District. If appro\"ed, the new expiration date will be May IS, 2003. Location: 9901 Okeechobee Road, on the south side of Okeechobee Road, approximately one-third mile ,\"est of Gentile Road. ~ 6-0 SD. Resolution No. 02- 143 / Ouasi-Tudicial / MARTINEZ - .Consider staff recommendation to approve the resolution granting a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District to develop a dental office on the subject property. Location: east side of the Turnpike Feeder Roa~, approximately 300 feet north of Palomar Parkway. -*P'P (Ô~ .6...-0 SE. Resolution No. 02-047 / Ouasi-ludicial / GULF STREAM NATURAL GAS SYSTEMS- Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow for the construction and operation of the first segment of the natural gas pipeline to be knmm as Gulfstream Gas Pipeline. Location: a 300 foot corridor centered on the Florida East Coast Railroad K-Branch line from the intersecting point of the J\lartin, Okeechobee and St. Lucie County lines northeasterly to I-9S then north along and inside the Florida Power and Light easement running from Glades Cut-Off Road to the Midway Road substation property. ~\I'~ SF. Ordinance No. 02 -0 1§Ï Ouasi- Tudicial / Land Development Code / N on-Con'ming Lots of Record· This is the first of two required public hearings on this matter. The second public hearing is scheduled for Tuesday, August 20, 2002 at 7:00 pm, or as soon thereafter as possible. 0:0 speCific action is required by the Board at the July 16, 2002 meeting other than to accept public comments and provide any direction to staff to address any particular concerns that you may have. Bpp~fn\ 2~Pàl:i(C~01L~/zo. End of Public Hearings Þ.IØl'M,_ _ '-" ...,I REGULAR AGENDA JULY 16, 2002 PAGE THREE 6. PUBLIC WORKS A. 7. ~~0 ~>(J ~\~O~. Unsafe Structure /1808 Avenue "Q", Fort PiercZHorida - Pursuant to the provisions of Article III of Chapter 2-S of the ~. Lucie County Code of Ordinances and Compiled Laws, staff recommends that the Board declare the structure to be unsafe, and that the Board hold a public Hearing on August 20, 2002 at 7:00 pm, or as soon thereafter as possible, to take such further action as is appropriate under Article III of r~-5 of the Code. Unsafe Structure / 2205 Elizabeth Avenue,~e5fe, Florida - Pursuant to the provisions of Article III of Chapter 2-5 of the~. Lucie County Code of Ordinances and Compiled Laws, staff recommends that the Board declare the structure to be unsafe, and that the Board hold a puþlic Hearing on August 20,2002 at 7:00 pm, or as soon thereafter as possible, to take such further action as is appropriate under Article III of Chapter 2-5 of the Code. COUNTY ATTORNEY frPGJ~· B. A. Aircraft Trading Center, Inc. / Proposed Fixed Base Operator Lease Agreement and Conceptual Lease Approval for Additional Eleven (11) Acres _ Consider staff recommendation to approve the proposed agreement, authorize the Chairman to sign the agreement upon receipt of the signed originals from Aircraft Trading Center, lne. Staff further recommends that the Board grant conceptual lease approval for the apprqximately eleven (11) acres adj acent to the proposed new ta'Xi\\-ay with the condition that the time periods set forth in Resolution No. 95-01 will begin to run on the date the County receives notice the Airport Master Plan has been approved by the Federal Aviation Administration and the Florida Department of Transportation. B. Air Charter of Florida, Inc. / Third Amendment to March 12, 1992 Lease Agreement - Consider staff recommendation to approve the proposed amendment, and authorize the Chairman to sign the amendment upon receipt of the signed originals from Air Charter. '-' ...." CONSENT AGE\DA lulv 16. 2002 1. WARRANTS LIST Approve warrants list No. 41. 2. PURCHASING é) tw- PAm Jo ~' B. c. Extension of Contract No. C99-09-607 \\ith Greenscapes, Inc. - Consider staff recommendation to approve the e.xtension to the current contract through September 30, 2003, and authorize the Chairman to sign the extension as prepared by the County Attorney. Bid No. 02-075 / Furnish Sod, and Furnish & Install Sod - Consider staff recommendation to award the bid to the suppliers listed, and authorize the Chairman to execute the agreements as prepared by the County Attorney. Amendment to Contract No. C-02-02-311 with South Florida Concrete Services, Inc., for Concrete, Culvert and Asphalt Installation-- Consider staff recommendation to approve the amendment and authorize the Chairman to execute the amendment as prepared by the County Attorney, increasing the total annual"not to exceed amount" to $120,000. 3. INVESTMENT FOR THE FUTURE A. Harmony Heights Master Drainage Improvement Project - Consider staff recommendation to approve Work Authorization No.4 with BCI Engineers & Scientists, Inc., in the amount of Sï5,ï84.80 for Design and Permitting for Phase I, and authorize the Chairman to sign the agreement. B. Budget Amendment No. 02-142 / South County Stadium Concession- Restroom Building - Consider staff recommendation to reject the current bids, re-bid with modifications and approve the budget amendment to use General Fund Contingency in the anlOunt of $134,000. 4. COUNTY ATTORNEY A. Revocable License Agreement / Tropicana Products, Inc / Installation of Natural Gas Line in Glades Cut-Off Road Right-of-Way - Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement, and direct Tropicana Products, Inc. to record the agreement in the Public Records of St. Lucie County, Florida. B. Deputy Sheriff's Blanket Bond - Consider staff recommendation to authorize the Chairman to execute the bond. 5. AIRPORT A. Airfield Lighting Project - Consider staff recommendation to approve the scope of work with HNTB for $196,736 to provide professional engineering services which includes design, preparation of drawings, estimates, specifications, project bidding assistance, and construction management services. '-- CONSENT AGENDA JULY 16, 2002 PAGE TWO ...., 5. AIRPORT (CONTINUED) B. Security Fencing Project - Consider staff recommendation to approve final payment to R.A. Reymann, Inc. and authorize the release of retainage for a total project cost of 51-13,:>60. 6. ADMINISTRATION A. Fort Pierce Harbor Ad\isory Committee - Consider staff recommendation to ratify Commissioner Le,\is' appointment of Mary Chapman to the Fort Pierce Harbor Advisory Committee. B. Budget Amendment No. 02-146 and Equipment Request No. EQ02-233 - Consider staff recommendation to approve the budget amendment and Equipment Request for the upgrades to the County Commission Chambers and Conference Room #3, and approve the allocation of $ 70,000 to complete the project. 7. PUBLIC WORKS A. Cortez Boulevard and South 29[h Street Culvert Replacement - Consider staff recommendation to approve Change Order No. 1 with Lucas Marine Construction, Inc., in the amount of 5(2,145), reducing the total budget to $124,505. B. Warner Global Consulting Senices, Inc. - Consider staff recommendation to approve the second amendment to the agreement for civil engineering and project management and authorize the Chairman to sign the agreement. 8. COMMUNITY DEVELOPMEì'rT A. Ancient Oaks Addition Project - Consider staff recommendation to approve the Florida Communities Tmst Grant Application, and authorize the County Administrator to sign and transmit the application. B. White City Bridge Trail Project - Consider staff recommendation to approve the Office of Greenways and Trails t-Iulti-Party Acquisition Agreement, and authorize the County Administrator to sign and transmit the agreement to the Office of Greenways and Trails. C. St. Lucie Village Florida Communities Trust Project - Consider staff recommendation to authorize staff to assist St. Lucie Village with the preparation and submission of a grant application to Florida Communities Trust and to manage the project lands if ultimately purchased through FCT. D. White City Woodlands Project - Consider staff recommendation to approve the Florida Communities Tmst Conceptual Approval Agreement, and authorize the County Administrator to sign and transmit the agreement to Florida Communities Tmst. '-' CONSENT AGENDA JULY 16, 2002 PAGE THREE ..J 8. COMMUNITY DEVELOPMENT (CONTI\LtDl E. North Fork of the St. Lucie Ri\"er Phase Three Project - Consider staff recommendation to approve the Florida Communities Trust Grant Application, and authorize staff to submit the application. F. Indrio Scrub Phase Two Project - Consider staff recommendation to approve the Florida Communities Trust Grant Application, and authorize staff to submit the application. \w ....; St. Lucie County Board of County Commissioners Announcements July 16, 2002 A There will be a Ribbon Cutting for the Indian River Lagoon Trace Bike Path at Normandy Beach Park, on July 22,2002 at 2:30 pm. B. There will be Consultant Inteniews for the Urban Area Allocation Study on July 23,2002 at 1:30 pm in Conference Room 3. C. The August 6, 2002 Board of County Commissioners Meeting has been cancelled. D. There will be a Ground Breaking for Little Jim Bridge Boat Ramp on August 26, 2002 at 10:00 am. E. There will be a Erosion Workshop on August 26, 2002 at 2:00 pm in Conference Room 3. ----- ...., ."",,/ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA July 16. 2002 REGULAR AGENDA Administration R-A.l Florida Association of Counties (FAC) Revision 7 Special Assessment - Staff requests Board direction regarding the request from Florida Association of Counties (FAC) to fund this special assessment in the amount of $5,948. ApPro\K!Ô · If-- [ ) (0(an ~ .---- 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 milY 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 heming will be sworn in. Any party to the proceedings will be granted the opportunity to cross~ examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least rorty-eight(48) hours prior to the meeting. ~ JULY 16,2002 7:00 PM I~ 1~ 7Þ BOARD OF COUNTY COÌ\II\1ISSIONERS 1\1EETING AGENDA WELCOME ...I GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSE'\ì 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. REGeL-ill AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requestS are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone \\1shing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NOl\-AGENDA ITEl'dS- These items arc presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORDI- Please be respectful of others opinion. MEEThGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.ì\L 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 pro\ided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TOO (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ ...I www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA July 16,2002 7:00 P.I\1. INVOCA TrON PLEDGE OF ALLEGIANCE ~ 1. MINUTES Approve the minutes of the meeting held July 9, 2002. 2. PROCLAMATIONS / PRESENTATIONS . A. Resolution No. 02- 184 - Consider staff recommendation to adopt the Resolution Supporting Authorization of Comprehensive Everglades Restoration Plan (CERP) Projects for 2002. B. Michelle Oyola, Regional Director for Senator Bill Nelson, would like to introduce hérself to the Board, as St. Lucie County's Representative. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ~ ~,i$X'~'ji PUBLIC HEARINGS COUNTY ATTORNEY SA. AT&T / Comcast Cable Television Franchise Transfer / Resolution No. 02-161 - Consider staff recommendation to adopt the resolution approving the proposed transfer and authorize the Chairman to sign the resolution. SB. Ordinance No. 02-16 - Consider staff recommendation to adopt the proposed ordinance amending Chapter 1-13.8 (Noise Control) of the St. Lucie County Code of Ordinances and Compiled Laws. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarl) at these meetings will need a record of the proceedmgs and for such purpose may neeð to ensure that a verbatim record of the proceedings is made. Upon the requesf ofany party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeoIngs will be granted tl1e 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 Sf: Lucie Co.untv Community Services Manager at (561) 462-1777 or TDD (561) 462-14ZS at least forty-elght(4S) hours prior to the meeting. '-" ...., REGULAR AGENDA JULY 16, 2002 PAGE TWO PUBLIC HEARINGS (CONTINUED) COMMUNITY DEVELOPMENT 5C. SD. SE. Resolution No. 02- 145 / Ouasi- Tudicial / SUNRISE TR.ACTOR & EQUIPMENT- Consider staff recommendation to approve the resolution granting a 12 month extension to the Site Plan/Conditional Use Permit previously issued, to allow the retail sale of farm equipment and related accessories in the AG-1 (Agricultural- 1 clu/acre) Zoning District. If approved, the new expiration date will be May 15,2003. Location: 9901 Okeechobee Road, on the south side of Okeechobee Road, approximately one-third mile west of Gentile Road. Resolution No. 02- 143 / Quasi- Tudicial / MARTINEZ - .Consider staff recommendation to approve the resolution granting a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District to develop a dental office on the subject property. Location: east side of the Turnpike Feeder Road, approximately 300 feet north of Palomar Park,,-ay. SF. Resolution No. 02-047 / Ouasi-ludicial / GULF STREAM NATURAL GAS SYSTEMS- Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow for the construction and operation of the first segment of the natural gas pipeline to be known as Gulfstream Gas Pipeline. Location: a 300 foot corridor centered on the Florida East Coast Railroad K-Branch line from the intersecting point of the Martin, Okeechobee and St. Lucie County lines northeasterly to 1-95 then north along and inside the Florida Power and Light easement running zro Glades Cut-Off Road to the Midway Road substation property. Ordinance No. 02-0 Ouasi- Tudicial / Land Development Code /Non-Confirming Lots of Record - This is the first of two required public hearings on this matter. The second public hearing is scheduled for Tuesday, August 20, 2002 at 7:00 pm, or as soon thereafter as possible. No speCific action is required by the Board at the July 16, 2002 meeting other than to accept public comments and provide any direction to staff to address any particular concerns that you may have. End of Public Hearings - ....... ..,¡ REGULAR AGENDA JULY 16,2002 PAGE THREE 6. PUBLIC WORKS A. Unsafe Structure /1808 Avenue "Q", Fort Pierce, Florida - Pursuant to the provisions of Article III of Chapter 2-5 of the Lt. Lucie County Code of Ordinances and Compiled Laws, staff recommends that the Board declare the structure to be unsafe, and that the Board hold a public Hearing on August 20, 2002 at 7:00 pm, or as soon thereafter as possible, to take such further action as is appropriate under Article III of Chapter 2-5 of the Code. B. Unsafe Structure / 2205 Elizabeth Avenue, Fort Pierce, Florida - Pursuant to the provisions of Article III of Chapter 2-5 of the Lt. Lucie County Code of Ordinances and Compiled Laws, staff recommends that the Board declare the structure to be unsafe, and that the Board hold a puþlic Hearing on August 20, 2002 at 7:00 pm, or as soon thereafter as possible, to take such further action as is appropriate under Article III of Chapter 2-5 of the Code. 7. COUNTY ATTORNEY ~"JJ A k¡/B Aircraft Trading Center, Inc. / Proposed FL'Ced Base Operator Lease Agreement and Conceptual Lease Approval for Additional Eleven (11) Acres _ Consider staff recommendation to approve the proposed agreement, authorize the Chairman to sign the agreement upon receipt of the signed originals from Aircraft Trading Center, Inc. Staff further recommends that the Board grant conceptual lease appro\'al for the apprQximately eleven (11) acres adjacent to the proposed ne,,' ta,'(Í,,-ay with the condition that the time periods set forth in Resolution No. 95-01 will begin to run on the date the County receives notice the Airport ~laster Plan has been approved by the Federal Aviation Administration and the Florida Department of Transportation. Air Charter of Florida, Inc. / Third Amendment to March 12, 1992 Lease Agreement - Consider staff recommendation to approve the proposed amendment, and authorize the Chairman to sign the amendment upon receipt of the signed originals from Air Charter. ....... ." CONSENT AGENDA ruly 16. 2002 1. W ARR.-\¡\'TS LIST ApproYe warrants list No. 41. ~2' I L/:~RCH.::::ion of Contract No. C99-09-607 with Greenscapes, Inc. - Consider .~ v staff recommendation to approve the extension to the current contract through September 30, 2003, and authorize the Chairman to sign the extension as prepared by the County Attorney. B. Bid No. 02-075 / Furnish Sod, and Furnish & Install Sód - Consider staff recommendation to award the bid to the suppliers listed, and authorize the Chairman to execute the agreements as prepared by the County Attorney. C. .-\mendment to Contract No. C-02-02-311 '\,ith South Florida Concrete SeT\lces, Inc., for Concrete, Culvert and Asphalt Installation-- Consider staff recommendation to approve the amendment and authorize the Chairman to e.-xecute the amendment as prepared by the County Attorney, increasing the total annual "not to exceed amount" to 5120,000. 3. INVEST:\IE\"T FOR THE FUTURE A. Harmony Heights 1\1aster Drainage Improvement Project - Consider staff recommendation to approve Work Authorization NO.4 with BCI Engineers & Scientists, Inc., in the amount of $ 7 5, 784.80 for Design and Permitting for Phase I, and authorize the Chairman to sign the agreement. B. Budget Amendment No. 02-142 / South County Stadium Concession- Restroom Building - Consider staff recommendation to reject the current bids, re-bid with modifications and approve the budget amendment to use General Fund Contingency in the amount of 5134,000. 4. COU?\TY ATTORNEY A. Revocable License Agreement / Tropicana Products, Inc / Installation of Natural Gas Line in Glades Cut-Off Road Right-of-Way - Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement, and direct Tropicana Products, Inc. to record the agreement in the Public Records of St. Lucie County, Florida. B. Deputy Sheriff's Blanket Bond - Consider staff recommendation to authorize the Chairman to execute the boncL J. AIRPORT A. Airfield Lighting Project - Consider staff recommendation to approve the scope of work v.lth HNTB for $196,736 to provide professional engineering seT\lces which includes design, preparation of drawings, estimates, specifications, project bidding assistance, and construction management seT\lces. ~ CONSENT AGENDA JULY 16, 2002 PAGE TWO ...., 5. AIRPORT (CONTINUED) B. Security Fencing Project - Consider staff recommendation to approve final payment to R.A. Reymann, Inc. and authorize the release of retainagefor a total project cost of $143,560. 6. ADMINISTRATION A. Fort Pierce Harbor Advisory Committee - Consider staff recommendation to ratify Commissioner Lewis' appointment of Mary Chapman to the Fort Pierce Harbor Advisory Committee. B. Budget Amendment No. 02-146 and Equipment Request No. EQ02-233 - Consider staff recommendation to approve the budget amendment and Equipment Request for the upgrades to the County Commission Chambers and Conference Room ;;:-3, and approve the allocation of $70,000 to complete the project. 7. PUBLIC WORKS A. Cortez Boulevard and South 29th Street Culvert Replacement - Consider staff recommendation to approve Change Order No. 1 with Lucas Marine Construction, Inc., in the amount of 5(2,145), reducing the total budget to 5124,505. B. Warner Global Consulting Services, Inc. - Consider staff recommendation to approve the second amendment to the agreement for civil engineering and project management and authorize the Chairman to sign the agreement. 8. COMMUNITY DEVELOPMENT A. Ancient Oaks Addition Project - Consider staff recommendation to approve the Florida Communities Trust Grant Application, and authorize the County Administrator to sign and transmit the application. B. White City Bridge Trail Project - Consider staff recommendation to approve the Office of Greenways and Trails Multi-Party Acquisition Agreement, and authorize the County Administrator to sign and transmit the agreement to the Office of Greenways and Trails. C. St. Lucie Village Florida Communities Trust Project - Consider staff recommendation to authorize staff to assist St. Lucie Village with the preparation and submission of a grant application to Florida Communities Trust and to manage the project lands if ultimately purchased through FCT. D. White City Woodlands Project - Consider staff recommendation to approve the Florida Communities Trust Conceptual Approval Agreement, and authorize the County Administrator to sign and transmit the agreement to Florida Communities Trust. '-' CONSENT AGENDA JULY 16, 2002 PAGE THREE .."" 8. COMMUNITY DEVELOPMENT (CONTI01UED) E. North Fork of the St. Lucie River Phase Three Project - Consider staff recommendation to approve the Florida Communities Trust Grant Application, and authorize staff to submit the application. F. Indrio Scrub Phase Two Project - Consider staff recommendation to approve the Florida Communities Trust Grant Application, and authorize staff to submit the application. \w' ."., St. Lucie County Board of County Commissioners Announcements July 16, 2002 A There will be a Ribbon Cutting for the Indian River Lagoon Trace Bike Path at Normandy Beach Park, on July 22, 2002 at 2:30 pm. B. There will be Consultant Interviews for the Urban Area Allocation Study on July 23, 2002 at 1:30 pm in Conference Room 3. C. The August 6, 2002 Board of County Commissioners Meeting has been cancelled. D. There will be a Ground Breaking for Little Jim Bridge Boat Ramp on August 26, 2002 at 10:00 am. E. There will be a Erosion Workshop on August 26, 2002 at 2:00 pm in Conference Room 3. ¡. . ' AGENDA REQUEST 'wII ITEM NO. R-Al DATE: July 16, 2002 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Florida Association of Counties (FAC) Revision 7 Special Assessment BACKGROUND: See attached memo FUNDS WILL BE MADE AVAILABLE: Fiscal Year 02/03 Budget $5,948.00 PREVIOUS ACTION: None RECOMMENDATION: Staff requests Board direction regarding the request from Florida Association of Counties (FAC) to fund this special assessment in the amount of $5,948. [XJ APPROVED [ ] DENIED C ] OTHER: (4-1) (Bruhn No) COMMISSION ACTION: E: Review and Approvals County þ.tt0 rr.ey, Management & Budget Purchasing: Originati:-l~T Dept. Other: Other: Finance: ·:::::heck fer Copy only, if applicable) Eff. 5/96 f:~/16/2202 ec, --:05 '-' NO.904 Gi002 ,..." ... . ... fLOR~·. .~ ASSOCIA T, ':.!: Of COUN !'.Ii .!.- P.O. ßox 549,' Tal/aha,.>'"." florida .12302 Ph<'nt; 850/922·4300 .Sur7c"m. 'l92-43nf fAX, 850/488-7501 ''\;e.bsit~; wwv.·.fI~Crn.ml¡t"S.ctJm Via Facsimile & U.S. Mail TO: FR.OM: FAC Board of DirectDrs Mary Kay Cariseo, Executive Director DATE: July 15, 2002 SUBJECT: Revsíon 7 Special Assessment The FAC Executive Committee met and approved a voluntary special assessment to provide FAC with supplemental legislative assistance to ensure that Revision 7 is implemented in the manner intended by its framers. - Pending approval from the FAC Board of Directors, the Executive Committee has approved a six (6) cent per capita assessment for counties with 700,000 or more in population and a three (3) cent per capital assessment for all remaining colJf1tíês. This special assessment will be used over a two year period to assist F AC TnTtSTõbbymg -èfforts. While the assessment will be voluntary, all counties will be strongly encouraged to partiCIpate In this effort. Attached please find a spreadsheet-l:îêtailing the amount each county would be assessed. '--- The funds generated by the assessment will be matched by a total S170,OOO In FAC funds over a two year period. Funds will be used prior to and during the 2003 and 2004 Legislative Sessions to assist FAC in the delivery of its message to legislators. ' Please complete the attached form indicating your support of, or opposition to, the special 8S$essment. If you h~'{§l_any-questioJ:ls-reg3rding . . .,. lease call either me or /~resident DUf'IT'ltcK.'-- /' ~..\ ( If the Beard approves the assessment, we will provide each county with notification of the '--. a!js()ss~ soon as possible. _________- Please fax your response to the FAC office a1850/488-7501 no later than July 24. Thank you_ MKC/jrr Attachments ."-IH KAY CÞ.IlI.EO fX,ÚmVt OII1E(70R I CHUCK DUNN'CI( PIlES'Of....T OSCtOlA Ie. CUYMAXCY P~ESIDENT·ELECT HIGHLANDS I CLifF rHAflL 15Tv1Cé ÞRrSID:.V LEON I WEt TO,." G. GlOWEll I KARf"l T. MARCLS :;':~ ;>IG p<>':'<iQE,~ T /I,1MlOìATE P,\ST PRfSIDENT ~~ PAUI.tACH 37..;;16<::002 ¡"\.., ....", FLORIDA ASSOCIATION OF COUNTIES ARTlCLE V SPECIAL ASSESSMENT SPREADSHS;T : j Attachment 1 tiD. 9C4 D033 220,31'7 454,!J181 224;2~8 35,1181 7,12& . 18,8621 270'771' . 26Ù77 i- .. :1~8.866:',' 2,;!8S,734! 80,588' 59,409 ¡ :113,450 36,1471 , 929,709 " 17i,481I , 1,153;440 352.378i ',927 43Ò' "4SS:!J23! 7(),;820 . . ' , I 128,580, ., 198 253 12Ù70! 333,755 377,8291 .! 56¡915 35,695! 19,5.21: ' 13,5211 ".4S?,015 23,807: .' 42,542 21,4371 $ 1$ $ 1$ $ 1$ $ !$ $ 0.06: $ $. $ $ $ 0;05' $ 1$ 0.06 $ 1$ 0.06 $ i$ '$ !$ $ $ 222,1l98 $ 6,690 LAKE i.2,562! 1 $ 677 , !LEE 150,287 $ 4,509 ¡. ' LEON 26,080: '$ 7821 11~,I,l ,L.EVY .' ¡II.l . 485;178 $ 14',555 .,1 LIBERTY 1.649,803' 0.061 $ 98,9881 'MADISON 13;013' $ 392 'i::" MANATEE 144,5711 1$ 4.3371 ~:'!I¡¡IMARION 120,471 $ 3;614 'ill'¡II"',I¡' MARTIN 142,838[ I $ 4,286 I ' ! MIAMI-DADE 264,218 $ 7,927 ,I¡I'! MONROE 57,081 I $ 1,712 I : NASSAU 32,736 $ 982 I!;I~¡:" OKALOOSA 14,059! $ 422' II ¡ OKEECHOBEE 793,898 0.06 $ '47~634 1!1" ORANGE 296,709¡ I $ 8,901 I i, ! OSCEOLA 53,061 $ M92 I!lili PALM B~CH 11,197: i $ 336 I ,1;11' PASCO 45,273 $ 1,358 PINEl-LAS 14,699' $ 441 I '" ¡POLK 10,612 $ !318 [;Iill PUTNAM 14,952 I $ 449! ~:ì~! !ST. JOHNS 13,731 ' $ 412, I ST. LUCIE 26,921' $ 808 I I.", SANTA ROSA 36,302 $ 1,0.89 '¡,iill' SARASOTA 132,76.2: I $ 3,983 ill iSEMINOLE a8,212· $ 2,646 . SUMTER 1,026.906] o.oel $ 61,614 I '. ¡SUWANNEE 18,714 $ i561 ¡illl'!; TAYLOR 115,716i I $ 3,471: il~,¡il' ¡UNION 47.369 $ 1.421 I.I~¡' VOLUSJA 13,043' I $ 391 i, IWAKULLA 7;0~7 $212 WAlTON ·.·_~_"__L-__"__.L"l!!i:I·_I'_~~':IINGTO~ ' ¡ ~- . "OTAl ' :----.--! H__U"H_~ I 1, - , I I I I I I "Per cella /!,ssessmenr is 3 cents for all fI.lral to m;,rJilJm sized co¡.¡nties 8.'0 ~ cems for the 7 largest urban counties. ALACHUA BAKER BAY BRADFORD BREVARD BROWARD CALHOUN CHARLOTTe CITRlIS CLAY COLLIER COLUMBIA DE SOTa DIXIE DUVAL ESCAMBIA FLAGLER FRANKLIN GADSDEN GILCHRIST GLADES GULF HAMILTON HARDEE HENDRY HERNANDO "IGHLANDS HILLSBOROUGI- HOLMES INDIAN RIVER JACKSON JEFFERSON LAFAYETTE U:\JOHN~\OOCS'C.'.R7 Jobby!s! 3$SUSll1l!rl manl:;IJ1?led '<2 711S12CO~5:0S FM 16,307,303 ~ .. 6,610 13,645 6,72fi 1,054 214 566 8,123 7,928 3,866 137,144 2,418 1,782 5,204 1.084 55,183 5,384 69,206 10,571 55,646 14,878 2,125 3,857 5¡948 3,641 10,013 11.335 1,707 1,071 586 406 13,560 714 1.Z76 643 1$ $ 1S $ 1$ $ \$ $ '$ I~- : $752.22(;.00 -- -.------------ '-" ..." BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA July 16, 2002 REGULAR AGENDA Administration R-A.l Florida Association of Counties (FAC) Revision 7 Special As~essment - Staff requests Board direction regarding the request from Florida Association of Counties (FAC) to fund this special assessment in the amount of $5,948. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal (my 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. Opon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. My party to the proceedings will be granted the opportunity to cross- examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours príorlo the meeting. '-' ....., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 9, 2002 Convened: 9:00 a.m. Tape: I Adjoumed: 9: I 5 a.m. Commissioners Present: Vice Chairman, Cliff Bames, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, Doug Coward (absent) Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Paul Phillips, Airport Director, Mike Rath, Purchasing Director, Ray Wazny, Public Works Director, Bill Blazak, Utilities Director, Jim David, Mosquito Control Director, David Rodriguez, Human Resources Director, Pete Keogh, Parks & Recreation Director, Beth Ryder, Community Services Director, Don West, County Engineer, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-029) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held July 2, 2002; and, upon roll call, motion carried unanimously. I 2. '. PROCLAMA nONS/PRESENTAtION None 3. GENERAL PUBLIC COMMENTS None 4. CONSENT AGENDA (1-137) It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the Consent Agenda with items C-7B, C-9 and the addition~ being pulled; and, upon roll call, motion carried unanimously. . 1. WARRANT LIST The Board approved Warrant List No. 40. 2. COMMUNITY SERVICES FY 02/03 Trip Equipment Grant- The Board approved the application and contract for the grant and acceptance of the grant, authorized the Chairman to sign all documents necessary to execute the application and approved Resolution No. 02-140. 3. PARKS AND RECREATION A. Golf Course/Golf Cart Lease/The Associates Commercial Corporation- The Board approved the Acknowledgement Equipment Lease Purchase Agreement pertaining to the name change of golf cart leasing company, The Associates, to CitiCapital which occurred on July 1,2001, and authorized the Chairman to sign the agreement. B. Contract AmendmentlFlorida Coast Professional Baseball School- The Board approved the first amendment to the Lawnwood Recreational Complex Facilities Use Agreement with Professional Sports Camps Inc., d/b/a Florida Coast Prorcssional Baseball School and ,Illthoriï,ed the ('hainllan to sign the amendment. ~ 1 07/05/02 F7.ABWARR FUND 001 001137 001139 001140 . 001143 001151 001249 001267 001809 101 101002 101006 101213 102 102001 102104 104001 105 107 107001 107002 , .- - 140 140001 145112 160 183 183001 183004 185002 316 330 382 401 418 421 441 448 449 451 458 461 471 478 479 4Cll 505001 611 673 , '-' ..., ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 29-JUN-2002 TO 05-JUL-2002 FUND SUMMARY ~ TITLE General Fund Zora Neala Hurston Dust Tracks Heri FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 Urban Mobile Irrigation Lab Grant Section 8 Grant FY 99/CO EMPA 01/02 Dept. of Community Affai SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Impact Fees FDOT 25th St. Widening Unincorporated Services Fund Drainãge-Maintenance MSTU FDOT Bicycle/pedestrian Coordinator Recreation Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E9l1 Surchar Sheraton Plaza Fund I Paradise Park Fund Port & Airport Fund Port Fund NOAA/ClP Bear Point Integration plan Maintenance RAD Fund Ct Administrator-19th Judicial ~ir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court ' SHIP Housing Assistance FY 01/02 County Capital Lakewood Park Fund Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund' H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHl Util - Capital Facilities F~nd S. Hutchinson Utilities Fund I SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund S. Hutchinson Fund GRAND TOTAL: H I EXPENSES 124,997.64 960.00 20.90 575.14 619.17 88.32 15,466.15 274.80 90.95 23,743.62 1,191.75 2,726.64 53,230.71 3,704.67 3,805.95 98.51 602.01 155.71 2,878,581.21 62.74 62.75 448.73 716.00 10,647.68 116.62 1,696.10 229.73 343.83 200.38 326.80 111.27 18,744.04 2,130.00 4,500.00 6,595.62 23,418.49 11.11 58,412.10 69.50 63.35 6,495.90 56.51 4,300.27 145.95 27.02 27.65 3,153.39 53,996.78 128.36 14,311.32 1,167.60 3,323,561.44 PAGE 1 PAYROLL 449,721.19 0.00 273.24 7,368.68 943.55 1,188.80 0.00 3,810.13 1,188.80 107,021.99 0.00 0.00 0.00 45,865.25 t_ 3 , 4 8 8 . 8 0 1,287.72 0.00 2,202.00 83,854.53 829.15 829.16 0.00 0.00 10,652.32 0.00 0.00 2,440.00 4,496.72 1,115.38 2,874.61 1,430.40 0.00 0.00 0.00 39,520.42 20,336.35 153.21 3,019.99 940.05 854.39 1,771.68 763.63 10,774.02 2,035.83 365.25 374.37 24,704.96 2,766.66 1,760.03 5,575.91 0.00 848,599.17 . a_ ~ ...., 4. PUBLIC WORKS A. Solid Waste/Abandonment of Artesian Well Project- The Board approved Change Order No. I and Final Payment to Jaffer Associates, Inc., in the amount of$867.50 bringing the total contract to $10,877 .50. B. Equipment Request No. 02-231/Budget Amendment No. 02-144- The Board approved the equipment request and budget amendment for the purchase of a camper top for the Engineering survey vehicle from Thurman's in the amount of$I,030 to protect the equipment from inclement weather and theft or vandalism. C. Solid Waste/Equipment Request No. 02-232/Budget Amendment No. 02-145- The Board approved the equipment request and budget amendment for the purchase of one used tandem converter dollie in the amount of $6,000 for the balefill facility. D. Salary Increase for Buildin~ Official- The Board approved a 5% salary increase 1'01' obtaining StateCcrlilicatiolls. 5. HUMAN RESOURCES Third Year Adjustment to the Pay and Classification Study- The Board approved the adjustments effective April 1,2002. 6. AIRPORT Taxiway A-I Project at St. Lucie County International Airport- The Board approved Change Order No.2 for Dickerson Florida, Ind., for a decrease in the contract amount of $21,642.18 for a total project amount of$369,546.79 and authorized the release of retainage. 7. PURCHASING A. Bid No. 02-067/Airport Industrial Park Sanitary Sewer System Phase 1- The Board approved awarding the bid to the low bidder, RK Contractors, Inc., in the amount of$75,125 and authorized the Chairman to sign the contract as prepared by the County Attorney. B. This item was pulled. C. Bid No. 02-080/Purchase of One Propane Fuel Generator for the Sports Complex- The Board approved awarding the bid to crs Sales & Service Co., in the total amount of$18,832. D. RFP No. 02-076 Operation of Fairwinds Restaurant- The Board approved negotiating an agreement with ZgolfFood and Beverage Services and authorized the Chairman to sign the contracts as prepared by the County Attorney. 8. INVESTMENT FOR THE FUTURE Selvitz Road over Ten Mile Creek Bridge Project/Bridge ID No. 940015- The Board approved Work Authorization No. 11 with Jenkins and Charland, Inc., for Engineering Services to provide an evaluation in the amount of$I,200 and authorized the Chairman to sign the authorization. r 2 '- """ 9. MANGEMENT AND BUDGET This item was pulled. 10. COUNTY ATTORNEY A. Treasure Cove/Ocean Harbour South MSBUIPublic Utility Easements for Wastewater Facilities - The Board approved accepting the easements, authorized the Chairman to sign Resolution Nos. 02-11; 02-12;02-13;02-14;02-15;02-16; 02-17;02-18; 02-19; and directed staff to record the document in the Public Records ofS1. Lucie County, Florida. B. General Financial Advisory Agreement with William R. Hough &Co., - The Board approved the agreement and authorized the Chairman to sign the agreement. C. l\:nllission to Advl:rtise Ordinance No. 02-23- The ßoard approved advertising the proposed ordinance creating Section 1-15-30.1 to require dogs to be under restraint by lead or leash in County owned or leased properties or facilities which permits dogs for public hearing on August 20, 2002 at 7:00 p.m. or as soon thereafter as possible. I D. Contract Approval for Legal Representation for Indigent for Dependency Cases and Termination of Parental Right Cases- Trial Level with Dawn A. Kirk, P.A., T. Charles Shafer, Esquire, Keith C. Pickering, P.A. and Reginald B. Sessions, Esquire ("Kirk") - The Board approved the proposed contract and authorized the Chairman to sign the agreement upon receipt ofthe signed originals from Kirk. E. Voting Systems Assistance Agreement- The Board approved the agreement and authorized the Chairman to sign the agreement. I Additions: Resolution No. 02-182- This item was pulled. . REGULAR AGENDA G. COUNTY ATTORNEY A. Cultural Affairs Council- Consider staff recommendation to appoint one of the persons nominated by the Cultural Affairs Council to fill one of the vacancies on the council, and to re-appoint Jessye Walker for a second tern1 on the Council. it was moved by Com. Hutchinson seconded by Com. Bruhn, to approve the re- appointment of Jessye Walker, and also the appointment of Jenene Skmpky to the Cultural Affairs Council; and, upon roll call, motion carried unanimously. B. Tedder v. S1. Lucie County Mediation Settlement Agreement/Orange Avenue Loop Road- For consideration before the Board was staff recommendation to approve the agreement and authorize the County Attorney to submit a Final Judgement to the Court incorporating the terms of the agreement. It was moved by Com. Bruhn, seconded by Com. Hutchinson to approve staff recommendation; and, upon roll call, motion carried unanimously. r :\ '- ..", 7. ADMINISTRATION Bi- Weekly Committee Reports- The Board provided committee and advisory board updates. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court r 4 , "-' ....", AGENDA REQUEST ITEM NO. :?,4 DATE: July 16,2002 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: \ SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 02-184 - Supporting Authorization of Comprehensive Everglades Restoration Plan (CERP) Project for Projects for 2002. BACKGROUND: The Everglades ecosystem, spanning from the Kissimmee River Valley to Florida Bay, is a significant national resource and international treasure. S1. Lucie County continues to support implementation of the comprehensive Everglades Restoration Plan through the authorization of the three projects; the Indian River Lagoon Feasibility Study, the Southern Golden Gates Estates project, and the Water Preserve Areas Feasibility Study in a Water Resources Development Act of 2002 or another legislative vehicle consistent with the assurances provisions of WRDA 2000. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 02-184 as drafted. COMMISSION ACTION: [~. APPROVED [] DENIED [ ] OTHER: (5-0) · ..... County Attorney: Originating Dept. ... ~ Review and Approvals Management & Budget Other: Finance: (Check for Copy only, if applicablel___ \ ...., Purchasing Other: Eft. 5/96 '-' ....,¡ RESOLUTION NO. 02-184 A RESOLUTION SUPPORTING AUTHORIZATION OF COMPREHENSIVE EVERGLADES RESTORATION PLAN (CERP) PROJECT FOR PROJECTS FOR 2002 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. The Everglades ecosystem, spanning from the Kissimmee River Valley to Florida Bay, \ is a significant national resource and international treasure. 2. On December 11, 2000, Congress approved the Comprehensive Everglades Restoration Plan (CERP), and Everglades restoration must move forward expeditiously. 3. Everglades restoration requires that Congress approve each restoration project and three projects are scheduled for approval during the 2002 session of Congress. 4. These projects, in particular, are immediately necessary because of development pressure, escalating costs of delay, and impending estuarine ecological collapse. 5. These projects promise to provide large-scale restoration early in the CERP process, thus demonstrating the worth of the investment the federal, state and local taxpayers are making in this historic restoration effort. 6. These projects repair previous damage caused by federal and state water control projects. 7. These projects contain more than half of the total land area in the restoration plan, and will provide impressive ecological benefits well before 2010, induding: 265 square miles (170,000 acres) of restored and protected wetlands and uplands. restored habitat for more than 2,200 species, at least 35 of which are threatened or endangered (including, manatee, snail kite, wood stork, red-cockaded woodpecker, scrub jay, crested caracara, whooping crane, bald eagle, indigo snake, eastern '-' 'WI loggerhead turtle, Atlantic green turtle, leatherback turtle, Atlantic hawks bill, and Atlantic Ridley turtle). tens of millions of dollars in associated economic and quality òf life benefits annually. improved water quality for the Everglades, Florida Bay, 10,000 Islands, St. Lucie Estuary, and Lake Okeechobee. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: , 1. St. Lucie County continues to support implementation of the comprehensive Everglades Restoration Plan (CERP) through the authorization of the three projects listed above, the Indian River Lagoon Feasibility Study, the Southern Golden Gates Estates project and the Water Preserve Areas Feasibility Study, in a Water Resources Development Act of 2002 or another legislative vehicle consistent with the assurances provisions ofWRDA 2000. 2. St. Lucie County calls on Congress and the Florida Delegation to endeavor to pass legislation approving the Indian River Lagoon Feasibility Study, the Southern Golden Gates Estates project and the Water Preserve Areas Feasibility Study. 3. The County Administrator is hereby directed to forward copies of this resolution to members of Congress and the Florida Delegation. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XX Vice-Chairman Cliff Barnes XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX Commissioner John D. Bruhn XX . \.f ...¡ PASSED AND DULY ADOPTED this 16th day of July, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: \ COUNTY ATTORNEY rqg~QÇQYi~~~í3~:..R~=' . .................................................~... .......:þågefj œ: ~ .r¡.. From: To: Date: Subject: <Cowarddt@aol.com> <COWARDD@co.st-lucie.fl.us> Mon, Jul 8, 200212:35 PM Re: Reso Charline: I fully support this request. Please have Doug Anderson/Dan Mcintyre work with Erin to make this happen. Thanks. You could call Erin and ask her to fax a copy of a draft resolution for our consideration. Doug r......~...... ...... .............,..,~"-"'~~~.,.,.".c=~".,. Doug Coward -R. e~() .. ... .. ... ... ..... ....................... ............... .._. . .,.............., _. ___u__ From: To: Date: Subject: "DEADY, Erin" <edeady@Audubon.org> '"cowardd@co.st-Iucie.fl.us''' <cowardd@co.st-lucie.f1.us> Mon, Jul 8, 2002 10:10 AM Reso «Local Reso '02.doc» Commissioner Coward- I don't know if you remember, Erin Deady from Audubon of Florida. We met at the Everglades Coalition conference two years ago at Hutchinson Island. I am working on getting some local governments to pass resolutions on some CERP projects this year that need authorization, including the Indian River Lagoon Feasibility Study. The typical vehicle for such authorizations is the Water Resources Development Act (WRDA). But because of Congressional politics this year, there may be no WRDA. We are currently trying to put pressure on Senator Graham to introduce stand alone legislation to get these projects authorized if there is not WRDA. There are three projects listed in this sample Resolution. These include: Southern Golden Gates Estates, the Water PreselVe Areas and the Indian River Lagoon. The idea is to keep these three projects as a package, even if only one benefits directly a local government. Essentially. if we get S1. Lucie to support all three, Dade tosupport all three and Collier to support all three, for instance, we have a stronger coalition of counties supporting the same message: keep Everglades Restoration moving by authorizing the first projects out of the box. Please give me some feedback as to whether you might be willing and able to move such a resolution. I have approached: Dade, Broward, Palm Beach and' we are now working on St. Lucie, Monroe and Collier/Lee. Our timeframe is to get this done in July before the Congressional summer recess. I can be reached at 786.295.3203 and have left a voice message for your office this morning. Thanks so much for listening. 1I00k forward to hearing from someone in your office. Erin Deady, Esq. Environmental Counsel Audubon of Florida .. .. ····þ~gill ~ ...,,¡ Resolution of Support for Authorization of Comprehensive Everglades Restoration Plan (CERP) projects for 2002 WHEREAS, the Everglades ecosystem, spanning from the Kissimmee River Valley to Florida Bay, is a significant national resource and international treasure; WHEREAS, on December 11 th, 2000, Congress approved the Comprehensive Everglades Restoration Plan (CERP); WHEREAS, Everglades restoration must move forward expeditiously; WHEREAS, Everglades restoration requires that Congress approve each restoration project and three projects are scheduled for approval during the 2002 session of Congress; WHEREAS, these projects, in particular, are immediately necessary because of development pressure, escalating costs of delay, and impending estuarine ecological collapse; WHEREAS, these projects promise to provide large-scale restoration early in the CERP process, thus demonstrating the worth of the investment the federal, state and local taxpayers are making in this historic restoration effort; WHEREAS, these projects repair previous damage caused by federal and state water control projects; WHEREAS, these projects contain more than half of the totallarid area in the restoration plan, and will provide impressive ecological benefits well before 2010, including: · 265 square miles (~170,000 acres) of restored and protected yvetlands and uplands, · restored habitat for more than 2,200 species, at least 35 of which are threatened or endangered (including, manatee, snail kite, wood stork, red- cockaded woodpecker, scrub jay, crested caracara, whooping crane, bald eagle, indigo snake, eastern loggerhead turtle, Atlantic green turtle, leatherback turtle, Atlantic hawksbill, and Atlantic Ridley turtle), · tens of millions of dollars in associated economic and quality oflife benefits annually, · improved water quality for the Everglades, Florida Bay, 10,000 Islands, St. Lucie Estuary, and Lake Okeechobee. BE IT THEREFORE RESOLVED, County continues to support implementation of the Comprehensive Everglades Restoration Plan (CERP) through the authorization of the three projects listed above, the Indian River Lagoon Feasibility Study, the Southern Golden Gates Estates project and the Water Preserve Areas Feasibility Study, in a Water Resources Development Act of2002 or another legislative vehicle consistent with the assurances provisions ofWRDA 2000. .. '-' ...,,¡ BE IT FURTHER RESOLVED, County calls on Congress and the Florida Delegation to endeavor to pass legislation approving the Indian River Lagoon Feasibility Study, the Southern Golden Gates Estates project and the Water Preserve Areas Feasibility Study. \,/ AGENDA REQUEST ..." h.J... ITEM NO. ',J I DATE: July 16, 2002 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: AT&T/Comcast Cable Television Franchise Transfer BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 02-161 approving the proposed transfer and authorize the Chairman to sign the resolution. -' E: COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: (5-0) uglas Anderson County Administrator County Attorney: y Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 ~ ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-636 DATE: June 12, 2002 SUBJECT: AT&T/Comcast Cable Television Franchise Transfer ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- BACKGROUND: AT&T Broadband has proposed a transfer of its cable television franchise with the County to AT&T/Comcast Corporation. Attached is a copy of the relevant correspondence: 1. S. Bisno letter dated February 27, 2002, as well as FCC Form 394 2. D. Anderson letter dated March 27, 2002 3. S. Bisno letter dated April 11, 2002 4. I. Feld, Esq. letter dated April 22,2002 With regard to the issues identified on page 3 of Mr. Anderson's March 27, 2002 letter, County staff has met with a representative of AT&T to discuss the issues. 1. Provision of Service to County Facilities. County staff has verified that AT&T is providing service to County facilities as required by the Franchise Agreement. 2. Provision of Second Access Channel to the County. Channel 21 will be available to the County in the fall of 2002. 3. Procedures for Customer Complaints. AT&T has mandated customer policies and procedures including, but not limited to forced arbitration and waiver of \...- ....., subscribers rights to participate in class action lawsuits. The "Notice of Policies and Procedures" was never submitted to the County Administrator for approval as required by Ordinance No. 98-09, Section 1-5.5-41(1) and represents a violation of the ordinance and franchise agreement. 4. Interconnection with other cable operators in the County. AT&T has interconnected its system with Adelphia's system. 5. INET. AT&T will submit cost proposals for County review. ria Feld, Esquire, of Leibowitz & Associates, the firm which represents the County on cable issues, will attend the June 18 meeting to answer any questions that the Board may have. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 02-161 approving the proposed transfer and authorize the Chairman to sign the resolution. Respectfully submitted, Daniel S. McIntyre County Attorney DSM/ caf Attachments \...- """ RESOLUTION NO. 02-161 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING THE CHANGE OF CONTROL OF THE TCI OF NORTHERN NEW JERSEY, INC. , CABLE TELEVISION FRANCHISE AGREEMENT TO AT&T COMCAST CORPORATION WHEREAS, on March 8, 2002, St. Lucie County, Florida ("County") received an FCC 394 and an Application for County consent by the County Commission to the proposed change of control of the TCI of Northern New Jersey, Inc., ("Franchisee") cable television Franchise Agreement from AT&T Corporation and AT&T Broadband, LLC (collectively, "AT&T") to AT&T Comcast Corporation ("Applicant"). WHEREAS, pursuant to Ordinance No. 98-09 of the County {"Ordinance") and the Franchise Agreement, no such change of control may occur without prior approval of the County Commission of the County; and, WHEREAS, the County has required that the Franchisee fulfill its obligations, pursuant to the Ordinance and Franchise Agreement, and provide information on the proposed transaction including details on the legal, financial, technical and other qualifications of the Applicant and on the potential impact of the transfer on service; and, WHEREAS, under FCC Rules, 47 CFR Section 76.502, the County has 120 days plus any extensions thereto from the date of submission of a completed FCC Form 394, together with all exhibits, and any additional information required by the Franchise Agreement or applicable state or local law, to act upon an application to sell, assign, or otherwise transfer controlling ownership of a cable system; and, \....r ......J WHREAS, Franchisee has represented to the County that it has taken all actions and implemented all practices necessary to insure that the Franchisee is, unless otherwise noticed, in compliance with all provisions of the Ordinance and Franchise Agreement; and WHEREAS, the County has required written acceptance from Franchisee and written acceptance by Applicant of the terms and conditions of this Resolution, the Ordinance and the Franchise Agreement, by affidavit, as a condition precedent to adoption of this Resolution (affidavit attached hereto as Exhibit "A"); and WHEREAS, in the event the proposed transaction between AT&T and Comcast Corporation is not consummated within one hundred twenty (120) days of the date hereof or does not reach final closure for any reason, or in the event such closure is reached on terms substantially or materially different to the terms described in the FCC For 394 and exhibits thereto, the approval granted in this Resolution shall be null and void. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT: Section 1. The foregoing recitals are approved and incorporated herein by reference. Section 2. To the extent required, the County hereby consents to the change in ultimate control of the County's cable television Franchise Agreement from AT&T to AT&T Comcast. Section 3. That the consent granted herein does not constitute and should not be construed to constitute a waiver or release of any obligations of the Franchisee under the Ordinance, Franchise Agreement and any and all amendments and agreements related thereto. \...; -..I Section 4. That the consent granted herein does not and should not be construed to constitute a waiver of any right of the County or Franchisee under applicable law, including but not limited to, the Ordinance or the Franchise Agreement; and further, this consent shall not prejudice the County's rights with respect to the enforcement, renewal or transfer of the current Franchise Agreement and any and all amendments or agreements related thereto. Section 5. That the consent herein granted is conditioned upon (a) Franchisee's assurances set forth in its affidavit submitted to the County on and attached hereto as Exhibit "A"; and (b) payment to the County no later than July 17, 2002, of all costs incurred by the County related to the evaluation the transfer application and the transfer process including, but not limited to, consulting and legal fees. Section 6. That this Resolution shall have the force and effect of continuing the Franchise Agreement between the Franchisee and the County, (as the Franchise Authority), to the extent consistent with Ordinance No. 98-09, the Franchise Agreement and any and all agreements related thereto, including but not limited to, Exhibit "A" attached hereto. Section 7. That the County hereby reserves all of its rights pursuant to Federal, State and local law, including but not limited to, the rights in (a) the franchise renewal process, including but not limited to, the right to consider violations of the franchise by the Franchisee, either prior to or subsequent to the merger of AT&T and Comcast Corporation; (b) the franchise transfer process, including but not limited to, the right to act upon any application to sell, assign or otherwise transfer any interest in the Franchisee or the cable system; and (c) the enforcement of the current Ordinance, the current Franchise Agreement, and any and all amendments, agreements and assurances related thereto. \...; ...., Section 8. That the consent herein granted expressly does not waive and expressly reserves to the County its rights to fully exercise all applicable legal rights and authority with regard to Franchisee, AT&T and AT&T Comcast, and their affiliates, parents or subsidiaries, in connection with any use of the County's rights of way not authorized by the County, including but not limited to levying fines or instituting litigation for trespass and ejectment. Section 9. That the consent herein granted is an express non-waiver and reservation of the County's rights and authority against Franchisee and AT&T Comcast for any Franchise violations that may exist, including but not limited to, those in connection with any unauthorized use of Franchisee's or AT&T Com cast's facilities or facilities, by any entity in any way affiliated with a company in which Franchisee or AT&T Comcast, its affiliates, parent or subsidiary has an interest. Section 10. That the consent granted herein is subject to the Franchisee's, A T&Ts and Applicant's compliance with all other applicable legal requirements and the County does not waive and expressly reserves the right to enforce full compliance with its Ordinance and Franchise requirements, whether or not any non- compliance that may be determined arose before or after the transfer of control from AT&T to AT&T Comcast. Section 11. That this Resolution shall become effective upon the date of its adoption herein. After motion and second the vote on this resolution was as follows: Chairman Doug Coward Vice Chairman Cliff Barnes xxx xxx xxx Commissioner Paula A. Lewis ~ ....,J Commissioner Frannie Hutchinson xxx Commissioner John D. Bruhn xxx PASSED AND DULY ADOPTED this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~ ~ - - ~ AT&T Broadband ~ ~ February 25, 2002 Mr. Doug Anderson, County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34981 Re: Merger of A T& T Broadband and Comcast Corporation Request for Consent to Change of Control Dear Mr. Anderson: AT&T Corp., the parent corporation of your franchisee, and Comcast Corporation have announced their intention to combine their cable systems into a new public company, AT&T Comcast Corporation. We are writing to provide you with information regarding this transaction, and to formally request any consent that may be required by franchise or applicable law. AT&T and Comcast are excited about the merger, which we believe will have significant benefits for our customers. The transaction will create the world's leading communications, media and entertainment company. With the combined expertise and initiative of AT&T Broadband and Comcast, we hope to enhance the quality and choice of products and services available to consumers. Under the terms of the agreements governing the transaction, following an internal restructuring, AT&T Corp. will spin off its cable system assets and simultaneously merge them with Comcast, forming a new company to be called AT&T Comcast Corporation. We have attached a description of each step of the process, including "before" and "after" charts, to assist you in understanding the transaction. Subject to the internal restructuring, the transaction will not change the holder of the franchise; the franchise will continue to be held by the same legal entity after the merger is complete. However, the transaction will result in a new indirect parent company for the Franchisee - AT&T Comcast Corporation. Our records indicate that the franchise may require that we obtain your consent to this transaction. To assist you in evaluating our request, we have enclosed the following materials: · FCC FORM 394. Enclosed are three copies of the Federal Communications Commission's (FCC's) Form 394 and any additional copies required by your franchise. According to the FCC, the Form 394 is designed to provide you with the information necessary to assess the financial, legal and technical qualifications of the proposed new controlling entity. As part of that Form, we are including any specific additional information required by the franchise. Under the FCC's rules, \.....r .....J February 25, 2002 Page 2 you have a maximum of 120 days from the date you receive this information to review it and to act upon our request for consent to the merger. This timeframe may be shorter if so specified in your franchise. If you choose not to take any action within this 120 day period, under federal law your consent will be deemed granted. . CONSENT RESOLUTION. For your convenience and consideration, we have also enclosed a draft resolution that addresses your consent to the transaction. We would request that this resolution be placed on your agenda for consideration at your earliest convenience. If at any time you have any questions or concerns about the transaction or would like any additional information, please feel free to call me at 954-533-5102. You can write to me at: Susan Bisno Vice President, Franchising and Local Government Affairs 600 N. Pine Island Rd., #100 Plantation, FL 33324 Fax: 954-858-4907 If you write to me, please send a copy to: AT&T Broadband 188 Inverness Drive West, Room 6-042 Englewood, CO 80112 Fax: 303-858-3615 Thank you for your assistance in this matter. Sincerely, Attachment and Enclosu.res ~ ...,¡ ATTACHMŒNTTOLETTER Enclosed in the front pocket of the FCC Form 394 Application is a check for the application fee. By payment of this fee, Applicants do not waive their right to challenge any application fees or regulatory costs associated with future requests for consent to a franchise change of control or transfer. ~. .....,¡ CURRENT STRUCTURE Public Sharehotders AT&T Corp. " ,. AT&T Broadband of Southern Cal, Inc. AT&T Broadband LLC Media One Group, Inc. AT&T CSC, Inc. District Cablevision, Inc. Novato Cable Company South Chicago Cable, Inc. , Existing Cable Franchise Existing Cable Franchise Existing Cable Franchise Holders (direct and indirect) Holders (direct and indirect) Holders (direct and indirect) . \..f . STEP #1 ....., Restructure some internal subsidiary legal entities without affecting ultimate control of Franchisee. Contribute entities that own or control cable franchisees to a newly formed wholly owned subsidiary of AT&T Corp. AT&T Broadband LLC . Existing Cable Franchise Holders (direct and indirect) Public Shareholders AT&T Corp. Media One Group, Inc. Existing Cable Franchise Holders (direct and indirect) AT&T Broadband of Southern Cal, Inc. AT&T CSC, Inc. District Cablevision, Inc. Novato Cable Company South Chicago Cable, Inc. . Existing Cable Franchise Holders (direct and indirect) ., , ........ . ....¡ STEP #2 Spin-off AT&T Broadband Corp. to AT&T Shareholders -'." Public Shareholders AT&T Corp. A T& T Broadband Corp. AT&T Broadband of Southern Cal, Inc. A T& T Broadband LLC Media One Group, Inc. AT&T CSC, Inc. District Cablevision, Inc. . Novato Cable Company South Chicago Cable, Inc. Existing Cable Franchise Existing Cable Franchise Existing Cable Franchise Holders (direct and indirect) Holders (direct and indirect) Holders (direct and indirect) \..t """ STEP #3 Merge wholly owned Subsidiaries of AT&T Corn cast Corporation into AT&T Broadband Corp. and Corncast Corporation Public AT&T Com cast Public Shareholders Corporation Shareholders . I I AT&T Broadband Holdings, L.L.C. I AT&T AT&T Comcast 1\ Broadband Comcast Broadband \frger Acquisition Acquisition Merger Corporation Corp. Company Company V I A T& T Broadband of Southern Cal, Inc. AT&T Broadband LLC Media One Group, Inc. AT&T CSC, Inc. District Cablevision, Inc. Novato Cable Company South Chicago Cable. Inc. I Existing Cable Franchise Existing Cable Franchise Existing Cable Franchise Holders (direct and indirect) Holders (direct and indirect) Holders (direct and indirect) ~ ..¡ FINAL STRUCTURE Public Shareholders AT&T Comcast Corporation AT&T Broadband Holdings, L.L.C. AT&T Broadband Corp. Com cast Corporation . AT&T Broadband of Southern Cal, Inc. AT&T Broadband LLC Media One Group, Inc. AT&T CSC, Inc. District Cablevision, Inc. NovatoCable Company South Chicago Cable, Inc. Existing Cable Franchise Existing Cable Franchise Existing Cable Franchise Holders (direct and indirect) Holders (direct and indirect) Holders (direct and indirect) \.,..- ~ RESOLUTION NO. CONSENT TO CHANGE OF CONTROL AND INTERNAL RESTRUCTURING WHEREAS, the cable franchise holder ("Franchisee") in ("Franchise Authority") is an indirect subsidiary of AT&T Corp. ("AT&T"), and AT&T intends to merge with Comcast Corporation ("Comcast") to create a new company to be known as AT&T Comcast Corporation ("AT&T Corncast") pursuant to the terms of an Agreement and Plan of Merger dated December 19,2001 by and among AT&T Corp., AT&T Broadband Corp., Corncast Corporation and certain of their respective affiliates, and a Separation and Distribution Agreement dated December 19, 2001 by and between AT&T Corp. and AT&T Broadband Corp. (the "Merger"); and WHEREAS, prior to the Merger, pursuant to an internal corporate restructuring, the cable franchise or stock of the Franchisee, or indirect ownership of the Franchisee, may be transferred through one or more internal transfers or mergers to another direct or indirect subsidiary of AT&T, or Franchisee may elect as permitted by law to convert or reorganize its legal form to a limited liability company (together with the Merger, the "Transactions"); and WHEREAS, following the Transactions, the resulting entity will be controlled by AT&T Comcast but will continue to operate the System and continue to hold and be responsible for performance of the cable franchise; and WHEREAS, Franchisee and AT&T Comcast have requested that Franchise Authority consent to the Transactions in accordance with the requirements of the cable franchise and have filed an FCC Form 394 ("Transfer Application") with the Franchise Authority requesting such consent Transactions; and WHEREAS, the Franchise Authority has reviewed the Transfer Application, examined the legal, financial and technical qualifications of AT&T Comcast, followed all required procedures in order to consider and act upon the Transfer Application, and considered the comments of all interested parties. WHEREAS, the Franchise Authority is willing to consent to the Transactions. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The Franchise Authority hereby consents to the Transactions in accordance with the terms of the cable franchise and applicable law. SECTION 2. This Resolution shall be deemed effective upon adoption. ~. ...¡ SECTION 3. This Resolution shall have the force of a continuing agreement with Franchisee and AT&T Comcast, and Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Franchisee and AT&T Comcast. PASSED, ADOPTED AND APPROVED this ~ day of ,2002. By: Name of Community: (city, township, county) (state) ATTEST: Title: Federal Communir;:alions ~1s.SIJn Washmgton,D C.20554 ...." Approved by OMS 3060-057J FCC 394 APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE FOR FRANCHISE AUTHORITY USE ONLY DATE: February 25, 2002 I. Community Unit Identification Number: FL0299; FLlI77; FLII78; FL0229 2. Application for: o Assignment of Franchise ø Transfer of Control 3. Franchising authority: ST LUCIE COUNTY . 4. Identify community where the system/franchise that is the subject of the assignment or transfer of control is located: ST LUCIE COUNTY 5. Date system was acquired or (for system's constructed by the transferor/assignor) the date on which service N/A was provided to the first subscriber in the franchise area: 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the system to As soon as all closing conditions transferee/assignee: have been satisfied 7. Attach as an Exhibit a schedule of any and all additional information or material filed with this application that is identified in the franchise as required to be provided to the franchising authority when requesting its approval of the type of transaction that is the subject of this application Exhibit No. I PART 1- TRANSFEROR/ASSIGNOR I d' h T dd d I h b f h ~ I. n tcate t e name. mal 109 a ress, an te epnone num er 0 t e trans eror assIgnor. Legal name of Transferor/Assignor (if individual. list last name first) AT&T Corp. Assumed name used for doing business (if any) Mailing street address or P.O. Box c/o AT&T Broadband, LLC, \88 Inverness Drive West, Room 6-042 City State ZIP Code Telephone No. (include area code) Englewood CO 80\12 (303) 858-54\7 2.(a) Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or transfer of control (including any exhibits or schedules thereto necessary in order to understand the terms thereof). fthere is only an oral agreement. reduce the terms to writing and attach. (Confidential trade. business, pTlcing or marketing information, or other information not otherwise publicly available, may be redacted). Exhibit No. 2 (b) Does the contract submitted in response to (a) above embody the full and complete agreement between the transferor/asslgnor and the transferee/assignee? DYes ø No Exhibit No See Exhibit 2 FCC l'~ SiP,niPmbef 19" ~ ...J PART Il- TRANSFEREE/ASSIGNEE I.(a) Indicate the name, mailing address, and telephone number of the transferee/assignee. I Legal name of Transferee/Assignee (i!individual, listlas! name first) AT&T Comcast Corporation Assumed name used for doing business (if any) Mailing street address or P.O. Box 1500 Market Street, 2810 Floor - West Tower City Philadelphia State P A ZIP Code 19102 Telephone No. (include area code) (US) 320-8618 (b) Indicate the name, mailing address, and telephone number of person to contact, if other than transferee/assignee. Name of contact person (list last name first) Arias, Marla Firm or company name (if any) AT&T Broadband Mailing street address or P.O. Box 188 Inverness Drive West, Room 6-042 Fax Number: 303-858-3615 City Englewood State CO· I ZIP Code 80112 Telephone No. (include area code) 303-858-5417 (c) AUach a~ an Exhibit the name, mailing address, and telephone number of each additional person who should be eontactec1, If any. Exhibit No. See attachment to thiJ a e (d) Indicate the address where the system's records will be maintained. Street address 1500 Market Street City Philadelphia State PA ZIP Code 19102 2. Indicate on all attlched exhibit any plans to ç,h.an~e the Clrrel].t terms and condi¡iøns of ,crvice and operauons 01 the system as a consequence 01 the 1ransacnon tor which approva IS sougnl I Exhibit No. 3 FCC J~ (PIJe 2) Pcbnw}' 20, ::002 \, ....I ATTACHMENT TO SECTION I, Part II, Question l(b) The primary contact person is identified below based upon the State or Commonwealth in which the local franchising authority is located as identified in the following chart. StJltes Contact Name Phone FIX Number E-Mail AddreSJ Number SAN FRANClSCO BAY Kent Leacock 925-973-7026 925-973-7104 leacoelc.kenl@broadband.an.com P. O. Box 5147 AREA. San Ramon, CA 94583 CALIFORNIA SACRAMENTOI . Susan Ritchie 916-151-4905 209-474-1650 srilcbie@broadband.atLeom 3443 Deer Park Drive CENTRAL VAllEY, Stockton, CA 95219 CALIFORNIA .. SOlITHERN pcny Paries 310-647-3056 310-M7-3036 pparks@broadband.an.com 550 N. Continental Blvd., CALIFORNIA #250 EI Segundo,CA 90245 CO Margan:t Lejuste 303-603-5011 303-603-2077 lejuste.margan:l@broadband.ltLeom 8000 East Iliff Ave. Denver, CO 10231 Carol Johnson 303-603-5710 303-603-5661 johnson.carol@bmadband.an.eom 6150 S. Tucson WlY Englewood, CO 10112 CT Dan G1anviIJe 413-730-4540 413-1127-0513 dglanviUe@bmodband.ltLeom 3303 Main Street Springfield, MA 01107 FL Susan Bisno 954-533-5102 954-533-5121 sbisno@bmldband.an.eom 600 N. Pine Island Rd., # 100 Planwion, FL 33324 GA Tim Gage 770-559-2121 770-559-7623 tgage@broldband.ltlcom 2925 Courtyards Drive Nor<:ross. OA 30071 In, MT, lIT, WY Steve Proper 801-401-3250 801-401-3290 sproper@broadband.att.eom 9602 South 300 West Sandy, lIT 84070 IL,IN Bob Ryan 630-211-1206 630-288-1295 ryan.bob@broadband.ltlcom 2001 Yorl: Rd. Oak Broole, IL 60523 Michlel Scott 312-230-8206 312-977-9447 mikewscott@lga.ltLcom 222 W. Adams #1500 ChiClSo. IL 60606 BaSIOn Metro, MA Nick Leu.i 971-258-4227 978-683-7057 nleuci@broadband.atLcom 6 Campanelli Drive Andover. MA 01110 Northern Massachusetts Liz Graham 971-258-5138 978-683-7057 esraham@broadband.att.com 6 Campanelli Drive Andover, MA 0181 0 Southeastern John Maher 508-1121-5793 508-1128-2676 jmaher@broldband.atLcom 440 Myles SlaIIdish Blvd. MassachusetulCape Cod X7042 Taunton, MA 02780 Western Massachusetts Dan Glanvme 413-730-4540 413-1127-0583 dglanvillC@broadband.an.com 3303 Mlin Stree. Sprinlltield, MA 01107 ME,NH Liz Graham 971-258-5138 978-683-7057 egraham@broadband.ltlcom 6 Campanelli Drive Andover, MA 01110 F....... :0. %001 ~ .....I ATTACHMENT TO SECTION I, Part II, Question l(b) (continued) MI Leslie Brosan 517-333-6025 517-333-6044 brogan.lcslie@broadband.atLcom 3001 Coolidge Road, #300 East úmsing. MI 48823 MN.WI Dave Seykora 651-493-5280 651-493-5288 dscykora@broadbmd.alLeom 10 River Park Plaza St Paul. MN 55107 OH,PA, VA, WV Carmen Cefolo- 908-221-5615 908-221-8938 cefolo@alLcom 295 N. Maple Avenue, Room Pane 3135 C2 Basking Ridse, NJ 07920 OR, WA Debbie Luppold 425-398-6140 425-398-6232 luppold.debbie@broadband.llLcom 22025 30th Drive SE Bothel. W A 98021 TX Dick Kirby 972-830-3812 972-830-3928 dkirby@broadband.an.com 2951 Kinwesl Parkway . Irving, TX 75063 .' F......., 20. 2lllI2 '-' ....I SECTION 1. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS 1. Transferee/Assignee is: · Corporation a. Jurisdiction of incorporation: ø· ,Na¡ne and address of registered agent in Penn5)'lvanll Junsdlctlon: . b. Datc of incorporation: CO'1loration Service Company 1217/01 2704 Commerce Drive, Suite B Harrisbu~, fA 17110 c:. For profit or not-for-profit: For profit c Limited Parmership a. Jurisdiction in which formed: ~. ~ll!Tl~ and address ofrcgislered agent in Junsdlctton: b. Dale of fonnalÌon: c General Partnership a: Jurisdiction whose laws govern formation: b. Date offonnation: CI Individual CI Other. Describe in an Exhibit. Exhibi I No N/A 2. List the transferee/assignee, and, if the transferee/assignee is not a natural person, each of its OffiCCT3, directors, stockholdCT3 beneficially holding more than 5% of the outstanding voting shares, general partnCT3, and limited partners holding an equity interest of more than 5%. Use only one column for each individual or entity. Attach additional pages if necessary. (Read carefully. the lettered items below refer to corresponding lines in the following table.) (al Name, residence, occupation or principal business, and principal place of business. (If other than an individual, also show name, address and citizenship ofnatuTal person authorized to vote the voting securities of the applicant that it holds.) List the applicant first, officers, next, then dÌTectors and, thereafter, remaining stockholders and/or partners. ~5 ¡~~J:;~~mp to the transferee/assignee (e.g., officer, director, ctc.). d) Number of shan:s or nature of partnership interest. e) Number of votes. 1) Percentage of votes. . (a) AT&T Comcast Corporation See attached pages for officers, 1500 Market Street directors and stoekholden beneficially Philadelphia, PA 19102-2148 holding more than 5% of outstandinlil voting shares. (b) USA (e) Tnnsferee (d) N/A (e) N/A . (1) N/A FCC 1,. (P_ 3) F""-> 2ll, 2Dll2 \w ATTACHMENT TO SECTION I, QuestioD 2 ...." All individuals who will serve as officen and directon of Transferee as of the effective rime of the closing have not been determined as of the date hereof. The Board ofDirccton ofTransferee will consist of 12 penons, 10 of which will be drawn from the existing Boards ofDircctors of AT &:T Corp. and Com cast Corporation, whose members, other than those listcd below, are shown on the attached Appendix to this Attachment. Three of the twelve persons have already been designated. The persons designated as officers and directors of Transferee are listed below: Directors and Officers: (a) C. Michael Armstrong 32 Avenue of the Americas New Yorlc, NY 10013 (b) USA (c) Chairman of the Board (d) Less than S% (e) Less than S% (1) Less than S% (a) Brian L. Roberts 1S00 Market Street PhiJadelphia,PA 19102 (b) USA (c) Director, Pn:sidCDt, ChiefExeculÍve Officer and over S'Yo beneficial owner (d) 138,268 shares of Class A common stock 9,444,37S shares of Class B common stock 9,6S6,613 shares of Class A Special common stock (e) 141,696,789 (1) 33.3% (a) Ralph J. Roberts 1 SOO Marlcet Street Philadelphia, P A 19102 (b) USA (c) Director (d) Less than S% (e) Less than 5% (I) Less than S% Stockholders beneficially owninl! more than 5% of the outstandinl! votin!!: shares of Transferee: Thc current stockholdcrs ofTransfc:ree arc: (a) AT&T Corp. 295 North Maple Avenue Basking Ridge, NJ 07920 (b) USA (c) Stockholder (d) 1 share common stock (e) One (f) SO% (a) Comcast CorpOnl1ion ISOO Market Street Philadelphia, PA 19102 (b) USA (c) Stoclcholder (d) I share common stock (e) One (f) SO% At the closing, Brian L. Roberts will be thc only person beneficially owning more than 5% of the outstanding voting control of Transferee. '_",2QQ2 \.,t. ...." APPENDIX TO ATIACHMENT TO SECTION I, Question 2 1. Mich..1 Cook Chainnan and Chief Executive Officer, Retired DeloillC II: Touche LLP Kenneth T. DelT Chairman of the Board, Relired Chevron Corporation David W. Dorman President AT&T Co.". M KatIuyn Eickhoff President Eickhoff Economics Inc. ~rge M. C. Fisher Retired Chairman and Chief Execulive Officcr Easunan KocIak Company Amos B. Hoslcllcr, Jr. Former Chairman and Chief Executive Officer Continental Cablcvision. Inc. Decker Anslrom President and Chief Operating Officcr Landmark Communications Sheldon M. Bonovitt Chairman and ChieCExeeutive Officer Duane, Monis II: Hockscher Julian A. Brodsky Director Comeut Cable Communications, Inc. and RBB Fund, Ine. Joseph L. Castle. II Chairman and ChieCExeculive Officer and DireclOr Castle Energy Corpol'llion '''''''''11,2llD2 AT II:T Boord Memhe.. Shirley A. Jaekson President Rensselaer Polytechnic Inslitute Donald F. McHenry President IRC Group fonner U.S. Ambassador 10 Ibe United Nations Charles H. Noski Vicc Chainnan and ChierFinancial Officer AT&.TCo.". Louis A. Simpson President and CEO, Capilal Operations GEICO Corpomion Mich..1 I. Sovern President Emeritus and Chancellor Kent ProCessor oCLaw Columbia University Sanford I. Weill Chairman and ChieCExeculive Officer Citigttlup Comcast Boord Memhers Felix G. Rohatyn Fonner US Ambassador Ul France Managing Director, Retired Lazard Frèrcs and Company Chairman. Retired Municipal Assistance Corporation (MAC) oCIbe City oCNcw York Bernard C. Watson Chairman oCIbe Baird oCDircctolS, Retired Health Man"llcmcnt Allernatives Foundation Irving A. Wechsler or Counsel Wechsler, Wolsh and Auoei.tes, Certified Public AccountanlS Anne Wexler Chairman Wex1erGroup - unit ofHilI and Knowlton Public Affai.. Worldwide \.,( ...,; 3. If the applicant is a corporation or a limited :lartnership, is the transferee/assignee formed under the laws of, or duly qualified to transact busine:ïs in, the Stale or omer jurisdiction in which the system operates? If the answer is No, explain in an Exhibit. 4. Has the transferee/assignee had an)' interest in or in connection with an application which has been dismissed or denied by any franchise authonty? If the answer is Yes, descnòe circumstances in an Exhibit. S. HaS an adverse finding been made or an adverse final action been taken by any court or administrative body with respect to the transfcrcelassignee in a civil, criminal or administrative proceeding. brought under the provisions of any law or regulation related to the following: any felonYi revocation, suspension or involuntary transfer of any authorization (including cable franchise:ï) to provide vloeo programming services; mass media related antitrust or unfair competition; fraudulent statements to another govenunentaI unit; or employment discrimination? If the answer is Ye:ï, attach as an Exhibit a full description ofthejlersons and mattens) involved, including an identification of any court or administrative body and any proceeding (by dates and file numbers, If applicable). and the disposition of such proceeding. 6. Are there any documents, instruments, contracts or understandings relatin¡ to ownership or future ownership rights with respeet to any attributable interest as described in Question 2 (mcluding, but not limited to, non- voting stock interests, beneficial stock ownership interests, Options, warrants, debenture:ï)? If Yes. provide particulars in an Exhibit. 7. Do documents¡ instruments, agreements or understandings for the pledge of stock of the transferee/assignee. as security for oans or contractual p'erformance provide Ülat: (a) voting rights will remain with the apphcant, even in tlie event of default on the obligation; (ii\ ID the event of default, there will be either a "rivate or public sale of the stock; and (c)Jlrior to the exercise orany ownership rigJ:!ts by a purchaser at a sale i1escribed ID (b) any prior consent of the FCC andlor of the franchising authonty, If required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? If No. attach as an Exhibit a full explanation. SEcrION III- TRANSFEREE'S1ASSIGNEE'S fINANCIAL QUALIFICATIONS I. The transfen:elassignee certifies that it has sufficient net liquid assets on hand or available from committed resources to consummate the transaction and operate the facilities for three months. 2. Attach as an Exhibit the most recent financial statements, prepared in accordance with generally accepted accounting principles, including a balance sheet and income statement for at least one full year, for the transferee/assignee or parent entity that has been prepared in the ordinary course of business, if any such financial statements are routinely prepared. Such statements, ifnot otherwise p'ubIicly available. may be marked CONFIDENTIAL and will be malDtained as confidential by the franchise authority and its agents to the extent permissible under local law. SEcrION IV - TRANSFEREE'S1ASSIGNEE'S TECHNICAL QUALIFICATIONS Set forth in an Exhibit a narrative account of the tnnsferee'slassignee's technical qualifications, experience and exp.ertise regarding cable television sy'stems, including, but not limited to, summary information about appropriate management personnel that WIll be IDvolved ID the system's management and operations. The transferee/assignee may, but need not, list a representative sample of cable systems currently or formerly owned or operated. pee ]94 (P...oI) F......, 2'. 2llIl2 DYes I8l No Exhi~t N0'1 DYes 181 No Exhi~t N0'1 DYes I8l No Exhibit No. 6 181 Yes DNo Exhibit No. 7 DYes 181 No Exhibit No. S 181 Yes DNo Exhibit No. 9 Exhibit No. 10 ~ ,..,¡ SECTION V - CERTIFICATIONS Part I - Transferor/Assignor All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. I CERTIFY that the stat=nents in this application are true, Signature: AT&T CORP. complete and correct to the best of my 1a10wledge and beJiefand &() ¿?~ are made in good faith. By: Date February 25, 2002 WILLFUL FALSE STATEMENTS MADE ON TIllS FORM ARE . PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name RIck D. Bailey TITLE 18, SECTION 1001. Check appropriate classification: 0 Individual· D General Partner 181 Corporate Officer 0 Other, Explain: ~diCak Title) Vlee Pres dent Part IT - Transferee:! Assignee All the stat=nents made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and arc incorporated herein as if set out in full in the application. The transfereclassignee certifies that hclshe: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and rclatcd regulations. (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes. as promptly as practicable, in the operation of the system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. I CERTIFY that the statements in this application are true, Signature: AT&T Comcast Corporation complete and correct to the best of my 1a10wledge and belief and ~- ~~~ arc made in good faith. By: Date February 25, 2002 WILLFUL FALSE STATEMENTS MADE ON TIllS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, TInE 18, SECTION 1001. Print full name Brian L Roberts Check appropriate classification: D Individual 0 General Partner 181 Corporate Officer D Other, Explain: ~ndicate TiUe) resident and CblefExecutlve Officer FCC'94 (p... :¡ ,_ 25. %"'. '-' ....J BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR Ms. Susan Bisno Vice President Franchising & Local Government Affairs AT&T Broadband 600 N. Pine Island Road Suite 100 -Plantation, FL 3324 RE: St. Lucie County, Florida; AT&T/Comcast Cable Television Franchise Transfer ~ Dear Ms. Bisno: The County staff has now had the opportunity to study your letter to St. Lucie County dated Febtuary 27, 2002 and received by this office March 8,2002 as well as the FCC Form 394 attached thereto with respect to the proposed transaction between AT&T Broadband and Comcast. Your letter states that as a result of the proposed transfer, the legal entity which currently holds the franchise for St. Lucie County will not change. The transfer will, however, result in a new parent company for that entity and thus, for the County's cable television franchise. Pursuant to Ordinance No. 98-09 of St. Lucie County and the TCl Franchise Agreement, no such change of control may occur without prior approval of the Board of County Commissioners. Any violation of this provision may make the franchisee subject to actions including, but not limited to, the reversion of the Security Fund to the County; liquidated damages, possible Franchise revocation proceedings, and additional remedies available at law or equity. Thus, the proposed change of control of the franchise from AT&T Broadband to AT&T IComcast JOHN D. ORUHN. Di,"icr N=>. 1 . DOUG COWARD. Dimi" No.2' PAULA A. LE'/-",s Di"'i" No.:l . FRASSiE HUTCHINSON. Di>rlicr No.4' CLIFF OARs3. [)~;:-'::; N=>. 5 rnlll'"lr.... t..:lmii.:!:,,:,::r.:;:¡· Douglas M. Ander~Îi ____ .,,.., ~ .I"'\n ~ ...J Ms. Susan Bisno page 2 March 27, 2002 is prohibited without the prior consent of St. Lucie County. Such consent shall not be granted or denied until the County has been provided with a complete and accurate FCC Form 394 and all information required by the Cable Ordinance No. 98-09 and the TCI franchise agreement. Having reviewed the' FCC Form 394 submitted to the County, Cable Television Ordinance No. 98-09 of St. Lucie County, relevant provisions of the Franchise I:'greement between TCI and the County and applicable law, it appears to the County that (a) the FCC Form 394 is neither complete nor accurate; and, (b) pursuant to the terms of the franchise, the County hereby requires AT&T Broadband/Comcast to submit to the County information discussed below. ~ " FCC Form 394 Section T. Part II l(d)' Indicate the Address Where the System's Records will be Maintained. The..FCC 394 states that records will be maintained in Philadelphia, Pennsylvania. This"is in conflict with the Ordinance and Franchise Agreement pursuant to which the Franchisee is obligated to make a complete set of books and records available to the County in St. Lucie County. See Sec. 4.4-17(c), Ordinance No. 98-09. Section V. Part II c . Trans eree/ Assi nee will use its best e arts to com I with the terms of the franchise and aoplicable state laws or local ordinances and related regulations. and to effect changes. as promotly as practicable. in the o eration 0 the s stem i an chan es are neceSsar to cure an violations thereof or defaults thereunder presently in effect or ongoino. The above statement indicates the transferee's commitment to comply with the terms of the franchise within the County and to make any changes necessary to cure any violations. However, Exhibit 3 of the FCC Form 394 states in relevant part "Transferee has no current plans to change the terms and conditions for the service and operations of the cable system..." As of the date hereof, the franchisee is not in compliance with all terms and c~:mditions of the franchise. Thus, changes in the service and operation of the system ar.e required for the franchisee to cure the pending violation and to be deemed in \...t ....., Ms. Susan Bisno Page 3 March 27,2002 compliance. Accordingly, the applicant's statement in Section V, Part II(c) is only accurate if applicant agrees to revise Exhibit C to agree to those changes which will be implemented to cure pending violations and guarantee compliance with the franchise. Pending matters with respect to franchisee's compliance with the franchise include but are not necessarily limited to those discussed below: 1. Provision of service to County facilities. 2. Provision of a second accesS channel to the County. 3. Failure to submit to the C?unty for approval written procedures for the investigation and resolution of all subscriber or County resident complaints. . 4. Interco!1nection with other cable operators in the County. 5. Execution of an agreement with respect to the INET and matters related thereto. Franchise Agreement In addition to a completed FCC 394, the 120 day transfer automatic approval period does not commence until the cable operator has submitted to the County all information required by the franchise. The TCI cable Television Franchise with St. Lucie County is governed by Cable Ordinance No. 98-09 of St. Lucie· County and the current TCI cable television franchise (adopted pursuant to Resolution No. 7235). Pursuant to the ordinance and the franchise, the County hereby requires submission to the County of the following information: '-' ...., Ms. Susan Bisno Peoe 4 .-' March 27, 2002 1. Information with respect to the impact of the transfer on subscriber rates and service including, but not limited to customer service. 2. Franchisee's plan to come into compliance with all franchise obligations including, but not limited t~ pending violations with respect to customer service, provision of service and facilities, and an INET. _ 3. Reports and records described in Sec. 1-5.5-30 (A)(1)(2)(3)(4)(5)(9) (1O)(11)(12),B(5) of Ordinance No. 98-09. 4. A statement in a form agreed upon by the County, that transferee will accept all terms and conditions of thè ordinance and franchise. 5. A statement, in a form agreed upon by the County, that transferee will assume all obligations and liäbilities of the previous franchisee (transferor) whether known or unknown or the date hereto and whether arising before or after the date of the transfer. " The above request is not intended as necessarily a final and complete request for information. The County hereby reserves its right to request such additional information as may be required to reach a determination as to whether the proposed change of control or ownership is in the public interest. Furthermore, nothing contained herein or omitted from this correspondence shall constitute a waiver of any rights or remedies of the County with respect to enforcement of any terms and conditions of the Franchise Agreement or Ordinance No. 98-09 of St. Lucie County, Florida or any other agreements or obligations to which Franchisee may be subject. This correspondence is not intended to be all inclusive with respect to the Franchisee's compliance with all terms and conditions of the Franchise Agreement and Ordinance. In addition to the information required pursuant to Cable Television Ordinance 98.-09 and the Franchise Agreement, the County hereby requires the proposed _ tr.ansferee to execute an affidavit indicating the proposed transferee's acceptance '-' 'WI Ms. Susan Bisno Page 5 March 27, 2002 of (a) the terms and conditions of the existing ordinance and franchise, (b) all obligations and liabilities arising with respect to compliance with such ordinance and franchise whether known or unknown, and whether arising before or after the date hereof: (c) agreement to comply with all of the provisions of a plan to come into compliance with all terms and conditions of the ordinance and franchise; and (d) agreement to reimburse th~' County for all costs and fees incurred by the County in connection with or related to the transfer process. As you are aware, Federal law requires local franchising authorities to approve or ~eny a franchise request within one hundred twenty (120) days of receipt by the franchising authority of (a) a completed FCC Form 394, and (b) that information which is required by the franchise. .- As of this date, AT&T Broadb.émd has neither submitted a completed and accurate FCC 394 nor that information required by thè franchise. Accordingly, the one hundred twenty. (120) day automatic approval period has not yet begun. PLEASE BE ADVISED that in order for the Board of County Commissioners to consider an agenda item, all prerequisites to the item (including the submission of documents and payments due) must be sUbmitted ten (10) business days prior to a scheduled Board meeting. DSM/ caf Copy to: County Attorney Assistant to the County Administrator I. Feld, Esq., Leibowitz & Associates, P.A. AT&T Broadband, 188 InvernesS Drive West, Room 6-042, Englewood, CO 80112 '-' ....., - - AT&T Broadband -- Florida Market 600 N. Pine Island Road Suite 100 Plantation, Florida 33324 April 11, 2002 VIA TELEF ACSIMILE AND FEDERAL EXPRESS tOll Jrv i J~ q.J~1 ~I. ~,~~ Mr. Douglas M. Anderson County Administrator 81. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-1648 Re: AT&T Broadband / Com cast Merger ("Transaction") Dear Mr. _;\nderson: I am in receipt of your letter dated March 27, 2002, which I received by mail on April 1, 2002, in which you assert that AT&T Corp.'s ("AT&T") and AT&T Comcast Corporation's ("AT&T Comcast") FCC Form 394 ("Application") is neither complete nor accurate. We disagree ",ith that position as set forth herein. First, please allow me to clarify that the franchise is not being transferred to AT&T Comcast as a result of the Transaction. The franchise will continue to be held by TCl of Northern New Jersey, Inc. ("Franchisee") following the close of the Transaction. AT&T Comcast is only seeking to become the ultimate parent company of Franchisee. Since Franchisee is not changing, we believe that all of the compliance issues raised in your letter are not within the County's appropriate scope of review related to the Application. The issue does not pertain to the merger or the qualifications of the proposed new controlling entity, AT&T Comcast. Additionally, because this is a change of control versus a transfer, any alleged non- compliance issues are not extinguished and the County will have all rights to continue investigation of any compliance matters following the close of the merger under the terms set forth in the franchise. Also, please note that federal law limits the scope of review and information the County may require as part of the change of control approval process.1 Beyond the information required by the Application, franchise or applicable local law, a local franchising authority 1 See. e.g.. Charter Communications. Inc. v. Count\' of Santa C!l!b 133 F.Supp.2d 1184, 1201 (N.D.Cal. 2001) (Feder'ù law imposes "certain outer limits on the LFAs' power to request information over and above that required by Form 394"). @ ReC)Cfc: °seer ~ Page 2 of5 Mr. Douglas M. Anderson / St. Lucie County April 11, 2002 ""'" ("LF A") may only request "such additional information as may be reasonably necessary to determine the qualifications of the proposed transferee."2 A federal court has recently confirmed that a cable operator need not answer any requests for information that are outside this scope or are otherwise unreasonable, and such refusal may not be used as a basis for denying LFA consent to the FCC Form 394 Application.3 However, in an effort to be responsive to the County's inquiry, we have endeavored to provide as much information as reasonably possible without undergoing an undue burden. By responding, the Companies do not waive any arguments regarding the relevance of such information or the County's authority to make such requests. FCC Form 394 The County alleges that the statement set forth in Section I, Part n l(d) of the Application, that the System records will be maintained in Philadelphia, Pennsylvania, is in conflict with the Ordinance and Franchise Agreement pursuant to which the Franchisee is obligated to make a complete set of books and records available to the County in St. Lucie County. See Sec. 4.4-17 (c), Ordinance No. 98-09. . As described above, the merger is a parent company transaction that will not have any effect on the obligations of the Franchisee under the current franchise. After the merger, Franchisee will remain obligated to comply with the terms and conditions of the franchise and applicable ordinances in the same manner and to the same extent as before the merger. Thus, all books and records required by the franchise to be available to the County in 81. Lucie County will continue to be made available by the Franchisee in St. Lucie County. Duplicate records for the system will be maintained at the corporate headquarters in Philadelphia as needed or required. The County believes that the statement made in Exhibit 3 of the Application needs to be revised to "agree to those changes which will be implemented to cure pending violations and guarantee compliance with the franchise." AT&T Comcast's response in Exhibit 3 of the Application is responsive to the question in Part II 2 of the Application, which asks: 2 Implementation of Sections 11 and 13 of thc Cable Television and Comvetition Act of 1992. Report and Order, 8 F.C.C.R. 6828, ~ 86 (1993). See also id. at ~ 85; See Implementation of Sections 11 and 13 of the Cable Television Consumer Protection and Competition Act of 1992, Memorandum Opinion and Order on Reconsideration, 10 F.C.C.R 4654, 4676, ~,; 50-53 (1995). 3 See. e.g., Charter CommUIÚcations. Inc. Y. County of Santa Cruz. 133 F.Supp.2d at 1208 ("an operator may spurn an unreasonable request" for information; "if an LF A imposes wlfeasonable information demands, it may not then deny the application on the ground that the applicant refused to answer them"). '-' Page 3 of5 Mr. Douglas M. Anderson / St. Lucie County April 11, 2002 ....." Indicate on an attached exhibit any plans to change the current terms and conditions of service and operations of the system as a consequence of the transaction for which approval is sought. AT&T Comcast's response is correct in that it has no current plans to change the terms and conditions for the service and operation of the cable system as a consequence of the Transaction. As noted earlier, your request for certain cure plans related to allegations of non-compliance with the franchise by Franchisee are unrelated to the Application. The issues do not pertain to the merger or the qualifications of the proposed new controlling entity, AT&T Comcast. Franchisee will remain in place, will continue to own the cable system and will be fully bound by all existing lawful franchise agreement obligations following the Transaction in the same manner and to the same extent as prior to the Transaction. Notwithstanding the foregoing, we recognize that the County has certain rights with respect to compliance matters under the franchise which are separate from our Application, and we are prepared to cooperate and participate with the County and/or its consultants on this subject as well. Someone will soon contact you in order to discuss these alleged violations of noncompliance. Franchise A2reement The County alleges that the following information is required by the franchise and/or ordinance to consider the Application: 1. Information with respect to the impact of the transfer on subscriber rates and services including, but not limited to customer service. No changes in the operation of the cable system are being proposed at this time as a result of the Transaction. Regulated rates will continue to be set in conformance with FCC regulations that are generally designed to cover inflation, programming costs and other costs related to system operations. Other rates will continue to be established based on various market and operational factors. Additionally, the Franchisee will continue to comply with all lawful customer service standards set forth in the Franchise Agreement and Ordinance No. 98- 09. 2. Franchisee's plan to cure any and aU issues of non-compliance. Please see our response above to the County's question about Exhibit 3 of the Application. \.,. Page 4 of 5 Mr. Douglas M. Anderson / S1. Lucie County Aprilll,2002 'wII 3. Reports and records described in Sec. 1-5.5-30(A)(1)(2)(3)(4)(5)(9)(lO) (1l)(12),B(5) of Ordinance No. 98-09. We have reviewed Section 1-5.5-30 of Ordinance No. 98-09, and have determined that there is no requirement as part of the Application that Franchisee provide to the County the items listed therein in order for the Application to be complete. The information requested in subsection (A) only requires reports and records to be provided "within six (6) months of the close of its fiscal year [and] a Franchisee shall provide the County upon request with an annual report that includes the following information...." Thus, Franchisee will consider your letter as such a written request and will provide the required information in accordance with Section 1-5.5-30(A) of Ordinance 98-09 of St. Lucie County. Additionally, with respect to subsection B.5 of Section 1-5.5-30, we know of no such documents that are responsive. Thus, since the items listed in Section 1-5.50-30(A) and (B)5. of Ordinance 98-09 are not required to be provided at the time of a request of consent of change of control or are not in our possessions, nothing further needs to be provided to the County in order for the FCC Form 394 to be complete. 4. A statement in the form agreed upon by the County, that the transferee will accept all terms and conditions of the ordinance and franchise. As noted earlier in this letter, the merger is a parent company transaction which will not have any affect on the obligations of Franchisee under the current franchise. After the merger Franchisee will remain obligated to comply with the terms and conditions of the franchise and ordinance in the same manner and to the same extent as before the Transaction. Since Franchisee will remain obligated to the lawful terms and conditions of the franchise and ordinance, AT&T Comcast is not required to make such a statement, nor does it intend to do so. 5. A statement in the form agreed upon by the County, that the transferee will assume all obligations and liabilities of the previous franchisee (transferee) whether known or unknown on the date hereof and whether arising before or after the date ofthe transfer. Please see our response to item 4 above. Additionally, we reiterate our statement that because the Transaction results in a change of control of the Franchisee versus a transfer, any alleged non-compliance issues are not extinguished and the County will have all rights to continue investigation of any compliance matters following the close of the merger under the terms set forth in the franchise. Finally, I must respond to your assertion that our Application was in any way incomplete and that, as a result, the statutory 120-day deadline for the County's review of the Application has not begun. While FCC rules permit LF As to request additional information (subject to limitations), the failure to provide such information does not render the '-' Page 5 of5 Mr. Douglas M. Anderson / St. Lucie County April 11, 2002 -.,J Application incomplete.4 To the contrary, the FCC rules prohibit LFAs from rendering a filed Application incomplete for failure to include information subsequently requested by the LFA5 We also note that, in adopting FCC Form 394, the FCC found that the form provided the information necessary to establish the legal, technical and financial qualifications ofthe proposed transferee.6 Thus, for the reasons set forth above, the absence of the information referenced in your March 27 letter does not affect the sufficiency or completeness of the Application and will not toll the statutory 120-day review period. The Application, as filed with the County on March 8, 2002, contained all information required by the FCC Form 394 and the franchise, and therefore the 120-day deadline was properly commenced as of March 8, 2002. Further, under the FCC rules, even if the Application had not been complete as filed, which we dispute, such incompleteness would not be grounds for tolling the 120-day review period. Although FCC rules permit LF As to challenge the completeness of the Application within thirty (30) days of filing, the 120-day deadline is only tolled if the applicant fails to cure any such incompleteness within ten (10) days of their receipt of such challenge.7 Within this IO-day time frame, the companies have now replied to your letter and clearly demonstrated how and why the Application was complete as filed. Accordingly, FCC rules prohibit any tolling of the 120-day deadline based on this Application as filed. IfI can provide you with further information or you would like to discuss this further, please give me a call at 954-533-5102. We look forward to working cooperatively with the County during the merger approval process. Very truly yours, ~ó Susan Bisno AT &T Broadband Vice President of Government Affairs 4 See Implementation of Sections I I and 13 of the Cable Television and Competition Act of 1992, Report and Order, 8 F.C.C.R. 6828, ~~ 85-86 (1993) ("1993 FCC Order"); Implementation of Sections 11 and 13 of the Cable Television Consumer Protection and Competition Act of 1992, Memorandum Opinion and Order on Reconsideration, 10 F.C.C.R. 4654, 4676, ~ 50-53 (1995) ("1995 FCC Order"). See 1995 FCC Order at ~ 50 (rejecting a request by NATOA that an FCC Form 394 Application not be deemed complete until information subsequently requested by the LF A is provided). 6 See id. at ~ 52 ("we created FCC Form 394 with the expectation that the information required by the form would establish the legal, tecluúcaI and financial qualifications of the proposed transferee or assignee.") See 47 C.F.R. § 76.502(b). See also Charter Commwúcations. Inc. v. County of Santa Cruz. 133 F.Supp.2d 1184, 1207 (N.D.Ca!. 2001). 04-22-2002 04:26pm ~'LEIBOWITZ & ASSOC, +3055309417 H~P.001/004 HOB LEIBOWITZ & ASSOCIATES, EA. ..>O$I!:PM .. B¡~15~E; ILA L. FELD MATTH~ \... l..':::IBOWtTZ SUIT~ 14~O 9UNTJiitUST INT-==Rf'¡IATIONAL CENTEFt Of'llE 50UTH~ASiT THIAO AVENUE MIAMI, F't.ORIOA :P..ilI~'·'715 TI!:~I!:PHONE (3051530-1322 TELI!:COPIE:A (305) 530'!il0417 E-..AII. Firm@bfoadlaw.eom April 22, 2002 VIA V.S. CERTIFIED MAll RETURN RECEIPT REQUESTED Ms. Susan Bisno Vice President Franchising and Local Government Affairs AT&T Broadband 600 N. Pine Island Road Suite 100 Plamation, FL 33324 RE: St. Lucie County, Florida AT&T/Comca<;t Cable Television Franchi!'e Transfer Dear Ms. Bisno: On behalf of St. Lucie County, thís is to acknowledge rect!ipt of your letter to Douglas M. Anderson, dated Aprilll, 2002. Please be advised that we are not in agreement with respect to numeroUS issues raised in your letter including, but not limited to those discussed below. I. Definition of Transaction. Your letter states that in your opinion, franchise compliance issues are nOt relevant to the pending application because the transaction at issue is "a change of control versus a transfer." Ordinance No. 98-09 of St. Lucie County at Section 1-5.5- 10(K) defines Control as "possession of me ability to direct or cause the direction of the management or policies of a Franchisee Or Applicant, or the operation of a Franchisee's system, whether through actual operational control in whatever manner, exercising ownership of voting securities, by contract or understanding, or in any other manner." Thus, we ate in agreement that the merger of AT&T andComcast will reSl,11t in a change of control of the cable franchise for St. Lucie County. However, Section 1-5.5-10(KK) of the Ordinance defines Transfer as "any transaction in which (1) an ownership or other interest in a Franchise or its cable system is transferred from one ø person or group of persons to another person or group of person so that control of the Franchisee '!f>" is transferred;...) Thus, the change of control which will result from the merger clearly comes withín ~ Û "..Y' ~ ~. 0 .f;;;:yß~ ía~\ (j·,Calll;>J~,^ r"'T ~CO\'n!:~t t.\IC.e\L.u.\BiAll.l"'TRMl.·Ç' Ø42:,....Ø(I 04-22-2002 04:27PII ~LEIBOWITZ & ASSOC, +3055309417 T-'~ P.002/004 HOS Letter to Ms. Susan Bìsno April 22,2002 Page :2 the definition of Transfer pursuant to the Ordinance. Accordingly, all provisions of the Ordinance and the Franchise relevant to Transfers are applicable to the subject transaction. 2. Federal ¡"aw. Contrary to the implication in Paragraph 3 of your letter, St. Lucie County has not .requested any information with respect to the pending transaction prohibited by federal law. With respect 10 your citation to Charter Communication, Inc. v County of Santa Cruz, please be reminded that the case was decided by the 9th Circuit Court of Appeals and is not binding in the State of Florida. 3. FCC Form 394: Availability of Records. The County will accept your commitment to maintain a set of records in St. Lucie County. However, please be advised that your statement with respect to compliance" ...in the same manner and the same extent as before the merger" is not acceptable. To the extent, the Franchisee is not in compliance with the Franchise before the merger such non-compliance represents a violation of the Ordinance and the Franchise. PùrSuant to Section 1"5.5" 15(D) of the Ordinance such non-compliance must be cured Or a plan to cure must be submined to and approved by the County prior IO a grant of approval to a request for Transfer. 4. FCC Form 394: Exhibit 3. As discussed above, your statement that .....cure plans related to allegations of non-compliance with the franchise by Franchisee are unrelated to the Application." is contrary to the Ordinance and therefore incoITect.( See Ordinance Section 1-5.5-15 (D)). 5. Franchise Al!reement: Issue # I: You state" Franchisee will continue to comply with all lawful customer service standards sel forth in the Franchise Agreement and Ordinance No. 98- 09." As an initial matter please be advised that it is the County's position that all customer standards provided for in the Ordinance are lawful. The County has previously notified you that Franchisee has nor been in compliance and is not currently in compliance with all terms and conditions of the Franchise including but not limited to customer service standards as set forth in the Franchise and Ordinance. 111US, changes are required. 6. above. Franchise Agreement: Issue #2. See Ordinance Section 1-S.S-15(D) as discussed 7. Franchise Agreement: Issue #3. II is the County's understanding that the fiscal year for AT&T Broadband ends December 31. Accordingly all repons are required no laler than hme 31, 2002. 8. Franchise Agreement: Issue #4. The statement to which you object is required pursuant to Ordinance Section 1-5.5-15(E). Lì \Cü¡11!\1002\A Tlt:T~L~t u..:ir\l.u.t\Bi"no- TfaIIIfCf.~~ wpd LXUIOWIT:;!; & AsSOCLA.Tl!:S, P.A. !õu,'I'G: 1450, ONIt sOu'l'H~AST THIRO AVG:NUI:. MIA,MI. F"LOA'ÞA, 33131-1715' TG:LE:PHOHE (305) S30·13eZ 04-22-2002 04:27pm ~LEIBOWITZ & ASSOC, +3055309417 T-~ P.003/004 F-90a Letter to Ms. Susan Bìsno April 22, 2002 Page 3 9. Franchise Agreement: Issue #5. Please refer to Sections 1-5.5-15 (E) and the Franclùse Agreement. 10. 120-Dav Approval Period. In your letter you state: "While FCC rules permit local franchising authorities to request additional information (subject to limitations), the failure to provide such information does nor render the Application incomplete. To the contrary, the FCC rules prohibit local franchising authorities from rendering a filed Application incomplete for failure TO include information subsequently requested by a local franchising authority. We also note that, in adopting FCC Form 394. the FCC found that the form provided the information necessary to establish the legal, technical and financial qualifications of the proposed transferee. Thus, for rhe reasons set forth above, the absence of information referenced in your April 2 letter does not affect the sufficiency or completeness of the Application and will not toll the stamtory 120-day review period." A thorough and complete review of the FCC Report and Order and Memorandum Opinion and Order on Reconsideration cited in your leuer and upon which you apparently relied to reach your conclusion shows that you have misinterpreted the law. Tn the Matter ofIJIlolementation of Sections 11 and 13 of the Cable Television and Competition Act of 1992.. Memorandum Opinion and Order on Reconsideration. lO FCC R 4654,~50 specifically and unambiguously states: "Our implementing rules provide for commencement of the l20-day period when the cable operator has submitted a completed FCC Form 394 and any additional information required by me termS of the franchise agreement or applicable state or local] aW. We concluded in the First RepOrt and Order that local franchise authorities are permitted to request additional information they deem reasonably necessary to determine the qualifications of the proposed assignee or transferee, but that requests for information not explicitly required by the franchise agreement or local law will not toll the statutory 120-day limitation unless the franchise authority and the cable operator agree to an extension of time." Thus, as a matter of law, the 120-day automatic approval period will commence only upon receipt by the County ofa completed FCC Form 394 and that information required by the franchise agreement. Moreover, the IO-day grace period within which the applicant may cure any deficiency is only applicable where the applicant does, in fact, cure the deficiency. A response such as in your letter of Aprilll, 2002, does not substantively cure the deficiency. Ci 'Ctnle\:!OO1\A'Tdc.T-c..)"~ll.uå,,\Lltl\l:lil!\OooT~cr.04nWfld ÜZI:BOWIT:l & AsSOCIATES. P.A. SUITE 1450, ONE &OUTHI<AST THIRg A'II~NUE. MIAMI, I'LORlgA 33131-1715· TELEPHONE (305) :530-1322 04-22-2002 04:27pm ~EIBOWITZ & ASSOC, +3055309417 T- ...,¡ p. 004/004 HOe Lener to Ms. Susan Bisno April 22, 2002 Pa~e 4 As of this date, it is the COWlty' s position that AT&T has neither submitted a complete and accurate FCC 394 nor that information required by the franchise. Accordingly, the one hlUldred Twenty (120) day automatic approval period has not yet begun. Furthermore, please be advised that as of this time it is the intem of the County staff to place the matter of the pending transfer application on the agenda of the Board of County Commissioners meeting scheduled for June 4, 2002'10 request the Board take action TO either grant or deny the application. We look forward to discussing this matter with Ms Filipiak at the County on April 24, 2002. Please do not hesitate to contact me to discuss this matter. Sincerely, J.fA ~ ct CÞ1 Ila 1. Feld cc: Daniel S. McIntyre, Esq. Ms. Ellen Filipiak 4, ..cJblt\loo2\ATIi:'ToCClft'IOIW\S1 Lucio\Llr.\Bi.ø- Tt..\llfc:r.D4n wpd LEIBOWITZ & ASSOCU.'I'E$, P.A. SUITE 1450. ONE SOUTHEAST THIRD AVENUE, MIAMI. "LORID... 33131-1715. TEL.EPHONE 13(6) 6S0-IS!!l! ~ .~ T~6A July 15, 2002 Ms. lIa reld LeibowÎtz & Associates. P.A. Suite 145[) SunTrust Internatiomll Center One SOlllhe¡\st Third Avenue \]Iarni, 1'1. 3313] I~l' Mergl'f between AT&T Broadband and Comcasl lOl'puracioll Fnrlll 394 Application - 51. Lucie County Ol:<\r Ms. Fcld: As you aTe aware, Tel of Northern New Jersey, Inc. ("Franchisee") marketing services as AT&T Broadband. has Franchise Agreements with St. Lucie County. AT&T Broadband is seeking the consent of the County to the change of control of the Franchisee from AT&T Corp. to ATI COIl1C<\st. This item is 011 the County's agenda for July 16. While we do nor believe that the issue of the franchise fee 'ludit is material to the County's approval of the change of control. we ¡Ire making this commirmenl in'ln effort to move (he resolution or the issue forward and to continue to foster a positive relationship with the County. hanchisel.': acknowledges that (he County has received an uurJil repm( from its independent auditor relating III the franchise fee payments made by Franchisee to the COllllty for llle eight months ending December 31, !lJl)i-:: all of 1999: all of 2000 and the nine months ending September 30.21XJI (the "Audit Period") all::ging ,in underpayment of such franchise fees. Franchisee and the County have agreed to settle the alleged underpayment of franchise fees for the Audit Period for the sum of Twenty Thousand ($20,000) franchisee agrees that such payment shall be made to the County within thirty (30) days after the County ¡ÎHally ~lpproves the change of control of the Franchisee. The County ab'Tces by ex.ecution of this letter that Franchisee has settled all issues of non-compliance relmed to the frum:hise fee payments it is required to make to the County for the Audit Period Sincerely, SUSiUl Bisno Vice President Local Governmcnt Affairs Agreed to and Accepted by the SL Lucie Coumy this d,-I)' of Ju]y. 2002 By: Title: Cc: Mat( Leibowitz, Attorney '-' ...., RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING THE CHANGE OF CONTROL OF TCI OF NORTHERN NEW JERSEY, INC., TO AT&T COMCAST. WHEREAS , TCI of Northern New Jersey, Inc., ("Franchisee"), a subsidiary of AT&T Broadband, LLC ,is duly authorized to operatc and maintain a cable system in SI. Lucie County, Florida ("County") pursuant to a franchise (the "Franchise") granted by the COLlnty; and WHEREAS , pursuant to the Separation and Distribution Agreemenl between AT&T Corp. C'AT&T") and AT&T Broadband Corp. and the Agreement and Plan of Merger belween AT&T and Comcast Corporation, a newly formed entity, AT&T Comcasl Corporation ("AT&T Comcast"), will assume ultimale parent company ownership and control of the Franchisee (the "Transaction"); and WHEREAS, on or about March 8. 2002, the County rcccivcd an FCC 394 and an Application for County consent by the Board of County Commissioners to the propnsed change of control of the Franchisee; and WHEREAS . pursuant to Ordinance No. 98-09 of the County ("Ordinance") and the franchise issued under Resolution 98-68 (the "Franchise Agreement"). no such change of control may occur without prior approval of thc Board of County Commissioners of SI. Lucie County. Florida; and WHEREAS , the County has requircd that the Franchisee fulfill its obligatioos. pursuant to the Ordinance and Franchise Agreemcnt, and provide information on the proposed transaction including details on thc lcgal. financial, technical and other '-' ..." qualifications of AT&T Comcast and on the potential Impact of the transfer on scrvice; and WHEREAS, under FCC Rules. 47 C.F.R. Section 76.502. the County has 120 d"ys pillS any extensions thereto from the date of submission 01" completed FCC Form 394. tog'.:th¡;:r \vith all exhibIts, anu any adùill()n~ll informatiun r~qulr~ù by the Franchisl.: i\greemel1t or applicable state or local la\\/, to Jet upon <111 application to sell, assign, or otherwise transfer controlling ownership of a cable system; and WHEREAS . Franchisee has represented to the County that it has taken all actions Hnd implemented all practices necessary to insure that Franchisee is in compliance with all applicable provisions of the Ordinance and Franchise Agreement; and WHEREAS , the County has required written acceptance from Franchisee and wntten acceptance by AT&T Comcast of the tcrms and conditIOns of this Rcsolution as a condition precedent to adoption of this Resolution (attached hereto as Exhibit A); and WHEREAS, in the event the Transaction is not consummated by March 31,2003 or does not reach final closure for any reason, or in the event such closure is reached on terms substantially or matcrially different to the tcrms describcd in tbc FCC Form 394 and c:xhiblts thereto, the approval granted in Lhis Resolutitm shall be null and void unless otherwise extended by agreement of the parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section The foregoing recitals are approved and incorporated herein by reference. ~ ......, Section 2. To the extent required, the County hereby consents to the change in ultimate control of the Franchisee. Section 3. That the consent granted herein does not constitute and should not be construed to constitute a waiver or release of any obligations of the Franchisee under the applicable terms of the CUITent Ordinance and Franchise Agreement. Section 4. That the consent granted herein does not and should not be construed to constitutc a waiver of any right of tile County or Franchisee under applicable law. including but not limited to, the applicable provisions of the Ordinance or the Franchise Agreement; and fUlther, this consent shall not prejudice the County's rights with respect to the enforcement, renewal or transler 01 the Franchise Agreement. whether tile Ilon-compliam.:¡,;: arQst: before or after the Trall~acti()n Section 5. That the consent granted is conditioned upon execution and delivery of, within twenty (20) days of enactment of this Resolution, the (a) Acknowledgment attached hereto as Exhibit A; (b) Franchisee's assurances as set forth in Exhibit B attached hereto; (c) the letter agreement referencing payment to the County attached hereto as Exhibit C; and (d) the Performance Guaranty Agreement in the form attached as Exhibit D. Section 6. That this Resolution shall have the force and effect 01 continuing the Franchise Agreement between the Franchisee and the County (as the Franchise Authority), to the extent consistent with the applicable provisions of the Ordinance, the cranchise Agreement and Exhibits A. B, C and D attached hereto. Section 7. That the County hereby reserves all of its rights pursuant to cedera!. State and including but not limited to. (a) the I'ight to consider violations of the '-" ....." Fnmchise by the Franchisee. either prior to or subsequent to the Transaction; (b) the Iral1\:hise transler process. including but not limited to, the right to act upon any application to sell, assign or otherwise transfer any interest in the Franchisee or the cable system; and (c) the enforcement of the applicable terms of the cun'ent Ordinance and the Franchise Agreement Section 8. That the consent herein granted expressly does not waive and expressly reserves to the County its rights to fully exercise all applicable legal rights and '-lulhurily with regard lo Franchisee in I.;ünnection with any llse of the County's rights-of- way not authorized by the County. including but not limited to, levying fines or instituting litigation for trespass and ejectment. Section 9. That the consent herein granted is an express non-waiver and reservation of the County's rights and authority against Franchisee for any Franchise violations that may exist. including but not limited to. those in connection with any unauthorized use of Franchisee's facilities. by any entity in any way affiliated with Franchisee. its affiliates, parent or subsidiary. Section 10. That the consent granted herein is snbject to AT&T Comcast obtaining all required federal and state approvals. licenses, and permits required with respect to the Transaction. Section II. This Ordinance shall become elfective upon the date of its adoption herein. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] '-' .""""'" DULY PASSED AND ADOPTED THIS _ DAY OF JULY. 2002. ATTEST: BOARD OF COU:--ITY COMMISSIONERS ST LUCIE COCNTY, FLORJOA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM COUNTY ATTORNEY '--' ......, EXHIBIT A UNCONDITIONAL ACCEPTANCE OF TERMS OF RESOLUTION NO. BEFORE ME, appeared the undersigned authority who being duly sworn upon his oath deposes and states that· I. Affiants are, respectively. the Senior Vice President of AT&T Broadband, LLC ("AT&T Broadband") and the person authorized to execute this document on behalf of TCI of Nllrtl1{']']l Ne\\ Jersey, fnc., (the "Franchisee") :lnd the of AT&T Comcast Corporation ("AT&T Comcast"), and the person authorized to c,ccute this document on behalf of AT&T Comcast. for the Change of Control of the Franchisee, as set forth on the FCC Form 394 received by St. Lucie County, Florida (the "County"), on or ahout March R. 2002 (the "Change of Control"). 2 Alliants are submitting this Affidavit as a condition precedent to the approval of the Application for Change of Control of the Franchiscc from AT&T Corp. to AT&T Comcast. 3. Franchisee affirms that it is and will continue to be bound by and shall assume all the lawful and applicable terms and conditions of the cable television Ordinance 98-09 (the "Ordinance"). the CUlTen! franchise agreement between the Franchisee and the County (the "Franchise Agreement") and any lawful amcndmcnts and agreements related thereto (the Ordinance, Franchise Agreement and sllch amendments and agreements are collectively referred to herein as the "Franchise") and the Resolul;"n 01 the Board of County Commissioners of the County approving the Change of Control of the Franclusce lrom AT&T Corp. La AT&T Comcast. 4 AT&T Comeast hereby attests and acknowledges that the Change of Control will not affect, diminish. impair or supercede the binding nature of the existing valid ordinances. resolutions " """ and agreements applicable to operation of the cable system in the County, including but not limited 10, the Ordinance. ['ranchise Agreement and any guarantees provided herein. :) Franchisee hereby acknowledges and agrees that the [ollowing issu~s conccrmng Franchisee's compliance with the Ordinance and Franchise Agreement shall be resolved as sel [orth herein: ;\. franchisee and AT&T Comeast recognize and aeknowledge that the financial qualifications of AT&T Comcast are an important and relevant consideration of the County for the evalltation of the proposed Change of Control. and in particular, the assurance that sufficient financial rcsources are available to Franchisee to meet the obligations of the Franchisee under the terms of the Franchise. Accordingly, Franchisee or AT&T Comcast represent or warrant as follows: (i) AT&T Comcast and Franchiscc represent and warrant that the Change of Control will not have any adverse financial effect on the System. such that Franchisee's financial resources necessary to comply with the terms and conditions of the Franchise are adversely affected. AT & T ('omcasl acknowledges and agrees that from and after the Change of Control it will not take all)' :lclilJlI Ihal prevents the Franchisee's full performance of the applicable provisions of the Franchise ami ¡hi..; Lncondílional Acceptance. (ii) Franchisee represents and warrants that after the Proposed Transaction, Franchisee's financial resources will be such as shall enable it to maintain and operate the System in compliance with all requirements of the Franchise. (iii) Franchisee shall provide a Performance Guarantee Agreement in the form attached herelo from TCl Development LLC. (iv) AT&T Comcast represents and warrants that the costs associated with the Change of Control shall not result in any increase in subscriber rates. Nothing shall prohibit '-' ....., Franchisee, I1mvever, from taking rate incrcases in the ordinary course of business in compliance with local, state and federal laws that are not caused by the costs associated with the Change of ControL ß. (i) Franchisee hereby acknowledges and recognizes that the Ordinance sets forth the requirement that the Franchisee shall develop written procedures for the investigation and resolution of all subscribers or County resident complaints, including, but not limited to those regardll1g quality of service and equipment malfunction. and that such procedures shall be submitted ¡or the reView and approval by the County Administrator. Notwithstanding the above, on or about December 21. 2001. Franchisee distributed to its subscribers the AT&T Broadband Policies and Pracliccs (thc "Policies"). which sets forth, in part. policics. complaint procedures and dispute resolutions fOl its cable subscribers. Franchisee agrees that within thirty (30) days following adoption o¡ Ihe Resolution. it will notify, in writing, all subscribers located within the County that Section 10 of the Policies hIlS been withdrawn (as so amended by such withdrawal of Section 10. the "Amended Policies"). (ii) The County has reviewed the Amended Policies and. has found them acceptable in ,lccordance with the requirements of the Ordinance. (iii) Franchisee hereby acknowledges that this Acceptance does not in any manner diminish or impair the rights of the County with respect to future violations and remedies available to the County under the Franchise Agreement or Ordinance and the County hereby waives any liquidated damages with respect to the alleged violation arising out of the Policies. (Iv) Franchisee hereby agrees that an y future revisions of any and all customer service standards or policies or any such new standards and policies shall be submitted to the County before di~tribLltion tl~ :-;uhscribers as required by the applicable provisions of the Franchise. [\' I Fanchisee ag fees thai In the event of a conflict between the Amended Policies and ~ ......, applicable la\\'. the Franchise Agreement. the Ordinance and applicable Jaw shall control over the Alllcndcd POIICll'~ Franchisee and the County agree that their relationship is governed solely by the F"'lI1ehisc Agreement and the Ordinance and that thc Amendcd Policlcs do not apply to the County. C. (I) Franchisee hereby acknowledges and recognizes that the Ordinance sets forth the requirement that the Franchisee shall develop written procedures for the investigation and resolution of all subscribers or County resident complaints, including, but not limited to those regarding quality of service and equipment malfunction, and that such procedures shall be submitted for the revil'\-\' and approval by the County Administrator. Notwithstanding the above, on or about May 21, 2001, Franchisee distributed to its subscribers AT&T Broadband's Risk Assessment and Deposit Policy (the "Risk Assessment Policy"), which sets forth, in part, AT&T Broadband's intent to check potential subscribers credit history and implement policies on subscriber security deposits. Franchisce agrces that within thirty (30) days following adoption of the Resolution, it will notify. in Wilting. all subscribers located within the County that the Risk Assessment Policy has been amended to include non-discriminatory language, as set forth on Attachment I hereto ( the "Amended Risk Assessmcnt Policy"). (ii) The County has reviewed the Amended Risk Assessment Policy and has found it acceptable in ~lccordance with the requirements of the Ordinance. (Iii) Franchisee hereby acknowledges that this Acceptancc does not in any manner diminish or impair tht' rigìlts of the County with respect to future violations and remedies available to the County under the Franchise Agreement or Ordinance and the County hereby waives any liquidated damages with respect to the alleged violation arising out of the Risk Assessment Policy. (iv) Franchisee hereby agrees that any future revisions of any customer service standards and policies shall be submitted to the County before distribution to subscribers as required by the "" 'w11I applicable provisions of the Ordinance. (v) Franchisee agrees that in the event of a conflict between the Amended Risk Assessment I'olrey and apl,licable law, the Franchise Agreement, the Ordinance and applicable law shall control over thc Amended Risk Assessment Policy. Franchisee and the County agree that their relationship is governed solely by the Franchise Agreement and the Ordinance and that the Amended Risk Assessment Policy does not apply to the County. D. A T&T Broadband and certain of its affiliates and subsidiaries are the subject of a current investigation and administrative inquiry by the Attorney General of the State of Florida that 111,-1)' result in legal action against such entities. Franchisee agrees that it shall comply with all federal and state law, mcludmg any dccislOn by thc Attorncy Gencral of thc State of Florida with respect to consumel prolectlon and arising out of such investigation and inquiry. Franchisee further agrees that by consenting to the Change of Control, the County shall not have waived any rights it may have to receive any benetÏts. for itself or for Franchisee's subscribers in thc County, that are determined to be gi vcn by resolution of thc Attorncy Gcncral' s invcstigation. whcther through judicial decision, administrative action. settlement or voluntary agreement ("Resolution"). To the extent that the Resolution extends to other subscribers or municipalities in Florida. benefits as prescribed by the Attorney General, resulting out of its current investigation, for such other subscribers or municipalities shall automatically be made available to the County or Francrnsee's subscribers in the County to the extent that the County or such subscribers have been subject to the same violations. 6. Franchisee shall cooperate in any franchise complrance inquiry, including but not limited 10 financial, customer servìce performance, call center records and financial and technical audits as specified under the terms and conditions of the Franchise. AT&T Comcast agrees that the records of the Franchisee, which are required to be maintained and are subject to inspection by the '-' ....", County. pursuant to the Franchisc, shall bc subject to inspecrion regardless of whether such records are mamtained by Franchisee or AT&T Comcast. or any subsidiary or affiliate. 7. Franchisee agrees that the County does not waive any right to require compliance with the cranch;,e by Franchisee, whether or not any nuncompliancc is thc subject of thiS Acceptance and hereby ~lSSUIflC:) responsibility for any and all non-compliance under the cunenl Franchise Agreemt:nl Clml!'H the Ordinance, even if such noncompliance is alleged to have occurred prior to the closing of the merger of AT&T Flroadband and Comcast Corporation. 8. Franchisee shall deliver a letter to the County with respect to certain franchise matters. 9. This Exhibit A may be signed in counterparts. FURTHER AFFIANT SA YETH NAUGHT. Tel OF NORTHERN NEW JERSEY, INC. By: Name: Title: ST ATE OF FLOR][)A COIINTY or ) ) ss: ) BEFORE ME, the undersigned authority. personally appeared who is knnwn to me personally (or provided proof of identification) and upon being first duly sworn acknowledged that he I she executed the foregoing document freely and voluntarily and for the pllI1'0se therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this _ day of .2002. Notary Public My Commission expIres: '-' ...." AT&T COMCAST CORPORATION By: Name: Title: STATE OF FLORIDA ) ) ss: ) COUNTY OF IJEFORE ME. the undersigned authority, personally appeared who is known to me personally (or provided proof of identification) and upon being first duly sworn acknowledged that he I she executed the foregoing document freely and voluntarily and for the purpose therein l'.xpres,"~d. WIT"lESS my hand and official seal in the County and State last aforesaid rhis .2002. day of Notary Public My Commission expires: '" ""'" EXHIBIT D PERFORMANCE GUARANTY AGREEMENT ST. LlICIE COUNTY, FLORIDA, a municipal corporation of the State of Florida. (hereinafter "County"). and TCI DEVELOPMENT LLC, a __~____~ limited liability company (hereinafter, "Guarantor") and wholly owned by AT&T Comcast Corporation, on behall of itself and Franchisee. WHEREAS, TCI of Northern New Jersey, Inc., d/b/a AT&T Broadband is the Franchisee under a Franchise Agreement granted pursuant to Ordinance ~o. 98-68 and the documents thereunder (collectively the "Franchise"); and WHEREAS . at its meeting of July 16, 2002. the County Commission approved the Change in Control of the Franchisee in adopting Resolution No. COlllml"); and WHEREAS . thc Consent and Unconditional Acceptance of Change in Control of ("Change in Francl1iscc appmvcd by Resolution No. rcquirc Franchiscc to furnish a GLIi.lranty. \vith an acceptable guarantor securing performance of Franchisee's obligations under the SI. Lucie County, Cable Television Franchise Ordinance, Ordinance No. 98-09 ("Ordinance"), Franchise Agreement and any and all agreements related thereto; and WHEREAS ,Guarantor has agreed to deliver this GuaranLy ill conjunctiun with the (ounty's consenl to the Change in Control. NOW, THEREFORE . in consideration of the above recitals. the covenants. and agreements contained herein, and other good and valuable consideration. the receipt and sufficiency of which me hereby acknowledged. the Guarantor hereby agrees as follows: The Guarantor, on behalf of itself and Franchisee, (a) guarantees unconditionally to lhe County the due and punctual performance by Francllisee of each and every term, promise. ~ ...., covenant, condition. provision and obligation contained in the Franchise Agreement. the Rcsollltlon :lppnWlng the Change in Control, the Unconditional Acceptance . the Ordinance and any :llld all ¡'elated agreements and resolutions, except to the extent that any term, promise, covenant, condition, provision or obligation is unenforceable under applicable law, and (11) agrees to cause FranclllSce to comply with all obligations of the "Grantee" (as defined in the documents referenced herein) to be performed as provided in the Franchise Agreement and Ordinance, except to the extent that any term, promise, covenant, condition, provision or obligation is unenforceable under applicable law. 2. The guarantees set forth in paragraph I above shall be effective c0l1tl'IllP(Jr~1I1(;,:OllSly with the Change in Control of the Frallchisel' and shall remain in ellecl until the first to uccur of, (a) the termination of the Franchise; or (b) the termination, substitution, or cancellation of this Guaranty upon the County's prior written approval of a substitute guarantor. which approval shall not be unreasonably withheld. 3. Except as set forth in paragraph 2 above, no termination, amendment, waiver, or modificntion of this Guaranty or any of its terms or provisions SIKlll be effective unless it is set forth in a written instrument signed by the Guarantor and the County. 4. Guarantor covenants and agrees that Guarantor may be Joined in any action by the Franchisee or the County and that recovery may he had against Guarantor in such action without the County first bringing an action in court against Franchisee. Guarantor also agrees that, in any Jurisdiction. it will be conclusively bound by the judgment in any such action by County against Franchisee (,^'herever brought) as if Guarantor w¡,:re ~l PUrly to sLlch action, even though Gu:mll1tor is not joined as a party in such action. This Guaranty may be enforced against Guarantor pursuant to this Section 4 only upon a default by Franehisec; provided that Guarantor '-' "'"-t1!I is given pnor notice of such breach or default and an opportunity to cure such breach or default in accordance with the Franchise as if Guarantor was the Franchisee thereunder. ). This (¡naranty shall be deemed to have heen made in the State of Florida. (;uarantor I'OIlSClìls to the jurisdiction of the courts or the Slate of Florida or to Ihe United States DistrÎ(.:t COllrt, Southern District. for tile State or Flurida The righls amI liabilities of COllnty and Guarantor sllull be determined in accordance with the laws of the State of Florida. 6. Nn delay on the part of the County in exercising any power or right hereunder shall operate as a waiver thereof. The powers and rights granted to County hereunder may only be waived upon the prior written consent of County. authorized by appropriate municipal action taken at a regular public meeting of the County Commission of County. 7. If any section, subsection, sentenct::. clause. phrase, or other portion of this Guaranty IS. for any rcason, declared invalid. in whole or in part, by any court, agency, commission. legislative body, or other authority of competent jurisdiction, snch portion shall be deemed a separate, distinct, and independent portion, and snch declaration shall not affect the validity of the remaining portions hereof, which other ponions shall continue in fnll force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANKl "-' ....,¡¡ IN WITI'\ESS WHEREOF, the Guarantor on behalf of itself has caused this Guaranty to be executed under seal by its duly authorized representatt ve of the date first above written. Tel DEVELOPMENT LLC (Guarantor) WITNESSES: By: Name: Title: ATTEST: (Corporate Seal) By: Name: Title: STATE OF FLORIDA ) ) ss: COUNTY OF BEFORE ME. the undersigned authority. personally appeared who is known to me personally (or provided proof of identification) and upon being first duly sworn acknowledged that helshe executed the foregoing docnment freely and voluntarily and for the purpose therein expressed. WITNESS my hand and offic tal seal in the County and State last aforesaid this day of , 2002. \wi ...." WITNESSES: ST. LUCIE COUNTY, FLORIDA CHAIRMAN COUNTY ADMINISTRATOR ATTEST Deputy Clerk APPROVE D AS TO FORM: County Attorney ..... I AGENDA REQUEST ITEM N~ Date: July 16,2002 Regular [ ] Public Hearing [ X ] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney \ SUBJECT: Ordinance No. 02-16 - Amending Chapter 1-13.8 (Noise Control) of the St. Lucie County Code of Ordinances and Compiled Laws BACKGROUND: See C.A. No. 02-1024 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Ordinance No. 02-16, as drafted. COMMISSION ACTION: CE: [ l APPROVED [] DENIED [X OTHER: Continued until 9/3. County Attorney: ~ Coordination/Sil!natu res Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): ~ "wtJ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 02-1024 DATE: July 8, 2002 SUBJECT: Ordinance No. 02-16 - Amending the Chapter 1-13.8 (Noise Control) of the S1. Lucie County Code of Ordinances and Compiled Laws \ BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 02- 16 which would amend the County's noise ordinance as set forth in Chapter 1-13.8 (Noise Control) of the 81. Lucie County Code of Ordinances and Compiled Laws to provide for measurement of noise by octave band and also establish maximum permissible vibration levels. The proposed revisions to the ordinance are based upon the results of the noise study conducted by the Midwest Environmental Assistance Center. The study was conducted in response to complaints from residents that permissible noise levels under the current ordinance were inadequate to prohibit noise levels that they found offensive. The residents also complained of being bothered by vibration levels that are not addressed in the current ordinance. Copies ofthe noise study are available forreview in the County Attorney's office. Under the proposed ordinance, the existing Table 1 which uses straight decibel levels to establish permissible noise levels based upon specified levels for one percent (1 %),10 percent (10%) and fifty percent (50%) of the measurement time would be replaced with a table of permissible noise limited based upon octave band noise. As indicated in the MEAC study, octave bands more accurately reflect the way in which the human ear receives and processes noise. The peak noise levels set forth in Table II would be deleted as these would faU under the new Table 1. For reference purposes, a chart indicating common noises and their corresponding decibel levels is attached to this memorandum. As stated above, the MEAC also studied vibration levels in the County and made recommendations based upon existing conditions. Those recommended vibration limits are set forth in the new Tables 2 and 3. Table 2 establishes permissible vibration levels between residential properties. Table 3 establishes permissible vibration levels on residential properties emanating from commercial and industrial properties. If the proposed ordinance is adopted, it wiU be necessary for the County to purchase equipment to modify the existing sound meters to measure noise using octave bands. In addition, the ordinance will also require the purchase of equipment to measure vibration. Equipment is available which can be added to the Sheriff s current sound meters to take both octave band and vibration 1 '-' ..,J readings. Staff is recommending that the ordinance be made effective November 1, 2002, in order to allow the new equipment to be purchased under the 2002-03 budget. This will also allow sufficient time for staff to revise the noise measurement procedures and draft the vibration measurement procedures based upon the Board's action on the proposed ordinance at the July 16, 2002 public hearing. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners adopt proposed Ordnance No. 02-16, as drafted. Respectfully submitted, \ ~~ Tð- Heather Yðung Assistant County Attorney Attachments HY/ Copies To: Concurring Staff Clerk Secretary Press Public 2 '-" ~ ORDINANCE NO. 02-16 , AN ORDINANCE AMENDING CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-13.8-16 ("DEFINITIONS") TO CHANGE THE NAME TO "TERMINOLOGY, STANDARDS AND DEFINITIONS", TO PROVIDE FOR TERMINOLOTY AND STANDARDS AND TO ADD CERTAIN DEFINITIONS; AMENDING SECTION 1- 13.8-18 ("MAXIMUM PERMISSIBLE SOUND LEVELS BY USE DISTRICT") TO ESTABLISH MAXIMUM PERMISSIBLE SOUND LEVELS AND VIBRATION LEVELS BY USE DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE AND FOR TERMINATION, AND CODIFICATION. WHEREAS, on February 2, 1988, the Board of County Commissioners adopted Ordinance No. 88-20 which created Chapter 1-13.8, Noise Control, of the St. Lucie County Code of Ordinances and Compiled Laws; and, WHEREAS, Chapter 1-13.8 established maximum permissible sound levels by use districts based upon decibel levels; and, WHEREAS, this Board has conducted a nOIse measurement program with vibration analysis for St. Lucie County; and, WHEREAS, based upon the results of the noise measurement program, this Board has determined that it is appropriate to amend Chapter 1-13.8 to provide for sound measurement based upon octave bands rather than decibel levels. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners ofSt. Lucie County, Florida: 1 StruGk through words are deleted; underlined words are added. '" 'wi PART A. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-16 AS FOLLOWS: Section 1-13.8-16. DefiHitioBs. Terminolo!!V. standards. and definitions. (a) All technical acoustical terminology and standards used in this article which are not defined below shall be read or constructed in conformance with the American National Standards Institute, Inc.. ("ANSI") publication entitled "Accoustical Terminology". designated as ANSI S 1.1-1960, or its successor publication. ® For the purposes of this chapter, the following definitions shall apply: \ Ambient noise is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far, independent of any single, identifiable noise source. Bel is a unit of level when the base of logarithm is ten (10). Use of the Bel is restricted to levels of quantities proportional to power. Boat is a description of watercraft, barge and airboat used or capable of being used as a means of transportation on water, mode of habitation or a place of business or professional or social association on the water of the unincorporated areas of St. Lucie County including but not limited to: (I) Foreign and domestic watercraft engaged in commerce; (2) Passenger or other cargo-carrying watercraft; (3) Privately owned recreational watercraft; (4) Airboats and seaplanes; (5) Houseboats or other floating homes. Decibel is a unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the 2 Struek tflreu¡;h words are deleted; underlined words are added. \.- ...." I. reference pressure, which is twenty (20) micropascals (twenty (20) micronev.¡tons) per square meter. Discrete tone is the condition of a noise source in which sharp, piercing or hum- like steady tones occur in the octave noise spectrum. Downwind gradient is within plus or minus 45° of the wind direction connecting the center of ihe noise source and ihe center of the receiver, with ihe wind blowing from source to receiver. The wind speed is given as up to 11 mph (5m/sec). Emergency work is work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger. Frequency of a function periodic in time is the reciprocal of the primitive period. The unit is the cycle per unit time and must be specified. Ldn level is the twenty-four (24) Leo level in an environment in which all the ambient sound and other noises at night (defined as 10:00 p.m. to 7 a.m.) are added up as 10 dB(A) above actual noise level. LeQ level is ihe level of ihe time-weighted. mean-square, A-weighted sound pressure. Stationary noise sources are measured, in terms of octave band Leo, for a minimum of ten (10) minutes of operation. The background sound level measured for a minimum of five (5) minutes with the source off, must be subtracted from the Leq level in each of the nine octave frequency bands. Person is any person, person's firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. Sound level meter is an instrument including a microphone, an amplifier, and output meter and frequency weighting networks for the measurements of noise and sound levels in a specified manner. 3 £tru¡;J¡ thrOllgh words are deleted; underlined words are added. \w ...." Sound pressure level in decibels of sound is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of this sound to the reference pressure, which reference pressure must be explicitly stated. All technical definitions are in aeeordanee '.'lith ..^Æ.eriean National Standards Institute Standard S 1.1 1960 entitled ,^.cousticnl; Terminology, as reaffirmed. PART B. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-16 AS FOLLOWS: \. Section 1-13.8-18. Maximum permissible sound levels and vibration levels by use district. ill It shall be unlawful to project a sound or noise from one property into another property within the boundary of the use district which exceeds either the limiting noise spectra set forth in Table 1 below or exceeds the ambient noise level by more than three (3) decibels for any minimum part of a measurement period which measurement period shall not be less than sixty (60) seconds when measured as specified under the noise enforcement practices as adopted by the board of county commissioners by resolution. (2) ill Sound or noise projecting from one (l) use district into another use district with a different noise level limit shall not exceed the limits of the district into which the noise is proj ected. For the purposes of this section, "Day" shall be considered to be from 7:00 a.m. to 10:00 p.m., and "Night" shall be considered to be from 10:01 p.m. to 6:59 a.m. 81 iliì The limits hørcinabove referred to shall be in accordance '.'lith the following table:Unless provided otherwise, such sound that tests in excess of any such sound affected site specific applicable resultant value, after applying all site-specific impulse sound and lor pure tone (character of sound) adiustments, shall be a violation of this article. ~ (c) Corrections for character of sound: 1. Steady pure tone. For each sound that is a steady pure tone, the applicable maximum sound level limits set forth in Table 1 shall be 4 Struck through words are deleted; underlined words are added. "" """" reduced by five decibels at sound-affected sites/units in residential use districts. 2. Non-repetitive impulsive sound. For any non-repetitive impulsive sound (up to five impulses in an hour), the maximum sound level limits set forth in Table I shall be increased by ten decibels from 7:00 a.m. to 10:00 p.m. \ T,Á1BLE 1 }1PPLlCÁ1BLE NOISE LIMITS Meas'..lrement period one quarter hour (continuous) as measured at the property boundary of the receiving property. Use Classification SeÞlmi Leyc! in Dcciée!s A Scak (lBA) Day Night 0700 2200 2200 0700 b.¡ LJO l.jQ l.! l.!0 l.~ 70 65 60 65 60 55 75 70 65 70 65 eO 75 70 65 75 70 65 Residential Commercial Industrial Le'eel L(1). That noise V\. 'Neighted sound level) eKceeding one (1) porcent of a measurement time equivalent to at least fifteen (15) minutes. Lc','CJ L(1 0). That noise (A weighted sound level) eJ(eeeding ten (l0) pøreent of a measurement time equivalent to at least fifteen (15 minutes. LO:'81 L(5r:J). That noise (I. weighted sound le';el) exceeding fifty (50) pereent of a measurement time eql:liyalent t6 at least fifteen (15) minutes. 5 Slruel; thrOHgR words are deleted; underlined words are added. \w ...., (3) If the noise occurs at any time on Sunday or holidays, the decibollevel applicable between 10:00 p.m. and 7:00 a.m. shall prevail. (1) Noise levels shall not exceed the peak noise levels, independent of time duration, set out in Table II below: \ Use CIBssijicatielì Residential Commercial Iadustrial TABLE II PE1K NOISE LEVELS Seul'Ui Le'le! in Decibels A Seale (lEA) 80 85 85 W The conditions regarding times of operation for mining and manufacturing activities as specified in a permit issued by the board of county commissioners shall prey ail O'ler the provisions of this chapter. téf For noise of impulsive character (hammering, etc.), the permissible decibel leyels set out in Table I shall be corrected by subtracting fi'.<e (5). Impulsi'/e sound is any sound of short duration, usually less than one (1) second .,.,áth an abrupt onset and rapid decay, e.g. e¡(plosiofls, blasting, and discharge of firearms. 6 Struck through words are deleted; underlined words are added. \w ...." TABLE 1 OCTAVE BAND NOISE LIMITS IN TERMS OF UN-WEIGHTED DECIBELS AND EQUIVALENT A-WEIGHTED DBA LEVELS Residential/Residential Commercial/ Residential In dustriallResidential Octave Band Day Night Day Night Day Night Center Frequency (Hertz) 31.5 57-59 52-54 64 59 64 59 \ 63 57-59 52-54 64 59 64 59 125 54-56 49-51 61 56 61 56 250 50-52 45-47 57 52 57 52 500 46-48 41-43 53 48 53 48 1000 41-43 36-38 48 43 48 43 2000 37-39 32-34 44 39 44 39 4000 34-36 29-31 41 36 41 36 8000 30-32 25-27 37 32 37 32 dBA 48-50 43-45 55 50 55 50 (3) It is a violation of this article to operate. permit. of suffer operation or use of any industrial. manufacturing and/or commercial device. facility. operation. or process that causes any vibrations which exceed the applicable displacement(s) in inches specified in Tables 2 and 3 below, at the property boundary of. or within. any vibration affected site or unit in a residential use district. Steady state vibrations are continuous or occur in discrete pulses more frequently than 100 impulses per minute. Discrete pulses that do not exceed 100 impulses per minute must not cause displacement in excess of twice the applicable value(s) in Tables 2 or 3. Impact vibrations occur in discrete pulses which are separated by a time interval of at least one minute and which occur no more than eight times in any 24-hour period. These vibrations regulations do not apply to activities conducted pursuant to. and to the extent authorized by. blasting permits 7 Struck throu¡;h words are deleted; underlined words are added. ~ ...., issued by the board or any other governmental entity that is authorized to issue such permits. TABLE 2 APPLICABLE VIBRATION LIMITS RESIDENTIAL TO RESIDENTIAL USE DISTRICT Residential/Residential - Commercial Measured Levels Frequency Permitted Leve] Ambient Leve]: R/R Ambient Leve]: R1C Measured @X] I, Y6 Measured@. Y5 Rate of Vibration a] Strokes Greater than Less than Less than Less than \ JOOlMin JOO/Min 100IMin 100/Min Less than 10HZ .0004 .0008 .0007 .0003 10-19 Hz .0002 .0004 .00004 .000]5 20-29 Hz .0001 .0002 .00001 .0001 30-39 Hz .0001 .0002 .00001 .000] 40-49 Hz .0001 .0002 .00001 .00004 50 and Over .0001 .0002 .00001 .00001 TABLE 3 APPLICABLE VIBRATION LIMITS COMMERCIAL TO RESIDENTIAL AND INDUSTRIAL TO RESIDENTIAL Commercial, Industrial to Residential Measured Levels Frequency Permitted Level Ambient Level: C/R Measured @ X] I, Y6 Ambient Leve]: I/R Measured@ Y5 Rate of Vibration a] Strokes Greater than Less than 100/Min 100/Min Less than 100IMin Less than 100/Min Less than 10HZ .0004 .0008 .0003 .0004 ]0-19 Hz .0002 .0004 .0001 .00006 8 Struck through words are deleted; underlined words are added. '-' ...., 20-29 Hz .0001 .0002 .00005 .00002 30-39 Hz .0001 .0002 .00001 .00001 40-49 Hz .0001 .0002 .00001 .00001 50 and Over .0001 .0002 .00001 .00002 (a) The following standards shall be used, as applicable, to measure vibrations: 180-2631 (Mechanical vibrations and shock - Evaluation of human exposure to whole body vibration); ANSI S 2.2-1959 (RI990) (Calibration of shock and vibration pickups); ANSI S 2.61-1989 (ASA 78) (Mechanical mounting of accelerometers); ANSI S 24.21-1957 (R1989) Characteristics of shock and vibration measurements). I, (b) A three component measuring system shall be used to measure vibrations. The testing system shall measure earth borne vibrations in three directions. each of which occurs at right angles to the other two. PART C. CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of S1. 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 D. 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 circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART E. APPLICABILITY OF ORDINANCE This ordinance shall be applicable in the unincorporated areas of S1. Lucie County. 9 8tnwk tlrr0l,¡gll words are deleted; underlined words are added. \w ....." \ PART F. FILING WITH DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. FILING WITH DEPARTMENT OF REVENUE The Clerk shall send a certified copy of this ordinance to the Department of Revenue, The Carlton Building, Tallahassee, Florida, 32301, within ten (10) days after approval of the Ordinance. PART H. EFFECTIVE DATE; TERMINATION This ordinance shall take effect on November 1, 2002. PART I. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward. XX Vice Chairman Cliff Barnes XX Commissioner Paula A. Lewis XX Commissioner John D. Bruhn XX Commissioner Frannie Hutchinson XX PART K. CODIFICATION Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C to K shall not be codified. 10 8t-rHEk througl1 words are deleted; underlined words are added. ~ 'WI PASSED AND DULY ADOPTED this XX day of XX, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk \ APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 11 Struck through words are deleted; underlined words are added. -I ~ -,---¡ --l--¡ I' ~l Iii ii, trj ~I'~N ~i~il:ool~I'~ wo'o 0 Õ¡O ~10 01010 ~ , ,. I 1 trj I i I I I I ~ I I I I I ) i 00 --all ~ -~II ..~-¡. ~-ì D--Z· -~ ~ ---1 c ...... ::s ~ I ~ C 0 ::r 2::1 ::s ::s 0...1 ~ [::s (D' ;l ......::s ' 81...... cr' ::S10 ......;:J tn (t clsr S-18a g ~16 ~ NI~ tn!O 0 ~ ~ ~ r~ 'tn ......' ~ ~. "'. ti l::r ......! ~ ::S'"O 0 ..0 0 ~ 0 dgl~ ~I~ g c S cr' Õ:"'. i'" t:::l ?2 CD (D' 0.. >--' >--,1 tn ;:J ......1 ~ ...... ~ 0 l::r ~ ::s tn >--' ::r ~ ::: 1.0 ...... (JC¡ ~ ...... (D ;::. e-!I~ ''''~ a I g. g" ~ ~ 0 018 ......l::s e; ....... ~ $;..1 2.. i (D ~ [:; "< ..g' ::s "'I tn 10... 0 i (D -...., ~ os. g I~ I 2' t:::l I ~ 8"" I 0 ::s ' ..... I ~ I t:::l ~ I ...... ...... ¡....( (D ......I:::;:J ......:::s 8 00 ~ I~I~ ~ I(JC¡ I ~ Itrj ::¡I......!~ tnl8 ::S ~ I ~ li~ I ~ g I ô C1t:B...... i::r ~ ~ õ I õ::r I S' ~ , I (D ~ ::r¡ i",· ('j O! I...... _ ~ i I "< l~.J ::s¡ l"'g , I ~ I ...... I~ I J i i ! I I I I '-' , ....., ~ o ~ ~ o ~ o ~ ~ ~ co ~ ~ ~ ~ < ~ ~ rJJ. .~ \w. ...., Agenda Request Item Number Date: S-c 07/16/02 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ X ] Quasi-JD [ X ] SUBJECT: Consider Draft Resolution 02-145 granting the petition of Sunrise Tr ctor & Equipment (Tom Kindred, Jr., Agent) for a one-year extension of to the site plan/ c nditional use permit to allow the retail sale of farm equipment and related accessories in the AG-1 (Agricultural- 1 du/acre) Zoning District. Director To: Submitted By: Board of County Commissioners Community Development BACKGROUND: On May 15, 2001, this Board granted, through Resolution 01-021, Sfte Plan/Conditional Use Permit to Sunrise Tractor & EquIpment to allow the retail sale of farm equipment and related accessories in the AG-1 (Agricultural - 1 du/acre) Zoning District. The property in question where this activity is to take place is located at 9901 Okeechobee Road. Because this is a combined site plan/conditional use the effective period resolution 01-021 was only 12 months. This approvals granted through Resolution 01-021 expired on May 15, 2002. in accord with the provisions of Parts Band G of Resolution 01-021 , the petitioner has requested the Board of County Commissioners consider granting a 12 month extension to the prior approvals issued under Resolution 01-021. The requested extension is for the purpose of permitting the petitioner time to finalize financing for the proposed project. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the S1. Lucie County Comprehensive Plan. FUNDS AVAILABLE: PREVIOUS ACTION: NlA On April 19, 2001, the S1. Lucie County Planning and Zoning Commission recommended approval for the requested conditional use permit. On May 15, 2001, this Board, through Resolution 01-012, granted approval for a Site Plan/Conditional Use Permit to allow the retail sale of farm equipment and related accessories in the AG-1 (Agricultural - 1 du/acre) Zoning District. RECOMMENDATION: Staff recommends approval of Draft Resolution 02-145, which, if approved, would grant a 12 month extension to the Site Plan/Conditional Use Permit previously issued to Sunrise Tractor & Equipment to allow the retail sale of farm equipment and related accessories in the AG-1 (Agricultural- 1 dulacre) Zoning District. If approved. the new expiration date will be May 15, 2003. County Attomey Originating Depl.: Finance: :lr/ Coordination! Signatures Mgl. & Budget: Other: Douglas M. Anderson County Administrator .. COMMISSION ACTION: [X] APPROVED D DENIED D OTHER (5-0) Purchasing: Other: (AGEND637a) \w; ...., Commission Review: July 16, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: July 10, 2002 SUBJECT: Application of Sunrise Tractor & Equipment (Tom Kindred, Jr., Agent) for a one-year extension of to the site plan/ conditional use permit to allow the retail sale of farm equipment and related accessories- in the AG-1 (Agricultural - 1 dulacre) Zoning District. On May 15, 2001, this Board granted, through Resolution 01-021, granted a Site Plan/Conditional Use Permit to Sunrise Tractor & Equipment to allow the retail sale of farm equipment and related accessories in the AG-1 (Agricultural - 1 du/acre) Zoning District. The property in question where this activity is to take place is located at 9901 Okeechobee Road. The subject property is located on the south side of Okeechobee Road, approximately 1/3 mile west of Gentile Road. Because this is a combined site plan/conditional use the effective period resolution 01-021 was only 12 months. This approvals granted through Resolution 01-021 expired on May 15, 2002. In accord with the provisions of Parts Band G of Resolution 01-021, the petitioner has requested the Board of County Commissioners consider granting a 12 month extension to the prior approvals issued under Resolution 01-021. The requested extension is for the purpose of permitting the petitionertime to finalize financing for the proposed project. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Board approve the request for a one-year extension of the Site Plan/Conditional Use Permit. Attached is a copy of Draft Resolution 02-144, which, if approved, would grant a 12 month extension to the Site Plan/Conditional Use Permit previously issued to Sunrise Tractor & Equipment to allow the retail sale of farm equipment and related accessories in the AG-1 (Agricultural - 1 du/acre) Zoning District. If approved, the new expiration will be May 15, 2003. The petitioner must by that date have obtained a building permit for a principal portion of this project in order to secure the development entitlements granted by this Resolution. '-" ~ July 10, 2002 Page 2 Subject: Sunrise Tractor & Equipment If you have any questions, please let me know. SUBMITTED: DJM SUNRISEFORDTRACTOR_EXTENSION 1 (H) cc: County Administrator County Attorney Public Works Director Planning Manager Tom Kindred, Jr. '-" '..i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION 02-145 FILE NO.: 6CC-02-006 A RESOLUTION PROVIDING FORJ~N EXTI;f'A CONDITIONAL USE PERMIT TO ALLQiW THE iI;TAI FARM EQUIPMENT AND RELATED A SSOFfIES IN T (AGRICULTURAL - 1 DUlACRE)G DISTRICT CERTAIN PROPERTY IN ST. LUCIE C LORIDA WHEREAS, the Board of County Commissioners of testimony and evidence, including but not limited to the sta determinations: ty, Florida, based on the as made the following On May 15, 2001, the St. Lucie Coun Resolution 01-021, a Site Plan/C equipment and related accessorie property located at 9901 Okeec sioners granted, through ow the retail sale of farm 1 du/acre) Zoning Districtfor larly described in Part C below. 1. 2. The developer of Sunrise T Use Permit granted throu months from its date of s uested that the Site Plan/Conditional extended for a period of 12 additional 15, 2002. rd of County Commissioners of St. Lucie A. )(1) of the St. Lucie County Land Development Code, the approved through Resolution 01-021, is hereby extended rom its date of scheduled expiration, May 15, 2002, with 15, 2003. B. f Resolution 01-021, Parts Band G excluded, shall remain in full C. is Site Plan/Conditional Use Permit is being granted is described RTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 27, 35 SOUTH, RANGE 39 EAST, RUN SOUTH ALONG THE QUARTER LINE 1,128.04 FEET TO A POINT ON THE SOUTH RIGHT-OF-WA Y LINE OF ROAD 70, ALSO KNOWN AS OKEECHOBEE ROAD; THENCE, FOLLOWING SAID SOUTH RIGHT-OF-WAY LINE RUN SOUTH 7221'30" WEST, A DISTANCE OF 255.00 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE ALONG SAID File No.: BCC-02-006 July 16,2002 Resolution 02-145 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 D. 36 37 38 39 E. 40 41 42 F. 43 44 45 46 47 48 ..... ....,. RIGHT-OF-WA Y LINE, RUN SOUTH 20 28'30" EAST, A DISTANCEpF 245.J)J);iFEET; THENCE, RUN NORTH 64 32'00" EAST, A DISTANCE OF 622.77WFEET;THENCE, RUN NORTH 168 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT RIGHT-OF-WA Y FOR OKEECHOBEE ROAD. PARCEL 2 COMMENCE AT THE NORTHEAST CORNER OF OF SECTION 27, TOWNSHIP 35 SOUTH, RAN FLORIDA; THENCE, SOUTH ALONG THE EAS ONE-QUARTER OF SECTION 27, A DISTA INTERSECTION WITH THE "OLD" SOUTH RIGHT- (OKEECHOBEE ROAD); THENCE, SOUTH 71 21 '3 SOUTH RIGHT-OF-WA Y LINE, A DISTANCE OF ~L, THA T PARCEL OF LAND AS DESCRIBED IN O."R. BOO RECORDS OF ST,. LUCIE COUNTY; THENC TH 20 2 WEST LINE OF SAID PARCEL AS DESC .R. BO DISTANCE OF 245.00 FEET TO THE S RNER THENCE, NORTH 64 32'00" EAST, L 100.00 FEET TO THE POINT OF PARCEL: THENCE, SOUTH 05 THENCE, NORTH 6404'49" EAS 23'15" WEST, A DISTANCE 0 AFORESAID PARCEL DES 6432'00· WEST, ALONG DISTANCE OF 522.77 FE NORTHWEST ONE. ST. LUCIE HE SAID NOR ,128 FEET, 7i E OF STA TE ROAD 70 G THE SAID "OLD" E WEST LINE OF .F 787, PUBLIC ALONG THE PAGE 787, A 'AID PARCEL, ; , A DISTANCE OF WING DESCRIBED E OF 293.78 FEET; ET; THENCE, NORTH 0 HEAST CORNER OF THE PAGE 787; THENCE, SOUTH HE AFORESAID PARCEL, A INNING. T OF: 2327-214-0010-000/0) oad. South side of Okeechobee Road, approximately f Gentile Road.) nal U ermit extension shall expire on May 15, 2003, unless a mpliance Certificate is obtained in accordance with Section unty Land Development Code. city granted by the Community Development Director on May 15, valid for the period of this conditional use permit approval. The St. Lucie º9unty Community Development Director is hereby authorized and directed cause th~.!'j'øtation of this resolution to be made on the Official Zoning Map of St. Lucie rida, and to make notation of reference to the date of adoption of this n and second, the vote on this resolution was as follows: File No.: BCC-02-006 July 16, 2002 Resolution 02-145 Page 2 1 Chairman Doug Coward XXX 2 3 Vice-Chairman Cliff Barnes 4 5 Commissioner Frannie Hutchinson 6 7 Commissioner Paula A. Lewis 8 9 Commissioner John D. Bruhn 10 11 12 PASSED AND DULY ADOPTED This 16th Day of July 13 14 15 16 17 18 19 20 21 22 23 24 25 ROVED AS TO FORM 26 D CORRECTNESS: 27 28 29 30 31 County Attorney 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DJM 47 02-144a(h) '-' ...." File No.: BCC-02-006 July 16. 2002 Resolution 02-145 Page 3 ____ z l..... Q+-' CD +-,C 0 OQ) ~E 0 I 1-0.. C\/ Q):::::l 0 '" (j)0" 0 ";::W C 0 0 :::::loð CO \ C , (f) Iï r~ ~i ~ A (f¡ ,.¡:f' t : ~ ~ l~ i ~ : ~ ~ I! ... .. J; ~ z .. ::J 0 Ü ~ Z ::J 0 0: Ot'OH ft' nc.1I Ü w i > j ã: . ... If ~ :¡ ~ I ... z I ¡::: .. ! 1lI 0: Z GWM NO.I._~ ~ « 0 .. :;¡; .... -. ~ ... I ! .. '" II: s ... ! s " ! AlNn08 3380H833>lO u j ~ . . . . ... .. '" '-' ,...., A Petition of Sunrise Tractor & to allow the retail sale of farm District. Equipment for an extension of a Conditional Use Permit equipment and related accessories in the AG-1 Zoning \ , \ I I \ I I \ I \ \ 1 \ I I \ I I I 1 \ I I \ I I \ \ \ I \ \ \ \ \ \ \ \ \ I , \ I \ \ \ \ \ I \ \ \ \ \ \ \ \ \ , \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ , \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ BCC 02-006 r / / / / /J This pattern indicates ~ subject parcel 5ìFL~.~~. ~ Cijit ~f ~ ~ I N Map prepared July 2, 2002 n. .... hu beIrl t:ønpIId b g.rwW~ _ .-...- p..- CIIVf ltHoI-r-'bttllll~medllla"""'''_ÐI,IlNnI,,~ lnIormIIIIan~IIIng",,",*,IIIr'*.''-OIIYlltIdngdoru1w1l Land Use I I \ I 1 \ I I I I I I I I I I I 1 \ I I \ , I I I I , '-' ;.,J Sunrise Tractor & Equipment \ \ \ \ \ \ \ \ I \ \ \ I \ \ \ I \ I \ \ \ \ \ \ I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ AG+-2.5 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ RS BCC 02-006 ~ / / / / /J This pattern indicates ~ subject parcel 5Þrh~~~ t ~ ~.- r Map prepared July 2, 2002 ThilIMp~~~b~~_~p.rJØM1rit N ~~.rbthu~"""IØ~"',",*-.c...,__ _ ~poMI:IIa.lilncl.iIiInIIodkll'.-_.~bitdtog~ Zoning I I I I I , I I I I I I I I \ I I I , I I I I I I I I I \ I , \ \ \ \ \ \ I \ \ \ \ , \ \ , I \ \ I \ , I \ \ \ \ \ \ \ \ \ \ \ , , \ \ \ \ \ \ \ \ \ \ \ \ \ "'" ....." Sunrise Tractor & Equipment \ \ \ \ \ \ \ \ \ \ \ \ A~-2. \ \ \ \ \ \ \ \ \ AG 1 BCC 02-006 r / / / / /J This pattern indicates ~ subject parcel 5j-.t:7~~~ t Map prepared July 2, 2002 i Thir. IMp '- t.m ~ 1arlllWll.-wng.wl"""" po..I"ØOMII~. N 'M* twY 1IIari:"" bwl".. tD PNMØt... JIlOIlo"n.,lwv:l ~ 1 I ~paIItiI..II/'G1t"o11ndlldlar......~l>incrogdoa.ment. '-" ....; Sunrise Tractor & Equipment ) ; '{ f: '~.. ~, ,I ;'> r: '. , BCC 02-006 r / / / / /1 This pattern indicates tL:LLLL:I subject parcel ~.Â'~..~.~ t <Ü~" ~~.::-~~ Map prepared Ju~ 2,2002 ~""'P.....t..o~""l[I8I"'Of"ploori1gond"""""'~lny. Nl ..,....-,.-o.t'*t..l_k>~h_-.1l_~ ~XlUlble,_.Nll~tar.....~Þindl'Gdclo.6TwlI. . ¡ ~ \....- """" AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, July 18, 2002 7:00 P.M. SUNRISE TRACTOR AND EQUIPMENT, has petitioned St. Lucie County for an extension to a Conditional Use Permit to allow the retail sale offarm equipment and related accessories in the AG-I (Agricultural - 1 dulacre) Zoning District for the following described property: Location: 9901 Okeechobee Road. South side of Okeechobee Road, approximately one-third mile west of Gentile Road. Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be 5lWJm in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners July 5, 2002. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on July 5, 2002. File No. BCC-02-006 '--" ...., July 5, 2002 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that SUNRISE TRACTOR AND EQUIPMENT, has petitioned St. Lucie County. for an extension to a Conditional Use Permit to allow the retail sale of farm equipment and related accessories in the AG-l (Agricultural - I du/acre) Zoning District for the following described property: Location: 9901 Okeechobee Road. South side of Okeechobee Road, approximately One-third mile west of Gentile Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The publk hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, July 16, 2002, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-rlescribed parcel, please forward this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to: File Number BCC-02-006. ::J3 ;¡;;:¡SSIONERS d, Chainnan JOHN D. ORUHN. Dimier NO.1' DOUG COWARD. DiSTriCT No 2 . PAULA A LEWIS. Dimict No. 0 . mANNIE HUTCHINSON. Disrrier NO.4' CLIFF OARNE5. DistriCT NO.5 County Adminisrroror - Douglas M. Anderson 2300 Virginio Avenue . Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 . Plonning (561) 462-2822 . GISlTechnicol Services (561) 462-1553 Economic Developmenr: (561) 462-1550 . Fox: (561) 462-1581 TOUrISt/Convention (561) 462-1529 . Fox: (561) 462-2132 \.- SI. LUCIE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA July 16,2002 TO WHOM IT MAY CONCERN, NOTICE is hereby given in accordance with Section . 11.00.03 of the SI. Lucie County land oévetopment Code : and in accOfoonce with the provisions .of the St. lucie County Comprehensive PIon, that the following applicants have requesfed thot the St. Lucie County Board of ~mmis- sionersconsider their following requests: . . 1- EMILIO R. MARTINEZ. for 0 Change in Zoning from the eN {Commercial, Neighborhood) Zoning District 10 the CO (Commercial, Office) Zoning District for the following desçr ¡bed property· LOTS 4 AND 5, BLOCK 171. LAKEWOOD PARK UNIT 121'., ACCORDING TO THE PLAT THEREOf RECORDED IN PLAT BOOK ", PAGES 35 THROUGH 37, PUBLIC, RECORDS OF ST. LUCIE COUNTY, FLORIDA. ! Location: 5106 Turnpike Feeder ~ood. 2. SUNRISE TRACTOR AND EOUIPMENT, lor·'"'....... sicn to a Conditionol Use Permit to allow the retoU sale ol form equipment and related accessories in the AG-l (Agrl- culturol . 1 du/ocre) Zoning District for the following described property: . . Parcell: FROM THE NORTHEAST CORNER Of THE NORTHWEST QUARTER Of SECTION 27. TOWNSHIP 35 SOUTH, . RANGE 39, RUN SOUTH ALONG THE QUARTER SEC- TION LINE 1128.04 FEET TO A POINT ON THE SOUTH RIGHT·Of·WAY LINE Of STATE ROAD 70, AlSO KNOWN AS OKEECHOBEE ROAD: THENCffOlLOW- ING SAID SOUTH RIGHT·Of·WAY LINE RUN SOUTH 72'21'30" WEST, 255.00 fEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT·OF.WAY LINE, SOUTH n'21'30" WEST, 680.00 fEET; THENCE LEAVING SAID RIGHT-Of-WAY LINE RUN SOUTH 20'28'30" EAST. 245.00' FEET; THENCE RUN NORTH 64'32' EAST. 62277 FEETI' THENCf .~UN NORTH 168 fEET TO THE POINT OF BEGINNING.' LESS AND EXCEPT RIGHT·Of.WAY Foa OKEECHOBEEi ROAD: .' . Porcel 2: COMMENCE AT THE NORTHEAST CORNEll Of THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWN- SHIP 35 SOUTH, RANGE 39 EAST, ST. LlJÇle .couNtY, FLORIDA; THENCE SOUTH: ALONG THE EAST LINE OF THE SAID NORTHWEST ONE-QUARTER Of SECTION 27. A 'DIST ANCE Of 1128.04 FEET, TOTHEINrERSEC~ TION WITH THE "OLD" SOUTH RIGHT-Of-WAYllN: Of STATE ROAD 70 (OKEECHOBEE ROADþ THÉNCE oS 71 "21'30" w. ALONG THE SAID 00lD" SOUTH RIGHT. OF-WAY LINE, A DISTANCE OF 935:oo'FEET,TO THÈ . WEST LINE Of THAT PARCEL Of lAND AS DESCRIBED . 1N0.1t 800K 197, PAGE 787,PUBlIC RECORDS.Of.ST. . LUCIE COUNTY: THENCE ·S 20"28'30" E, ALONG THE . WEST LINE Of SAID PARCEL AS DESCRIBED IN 0." . BOOK 197, PAGE 787, A DISTANCE Of 24~oO fEErTO . . THE SOUTHWEST CORNER OF SAID PARCEL. 'THENCE N 64'32'00" E, ALONG SAID SOUTH liNE, ~ DIS- TANCE Of 100.00 FEET TO THE 'pOINT OF BEGIN" NING OF THE FOLLOWING DESCRIBED PARe.s.,·· .- THENCES 05'53'26" E A DISTANCE OF 293.7B FEET; . THENCE N 64'04'49" E A DISTANCE OF 491.83 FEET; THENCE N 00·23' 15" W A D1ST ANCÈ OF 305.22 FEET TO THE SOUTHEAST CORNER OF THE AFORE$Á/D PAR- CEl DESCRIBED IN O.R. BOOK 197. PAGE 787: THENCE S 64'32'00" W, ALONG THE SOUTH LINE OF AFORE- SAID PARCEL, A DISTANCE OF 522.77 FEET TO THE POINT OF 8EGINNING. [CONTAINING 3.21 ACRES, MORE OR LESS) location: 9901 Okeechobee Rood. South side of Okeed1obee Road.· approximately One-third mUe west-of Gentile Road. PUBLIC HEAR:INGS will be held in Commission Chamben. Roger Poitro$. Annex. 3rd Floor. S1. lu-;Ie County Adminis- trotion Building.. 2300 Virginia Avenue. Fort Pierce. Florida . on July 16. 2002. beginning at 7:00 P.M. or as soon thereafter 0$ possible. PURSUANT TO Section 286.0105., Florida Statutes, if 0' person decide~ 10 appeal Cloy decision ,mode by a'board, agency. or commission with respect to any matter consid- ered at a meeting or hearing, he will need a record of the i proceedings, and that, for such purposes, be may need to: en~uré thot 0 \terbotim record of the pr-oceedings is mode.; which record includes the testimony and evidence uPQn i which the appeal is to be bose.d. BOARD Of COMMISSIONERS ST. LUCIE COUNTY, HORIDA /S/ Doug Coward, CHAIRMAN Pvblish: July 5, 2002 __ . 2468119 ~ E 2 The Tribune Friday. JulY 5. 2002 N '~ - I~' <:> 00 <:> 0 0\ 0\ 0\ r-- r-- r-- 0 0 0\ '<t '<t '<t ~ - on on on - ..... ..... r-- 0 '<t '<t '<t '<t N N '<t '<t '<t on ..... ..... 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'" '" '- '- ~ '-"' ......, Agenda Request Item Number Date: S-D 07/16/02 Consent Regular Public Hearing leg. [ ] [ [ ] [ X ] Quasi-JD [ X ] To: Submitted By: Board of County Commissioners Community Development v Developme t Director Consider Draft Resolution 02-143 granting the petition of Emilio Marti ez for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning Dislrict. (File No.: RZ-02-012) SUBJECT: BACKGROUND: The petitioner, Emilio Martinez, has requested this change in zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial; Office) Zoning District on property located on the east side of the Turnpike Feeder Road, approximately 300 feet north of Palomar Parkway, in the Lakewood Park area of the County. The stated purpose for the rezoning is to develop the property for a dental office. It should be noted that as of this date we have not yet received any specific development plan for this property. Although a change in zoning cannot be conditioned, staff would notify the petitioner that at the time a Final Development Plan is submitted to the County for review, there will be the need to convey certain rights-of-way for the planned improvements to the Turnpike Feeder Road. Any dedication of right-of-way would be considered eligible for Road Impact Fee Credits. In addition, staff would note that prior to any Final Development Order being issue on this site, a full tree survey would be required. The petitioner is encouraged to work with the County's Environmental Resource Staff to design this site in manner that protects/retains as many of the trees on this property as possible. FUNDS AVAilABLE: N/A PREVIOUS ACTION: At the June 20, 2002, meeting of the Planning and Zoning Commission, by a vote of 7 to 0, with two members (Mr. McCurdy and Mr. Jones) absent, the Planning and Zoning Commission recommended approval of the change in zoning. RECOMMENDATION: Staff recommends that the Board approve Draft Resolution 02-t45, which, approves the petition of , Emilio Martinez for a change in zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District. ~ Coordination! Signatures Mgt. & Budget: Other: Douglas M. Anderson County Administrator r4-, COMMISSION ACTION: L:J APPROVED D DENIED D OTHER (5-0) County Attorney Originating Dept.: Finance: Purchasing: Other: (AGEND638a) '-' '...I Commission Review: July 16, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: July 10, 2Ú02 SUBJECT: Application of Emilio Martinez for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District. (File No.: RZ-02-012) LOCATION: East side of the Turnpike Feeder Road, approximately 300 feet north! northeast of Palomar Parkway (Lakewood Park) EXISTING ZONING: CN (Commercial, Neighborhood) PROPOSED ZONING: CO (Commercial, Office) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 1 .08 acres PROPOSED USE: Medical Office PERMITTED USES: Attachment "An - Section 3.01.03(R) CO (Commercial, Office) - contains the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the Commercial Office Zoning district. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are designated as prohibited uses for that district SURROUNDING ZONING: CN (Commercial, Neighborhood) to the South, north, and west. RM-5 (Residential, Multiple-Family - 5 du/acre) to the east. SURROUNDING LAND USES: To the immediate north of the petitioned property the land use is vacant; to the immediate south of the petitioned property is a small branch bank building (Harbor Federal S&L); to the west there are limited commercial uses and '-" ....I July 1 0, 2002 Page 2 Subject: Emilio Martinez File No.: RZ-02-012 additional undeveloped property. To the east, is an area of residential homes (multiple family). The Future Land Use Classification of the surrounding area is RU (Residential Urban). fiRE/EMS PROTECTION: Station #7 (4900 Ft. Pierce Boulevard), is located approximately 2 miles to the southwest. UTILITY SERVICE: Water and Sewer service will be provided by St. Lucie County Utilities Department. TRANSPORTATION IMPACTS RIGHT-Of-WAY ADEQUACY The existing right-of-way for the Turnpike Feeder Road is 100 feet. As part of any final development plans for this property, a dedication of 15 feet of property will be required for future right-of-way needs along the Turnpike Feeder Road. SCHEDULED IMPROVEMENTS: None. TYPE Of CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. *************************.*.******* STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following·determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code and specifically has met the standards of 11 .06.03. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; '-' ....I July 10, 2002 Page 3 Subject: Emilio Martinez Fife No.: RZ-02-012 The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. The request is compatible with the RU (Residential Urban), which allows the CO (Commercial, Office) Zoning District and the following specific policies of the Future land Use Element: Policy 1.1.8.4 Limited development of commerciaVnon- residential uses will be allowed within areas classified for residential use, provided that these activities are compatible with the adjacent land uses and meet the following standards: 1. The intent of the commercial use is to provide easily accessible, convenience-type uses to immediately surrounding residents; 2. The property for which the commercial designation is sought is located on an Arterial or Major Collector; 3. Conversion of the petitioned property would not promote any strip commercial use of land; 4. The use is compatible with surrounding land uses and is provided with adequate screening and buffering of any adjacent residential property; 5. The site does not have direct driveway access onto any local or Minor Collector street; and, 6. The property for which the commercial designation is sought does not exceed 10 acres. Policy 1.1.8.7 Restrict strip commercial development to those traffic corridors where such development patterns now exist. The depth of these commercial areas should average 600 feet, with the exceptions to be found at points of arterial intersection. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with existing uses in the area. The properties to the north, south, and west are zoned CN. The proposed CO (Commercial, Office) Zoning District is consistent with the surrounding low intensity commercial land uses. 4. Whether there have been changed conditions that require an amendment; The cited changed condition in the petitioners application is the intent of the petitioner to establish a medical office facility that is not otherwise permitted under the CN zoning district. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, '-" ....,/ July 10, 2002 Page 4 Subject: Emilio Martinez File No.: RZ-02-012 including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. A Change in zoning is considered to be a preliminary development order and no specific concurrency statement is required at this stage of development review. Prior to the issuance of a Final Development Order, Site Plan, Building Permit or Zoning Compliance, a Certificate of Capacity will be required that demonstrates that there are adequate public facilities in the area to support such development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. Any future development of this site will be required to comply with all state and local environmental regulations, including tree p rotection/p reservation. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Emilio Martinez, has requested this change in zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District on property located on the east side of the Turnpike Feeder Road, approximately 300 feet north of Palomar Parkway, in the Lakewood Park area of the County. The stated purpose for the rezoning is to develop the property for a dental office. Attached is a copy of Section 3.01.03(R) - CO (Commercial, Office), of the St. Lucie County Land Development Code, which identifies the permitted, accessory, and conditional uses allowed in this zoning district. If a change in zoning is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the \.... ....,¡ July 10, 2002 Page 5 Subject: Emilio Martinez File No.: RZ-02-012 Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. At the June 20,2002, meeting of the Planning and Zoning Commission, by a vote of 7 to 0, with two members (Mr. McCurdy and Mr. Jones) absent, the Planning and Zoning Commission recommended approval of the change in zoning. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Board approve the petition for a change in zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District. It should be noted that as of this date we have not yet received any specific development plan for this property. Although a change in zoning cannot be conditioned, staff would notify the petitioner that at the time a Final Development Plan is submitted to the County for review, there will be the need to convey certain rights-of-way for the planned improvements to the Turnpike Feeder Road. Any dedication of right-of-way would be considered eligible for Road Impact Fee Credits. In addition, staff would note that prior to any Final Development Order being issue on this site, a full tree survey would be required. The petitioner is encouraged to work with the County's Environmental Resource Staff to design this site in manner that protects/retains as many of the trees on this property as possible. Attached is a copy of Draft Resolution 02-143, which, if approved, would grant a change in zoning from the from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District. If you have any questions, please let me know. SUBMITTED: DJM MARTINEZ-MEMOREVISED1 (H) cc: County Administrator . County Attorney Public Works Director Planning Manager Emilio Martinez \.r- ..., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION 02-143 FILE NO.: RZ-02-012 A RESOLUTION GRANTING A CHANSií: IN ZC>NING FROM THE FROM THE CN (COMMER l, Ni.:!ipH .. QOD) ZONING DISTRICT TO THE CO MM RiCtAL, ZONING DISTRICT OF CERTAIN TY IN S COUNTY, FLORIDA WHEREAS, the Board of County Commissioners & testimony and evidence, including but not limited determinations: ty, Florida, based on the as made the following Emilio Martinez. presented a petiti Neighborhood) Zoning District to t described in Part A below. 1. from the CN (Commercial, Zoning District for the property 2. nd Zoning Commission held a public least 10 days prior to the hearing and 500 feet of the subject property, and sioners approve a change in zoning from strict to the CO (Commercial, Office) Zoning elow. 3. eld a public hearing on the petition, after publishing notice at and notifying by mail all owners of property within 500 feet 4. in zo has satisfied the requirements of Section 11.06.03 of the St. elopment Code and is consistent with the goals, objectives, and unty Comprehensive Plan. 5. zoning is consistent with the existing and proposed use of property area. IT RESOLVED by the Board of County Commissioners of S1. Lucie posed Change in the Zoning District Classification from the CN (Commercial, hborhood) Zoning District to the CO (Commercial, Office) Zoning District for that property described as follows: File No.: RZ-02-012 July 16, 2002 Resolution 02-143 Page 1 '-" ....." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 LOTS 4 AND 5, BLOCK 171, LAKEWOOD PARK UNIT 12A, A THEREOF RECORDED IN PLAT BOOK 11, PAGES 35 THROUG ST. LUCIE COUNTY, FLORIDA. (Location: East side of the Turnpike Feeder R Palomar Parkway - Lakewood P owned by Emilio Martinez, is hereby approve B. The St. Lucie County Community Developmen cause the change to be made on the Official Zo make notation of reference to the date of adop . After motion and second, the vote on this Resolutio Chairman Doug Coward Vice-Chairman Cliff Barne Commissioner Frannie xxx xxx BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney DJM 02-143a File No.: RZ-02-012 July 16, 2002 Resolution 02-143 Page 2 '-' ...,¡1 'I.wm Z N Q) C C\J .- t r- CU 0 ~ ~ 0 .0 N .- E IT: W " ~¡ .Ø' ¡ ~ " ~gr i .~(!) ! ~ ~ ~ ~ \ (. , ... ~ Z :::J 0 ü U)+=ï "-' CU .... -- a: 0° ~ '-0 I ö: o....--.J I ... ; :lI If ~ = .. I II: I ~ .... "'... 0 ~ .... -- ~ :::J o Ü ~ ... .. II: Q~ 3M' ... z :lI ~ <: II: :2 . ... . .," "..*4+ ~ .. .. II: ~ 5 ... .. .. S þÇ 1 S S[ 1 A1.NnOJ 3380HJ33>lO CN (Commercial, ~ 5 6 7 8 9 15 14 /J 12 Imperial ~ 5 6 8 7 29 2B 27 26 25 9 B 9 8 9 B 8 7 10 7 10 7 10 7 Q) ::J 6 " 6 " /I C 6 Q) Q) ~ 5 /2 Q) 5 12 0 5 /2 5 .D (/) ~ C 4 /J 4 /J >, ~ 0 0 Q) (/) ...J C J 14 J 14 J 14 I... J 0 C 2 /5 /5 2 ~ 0 2 /5 2 Q) Q) 0 16 16 16 Miramar Avenue Grapefruit Street I I ~¡5¡6 ~ 15 I 4 J 2 1/ + RZ 02-012 ~h~~~ f r / / / / / /) <il~ .~. "-=- This pattern indicates Map prepared May 21, 2002 subject parcel D* mIIp 11M ~ œmpIed lar~pWftlg ifill ~ ~~. N ~-V-'bt""~målllprU\Adt...",,*OUII'IIIIf'll___ ~~'''nd:lnlilndedlor......~bn;lilg~ Martinez 4 5 6 7 15 14 IJ 12 Imperial 4 5 6 7 8 29 26 2S 10 "' c 1'lI~-- g / I Q) IJ I 12 I II 0 I I 2 IS 8 R 5 9 8 7 10 7 10 7 Q) :l 6 II II C 6 Q) Q) > Q) 5 /2 0 5 /2 <: 5 .0 U1 'ë 4 IJ 4 IJ >, 4 0 0 Q) U1 -l C J 14 J 14 L J 0 .- 2 15 2 15 ::.::: 2 16 16 8 9 T 10 6 U 5 12 4 J 14 16 Miromor Avenue RZ 02-012 5Çr~~..~.~ GIS.. .=..",.".-=0. Street ~'i'~ t CG r / / / / / /j :~~j~~~~r~~lndicates Map prepared May 21, 2002 ¡ llûlMpe-MM~b~plInW>g.ro~po..poMlIony N Vot1h.-y 1lfI'o1'" ~ n..a g pnI¥ldII tw n-aCVfWI:n ~ lllb1nIIicnpclUil*.llInat~b'......~~do::vnenl Emilio Martinez ~ 5 6 7 8 9 15 I~ IJ /2 Imperial ~ 5 6 8 7 ø 29 28 Z7 26 25 12 ~ 9 B 9 B 9 B 10 7 10 7 10 7 (l) :J /I 6 /I /I C 6 (l) Q) > /2 5 /2 0 5 12 <C 5 (l) .D (f) /J 'ë ~ /J ~ /J >-. ~ 0 0 (l) (f) -1 C /<I J /<I J /<I '- J 0 15 2 /5 2 15 :::.::: 2 16 16 16 Grapefruit Street I ~5 I ~ J 5 I ~ J 6 + I :JTh~~' t ~~ ~>--= Map prepared May 21, 2002 J , 11I~-- I I I /:5 I /2 I /I I J c o (l) (l) o 2 Miramar Avenue COM RZ 02-012 Vllllllj This. pattern indicates L___ subject parcel ~m.pt...t-loarnpledb~~.-.d...r..n:.~frtr· N ....,... -rtlllcn"- bMn"*,-1O plQ'YiØIh ~CU'f*'lt.-.d azanIe ~~.ll:.noI~b.........,.~~ Emilio Martinez RZ 02-012 r / / / / / / J :~~j~~~~r~eilndicates 5frÁ~~~ Gl~, ~""""~'-=- Map prepared May 21, 2002 TNt mIP ,.. bien ~ tor glrIllI'lIIp1rnng Md ~ lllIpOMI odr N WI"oM..., e/bl:~ '-" muM kI prcMiI!h. "",.Q.OfWIlW\d-.-. hlCJnN1Ic)n poMtit.~. roOInenòecllol....... ~tiIri'lg donnwll ~" ~¡:¡.~;ç~~~ F2~' - _;_,:,C'~'-'~ ;:j ~ ~ £ J 'w ~ Y'¡..iiø.t I.",,<I-..¥ (.",:-;~::,","l" 'W ,,' ,. '.J' . ~O"l\~.IG f:;' E~~·~:·F',n¡;·¡g &. !.\til\i'1\t CGMi,1~SSmN IWPROVAl Hank Flores, presenting Staff comments, stated that Agenda Item # 4 was the application of Emilio Martinez for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District for 1.08 acres of property located on the East side of the Turnpike Feeder Road, approximately 300 feet north of Palomar Parkway. He continued that the stated purpose for the rezoning is to develop the property into a dental office. He also stated that the surrounding zoning is CN (Commercial, Neighborhood) to the South, north, and west with RM-5 (Residential, Multiple-Family - 5 dulacre) to the east. "" AGENDA ITEM 4: EMILIO MARTINEZ - FILE NO. RZ-02-012: Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Matthes requested that a letter from the Bel-Aire Estates Homeowners Association be read into record. Ms. Gilmore read the following: "This letter is in response to your letter dated June 8th, 2002 concerning the rezoning of property within 500 feet of 5106 TurnpIke Feeder Road. On behalf of the Bel-Aire Community Hall located at 325 Pandora Avenue, we have no objection to the rezoning of 5106 Turnpike Feeder Road from Commercial, Neighborhood to Commercial, Office by Dr. Emilio Martinez. Respectfully submitted, Diane E. Shaw, President, Bel-Aire Estates." Chainnan Matthes questioned if the petitioner was present. Mr. Emilio Martinez came forward and stated that he was the petitioner for this application and thanked the Commission for considering his petition. Chairman Matthes opened the Public Hearing. ,. , Seeing no one, Chairman Matthes closed the Public Hearing. Mr. Merritt stated that after considering the testimony presented during the public hearing, including Staff Comments, and the Standards of Review as set forth in Section 11.06.03, S1. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the S1. Lucie County Board of County Commissioners grant approval to the application of Emilio Martinez, for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District because it fits in with the existing land use. Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed unanimously (with a vote of 7-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting June 20, 2002 Page 22 Ju.l:'14-ZØ0Z FRI Ø7:~ 10: It.L: '-' ~ PlEASE DEUVf. IMMEDIATElY TO ;lD \) ,6-JJ fl-tto lL\. nA.ð.:f:l~--- FAX LJC:>z- - I çrs 1 fRONt: 'Do..,/ ð~ l!ão'Z- Total rases: 2- M E ..G::. .~ ):.\ / \'~ ~A \':~:~:' , ~a..7 .\.~). '\( ;,' ,"._~ /--::../~)-7 lI. ~ ~~,,: \\ \:~ \ ./ ,,¡\v "\ \ ~ -<:i"'." . \\ :,:\ >'.-:;:; (l~\<C::-J ... ,,:\'~"" .-'"'".;, ' , :. .......':'.~ "-" ;"- ~... s 5 A G E ROM ¡9~ FAX PHONE 7bf- 4"'-1- .¿?'fi'1 " '.....1.,1_ ,.n.. ".... ...,.c. ....r. I'biIId I'erdng o.....-w. ~....Inc. 1997 JUN~t4-ZØ0Z FRI 07:52 10: 1c.L ; .. ~ ....I .n-........n.1II HOMlOWMDI ....1'OCL\1I0M. INC. 328 Pandora Avenue Fort P~erce, Florida 34951 Oi;lne E. Shaw, presldent Roger Nettles, Vice President S.Uy Erkel, Secretary Vel Guindon, Treasurer June 14, 2002 St. Lucie County Planning and Zoning Board Attn: Stefan Matthes, Chaìrman f ThiS letter is In response to your tetter dated June 8th, 2002 'C:Oncemil19 the reronlng of property within 500 feet of 5106 Turnpike Feeder Road. On behalf of the Bel-Alre Community Hall located at 325 Pandor. Avtlllue.. we have no ob- jection to the rezoning or 5106 Tumpllœ Feeder Road from commercial neighborhood to commercial Office by Dr:. emilio Martin~. Respectfully submitted, a£~~~ '. . Diane E. Shaw President, Bel-Aire Estates ~_~-~ ~:í \'Z rr~ . .------.(;ú % \1 ~.\\..\... . ,..-,\ ~ ':0 ~ \ \ " \.\ ~ ,-....:...-- \ ~ \', ,,,II 'ðl1l- ,[); \\ f'\ ~ \ A _..\ \ \\.,~ \ _~8.ÕPMtN1 \ \ .....-,\-ri o'é: '''l fL..-· .,.out.. ~·cr'\\\l·, .~---- cO-:"""1.·"- t;.\t: .:;::.::--... \ c:'. Lt,. '..- ,,-~".-". '-' ...., AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, July 16,2002 7:00 P.M. EMIliO R. MARTINEZ, has petitioned St. Lucie County for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District for the following described property: Location: 5106 Turnpike Feeder Road. Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners July 5, 2002. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on July 5, 2002. File No. RZ-02-012 ~ ..." BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR July 5, 2002 In accordance with the St. Lucie County Land Development Code, you are hereby advised that EMILIO R. MARTINEZ, has petitioned St. Lucie County for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District for the following described property: Location: 5106 Turnpike Feeder Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The second public hearing on the petition will be held at 7:00 P.M., or as soon thereafter. as possible, on July 16,2002, County Commissioner's Chambers, St. Luck County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida.. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 56//462-1582 if you have any questions, and refer to: File Number RZ-02-012. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~~~/&~ Doug Coward, Chairman JOHN D. O~UHN. DistriCT No.1' DOUG COWARD. DiSTriCT No.2' PAULA A. LEWIS. D"'f1c, No. J . mANNIE HUTCHINSON. District No.4' CLIFF OARNES. DistricT No 5 Counry Adminisrroror - Douglos M. Anderson 2JOO Virginia Avenue . Fort Pierce. FL J4982-5652 AdminiSTration: (561)462-1590 . Planning: (561)462-2822 . GISiTechnical Services: (561) 462-155J Economic Development: (561) 462-1550 . Fox: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fax: (561) 462-21 J2 ST.LUClE COUNTY BOARO'Of COMMISSIONERS PUBllC HEARING AGENDA July 16, 2002 . TOWHOMITMAYCONCERN: NOTICE is h«eby given in accordance with Section . 11.00.03 of Ihe 51. Lucie County Land D~ Code ;-. and in occocdonce witt¡, the provi"¡ions d the St. Lucie County Comprehen$jve Pion, that the foUowing oppliconh have requested that the Sf. Lucie County Boord of <;ommi¡. ¡loners consider their foflowing requests: ,. EMILIO R. MARTINEZ. for 0 Cflange in Zoning from the eN (Commercial, Neighbc:whoodl Zoning DimK:t 10 the CO /Comme.--ciol. Office) Zoning District for the f~'owing des<ribed property: LOTS 4 AND S. SLOCK 171. LAKEWOOO 'PARI( UNIT 12A ACCORDING TO THE PLAT THEREOf RECOROEO IN ?LA T SOOK , I, PAGES 3S THROUGH 37. PUSlIC RECORDS Of ST. LUCIE COUNTY. flORIDA. locafion: 5106 T ornpike feeder Road. 2. SUNRISE TRACTOR AND EQUIPMENT. f",.an._ sion 10 0 Conditional Use Permit to allow the «IfoiI sal. of form ~uipment and related accessories in the A~ 1 (Agri_ cullurol - 1 du/oae' Zoning District fot the following described prOperty: . Parcell: F ROM THE NORTHEAST CORNER OF THE NORTHWEST .. QUARTER Of SECTION 27. TOWNSHIP 3S SOUTH, . RANGE 3~. RUN SOUTH ALONG THE QUAUU' SEC- TION LINE I' 28.04 fEET TO A POINT ON THE SOUTH . RIGHT-Of.WAY LINE OF STATE ROAD 70, AlSO KNOWN AS OKEECHOIlfE ROAD; THENCE.FOlLOW- . ING SAID SOUTH RIGHT-Of-WAY LINE RUN SOUTH 72"21'30' WEST, 2SS.00 FEET TO THE POINT Of SEGINNING; THENCE CONTINUE AlONG SAID RIGHT·OF-WAY LINE, SOUTH 72"21"30' WEST, 680.00 fEET; THENCE LEAVING SAID RIGHT-Of_WAY LINE RUN SOUTH 20"28'30' EAST, 2.(5.00' fEET, THENCe . RUN NORTH 6.("32' EAST. 622.77' FEETrTHENŒ.RUN NORTH 168 FEET TO'THE POINT OF 8EGlNNlNG.' LESS AND EXCEPT RlGHT-Of.WAY fOR OIŒEOtOlEE, ROAD. . . . P""ei2, . COMMENCE AT THE NORTHEAST .CORNR·OFTHE NORTHWEST ONE-QUARTER Of SECTlON 71, TOWN- SHIP 3S SOUTH, RANGE 39 EAST. ST.:\.UÇfE,CQl.jNtv; FLORIDA; THENCE SOUTH: AlOtlG THE EAST LINE Of THE SAID NORTHWEST' ONE,QU,AATER OF SECTION 27, A 'DISTANCE Of 11211.0.( FEfT, TC? .THE ~ TlON WITH TH~ "OlO~SOUTH RIGHT.()l<.WAYlINj; Of STATE ROAD 70 .(~OBEE ROAO¡ THÉNCE ~ 71 "21 '30' W, AlONG THE SAl.O"OlO" SQtJTH:.RlGHT. Of-WAY LINE. A DISTANCE OF ?JS:OO·fEET,.TO THË WEST LINE OF THAT PAlCa OF lANO AS OESCRlIlfO IN.O.R.IlOOK 197, PAGE 781,PUBUC RECOltOSOF.ST. LUCIE COUNTY, THENCE·S 20"28'30" E. ''''''O!-iG,:THe . WEST LINE OF SAID PARCEL AS DESCRl8ED ·IN·O.R. BOOK 197. PAGE 787. AOISTANCE OF 2.($.OOnriTO ..' THE SOUTHWEST CORNER Of SAlO PARCEl. ·THENCE· :..... N 64°32'0!J" E. AlONG SAID SOUTH \lNE, ~ DIS- ,:. T ANCE Of 100.00. FEET TO THE PoiNT Of BEGIN- . NING OF THE .FOlLOWlNG D~CRIØEO PARgli:·-. THENCES OS"'SJ'W E À 'otSTANCEOF'293iÚEEr, . THENCE N 6.(°0.('.(9'" E A DISTA/olCE·OF·'(91.83FEfT, THENCE N 00"23'1S"'W A OfSTANctOF JOS.22·FEET TO THE SOUTHEAST CORNER OF THE AFORESAID PAR- CEL OeSCRlllfD IN 0.1. BOOK 191. PAG!: 787, THENCE S 64°32'00' W, AlONG THE SOUTH LINE OF MORE- SAID PARCEl. A DISTANCE Of 52277 FEET TO THE POINT OF S·EGINNING. ICONTAlN·ING3.21 ACRES, .MORE OR LESS) location: 9901 Okeechobee Road. Soutfl side of Okeechobee Rood, approxImately One-third mile '«odof Gentile Road. PUBLIC HEARINGS will be held in cOmmission' Chambers, Roger Poitras An~l(, 3rd Floor, Sf. lucie County Adminfs- frotÎOn Building. 2300 V-wginia Avenue. Fort fÞ"..œ. Florida . on, July 16, 2002. beginning C1t 7:00 P.M. or as soon thereafter os pouible. . PURSUANT TO Section 286.0105.. Florida Statutes, If' a: penon decid~ 10 appeal ooy decision made by a·boan:~.· agency. ~ commission with respect to any mofta' consid- ered at a meeting or hewing. he wfll need Q record of the ~ proceedingt. and Ihot, for wch purposes. he may need to' ensure that a verbatim record of the pr:oceedings is made.: which recOf'd includet the testimony and evidence u~ ¡ which the appeal is to be bose.d. BOARD OF COMMISSIONERS ST. LUCIE COUNTY. fLORIDA /51 Doug Coward, CHAliMAN Publi-sh; July 5. 2002 . 2468119 . E 2 The Tribune Fridav. Julv 5. 2002 ,¡ \ <c. - '\ '-' ..", Planning and Zoning Commission Review: 06/20/02 File Number RZ-02-012 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager ~ DATE: June 13, 2002 SUBJECT: Application of Emilio Martinez for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District. (File No.: RZ-02-012) LOCATION: East side of the Turnpike Feeder Road, approximately 300 feet north of Palomar Parkway EXISTING ZONING: CN (Commercial, Neighborhood) PROPOSED ZONING: CO (Commercial, Office) RU (Residential Urban) FUTURE LAND USE: PARCEL SIZE: 1.08 acres PROPOSED USE: Dental Office PERMITIED USES: Attachment "N - Section 3.01 ;03(R) CO (Commercial, Office) - contains the designated uses, which are pennitted by right, pennitted as an accessory use, or pennitted through the conditional use process. Arty use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are designated as prohibited uses for that district SURROUNDING ZONING: CN (Commercial, Neighborhood) to the South, north, and west. RM-5 (Residential, Multiple-Family - 5 du/acre) to the east. SURROUNDING LAND USES: The general existing use surrounding the property is limited commercial to the north, south, and west. Residential to the east. .' ,. '- ..,J June 13, 2002 Page 2 Subject: Emilio Martinez Fife No.: RZ-02-005 The Future Land Use Classification of the surrounding area is RU (Residential Urban). FIRE/EMS PROTECTION: Station #7 (4900 Ft. Pierce Boulevard), is located approximately 2 miles to the southwest. UTILITY SERVICE: Water and sewer service will be provided by St. Lucie County Utilities Department. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for the Turnpike Feeder Road is 1 00 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following detenninations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code and specifically has met the standards of 11.06.03. - 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. The request is compatible with the RU (Residential Urban), which allows the CO (Commercial, Office) Zoning District. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with existing residential uses in the area. The properties to the north, south, and west are zoned CN. The proposed CO (Commercial, Office) Zoning District is consistent with this zoning district. '- ...", June 13, 2002 Page 3 Subject: Emilio Martinez File No.: RZ-02-005 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Any development will need to demonstrate that there are adequate public facilities in the area to support such development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. Any future development of this site will be required to comply with all state and local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Emilio Martinez, has requested this change in zoning from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial, Office) Zoning District on property located on the east side of the Turnpike Feeder Road, approximately 300 feet north of Palomar Parkway. The stated purpose for the rezoning is to develop the property into a dental office. Attached is a copy of Section 3.01.03(R) - CO (Commercial, Office), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in this zoning district. If a change in zoning is approved, the applicant, by right, " \w ....¡ June 13, 2002 Page 4 Subject: Emilio Martinez File No.: RZ-02-005 would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. If you have any questions on this matter, please contact this office. Attachment hf cc: County Administrator County Attorney Emilio Martinez File '- ...I Section 3.01.03 Zoning Oisfrict Use Regulations a. CN COMMERCIAL. NEIGHBORHOOD 1 . Purpose The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in wOw following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2:00.00 of this code. 2. Permitted Uses a. Beauty and barber services. (723/724) b. Civic, social and fraternal associations (8641) c. Depository institutions (60) d. laundering and drydeaning (self-service). (7215) e. Real estate (65) f. Repair services: (1 ) Electrical repair. (762) (2) Shoe repairs (725) (3) Watch, dock, jewelry, and musicallnslrument repair. (7631) g. Retaillrade (each bUilding shall be less than 6,000 square feet gross floor area, all uses inclusive): (1 ) Antiques (5!132) (2) Apparel and accessories. (S6 (3) Books and stationery. (S942i59431 (4) Cameras and photographic supplies. (5!H6 (5) Drugs and proprietary. (S!i12 (6) Eating places (5812) (7) Rorists. (5992) (8) Food stores (54) (9) Gifts, novelties, and souvenlrs..(5947) (10) Hobby, toy and game shops (594S (11 ) Household appliances (S72 (12) Jewelry_ (5944) (13) Newspapers and magazines. (5994) (14) Optical goods. (5995) (15) Nurseries, lawn and garden supplies. (526 (16) Radios, lVs, consumer electronics and music supplies (573) (17) Sporting goods and bicycles. (5941) (18) Tobacco products. (S993 h. Video tape rental (784) 3. lot Size Requirements Lot size requirements shall be in accordance with Sectlon'7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. Adopted August 1. 1990 114 Revised Through 08101/00 '- '-' Section 3.01.03 Zoning District Use Regulalions 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Car Washes (Self Service Only) - subject to the provisions of Section 7.10.22. (999) b. Day care - adult (8322) - child (8351) c. Postal services. (ml) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (_) (2) Undistilled alcoholic beverages accessory to retail sale offoad. (592I-E>oœplforliquorl e. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses AccessOl)' uses are subject to the requirements of Section 8.00.00 and include the followin!il: a. b. Drinking places (undislllled alCoholic beverages) accessory to an eating place. (999) One dwelling unit contained within the commercial building, foran-site security purposes. (999) Adopted August 1. 1990 115 Revised Through 08101100 (~<. ì (~ l ....~---. \ '- ,..¡ Section 3.01.03 Zoning District Use Regulations R. co COMMERCIAL. OFFICE 1 . Purpose The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings. The number in "(t following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined unûer the SIC code but may be further defined in Section 2.00.00 of this code. 2. Pennitted Uses a. AdjustmenUcollection & credit reporting services (732) b. Advertising (7311 c. Communications - except towers ("81 d. Computer programming, data processing and other computer related services (137) e. Contract construction services - office only (15.16,17) f. Duplicating, mailing, commercial artIphotography and stenographic services (7331 g. Engineering, accounting. research, management & related services (87) h. Executive, legislative. and judicial functions (91.92.93,IM.95.96.97J i. Finance, insurance, and real estate services (60.&1.62.63.64.65.67) j. Health services - except nursing homes and hospitals (80) k. Membership organizations. except religious organizations (86 I. Miscellaneous business services: (1) Detective, guard·and annored car services (7381) (2) Security system services (7382 (3) News syndicate (7383 (4) Photofinishing laboratories (7384) (5) Business Services - misc. (13891 m. Personnel supply services (736) n. Social services: (1) Individual & family social services (832IIl39) (2) Job training and vocational rehabilitation services (8331 o. Travel agencies ('1241 3. Lot Size Requirements Lot size requirements·shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements ~ Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements -, Landscaping requirements are subject to Section 7.09.00. Adopted Augusl1. 1990 116 Revised Through 08101100 '- ...,,; Section 3.01.03 Zoning District Use Regulations 7. Conditional Uses a. Child care services (835) b. Television and radio transmitting towers (9991 c. Telecommunication towers - subject to the standards of Section 7.10.23 (9991 8. Accessory Uses Accessory use are subject to the requirements of Section 8.00.00 and include the following: a. Eating and drinking places (undisblled alcoholic beverages as an accessory to a restaurant). b. Postal services. (431 ¡. Adopted August 1, 1990 117 Revised Through 0810 1/00 (" ( '- C' ~~ 'WI June 8, 2002 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St Lucie County Land Development Code, you are hereby advised that EMILIO R. MARTINEZ, has petitioned St. Lucie County for a Change in Zoning from the CN (Commercial, Neighborhood) Zoning District to thc-CO- (Commercial, Office) Zoning District for the following described property: Location: 5106 Turnpike Feeder Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The fIrst publú: hearing on the petitWn will be held oJ 7:00 P.M., or as soon thereafter as possible, on Thursday, June 20, 2002, County Commissioner's Chambers, St. Lucie County Administrcitïon Building Annex, 2300 Vuginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request If it becomes necessary, a public hearing may be continued to a date~rtain. Anyone with a disability requiring accommodation to attend this meeting should contact the -St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to: File Number RZ-02-012. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION ~L_ 'j?{/DI#~ I ~ ........-St~fa:~hairman JOHN D. ORUHN. Oimicr No.1' OOUG COWARD. Di"'i'" No.2' PAULA A. LEWI~. Din'i'" No. J . FRANNIE HUrcHIN~ON. Oimic' No.4. CUFF OARNES. O¡",icr No.5 Counry AdmlnisffOfOf . Douglas M. Anderson 2JOO Virginia Avenue . FaIT Pierce. FL J4982-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 . GISlTechnical Services: (561) 462-155J Economic Developmenr: (561) 462-1550 . Fox: (561) 462-1581 ToutisrfConvenrion: (561) 462-1529 . Fox: (561) 462-21J2 , . '"' ST. LUCIE COUNTY, PLANNING AN(}r· . ZONING COMMISSION' : PUBLIC HEARING AGENDA June 20. 2002 TO WHOM IT MAY CONCERN, NOTICE is he<eby given in aecor-dance with Section 11.00.03 of the SI. lucie County land Development Code and the provisions of ~ the St. Lucie Coonly Com- i f»rehensive Plan. the follow- ¡' Ing applicants hove requested that the St. lucie I County Planning and Zan-. ing Commission consider- their fQlI~wing.requesfs::'\~·, 1. EAST FLORIDA PRIM': TI.VE BAPTIST DISTRICT ASSOCIATION. INC.. for a Conditional Use Pe<mit' to ' allow Educational Services. and Faciiitie. in the I (Iri~t¡- Mjanal) Za.ning District far: thè fallòwirig descrlbj,d . p~,?perty:~ .;J ..' . THE"NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 32; TOWNSHIP 34 SQUtI:V RANGE 40 EAST. lESS' THE 'EÀSr 15600.00 FEET. THE WEST 371.54 FEET¡ THE NORJH 13S.00FE¡:T. AND THE RIGHT-OF-WAY FOR JÚA. NITAAVENUE. .. Lacatian: :3950 JUllnita Avenue~·-~· . 2;' EMIliO' R: MARTINEZ far a' Cha~ge . in Zaning . From '.the "eN . (COl1imèrciè;Ç NeighbOrhood) Zaning Dis- trict to the CO (Commer- cial. Office) Zoning District far the fallawing described praperty: . LOTS 4 AND 5. BLOCK 171, LAKEWOOD PARK UNIT 12A. ACCORDING TO THE PLAT THEREOf RECORDED IN PLAT 'BOOK 11, PAGES 35 THROUGH 37. PUBLIC RECORDS Of ST. LUCIE COUNTY, flORIDA location;. 51 06 Turnpike Feeder Road. ...., .... PUBLIC HEARINGS will be held in Commission Cham- bers. Roger Poitras Anne.. 2300 Virginia Avenue. Fort Pierce. Flarida on June .20, 2002. beginning at 7:00 P.M. 0< os soon thlreofter os -possible.. . . w. PURSUANT TO Seclioñ 286:0105. Florida SIoMes. if a persan decides; "to . ap~1 any decision ~ '. by 0 boord:ogency; ~ '. commission with re'spocf'to any malter conside"l'! àI a meeting or ~eoriOg;'!>e'will need a record of the·: pro.. ceedings. and that, for such ·purposeS. I\e' may' 'neelllÒ' ensure that 0 verbäiim record of the proceedings is mode. Which· rec:orQ includes the tesfllllOt1y'~ evlclence upon whldí'1hè âppealls to ¡;¡¡ bosèd:' . ; ," 'C\ o '0 ~: . (1$: .. Q)-. :§: ,-' ::;:; t1Í ". .... .~. . ~êO_. . C/?; ;. $.. PLANNING AND ".C· iZONJNG COMMISSION· . Ê ,ST.. LUC;IE Co.lJNr:, .~...:~,.. . ._. FLORIDA,. ..' . Þ /S/ Stefan Matlhes~;: ~/ CHAtRMAN"'" ,. "." I ~:I' . Publish: June 8. '2002 . : ." '.: 2446901 . ; i I , , I i I II íi Ii i , Ii IJ Ii 'I I 'I II II '" <I.l u Of QJ rJ:¡ = Q := ~ IS ... -S = .... y :a Q" ~ ... 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July 16, 2002 Consent Regular Public Hearing Leg. [ ] ] ] X ] Quasi-JD [ X ] To: Submitted By: Board of County Commissioners Community Development Director SUBJECT: Consider Draft Resolution 02-047 approving the request of Gulf Stream Natural Gas Systems, for a Conditional Use Permit approval to allow for the construction and operation of the first segment of the natural gas pipeline to be known as Gulfstream Gas Pipeline. (File No.: CU-02-Q02) The petitioners. Gulfstream Natural Gas Systems, are requesting approval of a Conditional Use Permit that would allow them to construct a portion of the interstate natural gas pipeline project to be known as the Gulfs/ream Natural gas pipeline. This overall project is a 744-mile natural gas pipeline that will begin in two onshore collection! pumping areas in coastal Mississippi and Alabama, cross through the Gulf of Mexico, making landfall in Manatee County, Florida (south of Tampa Bay) and then extend across the State of Florida to service markets in Central and Southeastern Florida. This pipeline will have the capacity to transport 1.1 billion cubic leet of gas per day into the State of Florida. According to the filings made with the County, this pipeline project is designed to primarily serve utilities and power generation facilities in the State that will use high-efficiency, natural gas turbines to meet the increased demands lor electric energy. BACKGROUND: The portion of this project that lies within St Lucie County will enter the County at the southwest comer of the County where Martin, Okeechobee and SI. Lucie County's touch each other. In general, the pipeline route will parallel the Florida's East Coast Railroad Line that comes into the County from the "Glades" areas. This pipeline will first enter the County along the north side of the railroad corridor and then in the vicinity of Range Line Road, it will cross over to the south side of the railroad corridor. The pipeline is not proposed to occupy any railroad right-of·way, other than the two points where it will cross the railroads right-of-way. Gulfstream proposes there to be two phases of pipeline construction in SI. Lucie County. The first phase. and the phase that is subject to the Boards Conditional Use review, will run from the southwest corner of the County line to the area of the Midway Road/I-9S Interchange. At that point. the line will end until a future application is filed that will provide for a northe~y extension of this line to the vicinity of the proposed Capline Power Plant Facility in Indian River County. Prior to that new line being certified for construction, the applicant will need to comply with all applicable local and state regulations governing the construction of a linear transmission facility, and will be subject to further Conditional Use review by this Board FUNDS AVAILABLE: PREVIOUS ACTION: N/A RECOMMENDATION: The Planning and Zoning Commission, by a vote of 7 to 0, with two members absent (Mr. Mathes and Mr. Trias), recommended approval of the Conditional Use Permit at its May 16, 2002 meeting. Staff recommends the that the Board of County Commissioners approve, through Resolution 02-047, the petition of Gulfstream Natural Gas Systems for a Conditional Use Permit to allow for the construction of the SI. Lucie County portion (line segment 600) of the Gulfstream Natural Gas Pipeline pursuant to Section 03.01.01 (D) of the SI. Lucie County Land Development Code. The specific corridor alignment is to be a 300 foot corridor centered on the Florida East Coast Railroad K·Branch line from the intersecting point of the Martin, Okeechobee and SI. Lucie County lines northeaste~y to 1-95 then north along and inside the Florida Power And Light easement running from Glades Cut-Off Road t Midway Road substation property. Coordination! Signatures Mgt. & Budget: Other: ~ ~ COMMISSION ACTIOO ~ APPROVED DENIED D OTHER (5-01 Douglas M. Anderson County Administrator County Attorney k Originating Dept.: Finance: Purchasing: Other: '- """'" , COUNTY COMMISSION REVIEW: July 16, 2002 Resolution 02-047 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: July 9, 2002 Subject: Petition of Gultstream Natural Gas Systems, for a Conditional Use Permit approval to allow for the construction and operation of a natural gas pipeline, to be known as Gulfstream Natural Gas Pipeline, per Section 3.01.01 (D) Transportation and Utility Rights-ot-Way, of the Land Development Code. (File No.: CU-02-002) The petitioners, Gulfstream Natural Gas Systems, are requesting approval of a Conditional Use Permit that would allow them to construct a portion of the interstate natural gas pipeline project to be known as the Gulfstream Natural Gas Pipeline. This overall project is a 744-mile natural gas pipeline that will begin in two onshore collection! pumping areas in coastal Mississippi and Alabama, cross through the Gulf of Mexico, making landfall in Manatee County, Florida (south of Tampa Bay) and then extend across the State.of Florida to service markets in Central and Southeastern Florida. This pipeline will have the capacity to transport 1.1 billion cubic feet of gas per day into the State of Florida. According to the filings made with the County, this pipeline project is designed to primarily serve utilities and power generation facilities in the State that will use high-efficiency, natural gas turbines to meet the increased demands tor electric energy. The portion of this project that lies within S1. Lucie County will enter the County at the southwest corner of the County where Martin, Okeechobee and S1. Lucie County's touch each other. In general, the pipeline route will parallel the Florida's East Coast Railroad Line that comes into the County from the "Glades" areas. This pipeline will first enter the County along the north side of the railroad corridor and then in the vicinity of Range Line Road, it will cross over to the south side of the railroad corridor. The pipeline is not proposed to occupy any railroad right-of-way, other than the two points where it will perpendicularly cross the railroads right-of-way. The attached supporting materials generally depict the alignments to be followed. A specific survey line has not yet been established and is still subject to final easement negotiations, however the general corridor, approximately 300 feet wide, has been identified as shown on these maps. The actual areas of construction will be approximately 50 feet in width. Gulfstream proposes there to be two phases of pipeline construction in S1. Lucie County. The first phase, and the phase that is subject to the Boards Conditional Use review, will run from the southwest corner of the County line to the area of the Midway Road/I-95 Interchange. At that point the line will end until a future application is filed that will provide for a northerly extension of this line to the vicinity of the proposed Capline Power Plant Facility in Indian River County. Prior to that new line being certified for construction, the applicant will need to comply with all applicable local and '- ...." July 11, 2002 Page 2 Subject: Conditional Use Permit - Guifstream File No.: CU-02-002 state regulations governing the construction of a linear transmission facility, and will be subject to further Conditional Use review by this Board. Again, at this time, only the first phase of construction is being presented for your review at this time. Although most local regulatory issues effecting linear transmission facilities such as the one proposed are pre-empted by State regulations, Section 3.01.01 (D), of the St. Lucie County Land Development Code recognizes and provides for the fact that there may be impacts of these facilities on a local community that in addition to the state review should be reviewed by the local governing body, in this case, the Board of County Commissioners. For reference, Section 3.01.01 (D), of the Code reads as follows: 'Transportation and utility rights-of-way and the linear portion of transportation facilities, e.g., pipes, pole lines, wires, cables, conduits, pavement rails, drainage and other similar equipment and accessories in connection herewith, shall be permitted in all zoning districts and shall comply, as applicable, with the resource protection and development standards for vegetation protection, protection of environmentally sensitive lands, protection of habitat endangered and threatened species, flood damage prevention and storm water management. Prior to any local certification of consistency for those utility rights-of-way subject to review and approval under Chapter 403, Part II, Florida Statutes, a conditional use review, in accordance with the provisions of Section 11.07.03, shall be required." The Gulfstream Natural Gas Pipeline received approvals from the State of Florida through the "Team Permitting Process" in February 22, 2001. St. Lucie County has not yet been asked to provide the required local certification of consistency for the construction of any portion of this project in St. Lucie County. The first phases of this project, the Alabama! Mississippi to Polk County segments are nearing completion. Construction of the remaining approximately 1/3 of the pipeline length is set for late 2002 or early 2003. Most all major environmental permitting issues, State Air and Water Quality permitting, and other federal and state agency permits have been obtained, at least on a conceptual basis. The County's role in reviewing the petition before you is to review the proposed corridor alignment and to determine if the proposed alignment would contravene any local development code or standard, not otherwise addressed through the State permitting process. On June 18, the Board of County Commissioners was scheduled to hold a Public Hearing on this Conditional Use Petition. At that time, the Board agreed to the request of Gulfstream representatives to continue this matter for one month until the July 16, 2002 County Commission Meeting. In continuing this matter, staff was asked to look into number of questions that were raised at, or just prior to, that meeting. These questions included: 1. Clarification on wetland impacts along the proposed corridor/route. 2. Clarification of how the contractors were planning to cross the public rights of way in this area and would it have any effect upon the operations at the Florida Rock Mining Operation in southwestern St. Lucie County 3. Recognition of the recommended condition of the Planning And Zoning Commission review of this matter. '- """-' ~j;' '" ~ ~j "f. July 11, 2002 Page 3 Subject: Conditional Use Permit- Gulfstream File No.: CU-02-002 flî j:Ji~ The petitioners have obtained permits from the following agencies/Departments: U. S. Fish and Wildlife Service; U. S. Army Corp of Engineers; U. S. Department of Interior; Florida Department of Environmental Protection and the Florida Department of State. The petitioners have indicated that no adverse impacts to the natural environment are expected as a result of either the construction or operation of this pipeline facility. The St. Lucie County Environmental Resource Division has signed off on the environmental portion of this proposed natural gas pipeline. In our previous memo to you staff indicated that there was to the equivalent of 14 +/- acres of wetland impacts along the corridor route. This number was somewhat in excess of prior statements and representation to the County as part of the FDEP Team permitting process that was done last year. In checking back with the project representatives on this question, they have provided an updated table of impacts to the wetlands within St. Lucie County along the "600 line." Review of this table indicates that in fact slightly less than 2 acres of "wetlands" will be impacted by the construction of this facility and that most of those wetlands are in fact agricultural ditches or swales. There is represented to be only about .5 acres of impact into areas referred to "Ponds." A copy of this response is attached to this report for you to review. The quality of this report is limited due to its font size and faxed nature. However, if you have questions about it, please let us now and we will get a clearer copy from the petitioners. Mitigation plans for these wetland impacts were included as part of the over FDEP Team permitting action that was completed in 2001. As noted in our staff report, the petitioners have applied for County permits to cross Range Line Road (south of the intersection of Glades Cut-Off Road), Reserve Commerce Center Drive and Glades Cut-Off Road, just west of 1-95. These are the only public roads crossings associated with the construction of this project. The petitioners will be crossing one private roadway, Reserve Boulevard, but the County will not be involved in any permitting for this crossing. Access disruption issues into the Reserve/PGA Villages should be minimal and there are alternative ways to get into this development. To the best of our information, the petitioner has not committed to any particular type of roadway crossing construction methods or process. However, it is the preference of the County that if crossings are to be made of the public right-of-way, that the crossing be done through a "jack and bore" or similar method of construction that would not cause the roadways to be closed during the installation of the pipeline sleeves. It is recommended that a condition of approval for this conditional use permit read as follows: All pipeline crossings of any public road right-of-way, including the private Reserve Boulevard right of way are to be done in manner that does not involve a cut and fill operation. "Jack and bore" or similar methods of construction shall be employed in the crossing of all public rights of way, including Reserve Boulevard. This method of construction should be sufficient to maintain traffic flows in the area so not to unreasonably interfere with the movement of the public through this area. There are no other alternative travel routes into this part of the county. Staff was also asked to determine of any of these utility installations would cut-off or interfere with any other private property access, most notably access to the Florida Rock mining operations in southwestern St. Lucie County. The Glades Cut-Off Road access point to this mining facility appears '-' ...., July 11, 2002 Page 4 Subject: Conditional Use Permit - Gulfstream File No.: CU-02-002 t; to be in the vicinity of project segment/mile post 10.9. This is an unimproved access point into the mining area. Since Gulfstream will install their pipeline across private property in this area, it is assumed that Gulfstream will make proper notifications to any party in this area as to the specific construction schedules for when they will be doing any pipe installation. If necessary, alternative access routes can then be used in order to avoid any disruption to the properties affected. There does not appear to be any role for the County in this matter. The petitioner has previously stated that they will be utilizing to the best extent as possible existing rights-of-way (roadway and railway) and easements (FPL) within the county. At the time of construction, the petitioners will be required to acquire permission from the controlling entities to utilize these rights-of-ways and easements. For those areas in which there are no easements or rights-of-way, the petitioners will be required to work with the individual property owners in order to gain access through the private properties. The petitioners have stated that they will be utilizing all options available to them with the last resort be condemnation. Finally, staff was asked to note the recommended condition of approval from the Planning and Zoning Commission on this project. In their recommendation of approval, the planning and zoning commission asked that a specific condition be imposed that would specifically call upon the petitioners to keep this pipeline completely underground, with only those meters or safety vales as may be required by law to be above ground. This condition was to read as follows: "The pipeline will be installed completely underground except for the meter stations and valves and any pertinence required by FOOT." There apparently was some concern that portions of this pipeline may be above ground and that it would pose an unnecessary safety risk. It should be noted that the proposed natural gas pipeline is not expected to adversely impact any of the surrounding properties along the corridor route. The pipeline will be underground and all canal crossing will be below grade. There are no planned aerial crossings of any waterways along the corridor route In reviewing the submitted project materials, staff is of the opinion that such a condition is not required since the entire pipeline is already planned to be underground, including the crossing of the C-23 and C-24 canals. In reviewing the submitted project materials, staff is of the opinion that such a condition is not required since the entire pipeline is already planned to be underground, including the crossing of the C-23 and C-24 canals. At the May 16, 2002, public hearing on this matter, the S1. Lucie County Planning and Zoning Commission, by a vote of 7 to 0, with two members absent (Mr. Matthes and Mr. Trias) recommended approval of this petition as set forth in Draft Resolution 02-047, subject to the above cited condition. The proposed Conditional Use Permit meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the S1. Lucie County Comprehensive Plan. '- ..." July 11, 2002 Page 5 Subject: Conditional Use Permit - Gulfstream File No.: CU-02-002 Staff recommends the that the Board of County Commissioners approve, through Resolution 02- 047, the petition of Gulfstream Natural Gas Systems for a Conditional Use Permit to allow for the construction of the St. Lucie County portion (line segment 600) of the Gulfstream Natural Gas Pipeline pursuant to Section 03.01.01 (D) of the St. Lucie County Land Development Code. The specific corridor alignment is to be a 300 foot corridor centered on the Florida East Coast Railroad K-Branch line from the intersecting point of the Martin, Okeechobee and St. Lucie County lines northeasterly to '-95 then north along and inside the Florida Power And Light easement running from Glades Cut-Off Road to the Midway Road substation property, subject to the following condition: If you have any questions, please let me know. SUBMITTED: DJWcs BCCMEMO_REVISED071102A ce: County Administrator County Attorney Public Works Director Planning Manager Environmental Resources Manager Tom Skaggs, Gulfstream Natural Gas Systems '-' .., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION 02-047 FILE NO.: CU-02-Q02 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT APPROVAL FOR GULFSTREAM NATURAL GAS SYSTEMS TO ALLOW THE CONSTRUCTION AND OPERATION 0 A LINEAR GAS TRANSMISSION lÆlN PER SECTION 3.01.01 (D) OF 1t.I:IE (ST.: LUCIE COUNTY LAND DEVELOPM'ENT COD BE KNOWN AS GULFSTRE'ûfUR.Ä PIPELINE FOR PROPER ATED I LUCIE COUNTY, FLORID 3. WHEREAS, the Board of County Commissio testimony and evidence, including but not . determinations: ty, Florida, based on the ort, has made the following 1. or a Conditional Use Permit smission line, to be known as ribed in Part B. 2. ning and Zoning Commission held a after Ishing notice at least 10 days prior to the owners of property within 500 feet of the subject e Board of County Commissioners approve the Conditional Use Permit for the property described 4. 2, this Board reconvened the public hearing on this matter and Itional public comments and testimony. 5. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 6. The proposed project will not have an undue adverse effect on adjacent property, the File No.: CU-02-002 July 18,2002 Resolution 02-047 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '- ...., character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 7. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 8. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on June 18, 2002. NOW, THEREFORE, BE IT RESOLVED by the Board of Ç9!Jnty County, Florida: A. Pursuant to Section 11.07.03 of the S1. LuciefGounty nd De~ Conditional Use Permit for Gulfstream Natural :stems to allow struction and operation of a linear gas transmission lin wn as Gulfstream Natural Gas Pipeline is hereby granted for the prope 'n Part B and as generally depicted in the attached Exhibit B, subject to' dition: B. 1. , including the private . manner that does not e" or similar methods of of all public rights of way, The property on which t follows: mit is being granted is described as n the Florida East Coast Railroad K-Branch line e Martin, Okeechobee and S1. Lucie County orth along and inside the Florida Power And Glades Cut-Off Road to the Midway Road obee County Line northeast to the U95/ Midway Road Intersection.) C. uthorizations granted by this Resolution are for the purpose of permits for a linear gas transmission line and shall expire on July the developer has obtained a building permit approval for the linear g sion line or an extension has been granted in accordance with Section 11.07.05(F) of the S1. Lucie County Land Development Code. E. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Gulfstream Natural Gas Systems, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory File No.: CU-02-002 July 18, 2002 Resolution 02-047 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' I¡ ~'; ....", authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B of this Resolution. F. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this Resolution expire or an extension be pursuant to Section 11.07.05(F) of the St. Lucie County Land a new certificate of capacity shall be required. After motion and second, the vote on this resolution wa,s as follows: Chairman Doug Coward Vice-Chairman Cliff Barnes Commissioner John Bruhn PASSED AND DULY ADOPT RD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney 02-047(cs) File No.: CU-02-002 July 18, 2002 Resolution 02-047 Page 3 ( ~ ::l 8 ( u Õ ::l ..J Iii ~ b w ª a. w Z ::::; w a. ä: ::;: lli g: ~ ::l Cl C w (f) ~ :f a. w ~ )- lD 0 W CJ) (f) 0 a: u CJ) w '5 .) lD a: w ~ '- ......, a 0 ...l a 0 w U :I: :I: " ~ 11 ª v S S :¡¡ I " " ~ "0 2 " '0 "0 on U w w ... 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Cd ZID C E~ CO(/) IDCd E0J en 4- ::J CJ C\J o o I C\J o ::J o .. - þ C ::J o () .. - ..... ~ a: c as =a .£ · , , , , , · · · · · · , · · · , , , · · · · · · · · · · , · · , -z Q) '5 o a: "0 Q) en o C- O à: r III : ¡If / I w I,i ~ [I, u II' · ¡.' ~ ill ~ - lIP If I d f, i fri .'lll fIr- ë: J I ~ .. ~ .) - . ~" f i ~ ~ î .." (i" "Q, -0" ,,' 1>'''''<1 po "" - !!! !! ~ .. - þ C ::J o () c t as ~ -- ..-- J ~ .. - ..... - - t .... .... ~uno8 aaqo4oaa~o .."", UNOff\CIAl- SlIß!f..CT TO PU.\N~J\l'Hì &. ZONING AGENDA ITEM?: GULFSTEAM NATURAL GAS SYSTEM _ FILE NO. CU_o~~~~1ÌSSlUN I\PPR01J At ~ £' €'. Cyndi Snay, presenting Staff comments, stated that Agenda Item # 7 was the application of Gulfstream Natural Gas Systems, for a Conditional Use Pennit to allow the construction and operation of a segment of the Gulfstream Natural Gas Pipeline to enter St. Lucie County. The subject property is primarily Utilities in zoning. She stated that the proposed pipeline is a 744- mile long interstate pipeline and would originate onshore in Mississippi and Alabama that would travel across the Gulf of Mexico and make landfall in Manatee County, Florida, extending across the state. She continued that the pipeline would enter St. Lucie County at the Martin/St. Lucie County jurisdictional line, travel north to the Midway RoadlI-95 Corridor. She stated this is the first segment and once approved the applicant would submit a request for the second Conditional Use Pennit for the next phase, which would go from St. Lucie County to Indian River County. She also stated that during the construction of the facility the applicant would be required to obtain all rights from each of the individual property owners in order to construct the pipeline across the properties. She continued that the pipeline would cross three roadways in St. Lucie County: Glades Cut-Off Road, Range Line Road and Commerce Center Drive. She stated that the applicant has already obtained the State and Federal pennits for thë proposed pipeline and that their request is consistent with the Goals, Objectives and Policies of the Comprehensive plan. She also stated that it does meet the standards in the Land Development code and therefore recommending approval of the applicant's request. Mr. Hearn stated that he thought that a gas pipeline was a pennitted use under the current zoning and wasn't why a conditional use pennit would be necessary. Mr. Kelly stated that there are associated distribution points associated with the project and the pipeline itself would fall under the pennitted uses but the distribution points require the conditional use pennit. Mr. Brian O'Higgins, 1108 SE Lakeview Drive, Sebring, Florida stated he was the Director of Engineering and Construction for Gulfstream Natural Gas Systems. He stated that he had a large map to display and some aerial photography to the Commission and the public could review the entire project to understand it's conception and how it relates to St. Lucie County. He also stated that they had pamphlets, which give infonnation regarding the company, the project and various other aspects regarding the entire project. He advised that this project extends crosses approximately fourteen miles of the county. He stated that the project was brought before several other counties within the State through the FEC and there was a lengthy pennitting process through the Federal Government to prove there was a public need and necessity for the project. He also stated that they had to prove that the project was constructed in a manner that would minimize impacts to the environment. He stated the FEC issued a certificate of public need and necessity to the Gulf Stream Natural Gas System in February 2001. He continued that the certificate was amended in March 2002 to phase the project into two phases. He stated that the original application that was submitted was to begin construction in June 2001 and complete construction in June 2002. He continued that they elected to build the project in phases due to the size of the project and they will construct it over a two-year period. He also gave a copy of their amended certificate to each member of the Commission. Mr. O'Higgins stated that parallel to the FEC process the project participated in the team pennitting process with the Florida DEP over the past two years. He stated that DEP did issue a pennit to them through that process and was issued in March 2001, which included numerous mitigation sites that are currently nearing completion, the closest being in Lake Wales. He also P & Z Meeting May 16,2002 Page 11 ~ c (; U1\,H,,:!l\"'f' !~I A'L- ..., ¡¡J~l~t B\l11'\ SUBJECT TO PLI\NNlNG & ZON\NG stated that they are currently nearing completion of construction of Phase 1, which ~SdÐNf APPROV At the facilities in Alabama, Mississippi, the portion that crosses the Gulf of Mexico, and the portion that is in Manatee, Hardee, Polk and Osceola Counties, Florida. He continued that the portion in Phase 2, which includes an extension out through Okeechobee County and into St. Lucie County, is currently scheduled to begin construction in February 2003. He stated they would construct from the west to the east and that the pipeline consists of approximately 14.4 miles of 24-inch diameter pipeline and would, for the most part, be co-located with the FEC railroad and the FPL power line right-of-way. He also stated that there is a .35-mile portion, which would extend under 1-95. He continued that there is a one main line valve setting and a meter station, which would measure the gas that is delivered to the proposed customers. He stated there are two railroad crossings, two county highway crossings, County Road 609 and 709, and one crossing of 1-95. He also stated that there are three horizontal directional drills proposed, which is similar to installing a fiber optic where they drill under the driveway, which would be located at 1-95, Rim Ditch and County Line Canal. He continued that 3.5 miles of the pipeline parallels the FEC Railroad and 10.6 miles is located within FPL's existing right-of-way. He stated that they are scheduled to begin construction in February 2003 with a completion date of June 2003. Mr. Lounds questioned if they would be going under the SFWM canals and not bridging over them. Mr. O'Higgins confirmed that was correct. Mr. Lounds asked what the depth under the canal would be. Mr. O'Higgins stated it would be between forty to sixty feet below the depth of the canal. Mr. Merritt asked if the wetlands that would be affected would be bored under as well. Mr. O'Higgins stated they would not and that the wetlands that are crossed would be crossed using conventional pipeline construction techniques. He also stated they would strip off the topsoil and stored and the ditch where the pipeline is located would be impacted, the topsoil would be placed back on top so that native base returns. He continued that the wetland would be allowed to re-vegetate back to its original condition. He stated that if it were a wooded wetland they would allow the ten-foot over the pipeline to revert back to an herbaceous wetland. He also stated that they would allow the trees to grow back to within twenty-feet in height and the reason for the ten foot section over the pipeline is because it is mandatory for ariel patrols that are conducted and also mandatory by the FDOT so that the corridor can be seen. Mr. Merritt asked approximately how much wetland would be impacted. Mr. O'Higgins stated that the exact figures were located in their submitted information and that it would be in an area that was already previously been impacted by the railroad as well as the power lines. Mr. Grande wanted to verify that the pipeline would be installed completely underground except for the meter station and valves. Mr. O'Higgins verified that was correct. Mr. Grande questioned if there would be any above ground storage facilities. Mr. O'Higgins confinned that was also correct. Mr. Grande stated he would like those two items added as conditions of the Conditional Use Permit and Mr. O'Higgins stated that would not be a problem, with the exception of the pipeline markers or protection test leads. Mr. Lounds confmned that they would be following the already existing utility and railroad right-of-ways and therefore would not be breaking any new ground. Mr. O'Higgins stated that was correct. Mr. Kelly showed the transparency, which illustrated the route of the pipeline. Mr. Kelly also stated that they were stating they would go under 1-95 and they had the route turning left before 1-95 and going north along the substation route. Mr. O'Higgins stated the portion that P & Z Meeting May 16, 2002 Page 12 ...; U~OFFICIAl- Sn~!F!'T TO 'O.....f!¡..".""" PUlNN!NG & ZONING . .. I . CfeMM¡SSHlN APPROVAL extends under 1-95 IS hne 601, which extends to the meter and regu ator statIon ãna IS .35' or 1,800 foot of 24-inch pipeline and would lateral off of the main line. Mr. Kelly confirmed that the drawing for the main line'was correct and Mr. O'Higgins stated that was right. Mr. Kelly asked what the tenninal point was for that section and Mr. O'Higgins stated it would be near Glades Cut-Off Road. Mr. Kelly pointed out to Mr. Grande that section 3.01.01(d) specifically explains the need for a conditional use permit. Mr. Murphy questioned if when you come up Glades Cut-Off Road the pipeline goes underneath 1-95 and then moves left back towards the power station or if it would stop before 1-95 and then make the left and follow the power line corridor up and then tenninate at the substation. Mr. Liam Grear stated that where the lateral line extends parallel to G1ades-Cut-Off Road to the east side of l-95 where it would meet the meter station and tie into a proposed power plant. "'" ç (' Mr. Hearn questioned if their decision tonight was to be based on if the petition meets the Goals, Objectives and Policies of the Comprehensive Plan and the Land Development Code or is it a matter of if they want this in their communities or not. Mr. Kelly stated their major responsibility is to determine consistency with the Comprehensive Plan. Mr. Grande stated to Mr. Hearn that there is a list of criteria for decision making lišted in the Land Development Code which are sufficiently broad and inclusive so that if they feel this is not the right project for the County, that is enough to base their decision on. Mr. Hearn questioned Staff if that was correct. Mr. Kelly stated this application would need to be considered just as any other conditional use application would be. . Chairman McCurdy opened the Public Hearing. Seeing no one, Chairman McCurdy closed the Public Hearing. Mr. Merritt stated that after considering the testimony presented during the Public Hearing, including Staff Comments, and the Standards of Review as set forth in Section 11.07.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the S1. Lucie County Board of County Commissioners grand approval to the application of Gulfstream Natural Gas Systems, for a Conditional Use Permit to aUow the instaUation of a segment of a natural gas line from the· S1. LucieJMartin County line north to the Midway RoadlI-9S intersection in the U(Utilities) Zoning District because it is within the scope of the applicants request. Mr. Grande questioned if the motion could include as conditions that the pipeline will be installed completely underground except for the meter stations and valves and that there will be no above ground storage facilities, as agreed to already by the petitioner. Mr. Merritt asked the applicant if at some point in the meter station there would be a need to bring that gas to the surface or any storage in that facility. Mr. O'Higgins stated that within the meter station the piping is brought above ground and there are electronics on the pipe and they do include a two hundred and fifty gallon tank in the event there is condensate in the pipe because it is designed to be dry and that would be covered under the conditions requested. Mr. O'Higgins asked that they add an exception for those pertinences required by FDOT. Mr. Merritt stated that after considering the testimony presented during the Public Hearing, including Staff Comments, and the Standards of Review as set forth in Section 11.07.03, St. Lucie County Land Development Code, I hereby move that the Planning and P & Z Meeting May 16, 2002 Page 13 ~ ( c . U!··~·;"'f¡':'"~ l'\IAl ....', :< ~ ·-.1'1 ", ' . ....,¡J . ~:~ ~ 'Ð ·!..h - ('....·.....IIt"",~...ì1 ..' 1 ¿, ,; & ZONIÞJG Zoning Commission recommend that the St. Lucie County Boardí;~£ili~ APPROVAL Commissioners grand approval to the application of Gulfstream Natural Gas Systems, for a Conditional Use Permit to allow the installation of a segment of a natural gas line from the St. LucieJMartin County line north to the Midway RoadlI-95 intersection in the U(UtiIities) Zoning District with the following condition: The pipeline will be installed completely underground except for the meter stations and valves and any pertinence required by FDOT. Motion seconded by Mr. Grande. Upon a roll call vote the motion was unanimously approved (with a vote of 7-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting May 16, 2002 Page 14 '-" ..,., AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, July 16,2002 7:00 P.M. GULFSTREAM NATURAL GAS SYSTEM, LLC., has petitioned St. Lucie County for a Conditional Use Permit to allow a cross country natural gas transmission line for the following described property: Location: Follow the FEC Railroad, K Branch/Glades Cut-Off Road from SW Corner of the St. Lucie/Okeechobee County Line to 1-95 and Midway Road. Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying dUring a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners June 8, 2002. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on June 8, 2002. File No. CU-02-002 \...- c c; -...II BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR June 8, 2002 In accordance with the St. Lucie County Land Development Code, you are hereby advised that GULFSTREAM NATURAL GAS SYSTEM, LLC., has petitioned St. Lucie County for a Conditional Use Permit to allow a cross country natural gas transmission line for the following described property: Location: FoUow the FEC Railroad, K Branch/Glades Cut-Off Road from SW Corner of the St. Lucie/Okeechobee County Line to 1-95 and Midway Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on June 18, 2002, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak: at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you np longer own property adjacent to the above-described parcel, please fOIWard this notice to the new owner. Please ca1l5611462-1960 if you have any questions, and refer to: File Number CU-02-002. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~ChaJ~~d/~ JOHN D. ORUHN. Disrricr No.1' DOUG COWARD. Di'trict No.2· PAULA A. LEWI5. DIStrict No. ;) . mANNIE HUTCHINSON. Disrricr No.4' CLIFF OARNE5. Disrricr No.5 Coumy Adminisrroror - Douglas M. Anderson 2JOO Virginia Avenue . Forr Pierce, FL J4982-5652 Adminisrrorion: (561) 462-1590 . Planning: (561) 462-2822 . GISffechnicol Service5: (561) 462-155J Economic Development: (561) 462-1550 . Fox: (561) 462-1581 Tourisr/Canvention: (561) 462-1529 . Fox: (561) 462-21J2 '-" (' e ""'" I ¡- ST. LUCIE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA June 1 8, 2002 ALSO INCLUDING ANY AND ALL RIGHT, TITlE AND INTEREST IN A CERTAIN EA, MENT DATED OCTOBER 27, 1970. FILED NOVEM8ER 16, 1970 AT O.R. BOOK H PAGE 907, CLERK'S FILE NO. 200989. ST. LUCIE COUNTY RECORDS· EASEMEr DATED NOVEMBER 16, 1970, ATO:R. BOOK 188, PAGE 908, CLERK'SFILE N 200990, ST. LUCIE COUNTY Rec&ds; AND EASEMENT DATED ·OCTOBER 12 19ì FILED NOVEMBER 16, 1970. AT O.R. BOOK 188. PAGE 896-897,'ClERK'S FilE N' 200987, ST. LUCIE COUNTY RECORDS. .. EXCEPTING THEREFROM, A PART OF THE SOUTHEAST ONE-QUARTER OF SECTIO 12, TOWNSHIP 34 SOUTH, RANGE 39 EAST, DESCRI BED AS FOlLOWS, TO WHOM IT MAY CONCERN, ;.~'\ NOTICE is hereby given in accordance with Section 11.00.03 of the St. Lucie County l'a~d' Development Code and in accordance with the provisions of the SI. Lucie County_ Com pre· hensive Plan. thai the fallowing applicants hove requested Ihol-Ihe St..lycie County 800rd of Commissioners consiqer their following requests: . . .".:(~~";~_'-...:--_ - ;- ,-.'·,~j_-<_~l:-·~¡ ,-;:~,,' 1. RAYMOND THOEN NISSEN, f,,!rd4b~g'éln"Zo;'i¡f\(fiom'lhe ARè1'(Agriculturot Residentiol- 1 du/ocre) Zoning District to"the CG (Commercial,·General). Z()Oing Districl for the following described property, . .. .'. __, '. \".,.~., THE NORTH 17L76 FEET OF THE EAST 256.15 FEET OFTHE ibLLbW1NG PARCEL, THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 34 SOUTH, RANGE 39 EAST,LYINGAND BEING IN ST. LUCIE COUNTY, FLORIDA. LESS DRAINAGE CANALS AND ROAD RIGHT OF WAY AND LESS PARCEl CONVEYED TO FLORIDA STATE TURNPIKE AUTHORITY RECORDED IN D~ED BOOK 215, PAGE 103, PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA. COMMENCING AT THE OF THE NORTH-SOUTH ONE-QUARTER SECTION ll~ WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWJ FEEDER ROUTE, WHICH POINT IS 86.61 FEET SOUTH OF THE NORTHEAST CORNI OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SN SECTION 12, TOWNSHIP 39 SOUTH, RANGE 34 EAST; THENCE NORTHEASTERI ALONG THE NORTHERLY RIGHT-OF'WAYlINE OF THE SUNSHINE STATE PARKW.A FEEDER ROUTE A DISTANCE OF 205.62 FEET TO THE. POINT OF BEGINNING OF TI- TRACT HERE8Y DESCRIBED; c C.OMMEN<:;ING AT ¡HE SOUTHWEST CORNER. OF SEGTION 25, TOWNSHIP H ~H,R^NC;E'39 EAST; THENCE NORTH 00006'4B"EA$T, ALONG THE WEST LINE FROM SAID POINT OF BEGINNING RUN NORTHEASTERLY ALONG THE RIGHT-OI OF SAIl> SECTION 25, A DISTANCE OF 2655.28 FEET f:O'A POINT; THENCE NORTH WAY OF SUNSHINE.STATE PARKWAY FEEDER ROUTE; A DISTANCE OF 200.00 FEE" 1I~~39,,:ç-ÄSVA';o.rsT;i,l\IçE;þF,ma FEET TO A P~"f¡"El.ST RIGHT OF THENCE NORTH PARALLEL WITH SAID NORTH-SOUTH ONE-QUARtER SECTlOI ~&;L1\E ,t¡>(KI~GS;f:llGI'Wf¡,\¥ "S"ID POINT BEINGfTliE,PGll\!T,OFBEGINNING LINE TO A POINT THAT WOULD BE INTERSECTED .BY A LINE EXTENDED DUE EAS ~j,,,JHE HEReiN<.DESCRIBeD~rR"er;'.THENCENORTH O~o'}í15".;fAST, ALONG THE FROM A POINT ON SAID NORTH-SOUTH ONE-QUARTER SECTION LINE THAT I EASJ.RIGHTOF WA'I";lIl'lJ:0FS'AlI;liKINGS HIGHWAY A DISTANCE OF 242.14 FEET 901]2 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST ONE tQ;i,\;POINTÎTf1~N~',~Òtir.fQl~·~¿~.12· EAST, A DIS1*N,Ç,E 'OF 406.15 FEET TO A QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 12; THENCE WES t9fNT¡ THENCENORJtiil)ooOl !J.5,;;:~'¡'¡;'", A DIST ANCE;øf"ioI29~O.f£ET TO A POINT, . ALONG SAID LINE EXTENDED DUE EAST TO A POINT THAT IS DUE NORTH OF TH tHENCE .NORTH.89~..46:12>¡¡AST,·-A..DISTANCE OF.··85(X55 FEET· TO A POINT;. POINT OF BEGINNING; THENCE SOUTH AND PARALLEl WITH SAID ONE.QUARTE fHENCE SOUTH 00°01'16" WES)":A.:DISTANCE Of '670:20 'FEET TO A POINT; SECTION LINE, A DISTANCE OF B47.84 FEET, MORE OR LESS TO THE POINT 0 THENCE SOUTHS9°43'39" WESt. A DISTANCE OF 1256.70 FEET TO THE POINT OF BEGINNING. g~GINNING. (b.R.B. .1175 PAGE14ls) ._.... . . OVERALL PARCEl CONTAINS 185.91 ACRES. MORE OR LESS. Lócation, 3250 NOrlhKingsHighway. '. . . . Locati~n, Wesl side of lhe Turnpike Feeder Road, directly saulh of Spanish Lakes Counw 2. GLASSMAN DEVelOPMENT CORPORATION for a Change in Zoning from Ihe RM-5 Club Village. " (Residential, Multiple-Family:- 5'du/acre), IX (Industrial, EXlraction).' and CN (Commercial.l . . Neighborhood) Zoning Districts to Ihe PUD {planned Unit Development- Porlo/ina Shores)1 3. GULFSTREAM NATURAL GAS SYSTEM. LLC, for 0 Conditional Use Permit to allow ( Zoning District for the following described property, ' cross country natural gos transmission line for the following described properly, ;,:..:,~~: , AiSO,.lESSTHEREFROM.THE fOlLQWINGD.ESqIBED pARÇEL Of LAND, ALL THAT CERTAIN TRACT OR PARCel OF LAND LYING, BEING AND SITUATE IN SECTlqt-4'75,JQ\'IN~HIP 3.4 SOUTH. RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND MORE· PARTICULARLY DESCRIBED AS FOLLOWS, ßEING ALL THAT PART OF THE EAST ONE-HALF OF SECTION 12, TOWNSHIP 34 FOLLOW THE FEC RAILROAD, K. BRANCH/GLADES CUT:OFF ROAD FROM SW COR SOUTH, RANGE 39 EAST. ST. LUCIE COUNTY. flORIDA, LYING NORTH OF THE' NER OF THE ST. LUCIE/OKEECHOBEE COUNTY LINE TO 1-95 AND MIDWAY ROAD. nJRNPIKE FEEDER ROAD, AND ALL THAT PART OF THE WEST ONE·QUARTER Of SECTION 7, TOWNSHIP 34 SOUTH. RANGE 40 EAST. LYING NORTH OF SAID TURN. PUBLIC HEARINGS will be held in Commission Chambers, Roger Patras Annex. 3rd flOOl 'IKE FEEDER ROAD; I St. Lucie County Administration Building, 2300 Virginia Avenue, Fori Pierce, Florida or : June 18, 2002. beginning at 7,00 P.M. or os soon thereafter as possible .ESS AND EXCEPTING THEREFROM A PARCel Of APPROXIMATELY 2.9 ACRES )ESCRIBED AS, A PART Of THE WEST 146. 34 FEET OF THE SOUTHEAST ONE-. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to oppeal on} :;)UARTER OF SECTION 12, TOWNSHIP 34 SOUTH, RANGE 39 EAST, DESCRIBED AS: dem,on made by a boord, agency, or commission with respect toony matler considerec 'OLLOWS, : at a meeting or hearing, he will need a record of Ihe proceedings. and that, for ,uct . i purpos~s, he may need to ensure thar 0 verbatim record of the proceedings is mode. whict IEGINNING AT THE INTERSECTION OF THE NORTH-SOUTH ONE-QUARTER SEC·, record Includes the lestimony and evidence upon which the appeal i, to be based. nON LINE WITH THE NORTHERLY RIGHT-Of·WAY LINE OF THE SUNSHINE STATE) 'ARKWAY FEEDER ROAD, WHICH POINT IS 86.61 FEET SOUTH OF THE NORTHEAST BOARD OF COMMISSIONERS :ORNER OF THE SOUTHEAST ONE·QUARTER OF THE SOUTHWEST ONE-QUARTER ST. LUCIE COUNTY, FLORIDA 1 JF SAID SECTION 12, TOWNSHIP 39 SOUTH, RANGE 34 EAST; THENCE NORTH· /S./ Doug Coward, CHAIRMAN 0'2. €. :ASTERLY ALONG THE NORTHERLY RIGHT·Of.WAY LINE OF THE SUNSHINE STATE . ß, '2.0 'ARKWAY FEEDER ROAD. A DISTANCE OF 205.62 FEET TO A POINT, WHICH POINT PublISh, June B. 2002 A " JU(ìe \T ITS CLOSEST DISTANCE IS 146.34 FEET FROM THE NORTH.SOUTH ONE- 2446947 ___ sa.\1.l1Ua, , :;¡UARTER SECTION LINE Of SAID SECTION 12, TOWNSHIP 34 SOUTH, RANGE 39 \ 1 ti\:ll.l(ìe , :AST; THENCE NORTH. PARAllEL WITH THE SAID NORTH·SOUTH ONE·QUARTER 1\ìe iECTION LINE, A DISTANCE OF 847.84 FEET; THENCE WEST 146.34 FEET TO THE iAID NORTH·SOUTH ONE·QUARTER SECTION LINE; THENCE SOUTH ALONG SAID II )NE-QUARTER SECTION LINE, A DISTANCE OF 988.34 FEET. MORE OR LESS TO THE )í)INT nf Rf~'''~JI'''~ '- ., '-' TO: FROM: DATE: SUBJECT: LOCATION: SITE DESCRIPTON: ZONING DESIGNATION: c {f' ..., PLANNING AND ZONING COMMISSION REVIEW: 5/16/02 File Number CU-02-002 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager c\/l/ Á May 8, 2002 Application of Gulfstream Natural Gas Systems, for a Conditional Use Permit to allow the construction and operation of a segment of a natural gas p'ipeline, to be known as Gulfstream Gas Pipeline, in the U (Utilities) Zoning District. From the OkeechobeelS1. Lucie County line along the FEC Railway right-of-way north to the I-95/Midway Road FPL Substation. A segment of an interstate natural gas pipeline to transport 1.1 billion cubic feet of natural gas per day to the State of Florida. The proposed pipeline is 744-miles long and will originate onshore in Mississippi and Alabama, cross the Gulf of Mexico and make landfall in Manatee County, Florida, extending across the state. The project is designed primarily to serve Florida utilities and power- generation facilities that will use high-efficiency, natural gas turbines to meet the incremental demand for electric energy. The natural gas pipeline will enter St. Lucie County at the MartinlSt. Lucie County jurisdictional line. There will be two phases of construction within S1. Lucie County, the first phase will be from the St. Lucie County/Martin county line along the FEC Railroad right-of-way traveling north to the Midway RoadlI-95 Corridor (FPU Substation). The second phase will require an additional conditional use and will travel north along the FPL easement into Indian River County. Only Phase 1 is being considered through this Conditional Use Permit. The proposed pipeline will cross three roadways within St. Lucie County: Glades Cut-Off Road, Range Line Road and Commerce Center Drive. The applicant applied for and received a permit from the Engineering Department allowing the installation to cross these roadways. U (Utilities) \r (£ a.p........ \'.:,. 'WI May 8, 2002 Page 2 Petition: Gulfstream Pipe Line File No.: CU-02-002 LAND USE DESIGNATION: TIU (TransportationlUtilities) PROPOSED USE: A segment of a 744-mile interstate natural gas pipeline. SURROUNDING LAND USES: The primary uses are agricultural in nature with some residential and industrial uses. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: N/A SCHEDULED IMPROVEMENTS: N/A TVPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. ********************** This petition is for a combination of Conditional Use Permit Approval. As such, it is required to satisfy the standards of review found in Section 11.07.03 of the County's Land Development Code. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. Section 3.0I.03(W)(7), U (Utilities) Zoning District, allows gas pipeline rights-of-way and natural or manufactured gas storage and distribution points as conditional uses. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. The proposed site is located within an area zoned for utilities. The proposed natural gas line will be installed within a 50-foot corridor following the FEC Railroad north to the FP&L easement from the Martin/St. Lucie County Line north to the Intersection of 1-95 and Midway Road. The applicant has '" (( (~ ""'" May 8, 2002 Page 3 Petition: Gulfstream Pipe Line File No.: CU-02-002 indicated that this pipeline will be installed completely underground except for the meter stations and valves. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. The Gulfstream Natural Gas Line by its nature will not create any impacts on public facilities or services. The proposed natural gas line will be installed underground within a 50 foot conidor along the FEC RR and FP&L easements. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed project is predominantly to be constructed within a 50-foot conidor associated with the FEC Railioad easement and the FP&L easement. The applicant has obtained the following permits: U. S. Fish and Wildlife Service Permits; U. S. Army Corp of Engineers Permit; U. S. Department of Interior Mineral Permit; Florida Department of Environmental Protection Environmental Resource Permit and Sovereign Submerged Lands Permit; Discharge Permit; Water Quality Permit; Florida Department of State Historical Resource Permit. No adverse impacts to the natural environment are expected. COMMENTS The petitioner, Gulfstream Natural Gas Systems, LLC., is seeking approval for a conditional use permit in order to install a segment of a natural gas pipeline for a 50 foot conidor starting at the St. Lucie County I Martin County line and traveling north to the 1-95/Midway Road Intersection for property in the U (Utilities) Zoning District. The project will be.known as Gulfstream Natural Gas Pipeline. Natural Gas line right-of- ways are permitted uses in the U (Utilities) Zoning District and Natural or manufactured gas storage and distribution points are allowed as conditional uses in the U (Utilities) Zoning District upon approval of the Board of County Commissioners. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners. Please contact this office if you have any questions on this matter. Attachment cs cc: Tom Scruggs '-" elf rc .." May 8, 2002 Page 4 Petition: Gulfstream Pipe Line File No.: CU-02-002 Gulfstream Natural Gas Systems File /(.. w. 1. Purpose ~ cc 'WI (( Section 3.01.03 Zoning District Use Regulations .ll.. UTILITIES The purpose of this district is to provide and protect an environment suitable for utilities, transportation, and communication facilities, together with such other uses as may be compatible with utility, transportation, and communication facility surroundings. The number in ·0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. b. c. d. e. f. g. h. . i. j. k. ( l. m. n. Air transportation services (4St.452) Agriculture, including farms, groves, and ranches. (01.02) Communication. (48) Electric services (4911 Electric transmission rights-of-way. (49t) Gas pipeline rights-of-way. (492) Gas production and distribution (492) Industrial wastewater disposal. (999) Railroad, rapid rail transit, & street railway transportation. (40.41) Sanitary services (495) Transportation services (47) Telecommunication towers - subject to the standards of Section 7.10.23 (999) Water supply and irrigation systems. (494.497) Water transportation (<<) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loàding Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 1. 7. Conditional Uses a. Airports. (458} b. Electric generation plants. (491) c. Gas production plants. (492) d. Land clearing and yard trash recycling operations - subject to the provisions of Section Adopted August I, 1990 130 Revised Through 08/01/00 "" cc (~ ,-... ....., Section 3.01.03 Zoning District Use Regulations c···· . . e f. g. h. 7.10.12. (999) Natural or manufactured gas storage and distribution points. (492) Protective functions and their related activities - Correctional institutions (9223) Solid waste disposal. (4953) Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. (9991 ( ! 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. b. Automobile and truck renlal services. Restaurants. (Including the sale of alcoholic beverages for on premises consumption only.) (999) (. ,. ( ¡. Adopted August 1. 1990 131 Revised Through 08101/00 \.,- «(' cC ..., BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR April 5, 2002 In accordance with the St. Lucie County Land Development Code, you are hereby advised that GULFSTREAM NATURAL GAS SYSTEM, LLC. have petitioned St. Lucie County for a Conditional Use Permit to allow a cross country natural gas transmission line for the following described property: Location: Follow the FEC Railroad, K BrancblGlades Cut-Off Road from SW Comer of tbe St. LucielOkeecbobee County Line to 1-95 and Midway Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The first public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, Oil Thursday, April 18, 2002, County Commissioners Chambers, SL úu:ie County Administration Building Annex, 2300 VlTIJÌ1lia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public bearing will also be considered. Written COmments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing_ County policy discourages connnunication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Plannil1g and Zoning Commission with respect to any matter considered at such meeting or hearing, he Will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request If it becomes neces~a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-descrihed parcel, please fOlWard this notice to the new owner. Please call 561/462-1960 if you have any questions, and refer to: File Number CU-02-002. Sincerely, ST. 7~C_~ COum: P~~G AND ZONING COMMlS. SION ~;¿.¡~/J&¿Wk /.d.''¿~. / 1/ 1-< StefanMatthes, Chairman . IOHN o. Of\UHN. O¡,rrio No.1' DOUG COWARD. Disrricr NO.2· PAULA A. LEWIS. Dlsrricr No. J . FnANNIE HUTCHINSON. Djsrrlc! No.4. CUFF OAf\NE5. Djsrrjcr No 5 Covnry Admlnisrrator - Douglos M. Anderson 2JOO Virginia Avenue . Fort Pierce. FL J4982-5652 Adminisrrorion:(561)462_1590 . Plonning:(561)462-2822 . GISlTechnicoISeNices:(561) 462-155J Economic Developmenr: (561) 462-1550 . Fox: (561) 462-1581 T............;..t-lr......ro··............:...........I'f::l..d\ AL.n ¿Ie""",...,, _ r ,r-,., .,..... __ ._..... .- "" .)..lU.....It, <"'UUNlr . PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA Ap<;1 I B. 2002 TO WHOM IT MAY COt-KERN, , {',.-- ~\:'. . Noi1éÚì;...¡,yg.....;/n ~ wi.. Section 11.:00-03 of !heSt.Lud"Coonty.Làod l1e..Iopmonl Code ood the :provisions of the St. Lucie coUnty Com~ Plan. . ~ following applio:mh haw "eques~ that the St. Lucie County Pfanningand Zoning Commission comider their following requests: 1. INDRIO VENruRES. He, {or 0 Change io Zoning from 'he AG-I (Agçiculturol - I d. u/ocrc) lornng Oislrid '0 .he CG (Commerciot. Genel"ol Zoning Oislfid for the lollow_ ing described properly; nlE WEST 400 fEU Of THE SOUTH 547_96 FEn OF THE (ASf If? OF THE NW 1/..: OF SfCT. 16. rWN 345, R 39E. LESS 1.95 RIGHT·Of-WAY AS DESCR/BED IN OffICIAL RECORDS 800K 233. PAGE 1109, PUBLIC RECORDS OF sr. LUCIE CO. flORIDA AND LESS INORIQ ROAD AND CANAL RIGHT-Of.WAY, SAID lAND lYING AND BEING IN Sf WClE COUNTY. FlORIOA lOCOliOfl; Norlheost COfner 01 Indrie Road and Koble- gord ~oad. 2. JOHN AIi'IE. for 0 Chooge in Zoning from the AR. (Agricultural, Re~Îden'ial - I du/acreJ Zoning Oislrid to the RS-2 (~e~idenliol. Single-Family _ 2 du/oae Zoning Diifricf for Ihe following de5uibed property: BEING A PARCEl Of LAND LYING IN SECTION 16. TOWNSHIP 36 SOUTH. RANGE '0 fAST. ST. LUCIE ' COUNTY. fLORIDA. ANO BEING MORE PARTICULARLY DESCRIBED AS fOlLOWS, COMMENCE AT THE SOUTHEAST CORNER OF SAlO SECTION 16; THENCE NORTH. ALONG THE fAST LINE OF SECTION 16. A DISTANCE OF 133'.05 FEET TO THE POINT Of BEGINNING Of THE FOlLOWING .- DESCRIBED PARCEl, , tHENCf S 89"'0'00" W, A OISTANCl: 0I'~7.13 FfET, THENCE SOUTH A DISTANCE OF 62.18 FEEf; THENCf . S 72°28'00" W; A DISTANCE OF· 190 FfET. MORE OR , LESS TO' THE MEAN HIGH WATER l/Nf. OF THE ST, LUCIE lIVER; THENCE NOITHWESTalY AlONG SAID MEAN HIGH WATER lINFTO THEINTERSEC11òN WITH A LINE 460.75 FEET NORTH OF, ANO· MEASUIED AT RIGHT ANGLES. ANO PAIAUEt WITH. THE' SOUTH liNE OF·THE NORTHfASTONI:-QUAl/TER·OF THESAlQ SECTION "16;' THENCE fASTERL Y AlONG lASTt Y SAID UNE. "A OISTANCEOFI706 FEET. MORE OR LESS. TO THE INTERSECTION WITH THESA/IT:fAST UNI: OF SECTION 16. THENCE SOUTH ALONG SAlO EAST UNE OF SECTION 1"6. ^ DISTANCE OF'~5 FfET'TO TJE POINT OF'BEGlNNING1.ESS .THH....sT:l3.OO FEET FOR, .. ROAD ~HT-ÖF,~'ry'AY. . :~~~;~:;:':/;::~;:':\:~~;~';~~'~ ~~~,.}~~~~;';;:;~::;~',"'.';.~:~ :;{:~/:.:':.~:~: :'~?:'j}:.;. location: West ~d~-oI' Oleander A~' apProximately 200 feel nòrth of Elyse Orde, ,':, 3. ALF'S SPI.RITS ^!'lD WINES. INC,·¡""·" Condilionol Use Permit to allow a retoif liquor store in the CG'(Com- mercio!. GeneraQ Zoning District< for the 'following desaibed pro~ PARCEl I, AlL OF THAT AREA DESCRIBED AND SHOWN AS PAI/. CEL NO. 20N THE PLAT OF WlNDhI/U.VlllAGE BY THE SEA. . A REPlAT:OF UNITS"1 ;ANO ,"^- ACCORCI- ING TO THE rLAT THEREOf. AS RECOROfD IN PlAT 809~ 16;fAq!" P::!UBlICRfCORDS~F ·ST. 'LUCII: COUNTY, FLORIDA. '.' . . PARCEl 2, FOR A POINT OF BEGINNING. COMMENCE AT fliE NORTHEAST CORNER' OF ·WlNOMIU VILlAGE BY fliE SEA. UNIT·IWO. AS'·RECOIDEO IN PlAT·BOOKI6; PAGE 31. OF THE'PUBlIC ·IiECORDS OF'ST. LUOE COUNTY. FlORfDA;THENCE· RUN SOUTH B9"56'22" WEST ALONG THE NORTH LINE OF ·SAlD· PlAT,' A DisTANCE OF 27.84 FEET, THENCE RUN SOUTH 00003'3B" EAST. PARAlLEL WITH ·THE ·fAST UNE:OF SAID PLAT. A DISTANCE Onll.B2 FEEr,'fliENCE RUN NORTH B9°56'22" fAST.·A D./STANCE Of 247.09 FEET TO AN INTERSKTION WITH THE WESTERlY RIGHt.. Of.WAY LINE OF STATE ROAD AlA AS NOW LAID lOUT AND IN USE; THENCE tUN NORTH 23°049"31- WESr ALONG SAID RIGHT.Of,WAY. A DISTANCE OF 122.11 FEEr; rHENCE RUN SOUTH B9"56'22" WEST ALONG A LINE rHAT IS AN EASTERLY PROJECTION OF THE NORTH LINE Of SAID WINDMILL VIllAGE BY THE SEA. UNIT rwo. A DIS T ANCE Of '70.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SlrUATE.lYING AND BEING IN ST.lUOE COUNry, FLORIDA. locotion; 10875. So....th Ocean Or¡"e, (Galleria Shoppi"9 Center} ~ ~ ...., .c. LINDA D1MSEY. f~ a COfldi'l()(ol Use Petmif to alloW' sociol \ervices (doy core focility) in the I (Institutional) ZOn- ' iog Oisl,ict for- the following desaìbed 'property: WHITE OTY SID 03 36 40 LOT 26·L ESS E 120 FT AND LESS N 50 FT FO R OR DITCH AND LESS RD R/W _ (2.68 AC (MAP 34/03NI localion; J84 «at Midway Road. 5. GULF$TREAM NATURAL GAS SYSTEM, lle, for 0 Conditional Use P.,mÎ' fa allow 0 cross country natural gas transmission line fIX the following described property: FOLLOW THE FEe RAILROAD. K BRANCH/GLADES CUT-OFF ROAD FROM SW CORNER OF THE ST.LUOE/ OKEECHOBEE COUNTY UNE TO 1·95 AND MIDWAY ROAD. 6. T& T lAND. lTD., fO( 0 Chonge in land Use from RU {~e5¡denlicl Urban) to lNO (Industrial) for the following deiCfibed property THE WEST TEN ACRES OF THE NW 1/< OF THE NE 1/4 OF THE SW 1/4 Of SECTION 1. TOWNSHIP 3S SOUTH. RANGE 39 EAST. Sf. LUCIE COUNTY. FlORIOA. AND THE NORTH 1/2 OF TH1' NW 1/' OF THE SW II' OF SECTION I. TOWNSHIP 35 SOUTH, RANGE 39 EAST. ST. .lUOE COUNTY. FlORIOA. location: East lide of· Kings Highwoyapproximately 2.5OO.feet·south of Angle Rood. . . . 7.·T&T lAND.ho. f", a Change in Zonl..g ¡"om !he AGo.' , . lAgrioJItwoI-'- 1 dO/acre) and lhe 10.1.1 ·(Agri",Itwo~ 1_ ~ . cÌenIiol- 1 du/acre) Zoning Dlstrlds to the IL OndUstrla~ . l/ghI Zoning O/slrid for .tho fallowfng described p<aporfr- .THE·.WEST TEN ACRéS OF.JHE r-rw. II' .OF THE NE 1/4 OF THE SW. 1!4· OF SECTIO(ol 1. TOWNSAlp·35 SOUTH. RANGf 39· EAST. Sf. LUCIE C9UNTY. FLOIIOA. '. . '. . AND 4'..!·:rn.éi'iORTH 1/2ÒFTHeNW.1/~o.FrH.émI14 OF _ . " - ·SEcr¡ON '. TOWNSHIP 35 SOUTH. RANGE 39 fAST. ST. LUCIE COUNTY.RORIOA. . (~iòn; Ea¡t side 'of Kings Highway opprollCånotely 2.500 feel south of ~·'o Road, . PUBLIC HEARINGS Will be ~Id in Commission Chambers. loger Poilros ·Ann,JC..2300 Vif'ginia Avenue. Fcxf Pierce, AorIdo on April 18. 2002, begi....... at 7,00 P.M. or a. . soon. fhereafte:r as possible.. . 'PuRSuAi-lr'TO Section 286.0105. Flor/do StoMe>. lfo pors,on decides to' appeal onr dec::ision~ mode by ~. board. 'oge.q. Of 'eo:mmlssion with- respect to any motter- consld. :«ed.at a meeting or. hearing.. he,wi1t ~ a .record of the þ<aCeedings. ând 16ot. For sud. P<KJ'O.... he ,may. need to ânsure that 0 verbatim record of ~ pt.OCeedl"Ç'S IS made, which record includes the testimony C1nd evidence upon which the appeal is 10 be based. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY. FLORIDA Isl Stolon Matthes. CHAIRMAN PUBLISH DATéo April 5. 2002 239S868 t , '-" L-,' 6,ìYl <f::::- - C John ~APPlebee Lori A Applebee 7104 Winter Garden Pkwy Fort Pierce, FL 34951-1839 A Duda and Sons Inc PO Box 620257 Oviedo, FL 32762-0257 (: Aldcomp Ltd D K Richardson PO Box 370 Vero Beach, FL 32961-0370 Charles L Baker Jr Peggy J Baker 17200 Glades Cut Off Rd Port St Lucie, FL 34987-2634 Leon G Bass Andree Bass 530 Cypress Rd Vero Beach, FL 32963-1723 Beryl I Bearint 7964 Saddlebrook Dr Port St Lucie, FL 34986-3113 Becker Holding Corp 660 Beachland Blvd Ste 201 Vero Beach, FL 32963-1707 Bernard A Egan Groves Inc 1900 Old Dixie Hwy Fort Pierce, FL 34946-1423 Kirsten A Besanko 21210 Glades Cutoff Rd Port St Lucie, FL 34987-2614 Beta Grove LLC Darryl T Bey Sandra L Brown 1807 Ocean Dr Gina D Dean 21220 Glades Cut-off Road Vero Beach, FL 32963-2111 1005 Kentucky Ave Port St Lucie, FL 34987 Fort Pierce, FL 34950 Steven Buchmeyer Judy A Budd Don Cannon Trena G Buchmeyer 1464 SW 28th Ter Rita Cannon 20908 Glades Cutoff Rd Fort Lauderdale, FL 33312-3951 21660 Glades Cut-Off Rd Port St Lucie, FL 34987-2612 Fort Pierce, FL 34987 Ernest Carnahan Chem-Tex Supply Corp Kai Guan Chor 11470 Carlton Rd 8350 NW 93rd St 18 Marcus Ave Port St Lucie, FL 34987-3432 Miami, FL 33166-2026 Booragoon 6154, AUSTRALIA Drucille Conrad John Conrad Jr Donald R Cooke 392 Midway Rd 392 Midway Rd Dorothy H Cooke Fort Pierce, FL 34982-0000 Fort Pierce, FL 34982-0000 7866 Saddlebrook Dr Port St Lucie, FL 34986-3110 Rheba Cooper CPV Atlantic LID Dairy Feeds Inc 4306 W Midway Rd 8403 Colesville Rd Ste 915 PO Box 1365 Fort Pierce, FL 34981-4821 Port St Lucie, FL 34984 Okeechobee, FL 34973-1365 Joseph Davis Gale J Davis 661 SE Norseman Dr Port St Lucie, FL 34984 James L Davis 4355 Saba! Palm Rd Miami, FL 33137-3355 Claude T Davis Sr James L Davis 4355 Saba! Palm Rd Miami, FL 33137-3355 Edsall Groves Inc 3915 1st St SW Vero Beach, FL 32968-2415 Donald A Evans Frank D S Evans Hedvig Tetens Evans 4598 S 25th St Fort Pierce, FL 34981 Evans Properties Inc 660 Beachland Blvd # 301 Vero Beach, FL 32963 \. I .~. '-" Dále A Farabee 18480 Glades Rd Port St Lucie, FL 34987-0000 Florida Power and Light Co PO Box 14000 Juno Beach, FL 33408-0420 J asodra S Hardeo Alness Village No 2 Lot 1 Corentye Blu, GUYANASA Hennis Construction Co Inc 18500 Glades Cut Off Rd Port St Lucie, FL 34987-2631 Lee Huan 14 Persiaran Negeri Sembilan FederalHill 50480 Kuala Lumpur, MALAYSIA JumaB Inc 3900 Galt Ocean Dr # 29156 Fort Lauderdale, FL 33308-6631 Brian W Kent Patricia M Kent 18704 Glades Cut Off Rd Fort Pierce, FL 34987-2631 Richard M Lamb L Diane Lamb 20932 Glades Cut OffRd Port St Lucie, FL 34987-2612 LTC Ranch IndlComm Pk POA Inc 700 Island Landing Dr Saint Augustine, FL 32095-9638 Joseph M Maturani 1197 SW Galvin Rd Port ST Lucie, FL 34953 ç Dale A Farabee PO Box 13329 Fort Pierce, FL 34979-3329 Florida Tire Recycling Inc 9675 Range Line Rd Port St Lucie, FL 34987 Hyman B Hendler Alvin D Schwartz 900 NE Spanish River Blvd Boca Raton, FL 33431-6168 Tracy J Hoffman Kathy S Hoffman 19110 Glades Cut Off Rd Fort Pierce, FL 34987-2603 Huck'S Country Comer Inc 18505 Glades Cut-Off Rd Fort Pierce, FL 34987-2699 K & M of The Treasure Coast In 17300 Glades Cut Off Rd Port St Lucie, FL 34987-2628 R N Koblegard ill Charlene W Koblegard 401 S Indian River Dr Fort Pierce, FL 34950-1530 Michael E Leben Sr Renee A Leben 21100 Glades Cut OffRd Port St Lucie, FL 34987-2612 Richard L Lynch Robbin C Lynch 2505 N Indian River Dr Fort Pierce, FL 34946 Michael S McCarty Daniel T McCarty ill Lela M Mitchell PO Box 3715 Fort Pierce, FL 34948-3715 ,.. ,.." \': Fec Rr PO Box 1048 St Augustine, FL 32085-1048 Anthon Francis Naida Francis 4012 Greenwood Dr Fort Pierce, FL 34982-6151 Gerard C Hennis 18500 Glades Cut Off Rd Port St Lucie, FL 34987-2631 Richard T Hoxie Teresa F Hoxie PO Box 264 Fort Pierce, FL 34954-0264 George E Hyde Jr 9111 SE65th Way Okeechobee, FL 34974-1456 Kegel and StiIli Inc 1461 NW Commerce Centre Dr Port St Lucie, FL 34986-3209 Poh Kok Klan 17 Jalan SS21 11 Damansara Uta Selangor, MALAYSIA Ltc Joint Venture 700 Island Landing Dr Saint Augustine, FL 32095-9638 Rick R Massey Terry A Massey 10420 Glades Cut Off Rd Port St Lucie, FL 34986-3206 Thomas C McCarty Margaret Monahan Michael 0 Monahan 3672 S Brocksmith Rd Fort Pierce, FL 34945-4411 l ' " . . . '- Wesley J McGee Crisanta U McGee 7860 Saddlebrook Dr Port St Lucie, FL 34986-3110 Paul Meintel 21220 Glades Cut Off Port St Lucie, FL 34987-2614 Lela M Mitchell Daniel T McCarty III Lela M Mitchell PO Box 3715 Fort Pierce, FL 34948-3715 Jimmy C Morgan Jane E Morgan 19500 Glades Cut Off Rd Fort Pierce, FL 34987-2635 John R Norvell Janice E Norvell 800 Ulrich Rd Fort Pierce, FL 34982-3978 Panda Midway Power Partners LP 4100 Spring Valley Rd Suite 1001 Dallas, TX 75244 Port St Lucie City Of 121 SW Port St Lucie Blvd Port St Lucie, FL 34984-5099 Reserve Community Dev Dist 10300 NW 11th Mnr Coral Springs, FL 33071-6530 Ru-Mar Inc 160 Lamont Rd Fort Pierce, FL 34947-1538 Robert C Shoebottom Caroline A Shoebottom 6116 Russell St Tampa, FL 33611 (- Paul P McMahon Linda J McMahon 1352 SW Bent Pine Cove Port St Lucie, FL 34986 Steven M Meyer 7844 Saddlebrook Dr Port St Lucie, FL 34986-3110 Margaret M Monahan Michael 0 Munahan Thomas McCarty 3672 S Brocksmith Rd Fort Pierce, FL 34945-4411 James W Moms 11510 Carlton Rd Port St Lucie, FL 34987-3414 Robert W Norvell Sr Catherine B Norvell 17600 Glades Cut Off Rd Fort Pierce, FL 34987-2629 Kenneth J Perry 26 Joseph's Way New Bedford, MA 2745 John K Quillen Christine M Quillen 1355 Island Fork Rd Morehead, KY 40351 Reserve Homes Ltd Lp 150 E Palmetto Park Rd Ste 330 Boca Raton, FL 33432 Beverly J Schoeneberg Robert Schoeneberg 21430 Glades Cut Off Rd Port St Lucie, FL 34987 Joseph J Short Jr Kathy H Short 19440 Glades Cut Off Rd Fort Pierce, FL 34987-2635 . .. "..,J C Paul P McMahon Linda J McMahon 150 Banyan Dr Port St Lucie, FL 34952 Evalyn M Miller 11354 Carlton Rd Port St Lucie, FL 34987-3430 Mark R Montgomery Mark R Montgomery Jan G Montgomery PO Box 1299 Fort Pierce, FL 34954-1299 Mark A Murphy Johnni M Murphy 20806 Glades Cut-Off Rd Fort Pierce, FL 34987-2610 James V Orlando Lena T Orlando 7852 Saddlebrook Dr Port St Lucie, FL 34986-3110 Cheryl C Phillips 18490 Glades Cutoff Rd Port St Lucie, FL 34987-2631 Reserve Association Inc 2160 NW Reserve Park Trce Port St Lucie, FL 34986-3223 Joseph M Roque Darlene A Roque PO Box 12163 Fort Pierce, FL 34979-2163 Sfwmd 3301 Gun Club Rd West Palm Beach, FL 33406-3007 Roshan L H Singh 7812 Saddlebrook Dr Fort Pierce, FL 34986-3110 , , ~' , .,' . w '-' Thomas W Small Nancy P Small Brandy 0 Small 201 SW Pagoda Ter Port St Lucie, FL 34984 William D Stark III (Est) PO Box 3715 Fort Pierce, FL 34948-3715 Russell D Sutton Elizabeth A Sutton 2090 SW Import Dr Port St Lucie, FL 34953-2111 Tyringham Ridge Inc 3468 Vista Grande Blvd Carson City, NV 89705-7147 Alvin H Weinberg Jacqueline C Weinberg 20510 Glades Cut Off Rd Port St Lucie, FL 34987-2610 B E Williams Doris H Williams 19270 Glades Cut Off Rd Fort Pierce, FL 34987-2603 ç: Craig B Spengler Nelly P Spengler 3231 SW 44th Fort Lauderdale, FL 34987-2603 State Of Florida Dot 3400 W Commercial Blvd Fort Lauderdale, FL 33309-3421 Trinity HoldingCo Inc 9675 Range Line Rd Port St Lucie, FL 34987-9110 U S Precast Corp 8351 NW 93rd St Medley, FL 33166-2025 George Williams 2686 Edgwater Ct Weston, FL 33332-3401 Susan K Wilson 19050 Glades Cut Off Rd Port St Lucie, FL 34987-2603 CG '''''¡ \., St Lucie Co 2300 Virginia Ave Ft Pierce, FL 34982-5652 Reed Sudderth Cherie Mowery Sudderth 21306 Glades Cut Off Rd Port St Lucie, FL 34987-2616 Tropicana Products Inc PO Box 660634%Frito- LayTax3A306 Dallas, TX 75266-0634 Christopher J Vann LynnMVann 945 Reef Lane Vero Beach, FL 32963-1121 Bobby E Williams Doris H Williams 19270 Glades Cut-Off Rd Port St Lucie, FL 34987-2603 Kenneth D Zollinger Tani B Zollinger 20786 Glades Cut Off Rd Fort Pierce, FL 34987-2610 .............. ~ ,.", Agenda Request Item Number Date: 5-r 07/16/02 Consent Regular Public Hearing Leg. [ ] ] [ ] [X] Quasi-JD [ X ] To: Submitted By: Board of County Commissioners Community Development SUBJECT: Consider Draft Ordinance 02-015 Amending the St. Lucie County Land Development Code by Croatin€! SoaliaR 7.19.21, Interim Community l\mhitoGtur-a1 Standards and by Amending Section 10.00.04, Nonconforming Lots of Record, to Provide for the Elimination of the Restriction Effecting Contiguous Ownership of Nonconforming Lots of Record BACKGROUND: Attached is a copy of draft Ordinance 02-015 which proposes to make two changes to the County's. Land Development Code. The first proposed changes is· to the County's Non- conforming Lot Restrictions. The second change included in this ordinance provides for the establishment of Interim Architectural Standards that would apply to all areas of he unincorporated County as minimum criteria for all new construction or substantial expansion to existing building or structures or building in areas zoned Commercial Neighborhood, Commercial Office, Commercial General, Institutional, Religious Facilities, Planned Unit Development (Commercial Components Only), Planned Non-residential Development and Planned Mixed Use Development. These design standards are not intended to stifle imagination nor curtail variety but rather they are for the purpose of promoting a more attractive and unified community appearance. At the June 16, 2002 meeting of the Planning and Zoning Commission, the Planning and Zoning Commission voted to separate this Draft Ordinance into two parts, forwarding the proposed revisions to Section 10.00.04 of the County's Land Development Code to the Board for further review, and sending back to staff the proposed establishment of Interim Architectural Review/Design Standards for commercial development in the unincorporated areas of the County. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: This is the first of two required pubic hearings on this mailer. The second public hearing is scheduled for Tuesday, August 20, 2002 at 7:00 PM or as soon thereafter s possible. No specific action is required by the Board at your meeting of July 16, 2002 other than to accept public comments and provide any direction to staff to address any particular concems that you may have. County Attomey Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Douglas M. Anderson County Administrator . COMMISSION ACTION: c!J APPROVED D DENIED D OTHER (5-0) Approved for second public hearinq on 8/20. Purchasing: Other: (AGEND639a) '-' ...I .:j ~j \"i¡ ~~ COUNTY COMMISSION REVIEW: July 16, 2002 MEMORANDUM COMMUNITY DEVELOPMENT DEPARTMENT TO: County Commission FROM: Community Development Director DATE: July 10, 2002 SUBJECT: Consider Draft Ordinance 02-015 Amending the St. Lucie County Land Development Code by Creating 8ection 7.10.24, lI,terin, Con,munity Architectural Standards and by Amending Section 10.00.04, Nonconforming Lots of Record, to Provide for the Elimination of the Restriction Effecting Contiguous Ownership of Nonconforming Lots of Record Attached is a copy of draft Ordinance 02-015 which proposes to make two changes tothe County's Land Development Code. The first proposed changes is to the County's Non-conforming Lot Restrictions. The second change included in this ordinance provides for the establishment of Interim Architectural Standards that would apply to all areas of he unincorporated County as minimum criteria for all new construction or substantial expansion to existing building or structures or building in areas zoned Commercial Neighborhood, Commercial Office, Commercial General, Institutional, Religious Facilities, Planned Unit Development (Commercial Components Only), Planned Non-residential Development and Planned Mixed Use Development. These design standards are not intended to stifle imagination nor curtail variety but rather they are forthe purpose of promoting a more attractive and unified community appearance. Section 10.00.04 of the Land Development Code addressees Nonconforming Lots of Record. A Lot of Record is defined in the Land Development Code as follows: LOT OF RECORD: As used in this code, a lot of record shall mean: (1) Any contiguous quantity of land that is part of an approved subdivision recorded in the Office of the Clerk of the Circuit Court; or (2) Any contiguous quantity of land which is capable of being described with such definitiveness that its location and boundaries are established, and which has been so recorded in the public records in the Office of the Clerk of the Circuit Court prior to January 9, 1990, unless othelWise considered to be a nonconforming lot of record as described in Section 10.00.04 of this Code; or (3) Any contiguous quantity of land which is the subject of an agreement for deed or other instrument of conveyance properly executed prior to January 9, 1990, and which describes the parcel with such definitiveness that its location and boundaries are established and recognized by Florida Law, unless othelWise considered to be a '-' ...., ~ '" ~ '<;'Ô '>'.' July 10, 2002 Page 2 Subject: Draft Ord. 02-015 nonconforming lot of record as described in Section 10.00.04 of this Code. A Nonconforming Lot of Record is any lot that fails to meet the current minimum yard requirements of the zoning district in which it is located, but that because of when it was created, is afforded some latitudes in the ability of the property owner to obtain an building permit. However, these same regulations that afford some use of the property, also currently treat contiguous ownership or groupings of non-nonconforming lots as essentially one parcel for development purposes. Division of those properties, even back to the lots platted or described parcel lines, is not allowed unless the parcel to be separated can be made to conform with the current zoning requirements for the area in which they are located. At the June 16, 2002 meeting of the Planning and Zoning Commission, the Planning and Zoning Commission voted to separate this Draft Ordinance into two parts, forwarding the proposed revisions to Section 10.00.04 of the County's Land Development Code to the Board for further review, and sending back to staff the proposed establishment of Interim Architectural Review/Design Standards for commercial development in the unincorporated areas of the County. Addressing the later action first, the Planning and Zoning Commission expressed some concern overtheproposed regulations and how they would effect or impact commercial development activities in the community. There were concerns expressed about the limitations on the use of metal buildings and the proposed color tables that were included with these regulations. It was noted to Planning and Zoning Commission that these Interim Regulations were identical those presently being enforced in the City of Port St. Lucie, however the Planning Commission members felt that before this matter could be forwarded to the Board of County Commissioners, with any form of recommendation, they to wished to spend additional time reviewing these regulations further. At the June meeting, the Planning and Zoning Commission did not set any specific date for when they would reconvene their deliberations on this item. Because the Planning Commission has separated this matter, staff will have to formally re-notice the public hearings on these Interim Architectural Standards before it is represented to them for further review. It is our intention to schedule this matter for the August Planning Commission meeting to again request that the Planning and Zoning Commission forward this matter to the County Commission with a recommendation of some specific action for the Board of County Commissioners to consider. In regard to the proposed amendments to Section 10.00.04 of the County's Land Development Code, the County has been asked to consider deleting from our Nonconforming Lot of Records Standards, a restriction that has been in place for a number of years that was designed to limit the number of housing units that may be constructed in areas of the County that for one reason or another do not meet minimum County Development Standards an Codes. Specifically, there is a restriction in Section 1 0.00.04(A) of the County's Land Development Code that states when two or more nonconformihg lot of record are in contiguous, common ownership, then for the purposes of obtaining building permits, any such combination of lots is considered to be one development parcel. Should an owner of such a lot configuration wish to divide or re-divide this "commonly considered parcel" into more than one parcel they may do so, but any such division must be in accord with all applicable County Development Standards and Codes, including but not limited to lot area (based on the zoning district in which the parcel is located) and road frontage standards (either or a publicly owned right or way or a private right built to County Standards). '-' ..,., ~ii .K"... i\~\ I,'" ;t~ ':i.,< July 10, 2002 Page 3 Subject: Draft Ord. 02-015 The genesis of this proposed amendment is from a private party land sales action in the St. Lucie Gardens area of the County. A property owner in this area apparently acquired, over time, several of the 1.25 acre tracts found on this area so that they formed a contiguous ownership block that was not otherwise divided by any recognized ingress/egress easement as provide for in Section 10.00.04(A)(2) of the County's Land Development Code. Over time, this initial property owner apparently conveyed off one or more of the assembled parcels to other individuals, apparently either unaware of the nonconforming nature of the parcels or with a misunderstanding of prior County correspondence regarding how the parent parcel was considered to be "one" for he purposes of the County's Land Development Regulations. When a subsequent purchaser of one of these re- separated parcels approached the County about obtaining a building permit on their newly acquired property, they were informed that the property in question was not eligible for a building permit since it was the product of an illegal division of the assembled parent property in violation of the subdivision standards described in the County's Land Development Code. Over the past several month period there were numerous discussions at various levels of the County Administration in regard to this matter, until staff was directed to proceed with the processing of an amendment to the County's Land Development Code that would address this issue in some manner that would recognize the re-division of a previously aggregated non-conforming parcels to a condition where those parcels could be considered to be eligible for a building permit. There are at the moment three (3) areas of the County where the requested change in the County's regulations would have the most notable effect. These areas are St. Lucie Gardens; the North Indriol Savannas Area and a small area just south of the Pantherwoods Development, northwest of Ft. Pierce. There are most likely other areas of the County that could be effected by the requested change to Section 10.00.03 of the County's Land Development Code. Although this specific request has its origination from one particular problem, the Board is asked to consider the broader impacts of any such general Code Amendment on the community as whole. This is the first of two required pubic hearings on this matter. The second public hearing is scheduled for Tuesday, August 20,2002 at 7:00 PM or as soon thereafter s possible. No specific action is required by the Board at your meeting of July 16, 2002 other than to accept public comments and provide any direction to staff to address any particular concerns that you may have. If you have any questions on this matter, please let me know. DJM OR02-015MEM02(H) cc: County Attorney · .' < (.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 '-' C·-·· ... ""'" ( ORDINANCE NO. 02-015 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY CREATING SECTION 7.10.24, INTERIM COMMUNITY ARCHITECTURAL STANDARDS AND BY AMENDING SECTION 10.00.04, NONCONFORMING LOTS OF RECORD, TO PROVIDE FOR THE ELIMINATION OF THE RESTRICTION EFFECTING CONTIGUOUS OWNERSHIP OF NONCONFORMING LOTS OF RECORD; PROVIDING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. 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. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97 -23 - 99-02 99-04 - 99-15 - March 14, 1991 November 7, 1991 February 16, 1993 May 25,1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 96-10 - 97-09 - 99-01 - 99-03 99-05 - 99-16 - 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 20, 1999 Underline is for addition Gt. ike Tn,otJgk is tor deletion Ordinance iI02-<l15a Draft #, Page 1 PRINT DATE: 05110102 < (- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ~ (: ..,; ( 99-17 - 00-10 - 00-12 - 01-03 - 02-09 - September 7, 1999 June 13, 2000 June 13, 2000 December 18. 2001 XXXXXX xx, 2002 99-18 - 00-11 . 00-13 - 02-05 - November 2, 1999 June 13, 2000 June 13, 2000 XXXXX xx, 2002 3. On , 2002, 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. 4. On . 2002, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in t~~ Port St. Lucie News and the Tribune on XXXX, 2002. 5. On , 2002, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on XXXXX, 2002. 6. 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. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. lUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOllOWS, INCLUDE: **************************** -------------------------------- Underline is for addition Glrik() Tin Õu91 , is for deletion Ordinance #02-o15a Ofa~ .1 Page 2 PRINT DATE: 05/10102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 '-' (.... :"::- ~ ( CHAPTER X HARDSHIP RELIEF 10.00.00 NONCONFORMITIES 10.00.04 NONCONFORMING LOTS OF RECORD A. LOTS OF RECORD CREATED PRIOR TO JULY 1, 1984 1. In any district, principal permitted structures and customary accessory buildings may be erected on any single lot of record existing before July 1, 1984, notwithstanding limitations imposed by other provisions of this Code. Ouch lot mtl~t be in sepamte 0... ,ership and I,ot contiguous to other lots in the same o..nership. This provision shall apply even though such lot fails to meet the requirements for area, or width, or frontage or any combination of the three that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area, or width, or frontage of the lot shall conform to the regulations for the district in which· such lot is located. Variance of yard dimensions and requirements other than those applying to area, width, and frontage shall be obtained only through action of the Board of Adjustment. If however, the lot has no frontage as defined in Chapter II, then proof of recorded legal ingress and egress acceptable to the County Attorney must be furnished before a building permit will be issued except for nonresidential accessory structures in AR-1, AG-1, AG-2.5 and AG-5 zoning districts. £. If h.o (2) or more IOt3 0, combinations of lots and portions of lots ~.hich are conti~l:lotJ3 to other lot3 ..ere of single o..nership and ~.ereof record 01'1 dul) 1, 1384, and if all or part of the lots do not meet the reql:liremont3 established for lot ..idth and area or frontage, the lands il'l.olyed shall be considered to be an undivided parcel for the purpose:! of this Code prOvided ho..eyer, that lots separated b~ an ingre33fegrcss, aGee!! or rðad..ay easement that ..as of record 01'1 July 1, 1364, but specifiœlly excluding any easement limited to utilities, dminage or otl ,er non acce33 purpose, sl,all not be considered an undivided pa,cel for the purpose of this section. B. LOTS OF RECORD CREATED BETWEEN JULY 1,1984 AND JANUARY 9,1990 In any district, principal permitted structures and customary accessory buildings may be erected on any single lot of record created in accordance with the requirements of the St. Lucie County Zoning Ordinance between July 1, 1984, and January 9, 1990, notwithstanding limitations imposed by other provisions of this Code. **************************** Underline is for addition Otrikc Through is for deletion Ordinance 1I02-o15a Draft.' Page 3 PRINT DATE: 05110102 ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 '-' (' , , ..", ( CHAPTER VII VELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.00 LEMENTALSTANDARDS 7.10.24 A. General The Interim Community Architec he unincorporated county as a mini to existing building or structures or buil Office, Commercial General, Instituf (Commercial Components Only), PI Development. rth in this section are to apply to all areas of all new construction or sùbstantial expansion szoned Commercial Neighborhood, Commercial Religious Facilities, Planned Unit Development esidential Development and Planned Mixed Use These design standards are for the purpose of promoti nded to stifle im tion nor curtail variety but rather they are ore attractive and u community appearance. B. C. **************************** 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 -------------------------------- Underline is for addition OtlÎl((; TI,IOuil" is for deletion Ordinance #02-o1Sa Draft., Page 4 PRINT DATE: 05110102 ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 '-" ( .., ~. ~;;.:: hereby superseded by this ordinance to the extent of such conflict. 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 beheld to be inapplicable to any person, property, or circumstance, ~uch 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 be and is hereby directed forthwith to send a certified copy ofthis ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 3230 PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward XX Vice Chairman Cliff Barnes XX Commissioner Paula Lewis XX Commissioner John D. Bruhn XX Commissioner Frannie Hutchinson XX -------------------------------- Underline is for addition Cl.ik" TI" ou~1 , is for deletion Ordinance 1!02·015a Draft #1 Page 5 PRINT DATE: 05110102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 j~ '-' ~. .....1 c PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to ·section", "article", or other appropriate word, and the sections ofthis ordinance maybe renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney OJM 01-Q15a(Lndcod01 -HI Underline is lor addition Dlrike Through is lor deletion Ordinance #02-Q15a Draft'1 Page 6 PRINT DATE: 05110102 '-' .>J AGENDA ITEM 12: ORDINANCE 02-015 - Amend Land Development Code (Architectural Standards & Non Conforminl! Lots: Mr. Dennis Murphy, Community Development Director stated that Agenda Item # 12 proposed two amendments to the County's Land Development Code. He stated that the first amendment deals with adjustments to the non-conforming lot restrictions affecting contiguous ownership. He continued that the County currently has a restriction that states if you have a non-conforming lot of record, if you have more than two or three parcels in a row, they are considered to be one parcel unless they are divided by a roadway or easement. He stated that they had recently been approached about a situation down in the south/central part of the County where an individual had three lots together, not separated by anything, and they sold parcels in a private transaction. Those individuals that bought the parcels tried to apply for a building permit and were told their parcel is considered to be part of the parent parcel and was never legally divided under the non- conforming statues. He then stated that Staff was asked by the Board of County Commissioners to bring forward a proposed amendment to address those types of matters. He also stated that this amendment would eliminate the contiguous lot prohibition. He continued that, if approved, a series of lots under common ownership, then it would revert back to the original legal description of the parcel. He stated that if you have five lots, under the current guideline, they would be considered one. He advised that under the proposed amendment it would be considered as five. Mr. Murphy stated that the second amendment is the establishment of Interim Community Architectural Standards that would apply to all areas of the unincorporated County as minimum criteria for all new construction or substantial expansion to existing building or structures or building in areas zoned CN (Commercial, Neighborhood), CO (Commercial, Office), CG (Commercial, General), I (Institutional), RF (Religious Facilities), PUD (Planned Unit Development), PNRD (Planned Non-residential Development) and PMUD (planned Mixed Use Development). He continued that these design standards were not intended to stifle imagination nor curtail variety but rather they were for the purpose of promoting a more attractive and unified community appearance. He also stated that these interim design standards were patterned after the existing community architectural standards found in the City of Port 8t. Lucie and were intended to serve as a short-term regulation until a broader set of community design criteria was developed. Staff recommends that you forward draft Ordinance 02-015 to the Board of County Commissioners. Mr. Heam questioned if the Commission could recommend approval with additions to the colors listed on the color chart because he would be hesitant to have such a limit on the colors allowed. Mr. Murphy stated that would be fine. Mr. Heam asked if they approve the change to non- conforming lots, would they still have to have the proper area for width, depth and road frontage. Mr. Murphy explained that would not be correct this change would make them completely build- able. Mr. Heam stated he would like to have the ordinance modified to read that it must meet all of the other building criteria too. Mr. Grande stated that he is disappointed that these two items are presented together in one ordinance because they are two very different issues. He questioned if he understood what was presented about a buyer finding that he was unbuildable. Mr. Murphy stated that was correct. Mr. Grande he felt this would be a risky change because that was an issue where the proper P & Z Meeting May 16, 2002 Page 36 '-'" ...., ~\ ,fj li1 1,\ I ~, i'li disclosures weren't made and now this would change the Code to correct those types of buyer/seller issues when they aren't County issues. Mr. Murphy stated that amendments aren't usually used for correcting self-inflicted problems but this was an issue that has been a problem for quite some time and this would be the best way to resolve those situations. He continued that the Commission is being asked to review a proposal, if approved, would resolve those types of issues. He also stated that the reason they were brought forward in one ordinance is to help suppress excess paperwork and processing time as well as to save money on advertising costs. He advised that when these types of items are brought before the Commission they do not require a straight approval or denial and can be amended or part approved and part denied. 1: ~~ Ä¡i Mr. Grande stated that he did not think the changes to Section 10, non-confonning lots, were warranted and that he is sure Staff can find another way to resolve those situations. He also stated that the standards are a good idea but that on page 3, paragraph d, regarding screening vegetation should not be six feet at time of planting but should have to grow to that height within a certain period of time. Mr. Murphy stated that there are already minimum height restrictions for vegetation but that this particular section only applies to drive-throughs that shall not be located between a primary collector/arterial street and a building and that if they have no other option than they must provide a six-foot minimum vegetation screening. Mr. Grande stated that he feels that request is logical and reasonable but doesn't believe they should have to be that high at the time of planting. Mr. Lounds questioned if Mr. Grande is considering a large hedge area or screened area to hide ingress or something. Mr. Grande stated that was not correct and he was considering it was an area that would qualify for a requirement of six-feet but just not at the time planted. He continued that he feels the restriction should read that it would mature to six-feet within a reasonable specified amount of time. He stated that on page 4, section f, there was a reference to Chapter II.B, which should actually read III. B. Mr. Grande questioned why on page 5 there is a prohibited façade feature of reflective glass and Mr. Murphy stated that was so there wouldn't be a glass box building. Mr. Grande stated that the way he was reading it, it sounded like no reflective glass could be used as a feature to a façade. He continued that he was concerned about interpretation of that because that could mean there could not be a window on the front side of a building that has reflective glass in it. Mr. Murphy stated that he would have to review how the City applies that portion of the code. He stated that there is a difference between glass being reflective for solar treated purposes and mirrored glass. He continued that he felt this was intended to restrict the use of mirrored glass and Mr. Grande stated that he disagreed and could be interpreted differently. Mr. Grande stated that on page 7 they are prohibiting brightly colored glazed tile as a roof material and says that he doesn't feel it should be completely prohibited. He questioned Section B; number 6, on page 10, where it says signs should be kept below the top of roof. He asked if that meant the top of the roof or the bottom of the roof. Mr. Murphy stated that they wanted a roof line and did not want the sign above the top of the roof. Mr. Grande stated that on page 11, Section F, should have City Council replaced with Board of County Commissioners. Mr. Merritt stated that in all his years on the Commission he has never seen so many changes to the code as he has this past year and questioned where the requests are coming from. Mr. Murphy stated that these requests come from community interest and the interest of the County Commission. Mr. Merritt questioned how the word "drive through" on page 3 would be P & Z Meeting May 16, 2002 Page 37 '-" ..." interpreted. He stated that over on 25th street the medical center has a drive through for ambulatory pick-up and Mr. Murphy stated that would not be considered a drive through. Mr. Merritt stated that the wording doesn't specify and Mr. Murphy stated that the intention is to cover a drive through pick up window. Mr. Merritt questioned if page 7, item E where it states "butler buildings" are permitted for warehouse use only applies only to the commercial district. Mr. Murphy confirmed that was correct. ~~~~ Mr. Lounds stated that under that same section and item that butler buildings cannot be used for anything other than warehouse use. He questioned those businesses that run their business out of those and how it would affect them. Mr. Murphy stated they couldn't build a new butler building in the commercial district unless it is for warehouse use only. Mr. Merritt stated that this could affect car dealers and Mr. Murphy stated that could happen. Mr. Lounds questioned if Edwards Road between US #1 and Oleander are commercial and Mr. Murphy stated he believed that area is industrial. Mr. Lounds asked if he wanted to go into a commercial area and put up a butler building for a repair shop, he would be denied. Mr. Murphy explained that was correct. Mr. Lounds stated that he wasn't comfortable with that restriction. Mr. Lounds questioned if an example of a drive through pickup would be like what they have at Walgreens or Eckerds. Mr. Murphy stated that was correct but that most of them have their drive through on the side of the building and that the vegetative screening only applies if they have to have it on the front of a building. He continued that he tried to choose standards that have already been effectively implemented in other areas and the City of Port St. Lucie has used theirs for about five years. Mr. Lounds questioned if screening on the backsides of the buildings were a problem. Mr. Murphy stated they have other standards to address that, as does the County. Mr. Jones asked what the urgency of adopting an interim ordinance would be if they plan on creating a permanent ordinance. Mr. Murphy stated that rather than have no standards at all until a finalized plan is ready; these were available in the interim. Mr. Jones stated that with regards to the non-<:onforming lots, he fears that passing that will cause more problems than it is correcting. Mr. Hearn asked if this new ordinance would eliDÙnate manufactured commercial buildings. Mr. Murphy stated that would not happen because if they treat the facades in a way that meets the standards. Mr. Hearn questioned why they couldn't just do that for a butler building. Mr. Murphy stated there wasn't any real reason why they couldn't. Mr. Merritt stated they should probably remove the word "butler" from the standards. Mr. Murphy stated this is just an interim standard and could be changed at a later date. Mr. Hearn stated that he has been involved with non-<:onforming lot problems and if the language is changed to read; in any district principle permitted structures and customary accessory buildings may be erected on any single lot of record existing before July 1, 1984 provided that the lot meets the provisions of area, width, and frontage for the district in which the lot is located. Mr. Murphy stated that the only problem with his suggested wording would be the term frontage. Mr. Hearn stated that it already states that if the lot does not have any road frontage, as defined in Chapter 2, then proof of recorded legal ingress and egress acceptable to County Attorney must be furnished. Mr. Grande questioned if right now an old platted piece of land was subdivided and each of the subdivided lots conformed to the current requirements for building in that location and each had P & Z Meeting May 16,2002 Page 38 '-" -' :,',! \i ~"¡;: \"\ ,\1 an accepted ingress and egress they could build on it. Mr. Murphy stated that if you have an non- conforming subdivision and have contiguous holding, you can only get one building permit on that contiguous holding unless it was separated by a recognized street or easement. Mr. Murphy stated that if it was re-subdivided and platted it would have to conform to all current standards but this doesn't apply to it being re-subdivided. '.':~ I;,! Mr. Merritt questioned if this problem was created by the 1984 ordinance. Mr. Murphy stated that he does believe it was about then and this was correct that. Mr. Hearn stated that he agrees that a permit should not be issued on a lot that is not big enough or has the right width or frontage or dedicated easement without getting a variance as provided. He continued that he does have a problem with if you own two lots and sell one of them that are totally acceptable in size and it is not considered buildable. Mr. Lounds questioned if those issues would be corrected by passing this changed ordinance. Mr. Murphy stated that was correct. Mr. Lounds questioned if the issue is a lot that does not have frontage to drive to and this change would allow it to be built. Mr. Hearn stated that is not what he was stating. Mr. Grande stated he doesn't know of anything existing that says that you cannot build on a lot if you meet the requirements of frontage. Mr. Hearn stated that such a lot must be in separate ownership and not contiguous to other lots in the same ownership because if they are and they are sold, that makes them unbuildable. Mr. Murphy stated that would be correct unless the sixty-foot right-of-way is a public right-of-way or a private roadway built to County specifications. Chairman McCurdy opened the Public Hearing. Seeing no one, Chairman McCurdy closed the Public Hearing. Mr. Jones made a motion to continue Ordinance 02-015 to the June 20, 2002 Planning and Zoning Meeting at 7:00 p.m. or as soon thereafter as possible. Motion seconded by Mr. Hearn. Upon a vote, the motion was unanimously approved (with a vote of 7-0) and would be continued to the June 20, 2002 meeting. P & Z Meeting May 16,2002 Page 39 \., ..J (JN3FfiC~AL- S~U':';T TO r:; 9 .,~ ~~~~~n ¡ I", " ~>: !,U~~,~;ì~b U'ì Deve)opm~W~j~~~P'~ APPROVAL ~ 1~ \','" \)' ,).'" il,i ~t , ,i' AGENDA ITEM 6: ORDINANCE 02-015 - Amend Land (Architectural Standards & Non Conformine Lots): Mr. Hearn stated that due to the hour he would like to continue this item again until the July 18th meeting. Ms. Young stated that if they wish to make a motion to continue again, they do need to open the public hearing and hear any testimony and then once closed make that motion. Chairman Matthes opened the Public Hearing. Mr. Rob Russell stated that he has been trying for almost three years to get a permit to build a house on the lot he purchased. He also stated that he was in attendance at the previous June 20th meeting but did not speak and that was continued. He advised that he is in real need of help with his matter and would hope that they would not continue this item again. Mr. Hearn stated that he wanted his motion to continue the portion of the ordinance that related to architectural standards and would. like to resolve the non-conforming lot issues tonight. Chairman Matthes questioned if that could be done since both items were originally presented as one ordinance. Ms. Young stated that it is one ordinance and they could discuss the portion that relates to non-conforming lots but they would have to make a motion with regards to the ordinance as a whole. She continued that since it is one ordinance, they would not be able to just vote on half of it. Mr. Hearn questioned if they have to give a yes or no on the whole ordinance or could they give two separate recommendations on each subject. Ms. Young stated their motion could indicate that they are making an overall recommendation for the ordinance as a whole, but add that they are in support of one part or the other. Chairman Matthes asked if they could recommend that the architectural portion be broken out of this ordinance and have it re- presented under a separate number. Ms. Young stated that they could recommend that it be done that way. Mr. Grande stated that this point came up last month and that they would really not like to have ordinances that cover multiple, separate categories under one number and would not like this to happen again. He continued that ordinance should be single topics only and would like some justification as to why they are lumping together different subjects. Ms. Young stated that they should make a recommendation for approval or denial of the ordinance as a whole, but then include in the recommendation that they would like the architectural portion separated. She continued that it would go to the Board as presently drafted unless directed differently by the Commission. Mr. Kelly stated that the LPA could recommend that they would like to have it separated when it goes to the Board. Chairman Matthes questioned if they could request all reference with regards to architectural standards be deleted and then leave the rest of this ordinance as it is with regards to non-conforming lots but bring back the architectural portion under a separate number. Ms. Young stated they could recommend that if that it what they want. Mr. David Kelly, Planning Manager stated that Agenda Item # 6 was continued from the June 20th meeting and proposed two amendments to the County's Land Development Code. He stated that he was going to use St. Lucie Gardens as an example to show a pattern of lots that has a row of easements for access alternating on the property lines. He advised that several years ago this was reviewed and they decided that it was not a good idea to continue to allow lots of development on easements where the county would not be able to provide roads and could cause service issues. He continued that the County currently has a restriction that states if you have a non-conforming lot of record, if you have more than two or three parcels in a row, they are P & Z Meeting June 20, 2002 Page 26 '-'" (F.'l~.'0 r""~l'HI to! . '., 'f: "::. ' ".," ê,'" 'i;U"l ...., ~n.t;~..,<J U t:~~JM~^l:." _ St?~ ;~'1 HJ;;\:;:';:-; ~;¡, 7,-:'t'~11' considered to be one parcel unless they are divided by a roadway or easement. iig¡~~¡dh¡i' Af;;¡;~1â'VAl they had been approached about situations where an individual had three lots together, not separated by anything, and they sold parcels in a private transaction. Those individuals that bought the parcels tried to apply for a building permit and were told their parcel is considered to be part of the parent parcel and was never legally divided under the non-conforming statues. He also stated that this amendment would eliminate the contiguous lot prohibition. He continued that, if approved, a series of lots under common ownership would revert back to the original legal description of the parcel. He stated that if you have five lots, under the current guideline, they would be considered one. He advised that under the proposed amendment it would be considered as five. Mr. Trias asked how this would be solved. Mr. Kelly stated that by changing the language in the Land Development Code to take out all of paragraph 2 and some of the language in paragraph 1 that says, "such lot must be in separate ownership". Mr. Merritt stated that he failed to see the common sense in the way the current code is written. Mr. Kelly stated that is why they are trying to correct some of these issues with this change. Mr. Grande stated that if they were public roads instead of private easements, then it would not be an issue. Mr. Kelly confirmed that was correct. Mr. Heam questioned the wording in the first paragraph, around the 18th line, about a variance from yard dimensions and if it meant the distance that a house has to be from a side yard. Mr. Kelly stated that it is pointing out that any variances that may be needed have to be acquired from the Board of Adjustment. Mr. Hearn asked what the definition of "yard dimensions" was. Mr. Kelly stated it is discussing those areas other than area, width, or frontage. Mr. Hearn stated that the word "yard dimension" is with regards to setbacks and Mr. Kelly confirmed that would be correct. Mr. Rob Russell stated that he is in this situation because he bought a lot from someone in St. Lucie Gardens who had owned lots that were contiguous. He continued that he received a letter from Ms. Linda Pendarvis of the Public Works Department that stated they determined his property does not meet the criteria for a non-conforming lot of record and lacks the required road frontage for AR-l (Agricultural, Residential - 1 dulacre) zoning. He stated that his lot is off of Tilton Road, which is east of U.S. 1 off of Dyer Road. He continued that the man who sold him the lot had purchased three separate lots at three separate times but since the one he purchased was contiguous it became unbuiIdable. He questioned why they are considered to be one lot when they were each purchased at separate times and they pay three different property taxes for each individual property. He also stated that there are homes to the right and left of his and they are buildable, which doesn't make sense to him. He advised that his lot is only 330 feet from the comer of Tilton Road and has spoken with Commissioner Bruhn about these issues. Chairman Matthes questioned if this proposed change would solve Mr. Russell's problems. Mr. Kelly advised that it is his understanding that it would. Mr. Merritt questioned if by changing this they would be creating more problems. Mr. Kelly stated that he isn't sure if it would create any more problems but that it would resolve many of the problems that have come from the original change. Mr. Heam stated that he ran into a situation where he sold a lot but previously the same man owned two contiguous lots, the lot he sold was not considered to be buildable. Mr. Russell stated that is the same type of situation he is in today and that people behind his property are buildable, but he isn't. Mr. Grande questioned if this problem has arisen because Meehan Lane (which is now Tilton Road) is a private road. Mr. Kelly confmned that is correct and if it were a county or public road, in general, this would not be an issue. P & Z Meeting June 20, 2002 Page 27 ~ ...,~ T'., :çn~~ "A·l- A ¡~ ~!~,".'l."J:"'; . };; -. - = . t...,~ Tn \.1,,'.....'.;. ~ U ~j "F': .:~ & "1.n..,~,J.!_\\.!~ ~~...,.._-.r~..'.:,_, (. tJ..f.. UJ Cmj::V1;S2m:~ FIPPRUVAl Mr. Merritt asked Mr. Russell if he was planning on building a home on that lot. Mr. Russell stated that he had been approved to build a home, using the lot as collateral, almost three years ago, but was denied when he came in to request his building permit. He continued that he had his lot prepped to be built on at that time but has been fighting ever since to get a permit to build. Seeing no one else, Chairman Matthes closed the Public Hearing. Mr. Hearn made a motion to recommend approval of the amendments to the wording in Section 10.00.04, Section A, Number 1 and to delete Number 2 in it's entirety, Non- Conforming Lots and also to delete all sections regarding creating Section 7.10.24, Interim Architectural Standards and have those resubmitted under a separate ordinance number. Motion seconded by Mr. Merritt. Upon a roll call vote, the motion was unanimously approved (with a vote of 7-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting June 20,2002 Page 28 '- ~ ...., AGENDA REOUEST ITEM NO. 6A DATE: JUly 16, 2002 CONSENT [ ) REGULAR [ X ) PUBLIC HEARING [ ) Leg. [ ] Quasi-JD. X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Works DeDartment PRESENTED BY: cØ-~~ Department Head SUBJECT: Request for County Commission to declare unsafe the structure located at 1808 Ave. Q, Fort Pierce. BACKGROUND: The structure located at 1808 Ave. Q, FOrt Pierce, FL, has been determined to be unsafe by the Building Official. The County Commission must take affirmative action to declare the structures unsafe and hold a public hearing to take appropriate action to remove the safety hazard. FUNDS AVAIL.: Other Contractual Services, Acct No. 102-2415-534000-200 PREVIOUS ACTION: After inspection, the Building Official declared the structure unsafe and a public nuisance on March 18, 2002. RECOMMENDATION: Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and COJtQ;>i1ed Laws, County Staff recommends that the Board declare the structure located at 1808 Ave. Q, Fort Pierce, Florida, to be unsafe and that the Board hold a pUblic hearing on Aug. 20, 2002 at 7:00 p.m. or as soon thereafter as possible to take such further action as is appropriate under Article III of Chapter 2-5 of the Code. [·iêJ [ ) APPROVED [ OTHER: (5-0) ) DENIED sAnderson y Administrator COMMISSION ACTION: E: County Attorney. X ~ Mgt I'< Budget.X Public Works, X atures Originating Dept.X Other. Finance: (copies only): (02100 agendal 180B eve.Q ) EFF. 1114193 ~ """" MEMORANDUM PUBLIC WORKS DEPARTMENT CODE COMPLIANCE DIVISION TO: Board of County Commissioners FROM: Dennis M. Grim, CBO, Code Compliance Manager, DATE: June 25, 2002 SUBJECT: Request to declare the building at 1808 Ave. Q, Fort Pierce Florida unsafe and to request a public hearing to consider appropriate actions. Under the provisions of Article III of Chapter 2-5 of the St. Lucie County Code or Ordinances and Compiled Laws the building at 1808 Ave. Q, Fort Pierce, Florida, was inspected on March 18, 2002, and it has been determined to be unsafe and to constitute a public nuisance. A copy of the Certified Report of Inspection of the Structure describing the condition of the building for filing with the Board is attached to this memorandum. Under the provisions of Section 2-5-43 it is recommended that the Board accept the Certified Report of Inspection of Buildings for filing and declare the building to be unsafe and that a public hearing be held so that the Board may take such further action as is appropriate with regard to the unsafe building at 1808 Ave. Q, Fort Pierce, Florida. DMG:csl Enclosure as noted H,\WP\CONDEMN\02100 memo \w ....., CERTIFIED BUILDING OFFICIAL REPORT DATE: March 18,2002 BUILDING AT 1808 Avenue Q, FORT PIERCE, FL The building located at 1808 Avenue Q, Fort Pierce, Florida is blighted and is manifestly unsafe and unsanitary for use as a single family dwelling. The building is in such a condition as to constitute a public nuisance. Specific conditions which exist include: Absent of proper foundation and tie down Openings in the structure Lack of plumbing, electric and HV AC Systems. Lack of proper roof covering Windows and doors missing Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building at 1808 Avenue Q, in Fort Pierce, FL is determined to be UNSAFE. fÝ-IkJL DENNIS M. GRIM, CBO Building Official St. Lucie County cc. County Attorney Public Works Director DMG:csl inspection. 1st notice Property Appr\., - St.Lucie County, FL .., Page 1 of 1 Clifford Boston Record: 1 of 1 Property Identification PROPERTY RECORD CARD «Prev Next» Spec.Assmnt Taxes Exemptions Permits Map Site Address: SecfT own/Range: Map ID: Zoning: 1808AVQ 04:35S:40E 24/04N ParcellD: Account #: land Use: City/Cnty: 2404-214-0008-000-9 16274 SF Res "." \.\1&1£ :Q~ .... ;..\ J~ Ownership and Mailing Owner: Address: Clifford Boston 1808 Ave Q Fort Pierce Fl 34950-2084 legal Description 43540 BEG 450 FTW OF SE COR OF NE 1/4 OF NW 1/4,TH N 100 FT,TH W 50 FT,TH S 100 FT,TH E 50 FT TO More... Sales Information Date Price 8/8/1996 100 5/1/1 985 5500 Code 01 01 Deed WD CV Book/Page 1031/0860 0464 I 0390 Assessment 2001 Val: Assessed: Ag.Credit: Exempt: Taxable: 11000 11 000 o 11 000 o Total land and Building Total land: 0.11 Acres Buildings: 1 Year Built: 1957 Total Bldg: 800 SqFt BUilDING INFORMATION ClicKh.eri'l to view sketch delails. Click here to enlarae oicture. . Exterior Features View: Foundation: PR RoofStruct: GA - Gable AIt.lUC: YearBI!: 1957 Frame: ExtType: HE+ - HE+ EflYrBIt: 1960 PrimeWall: WN - Wood no Sh Grade: E+ - E+ NO.Units: 1 SecWail: StoryHght: 0010 - 1 Story Roof Cover: RC - Roll Comp SecWail%: Interior Features Rooms: 6 Insulation: AvgHlIFI: STD BedRooms: 2 #HeatSys: 0 PrmlntWall: PB - PANEL BOARD FullBath: 1 HeatType: SeclntWall: FuIlRtng.: ANTl-ANTl HeatFuel: Partition: AddlBath: %Heated: 0 Prm.Flors: DP - Double Pine AddIRtng.: %AJC: 0 SecFloors: 1/2Bath: %Sprinkled: 0 %Sec.Floors: 1/2Rating: Electric: AV - AVERAGE Basement: Special Features and Yard Items land Information Type YIS Qty. Units Qual. Condo YrBIt. No. land Use Type Measure Depth SDSF Y 1 1 AV AV 2001 1 0100-SF Res 525 -Acres 0.11 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://lO.l.28.86/PRC.asp?prclid=240421400080009 6/26/2002 "" 1808 AVENUE Q March 19, 2002 ...., "" 1808 AVENUE Q March 19, 2002 ., Avenue Q I ---------- ---- 9 /0 /I 1/2 -+--' I Q) 1 25 Q) 24 L 26 -+--' 23 /6 /5 /4 13 46 (f) ...c 27 22 -+--' ---- ...c (J) 45 28 -+--' ..-- co 2/ ---- ..-- Avenue P ...c 44 29 -+--' ...c 20 L 43 30 -+--' 0 L Z 0 /9 9 /0 /I /2 42 3/ Z /8 4/ . . . .. bject P operty "" 'WI Unsafe Buildings ............ - - · · - - · - - · 1808 Avenue Q ~.t~~~ t Map prepared June 26, 2002 r ThII IMp hBI been compi!«l1orgeneralpl¡rnlng øna I1lIlnnDlI U'Xl8IlB mt. ¥mile fMI)' IIIlØthel tIMn IMÓe lÐ protide 1IMt moIIClSrentIl'ld acanI8 N Informclon JXlUI*l. illlld rwmed IDr use .. . ~ ondhg docurnn. --... '-" ......; AGENDA REOUEST ITEM NO. 6B DATE: July 16, 2002 CONSENT [ ] REGULAR [ X ] PUBLIC HEARING [ ] Leg. [ Quasi-JD. X TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Works DeDartment ~RESENTED BY: ~/h¡<~ Department Head SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X] [ ] APPROVED [ OTHER: (5-0) Request for County Commission to declare unsafe the structure located at 2205 Elizabeth Ave, Fort Pierce. The structure located at 2205 Elizabeth Ave, Fort Pierce, FL, has been determined to be unsafe by the Building Official. The County Commission must take affirmative action to declare the structures unsafe and hold a public hearing to take appropriete action to remove the safety hazard. Other Contractual Services, Acct No. 102-2415-534000-200 After inspection, the Building Official declared the structure unsafe and a public nuisance on March 18, 2002. Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and C~iled Laws, County Staff recommends that the Board declare the structure located at 2205 Elizabeth Ave, Fort pierce, Florida, to be unsafe and that the Board hold a public hearing an Aug. 20, 2002 at 7:00 p.m. or as soon thereafter as possible to take such further action as is appropriate under Article III of Chapter 2-5 of the Code. ] DENIED Anderson Administrator ~~ C~ination/Sianatures County Attorney:X ~Mgt &. Budget.X . ~rcha.ing: Originating Dept:X Public Works:X t~ Other. Finance: (copies only). (02101 agendal 2205 Elizabeth Ave. ) EFF. 11/4/93 '-' .....,¡ MEMORANDUM PUBLIC WORKS DEPARTMENT CODE COMPLIANCE DIVISION TO: Board of County Commissioners FROM: Dennis M. Grim, CBO, Code Compliance Manager, DATE: June 25, 2002 SUBJECT: Request to declare the building at 2205 Elizabeth Ave., Fort pierce Florida unsafe and to request a public hearing to consider appropriate actions. Under the provisions of Article III of Chapter 2-5 of the St. Lucie County Code or Ordinances and Compiled Laws the building at 2205 Elizabeth Ave., Fort Pierce, Florida, was inspected on March 18, 2002, and it has been determined to be unsafe and to constitute a public nuisance. A copy of the Certified Report of Inspection of the Structure describing the condition of the building for filing with the Board is attached to this memorandum. Under the provisions of Section 2-5-43 it is recommended that the Board accept the Certified Report of Inspection of Buildings for filing and declare the building to be unsafe and that a public hearing be held so that the Board may take such further action as is appropriate with regard to the unsafe building at 2205 Elizabeth Ave., Fort Pierce, Florida. DMG:csl Enclosure as noted H,IWP'CONDEMNI02101 memo "'" ....", CERTIFIED BUILDING OFFICIAL REPORT DATE: 3/18/02 BUILDING AT 2205 ELIZABETH A VENUE, FORT PIERCE, FL The damaged building due to neglect located at 2205 Elizabeth A venue, Fort Pierce, Florida has been determined blighted and is manifestly unsafe and unsanitary for use as a single family dwelling. The building is in such a condition as to constitute a public nuisance. Specific conditions which exist include: open and unsecured structure damaged walls and ceilings damaged electrical wiring missing doors and windows damaged roof Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building at 2205 Elizabeth A venue, in Fort Pierce, FL is determined to be UNSAFE. CJ--A ß- DENNIS M. GRIM, CBO Building Official St. Lucie County cc. County Attorney Public Works Director DMG inspection.l5t notice Property Appr\-. - St.Lucie County, FL Jack Hoyt Record: 1 of 1 Property Identlflcafion Site Address: Sec!T own/Range: Map 10: Zoning; Ownership and Mailing Owner: Address: Sales Information Date Price 2/1/1978 20500 10/1/1977 14000 Click here 19_ vie-"t sketch details. Exterior Features View: AIt.lUC: ExtType: Grade: StoryHght: Interior Features Rooms: BedRooms: FullBath: FuIlRtng.: AddlBath: AddIRtng.: 1/2Bath: 1I2Rating: 2205 ELIZABETH AV 28 :35S :40E 24/28N «Prev PROPERTY RECORD CARD Next » Jack Hoyt 2205 Elizabeth Ave Fort Pierce Fl34982-6449 Code 00 00 Deed CV CV Book/Page 0282 / 2517 0275/1027 ParcellD: Account #: land Use: City/Cnty: ...., Spec.Assmnt Taxes Page 1 of 1 Exemptions Permits Map Legal Description FLEETWOOD ACRES BlK 3 lOT 11 (0.18 AC) (OR 282-2517) Assessment 2001 Val: Assessed: Ag.Credit: Exempt: Taxable: BUILDING INFORMATION ~ " " " , "~ , ." ---,,-- " , " HD-HD D-D 0010 - 1 Story 6 2 1 ANTL-ANTL Special Features and Yard Items Type Y/S Qty. Units 3CHT S 1 0000000001 SDSF Y 1 t Foundation: YearBIt: EffYrBlt: NO.Units: Roof Cover: Insulation: #HeatSys: HeatType: HeatFuel: %Heated: o./öAJC: %Sprinkled: Electric: Qual. AV AV Condo AV AV Click here to enlaroe picture. CN 1957 1977 1 TG - Tar & Gravel o o o o AV - AVERAGE Land Information YrBIt. No. Land Use 1977 1 0100-SF Res 2001 2428-604-0047-000-5 32472 SF Res 34100 34100 o 25000 9100 Total Land and Building Total land: 0.18 Acres Buildings: 1 Year Built: 1957 Total Bldg: 1285 SqFt RoofStruct: Frame: PrimeWall: SecWall: SecWall%: AvgHt/FI; PrmlntWall: SeclntWall: Partition: Prm.Flors: SecFloors: %Sec.Floors: Basement: Type 215 -Front Ft GA - Gable BP - Cone Block STD PN - PN CU - Carpet Measure 60 Depth 130 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://10.1.28.86/PRC.asp?prclid=242860400470005 6/26/2002 '-'" ..." 2205 ELIZABETH AVE 1/16/02 JACK HOYT '-" "WI 2205 ELIZABETH A VB 1/16/02 JACK HOYT "'" ....", Unsafe Buildings 8 I 18 I D I I 16 15 I I 16 I Bar bar a Avenue ...... I 2 3 4 5 6 7 8 (/) I 2 "'0 \... 1'1') ...... N Q) 16 I 15 141 Q) 13 /2 1/ 10 9 22 21 \... I I (/) ...... (/) £ Elizabeth Avenue ...... LO I I 2 I N 31 9 10 4 5 6 7 8 £ I I ...... :J 0 (/) 2205 Elizabeth Avenue :;p-~~~- t Map prepared June 26, 2002 lllillTllP_beenOOf'l'lllleÞdror~plamiQj.fI;I""'-'œl:U;lOlOScrty. Wh...."eIlanllubllønmflllllOprwldIbmollClllrll'll:and«lCl.Rle \ i"IlOrmIllcwlpoMtlle,.I.notll'Undldlaru....~blndilgdowT'enl. ~. '-'" ...., CONSENT ITEMS BOARD OF COUNTY COMMISSIONERS MEETING - t 07/12/02 F7,ABWARR FUND 001 001007 001140 001143 001151 001265 001267 001809 101 101002 101003 102 102001 102104 103 105 107 107001 107002 107003 140 - íOOl J800 145112 160 183 183001 183002 183004 183214 184203 184804 185002 205 242 282 316 316001 382 395 401 418 421 441 448 449 4"1 \ "-" ST. LUCIE COUNTY - BOARD ...., WARRANT LIST #41- 06-JUL-2002 TO 12-JUL-2002 FUND SUMMARY TITLE General Fund General-Energy Efficiency Fund Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 Urban Mobile Irrigation Lab Grant TDC Planning Grant FY01/02 EMPA 01/02 Dept. of Community Affai SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Law Enforcement MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Port & Airport Fund Port Fund IRL Taylor Creek Restoration SFWMD NOAA/CIP Beår Point Integration Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court 01/02 OSCA Civil Traffice Infractio Ft. Pierce Beach Restoration FIND So. Causeway Shoreline Stabil. SHIP Housing Assistance FY 01/02 Beach Bond I&S Fund Port I&S Fund Environmental Land I&S Fund County Capital Transportation Capital Environmental Land Capital Fund River Branch MSBU Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund EXPENSES 86,804.03 264,366.39 64.65 1,248.84 1,130.50 48.69 58.45 25.83 11,729.28 20,000.00 13,002.72 29,394.33 9,409.30 11.20 5,626.11 1,315.65 377,558.10 7.70 16,976.70 11,876.61 6,746.40 5.33 2,569.36 32.93 697.69 37.10 180.15 115.00 32.53 2,400.00 58,031. 73 41,091.89 13.30 4,516.56 1,326.06 8,794.31 105,571.70 240.00 11,177.66 23,100.00 203,913.90 498.66 3.41 84.31 7.12 6.18 9,823.36 8.88 PAGE 1 PAYROLL --- 763.68 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 233.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1. 54 32.62 0.00 0.00 2.34 0.00 i ~ 07/12/02 F7.ABWARR FUND 461 471 478 479 491 505 505001 611 625 630 '-" ST. LUCIE COUNTY - BOARD ...., WARRANT LIST #41- 06-JUL-2002 TO 12-JUL-2002 FUND SUMMARY TITLE Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund GRAND TOTAL: . EXPENSES 3,552.85 189.19 4.47 3.12 470.13 496,899.16 16.10 3,632.37 6,710.00 76,505.16 1,919,663.15 PAGE 2 PAYROLL 0.00 41.18 0.00 0.00 0.00 8,289.55 0.00 0.00 0.00 0.00 9,363.95 t_ \...- ...", 07/12/02 ST. LUCIE COUNTY - 30k~ F7.ABWARR VOID LIST# 41- 06-JUL-2002 TO 12-JUL-2002 ÞU1~: 140001- Port Fund CHECK 00286110 00286119 INVOICE I2223399 I2223398 PAGE VENDOR Fla Property Consultants Group Fuller Armfield Wagner Apprl R FUND TOTAL: TOTAL 131000.00 121500.00 25,500.00 . AGENDA REQUEST ~EM NO. C-2-A , DATE: July 16, 2002 REGULAR [ ] HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasino Michael Rath, Purchasino Director SUBJECT: Extension öf Contract No. C99-09-607 with GreenScapes, Inc. BACKGROUND: On September 14,1999 the Board of County Commissioners approved, pursuantto Bid No. 99-072, a three-year contract through September 30, 2002 for Roadside/Longline Mowing for the Road and Bridge Division. The contract allows for two (2) additional one-year extensions at the same terms and conditions. On March 15, 2000 a Change Order was approved amending the scope of work to include mowing of St. James Drive from Midway Road south to Airoso Boulevard. Staff is requesting authorization to exercise the first one-year contract extension in the annual amount of $158,214. FUNDS AVAILABLE: Funds are available in Transportation Trust Fund, Road & Bridge Maintenance, Other Contractual Services Account No. 101-4110-534000-400. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the extension to the current contract with GreenScapes, Inc., through September 30, 2003, and authorization for the Chairman to sign the extension as prepared by the County Attorney. COMMISSION ACTION: r 1 APPROVED [] DENIED 1t OTHER: Pulled prior to meeting. County Attomey:(X) ,Jf-- CoordinationlSie:natures Mgt. &BUdget(X)~ Other: Purchasing Mgr.:(X) Other: Jß- , Originating Depl: Finance: (Check for Copy only, if Applicable) Eft. 1/97 c '-' '-' . CONTRACT EXTENSION WITH GREENSCAPES, INC. THIS CONTRACT EXTENSION made this day of , 2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (County) and GREENSCAPES, INC., or his, its or their successors, executors, administrators and assigns (Contractor). WHEREAS, on September 14, 1999 the parties entered into a Long Line Mowing Contract (the "Contract") whereby the Contractor agreed to provided Roadside/Long Line Mowing services for St. Lucie County; and WHEREAS, on March 15, 2000 the parties executed Change Order No. 1 whereby the Contractor agreed to provide mowing services for St. James Drive as additional mowing services; and WHEREAS, the parties have agreed to exercise the first extension option. NOW, THEREFORE, inconsideration of the premises and the mutual benefits which will accrue to the parties hereto in extending the Contract, the term of the Contract is hereby extended through and including September 30, 2003 on the same terms and conditions. Payment for this first extension year shall be thirteen thousand three hundred twenty-one dollars and 40/100 ($13,321.40) per cycle for the base contract plus the additional two thousand five hundred dollars and 00/100 ($2,500.00) per cycle for Change Order No. 1 for a total per cycle amount of fifteen thousand eight hundred twenty-one dollars and 40/100 ($15,821.40). 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: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: 1 '-' '-' COUNTY ATTORNEY WITNESSES GREENSCAPES, INC. By: AUTHORIZED REPRESENTATIVE Print Name: Title: 2 \w ,..-.::'-=--- :of-=:-, -,,-::-. - ....., LONGLINE MOWING CONTRACT -- ---..--- (! (/y - ú9 -00 7 THI S CONTRACT, made thi s /t/+;¡ day of~~~ A.D. 1999, between ST. LUCIE COUNTY, a political Subdivision of the State of Florida, hereinafter called the "COUNTY" and Green Scaoes, Inc., or his, its or their successors, executors, -- administrators, and assigns hereinafter called the "CONTRACTOR": 1. PURPOSE WITNESSETH: That the Contractor agrees with the County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies and labor necessary to carry out this Agreement in the manner and to the full extent as set forth in the proposal and the accompanying plans, specifications, addenda if any, mowing schedules as prepared by the St. Lucie County Road and Bridge Division of Public Works, and drawings, and they are as fully a part of the Contract as if hereto attached or herein repeated, and under security as set forth in the attached Contract bond, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Agreement. 2. GENERAL DESCRIPTION OF WORK It is agreed that the work to be done under this Contract is: A. Maintaining tbe following roads or areas: ROAD OR AREA Walton Rd. Lennard Rd. Mariposa Ave. Kitterman Rd. Saeger Ave. Oleander Ave. Weatherbee Rd. Tumblin Kling Rd. Enterprise Rd. DiGeorgio Rd. Bell Avenue Sunrise Blvd. DESCRIPTION Indian River Dr. to U.S. 1 Walton Rd. to U. S. 1 U.S. 1 to Lennard Road U.S. 1 to Oleander Ave. Oleander Ave. to U.S. 1 Edwards Rd. to Beach Ave. Oleander Ave. to Midway Rd. Oleander Ave. to U.S. 1 Bell Ave. to N. End Oleander Ave. to Enterprise Rd. Oleander Ave. to S. 25th St. Edwards Rd. to Midway Rd. Page 1 of 20 MILES 3.00 2.50 .20 .50 .50 5.00 1.60 .50 .75 .25 1. 00 2.60 ROAD O~EA S. 25TH Str. Selvitz Rd. Glades Cutoff Rd. Rangeline Rd. Midway Rd. Eleven Mile Rd. McCarty Rd. Shinn Rd. Header Canal Rd. Sneed Rd. 'Carlton Rd. .Germany Canal Rd. Orange Ave. Campbell Rd. Picos Rd. S. FFA Rd. N. FFA Rd. Gordy Rd. Rock Rd. Graham Rd. Copenhaver Rd. Peters Rd. Jenkins Rd. Edwards Rd. McNeil Rd. S. 35th Str. Kirby Loop Cortez Blvd. Hartman Rd. Angle Rd. Keen Rd. Johnston Rd. Indrio Rd. St. Lucie Blvd. Hammond Rd. Old Dixie Hwy. DESCRIPTION ..., Edwards Rd. to Midway Road Edwards Rd. to Midway Rd. Selvitz Rd. to the end Glades Cutoff Rd to S.County line Indian River Dr. to Okeechobee Rd. Okeechobee Rd. to Midway Rd. Okeechobee Rd. to Midway Rd. Orange Ave. to Midway Rd. Orange Ave. to Okeechobee Rd. Orange Ave. to Okeechobee Rd. Okeechobee Rd. to Glades Cutoff Rd. Carlton Rd. to the end Kings Hwy. to W. County line Picos Rd. to Orange Ave. Kings Hwy. to Campbell Rd. Picos Rd. to S. End Orange Ave. to Angle Rd. Okeechobee Rd. to Ten Mile Bridge Okeechobee Rd. to Orange Ave. Jenkins Rd. to Kings Hwy. Graham Rd. to Orange Ave. Graham Rd. to Andrews Ave. Orange Ave. to S. of Edwards Rd. U. S. 1 to Jenkins Road Okeechobee Rd. to Edwards Rd. Okeechobee Rd. to Kirby Loop S. 35th Street to McNeil Rd. S. 35~ Street to Sunrise Blvd. Orange Ave. to Okeechobee Rd. Orange Ave. to Godwin Rd. Angle Rd. to St. Lucie Blvd. Angle Rd. to North to County line Old Dixie Hwy. to Kings Hwy. N. 25th Str. to Seminole Rd. St. Lucie Blvd. to N. End U.S. 1 to North to County line SUBTOTAL MILES = ADDENDUM NO.1 TO ROAD LIST: Ideal Holding Rd. Okeechobee Road to Mach One Dr. Ideal Holding Rd. Mach One Dr to Tranquility Base Ln Kitty Hawk Court Ideal Holding Rd to West End Mach One Drive Ideal Holding Rd to West End Tranquility Base Ln Ideal Holding Rd to West End ADDITIONAL MILES = TOTAL MILES = B. Each roadside can be cut up to ten (10) times each year of the contract, in accordance with the provided by the Project Manager. MILES 2.50 2.25 16.00 6.00 11.15 2.00 3.10 5.00 5.10 5.50 8.75 4.25 17.00 1. 00 2.50 1.25 1.50 .50 2.82 1. 00 1.25 .75 3.00 3.50 1.00 1.00 1.00 1.30 1.35 8.20 1. 00 6.75 2.65 3.50 .50 6.75 161. 07 1. 60 0.40 0.55 0.50 0.50 3.55 164.62 during schedule C. The areas must be cut to a length of no more than four (4) inches. Page 2A c:: ~" '¿"..,¡ '-' 'wi! D. All debris and litter must be removed on each and every roadside prior to each mowing cycle as part of the procedure of maintenance. E. County rights-of-way must be entirely maintained, front, center and back slopes. This may require a boom type mower and tractor. Some roadways will require multiple passes. It will be required that in the event of a flooded area, the maintenance will be performed in that area at a later date. .' F. All traffic sians, auardrail , power poles and County structures as designated by Project Manager, must have weedeating performed after each mowing cycle. G. Proper precautions must be taken to maintain traffic control whenever necessary. 3 . PROJECT MANAGER The Project Manager for the County is the Road and Bridge Manager or his representative at (561) 462-2717. The Project Manager for the Contractor is John~Owens at (561) 464-1544. 4 . CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, pages 1 through 20 inclusive. B. Contractor's Bid. C. Specifications, consisting of: Invitation to Bid. Instructions to Bidders. D. Addendum No. -1- to -1-, inclusive. E. Insurance Certificates, which shall be provided by the Contractor, along with the return of this executed Contract. F. Any Modifications, including change orders, duly delivered after execution of this Contract. 5. PERFORMANCE GUARANTY That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the work; and further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor Page 3 of 20 fr~his or its obligations to do and complet~he work in accordance with this Agreement. If the County deems it inexpedient to require the Contractor to correct deficient or defective work, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. 6. TIME OF PERFORMANCE The Contractor shall begin work within fourteen (14) calender days after the signing, execution and delivery of written notice to proceed. Succeeding assignments shall begin not more than five (5) days after issuance of subsequent work documents. Work shall proceed with litter pickup followed by mowing, followed by weedeating. The work shall be conducted in such a manner and with sufficient labor., materials, tools, and equipment necessary to complete the work within the time limit set forth in the Contract. Should the organization of the Contractor, or its management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stated time, then the County shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necessary to complete the work as planned within the required time and to charge the cost of all such work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation or expenditure made by the Contractor prior to the effective date of this Contract, unless the County authorizes such payment in writing. 7 . TERM The Contract term will be for a period of three (3) years, beginning at the date found above and terminating, S~ptember 30th, 2002. At the option of the pãrt~es, tn1~-Agreement - may be renewed for two (2) additional one (1) year periods upon the same terms and conditions except for the compensation wherein described in Paragraph 15. This option shall be deemed exercised and the contract renewed for an additional one (1) year period upon the County's written notification to Contractor that it will exercise this option to renew. Such written notification shall be given thirty (30) days prior to the expiration of this Contract. 8. STATUS OF WORK The County will be advised, at its request,as to the status of work being done by the Contractor and of the details thereof. Coordination shall be maintained by the Contractor with the Project Manager. Either party to the contract may request and be granted a conference. Page 4 of 20 Th~rOject Manager shall have the authority 'wi! suspend the work, wholly or in part, for such period or periods as may be deemed necessary àue to conàitions that are considered un-favorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to comply with any or all provisions of the contract. Such suspension shall be ordered in writing, giving in detail the reasons for the suspension. Should inclement weather limit or stop the Contractor from working, the Project Manager will be notified of work stoppage and the units actually completed and accepted will be paid for a Contract unit prices. It shall be the responsibility of the Contractor to schedule work in a manner that work delays, stoppages and rework requirements are minimized. Should the work be manifestly incompetent or inadequate, then the County shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necessary to complete the work as planned within the required time to charge the cost of all such work against the Contractor. 9. PRE-WORK CONFERENCE The County's Project Manager will call a pre-work conference prior to the beginning of work by Contractor to review the proposed work with the Contractor and other affected parties. The County's Project Manager will provide the Contractor with a work document showing the location and estimated units of work to be performed. Upon completion of assigned work the Contractor will notify the County's Project Manager and certify that the work quantities and quality were accomplished in accordance with these specifications. This certification will be accomplished by the signing and return of the work document. The County's Project Manager will review the completed work to verify the quantity and quality prior to approving the daily work document. See attached Document "A". 10. WORK ASSIGNMENT AND PLANNING The Project Manager will notify the Contractor when to proceed with work by issuance of a work document. The Contractor will be expected to begin work within five (5) working days of the issue of the respective work document. The initial work document will allow fourteen (14) calendar days to respond. All work begun shall be worked in a continuous and expeditious manner. Work shall proceed with litter pickup, followed by mowing, followed by weedeating. Failure to do so may constitute unsatisfactory Page 5 of 20 pr~ress. If the Contractor does not begin w~ by the end of the fifth day, excluding the date of initial notification, a delinquency penalty of $50.00 per work day will be charged and deducted from payment thereafter until the work begins. Work documents will identify the location, description and amount of work to be accomplished. 11. ALTERATION IN SCHEDULE ~ During the execution of this contract, the County's Project Manager shall have the right to make alterations in the mowing schedule as may be necessary to obtain satisfactory completion of the specified work. No alterations will be made that result in substantial change in the general character of the work or significantly reduce daily production. 12. CONTROL OF WORK Authority of the County's Project Manager. 1. All work shall be done to the satisfaction and. under the supervision of the County's Project Manager. 2. Other work may be in progress by the County or under separate contract. The Contractor shall cooperate with others and shall not be entitled to extra compensation or adjustments to contract unit prices because of deletion of work items or delay because of work by others. 13. WORK SCHEDULE The Contractor shall perform his operations so as to minimize any inconvenience to adjacent businesses, residences and motoring public. All work shall be performed during daylight hours. No work shall be done when weather conditions limit good visibility to less than 500 feet. No work shall be performed on Sunday or on Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day, Independence Day or Labor Day. When any of these holidays falls on a Sunday, no work under this contract shall be done on the following Monday. If it falls on a Saturday, no work shall be done on the preceding Friday. No work shall commence on subsequent work documents until the satisfactory completion or progress of previously issued assignments has been confirmed. The only exception to this occasion is when the Project Manager determines that such Page 6 of 20 '-' ~ other work is in the best interest of the coun~; and should be expedited. 14. PERMITS, NOTIFICATION AND FEES It shall be the Contractor's responsibility to secure all permits necessary to conduct the work in accordance with required regulations and to notify all applicable utilities or parties affected by his operations. He shall further be responsible for all fees associated with the performance of this Contract. .... No work shall be performed under the provisions of this contract on any properties outside the limits of the County maintained right-of-way without the express written permission of the affected landowner. Any such permission shall be secured by the Contractor and shall identify the provisions under which such work is to be performed and shall not constitute a liability to the County nor relieve the Contractor of his responsibilities/obligations. 15. COMPENSATION During the first three years of this contract, the Contractor shall be paid a sum of $12.321.40 dollars upon the satisfactory completion of each cycle of mowing per the term of the contract. Payment for the option years, if exercised, shall be 513.321.40 dollars for Year 4 and $14.321.40 dollars for Year 5. A cycle shall consist of mowing each Roadside described in Paragraph 2 one time. Contractor shall submit an invoice for payment to the County's Project Manager upon verification of a cycle. Upon verification by the Project Manager that the cycle þas been completed pursuant to the specifications established in the Contract, the invoice shall be processed for payment. If the cycle has not been completed pursuant to the specifications, payment shall be withheld until the cycle is. satisfactorily completed. The total annual compensation shall not exceed the bid dollar amount, per attached bid form. 16. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related fo this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records Page 7 of 20 Sh~l be maintained until an audit is comple~ and all questions arising therefrom are resolved, or three (3) years after completion of the project and issuance of the final certificate, whichever is sooner. 17. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers [ letters[ or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 18 .¡fNSURANCE j ~. PUBLIC LIABILITY The Contractor shall maintain during the lifetime of this Contract regular Contractor's public Liability Insurance providing for a limit of not less than Three Hundred Thousand Dollars ($300[000.00) for all damages arising out of bodily injuries to or death of one person[ and subject to that limit for each person[ a total of Five Hundred Thousand Dollars ($500[000.00) for all damages arising out of bodily injuries to or death of two or more persons in anyone accident [ and the regular Contractor's Property Damage Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500[000.00) for all damages arising out of injury to or destruction of property during }e policy period. If any part of the work is subject imilar insurance shall be provided by or in behalf of the subcontractors to cover their operations. B. WORKER'S COMPENSATION The Contractor shall procure and maintain, through the term of this Contract, Worker's Compensation Insurance in accordance with the laws of the State of Florida and in amounts sufficient to secure the benefits of the Florida Workman's Compensation law for all employees of the Contractor and all subcontractors. The Worker's Compensation Insurance policy required by the Contract shall also include Employer's liability. C. CERTIFICATE OF INSURANCE Certificates to all insurance required from the Contractor shall be subject to the County's approval for adequacy. All such insurance shall name the County as additional named insured. 19. CONTRACTOR RESPONSIBILITY The Contractor is an independent Contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent Contractor, between the County and the Contractor, its employees, agents [ subcontractors, Page 8 of 20 or ~signs, during or after the performance ~~hiS Contract. The Contractor shall take the whole responsibility of the work and shall bear all losses resulting to him, or it, on account of the amount or character of the work, or because of the nature of the ground in or on which the work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. ~ The Contractor shall protect the entire work, all materials under the Contract and the County's property (including machinery and equipment) in, or on or adjacent to the site of the work until final completion and work, from the action of the elements, acts of other Contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expense to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection or indemnities or damages from any person or persons causing injury to the work of the Contractor. At his, or it's expense, the Contractor shall take all necessary precautions including but not limited to the furnishing of guards, fences, warning signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property. The term persons as used herein includes but is not limited to members of the public, the County and its employees and _ agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other Contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said work is being performed. Contractor shall comply with all applicable provisions of safety laws, rules, ordinances, regulations, building codes and orders of duly constituted public authorities. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. The Contractor agrees to forever save and keep harmless and fully indemnify the County, its officers, employees and agents of and from all liabilities, damages, claims, Page 9 of 20 re~eries, cost and expense because of loss~, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the performance of this Contract to the extent of the insurance provisions set out in Section 16 in this Agreement. 20. INSPECTION .r The project will be inspected by the Project Manager and will be rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Contractor. When the work is substantially completed, the Contractor shall notify the County in writing that the work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 21. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party to default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct deficiency within this time, this Contract shall terminate at the expiration' of the seven (7) calendar day time period. With regard to the Contractor, the following items shall be considered a default under this Contract: 1. If the Contractor should be adjudged bankrupt, or if he, or it, should made a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. 2. If the Contractor should persistently or repeatedly refuse of fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the work. 3. If the Contractor disregards laws, ordinances, or the instruction of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. In the event .of termination, the County may take possession of the premises and all materials, tools, Page 10 of 20 \..; and appliances, thereon and finish the :;Jk by what ever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. If such expense of finishing the work shall exceed such unpaid balance the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Proj~ct Manager. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work performed through the termination date. 22. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification) i or because of marital status, race, color, religion, national origin or ancestry. 23. VERIFICATION OF EMPLOYMENT STATUS Contractor agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of the contract. 24. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (1997) and as may be amended from time to time. 25. ASSIGNMENT Contractor shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 26. ATTORNEYS' FEES AND COSTS In the event the Contractor defaults in the performance of any of the terms, covenants and conditions of this Contract, Page 11 of 20 \...- the Contractor agrees to pay all damages by the County in the enforcement of this reasonable attorney's fees. 'wi and costs Contract, incurred including 27. NOTICES All notices¡ requests¡ consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated¡ or mailed by registered or certified mail (postage prepaid) return receipt requested¡ addressed to: / As to County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Road & Bridge Manager Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 As To Contractor: Green Scapes, Inc. Attn: John Owens - 5-391 S. 25th Street Ft. Pierce, FL 34981 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery. (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case many, if mailed. 28. INDULGENCE NOT WAIVER The indulgence of either party with regard to any breach or failure to perform any provision of this Contract shall not be deemed to constitute a waiver of the provision or any portion of this Contract either at the time the breach or failure occurs or at any time throughout the term of this Contract. Page 12 of 20 '-' "wi 29. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (1989) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request and opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the perspective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Agreement. 30. INTERPRETATION: VENUE This Contract constitutes the entire Agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written Agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in Federal Court. Page 13 of 20 ~ .~ IN WITNESS WHEREOF¡ the County has hereunto subscribed and the Contractor has affixed his, its, or their names¡ or name, and seal the date aforesaid. Þ_TTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY¡ FLORIDA Clerk "'~~ A~"r~ n¡·. ..,' -,,'. '~-" - ".- ..: ."\...._....".~.,. . ....,- . - - ' . . ('r\;~"ft~ ". <"c., .....)"',-_.j~... §i . , ...'"';... ~...:.....~,;::,,,~ 'i)~ 1 '~'lOUNT't. i~ . W; ¡J ¡f í.../ . BY:" "_I;' ) . ;"r./-þf/!-="fYi Chairman APPROVE~S TO FORM AND CO~S:' , I¡l I .. . fc-' 1 v U té[!ß¡,. a~ WITNESSES: /'b, hr7~~¥ßØr A . If ~ø«~ '- f' CONTRACTOR 1) J2L4 ~tì. rÎtvv.Y}1 G.'1/l Page 14 of 20 '-' ...I MOWING.99 DOCUMENT ñA ñ tONGUN'E MOWJNG CONiNJ/Ci THE WORK DOCUMENT SHALL CONSIST OF A LIST OF ALL ROADS WITH THREE SIGN OFFS FOR THE PROJECT MANAGER AND THE CONTRACTOR FOR: ROAD OR AREA Walton Road Litter Pickup Mowing Cycle Weedeating Cycle Lennard Road Litter Pickup Mowing Cycle Weed eating Cycle Mariposa Ave. Litter Pickup Mowing Cycle Weedeating Cycle Kitterman Road Litter Pickup Mowing Cycle Weedeating Cycle Saeger Avenue Litter Pickup Mowing Cycle Weedeating Cycle Kirby Loop Litter Pickup Mowing Cycle Weedeating Cycle Weatherbee Rd. Litter Pickup Mowing Cycle Weedeating Cycle DATE CONTRACTOR PROJECT MGR Page 15 of 20 ROAD OR ARE)r,..., DATE CONTRACTl!J PROJECT MGR Tumblin Kling Rd Litter Pickup Mowing Cycle Weedeating Cycle Bell Avenue Litter Pickup Mowing Cycle Weedeating Cycle Oleanóér Ave. Litter Pickup Mowing Cycle Weedeating Cycle Oleander Ave. Litter Pickup Mowing Cycle Weedeating Cycle S. 35th Street Litter Pickup Mowing Cycle Weedeating Cycle McNeil Road Litter Pickup Mowing Cycle Weedeating Cycle Johnston Rd. Litter Pickup Mowing Cycle Weedeating Cycle Indrio Road Litter Pickup Mowing Cycle Weedeating Cycle Old Dixie Hwy. Litter Pickup Mowing Cycle Weedeating Cycle McCarty Road Litter Pickup Mowing Cycle Weedeating Cycle Eleven Mile Rd. Litter Pickup Mowing Cycle Weedeating Cycle Page 16 of 20 ROAD OR ARE:\..,. DATE CONTRAC1.. ,¿, PROJECT MGR - Gordy Road Litter Pickup Mowing Cycle Weedeating Cycle Graham Road Litter Pickup Mowing Cycle Weedeating Cycle Coperalíaver Rd. Litter Pickup Mowing Cycle Weedeating Cycle Peters Road Litter Pickup Mowing Cycle Weedeating Cycle Keen Road Litter Pickup Mowing Cycle Weedeating Cycle Hammond Road Litter Pickup Mowing Cycle" Weedeating Cycle Angle Road Litter Pickup Mowing Cycle Weedeating Cycle St. Lucie Blvd. Litter Pickup Mowing Cycle Weedeáting Cycle Campbell Road Litter Pickup " Mowing Cycle Weed eating Cycle Picos Road Litter Pickup Mowing Cycle Weedeating Cycle N. FFA Road Litter Pickup Mowing Cycle Weedeating Cycle Page 17 of 20 ROAD OR AR~ DATE CONTRAC-~ PROJECT MGR S. FFA Road Litter Pickup Mowing Cycle Weedeating Cycle Rock Road Litter Pickup Mowing Cycle Weedeating Cycle or Litter Pickup Enterprise Rd. Mowing Cycle Weedeating Cycle DiGeorgio Road Litter Pickup Mowing Cycle Weedeating Cycle S. 25th Street Litter Pickup Mowing Cycle Weedeating Cycle Glades Cutoff Litter Pickup Mowing Cycle Weedeating Cycle Rangeline Road Litter Pickup Mowing Cycle Weedeating Cycle Midway Road Litter Pickup Mowing Cycle Weedeating Cycle Carlton Road Litter Pickup Mowing Cycle Weedeating Cycle Germany Canal Litter Pickup Mowing Cycle Weedeating Cycle Sneed Road Litter Pickup Mowing Cycle Weedeating Cycle Page 18 of 20 \.., ROAD OR AREA Header Canal Litter Pickup Mowing Cycle Weedeating Cycle Shinn Road Litter Pickup Mowing Cycle Weedeating Cycle Orange Avenue Litter Pickup Mowing Cycle Weedeating Cycle Selvitz Road Litter Pickup Mowing Cycle Weedeating Cycle Edwards Road Litter Pickup Mowing Cycle Weedeating Cycle Jenkins Road Litter Pickup Mowing Cycle Weedeating Cycl~ Hartman Road Litter Pickup Mowing Cycle Weedeating Cycle Sunrise Blvd. Litter Pickup Mowing Cycle Weedeating Cycle ADDENDUM NO.1 - ROAD OR AREA Ideal Holding Road Litter Pickup Mowing Cycle Weedeating Cycle Ideal Holding Road Litter Pickup Mowing Cycle DATE Page 19A of 20 ..." CONTRACTOR PROJECT MGR ROAD OR AREA Kitty Hawk Ct. Mach One Dr. -' Tranquility Base Lane ~Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle DATE ......, CONTRACTOR PROJECT MGR Page 20A of 20 /" \...r 810 FORM ....." . . All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. SID #99-072 ROADSIDElLONG LINE MOWING PU8LIC WORKS .. JOHN OWENS I PRESIDENT OF I, GREENS CAPES INC.,' OF ~OT1'T';; l:'T. REPRESENTING t="''''''T~'''21'''''C:: TN'" OF SOUTH Fl Company and/or Corporation, agree to peñorm all of the requirements to compleœ the . work required in the specifications for the price of: ROADSIDElLONG LINE MOWING Y~R1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 $ $ $ $ $ 1fò~o%'j{, ./' 1', '14 nn 123,214.00 123,214.00 111.'14 on 113,214.00 Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the'bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to waive any informalities or minol i~gularities, reject any and all bids which are incomplete, conditional, obscure, or which contair additions not allowed for, accept or reje~ any bid in whole or in part with or without cause, anc _ accept the bid which best serves the County. NAME OF BIDDER: GREENSCAPES INC.. OF SOUTH FL PHONE:561 -464- 1544 ADDRESS: 5391 S. 25TH ST. FT. PIERCE 34981 - ~ SIGNEDBY=Ø ~ ¿Z~ TITLE: PRESIDENT DATE: 8-24-99 G:=MMON\lOClBlDS\!ll~7'2.__. ,,¡ga Page 32 of 33 \..- ,." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CALL FOR BIDS Sealed bids will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until10:00AM. local time on Wednesday, August 25, 1999, for the following: BID #99-072 - ROADSIDE/LONG LINE MOWING PUBLIC WORKS DEPARTMENT Bid Documents can be obtained from Information On Demand by contacting them at (407) 975-0023 or visit the St. Lucie County Purchasing Web Site at www.stlucieco.gov. Bids may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982. A mandatory pre-bid meeting will be held at 8:00A.M. on Wednesday, August 11,1999 at the Road & Bridge Division Building, 3071 Oleander Ave., Fort Pierce, Florida. The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any bid in whole or in part with or without cause; and accept the bid which best serves the County. St. Lucie County is an Equal Opportunity/Affirmative Action Employer. Board of County Commissioners St. Lucie County, Florida By: Charles Bicht, Purchasing Manager PUBLISH: July 23,1999 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 ~ ...",J INSTRUCTIONS TO BIDDERS 1. SUBMISSION OF BIDS: All bids shall be submitted in a sealed envelope. The BID NUMBER, TITLE, AND OPENING DATE AND TIME shall be clearly displayed on the sealed envelope. The delivery of said bid to the Purchasing Department prior to the specified opening date and time is solely and strictly the responsibility of the bidder. Any bid received in the Purchasing Department after the specified date and .' time will not be accepted. If the bid is to be delivered by Fed-X, UPS or other such carrier be sure to include the bid number on the Air Bill. The bid must be in a separate sealed envelope inside the carrier's envelope. If a carriers package is opened and the bid is not in a separate envelope it will be resealed and reopened at the designated date and time. 2. EXECUTION OF BID: Bid must include a manual signature of an authorized representative in the space provided. All bids must be completed in pen and ink or type written. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencH bids or corrections not initialed will not be tabulated. 3. BID OPENING: Bid opening shall be-public on the date and time specified. Bid must be submitted on forms provided by the County. No other forms will be accepted. Telephone, telegraph, and faxed bids will not be considered. No bid may be modified after opening. No bid may be withdrawn after opening for a period of sixty(60) days unless otherwise specified. 4. BID TABULATIONS: Any bidder wishing to receive a copy of the bid tabulations is required to enclose a stamped, self-addressed envelope with bid response. 5. NO BID: If not submitting a bid, respond by returning one copy of the form, marking it "NO-BID", and explain the reason. The failure to submit a BID'or NO- BID to the Purchasing Office by the opening time and date shall be cause for removal of a vendor's name from the bid mailing list for this category. Note: A bidder, to qualify as a "Bona Fide Bidder", must submit a "No Bid" and same must be received no later than the stated bid opening date and hour. . 6. BID SECURITY: Bid Security may be in the form of cashiers check or bid bond in the amount of five percent of the base bid or bid on an annualized basis. Personal or company checks will not be accepted. If required under Section 41 the bid security must be submitted with the bid. C:lMyFlesUnstJuclions 10 bídd...wpd_. 11/98 1 '-' ..,; 7. CLARIFICATION/CORRECTION OF BID ENTRY: The County of St. Lucie reserves the right to allow for the clarification of questionable entries and for the correction of typographical and mathematical errors. a.INTERPRET A TION: Any questions concerning conditions and specification shall be directed to the Purchasing Department. All questions shall be in writing and received by the Purchasing Department at least 8 working days prior to the bid _ opening. Those interpretations which may affect the eventual outcome of this bid will be furnished, as written addendum, to all prospective bidders. No interpretation shall be considered binding unless provided in writing by S1. Lucie County. 9. EEO STATEMENT: S1. Lucie County believes in equal opportunity practices which conform to both the spirit and letter of all laws against discrimination and is committed to non-discrimination because of race, creed, color, sex, age, or national origin. 10. PRICING: Firm prices shall be bid and include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point within the County of S1. Lucie to a secure area of inside delivery. Pricing shall also include installation when required. The obligations of S1. Lucie County under this award are subject to the availability of funds lawfully appropriated for the purpose by the State of Florida and/or the Board of County Commissioners. 11. ADDITIONAL TERMS & CONDITIONS: The County of S1. Lucie reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original conditions and specifications. 12. TAXES: The County of S1. Lucie is exempt from all sales, use ancllike taxes. 13. DISCOUNTS: All discounts EXCEPT THOSE FOR PROMPT PAYMENT shall be considered in determining the lowest net cost for bid evaluation purposes. 14. MEETS SPECIFICATIONS: All equipment and accessories furnished under these specifications shall be. new, the latest model in current production and shall be of good quality, workmanship and material. The bidder represents that all equipment offered under this specification shall meet or exceed the minimum requirements specified. Delivery specifications shall be strictly adhered to. 15. EQUIVALENTS: Any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information only and not to limit competition. Bid any brand which meets or exceeds the quality of specifications listed for any item. Ifthe bid is based on equivalent products, indicate on the bid form the manufacturer's name and number and indicate any deviation from the specifications as listed. Include fully descriptive literature on item(s). Lacking any written indication of intent to quote an equivalent brand or model C;\MyFilesUnstnJctions to biCldOlS.wpcI-rev. 11198 ·2 \... .."" number, the bid will be considered as a quotation in complete compliance with the specifications as listed in the bid form. 16. SILENCE OF SPECIFICATIONS: The apparent silence of the specifications and any supplemental specifications as to any details or the omission from same of any detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first .' quality and correct type, size, and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be made upon the basis of this statement. 17. SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Request for the return of samples must be made within 30 days following opening of bids. Each individual sample must be labeled with bidder's name, bid number, and item number. Failure of bidder to either deliver required samples orto clearly identify samples as indicted may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the office of the Purchasing Manager. 18. DELIVERY: Unless actual date of delivery is specified (or if specified delivery can not be met), show number of days required to make delivery after receipt of purchase order in space provided. Delivery time may become a basis for making an award (see Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday. 19. ASSIGNMENT: Any purchase order issued pursuant to this bid and the monies Which may become due hereunder are not assignable except with the prior written approval of the Purchasing Manager. 20. LIABILITY: The bidder shall indemnITy and hold harmless the County of S1. Lucie its officers, agents and employees against any claims by third parties arising out of the acts or omissions of the supplier. 21. PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless the County of S1. Lucie, its officers, agents and its employees from liability of any nature of kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the County of S1. Lucie. If the bidder uses any design, device, or materials covered by letters, patent, copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work. . C:lMyFHesllnslnlClions to Þidd....wpd-rev. 11198 3 '-'" ..,.; 22. TRAINING: Unless otherwise specified, bidder(s) may be required at the convenience ofthe County, to provide training to County employees in the operation and maintenance of any item(s) purchased from this bid. 23. ACCEPTANCE: Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. Those items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the vendor. Any violations of these stipulations may also result in that vendor name being removed from the bidder list and the vendor disqualified for doing business with the County of St. Lucie. 24. SAFETY WARRANTY: The selling dealer, distributor, supplier, and manufacturer shall be responsible for having complied with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use thereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to both private industry and govemmental agencies. 25. WARRANTY: The bidder agrees that, unless otherwise specified. the supplies and/or services fumished under this bid shall be covered by the most favorable commercial warranty the bidder gives to any customer for comparable quantities of such supplies and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the County of St. Lucie by any other provision of this bid . 26. INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. 27 . PAYMENT: Payment will be made by the County after the items awarded to a vendor have been received and/or installed, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 28. DISPUTES: In case of any doubt or difference of opinion as to the items furnished hereunder, the decision of the county shall be final and binding on both parties. 29. LEGAL REQUIREMENTS: Federal, State, County, and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 30. OPEN-END CONTRACT: No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. C;lMyFilesU_ to Ilidd.",.wpd.,..,. 11198 4 '-'"' ...J Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves the right to issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, or, any combination of the proceeding. 31. DEFINITIONS: COUNTY-The term COUNTY herein refers to the County of St. Lucie, Florida and its duly authorized representatives. BIDDER-The term BI DDER used herein refers to the dealer/manufacturer/business organization submitting a bid to the County in response to this invitation. VENDOR-The term VENDOR used herein refers to any dealer/manufacturer/business organization that will be awarded a contract pursuant to the terms conditions and quotations of the bid. USING AGENCY-The term USING AGENCY used herein refers to any department, division, agency, commission, board, committee, authority or other unit in the County Government using supplies or procuring contractual services as provided for in the Purchasing Ordinance of the County of St. Lucie. HEAVY DUTY-The item( s) to which the term HEAVY DUTY is applied shall exceed the usual quality and/or capacity supplied with standard production equipment and shall be able to withstand unusual strain, exposure, temperature, wear and use. DISTRICT-The term DISTRICT herein refers to the S1. Lucie Mosquito Control District and its duly authorized representatives. 32. CONFLICT OF INTEREST: The award hereunder is subject to provisions of State Statutes and County Ordinance. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of St. Lucie _County. Further all bidders must disclose the name of any County employee who owns directly or indirectly any interest in the bidder's firm or any of its branches. 33. NOTICE TO SELLER TO DELIVER: No delivery shall become due or be acceptable without a written order or shipping instruction by the County unless otherwise provided in the Contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required the Seller may be given telephone notice to be confirmed by an order in writing. 34. MODIFICATIONS: All changes to purchase orders shall be by issuance of a change order. Any modifications or changes to any contract entered into as a result C:IMyFiles~nstnJClions to bidders.wød-reY. 1119ll 5 PROJECT: LONG L }E MOWING CONTRACT . (nl""'1e, efldress) ..... TO (Contractor): GREENSCAPES, INC. 539]X S. 25th Street Ft. Pierce, FL 34981 CHANGE ORDER NUMBER:.....,; INITIATION DATE: 3- 15-00 CONSULTANTS PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: C99-09-607 CONTRACT DATE: You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes X~ ADD THE MOWING OF ST. JAMES DRIVE FROM MIDWAY ROAD SOUTH TO AIROSO BLVD. (3.05 milesr. INCLUDE WEEDEATING, TRASH PICKUP, ETC., PER CONTRACT SPECIFICATIONS. THE CHANGE ORDER WILL INCLUDE THE EDGING & BLOWING OF ALL SIDEWALKS & CURBING ALONG ST. JAMES DRIVE. 9-14-99 The original (Contract Sum) (Guaranteed Maximum Cost) was .......................... $ Net change by previous authorized Change orders ............................. .. . .. ... $ The (Contract Sum) (QliliåT:¡fi~WXi¥dtJfli:a~ prior to this Change Order was ....... $ The (Contract Sum) (QliliftfillëUWXi¥dtJfli:a~ will be (increased) (decreased or ~1!t11'Kl8: by this Change Order ....................................................... $ The new (Contract Sum) (1iIlatlllXtlÙtòXjR'lXl.II'K<iŒSt)Xincluding this Change Order will be $ The Contract Time will be)(iII1U9iidt~P(HIM~ (unchanged) by none The Date of Substantial Completion as of the date Of this Change Order therefore is:N / A 12,32 J .40/cyclE -0- 12,321.40/cycl! 2,500.00/cycl! 14,82J.40/cyclE ( 00) Days Funds Available: Account Number 10 )-4 J 10-534000-400 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 perforl1Jéd under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: P. M. BOWERS, MANAGER S1. Lucie County Department - ROAD & 230 VIRGINIA AVENUE, FT. ~--~.. Architect/Engineer Address By Agreed To: JOHN OWENS, Date GREENSCAPES, INC. Contractor 5391 S. 25TH STREET, FT. PIERCE, FL :¡W' ¡J~ }-/;·~';O Date WHITE - VENDOR GOLDENROD - FINANCE Ad BRIDGE PIERCE, FJ 498: ,>I'~--o--C Date GREEN - PURCHASING / PINK - D:?~;:¡T\E~¡7 '-" 'WII 41. BOND AND INSURANCE REQUIREMENTS: Bonds must be issued by a Bonding Company with a Best Insurance Guide's rating of "A" or better and must be licensed or authorized to do business in the State of Florida. Certificates of insurance, Public Construction Bonds and/or Maintenance Bonds must be received by the applicable County office prior to actual commencement of the project. All certificates of insurance shall list the county as "Additional Insured" and reference the specific project. Please note that were applicable the following bond and .' insurance requirements supersede those set forth in the sample contract. BONDS A. Yes CJ No IllI 5% Bid Security 8. Yes CJ No IllI 100% Maintenance Bond years C. Yes CJ No IllI 100% Public Construction Bond (see bid form) INSURANCE A. Yes I!!l No 0 Worker's Compensation $1,0.0.0.,0.00 by accident - each accident $1,0.0.0.,0.00. by disease - each employee $1,0.0.0.,0.00. by disease - policy limit B. Yes I!!l No 0 Commercial General Liability $1,0.0.0.,0.0.0. per occurrence $3,0.0.0.,00.0. per job aggregate C. Yes 181 No 0 Commercial Auto Liability Combined Single Limit, Bodily Injury/Property Damage o $300,0.00. 181 $1,000.,0.00. o $3,00.0,0.00 D. Yes 0 No I!!l E. Yes 0 No I!!l Builder's Risk (all risks for the total construction cost of the project) Professional Liability $1,000,000 aggregate C:lMyF....\lnstructIon. \0 Þ1dders.Wld-nov. 11/98 7 ~ 'wi of this bid must be by written amendment with the same formality and of equal dignity to the initiation of any such change. 35. OCCUPATIONAL LICENSE: No person shall engage in or manage any Business Profession or Occupation in St. Lucie County for which an occupation license tax is required unless a County License shall have been procured from the Tax Collector for St. Lucie County. 36. ADDENDA TO THE BID: St. Lucie County reserves the right to amend this bid or request additional clarifying information from any or all bidders prior to determination of award. Any changes to this bid will be brought to the attention of all prospective bidders. 37. PERMITS AND FEES: The Vendor shall procure and pay for all licenses, charges and fees and give notices necessary and incidental to the due and lawful prosecution of the work. The cost of all permit and impact fees shall be pay by the County unless specifically itemized elsewhere in these documents. 38. PURCHASING AGREEMENTS WITH OTHER GOVERNMENTALAGENCIES: This bid may be expanded to include other govemmental agencies. Each political entity will be responsible for execution of its own requirements with the awarded vendor. 39. AWARD AND CONTRACT: The successful bidder, will, within fifteen (15) calendar days after written notice of award, enter into a written contract with the Board of County Commissioners in accordance with the accepted bid. 40. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a"conviction for a public entity crime may not submit " a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract to the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. The County will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 27 4A( e) ofthe INA. Such violation by the Recipient ofthe employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. C:\MyFilesUnstruclions Ie bidders.wpd-rev. 11198 6 \r >wi F. Yes 0 No 181 Other 42. The County of St. Lucie reserves the right to reject any or all bids, to waive informalities, and to accept all or any part of any bid as may deemed to be in the best interest of the county. 42. YEAR 2000 WARRANTY: Vendor warrants that each hardware, software, ~ firmware or information product delivered under this bid shall be able to accurately process and/or reflect date data (including, but not limited to, calculating, comparing and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by the vendor, provided that all listed or unlisted products (e.g. hardware, software, firmware) used in combination with such product properly exchange data with it. If the bid requires that specific products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to those products as a system. The duration of this warranty and the remedies available to the County for breach of this warranty shall be as defined in, and subject to, the terms and limitations of the vendor's standard commercial warranty or warranties contained in this bid, provided that notwithstanding any provision to the contrary in such commercial warranty or warranties' the remedies available to the County under this warranty shall include repair or replacement of any product whose non-compliance is discovered and made known to vendor in writing. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under all other associated warranty's with respect to defects other than Year 2000 performance, nor be construed to confer upon the County any rights or remedies other than Year 2000 performance not granted by the other associated warranty's. C:IMyFlles\InstnJcti0n5lc bidd....wpcI-ntV.lll98 8 DAn:: 0'/1/0'/1/99 TIME: 04:59 PH TO: St Lac:l.e eounqr @ +1(561) 0(622363 PAGE: 002-002 ACORDh P~~J]FIQA1J~ºFLJABIL[p{':IN$l.JR.AN~~62<'. o.>~(~g ¡ THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION I, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE , HOLDER. THIS CERTlFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORCED BY THE POUCIES BELOW. COMPANIES AFFORDING CO\lERAGE COMPANY A Ba:t:ford In.. o:f the South.ast i , "ROOUŒIl : Baynes . Baynes Insurance Co. i 21-22 6000-AP : P. O. Box 29611 'Charlotte NC 26229 :"""".No 800-448-5462 F..Nc 704-536-0278 , iN9.JREC COMPANY B G~C&~ o:f South rl.or.ida, 5391 S. 25th st:e.t rt Pierce n. 3498:1. COMPANY C COMPANY o ~U"'1U1V A X COI<M:RCI!lL GENERAl. UAIlIUTY ¡,.=;;. '"ì c.AIMS MACe ŒJ OCCUR 0WNBnI r. carntl\CTOlnl PROT I .... ...... ........ ... ..., ... "., .,.;:;:;:;::. ... .. .... ....,. ::.,-..., ..... ............ ..... i11ISlS TO CZRï1FY 'THAT iHE F>OUŒS CF INSURANCE UST!O BEl.CIIVHA~ 8eeN ISSUED TO THE INSURED NANED Al5O~ FOR THe POUCY ÆFlIOO INClICAT!!D, I'fO"lWl'lliST.QNCIHG /lK'( R!!QU/Re!\oENT, iëRM OR CCNCI'T1ON OF IW'i CONTRACT OR O'TH!!R COCUh'ENT WITH RESPeCT TO WHIQ-f THIS œR':ll'lCAiE IMY &e ISSUE£) OR MAY !>!RTAlN, ìl'E lNSURAHœ ~ fS'( 1l'E PO..IŒS Dl!SCRIBED HEReiN IS 8U8JI!!CT TO AU. 1l'E Tl!RMa, EXCLUSJ()NSNiD CONDlilCNS OF SUCHPaJœS. UMITS SHOWN MAY HAVE BEEN RECUCED SYPAID a.AlMS. POUCY EI'FB:"TIIIE IPOUCYElO'lRAllON II -r.PECI'tMSUR....œ PCuCY_ DATE(MMOCI'n') DAlE(MMICD/VYl lIooIIlS I GENIiRAL_GATE 04/21/00 PROOUCTS·CCMPI'OPAGG ÆRSONAL &.rev INJ\IftV c- co LlR I-- i I-- I I ~UMllJTY I I I I 1--/W'f.wTO I ! I-- ALL CWNED Al1IOS i I-- SCHEIlUISl AUTOS i , I I-- HIlED AUTOS I ___ NCN-OWNEO AUTOS I I R~~ I NlY AUTO \ r¡ i ~~ . I UMBÆI.LA FORM I OlHER lllAN UMBREI.l.A FCRM j WORKeRSCCMPeNSAllDN "NO B!PI.DI'ERS' UAllIlJTV lHE PRCPIlETORI RI"a. ! P"RTNiRSIEllECUTlIIE OFFICERS ARe: exc. OTHER ¡ I I &.C>lOCCURRStCE FIRE DAMAGE ¡My.... IN) MEOEX?{IlnV_"'_l s 1,000,000 s 1.000,000 s 500 ,000 $ 500 ,OOt! '300,000 s 10 ,aDO 21SBUtJ0206 04/21/99 , CCMBINEIl SNGI.E LIMIl" I s 80IlIL Y IN.URY .... _I BODI. Y lK.AIRY !p«_ $ s ~I , DAMøIGE $ AIJTD ONLY. Ell ACClOENT S ll1HER "!WAN AUTO ONI. '1';..: I EI'oOi ACClCENT S AGGREGATE S EACH OCCURRENCE AGGREGATE .:'.:::.::<:.:< i~~!!Ç., I B. EACH JoCCIOEHT EL DIS&ASê . POUCY LlUIT B. OISEASE ·EA BoFlD'IEE $ S S Icw.t :.'.:..' ..... .::::.:::.;",;.:::.,.;.:::::. S S S , DESCRIP11CM CI' OPER"lla>lS/LOC"IIOHS\lEMlCl..ESl6PECAL IlBI5 Tho.. u.U&~ t:a t:h. :i.naurada oprat:i.ona. rcr;~1JF.!PATE.. Hqt,tJ;R;.::··. I I i ........';::::,..;:,:,:,. . . . . . . . . . . . . ' . . ............. .. ........... ...,.......-.. ....."....... ... ...... Sntl23D . .·~III<::.EU.A.''9o.>:.,::.:: .. . ..:.,:.,'.::......::;; . ........ ::::::::" ...... ........ SHOULD ÞN'r CI' "THe A80VE DESCRIBED PCUClES BE CANCEllEC 88'ORE lHE EXPIRATlQl DATE '!HEREC!'. lHE ISSUING CDMP/W'fWILL ENDEAVOR 10 MAlL .J.L OAYS~ N01lCE 10 1lofE CBlTIFlCAlE HOLOER NAMED TO l1olELEFT, BUT FAILURE TO IIAIl. 5UCH N011CE SHAlJ..1MPOSE 110 œuGAllON OR UABIUTY OF NlY KN) UPON 1HE CDMPNlY, ITS AGENlll OR REPREæNTAllVES. ~~A:r fJ~ ~.............. st Luci.. County llcad 4i Bridge tlept 'rlUllllll! 2300 Vi:qi.nia Av.nua rt Pierce rL 34982 I ACORD 25-S (1195) . ACORD:eO~~~nå~{1ä:-; , '- AGENDA REQUEST ~EM NO. C-2-B DATE: July 16, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath, Purchasinq Director SUBJECT: Award of Bid No. 02-0075, Furnish, Furnish & Install Sod BACKGROUND: On June 12,2002 bids were opened to Furnish, Furnish & Install Sod as needed by the County Departments. Nine hundred sixty-four (964) vendors were notified, twenty-eight (28) bid documents were distributed and five (5) bids were received (tabulation attached). Staff has reviewed the bids received and recommends that the award be made lowest bidders, as listed on the attached Bid Award spreadsheet, by item, to multiple suppliers to ensure availability of sod. FUNDS AVAILABLE: Funds will be made available from the various Departments operating supplies accounts on an as-needed basis. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-075, Furnish, Furnish & Install Sod to the suppliers listed on the attached Bid Award spreadsheet and authorization for the Chairman to execute the Agreements as prepared by the County Attorney. COMMISSION ACTION: CE: [x· APPROVED [] DENIED [ ] OTHER: (4-0) (Conn. Coward absent stepped out of room.) County Attomey:(X) ~ (...rl <I ,u Purchasing Mgr.:(X) ¿f2- Mgt. & Budget (X) Originating Dept: Other: Other: Finance: (Check lOr Copy only, if Applicable) Eff. 1/97 '-' \ BID #02-075 AWARD INFORMATION ....,J GROUP I: FURNISH AND INSTALL ITEM 1: ST. AUGUSTINE FLORATAM SOD A. Up to 1,000 sq. ft. Tri-Brothers $0.34 R & R Turf $0.25 R & R Turf $0.25 R & R Turf $0.25 T&JSod $0.40 Tri-Brothers $0.34 Tri-Brothers $0.34 Tri-Brothers $0.34 R & R Turf $0.60 T & J Sod $0.35 T & J Sod $0.35 T & J Sod $0.35 B. 1,001 sq. ft. to 5,000 sq. ft. C. 5,001 sq. ft. to 10,000 sq. ft. D. 10,001 sq. ft. and greater ITEM 2: ARGENTINE BAHIA SOD A. Up to 1,000 sq. ft. T &J Sod $0.30 Tri-Brothers $0.28 T &J Sod $0.25 T&JSod $0.25 R & R Turf $0.60 R & R Turf $0.40 Tri-Brothers $0.28 Tri-Brothers $0.28 Tri-Brothers $0.28 T & J Sod $0.25 R & R Turf $0.21 R & R Turf $0.21 ITEM 3: CERTIFIED TIFWAY 419 BERMUDA SOD A. Up to 1,000 sq. ft. Tri-Brothers T & J Sod Haverland Turf $0.31 $0.60 $0.60 Tri-Brothers T & J Sod Haverland Turf $0.31 $0.50 $0.54 Tri-Brothers Haverland Turf T & J Sod $0.31 $0.38 $0.50 Haverland Turf Tri-Brothers T & J Sod $0.29 $0.31 $0.50 GROUP II: FURNISH ONL Y (TO BE PICKED UP FROM VENDORS LOCA TlON BY COUNTY PERSONNEL) ITEM 4: ST. AUGUSTINE FLORATAM SOD A. Up to 1,000 sq. ft. B. 1,001 sq. ft. to 5,000 sq. ft. C. 5,001 sq. ft. to 10,000 sq. ft. D. 10,001 sq. ft. and greater B. 1,001 sq. ft. to 5,000 sq. ft. C. 5,001 sq. ft. to 10,000 sq. ft. D. 10,001 sq. ft. and greater B. 1,001 sq. ft. to 5,000 sq. ft. Gulf Kist Sod $0.12 Gulf Kist Sod $0.12 Gulf Kist Sod $0.12 Gulf Kist Sod $0.12 Tri-Brothers $0.17 Tri-Brothers $0.17 Tri-Brothers $0.17 Tri-Brothers $0.17 R & R Turf $0.18 R & R Turf $0.18 R & R Turf $0.18 R & R Turf $0.18 C. 5,001 sq. ft. to 10,000 sq. ft. D. 10,001 sq. ft. and greater ITEM 5: ARGENTINE BAHIA SOD A. Up to 1,000 sq. ft. B. 1,001 sq. ft. to 5,000 sq. ft. Tri-Brothers $0.14 Tri-Brothers $0.14 Tri-Brothers $0.14 Tri-Brothers $0.14 NOBID NO BID C. 5,001 sq. ft. to 10,000 sq. ft. D. 10,001 sq. ft. and greater Page 1 '-' BID #02-075 AWARD INFORMATION ~ ITEM 6: CERTIFIED TIFWAY 419 BERMUDA SOD A. Up to 1,000 sq. ft. Gulf Kist Sod Haverland Turf $0.11 $0.14 Gulf Kist Sod Haverland Turf $0.11 $0.14 Gulf Kist Sod Haverland Turf $0.11 $0.14 Gulf Kist Sod Haverland Turf $0.11 $0.14 GROUP III: FURNISH AND DELIVER (ANY LoeA TlON WITHIN THE COUNTY) ITEM 7: ST. AUGUSTINE FLORATAM SOD A. Up to 1,000 sq. ft. B. 1,001 sq. ft. to 5,000 sq. ft. C. 5,001 sq. ft. to 10,000 sq. ft. D. 10,001 sq. ft. and greater B. 1,001 sq. ft. to 5,000 sq. ft. Gulf Kist Sod $0.14 Gulf Kist Sod $0.14 Gulf Kist Sod $0.14 Gulf Kist Sod $0.14 Tri-Brothers $0.17 Tri-Brothers $0.17 Tri-Brothers $0.17 Tri-Brothers $0.17 C. 5,001 sq. ft. to 10,000 sq. ft. D. 10,001 sq. ft. and greater ITEM 8: ARGENTINE BAHIA SOD A. Up to 1,000 sq. ft. Tri-Brothers $0.14 Tri-Brothers $0.14 Tri-Brothers $0.14 Tri-Brothers $0.14 ITEM 9: CERTIFIED TIFWAY 419 BERMUDA SOD A. Up to 1,000 sq. ft. Gulf Kist Sod $0.13 Gulf Kist Sod $0.13 Gulf Kist Sod $0.13 Gulf Kist Sod $0.13 T&JSod $0.15 T&JSod $0.15 R & R Turf $0.14 R & R Turf $0.14 B. 1,001 sq. ft. to 5,000 sq. ft. C. 5,001 sq. ft. to 10,000 sq. ft. D. 10,001 sq. ft. and greater Tri-Brothers $0.19 Tri-Brothers $0.19 Haverland Turf $0.18 Haverland Turf $0.16 B. 1,001 sq. ft. to 5,000 sq. ft. C. 5,001 sq. ft. to 10,000 sq. ft. D. 10,001 sq. ft. and greater Page 2 Tri-Brothers $0.19 Tri-Brothers $0.19 Tri-Brothers $0.19 Tri-Brothers $0.19 T & J Sod $0.20 T&JSod $0.20 R & R Turf $0.18 R & R Turf $0.18 R & R Turf $0.45 R & R Turf $0.40 T&JSod $0.15 T&JSod $0.15 Haverland Turf $0.34 Haverland Turf $0.24 Tri-Brothers $0.19 Tri-Brothers $0.19 ~ ST. LUCIE COUNTY - BID TAB #02-075 -....I \ GULF KIST SOD HAVERLAND TURF R & R TURF T & J SOD TRI-BROS PRICES ARE PER SQUARE FOOT SEBRING, FL BOYNTON BEACH, FL PALM BAY, FL FT. PIERCE, FL FT. PIERCE, FL GROUP) FURNISH AND INSTALL ITEM 1: ST. AUGUSTINE FLORATAM SOD A. Up to 1,000 sq. ft. $0.60 $0.40 $0.34 B. 1,001 sq. ft. to 5,000 sq. ft. $0.25 $0.35 $0.34 C. 5,001 sq. ft. to 10,000 sq. ft. $0.25 $0.35 $0.34 D. 10,001 sq. ft. and greater $0.25 $0.35 $0.34 ITEM 2: ARGENTINE BAHIA SOD A. Up to 1,000 sq. ft. $0.60 $0.30 $0.28 B. 1,001 sq. ft. to 5,000 sq. ft. $0.40 $0.25 $0.28 C. 5,001 sq. ft. to 10,000 sq. ft. $0.21 $0.25 $0.28 D. 10,001 sq. ft. and greater $0.21 $0.25 $0.28 ITEM 3: CERTIFIED TIFWAY 419 BERMUDA SOD A. Up to 1,000 sq. ft. $0.60 $0.60 $0.31 B. 1,001 sq. ft. to 5,000 sq. ft. $0.54 $0.50 $0.31 C. 5,001 sq. ft. to 10,000 sq. ft. $0.38 $0.50 $0.31 D. 10,001 sq. ft. and greater $0.29 $0.50 $0.31 GROUP II FURNISH ONLY (TO BE PICKED UP FROM) VENDORS LOCATION BY COUNTY PERSONNEL ITEM 4: ST. AUGUSTINE FLORATAM SOD A. Up to 1,000 sq. ft. $0.12 $0.18 $0.17 B. 1,001 sq. ft. to 5,000 sq. ft. $0.12 $0.18 $0.17 C. 5,001 sq. ft. to 10,000 sq. ft. $0.12 $0.18 $0.17 D. 10,001 sq. ft. and greater $0.12 $0.18 $0.17 ITEM 5: ARGENTINE BAHIA SOD A. Up to 1,000 sq. ft. $0.14 B. 1,001 sq. ft. to 5,000 sq. ft. $0.14 C. 5,001 sq. ft. to 10,000 sq. ft. $0.14 D. 10,001 sq. ft. and greater $0.14 ITEM 6: CERTIFIED TIFWAY 419 BERMUDA SOD A. Up to 1,000 sq. ft. $0.11 $0.14 $0.19 B. 1,001 sq. ft. to 5,000 sq. ft. $0.11 $0.14 $0.19 C. 5,001 sq. ft. to 10,000 sq. ft. $0.11 $0.14 $0.19 D. 10,001 sq. ft. and greater $0.11 $0.14 $0.19 GROUP III FURNISH AND DELIVER (ANY LOCATION WITHIN THE COUNTY) ITEM 7: ST. AUGUSTINE FLORATAM SOD A. Up to 1,000 sq. ft. $0.1375 $0.50 $0.20 $0.17 B. 1,001 sq. ft. to 5,000 sq. ft. $0.1375 $0.45 $0.20 $0.17 C. 5,001 sq. ft. to 10,000 sq. ft. $0.1375 $0.18 $0.20 $0.17 D. 10,001 sq. ft. and greater $0.1375 $0.18 $0.20 $0.17 I , , PRICES ARE PER SQUARWOOT GULF KIST SOD HAVERLAND TURF R & R TURF ~ J SOD TRI-BROS SEBRING, FL BOYNTON BEACH, FL PALM BAY, FL . IERCE, FL FT. PIERCE, FL ITEM 8: ARGENTINE BAHIA SOD A. Up to 1 ,000 sq. ft. $0.45 $0.15 $0.14 B. 1,001 sq. ft. to 5,000 sq. ft. $0.40 $0.15 $0.14 C. 5,001 sq. ft. to 10,000 sq. ft. $0.14 $0.15 $0.14 D. 10,001 sq. ft. and greater $0.14 $0.15 $0.14 ITEM 9: CERTIFIED TIFWAY 419 BERMUDA SOD A. Up to 1,000 sq. ft. $0.1275 $0.34 $0.19 B. 1,001 sq. ft. to 5,000 sq. ft. $0.1275 $0.235 $0.19 C. 5,001 sq. ft. to 10,000 sq. ft. $0.1275 $0.175 $0.40 $0.19 D. 10,001 sq. ft. and greater $0.1275 $0.16 $0.40 $0.19 NUMBER OF COMPANIES NOTIFIED': 964 NUMBER OF BID DOCUMENTS DISTRIBUTED': 28 NUMBER OF BIDS RECEIVED: 5 'per demandstar.com " AGENDA REQUEST ~EM NO. C-2-C DATE: July 16, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING Michael Rath. Purchasinq Director SUBJECT: Amendment to Contract No. C02-02-311 with South Florida Concrete Services, Inc., for Concrete, Culvert and Asphalt Installation. BACKGROUND: On January 8, 2002 the Board of County Commissioners awarded Bid No. 02-018 to South Florida Concrete Services, Inc., for Concrete, Culvert and Asphalt Installation for the Road and Bridge Division. It was originally estimated that the use of this contract would not exceed $70,000. It is now estimated, based upon additional usage of this contract, that an increase to this contract is needed in the amount of $50,000. FUNDS AVAILABLE: Funds are available in the Public Works, Drainage Maintenance MSTU, Account No. 102001-3725-534000-300. PREVIOUS ACTION: On January 8,2002 the Board approved Contract No. C02-01-251 with South Florida Concrete Seryices, Inc. RECOMMENDATION: Staff recommends that the Board of County Commissioner's approve the amendment to the contract with South Florida Concrete Services, Inc., and authorize the Chairman to execute the amendment as prepared by the County Attorney increasing the total annual "not to exceed amount" to $120,000. COMMISSION ACTION: Änderson ty Administrator .' . ~ APPROVED [] DENIED [ ] OTHER: 4-0 Carom. Coward absent stepped out of room. County Allomey:(X) g~ Coordination/Signatures Mgl & Budget (Xl 7JlfJ ~ Other: Purchasing Mgr.:(X) Other: /,/¡f}- Originating Dept: Finance: (Check ibr Copy only, if Applicable) Elf. 1/97 \.., c C 'ì - 01- d5 1 "wi FIRST AMENDMENT TO JANUARY 8, 2002 CONTRACT _ THIS FIRST AMENDMENT, is made and entered into this de' day of ..JUYìe., ,2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and SOUTH FLORIDA CONCRETE SERVICES, INC., (the "Contractor"). WHEREAS, on January 8, 2002, the parties entered into a Contract which provided for Concrete, Culvert and Asphalt Installation through and including January 7, 2003; and, WHEREAS, the parties desire to amend the Contract to increase the total "not to exceed" amount of the Contract from $70,000 to $120,000. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. CONTRACT PAYMENT shall be amended to read as follows: 7. CONTRACT PAYMENT For performance of this contract in accordance with its terms and conditions, the County shall pay the Contractor under this Contract at the rates described in Exhibit "A". The total of this Contract shall not exceed $120,000.00 (One Hundred Twenty Thousand dollars) per year. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. 1 \...,; ....., IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK WITNESSES: SOUTH FLORIDA CONCRETE "SERVICES, INC. L0~~ Representative '- \:¡ ] IŒ"'e'j ~;~" r (,\ L¡~ Print Name: \C~~i t.ù()"",,,- Title: x:Y~", / 2 '-' '-' AGENDA REQUEST ITEM NO. C-3-F SUBJEC : Award of Bid No.. 02-018, Concrete, Culvert and Asphalt InS!allation' DATE: January 8, 2002 " REGULAR [ 1 PUBLIC HEARING [ ] CONSENT [Xl ·TO: BO RD OF COUNTY COMMISSIONERS PRESENTED BY: ED BY (DEPT): Purchasina Michael Rath. Purchasina Director . . BACKG OUND: On December 19, 2001 bids were opened for Concrete. Culyert and Asphalt Installation forthe R ad and Bridge Division. One thousand seventeen (1 0 17) vendors were notified, fifteen (15) bid docume s were distributed anc;j two (2) bids were received (tabulation attached). The Road and Bridge Division as reviewed the bids received and recommends thatthe bid be awarded the low bidder, South Florida ncrete Service. Inc., at the unit prices submitted (see attached memorandum). VAILABLE: Account No.: 102001-3725-534000-300, Drainage Maintenance MSTU RECOM ENDATION: Staff recommends award of Bid No. 02-018 for Concrete, Culvert and Asphalt Installati n to South Florida Concrete ServiCe. Inc., at the unit prices bid, and authorization for the Chairma to sign the contract as prèpared by the County Attorney. [ ] DENIED E: Originating pt ~ Coordination/Signatures Mgt. & Budget 09JjJ mrn<5; Other: Purchasing Mgr ~(JQ µe.. Other: Elf. 1m ----~-~_._._._~ ~. ------------...,-- ----..---....- ~ ~ -.I*C 0 ;) - 0 I v.)S ( CONTRACT THIS CONTRACT, made this 8th day of January , 2002, between ST. LUCIE COUNTY, a Political Subdivision of the State of FIQrida, hereinafter called the "COUNTY, and SOUTH FLORIDA CONCRETE SERVICES, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to' carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of S1. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done. under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is Concrete, Culvert and Asphalt Installation. 3. PROJECT MANAGER The Project Manager for the County is Scott Herrina at (561) 462-5211. The Project Manager for the Contractor is Tom White at (561) 489-1118. . The parties shall direct all matters arising in connection with the performance of this Contract, other than invoic~s and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages 1 through 10 inclusive. B. Contractor's Bid and Bid Bonds, consisting of ~ pages. C. Bid Documents, consisting of: General Conditions, pages 1 to 2, inclusive. Special Conditions, pages I to ª, inclusive. Minimum Specifications, pages 10 to 11, inclusive. 1 '-' ....J D. Insurance Certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. E. Any Modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 5. PERFORMANCE GUARANTY That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the Work; and further guarantees the successful performance of the Work for the service intended. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor from his or its obligations to do and complete the Work in accordance with this Contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective Work, an equitable deduction from the contract price shall be made therefore or in the altemative, if the expense incurred by the County to correct deficient or defective Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The liability of the Contractor and its surety or sureties for such payment is joint and several. 6. TERM The term of this contract shall be for a period of one (1) year from the date first written above. Upon mutual agreement, the parties may extend the terms of the Contract for two (2) additional one (1) year terms. . . In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefqre. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. 7. CONTRACT PAYMENT For performance of this contract in accordance with its terms and conditions, the County shall pay the Contractor under this Contract at the rates described in Exhibit "N. The total of this Contract shall not exceed $70,000.00 (Seventy Thousand Dollars) per year. The County shall pay the Contractor through. payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 2 ~ '...I 8. SUBCONTRACTORS In the event Contractor requires the services of any subcontractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. 9. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment{s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years _ after completion of the project and issuance of the final certificate, whichever is sooner. 10. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 11. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the sa'et/ 3 '-' ....., of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 12. INDEMNITY Contractor agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as ·County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the County to the Contractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the County under the requirement of Section 725.06 Florida Statutes. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the COUNTY. 4 \w ....J 13. INSPECTION The project will be inspected by the Project Manager and will be rejected if it is not in conformity with the Contract provisions. Rejected Work will be immediately corrected by the Contractor. When the Work is substantially completed, the Contractor shall notify the County in writing that the Work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 14. INSURANCE The Contractor shall procure and maintain during the life of this Contract insurance of the types and subject to the limits set forth below. The Contractor shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub-contractors are used by the contractor, it shall be the responsibility of the contractor to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. All insurance companies providing insurance under this Contract shall be licensed and authorized to do business in the State of Florida. These companies shall have a general policyholders rating of A or better and a financial rating of X or better according to the latest edition of Best's Key Rating Guide, published by A.M. Best Company. Any deductibles or self insured retention must be declared to and approved by the County. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self insured retention with respect to the County, its elected and appointed officials, employees, volunteers and agents, or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Workers' Compensation insurance 'coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $1,000,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $1,000,000 per occurrence, $3,000,000 per job aggregate, for claims of bodily injury including death, property damage and personal injury. The coverages of Owners and Contractors Protective, Contractual Liability and the coverage of XCU shall be included. The Contractual Liability coverage shall be specifically endorsed to include indemnity and hold harmless requirements set forth herein. 5 '- ...I C. COMMERCIAL AUTO LIABILITY The Contractor shall provide and maintain during the life of the contract, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $1 ,000,000.00 combined single limit. D. ADDITIONAL NAMED INSURED If the Contract payment amount exceeds $50,000.00 as set forth in paragraph 8. of this Contract, the General Liability, Auto Liability and Builders risk policies shall contain or be endorsed to state that the County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional named insureds for any and all liability arising out of the Contractor's performance of this Contract, or out of automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. . E. OTHER INSURANCE PROVISIONS 1. The Contractor's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. 2. Any failure to comply with the reporting provisions of the policy shall. not affect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 3. The Contractors insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 15. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a . general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances,or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. 6 '- "" (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind fumished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance bond shall remain in full force and effect for. the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees . that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. Upon such termination, the Contractor waives any claims for damages from the termination without cause, including loss of anticipated profits, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1) all bonds shall remain fully in force to insure the County's ability to construct the project for the Contract amount; (2) the County shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the Work, or to negotiate with the number two bidder under the original bid; and (3) the Contractor and his surety shall be jointly and severally responsible for all costs over the original Contract amount incurred by the County in completion of the project, in addition to construction costs, such costs may include engineering, advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the Work. In the event of termination without cause by either party, the obligations of the Contractor and his surety with respect to the warranty and maintenance bond shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. 16. NON DISCRIMINATION· Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 7 \.f ....J 17. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act (1INA"). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 18. PRODUCTS OR MATERIALS WITH RECYCLED CONTENT Contractor is required to procure products or materials with recycled content with respect to Work performed or products supplied under the contract when those products or materials are available at reasonable prices. A decision to not procure such items must be based on a determination that such procurement: a) Is not available within a reasonable period of time; or b) Fails to meet the performance standards set forth in the applicable specifications or fails to meet the reasonable performance standards of the agency. Contractor shall provide the County with a written statement indicating what recycled products were used or supplied. If a decision was made not to use recycled products, Contractor shall provide County with a written statement indicating the basis for the decision using the above criteria. 19. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (1997) and as may be amended from time to time. 20. ABESTOS-FREE MATERIALS Contractor shall not use any asbestos or asbestos-based fiber materials in the Work performed under this Contract. . 21. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 22. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties for such fees and costs is joint and several. 8 ~ '-' 23. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor. South Florida Concrete Service, Inc. P.O. Box 12033 Ft. Pierce, FL 34979 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the . date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 24. NON·WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 25. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (1997) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractors judgment or quality of . services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at hislher option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 9 "" "wi 26. DISPUTE RESOLUTION Any disputes relating to a question of fact arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its representative. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 27. MEDIATION In the event of a dispute between the parties in connection with this Contract other than a question of fact to be resolved as described above, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree ona mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the. mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 28. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for S1. Lucie County, Florida, for claims under state law and the Southem District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. BOARD OF COUNTY COMMISSIONERS ST. LUCIE CO TY, LO A BY: APPROVED AS TO FORM AND CORRECTNESS: ATT!3T. W\'~c..S~~ ~~~~~ ~~ f:tJtf\ COUNTY A TIORNEY SOUTH FLORIDA ~ONnRETE SERVICE, INC. BY: ~&u4 ~ PRESIDENT . (SEAL) Print Name /fJ~ W Ct;. ~~ 10 , .. O' \.f ...",; ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BIDDER'S CHECK LIST BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with your bid. Before sending in your bid. please make sure you have completed all of the following: o Enclose Three (3) sets of the Bid form (one marked original and two copies), including all handwritten sections, and three (3) sets of any descriptive literature, brochures and/or supporting data. Please make and retain a separate copy of this bid package for your records. o . Bid Form, must be complete and have a manual signature (original signature) in . ink. o Include 5% bid security in the form of a cashier's check, money order or bond (if required). No copies accepted. o Include proof of proper licensing as stated in bid documents. o Return bid in an envelope with the bid number and name of bid printed on the front of the envelope. If Fed-Ex or UPS-please keep bid in a separate sealed envelope when placing it in their packaging. o Acknowledge in the bid any and all addendums issued and manually sign each addendum sheet and submit it with your bid. o Provide three (3) references, preferably Governmental. Include company name, contact name, address, telephone and facsimile number for similar work completed in the past year. o Erasures or other descriptive literature, brochures and/or data must be initialed by the person signing the bid. o If you desire a copy of the bid tabulation, include a self-addressed, stamped envelope for bid tabulation to be mailed back to you. ~i I \... .. .." "- . . PLEASE INITIAL AND RETURN WITH BID FORM St. Lucie County Bid No. 02-018 , , '-' Exhibit "A" BID FORM () 0 .,"~ ~/.Jj:...L !I,,;.; f-. ( . ....",J All bids must be submitted in a sealed envelope addressed to the S1. Lucie County Purchasing Director, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. Bid # 02.Q18 Concrete, Culvert and Asphalt Installation I, Tõo""" \¡Jh,~ -\.~ REPRESENTING bÐ; R~ COl.J"Cf"1:.k Company and/or Corporation, agree to perform Concrete, Culvert and Asphalt Installation ser.rices as specified and described herein for the unit price of: CONCRETE INSTALLATION: All replacement concrete is to be 3,000 PSI with fiber and all concrete work will have a pre- pour and final inspection. . 1. Removal per square foot - 6 inches thick 2. Removal per square foot - 4 inches thick 3. Replacement per square foot - 6 inches thick 4. Replacement per square foot - 4 inches thick 5. Removal per miter end section 6. Replacement per miter end section $ $ $ $ $ $ ,-, ,j ~ 00 d,.·75 "2,. SO - :;..... '1$ .so... sO '7~..Ð'O Note: Concrete removal and replacement price is to be for any type of flat work (i.e. driveways, sidewalks, slabs, etc.) CULVERT INSTALLATION: All culverts and their proper invert elevations will be provided to the contractor by S1. Lucie County (contractor to pick up the culverts at the Road & Bridge Compound on Oleander Avenue or where directed). 1. Installation per lineal foot of pipe 2. Removal per lineal foot of pipe 3. Replacement per lineal foot of pipe $ 15 00 $ J O. 00 $ .;25,..00 Note: We estimate that the average size of culv.ert pipe to be removed and/or replaced to be 15" or 18" in diameter. All pipe replacement to be C.M.P. ASPHALT INSTALLATION: All asphaltto be a minimum thickness of one (1) inch, Type III 1. Removal per square foot 2. Replacement per square foot St. Lucie COWlty Bid #02-01 8 23 $ $ r-2, 7:5 ~. 76 r' \..- ~ UNPAVED SURFACE INSTALLATiON: All surfaces to be returned to their original condition. Price for the unpaved surface restoration should be included in the price of the removal and installation of the culvert pipe. Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. ADDRESS: NAME OF BIDDER: "sGlI.l,-th N" C~H...)C¡f~t'L S.-r'1 .~c.., þ. ~. ~'i- ìë<.c33. FJ· Pt"~rc£ ( 7/ ?t.{f 79 . ! 118" t.-0~ FAX: '8' Ie 3 7t:3 (,,122- PHONE: 5t;, ( 4-~ ".../¡ . SIGNED BY: c9.. 'f"'n,(V\ TITLE: ? f' -e-:" DATE: 1.J - lCj' -~f St. Lucie County Bid #02-018 24 ~ ....J Bid # 02-018 Concrete, Culvert and Asphalt Installation CUSTOMER REFERENCE LISTING Contractor shall furnish the names, addresses, and telephone numbers ofa minimum of three (3) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name ~- k'J>..c'" L.- CO<-\'''-"~ ~o....~ ~"ß.r~~"lE Address Contact Person Telephone Number Facsimile Number 2) Company Name Address Contact Person Telephone Number Facsimile Number 3) Company Name Address Contact Person Telephone Number Facsimile Number 4) Company Name Address Contact Person Telephone Number Facsimile Number St. Lucie County Bid #02-018 3071 KA"J ,Sc. ¡ :S~f o ¡ -eA.lI.D-..... FH y\"'¡'~ ¡' MV.l.t.~ K u,S 4r[~~ 4~;z,. :;.5 II ~3b3 ~A-'-'IL,"SAC7 i.t /,..J j >~5 ~rJc..1 í 3 cj. '8 ð<:JM:P1-e~{""'/'N_ C-/rd"'>:;.. I r=P v\.l\k ~ SAc.ßj l.l¡t,J Sre ( '-11: 5 ..;¡ rf 7 S ::s:,¡ 4- ~'" ~"$-ð h . /..0 c..{ß-~"¡ þ'4t Ý ..eJ 'OÞ Me.v{. to. ,.¡:: l--' C. tj!)~ -1,[4. i3A-ý3:Jh&r-c. 6llßJ ( f.s{ (trJ&J..¡ \iA 5r::.. -e..í! µ"'O . :5(,( 33 ¿, .s ~8"2- .:56/ ., 3 ~ 's'E- 'Í 5 >i. Lu;"[,· COLt~* ~ck(J/ ~J- 3-}7 N.W. tCI#¡",·t'<.(~-e PI. ÛI'.''{-e..¡ fJs( {J¡P-ell. 7~5 ·6'(f 715 . bÇ,W -.::¡;;,..... .,....".\..i ç::;; ~( ~( 25 \r .....J Bid # 02-018 Concrete, Culvert and Asphalt Installation 1.0 INSTRUCTIONS TO BIDDERS 1.1 SUBMISSION OF BIDS: All bids shall be submitted in a sealed envelope. The BID NUMBER, ENHANCED SWALE MAlNTENENACE, AND OPENING DATE AND TIME shall be clearly displayed on the sealed envelope. The delivery of said bid to the Purchasing Department prior to the specified opening date and time is solely and strictly the responsibility of the bidder. Any bid received in the Purchasing Department after the specified date and time will not be accepted. If the bid is to be delivered by Fed-X, UPS, or other such carrier, be sure to include the bid number on the Air Bill. The bid must be in a separate sealed envelope Inside the canier=s envelope. If a carrier=s package is opened and the bid is not in a separate envelope it will be resealed and reopened at the . designated date and time. 1.2 EXECUTION OF BID: Bid must include a manual signature of an authorized representative in the space provided. All bids must be completed in pen and ink or type written. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Ariy illegible entries, pencil bids, or corrections, not initialed will not be tabulated. . 1.3 BID OPENING: Bid opening shall be public on the date and time specified. Bid must be submitted on forms provided by the County. No other forms will be accepted. Telephone, telegraph, and faxed bids will not be considered. No bid may be modified after opening. No bid may be withdrawn after opening for a period of sixty (60) days unless otherwise specified. . 1.4. BID TABULATIONS: Any bidder wishing to receive a copy of the bid tabulations is required to enclose a stamped, self- addressed envelope with bid response. 1.5 NO BID: If not submitting a bid, respond by retuming one copy of the form, marking it "NO-BID, and explain the reason. 1.6 BID SECURITY: Bid Security may be in the form of a cashiers check or bid bond in the amount of five percent of the base bid or bid on an annualized basis. Personal or company checks will not be accepted. If required, under Section 41 , the bid security must be submitted with the b ¡d. 1.7 CLARIFICATION/CORRECTION OF BID ENTRY: The County of S1. Lucie reserves the right to allow for the clarification of questionable entries and for the correction of typographical and mathematical errors. 1.8 INTERPRETATION: Any qUestions conceming conditions and specification shall be directed to the Purchasing Department. All questions shall be in writing and received by the Purchasing Department at least 10 working days prior to the bid opening. Those interpretations. which may affect the eventual outcome of this bid, will be furnished, as written addendums, to all prospective bidders. No interpretation shall be considered binding unless provided in writing by S1. Lucie County. St. Lucie County Bid No. 02-018 1 \w- ...." 1.9 EEO STATEMENT: 51. Lucie County believes in equal opportunity practices which conform to both the spirit and letter of all laws against discrimination and is committed to nondiscrimination because of race, creed, color, sex, age, or national origin. 1.10 PRICING: Firm prices shall be bid and include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point within the County of St. Lucie to a secure area of inside delivery. Pricing shall also include installation when required. The obligations of St. Lucie County under this award are subject to the availability of funds lawfully appropriated for the purpose by the State of Rorida and/or the Board of County Commissioners. 1.11. ADDITIONAL TERMS & CONDITIONS: . The County of St. Lucie reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original conditions and specifications. 1.12 TAXES: The County of St. Lucie is exempt from all sales, Use and like taxes. . 1.13 DISCOUNTS: All discounts EXCEPT THOSE FOR PROMPT PAYMENT shall be considered in determining the lowest net cost for bid evaluation purposes. 1.14 MEETS SPECIFICATIONS: All equipment and accessories furnished under these specifications shall be new, the latest model in current production and shall be of good quality, workmanship and material. The bidder represents that all equipment offered under this specification shall meet or exceed the minimum requirements specified. Delivery specifications shall be strictly adhered to. . 1.15 EQUIVALENTS: My manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information only and not to limit competition. Bid any brand which meets or exceeds the quality of specifications listed for any item. If the bid is based on equivalent products, indicate on the bid form the manufacturer's name and number and indicate any deviation from the specifications as listed. Include fully descriptive literature on item(s). Lacking any written indication of intent to quote an equivalent brand or model number, the bid will be considered as a quotation in complete compliance with the specifications as listed in the bid form. 1.16 SILENCE OF SPECIFICATIONS: The apparent silence of the specifications and any supplemental specifications as to any details or the omission from same of any detailed description conceming any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be made upon the basis of this statement. 1.17 SAMPLES: Samples of items, when required, must be fumished free of expense and, if not destroyed, will, upon request, be retumed at the bidder's expense. Request for the retum of samples must be made within 30 days following opening of bids. Each individual sample must be labeled with bidder's name, bid number, and item number. Failure of bidder to either deliver required samples, or clearly identify samples as indicted, may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the office of the Pu rchasing Manager. St. Lucie Connty Bid No. 02-018 2 \.- ..., 1.18 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days required to make delivery after receipt of purchase order in space provided. Delivery time may become a basis for making an award (see Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday. 1.19 ASSIGNMENT: Any purchase order issued pursuant to this bid and the monies which may become due hereunder are not assignable except with the prior written approval of the Purchasing Manager. 1.20 LIABILITY: The bidder shall indemnify and hold harmless the County of St. Lucie, its officers, agents, and employees against any claims by third parties arising out of the acts or omissions of the supplier. 1.21 PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless the County of 8l Lucie, its officers, agents and its employees from Iiabi/ityof any nature of kind, including cost and expenses for or on . account of any copyrighted, patented, or un patented invention, process, or article manufactured or used in the performance of the contract, including its use by the County of St. Lucie. If the bidder uses any design,.device, or materials covered by letters, patent, copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work. 1.22 TRAINING: Unless otherwise specified, bidder(s) may be required at the convenience of the County, to provide training to County employees in the operation and maintenance of any item(s) purchased from this bid. 1.23 ACCEPTANCE: Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. Those items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the vendor. Any violations of these stipulations may also result in that vendor name being removed from the bidder list and the vendor disqualified for doing business with the County of 8t. Lucie. 1.24 SAFETY WARRANTY: The selling dealer, distributor, supplier, and manufacturer shall be responsible for having complied with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use thereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to both private industry and governmental agencies. 1.25 WARRANTY: The bidder agrees that, unless otherwise specified, the supplies and/or services furnished under this bid shall be covered by the most favorable commercial warranty the bidder gives to any customer for . comparable quantities of such supplies and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the County of St. Lucie by any other provision of this bid. 1.26 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage results from negligence by the buyer. 1.27 PAYMENT: . Payment will be made by the County after the items awarded to a vendor have been received and/or installed, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. St. Lucie County Bid No. 02-018 " -.0- '-"', ...., 1.28 DISPUTES: In case of any doubt or difference of opinion as to the items fumished hereunder, the decision of the County shall be final and binding on both parties. 1.29 LEGAL REQUIREMENTS: Federal, State, County, and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.30 OPEN-END CONTRACT: No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities will be used for. bid comparison purposes only. The Board of County Commissioners reserves the right to issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, or, any combination of the proceeding. 1.31 DEFINITIONS: COUNTY-The term COUNTY herein refers' to the County of St. Lucie, Florida and its duly authorized representatives. BIDDER-The term BIDDER used herein refers to the dealer/manufacturerlbusiness organization submitting a bid to the County in response to this invitation. VENDOR-The term VENDOR used herein refers to any dealer/manufacturerlbusiness organization that will be awarded a contract pursuant to the terms conditions and quotations of the bid. . USING AGENCY-The term USING AGENCY used herein refers to any department, division, agency, commission, board, committee, authority or other unit in the County Government using supplies or procuring contractual services as provided for in the Purchasing Ordinance of the County of St. Lucie. HEAVY DUTY-The item(s) to which the term HEAVY DUlY is applied shall exceed the usual quality anellor capacity supplied with standard production equipment and shall be able to withstand unusual strain, exposure, temperature, wear and use. DISTRICT-The term DISTRICT herein refers to the St. Lucie Mosquito Control District and its duly authorized representatives. 1.32 CONFLICT OF INTEREST: The award hereunder is subject to prOVisions of State Statutes and County Ordinance. All bidders must disclose, with their bid, the name of any officer, director or agent who is also an employee of 5t. Lucie County. Further all bidders must disclose the name of any County employee who owns directly or indirectly any interest in the bidder's firm or any of its branches. . 1.33 NOTICE TO SELLER TO DELIVER: No delivery shall become due or be acceptable without a written order or shipping instruction by the County unless otherwise provided in the Contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required the Seller may be given telephone notice to be confirmed by an order in writing. 1.34 MODIFICATIONS: All changes to purchase orders shall be by issuance of a change order. Any modifications or changes to any contract entered into as a result of this bid must be by written amendment with the same formality and of equal dignity to the initiation of any such change. St. Lucie County Bid No. 02-018 -4- \w- ...,J 1.35 OCCUPATIONAL LICENSE: No person shall engage in or manage any Business Profession or Occupation in St. Lucie County for which an occupation license tax is required unless a County License shall have been procured from the Tax Collector for St. Lucie County. 1.36 ADDENDA TO THE BID: St. Lucie County reserves the right to amend this bid or request additional clarifying information from any or all bidders prior to determination of award. AIly changes to this bid will be made available for all prospective bidders to receive. Although we will make an attempt to notify you of the addendum, it is the sole responsibility of the bidder to ensure it is received. 1.37 PERMITS AND FEES: . The Vendor shall procure and pay for all licenses, charges and fees and give notices necessary and incidental to the due and lawful prosecution of the work. The cost of all permits and impact fees shall be pay by the County unless specifically itemized elsewhere in these documents. 1.38 PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES: This bid may be expanded to inClude other governmental agencies. Each political entity will be responsible for execution of its own requirements with the awarded vendor. 1.39 AWARD AND CONTRACT: The successful bidder, will, within fifteen (15) calendar days after written notice of award, enter into a written contract with the Board of County Commissioners in accordance with the accepted bid. 1.40 PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract to the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. .. The County will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A{e) of the Immigration and Nationality Act ("INN)]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. 1.41 BOND AND INSURANCE REQUIREMENTS: Bonds must be issued by a Bonding Company with a Best Insurance Guide's rating of "A" or better and must be licensed or authorized to do business in the State of Florida. Certlficates of insurance, Public Construction Bonds and/or Maintenance Bonds must be received by the applicable County office prior to actual commencement of the project. All certlficates of insurance shall list the county as Additional Insured and reference the specific project. Please note that where applicable the following bond and insurance requirements supersede those set forth in the sample contract. St. Lucie County Bid No. 02-018 -5- \.,-, "'" BONDS A Yes 5% Bid Security B. No 100% Maintenance Bond _ years C. No 100% Public Construction Bond (see bid form) INSURANCE A. Yes Worker's Compensation $1,000,000 by accident - each accident $1,000,000 by disease· each employee $1,000,000 by disease - policy limit B. Yes Commercial General Liability $1,000,000 per occurrence $3,000,000 per job aggregate C.Yes Commercial Auto Liability Combined Single Limit, Bodily Injury/Property Damage $1,000,000 D.No Builder's Risk (all risks for the total construction cost of the project) Professional Liability $1,000,000 aggregate E.No F.No Other 1.42 REJECTION OF BIDS: The County of 5t. Lucie reserves the right to reject any or all bids, to waive informalities, and to accept air or any part of any bid as may be deemed to be in the best interest of the county. 1.43 YEAR 2000 WARRANTY: Vendor warrants that each hardware, software, firmware or information product delivered under this bid shall be able to accurately process and/or reflect date data (including, but not limited to, calculating, comparing and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by the vendor, provided that aU listed or unlisted products (e.g., hardware, software, firmware) used in combination with such product property exchange data with it. If the bid requires that specific products must perform as a system in accordance with the foregoing warranty, then thàt warranty shall apply to those products as a system. The duration of this warranty and the· remedies available to the County for breach of this warranty shall be as defined in, and subject to, the terms and limitations of the vendor's standard commercial warranty or warranties contained in this bid, provided that notwithstanding any provision to the contrary in such commercial warranty or warranties' the remedies available to the County under this warranty shall include repair or replacement of any product whose non-compliance is discovered and made known to vendor in writing. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under all other associated warranty=s with respect to defects other than Year 2000 performance, nor be construed to cenfer upon the County any rights or remedies other than Year 2000 performance not granted by the other associated warranty=s. 81. Lucie County Bid No. 02-018 -6- '-' ....,¡ Bid # 02·018 Concrete, Culvert and Asphalt Installation 2.0 SPECIAL CONDrTlONS: 2.1 PURPOSE: The purpose of this Bid is to establish a contract, by means of sealed bids for Concrete, Culvert and Asphalt Installation services as specified herein, from a source(s) of supply that will give prompt and efficient service. 2.2 TERM OF CONTRACT: This contract shall commence the day after date of award by the _ St. Lucie Board of County Commissioners, Florida and shall remain in effect for a period of one (1) year. Providing the successful bidder(s) will agree to maintain the same terms and conditions of the current contract, this contract could be extended for an additional two (2) years, on a year-to-year basis. 2.3 METHOD OF AWARD: Award of this contract will be made to the lowest responsive, responsible bidder whose bid will be most advantageous to St. Lucie County. 2.4 PAYMENT: Invoices for payment will be submitted on a monthly, weekly, etc. basis for the duration of the contract. Invoices will be subject to verification and approval by Project Manager. 2.5 DELIVERY TIME: N/A 2.6 ADDITIONS/DELETIONS OF FACILrTlES: N/A 2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided however, that the bidder may offer incentive discounts from this fIXed price to the County at any time during the contractual term. 2.8 PRE·BID CONFERENCE: A MANDATORY pre-bid conference will be held on Monday, December 3, 2001 at 8:30 A.M;, EST at the Road & Bridge Conference Room, 3071 Oleander Ave., Ft. Pierce, FL 34982. Only contractors attending this conference will be allowed to bid. 2.09 CONTACT PERSON: For any additional information regarding the specifications and requirements of this bid, contact: Michael Rath, Purchasing Director, (561) 462-1700. 2.12 SAMPLES: N/A 2.13 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Purchasing Department, 2300 Virginia Ave., Ft. Pierce, FL 34982-5652; fax: (561) 462-1704. The bid title and number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. St. Lucie County Bid No. 02-018 -7- \.; "wi 2.14 TIE BIDS: Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Bid received from a business that certifies that is has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 2.14.1 Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. 2.14.2 Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2.14.3 Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 2.14.4 In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than fIVe (5) days after such conviction. 2.14.5 Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 2.14.6 Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 2.15 SPOT MARKETING PRICING: NfA 2.16 PROPERTY: Property owned by S1. Lucie County is the responsibility of St. Lucie County. Such property fumished to a Contractor for repair, modification, study, etc., shall remain the property of S1.Lucie County. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to S1. Lucie County shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property if any. 2.17 DISCOUNTS (From published price lists): N/A 2.18 ESTIMATED QUANTITIES: Quantities stated are for bidders' guidance only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous needs and estimated usage for a 12-month period. Said estimated quantities may be used by the County for the purpose of evaluating the low bidder meeting specifications. 2.19 HOURLY RATE: NfA St. Lucie County Bid No. 02-018 o -0- '-' """'" 2.20 PRODUCT/CATALOG INFORMATION: N/A 2.21 REFERENCES: Each bid must be accompanied by a list of references, which shall include the name of the company, a contact person, telephone and facsimile number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.22 COMPLETE PROJECT REQUIRED: These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any item or classes under scope of the several sections shall not relieve the contractor from fumishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project. 2.23 FACILITY LOCATION: N/A 2.24 BID SUBMITTAL: . All bids submitted shall include the completed. Bid Form and aU required product information and any other items as indicated on the Bid form. Bids may be considered "Non-Responsive" if the required information is not submitted by the date and time specified. . 2.25 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder; maintains a permanent place of business; has technical knowledge and practical experience included in this scope of work; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incidental to the work; has not had just or proper claims pending against him or his work; and has provided similar services 2.26 LATE BIDS: . St. Lucie County cannot be responsible for bids received after opening time and encourages early submittal. Late bids shall be rejected. 2.27 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. 2.28 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND T'NO COPIES of the Bid Form and all required and any other items as indicated on the Bid Form must be retumed, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. St. Lucie County Bid No. 02-018 -9- \.r """" Bid # 02-018 Concrete, Culvert and Asphalt Installation 3.0 MINIMUM SPECIFICATIONS: I. GENERAL: A DRIVEWAY REPLACEMENT - Removal and replacement of existing driveway installations, both with and without existing culverts. Removal and replacement of existing concrete, asphalt, and dirt or rock driveway surfaces. Removal and replacement of existing concrete sidewalk sections. 1. Work to be performed, driveways: a. Remove and replace existing culverts as designated by the County Project Manager or his designee to enhance existing drainage. b. Remove and replace existing driveway surfaces above culverts to be installed. c. Inspections must be approved by the Project Manager or his designee to ensure they meet the current County standards. d. Miter ends to be formed and poured having had both a pre-pour and a final inspection. e. All disturbed areas to be sodded with like sod, including all fill material necessary to bring the area to grade. B. FLATWORK REPLACEMENT: 1. Work to be performed, sidewalk and slab: a. Sections for replacement of existing f1atwork will be marked by the Road & Bridge Division Manager or his representative. b. All sections to be replaced will be cut and removed, new sections formed and concrete placed to a minimum of four (4) inches in depth. Concrete is to be 3,000 PSI with fiber and control joints to be placed a maximum of six (6) feet apart. c. All concrete form work and prepared base to be inspected by the County's project manager prior to material being placed. d. All disturbed area to be restored with like sod and final inspection approved by the County's Project Manager prior to payment. C. ALL OTHER REQUIREMENTS: 1. All material removed from the work area will be the contractors responsibility to dispose of pr?perly. 2. All material and labor to be supplied by the contractor. a. Driveway surface material b. Fill material, if needed c. Sod d. Traffic control - per FDOT 3. Access to property, via impacted driveway, shall not be denied for more than 36 continuous hours. . 4. All work, from start to finish, is to be performed within a three (3) day period. St. Lucie County Bid No. 02-018 -10- '-' "" II. NOTIFICATIONS: A Contractor to notify the Road & Bridge Division Manager or his representative of any condition or circumstance which may impede the performance of assigned duties including but not limited to the following: 1. Obstructions within the swale area (Le. trees, structures). 2. Failed or damaged culverts, or culverts out of the flow-line wither laterally or vertically. B. The Road & Bridge Manager orhis representative will notify the contractor at least one (1) week prior to sending the crew a new work site. County personnel will notify residents in effected areas of work to be done. - C. All complaints or requests by the Public will be directed to the Drainage Section of the Road & Bridge Division. St. Lucie County Bid No. 02-018 -11- ~- \.; .-....J AGENDA REQUEST ITEM NO. Co .jL DATE: July 16, 2002 "Investment for the Future" REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: ~Il~~'-~" WI(\. .-/" Donald B. wë1t, P.E. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Work Authorization NO.4 to the Contract for Professional Services related to Stormwater Management with BCI Engineers & Scientists, Inc., for Harmony Heights Master Drainage Improvements for Design and Permitting of Phase 1. BACKGROUND: . The Harmony Heights Homeowners' Association has requested S1. Lucie County provide drainage and roadway improvements to their subdivision. Roadway improvements cannot be constructed without first improving drainage in the subdivision. The attached engineering proposal from BCI outlines the scope of services for the design and permitting for phase I of the drainage and roadway improvements plan to include project management and engineering services, and encompasses design, surveying and permitting for phase 1 construction as identified in the master plan. This will be work authorization no. 4 with BCI in the amount of $75,784.80. FUNDS AVAIL.: Funds will be made available in 1 02001-3725-563005-425Q7 Drainage Maintenance- MSTU PREVIOUS ACTION: January 15, 2002 - BOCC approved WA 3 in the amount of $67,099.84 for Harmony Heights Master Drainage Plan. RECOMMENDATION: Staff recommends the Board approve Work Authorization No.4 with BCI in the amount of $75,784.80 for Harmony Heights Subdivision Drainage Improvements Design and Permitting for Phase I and authorization for the Chairman to sign. D sAnderson County Administrator Coordinatlon/Sianatures (x)Mgt. & Budget (ú) J)\tl~ (x)Co. Eng ~"", ( ~ COMMISSION ACTION: M APPROVED [ ] DENIED [ ] OTHER: 4-0 Comm. Coward absent stepped out of room. :;/ (x]County Attorney (x)Originaling Dept. Public Works Ú r harmony heights drainage3.ag . (x)Revenue COord~ ()Other '-' .",¡ WORK AUTHORIZATION NO.4 Engineering Services Related to Stormwater Management COO-06-086 for Harmony Heights Drainage Improvements Design and Permitting - Phase I Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and BCI Engineers & Scientists, Inc.(the "Engineer") dated June 13, 2000, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Wµ:NESSES: vki ~ { ENGINEER: Date: Wa t Reigner, Execu e Vice President, P.E. BCI Enginee~s Scientists, Inc. ~ ....., EXHffiIT A ST. LUCIE COUNTY ENGINEERING DIVISION Harmony Heights Master Drainage & Roadway Improvements Plan Design and Permitting for Phase T Scope of Services I. Description St. Lucie County Stormwater Management Services II. Provisions for Work Engineering services will be accomplished in accordance with the St. Lucie County Continuing Engineering Services Contract. HI. Project Description - Harmony Heights Master Drainage & Roadway Improvements Plan This work will be accomplished in compliance with local water management district requirements. TV. Scope of Services BCI will provide project management and engineering services using staff and resources from our Lakeland office to provide full technical support to St. Lucie County. BCT will be assisted by Pickett & Associates for survey services for the project. BCI will provide all equipment and materials necessary to conduct these engineering services. This project encompasses design, survey and permitting efforts for the first phase of construction as identified in the Master Plan. The area of the 320-acre Harmony Heights subdivision that St. Lucie County desires to include as part of this work effort is shown on Exhibit D. Services to be managed and developed during the term of this agreement will address design, survey and permitting of Phase One concurrent with conceptual permitting of the entire subdivision. These services will specifically include: · Project Meetings including a kickoff meeting and two other meetings (with County staff) to be scheduled when the County deems most beneficial to the project. Survey services of the project area will be provided to assist with the design work of this project. o Establish horizontal and vertical control points throughout the project site. o Establish permanent benchmarks throughout the project. o Establish survey baselines along the roadways. o Collect roadway cross section data (l0' beyond RIW to 10' beyond RIW) every 100' for all roads in the project area. o Cross-sections of the primary ditches and/or pipes discharging out of the project area. o Topographic survey relative to driveways, driveway culverts, significant trees within 10' of the R/W, visible utilities and improvements within the R/W. o Horizontal location of underground utilities as marked by a utility location service. Collect geotechnical information as follows: o Conduct hand auger at the location of the four proposed stormwater treatment · · '-'" Exhibit Á- Harmony Heights Phase One Page 2 of3 .."",; ponds. o Conduct two falling head permeability tests at one pond near the southern end of the project and one pond at the northern end of the project. · Conduct hydrologic and hydraulic modeling of the existing system for the 10-year/ I day storm event using the newly collected data and revising the existing model prepared during master plan development. Prepare and conduct post improvement modeling for the 10- year/l day storm event and/or the 1O-year/3 day event as necessary for permitting purposes. Design roadway drainage conveyances for the 10-year/l day event. · Conduct stormwater quality calculations as required for permitting purposes. Design traditional stormwater treatment BMPs within existing right-of-way as required by the agencies. It is assumed no stormwater treatment areas requiring County-acquisition will be necessary during this phase of the project. · Storm water quality (pollutant loads) will be modeled and estimated for the proposed improvements for select critical pollutant parameters for the existing and proposed conditions using a spreadsheet model. · Permitting: o Prepare an Environmental Resource Permit (ERP) application (construction) to be submitted concurrently with the Conceptual Phase application prepared in accord with the Master Plan. o Attend a pre-application meeting with SFWMD prior to submittal of the ERP to ensure all information appears in line for a substantially complete application. o Submit the ERP application and respond to up to three rounds of agency comments as needed to cause the applications to be considered "complete" for processing by the agencies (SFWMD and FPFWCD). o This project is not anticipated to impact wetlands nor do any wetlands appear significantly close to proposed activities based on review of aerial photography. We have assumed wetlands or their buffers are not so close to project activities that survey work is required. We have assumed wetlands can be shown on aerial photographs as lines, without survey coordinates. · Preparation of drainage and roadway plans for (30%, 60% and 100%) three reviews and approval by St. Lucie County. The plans will consist of the following: o Key Sheet o Typical Cross Section Sheet o Plan and Profile Sheets o Drainage Detail Sheet( s) o Construction Notes · Preparation of summary of quantities. · Project Progress Reports- Monthly status reports will be provided to St. Lucie County. It is anticipated that the final deliverables will include the following: . SFWMD Conceptual Environmental Resource Permit Applications for the Master Plan,and a Construction Permit for Phase One. . FPFWCD Permit Application. "'" 'wJI Exhibit A- Harmony Heights Phase One Page 3 of 3 · Design plans and estimated quantities. Items Specifically not Included in the Scope of Work and associated budget include: · FEMA Map Revisions Agency Permit Application Fees Easement Negotiations/Agreements Boundary, RIW Survey Ground Water Modeling Contamination Assessments Wetland Delineation (Minimum Survey standards) or Impacts Assessment Construction Related Services · · · · · · · V. Information Provided by St. Lucie County St. Lucie County will provide plat maps, as-built plans of known improvements in the project area, drainage maps, GIS coverages of parcel data, topographic information and other similar County information to supplement information collected during the Master Plan development. VI. Period of Service BCI will provide the services for the above scope upon receiving a notice to proceed. The project will be completed with the final deliverable made per the attached project schedule (Exhibit C) to comply with the probable grant funding schedule. "" ...,., Exhibit B ST. LUCIE COUNTY - CONTINUING ENGINEERING SERVICES (STORMWATER) BCI LABOR COST AND EXPENSES Project Name: Work Order 4 - Harmony Heights Phase 1 Drainage/Roadway 1m St. Lucie County Project Manager: BCI Project Number: Date: Don West. P.E. W191 0666.40 1-Jul-02 (Revised) Sheet 1 of 1 ::.COst:ESTIMAtE· TASK ACTMTY LUMP SUM COST BY TASK T olal Work Order Cost 1 Project Meetings & Contract Management 2 SUlVey, SUlVey Management, Processing & Quality Assurance 3 Geotechnical (includes testing and expenses) 4 Hydrologic/Hydraulic/Quality Spreadsh9ét Modeling & Pollutant Load Estimate 5 Permitting & Pre-application Meeting with SFWMD & Permitting with FPFWCD (Phase 1) (Includes responses to agencies) 6 Phase One Plans Preparation Response to County Reviews 01 Plans (30.60,100) 7 Summary of Quantities/Specifications/Const. Cost Est. TOTAL LUMP SUM COST $75.784.80 """ '" 0- ëï '" ro (f (J o -t 3 æ. '" CD '" 0- o' '" ro (f o o c '" ~ Q ;;0 CD co c ¡¡¡ a- -< ;;0 CD < ~. z g. !11 lJ .. ~ ;;0 ~ .. 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(I) .... o 3 ::E Dl it ::!. ~ Dl a. ::E Dl '< 3 " .., o ~ 3 lD j .... CII -, -- \w AGENDA REQUEST ..." ITEM NO. C-3b DATE: July 16, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam Project Manager SUBMITTED BY(DEPT): INVESTMENT FOR THE FUTURE (Central Services) SUBJECT: Budget Amendment 02-142 SCll-1th County Stadium Concession/Restroom Bu!!ding BACKGROUND: In an effort to meet the needs of public use for programs, activities and restrooms, adequate facilities needed to be provided at the South County Stadium. Through a continuing contract, staff has worked with Edlund & Dritenbas Architects to provide drawings/revisions to accomplish these needs. Upon receipt of these, staff submitted a bid request on April 29th ,2002. A mandatory pre-bid meeting took place on May 22nd, bid opening on June 12th, and received three (3) bids. These bids came in much higher than anticipated due to many factors exceeding funds allocated for project and staff was able to make modifications to these plans (please see attached). Therefore staff would like to reject current bids and re-bid with modifications. Funds are available to assist with this project through the General Fund (001) contingency in the amount of $134,000.00 and staff is requesting to use these funds to complete this project and select the lowest bidder. FUNDS AVAIL: 316-7516-562000-79502 (buildings) 310002-7516-562000-79502 (buildings) $134,000 funds will be made avaiiabie ÜJì"üglï Budget Amendment 02-142 in 001 -751 ~·5S2~{JU-¡951.i2 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners reject current bids, re-bid with modifications and approve Budget Amendment 02-142 to use General Fund Contingency in the amount of $134,000.00. IWSS!Q~ ACTION: bCI APPROVED [] DENIED [ ] OTHER: 4-0 Comm. Coward stepped out of room. nderson ty Administrator County Attorney: ~ Originating Depl" \ ___ Purchasing Mgr.: n J.4L.. -- Other: Other: Finance: (Check for Copy only, if Applicable) Eff.1/97 H:\Agenda-S.County Stadium.wpd " "" 'will DEPARTMENT OF CENTRAL SERVICES MEMORANDUM TO: Board of County Commissioners FROM: Don McLam, Projects Manager~~~ DATE: July 12, 2002 SUBJECT: South County Regional Stadium - Restroom/Concession ***************************************************************** Central Services presented to the Board of County Commissioners (BOCC) on July 2, 2002 agenda request C-3b. That agenda was pulled and the BOCC requested that Central Services look at reducing the cost of the project. On July 9, 2002 at Budget Review the BOCC was presented with modification that could occur within this project without effecting the quality of the structure and reduce the cost by at least $66,000.00. construction Modification: Reduce stalls from 38 to 22, Use FRP in concession only Use porcelain fixture Galvanized roll down shutters Build counter top in house Increase construction time from 60 to 120 days The Restroom/Concession planned for South County Regional Stadium has six different sections. It is difficult to break out a cost for each sections, but using the modified price of $108.00 psf the restroom section would be $259,00.00, with the other sections costing a total of $145,000.00. First; the restroom is 50 I x toilets, 6 urinals, 18 sinks, fountains and 4 pay phones. 48' (2,400 sq.ft.), 16 2 baby stations,8 water Second; the concession area is 12' x 33' & 6' x 9' (450 sq. ft.), triple sink, hand sink, five roll up shutters, .. '-". electr1c and 60'of -counter. "-" Third¡ the storage area is 8' x 17' (136 sq.ft.) 140' of shelving. Fourth; the janitor closet is 8'x 8' (64 sq.ft.) mop basin, 50' shelving. Fifth¡ the porch area is 7' x 89' (623 sq. ft.). sixth¡ the patio and walkway is 2,820 square feet. Central Services request BOCC approval of the attached Agenda Request C-3B for July 16th. CC/Doug Anderson, County Administrator Robert Bradshaw, Assistant County Administrator Roger Shinn, Central Services Director .. BUDGET AMENoiietrt _bEST -FOiM- REQUESTING DEPARTMENT: OMBlCENTRAL SVCS-SPEC PROJECTS PREPARED DATE: 07/10102 AGENDA DATE: 07/16/02 TO: 001-7516-562000-79502 BUILDING $134 000 FROM: 001-9910-599100-800 $134 000 " REASON FOR BUDGET AMENDMENT: TO COVER ADDITIONAL PROJECT COSTS FOR THE SOUTH COUNTY REGIONAL STADIUM CONCESSION/RESTROOM BUILDING PROJECT. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $616,385 $134,000 $482,385 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT iI: DOCUMENT iI & INPUT BY: fhJ 02·142 G:\Budget\QUA TTRO\GENERAL\FORMS\AMENDM02.wb3 .. DEPARTMENT Approved Budget BA02-125 BA02-131 BA02-132 BA02-136 Public Saf BA02-140 BA02-139 BA02-141 Proposed action: BA02-142 "" 'wi FISCAL YEAR 2,Ø'I-2002 FUNDS APPROVED FRÔiçaNnNGENCY GENERAL FUND AMOUNT REMAINING: $482,385 ITEM ACCOUNT # Contingency 001-9910-599100-800 Reserved for Supervisor of Elections Supervisor of Elect. Loan Payoff to Suntrust Bank Tourism Recovery Plan in Partnership with FLAUSA AS400 Public Safety Software Upgrade Reimbursement of expenses for the AMISTAD Sailing Ship Risk ManagemenUSafety Equipment Request #02-177 Defibrillators Electrical system upgrade at the Ft Pierce Amphitheater County Coalition for Resp Mgt of Lake Okee... Preliminary Engineering Services - Indian River Estates MSBU SOE Voting Equipment (additional) SLC Chamber of Commerce (Camp Everglades Restoration Plan) SOE Voting Equipment (additional) 4-H Organization Educational Activities Mobile Command Post Purchase of Portable Bleachers by Parks (EQ02-229) Increase in Summer Programs Total used: Balance Available So County Stadium Concession/Restroom Balance Available After Proposed Action: G:\Budget\QUA TTRO\GENERAL\FORMS\AMENDM02.wb3 AMOUNT .QAIg 1,101,452 $107,452 10/01 $5,648 1 0/09 $109,931 11/20 $18,000 12/18 9,554 G il22 9,450 01/22 6,000 02/05/02 $1,000 02/12/02 $100,000 02/19/02 5,348 03/12/02 20,000 04/17102 $27,684 05/07/02 $500 OS/28/02 $20,000 06/25/02 $40,000 06/25/02 $10,500 06/25/02 491,067 616,385 $134,000 482,385 07/16/02 ~ . ClJ 0.. ,C) I~ '. ''0 ø . E o .c E ClJ ..... U ~ c: o o . .. '-' "wII " AGENDA REQUEST -.,I ITEM NO.C~ DATE: July 16, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: Daniel McIntyre County Attorney Revocable License Agreement - Tropicana Products, Inc. Install natural gas line in Glades Cut-Off Road Right-of-Way Tropicana Products, Inc. has requested a license agreement to install a natural gas line along Glades Cut-Off Road. The appropriate departments approved the installation of the natural gas line contingent to the natural gas line being placed to the outer edge of Glades Cut-Off Road. N/A None Staff recommends that the Board approve the attached Revocable License Agreement with Tropicana Products, Inc., authorize the Chairman to execute the agreement and direct Tropicana Products, Inc. to record the agreement in the Public Records of St. Lucie County, Florida. [~APPROVED [] DENIED [ ] OTHER: 4-0 Cornm. Coward absent stepped out of room. [X] County Attorney:~ ] Originating Dept: Review and Approvals [ ] Management & Budget: [X] Engineering~~ [X] Public WorkS~ [X] Road & Bridge ~ y G:\ACQ\WP\Janet\Licenseagree\ Trapicana Gas Line Agenda.doc <:;$;4,. . '-' """ - 35 32 ~ ; ~ ~. 3 1ol1llW'Y 10 -3 00' O· 3000' 6000 18 ~ GRAPHIC SCALE \w- "wIi REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered into, this day of July, 2002, by and between ST. LUCIE COUNTY, a political subdivision of the state of Florida (the UCOUNTYff), and TROPICANA PRODUCTS, INC., a Delaware corporation, authorized to do business in the state of Florida, P. O. Box 338, Bradenton, Florida 34206, ("TROPICANA") . WHEREAS, the COUNTY is the owner of certain right-of-way described as Glades Cut-off Road lying within st. Lucie County; and, WHEREAS, TROPICANA intends to construct, own, and operate a natural gas pipeline from its Fort Pierce citrus processing facility to Florida Gas Transmission's high-pressure pipeline at the intersection of the Florida Turnpike and Glades Cut-off Road; and, WHEREAS, the project includes design, construction, and start-up of approximately 2,300 feet of four (4) inch steel pipe for a natural gas pipeline, a natural gas meter set assembly, a separate regulator set at the terminus of the new pipeline, and a tie-in with an existing natural gas house line serving TROPICANA's citrus processing plant in St. Lucie County. The project will require a directional bore under the Florida Turnpike and two paved roads, as well as a crossing under a railroad spur; and, "" ...." WHEREAS, TROPlCANA has requested that it be allowed to install for a distance of approximately eight hundred (800) feet +/- the four (4) inch steel natural gas pipeline in the outer edge of Glades Cut-off Road right-of-way as shown on Exhibit "A," attached hereto and incorporated herein; and, WHEREAS, the COUNTY has agreed to allow the installation of the four (4) inch steel pipe natural gas pipeline in the right- of-way for eight hundred (800) feet +/- providing that the placement is at the outer edge of Glades Cut-off Road right-of- way and subj ect to the terms and conditions set forth in the Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The COUNTY grants TROPlCANA a limited revocable license for the purpose of installing and maintaining approximately eight hundred (800) feet +/- of four (4) inch steel natural gas pipeline at the outer edge of and encroaching on COUNTY's right- of-way for Glades Cut-off Road (ROW) in accordance with and to the extent depicted on Exhibit "A," attached hereto and incorporated herein. The actual location will be as close to the outer edge of the right-of-way as practical under existing condi tions. This license shall extend only to the referenced natural gas pipeline and shall not extend to the construction and/or installation of any accessory structures. -2- '-' 'WI 2. This license shall be binding, at the option of TROPlCANA, on future successors and assignees of TROPICANA if TROPICANA gives notice to the COUNTY pursuant to Paragraph 6 of this Agreement. 3. The COUNTY shall have the right, at the discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at TROPICANA's expense upon ninety (90) days written notice to TROPICANA. The County Engineer may, in TROPlCANA perform certain lieu of termination, request that alterations or relocations to the natural gas pipeline at TROPlCANA's expense. However, if such al terations are not performed or not performed to the satisfaction of the County Engineer, the COUNTY shall be entitled to exercise its right to terminate this Agreement. If removal or relocation is necessary, TROPlCANA shall have an additional three (3) months within which to accomplish the permitting and removal or relocation of the natural gas pipeline. 4. The referenced natural gas pipeline shall be constructed in accordance with all applicable state and local codes or regulations and shall be maintained solely at the expense of TROPlCANA. The construction of the natural gas pipeline in the COUNTY's ROW is subject to final approval of the survey and the plans and specifications by the County Engineer, pursuant to this Agreement. Such review and approval will not be unreasonably withheld by COUNTY. -3- '-" "will 5. TROPICANA agrees to allow COUNTY employees access to the location in the right-of-way of the natural gas pipeline for legi timate and necessary COUNTY purposes as determined by the County Engineer and with appropriate notice to TROPICANA. COUNTY hereby permits TROPICANA such access to the right-of-way, as necessary pursuant to this Agreement, in order to maintain and repair the natural gas pipeline. 6. All notices, requests and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed: As to COUNTY: With Copies To: County Engineer Engineering Division 2300 Virginia Avenue 2nd Floor Fort Pierce, FL 34982 County Attorney Administration Building Annex 2300 Virginia Avenue 3rd Floor Fort Pierce, FL 34982 st. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue 3rd Floor Fort Pierce, FL 34982 As to TROPICANA: With Copies To: Thomas J. Ryan, Senior Vice President and General Counsel Tropicana Products, Inc. Post Office Box 338 Bradenton, FL 34206 Steven J. Lezman Tropicana Products, Post Office Box 338 Bradenton, FL 34206 Inc. Tropicana Products, Inc. 6500 Glades Cut-off Road -4- "" ....., Ft. Pierce, FL 34981 Alan Hardy Prather, Esquire Dye, Deitrich, Prather, Petruff & st. Paul, P. L. 1111 Third Avenue West Suite 300 Bradenton, FL 34205 or to such other address as the party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, or (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by postal authorities as not deliverable, as the case may be, if mailed. 7. TROPICANA shall indemnify and hold the COUNTY harmless from and against all claims, liabili ty, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorney's fees, of any kind or nature arising or in any way connected with the use, occupation, management or control of the ROWand natural gas pipeline by TROPlCANA or their agents, servants, employees, patrons or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during TROPlCANA's use of the ROW. 8. TROPlCANA, at its expense, if determined legally necessary by COUNTY, shall obtain and provide an appropriate payment and performance bond pursuant to Section 255.05, F.S., as -5- \r' ~ applicable, in an amount to be determined and agreed upon by COUNTY and TROPICANA. 9. TROPICANA shall promptly record this license in the official records of St. Lucie County, Florida. TROPICANA shall pay any required documentary excise recording this license. 10. This Agreement contains conditions negotiated between the taxes and the cost of the entire understanding and parties and the covenants herein contained shall bind, and the benefit inure to the respective heirs, personal representatives, successors and assigns of the parties. This Agreement shall be construed under the laws of the State of Florida and venue shall lie within st. Lucie County, Florida. Each party represents to the other party that it has legal authority to enter into this Agreement and that it has undertaken all acts necessary and appropriate to authorize the execution of this Agreement by i ts respective officers and officials. This Agreement shall be executed in duplicate originals, both of which shall be considered the original of this Agreement. This Agreement shall be effective upon the date first above given. IN WITNESS WHEREOF, the parties have caused the execution of this Agreement by their respective authorized officers and officials on the day, month and year above first written. COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: -6- "" "" IN WITNESS WHEREOF, the parties have caused the execution of this Agreement by their respective authorized officers and officials on the day, month and year above first written. COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS By: By: Chairman Clerk/Circuit Court APPROVED AS TO FORM AND CORRECTNESS By: County Attorney TROPICANA By: PRODUCTS, INC. CORPORATION ATTEST: SEAL TO FORM AND By: quire STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument day of July who are personally was acknowledged before 2002, personally and to me, this appeared respectively, known and as identification, who me or produced acknowledged to me that they -7- \..t .."" executed the same freely and voluntarily for the purposes therein expressed. WITNESS, my hand and seal at said County and State, this day and year first above written. Notary Public STATE OF FLORIDA COUNTY OF MANATEE .- ::.June.. BEFORE ME, on this Zð+'" day of ~, 2002, personally appeared Thomas J. Ryan, as Senior Vice President and General. Counsel. and Matthew A. Kane, Jr. as Assistant Secretary, respectively of TROPICANA PRODUCTS, INC., who are personally known to me, respectively, as above identified, and who acknowledged to me that they executed the same freely and voluntarily on behalf of the Corporation for the purposes therein expressed. WITNESS, my hand and seal at said County and State, this day and year first above written. ~ i...~~(c.~ NoÈary Pub ic SUSAN SEDOLA-MILLER NOTARY PUBUC, STATE OF FLORIDA MY COUM EXPIRES MAY 1S, 2008 NO. DO 088974 I:\Does\TPI\St. Lueie\Revoeable Lie. Agmt.Gasline.doc -8- . I I \..f' "J I I : I I : : I I : 1 I I I : I \ I : ¡ I ' : i I I I 1 , I I I I I I : : I I : : I I : 1 1 I I I I ' I II I I I I I ""T~. '. ¡--....·1...----' \ i . ¡ " l :i:: ¡u~~it--~hi ~.~--;+--.--~ . . s! ' 1 II ~¡ II ¡ r-----+-----1 ¡. i . l ~~..u+-----i , , , :. : '" : ~.__nl_____J I : I , : I ; II. I! ta,u.~ is ~<... . . nml!!1 IIl1idni I!I Ii t- i~ - " :¡¡ ¡ g: :; ~ W 01:' a. :;;t h .;~ ~ ..U ~ c:.... i~~ t= . as ...... .... I~ l- I g I N '0 m . .!..- .:Ii' 0 _00 r- ........ CZ e(!2 01- a=u Ll"w Ll,,"? oen .,:,en" _0>- "'a=z Uu en... we( Cu :h: CJ~ ~¡ ,,--- \.-/ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney \ SUBJECT: Deputy Sheriffs' Blanket Bond BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST ,.." ITEM NO. t -46 DATE: July 16, 2002 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney RECOMMENDATION: Staff recommends that the Board authorize the Chairman to execute the bond. COMMISSION ACTION: .... . !XI APPROVED [] DENIED [ ] OTHER: 4-0 Carom. Coward absent stepp out of room. CONCURRENCE: ou sAnderson ty Administrator County Attorney: jx' Review and Approvals Purchasi ng: Management & Budget Originating Dept. Public Works Dir: Finance: (Check for Copy only. if applicable) County Eng.: Eff. 5/96 ... i '-' ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-1019 DATE: July 8, 2002 " SUBJECT: Deputy Sheriffs' Blanket Bond BACKGROUND: Kristen Bernero, Risk Manager for the St. Lucie County Sheriff's Office, has requested that the attached Deputy Sheriff's Blanket Bond for 424 deputies be signed by the St. Lucie County Board of County Commissioners. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the Chairman to execute the bond. Respectfully submitted, DSM/ caf Attachment .'> I "" -..,., interoffice MEMORANDUM \ Date: July 1, 2002 TDJ m Œ Œ U w œ"fíll' lnJ JI.l - 3 £002 ~ To: Daniel S. Mcintyre, County Attome From: Kristen Bemero, Risk Manager· Merno#: 04.06.02 Subject: Deputy Sheriff Blanket Bond ~UNTY ATTORNEY ¡ ..·c_....,,,"'lf Attached is the Deputy Sheriffs Blanket Bond that needs to be signed by the St. Lucie County Board of Commissioners. Please contact me if you need more information. I may be reached at 462-3208. Thank you for your help in this matter. KDB/aeb attachment , cc: Chief Deputy Garry Wilson ¡. ,; ~ ~ DEPUTY SHERIFFS BLANKET BOND The Deputy Sheriffs' Blanket Bond covers sworn deputies \ for the faithful performance of their duties of the Sheriff's office. Effective July 1, 1998, Florida Statutes now indicate that the bond be provided as required by the Board of County Commissioners. Please indicate below and return to us in the self-address envelope if you wish to continue or cancel this bond. Please continue the Deputy Sheriffs Blanket Bond 0 Please cancel the Deputy Sheriffs Blanket Bond D If yes, please indicate number of deputies to be covered under the bond ß St. Lucie County Sheriff's Office Date St. Lucie County Date Board of County Commissioners AGENDA REQUEST 'WI ITEM NO. C - 5 - A DATE: July 16, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: '-" " St. Lucie County INTERNAnONAL AIRPORT 'on Florida's'TreaSure Coast TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AiIJJOrt Paul A. Phillips SUBJECT: Approve the scope of work with HNTB for $196,736 to provide professional engineering services which includes design, preparation of drawings, estimates, specifications, project bidding assistance, and construction management services for the rehabilitation of airfield lighting project at St. Lucie County International Airport. BACKGROUND: Late last year, the Airport completed the installation of airfield signage using a $500,000 Federal Aviation Administration (FAA) grant. After the signage was installed, an increased electrical load was placed on the existing airfield lighting. It became immediately apparent that the existing runway and taxiway electrical circuits could not sustain the new loads. As a result, the existing electrical circuits have become very unreliable. The Airport has spent over $15,000 on subcontractors and weeks of Airport Technician time to provide temporary solutions to the electrical circuit problems. Since the existing runway and taxiway lighting is 20 years old, the engineers have recommended that the existing direct burial airfield lighting circuits be replaced with electrical cabling in conduit. This HNTB scope of work provides design, preparation of drawings, estimates, specifications, project bidding assistance, and construction management services for the rehabilitation of airfield lighting project at the airport. FUNDS AVAILABLE IN ACCT#: Funds of $562,500 are available in rehabilitation of airfield lighting project account. (140-9910-599330-400). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the scope of work with HNTB for $196,736 to provide professional engineering services which includes design, preparation of drawings, estimates, specifications, project bidding assistance, and construction management services for the rehabilitation of airfield lighting at St. Lucie County International Airport stepped out ......- COMMISSION ACTION: IGAPPROVED [ ]DENIED Purchasing Other: ~ '-' ....I ATTACHMENT A SCOPE OF SERVICES FOR ST. LUCIE COUNTY INTERNATIONAL AIRPORT AIRFIELD LIGHTING UPGRADE PROJECT Overview The general scope is to provide professional engineering and construction management services for improvements at St. Lucie County International Airport. This work order involves investigations; design; preparation of drawings, estimates, and specifications; project bidding assistance; and construction management services for airfield lighting improvements. The work is anticipated to include upgrades to the runway and taxiway edge lights, including installation of new cable, conduit, isolation transformers, and base cans all Runways and Taxiways. Existing fixtures will salvaged and reused. Work Order 1 - Airfield Lighting Upgrade HNTB No. 33344 Scope of Services - Design Phase HNTB No. 33344 Task 1.0 - Mana!!ement and Administration Services 1. Finalize work scope, schedule, and contract. 2. Attend project review meetings with Airport and/or FAA to review project status and confirm design parameters. Prepare meeting minutes as necessary. Anticipated meetings include: I Project start-up/kick-off meeting 3 Design review meetings (50, 90, 100%) 1 Pre-bid meeting 5 Total 3. Provide in-house project coordination and administration as necessary throughout design phase of the project C:\Documents and Settingslphillipsp.OOO\Loca¡ Setlings\Temp\FPR - Lighting Scope.doc A-I Scope of Work St. Lucie~unty International Airport Airfield Lighting Upgrade Project Exhibit A - Scope of Services ...., Task 1.1 - Liehtine Assessment 1. Prepare base maps of existing airfield from aerial photos for airport authority to conduct site visit and inventory existing conditions, including: Existing airfield lighting circuits. Existing airfield fixtures, signs, equipment, ductbanks, conduit runs, handholds, vaults, etc. 2. Review information from airport authority to determine overall duct bank and circuit layout 3. Evaluate the cost of construction for duct bank and circuit cabling replacement. 4. Evaluate grant limits and provide alternates to construction bidding process to stay within limits of grant. 5. Establish phasing of new installation to maintain service during construction. 6. Summarize findings in Airfield Lighting Assessment Report with the following sections: a. Project mission statement to define airfield lighting goals and objectives, and project assumptions. b. Summary of existing conditions and demolition requirements, etc. c. Summary of construction costs and alternatives. Task 1.1 Deliverables 1. Airfield Lighting Assessment 2. Base Maps (40' Scale drawings for markups) Task 1.2 - Preliminary and Final Desien Services 1. Based on evaluations, recommendations, and preferred concepts developed under Task 1.1, prepare construction drawings, including plans, sections, and details. Documents will be submitted for review at the 50, 90 and 100 percent design stages in addition to the final bid set. An estimate of anticipated plan sheets is included in the Engineering Services Fee Estimate (Attachment B). 2. Prepare construction specifications, including bid documents, and technical provisions. Specifications will be submitted for review at the 50, 90 and 100 percent stages in addition to the final bid set. FAA standard specifications (Ae 150/5370- 10) will be used where applicable. 3. Prepare estimates of probable construction costs, to be submitted with the 50, 90, 100 percent, and final bid submittals. C:\Documents and Settingslphillipsp.OOOlLocal Settings\Temp\FPR -- Lighting Scope.doc A-2 Scope of Services St. Lucie~unty International Airport Airfield Lighting Upgrade Project Exhibit A - Scope of Services ~ 4. Distribute 50, 90, and 100% construction documents and estimates and solicit comments from the Airport, and additional stakeholders. Incorporate review comments into documents as necessary. 5. Conduct formal in-house quality review, distribute plans, details, and specifications to other HNTB professionals not regularly involved in the design for this project for review and comment. . 6. Prepare final bid documents, including plans, specifications, and Engineer's Estimate that incorporate comments from preliminary submittals (50, 90, & 100%). Full-size and half-size drawings to be prepared. Fifteen (15) sets of final plans and specifications to be delivered to St. Lucie County International Airport for advertisement and distribution to interested bidders. Task 1.2 Deliverables 1. 50-Percent Submittal: drawings and cost estimate. Four copies provided for review by the Airport. 2. 90-Percent Submittal: drawings, specifications, and cost estimate. Four copies provided for review by the Airport. 3. 100-Percent Submittal: drawings, specifications, and cost estimate. Four copies to be provided for review by the Airport and stakeholders. 4. Final Bid Documents. Final full size bidding drawings, specifications, bound and delivered to St. Lucie County International Airport for distribution to interested bidders. Final bid documents will have alternate bid items. 5. Final cost estimate to be provided to the airport. Provide 15 sets construction documents. Task 1.3 - Biddine: and Award Services 1. Provide assistance and respond to contractor questions during bid period. 2. Attend pre-bid meeting and conduct a project walk-through if requested. 3. Prepare addenda if necessary (assume one for budgeting purposes). Scope of Services - Construction Phase HNTB No. 33344 Task 1.4 - Construction Support Services 1. Attend pre-construction conference with Contractor and Airport. Prepare and distribute meeting minutes. C:\Documents and SettingslphiJIipsp.OOOlLocal Settings\TempIFPR -- Lighting Scope.doc A-3 Scope of Services · S1. Lucie~unty International Airport Airfield Lighting Upgrade Project Exhibit A - Scope of Services ~ 2. Review Contractor submittals, shop drawings, samples, test data, etc. for conformance with the contract documents or industry standards. HNTB's review of submittals and shop drawings will be in accordance with normal industry practices. A preliminary list of submittals anticipated for the project is as follows: Contractor's schedule Contractor's staging and phasing plan Conduit materials Cable and connection materials Base can, and transformer materials Trench backfill materials HNTB's review will not address the contractor's proposed means and methods of construction, safety procedures, e1. 3. Conduct site inspection to review the progress of construction and to address on-site construction questions and issues. It is assumed that one representative ofHNTB from the Orlando office will be on site for normal inspection and a representative from the Seattle office will visit once each week to verify contractors installation practices over the course of construction. The construction contract duration is anticipated to be approximately eight (8) weeks for basic bid. Alternatives will be negotiated on a time and material basis ifthey exceed the 8 weeks. 4. Following each visit, HNTB will prepare a brief written record of the visit and provide a copy to the Airport. 5. Respond to Contractor questions and Requests for Infonnation during construction. 6. Prepare construction change orders as a result of additional work or changed work at the request of the Airport. One change order is assumed for budgeting purposes. Change orders necessary as a result of insufficient drawings or specifications will be prepared at HNTB' s expense. 7. Conduct inspections, including: Conduit installation & grounding Cable installation, connections & testing Light fixture, base can, and transformer installation 8. Conduct final walk-through inspection and prepare punch-list of construction items to be complete prior to acceptance. 9. Prepare "as-constructed" record drawings based on "red-line" drawings maintained by the Contractor and any change orders approved during construction. Both paper and electronic copies (AutoCAD) will be submitted to the Airport. C:\Documents and Settingslphillipsp.OOOlLocal Settings\Temp\FPR - Lighting Scope.doc A-4 Scope of Services St. Lucie~unty International Airport Airfield Lighting Upgrade Project Exhibit A - Scope of Services ...,¡ Work Order 1 - Assumptions 1. Items to be provided by St. Lucie County International Airport: a. Markup of base mapping/aerial topography for airfield lighting circuitry, and ducts between each of these facilities (to the best of their ability). b. Utility drawings, as available, indicating location of underground utilities (FAA cables, fuel, etc.) within the limits of construction of this project if available. c. Preferred CAD standards, if any, for electronic deliverables. d. General and special conditions (boilerplate) specifications to be used with technical specifications. 2. The following programs will be utilized for drawing and document production: AutoCAD 2000i MS Word 97 MS Excel 97 MS Project 98 3. All project de1iverables will be submitted in both hard (paper) versions and electronic versions. Four copies of hard versions will be provided unless otherwise specified. Electronic versions will be submitted in the applicable formats listed above. 4. Project layout, improvements will be in accordance with FAA Advisory Circulars, including AC 150/5300-13 and 150/5340-24. 5. All electrical design will be in conformance with local codes, and the National Electrical Code (NEC). 6. Asphalt or concrete patches, if necessary for duct installation, will match existing surrounding pavement section. No pavement designs will be completed for this project. 7. Advertising costs for project bidding will be paid for by the Airport. 8. Plan check review fees assessed by the County, if any, will be paid for by the Airport. 9. St. Lucie County International Airport distribute bid documents, plans, and addenda, and maintain plan holder's list during bidding period. END OF SCOPE OF SERVICES C:\Documents and Settingslphillipsp.OOOlLocaJ Settings\Temp\FPR -- Lighting Scope.doc A-5 Scope of Services Dale: 718r.!OO2 Page: 1 of 2 "'" ATTACHMENT B .., PROFESSIONAL ENGINEERING SERVICES FEE ESTIMATE 7 CLIENT: St. Lucie County Intemalioal Airport PROJECT: Airfield Lighting Upgrade Project Wor1< Order - Airfield Lighting Upgrade Design HNTB PROJECT NO.: 33344 Description Principal Project Clvll Sr. Elect. Electrical CAD Clerical Total Total Manager Engineer Engr. Engr. Technician Support Hours $156.00 $136.50 Not Used $128.00 $96.00 $80.00 $43.00 Ta.k 1.0 Managem.nt and Administration 1 Finalize wor1< scope. schedule. contract 16 40 56 $7.956 2 Project Review Meetings (6 @ 16 hrs) 96 96 $13.104 3 Project Coordination and Adminis1ration 16 80 96 $13,416 Subtotal Ta.k 1.0 32 216 0 0 0 0 0 248 $34,476 T..k 1.1 Lighting AI....m.nt and R.port 1 Site drawing Inventory 2 4 6 $765 2 Prepare Base Maps (airfield drawings) 4 4 16 24 $2,018 3 Review Client Mar1<ups 2 2 4 8 $913 4 Prepare Estimates of Probable Construction Cost 4 4 16 24 52,594 5 Evaluate Grant limits. Provide A1temates 2 6 12 2 22 $2.279 6 Establish Phasing 4 8 16 28 $2,240 Subtotal Ta.k 1.1 0 14 0 24 40 32 2 112 $10.629 Ta.k 1.2 Pr.llmlnary and Final O.slgn 1 Drawing Preparation: 2 Cover Sheet 4 4 $240 3 Site Plan 4 8 12 $992 4 Construction Phasing. Safety, & Access Plan 4 8 12 24 $2,000 5 Symbols and Abbreviations 6 8 8 24 $2,340 6 General Sheet Notes 4 4 8 16 $1,376 7 A1temate bid plans 8 8 2 12 30 $3.028 8 Airfield Lighting Layout Plan (21 sheets @ 1 "=40') 42 63 126 168 399 $35.973 9 Airfield Lighting Details (2 sheets) 8 4 8 16 36 $3.332 10 Ouct Bank Details 4 8 12 24 $2.000 11 Prepare Specffications, Bid Docs. ele. 16 16 32 12 76 $7,820 12 Distribute Plans. Solicit & I ncorporate Comments 16 24 8 16 4 68 $7,156 13 HNTB Quality Review (Part of item 1.2.12) 0 $0 14 Prepare Final Bid Documents ( 15 sets) 8 4 8 12 32 $3.092 Subtotal Task 1.2 0 106 0 135 212 276 18 745 $69.349 Task 1.3 Bidding and Awanl Services 1 Respond to Bidder Questions 8 4 16 28 $3.140 2 Attend Pre-bid Meeting 16 6 22 $2.952 3 Prepare Addenda (one assumed) 8 4 8 2 22 $2.458 Subtotal Task 1.3 0 32 0 14 24 0 2 72 $8,550 Ta.k 1.4 Construction Support S.rvlcee 1 Attend Pre-conslruction Conference (included in sile inspection) 0 $0 2 Review Contractor Submittals 8 16 4 26 $2.732 3 Conduct Site Inspection (40 hours @ 8 weeks) 126 192 320 $34.816 4 Respond to RFl's During Construction 16 32 48 $5,120 5 Prepare Cons1r. Change Orders (one assumed) 8 16 4 28 $3.312 7 Prepare "As-Constructed" Drawings 16 4 16 40 76 $6.632 Subtotal Task 1.4 0 24 0 172 256 40 8 500 $52,612 TOTAL LABOR 32 392 0 345 532 348 28 1677 $175,816 EXPENSES I Item Quantity Unil Unit Cost Total Miscellaneous Expenses Photocopy 500 Pages $0.06 $30 Drawing Reproduction (final- 15 sets x 30 sheets ea.) 450 Sheets $1.00 $450 Document Prinling (including specifications) 15 Sets $50.00 $750 Telephone 1 $200.00 $200 Miscellaneous Supplies 1 $500 00 $500 Subtotal Misc. Expenses $1,930 TraveWehicle Expenses Employee Vehicle Travel, Design (6 md. Trips@ 200 MI) 1200 Miles $0.37 $436 Employee Vehicle Travel. Construction (24 md. Trips@ 200 MI) 4800 Miles $0.37 $1,752 Employee Out oflown Travel (14 Trips) (subject 10 greaterlhan 7 day notice) 14 $1.200.00 $16.800 Subtotal TraveWehicle Expenses $18.990 ENGFl_FEE \..r' ..."I " S1. lucie County INTERNATIONAL A on Flórirìa's~treasíi':lCoaSt AGENDA REQUEST ITEM NO. C-5 - B DATE: July 16,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul Phillips SUBJECT: Approve the R. A. Reymann, Inc final pay request and authorize the release of retainage for the Phase 1 Security Fencing project at St. Lucie County International Airport for a total project amount of$143,560. BACKGROUND: In January 2002, the phase 1 of the security fencing project at the airport was awarded to the low bidder R.A. Reymann, Inc. This project included the installation of security fencing and electrical gates along Curtis King Boulevard. The bid was awarded to R.A. Reymann in the amount of$143,560. This final pay request is for the release of the retainage for the project. FUNDS AVAILABLE IN ACCT#: Funds are available in airport security fencing account. (140321- 4220-563000-400) PREVIOUS ACTION: In December 2001, the Board approved the bids for the project. RECOMMENDATION: Staffrecommends that the Board of County Commissioners approve the R.A. Reymann, Inc final pay request and authorize the release of retainage for the Phase 1 Security Fencing project at St. Lucie County International Airport for a total project amount of$143,560. COMMISSION ACTION: [,¡APPROVED [ ]DENIED ~THER: 4-0 Carom. Coward absent stepped out of room. Reviews & Approvals County Attorney: . Originating Dept: Finance:(Check fo Copy NCE: Purchasing Other: RAREYMANN 07/02/2002 15:18 15615759673 j -I ~ ~"mrn .ict~ ~ J!fæ I ~ - - ~~ ~::¡ 0" II r\ ~ r ~j-cÐ ~ö~ ð :;; ~ ....c~ a.æ ~~Œ ~ !z ~J ue ~~ Ði ~ ~ i~ :IE i A:: o "" w ~ o ¡¡: i § I- i II! ~ J E I I- .. _DS...G: "ill!. <Jut ~~ ~g T~ 'œI"'<;plI"~ e .... 1 I "'"'0_ l ..........~ . ~ '¥II G Ii --2.. cr ~ - II ~ !j ì ... ! Ii ~ '" f ~ g I Ii! ~ ~ I- Z 8 § J.~ Ji~ .. I ... I!i tit .J - ,., ï: D . 5 Ñ " a D 0 o ' ~ lC Cl z w ~ 1-1 ZI UI_ ~~ ~ >- J j~ -< I ~ v Q. ~~ I:t: "~~ 01 . I 'r~ "" ~. . . ....." 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SWill ~ ! ! 0 fi & ~ In ~ l:: ~ ~j >- ~ I ,S J t I i& I~ :I a:: .. J' ~ it f; ß l!i 1 i w it ~ " 5 ~ I) ~ !ž w ! ~ ~ ~ ~ c ~ ~; Qi Ii iti ClJ !i . W I: a~ 8 ~ ~~ '-'" AGENDA REQUEST ...." ITEM NO. C-6A- DATE: July 16, 2002 REGULAR [ ] PUBLIC HEARING [ CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Fort Pierce Harbor Advisory Committee BACKGROUND: Commissioner Lewis would like to appoint Mary A. Chapman to the Fort Pierce Harbor Advisory Committee. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Consider staff recommendation to ratify Commissioner Lewis' appointment of Mary Chapman to the Fort Pierce Harbor Advisory Committee. (X] APPROVED [ ] DENIED [ ] OTHER: 4-0 Carom. Coward absent stepped out of room. COMMISSION ACTION: CE: Review and Approvals C;JlJJ1ty i\-:::torncy: Management & 3udget Purchasing: O!iYlrLat~ng Dept. Other: Other: Firance: (Check fo~ Copy only, if applicable) Eft. 5/96 \..o- 'Licensed In D.C. Phone/Fax: (772) 465-2001 chapgm@aol.com ~ ...", (jIlt? MARY A. CHAPMAN Attorney at Law' 5051 N. A1A #12-1 N. Hulchinson Is., FL 34949 cØ'1 J (){\ to{]fJ ~uJ 6 ~ tornrfl ' ...... AGENDA REQUEST ..., ITEM NO. C-6b DATE: July 16, 2002 REGULAR [ ] PUBLIC HEARING [ ] SUBJECT: Budget Amendment No. 02-146 and Equipment R est No. EQ02-233 I Media Equipment, BOCC Commission Chambers & Conference Room 3 TO: BOARD OF COUNTY COMMISSIONERS SUB~lITTED BY(DEPT): Administration BACKGROUND: St. Lucie County obtained $120,000 through cable franchise fees for the purchase of equipment to broadcast the Board of C:::ounty Commission meetings. It is important to enhance our current facilities to accommodate the technology requirements and to present the best possible public image. An additional $70,000 is being requested to complete this task in the County Commission Chambers and Conference Room #3. $40,000 is being requested for the purchase of equipment and $30,000 is being requested to re-paint, carpet, make minor room alterations including a new staff desk and presentation area. FUNDS WILL BE MADE AVAILABLE: 315-1930-564000-1608 Machinery & Equipment 315-1930-563000-1608 Imp Ol'/Bldg PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of Budget Amendment No. BA02-146 and Equipment Request No.EQ02-233 for the upgrades to the County Commission Chambers and Conference Room #3, and approve the allocation of $70,000 to complete the project. - [X] APPROVED [ ] DENIED [ ] OTHER: 4-0 Cornrn. Coward absent Stepped out of room. COMMISSION ACTION: E: Dou Anderson County Administrator Review and Aoorova'MMt""'5l Þ:anagement & BUdge~ ~I Other: Purchasing: COL':::~." .~.::torney: Oc:;:~at:~g Dept. Other: Fi~öë_ce: (Check for Copy only, if applicable) Eff. 5/96 .... '-' ...., BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: County Administration PREPARED DATE: 07/10/02 AGENDA DATE: 07/16/02 TO: 315-1930-564000-1608 Machine $40 000 FROM: 315-1930-546200-150097 Maintenance 1m rovement Pro'ect $40,000 REASON FOR BUDGET AMENDMENT To urchase re lacement Chairs and additional Video E ui ment for Commission Chambers. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ,dfpI 02-146 G:\Budaet\QUA TTRO\GENERAL\FORMS\AMENDM02.wb3 to.. J m ~ OJ ~ : c c 0 is <: m c: en c: ;: (ij " ;; :::! "(i) ;; » 'TI )~ Õ ;:c 31: Õ 31: è. ~ -l m m 31: Z ~ Z ~,- m -l Õ ,31: ::I Z ;:c ,,0 ::I m ~ c: ~ ;jZ 'J ::I j: " , III C)en -I ¡iï tT :b .,,;~ :$ " C) 0 o ¡¡ ~ tTa::) .....~ ~ Q; " 0 2 3 tb tb III III tb ~ 3 ::) ~ S· Q. Q. ;;, g 0 " I (Q~~ fß1 "'. 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'..' 01 , ~ .' .:'~ . ~:. ,,' r 1~ ~ :~ ~ .~ ."" '-''' i .", :.; ';~ 'I ,,~ :~ -Eß ~ o ... o o o .¡:.. r+ :J D) (Q :-:-CD :J o '< '-'" ,..", ¡'~en ... QO 0 CD m s::: ~ 0 :J CD 0 C. ;:tI0QO o » o ... c. 3 (þ -. =It ~ en w "'C - Q) '< CD -Eß-Eß.Q s::: CJ1 co -. .. .. "'C 003 00 oOCD :J r-I' ag.23~ 3 -. tJ) 0 o..r-r - 0 r-I' H CD ::::s Q) -. c. .., (t) ::::s ,,.. = 0 Q) CD VI ::::s..... "'C :::0 r-I' -- ::::s CD Q) 00 CDO C-O o:r O~"'CD 3Q) CD::::S 0 ::;. tJ) CD 0 =1t tJ) tJ) c Q) Q) (,,) -h Q) < c..., o ~en~-g .., Er en ..... rn CD ~ ..... ~ _UtI _~ ~ ~o ~C.Ø3 ~('") r-I'CD.Q ('") .., en s::: -. o ~ -. S ('") 2. -c ø .., :r 0.., 3 .., Q) tJ) CD CD 0 3 ;:~:J 0 C'" 0::::S ct3 ~ oEr Q) tJ) ~ r-I' - I -. ..... - s::: 0 CD ~ "'C:J CJ -- Q) ~ -Eß -En Q) -En "'CD -Eß 0 ~ ..,)¡,::::s W :J W CJ1c. ~ Q) oen ~ '-- ~ .-.. o 0 0 0..... o 0 0 00 o 0 0 0 . . '-" ...." AGENDA REQUEST ITEM NO. C- 'let DATE: July 16, 2002 REGULAR [] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 PRESENTED BY: ~~&.1'~~ (Don West, P. . County Engineer SUBJECT: Approval of Change Order No.1 in the amount of $(2145.00) for construction of Cortez Boulevard and South 29th Street Culvert Replacement. BACKGROUND: On January 22,2002 the Board awarded the contract for Cortez Boulevard and South 29th Street Culvert Replacement to Lucas Marine Construction, Inc. in the amount of $126,650.00. The scope of work for this project has changed due to unforeseen conditions. Due to on-going erosion, extra Rip Rap Rubble was needed to fill the scoured area in the canal bottom. In addition, three bid items quantities were reduced resulting in an overall decrease. FUNDS AVAILABLE: Fundsan'i be made available in Fund No. 31600141131-·599330-43016 (Transportation Capital/Local Option Culvert Replacement). PREVIOUS ACTION: The Board awarded the construction contract on January 22,2002 in the amount of $126,650.00. RECOMMENDATION: Staff recommends the Board approve Change Order No.1 in the amount of $(2145.00) with Lucas Marine Construction, Inc. This will reduce the total project budget for Cortez Boulevard and South 29th Street Culvert Replacement to $124,505.00 COMMISSION ACTION: [*"APPROVED [] DENIED [T OTHER 4-0 Carom. Coward absent 0 derson stepPEt1ì out of room. Co nty dministrator [x] County Attorney ¡/ J' [x] Mgt. & Budget ~ ['1 Purchasing [x] Originating Dept. Public Works fA'/ [x] Project. Man. Q,1.h [x] Budget & Rev. Coer. \¥,Pr,^, [] Finance (Check for copy only, if applicable) ",..,.- 'ô'"" ~. ~ .;-;~..., rõJ Œ ® Œ ~ Wi Œ rn lJü JlJN - 3 aJ02 & CHANGE ORDER ST. LUCIE COUNTY PROJECT: CORTEZ BLVD. @ 29TH ST. CULVERT REPLACEMENT (name, address) ENGINEERING CHANGE ORDER NUMBER: 1 INITIATION DATE: 5128/02 TO (Contractor): CONSULTANT'S PROJECT NO.:· N/A ST. LUCIE COUNTY CONTRACT NO: C02-01-259 Lucas Marine Construction, Inc. POBox 8407 Hobe Sound, FL 33475 CONTRACT DATE: 01122/02 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) See Attached The original (Contract Sum) was .............................................................. $126,650.00 Net change by previous authorized Change orders ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ -0- The (Contract Sum) prior to this Change Order was ............................................... $126,650.00 The (Contract Sum) will be (decreased) by this Change Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $(2,145.00) The new (Contract Sum) including this Change Order will be ....................................... $124,505.00 The Contract Time will be (unchanged) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 5/6/02 Funds Available: Account Number 316001-41131-599330-43016 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non- affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract,. and thatContractor 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. By: Chester Belcher, Project Mgr. _ Agreed To: Lucas Marine Construction. Inc. Contractor Pierce, FL 34982 By: Date ~IIGba..S~ FL 33475 sf-:r¡bðL By: I ate Approved as to Form and Correctness County Attorney Projecl:" C<\.......Z Avenue ar ,~.... CttANGE ORDE~1 Contractor Lucas Notice to Procel February 25, 2002 Additional Time' /./ / Com lete Ma 6, 2002 Unit Price $715.00 $1,112.00 $61.00 $206.00 $167.00 . NSLRWCD Canal 29 o --.- .- --'.. . - -- c-¡r.·----------··~~-~~---l~--lr--· - .~-~ L ""' , . " -. ".,_.?.,.,.~._,--~- . '" .- .- .. .. . ";.,tô¡- <.'<-.~-'<~.~Y~'..~......"."~'l.+".·..~ -._.,- . ~ :1 ~~,., "".~.~. 7'~~'/¡ ~ ".:.-.....~ ....~. ~-; '.\:,' <nh~-" . 'I .'~ .. >. '. , ,.t ~ -t',- j ~'-~H_·::""'~l.'-:-'" ,;r.'.¡'~'._ 0..4 ~~u 101-1-1A 1 06-5 430-11-325 430-11-343 530-3-4 Remobilization I Redemobilization LS 12" Stabilized Subgrade LS 18" Reinforced Concrete Pipe LF 60" Reinforced Concrete Pipe LF Rock Rubble Riprap SY 1.000 (1.000) (2.000) (16.000) 10.000 - : '."""" Total Price $715.00 ($1,112.00) ($122.00) ($3.296.00) $1,670.00 Page 1 of _ Total """ AGENDA REQUEST """" ITEM NO. C·- 1L DATE: July 16, 2002 REGULAR [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 PRESENTED BY: J~~ SUBJECT: Second Amendment to the Consultant Agreement with Warner Global Consulting, Inc. for Professional Engineering Services BACKGROUND: On December 18, 2001, the Board approved the consultant agreement with Warner Global Consulting, Inc., to provide civil engineering and project management services for 20 hours each week. Because of the increase and magnitude of our current capital projects, we would like to amend the contract for up to 40 hours each week for an additional 16 weeks on an as needed basis. The attached second amendment outlines the terms of the agreement for a total not to exceed $63,621.60. FUNDS AVAIL.: Funds are available in Trans TrusUlmpact 101006-4116-563005-4108. PREVIOUS ACTION: n/a 12/18/01 - Board approved the consultant agreement. 3/5/02 - Board approved the first amendment in the amount of $12,118.40. RECOMMENDATION: Staff recommends approval of the Second Amendment to the Consultant Agreement with Warner Global Consulting Services, Inc., for civil engineering and project management and authorization for the Chairman to sign. .COMMISSION ACTION: 1XI APPROVED [ ] DENIED [ ] OTHER: 4-0 Carom. Coward absent stepped out of room. [~JCounty Attorney Jy [~]Originating Dept. Public Works 1fPv-.J Coordination/SiQnatures [x]Mgt. & Budget 'þtI) (Om bJ [X]Co.Eng~ [~]Revnue Coord ßfll'\ [IOther [ ¡Finance (check for copy only. if applicable) warnerglabal4.ag ..,.,. ..",., SECOND AMENDMENT TO CONTRACT THIS SECOND AMENDMENT, made and entered into this day of 2002, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and WARNER GLOBAL CONSULTING, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONSULTANT". WHEREAS, on December, 18, 2001, the parties entered into a Contract (the "Original Contract") wherein the Consultant agreed to provide general civil engineering and project management services; and WHEREAS, on March 5, 2002, the parties entered into a First Amendment to the Original Contract to provide for the Consultant to perform certain additional services not contemplated by the Original Contract; and, WHEREAS, due to the number of capital projects currently being undertaken by the County, the parties have determined that it is necessary to further amend the Original Contract to provide for the Consultant to provide up to forty (40) hours per week for an additional sixteen (16) weeks on an as needed basis. NOW THEREFORE, in consideration of the benefits accruing to each party, the parties agree to amend the Original Contract as follows: 1. Paragraph 2 of the Original Contract is hereby amended to read as follows: 2. SCOPE OF WORK The scope of work to be performed by the Consultant under this Agreement is to provide the County with general civil engineering and project management services twenty (20) hours per week during the term of this Agreement, with the exception that the Consultant may provide services for up to forty (40) hours each week for no more than thirty-two (32) weeks during the term of this Agreement. The County agrees to allow the Consultant to use office facilities in the County Administration building as determined by the County during the term of this Agreement. 2. Paragraph 5 of the Original Contract is hereby amended to read as follows: 5. TIME OF PERFORMANCE During the term of this Agreement, the Consultant shall provide the County services for twenty (20) hours per week, with the exception that the Consultant may provide services for up to forty (40) hours each week for no -1- "" ~ Agenda Request Item Number Date: é-~ July 16, 2002 Consent Regular Public Hearing leg. [ ] [ X ] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners 1\11t:d By elopment irector Request authorization to submit a Florida Communities Trust Grant lication for the purchase lands within the Ancient Oaks Addition Project on behalf of he County Commission. Community Development SUBJECT: BACKGROUND: The proposed grant application requests 50% funding ($200,000) towards the purchase of 17 acres adjoining the existing 48-acre Ancient Oaks project in White City (See Attached Map). The remaining 50% ($200,00) of the estimated $400,000 project costs will be provided from the Environmentally Significant Lands Fund. On June 20, 2002, the County's Land Acquisition Selection Committee ranked the two parcels within the proposed project as "A" sites and recommended a Florida Communities Trust Application be submitted to obtain matching funds for the acquisition. FUNDS AVAilABLE: Funds will be made available in the Environmental Lands Bond Fund (382-3915- 31010-561000). On June 5, 2001, this Board authorized submission of the Ancient Oaks FCT project application. PREVIOUS ACTION: RECOMMENDATION: On May 14, 2001, SI. Lucie County purchased the-48 acres within the existing Ancient Oaks project. Approve the Florida Communities Trust Grant Application for the Ancient Oaks Addition project and authorize the County Administrator to sign and transmit the application on behalf of the County Commission. Douglas M. Anderson County Administrator r--¥-, COMMISSION ACTION: ~ APPROVED 0 DENIED o OTHER 4-0 Carom. Coward absent stepped out of room. ý Coordination! Signatures Mgt. & Budget: Other: Purchasing: Env. Resources: ~~ (AGEND595a) County Attomey Originating Dept.: Finance: '\.r' ..", COUNTY COMMISSION REVIEW: July 16, 2002 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: July 8, 2002 Subject: Request authorization to submit a Florida Communities Trust Grant Application for the purchase lands within the Ancient Oaks Addition Project on behalf of the County Commission. The proposed project is a 17 -acre addition to the existing 48-acre Ancient Oaks Florida Communities Trust project in White City (See Attached Map). On June 20,2002, the Land Acquisition Selection Committee ranked the two parcels within the proposed addition as "An sites and recommended the County Commission seek matching funds for their purchase through the Florida Communities Trust program. The proposed 17 acres front on Weatherbee Road and extend to the existing Ancient Oaks project. These lands would expand the acres of uplands and provide a buffer between a portion of the ball field and Weatherbee Road. The Ancient Oaks project is a cooperative effort of the Department of Community Development and the Recreation Department to provide needed recreation facilities while preserving native upland habitat. The proposed addition will add approximately 16 acres of a Mesic f1atwood community in good condition. This will increase the project's total Mesic f1atwood community from 16 acres to approximately 32 acres resulting in a larger and more viable preserve area. Recreational improvements, including restrooms, parking, and a recreational field will be available within the existing Ancient Oaks project boundary. Improvements within the proposed addition will be limited to nature trails with rest areas, wildlife viewing areas, and interpretive signage. The project costs are estimated to be $400,000 but the actual purchase price will be based upon the final appraised value. The application requests that FCT cover 50%, of the estimated $400,000 in acquisition costs. The remaining 50% or $200,000 would be provided from the County's Environmentally Significant Land fund. Staff recommends the Board authorize staff to submit the Ancient Oaks Addition Florida Communities Trust grant application on the behalf of the County Commission. cc: County Administrator Press/Public "'"', ~ _2: ~ C :J 0 Ü c þ :e c as :J :!E 8 Ii; .~ a: l\ï 'õ .f; c o :+=' 1J 1J « (f) .::£ Cl:S o o OJ a" e. (d~ JU ,g ~ I ~ ;I'! ,to ~ i ,~ s' f IlIj Hf. ul t Ii ¡ ~ 1.', u ill I : :Ii ~ .; ,11 If ...... C (1) '0 c « \\C " \H' ~ \ t '; I :t, J ~ í --_._---¡ii'iij-~_._~ ----------,¡¡;¡.;iUii5-~----. ----~~ ......... 1""",1 t·~<) t ì f: .j ',,-- " "il(~l '" ~ /// ! _ _ _ _ _ J Ñun08 B9q04088~O '-' ..",. '" ~- ...", ., Agenda Request Item Number Date: c.. - ~b July 16, 2002 Consent Regular Public Hearing Leg. [ ) [X ] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development -....... ........ SUBJECT: Request approval of the Office of Greenways and Trails Multi-Party Acquisiti n Agreement for the White City Bridge Trail project and authorization for the County Administrator to sign and transmit the Agreement to the Office of Greenways and Trails on behalf of the County Commission. BACKGROUND: In January 18, 2002, the Office of Greenways and Trails met to score, rank and select projects for funding through the Florida Forever Program and placed the White City Bridge Trail project in a group of funded projects. The Office of Greenways and Trails will provide 50% of the cost to purchase the White City Bridge Trail parcels. The remaining 50% of the costs to acquire the parcels will be provided from the Environmentally Significant Lands Fund. Staff has estimated $400,000 in total costs to acquire the project lands. The attached Multi-Party Acquisition Agreement sets forth the acquisition procedures and guides the future management and use of the project lands. FUNDS AVAILABLE: Funds are available in the Environmental Lands Bond Fund (382-3915-599330-300). PREVIOUS ACTION: In October 23, 2001, this Board authorized submission of the White City Bridge Trail grant application. RECOMMENDATION: Approve the Office of Greenways and Trails Multi-Party Acquisition Agreement for the White City Bridge Trail project and authorize the County Administrator to sign and transmit the attached Multi-Party Acquisition Agreement to the Office of Greenways and Trails. County Attorney Originating Dept.: Finance: jJ-/ Coordination! Signatures Mgt. & Budget: Other: . COMMISSION ACTION: [][] APPROVED D DENIED D OTHER 4-0 Conn. Cowan'l rlh,::;pnt- stepped out of room Purchasing: ~ Env. Resources: I~ J tr:tó595a) '-' ..., COUNTY COMMISSION REVIEW: July 16, 2002 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: July 8, 2002 Subject: Request approval and transmittal of the Multi-Party Acquisition Agreement between S1. Lucie County, the Office of Greenways and Trails and the Division of State Lands Department of Environmental Protection for the White City Bridge Trail Project. The proposed Office of Greenways and Trails Multi-Party Acquisition Agreement provides 50% of the cost to acquire 13.3 acres within the White City Bridge Trail Project. The Multi- Party Acquisition Agreement sets forth the acquisition procedures that must be completed prior to disbursement of State funds. The project lands will be owned by the Board of Trustees and subleased to St. Lucie County for management. The agreement provisions are consistent with the White City Bridge Trail grant application approved by the Board on October 23, 2001. The White City Bridge Trail project consists of 13.3 acres along the North Fork of the St. Lucie River directly west of White City Park. The proposed project furthers the County's overall efforts to protect lands along the North Fork of the S1. Lucie River and will provide a recreational link between South 25th Street sidewalks and White City Park. Proposed improvements include a multi-use nature trail and a footbridge over a tributary to link the project parcels to the existing White City Park. Vehicular parking is not proposed for the project site. Staff recommends the Board approve the Office of Greenways and Trails Multi-Party Acquisition Agreement for the White City Bridge Trail Project and authorize the County Administrator to sign and transmit the attached Agreement to the Office of Greenways and Trails. 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I I 0 I '--- I ,/ I I ~ I I I "- Pt/ ÁÐ¡M6'H ~ I JÐÐJJS l/J9¿: DO n ìn '-' .....,¡ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF GREENWA YS AND TRAILS MULTI-PARTY ACQUISITION AGREEMENT WHITE CITY BRIDGE TRAIL Parties to the Multi-Party Acquisition Agreement: St. Lucie County, Florida, (County), and the Office of Greenways and Trails (OGT) and the Division of State Lands (DSL) of the Florida Department of Environmental Protection (DEP),as agent for the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Trustees) Eligibility for Funding: The White City Bridge Trail Greenways and Trails Project (Project) is on the OGTs 2002 acquisition list and is currently funded for acquisition under the Florida Forever Program. All acquisitions will be contingent on the continued availabilitly of funding under this program and approval by the Trustees. Parcels Covered by this Agreement: For the purpose of this Agreement, each ownership is referred to individually as "Parcel" and two or more ownerships are referred to collectively as " Parcels I I . This Agreement covers those Parcels which are wholly located within the Project boundaries and specifically set forth in Exhibit I I B ' I attached hereto and incorporated herein by reference, and in which the County has not acquired an interest prior to the execution of this Agreement by the County and OGT. The Project boundaries may be amended to include additional Parcels, delete Parcels or reprioritize Parcels as agreed by the parties hereto in writing. Ownership of Acquired Parcels: The County and the Trustees will contribute 50% each to the purchase price and the costs associated with the acquisition of the Parcels. The County understands and agrees that Trustees shall take fee simple title to all of the Property at the closing even though the County will be contributing 50% of the Purchase Price. Appraisal Mapping and Cost: OGT shall be responsible for preparing an appraisal map suitable for use in preparing the appraisal(s) in compliance with the procedures and requirements set forth in Chapter 259, F.S. and Chapter 18-1, F.A.C. OGT will contract for and pay all appraisal mapping costs. 6/10/02 1 '-' ..." Appraiser Selection And Cost: The County shall select two appraisers from . OSL's current list of approved appraisers after consulting with the Chief of the Bureau of Appraisal in the OSL. All appraisals prepared pursuant to this Agreement must comply with the procedures and requirements set forth in Chapter 259, F.S., Chapter 18-1, F.A.C. and the Bureau of Appraisal's Supplemental Appraisal Standards. Prior to contracting with each appraiser, the County shall require an affidavit from the appraiser which certifies that the appraiser has no vested or fiduciary interest in the Parcel being appraised. The County will contract for and pay all appraisal costs for each Parcel. The appraisals may be contracted for subsequent to the County acquiring an interest in any Parcel. Review, Approval and Utilization of Appraisals: A contract review appraiser or OSL or both will review appraisals obtained pursuant to this Agreement in accordance with all OSL standards and requirements. A minimum of two appraisals for each Parcel covered by this Agreement will be required in order to determine the statutory maximum value of each Parcel if the fair market value of said Parcel exceeds $1,000,000. If the fair market value of said Parcel does not exceed $1,000,000, then only one appraisal is required. OGT shall be responsible for the cost of the appraisal review. Pre-acquisition Title Work Requirements and Costs: The County shall be responsible for selecting a title company from OSL's current list of approved title companies to provide title commitments in compliance with the procedures and requirements set forth in Chapter 259, F.S. and Chapter 18-1, F.A.C. The County will contract for and pay all title commitment costs. Confidentiality: Pursuant to Sections 259.041 (7)(e) and 259.041 (8)(c), F.S. and Chapter 18-1, F.A.C., the County will maintain the confidentiality of all appraisals, offers and counteroffers and other negotiation matters until an option contract is executed, or if no option contract is executed, until 2 weeks before a contract or agreement for purchase is considered for approval by the Trustees. The County may disclose such confidential information only to the individuals who sign the confidentiality agreement, made part of this Agreement as Exhibit "An. Requests to add persons to the disclosure list must be made in writing and the County must receive the written consent of OGT. All confidentiality requirements outlined above shall apply to individuals added to the list. The County understands and agrees that all documents, papers, letters, maps, and other materials (collectively, "records") specifically relating to the acquisition of a Parcel will become public record (as defined in Chapter 119, FS) when an option contract is executed, or if no option contract is executed, 2 weeks before a contract or 6/10102 2 '-' '-II agreement for purchase is considered for approval by the Trustees and at that time all records of the County relating to the acquisition shall be subject to public access in the same manner as are other public records, pursuant to the provisions of Chapter 119, FS. This Agreement may be terminated by DSL if the County fails to allow public access to any such records pursuant to Chapter 119, FS. However, notwithstanding the confidentiality agreement, pursuant to Section 259.041 (7)(e), F.S., OGT may release an appraisal report when DSL has determined that the passage of time has rendered the conclusions of value in an appraisal report invalid. Prior to releasing an appraisal report, OGT will provide written notice to the County that DSL will release an appraisal report. DSL will require, as a condition of DSL recommending the Trustees approve a purchase instrument, a certification that the County has maintained the confidentiality of the appraisals, offers and counteroffers and other negotiation matters. This certification shall be in the form of a letter signed by legal counsel for the County. Negotiations: Negotiations with the owners of all Parcels will be conducted by the County, or its authorized representative, in a manner which will assure that the most favorable price and terms are obtained for the Trustees and the County. The County must submit a written negotiation strategy and receive written approval from DSL prior to initiating negotiations on any parcel. The County will maintain appropriate records documenting the negotiations for each Parcel. The County will notify DSL when negotiations commence and when negotiations terminate, and provide DSL with a copy of its negotiation file at the conclusion of its involvement with each Parcel. The County understands that DSL and OGT must follow the requirements set forth in Chapter 259, F.S., in acquiring from the County any interest which the County may acquire in any Parcel. All contracts in which the Trustees are a party or in which the Trustees are intended to become a party must be on DSL approved form and must be reviewed and approved by DSL prior to its use in negotiations. In the performance of its obligations pursuant to this Agreement, the County shall perform as an independent contractor and not as an agent, representative, employee or on behalf of DEP, DSL, or OGT. Terms and Conditions of Transfer: The transfer can occur under one of the following circumstances: 1) The County may elect to purchase the Parcel from the owner, and then convey the Parcel to the Trustees, the Trustees shall enter into an Option Agreement For Sale and Purchase with the County. The County understands that the terms and conditions of this Agreement shall apply to any conveyance from the County to the Trustees. 6/10/02 3 \w '-' 2) The County can negotiate the terms of an option to purchase a Parcel or Parcels with the seller using DSL approved forms, which option to purchase will name the Trustees as Purchaser. Any options or documents shall be prepared and approved by DSL, prior to seller's execution. Limitations on Financial Responsibility: 1) If any parcel is transferred to the Trustees as specified under Terms and Conditions of Transfer, Paragraphs 1, the Trustees Purchase Price shall be the lesser of 50% of the County's purchase price and 50% of the closing costs incurred, if any, at the closing between the County and the owner, or 50% of the maximum approved value of the Parcel as determined in accordance with Chapter 259, F.S. (Approved Value) and 50% of the closing costs incurred, if any, at the closing between the County and the owner. For the purposes of this Agreement, closing costs shall be limited to the OGT's approved costs of the survey, environmental site assessment, title insurance, and other OGT approved acquisition fees incurred by the County in the County's acquisition of each Parcel within the Project. OGT and the County will each pay 50% of the closing costs incurred to transfer title of each parcel from the County to the Trustees. Pre- acquisition costs, if any, for each parcel transferred to the Trustees shall be paid as stated in other sections of this agreement. For the purposes of this Agreement, pre-acquisition costs shall be defined as the cost of the Appraisals, Appraisal Mapping, Appraisal Review and Pre-Acquisition title work. In no event shall the Trustees Purchase Price for any Parcel exceed 50% of the Approved Value of the Parcel as previously stated in this Agreement. The maximum amount for reimbursement for County's pre-acquisition and closing costs, if any, as previously stated in this Agreement, must be approved by OGT and is subject to the limitations contained herein. If any parcel is acquired by Trustees as specified under Terms and Conditions of Transfer, Paragraph 2, the Trustees' and County's purchase price and costs of acquisition will be determined by the Agreement with seller. In no event shall either the Trustees' Purchase Price or the County's Purchase Price for any Parcel exceed 50% of the maximum approved value of the Parcel as determined in accordance with Chapter 259, F.S. (Approved Value) plus 50% of the closing costs. For the purposes of this agreement, closing costs shall be limited to the costs of the survey, environmental site assessment, title insurance search, examination and premium and the closing agent's closing fee. The maximum amount for reimbursement of pre-acquisition costs, as previously stated in this Agreement, is subject to the limitations contained herein. 6/10/02 4 '-' 'WI 2) DSL reserves the right to revise the Approved Value based on changes in market conditions, zoning and/or land use until the Trustees acquire an interest . in the Parcel. 3) In no event shall the Trustees, DEP, DSL or OGT be obligated to payor reimburse any documentary stamp taxes required to be paid by non-exempt parties pursuant to Section 201.01, F.S. Contacts: The following persons are designated as the contacts for the parties for matters relating to this Agreement: DSL: Janice P. Ellison Division of State Lands Department of Environmental Protection 3900 Commonwealth Boulevard, MS 115 Tallahassee, Florida 32399-3000 (850) 488-2351 OGT: Cynthia Radford Office of Greenways and Trails 3900 Commonwealth Boulevard, MS 795 Tallahassee, Florida' 32399-3000 (850) 488-3701 St. Lucie County: Diana Waite 2300 Virginia Avenue Ft. Pierce, Floirda 34982 (561) 462 - 1577 Management of Properties: OGT will be the lessee of the property for the White City Bridge Trail project and plans to sublease the property to St. Lucie County, who will be the day to day manager of the project. The County understands that parcels purchased under this agreement shall be used to provide a system of greenways and trails within St. Lucie County to link parks, nature preserves, cultural and historic sites, and waterfront areas. Recreational uses will include walking, biking, hiking, jogging, birding, fishing canoeing and nature trails study. The County agrees to develop and submit to DEP a management plan in accordance with Chapter 259.032 and 253.034, F.S., and pay the required annual administrative fee upon execution of a lease with the Trustees or a sublease with OGT for each parcel acquired under this agreement in accordance with 18-2.020(B)(a)(b)(c) Florida Administrative Code. 6/10/02 5 ~ 'wi Special Conditions: The County understands that while the Project is currently . funded, DEP, DSL or OGT cannot assure the continued availability of funds. The County understands that the County shall have no recourse whatsoever against DEP, DSL, OGT, or the Trustees if the Trustees fail to acquire an interest in any Parcel due to the unavailability of funds, or any other reason. Termination: This Agreement shall remain in effect for a period of twenty-four (24) months form the date the last party executes this Agreement. Closings shall proceed after termination on any fully executed contract to which the Trustees are a party on the date of termination, subject to availability of funds, as aforesaid. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of State Lands as agent for the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Witness By: NAME: AS ITS: Date: Witness FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Office of Greenways and Trails Witness By: JENA BROOKS, Director Date: Witness Approvod os \0 form and legality: By: Date 6/10102 6 '- Witness Witness A>praYed os to form oncllegolity. By: Date: 6/10/02 """ ST. LUCIE FLORIDA By: Douglas M. Anderson, County Administrator Date: 7 \.,.-' '-' EXHIBIT A CONFIDENTIALITY AGREEMENT The undersigned members and staff of St. Lucie County, Florida agree to maintain the confidentiality of appraisal information and negotiations concerning the parcels contained in this Agreement for the White City Bridge Greenways and Trails Project, as required by Chapter 259, F.S., Chapter 18-1, FAC., and this Multi-Party Acquisition Agreement. DATE NAME SIGNATURE 6/10/02 8 "-' Owner Name - Martyn - Owner Name - Mitchell Owner Name - Wahaj Owner Name - Wahaj 6/10/02 EXHIBIT B (Legal Description or list of parcels) Parcel 10 - 340431200010004 Parcel 10 - 340480900190008 Parcel 10 - 340480900220002 Parcel 10 - 340480900230009 9 'will "" 'WI ~ Agenda Request Item Number Date: c-9c.. July 16, 2002 Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ SUBJECT: BACKGROUND: St. Lucie Village Florida Communities Trust Project The St. Lucie Village Board of Alderman has approved a 9.32-acre tract for submission to Florida Communities Trust (FCT) with a request the County ultimately manage the project lands in conjunction with other Environmentally Significant Lands in the project area. To: Submitted By: Board of County Commissioners Community Development As a small community St. Lucie Village is eligible to received 100% funding from Florida Communities Trust for the purchase of the project lands. County staff has offered to prepare the grant application and assist the Village through the grant process. The ultimate management costs are expected to be minimal as only passive improvements such as trails and interpretive signage are envisioned for the project. The project lands would be managed in conjunction with adjacent unincorporated lands also proposed for purchase through Florida Communities Trust. Prior to the purchase of the project lands a management plan for the project would be submitted for the Board of County Commissioners approval. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: N/A N/A Authorize staff to assist St. Lucie Village with the preparation and submission of a grant application to Florida Communities Trust and to mana the project lands if ultimately purchased through FCT. abRp.nt- room. Douglas M. Anderson County Administrator DENIED !x Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Env. Resources: \"-'IJ'l ~1:~'-. / AG!:ND595a) County Attorney Originating Dept.: Finance: · \...-. '-' MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Community Development Department To: Board of County Commissioners From: Dennis Murphy, Director Date: July 8, 2002 Subject: Authorize staff to assist St. Lucie Village with the preparation and submission of a Florida Communities Trust Grant Application and to manage the 9.32-acre project site if ultimately purchased through the Florida Communities Trust Program. As a small community St. Lucie Village is eligible for 100% funding for the purchase of lands through the Florida Communities Trust (FCT) program. On June 20, 2002, the Land Acquisition Selection Committee ranked 9.32 acres (File No. ST084) within St. Lucie Village as an "An site and recommended the County prepare a FCT grant application and manage the project lands in conjunction with adjacent lands selected for purchase. The St. Lucie Village project is located approximately .5 mile south of Indrio Road in the northern limits of incorporated St. Lucie Village. The parcel extends from U.S. Highway 1 to Old Dixie Highway (See Attached Map). The site primarily consists of scrub habitat with a small area of xeric hammock in the southeastern portion of the site. The scrub habitat is dominated by scrub hickory with scattered scrub oak and saw palmetto. Future improvements would be limited to a small unpaved parking area, hiking trails, rest areas, interpretive sign age and wildlife observation areas. To reduce the County's costs, staff has agreed to prepare and assist the Village through the grant application process. However, because of the Village's limited staff and funding the Village Board of Alderman has requested the County manage the project lands in conjunction with other environmental lands in the area. The Land Acquisition Selection Committee has also recommended that the St. Lucie Village parcel be managed in conjunction with an adjacent site recommended for purchase. The adjacent site is within the unincorporated County and will be a separate FCT application, however, the lands within both applications will be designed and managed as one project. Prior to the purchase of the project lands a management plan for the project would be prepared by County staff and submitted for the Board of County Commissioners and the St. Lucie Village Board of Alderman approval. \,.I ...I July 8, 2002 Florida Communities Trust Page 2 St. Lucie Village Staff recommends the Commission authorize staff to assist St. Lucie Village with the preparation and submission of a Florida Communities Trust grant application for the purchase of the 9.32-acre site and to manage the project lands if ultimately purchased through the FCT program. 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July 16, 2002 Consent Regular Public Hearing Leg. [ ) [X ] [ ] [ ] Quasi-JO [ SUBJECT: Request approval of the Florida Communities Trust ceptual Appro al Agreement for the White City Woodlands project and authorization for the County Administrator to sign and transmit the Agreement to Florida Communities Trust on behalf of the County Commission. nt Director To: Submitted By: Board of County Commissioners Community Development BACKGROUND: On November 30, 2001, Florida Communities Trust (FCT) met to score, rank and select projects for funding through the Florida Forever Program. At that time the White City Woodlands project was not funded but placed in a group of unfunded projects. Since that time funds have become available to fund this project and FCT will provide the County a grant in the amount of 50% of the project costs or $412,000; whichever is less, to purchase the White City Woodlands site. The County will provide the remaining 50% of the costs to acquire the land from the Environmentally Significant Lands Fund. The attached Conceptual Approval Agreement sets forth the acquisition procedures and guides the future management and use of the project lands. The proposed agreement must be approved and retumed to FCT by July 19, 2002 to comply with FCT terms. FUNDS AVAILABLE: Funds are available in the Environmental Lands Bond Fund (382-3915-599330-300). PREVIOUS ACTION: On June 5, 2001, this Board authorized submission of the White City Woodlands FCT project application. RECOMMENDATION: Approve the Florida Communities Trust Conceptual Approval Agreement for the White City Woodlands site and authorize the County Administrator to sign and transmit the attached Conceptual Approval Agreement to Florida Communities Trust. County Attorney Originating Oept.: Finance: Ir~ Coordinationl Signatur Mgt. & Budget: Other: Douglas M. Anderson County Administrator r=Y; COMMISSION ACTION: ~ APPROVED D DENIED D OTHER 4-0 C"mm Co,",'ard abocnt steppPrl '''It of tho room. Purchasing: Env. Resources: 'I I . ~~ ~ ¿u (A 0595a) '\. --~. '-" .." .. COUNTY COMMISSION REVIEW: July 16, 2002 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: July 8,2002 Subject: Request approval of the Florida Communities Trust Conceptual Approval Agreement for the White City Woodlands project and authorization for the County Administrator to sign and transmit the agreement to Florida Communities Trust on behalf of the County Commission. The proposed Florida Communities Trust Conceptual Approval Agreement is a grant agreement that provides 50% of the project costs, or $412,000, whichever is less, towards the purchase of the White City Woodlands parcels. The Conceptual Approval Agreement (CAA) also sets forth the conditions of Florida Communities Trust (FCT) approval that must be satisfied prior to disbursement of FCT funds. Section X of the agreement includes conditions that are particular to the White City Woodlands project that must be addressed in the project's management plan. The agreement provisions are consistent with the White City Woodlands grant application approved by the Board on June 5, 2001. The White City Woodlands project consists of 79.05 acres located on the at the southern end of Christensen Road, approximately 1/4 mile south of Midway Road (Exhibit A). White City Woodlands contains two native communities including Mesic f1atwoods (77 acres) consisting of medium-aged Slash pine, Saw palmetto and gallberry and Depression marsh (2 acres) consisting of Maidencane and St. Johns Wort. Proposed improvements include a a small stabilized (grassed or shell) parking area for approximately six vehicles and bike stands, a nature trail, a wildlife observation area, and an information kiosk and interpretive signs describing the habitat. Staff recommends the Board approve the Florida Communities Trust Conceptual Approval Agreement for the purchase of the White City Woodlands site and authorize the County Administrator to sign and transmit the attached Conceptual Approval Agreement to Florida Communities Trust. Cc: County Administrator Press/Public '- ...",., ....- .... ~ Q.) > , a: I i .."""'- c J ,5 ctì '5 ! " c -- ,.,.- t.':-{j ,~ '" I c j ch -0 C CO -0 o o S >. +-' Ü --- Z; f 'II i ~ ¡ t·, ~4 . ¡ IIi ~ ~~ ' . ¿: § lit < ~í~é : 7 I i HI ~ ,/, ~! Ii "I I _ //; ~ ~ f¡J ~ ~-J, è( ! ~ Ii{ 0 ~J ~ ~:; hI ~: II .. .." è c ::l o o c t ctì ~ ~ y ....:! ~ ~/ n_mm_m_ -----~~~~~ eeqOLpee>10 I~ .qê üC aJ 0)=0 ......, .- 0 ..co ~~ .., I 0 0 " 0 ,;j N " (: L.() 8 i ! ;,i ((J t' N ,ij a:> N Q. <Ô 0.. ~ « II :> è -, Q) .~~ -0 0.. :: Q) e T""" t¡¡ Cl.. 0.. ~ ill ~ U 0.. ...J co (f) ü at ài (j) ~ ü '5 0 ((J '" 8 + \...r ..J FCT Contract Number OO-CT- FLORIDA COMMUNITIES TRUST FFl Award Number 01-012-FFl WHITE CITY WOODLANDS CONCEPTUAL APPROVAL AGREEMENT THIS AGREEMENT is entered into on , 2002, the date the last party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and ST. LUCIE COUNTY, a local government of the State of Florida (Recipient). The intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement provisions of Sections 259.105, 259.1051, and Chapter 380, Part Ill, Florida Statutes (F.S.). * * * * * * * WHEREAS, Chapter 380, Part Ill, F.S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal management elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the distribution of twenty- two percent (22%) less certain reductions of the net Florida Forever Revenue Bond proceeds to the Department to provide land acquisition grants to local governments or nonprofit environmental organizations through the FCT for acquisition of community-based projects, urban open spaces, parks, greenways, and recreational trail systems to implement local comprehensive plans; WHEREAS, the Bonds are issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; 01-012-FFl 06/14/02 Joint Acquisition '-' ...., WHEREAS, Rule Chapter 9K-7, Florida Administrative Code (F.A.C.), describes the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department from the Florida Forever Trust Fund; . WHEREAS, the FCT Governing Board met on November 29-30,2001, to score, rank and select projects that were to receive conceptual approval for funding; WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding and in accordance with Rule Chapter 9K-7, EA.e., and more particularly described within this Agreement; WHEREAS, Rule 9K-7.009(l), F.A.e., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions of conceptual approval that must be satisfied by Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its acquisition with the Bond proceeds. NOW THEREFORE, FCT and Recipient mutually agree as follows: I. GENERAL CONDITIONS 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as soon as possible and before Julv 19. 2002. If Recipient requires more than one original document, the Recipient should photocopy the number of additional copies needed, and then execute each as an original document. Upon receipt of the signed Agreements, FCT will execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The name Conceptual Approval Agreement is used to indicate that the project has been approved as a concept that was described in the Recipient's application that was submitted and selected for funding by FCT (Application). Since the entire Project Site has not yet been negotiated for acquisition, some elements of the project are not yet known, such as the purchase price, other project costs, and the terms upon which an owner will voluntarily convey the property. The Conceptual Approval Agreement is in every respect a grant contract between the parties and sets forth the requirements and responsibilities for acquisition and management of the Project Site, described in the Application. 0l-012-FF1 06/14/02 Joint Acquisition 2 \.r ...."" 3. Conceptual approval for funding shall be until July 1,2003 (Expiration Date). In the event that the Project Plan described in Section V. below has not been approved by the Expiration Date, conceptual approval shall be terminated. The FCT may extend conceptual approval beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension must be made in writing to FCT, fully explaining the reason for the delay and why the extension is necessary. If the Recipient does not request an extension, or if an extension is not granted to the Recipient by the FCT, the Florida Forever award granted to the Recipient shall terminate and all obligations hereunder shall cease. 4. This Agreement may be terminated before its Expiration Date at the written request of the Recipient. Such a request shall fully describe the circumstances that compel the Recipient to terminate the project. A request for termination should be mailed to the FCT at the address given in paragraph 1 above. 5. This Agreement may be terminated before its Expiration Date by the FCT if it is determined by the FCT that no significant progress is being made toward the acquisition of the Project Site, non-performance by the Recipient of the requirements listed or that other circumstances are present that would, in all likelihood, preclude or prevent the successful acquisition of the Project Site within the established time frame. Prior to termination, notice of the proposed termination shall be mailed to the Recipient at the address given in paragraph 13 below. 6. Recipient agrees to submit the documentation to FCT that is required in this Agreement as soon as possible so that the Project Site may be acquired in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines, whether stated in this Agreement or associated with meetings of the FCT Governing Board, may result in delays in the project, may result in allocation of time or resources to other recipients that responded timely, and may result in this Agreement being terminated by FCT. It is the responsibility of the Recipient and its representatives to know all project deadlines, to devise a method of monitoring the project, and to adhere to all deadlines. If the Recipient is identified in paragraph m.l. below as the party responsible for all negotiation and acquisition activities, the Recipient shall provide a monthly status report of acquisition activities on the Project Site to FCT. The monthly report shall contain dates that appraisals are ordered and due, as well as dates that purchase agreements are sent to sellers and the status of each contract, as appropriate. 01-012-FFl 06/14/02 Joint Acquisition 3 '-' ...., 7. The FCT Florida Forever award granted to the Recipient will in no event exceed the lesser of Fifty Percent (50.00%) of the final total eligible project costs, as defined in Rule 9K- 7.002(28), FA.C., or Four Hundred Twelve Thousand Dollars And No Cents ($412,000.00), unless the FCT approves a different amount, after determination of the Maximum Approved Purchase Price as provided in Rule 9K-8.007, FA.C., and which shall be reflected in an addendum to this Agreement. The amount of the grant shall not exceed the Limitation of A ward provided in Rule 9K-7.003(3), F.A.c., and as advertised in the Notice of Application. 8. The grant amount stated in paragraph 7 above is based on the Recipient's estimate of total project costs in its Application, as well as limits on awards in the notice of application period announcing the application cycle. When disbursing funds for the project, the FCT will recognize the actual total project costs, defined in Rule 9K-7.002(28), F.A.C., for acquisition of the Project Site. The total project costs will be reflected on a grant reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the actual purchase price, or the Maximum Approved Purchase Price based on appraisal reports that comply with requirements set forth in Rule 9K-8.007, F.A.C., whichever is less, and multiplied by the percent stated in paragraph 7 above. 9. The FCT Governing Board has selected the Recipient's Application for funding to acquire the entire Project Site identified in its Application. The FCT reserves the right to withdraw or adjust the FCf award if the acreage that comprises the Project Site is reduced or the project design in changed so that the objectives of the acquisition cannot be achieved. Any request for modification of the boundary of the Project Site identified in the Application may be considered by the FCT following the procedures for submission and review of boundary modification requests set forth in Rule 9K-7.01O, FA.C. If the Project Site is comprised of multiple parcels, an Acquisition Plan was required in the application. The FCT reserves the right to withdraw or adjust the FCT award if the priority parcel(s), or a significant portion of the Project Site identified in the Acquisition Plan, incorporated by reference herein and attached as Exhibit "A," cannot be acquired. Approval of the Conceptual Approval Agreement shall constitute approval of the Acquisition Plan by FCT. 10. The FCT funds shall be delivered either in the form of eligible project costs prepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the Project Site, payable to the Seller or the Seller's designated agent authorized by law to receive such payment, provided the Comptroller determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State of Florida. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the FCT award that corresponds to the parcel being closed. FCT will prepare a grant reconciliation statement prior to the closing of the Project Site parcel that will evidence the amount of local match, if any is required, provided by the Recipient and the 01-012-FFI 06/14/02 Joint Acquisition 4 '- ..., portion of the FCT award that corresponds to the parcel being closed. Cash expended by the FCT for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 11. The Recipient's local match, if any is required, shall be delivered either in the form of eligible project costs prepaid to vendors by the Recipient; cash; eligible documented donation by Seller of land value; or Recipient's warrant at the closing of the Project Site. If the Project Site is comprised of multiple parcels, the Recipient shall deliver at the closing of each parcel the share of the local match, if any is required, that corresponds to the parcel being closed. The cash expended by the Recipient for eligible project costs incurred by the Recipient conducting acquisition activities will be recognized as part of the local match, if any is required, on the grant reconciliation statement prepared pursuant to paragraph 10 above. In the event that land value is the source of local match, if any is required. the value attributed to the land local match, if any is required, shall be determined after an appraisal report that complies with the procedures and requirements set forth in Rule 9K-8.007, F.A.C. Such appraisal report shall be subject to review and approval by FCT prior to FCT funds being delivered for the project. 12. The FCT Governing Board adopted the Florida Forever Program Approved List of Complete Applications for Series FFI Funding Cycle on November 29, 2001, at which time the Project Site became part of a list of lands that were approved for consideration for land acquisition. If action initiated by the Recipient that is the local government having jurisdiction over the Project Site, subsequent to November 29. 2001, results in a governmentally-derived higher value due to an enhanced highest and best use, the FCT acquisition activities will be terminated unless the Seller agrees that the appraisal will be based on the highest and best use of the Project Site on or before November 29,2001. 13. Recipient hereby notifies the FCT that the following administrator, officer, or employee is the authorized key contact, or project manager, on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: Di 1m" W"i TP Title: Planner III Address: 2300 Virginia Ave. Fort Pierce, FL 34982 Phone: (77?)4n?-1~77 Fax: (772)462-1581 Email: Di"n:'lw(Ïlro Rt-lllr;p fl 11R 0l-OI2-FFI 06/14/02 Joint Acquisition 5 \.i ...." The Recipient must notify the FCT as to any change in the authorization of the key contact on behalf of the Recipient named above. This notification must be made in writing to the Executive Director and signed by the appropriate authorized administrator, officer, or employee named in paragraph m.6.d. below. 14. This Agreement may be amended at any time and must be set forth in a written instrument and agreed to by both the FCT and the Recipient. Such amendments shall become a part of this Agreement. II. AUDIT REQUIREMENTS Section 215.97, Florida Statutes, the Florida Single Audit Act, provides uniform state audit requirements for state financial assistance provided by state agencies over the audit threshold as defined in that Section as follows: I. The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. 2. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by FCT. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 3. The Recipient shall also provide FCT with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 4. In the event that the Recipient expends a total amount of State financial assistance from all state sources equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.550 and lO.650, Rules of the Auditor General. Section 1.7. above indicates State financial assistance through FCT by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, except that State financial assistance received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement was received by FCT as a grant appropriation. 01-012-FFI 06/14/02 Joint Acquisition 6 \w' ...., a. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. b. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. c. The complete financial audit report, including all items specified in (d) below, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 d. In connection with the audit requirements addressed above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 and 10.650, Rules of the Auditor General. e. If the Recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 01-012-FFl 06/14/02 Joint Acquisition 7 '-' ~ 5. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non-compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 2 15.97, Florida Statutes, by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IP A shall state that the audit complied with the applicable provisions noted above. III. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION OF PROJECT SITE NEGOTIATION 1. If the Project Site consists of five or fewer ownerships, as reflected on the Acquisition Plan, either the FCT or the Recipient may act as the party responsible for all negotiation and acquisition activities. If the Project Site consists of six or more ownerships, as reflected on the Acquisition Plan, the Recipient shall act as the party responsible for all negotiation and acquisition activities. The Recipient hereby notifies the FCT that "I" T "(';,, Cn"n"y [Note: Elect FCT or Recipient] will be the party responsible for all negotiation and acquisition activities. If the Recipient is named herein and represented by an agent, the Recipient hereby notifies the FCT that the Recipient's agent is: Name: Title: Address: Phone: Fax: Email: 2. The Recipient hereby notifies the FCT that the Recipient's Federal Employer Identification Number(s) is 59-6000815 01-012-FFI 06/14/02 Joint Acquisition 8 '-" ....,.¡ 3. No later than Julv 19. 2002, the Recipient must deliver to FCT a written statement from the Project Site property owner(s) evidencing that the owner(s) is willing to entertain an offer from the Recipient and FCT. No negotiation or acquisition activity is to be commenced prior to FCT receipt of this statement. 4. No later than Julv 19. 2002, the Recipient must deliver to FCTthe executed Confidentiality Agreement provided to the Recipient by FCT, pursuant to Rule 9K-8.008(3), F.A.C.. No negotiation or acquisition activity is to be commenced prior to FCT receipt of the executed Confidentiality Agreement. 5. The party named in paragraph 1 above as the party responsible for all negotiation and acquisition activities, shall provide the following: a. Title report(s) and appraisal(s) as required by Rule 9K-8.007 (1) - (4), F.A.C., for review by a date not to exceed 90 days of full execution of this Agreement. FCT will review and approve the appraisal(s) and determine the Maximum Approved Purchase Price as provided in Rule 9K-8.007(5) and (6), F.A.C., ; and b. Purchase agreement(s), based on the Acquisition Plan (if applicable), must be approved by FCT and sent to owner(s) within 45 days of receipt of the appraisal review memo establishing the Maximum Approved Purchase Price. 6. By execution of this Agreement, the Recipient affirms that: a. the Recipient is ready, willing and able to provide the local match, if any is required; b. the Recipient reaffirms the representations made in its Application; c. the Recipient shall, on January 30 of each year after acquisition of the Project Site, , prepare and submit to FCT an annual stewardship report as required by Rule 9K-7.0l3, F.A.C.; d. the Recipient authorizes the administrator, employee, or officer named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including but not limited to the Conceptual Approval Agreement or any addenda thereto, purchase agreement for the property, grant reconciliation statement, closing documents, statements submitted as a part of the project plan, and Grant A ward Agreement: 01-012-FFl 06/14/02 Joint Acquisition 9 '-' ...",¡ Name: DoulZlas M. Anderson Title: County Administrator Address: Sf" T ""; Po r.ollnty 2100 Viriinia Ave. Fort Pierce, FL 34982 Phone: (72)462-1100 Fax: (772)462-2131 Email: DOUGA«leO.flt-lllde f1 ll" The Recipient must notify the FCT as to any change in the authorization of the administrator, officer or employee named in this paragraph to execute all documents on behalf of the Recipient. This notification must be made in writing to the Executive Director and signed by the appropriate administrator, officer or employee. IV. MANAGEMENT PLAN APPROVAL I. Prior to approval of the Project Plan (described in Section V below), signature of the purchase agreement(s), closing(s) of the real estate transaction(s) and final disbursement of award funds by FCT, the Recipient must prepare a Management Plan that complies with Rule Chapter 9K-7.011, F.A.C., and addresses the criteria and conditions set forth in Sections IV, VI, VIT, vm, IX, and X herein. Recipient is strongly urged to coordinate with the FCT staff in order that the FCT approval of the Management Plan occurs prior to the closing date of the real estate transaction(s) associated with the project and delivery of FCT funds. 2. The Management Plan, which is intended to explain how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of the Conceptual Approval Agreement, shall include the following: a. An introduction containing the project name, location and other background information relevant to management. b. The stated purpose for acquiring the Project Site as proposed in the Application and a prioritized list of management objectives. 01-0l2-FFl 06/14/02 Joint Acquisition 10 '-' ...",.I c. The identification of known natural resources including natural communities, listed animal species, soil types, surface and groundwater characteristics and a plan to inventory all unknown resources. d. A detailed description of all proposed uses including existing and proposed physical and access improvements. e. A detailed description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. f A scaled site plan drawing showing the project site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. g. A description of management needs and problems associated with implementing the Management Plan. h. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. 1. A description of proposed educational displays and programs to be offered, if applicable. J. A description of how the management will be coordinated with other agencies and public lands, if applicable. k. Cost estimates based on categories established by the Land Management Uniform Accounting Council. I. A schedule for implementing the development and management activities of the Management Plan. m. Funding sources to implement the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan must include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. 01-012-FFl 06/14/02 Joint Acquisition 11 \..; ""-' 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part ill, F.S., the Recipient(s) shall be required to provide the Trust with Reasonable Assurance, pursuant to Rule 9K- 7.002(32), F.A.c., that they have the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, the Trust may: require the Recipient to post a performance or other bond in an amount sufficient to insure performance by the Recipient that the Project Site shall be reasonably and professionally managed in perpetuity; require the Recipient to establish an endowment or other fund in an amount sufficient to insure performance; require a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Nonprofit Environmental Organization is unable to, and may require the Local Government to be a named co-signer on the Grant A ward Agreement; or require such other assurances as may be necessary to adequately protect the public interest. V. PROJECT PLAN APPROVAL 1. Prior to FCT approval of the signed purchase agreement(s), closing(s) or"the real estate transaction(s) to acquire the Project Site, and final disbursement of award funds by FCT, the Recipient must submit to FCT a Project Plan that complies with Rule 9K-8.01l, F.A.C. This Project Plan is a compilation of the following items listed below, which must be reviewed and approved by FCT. In the event that the Recipient is a partnership, the Recipient must also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. The Project Plan shall include, and shall not be considered by FCT unless it includes all of the following documents, to be reviewed and approved by FCT to ensure that the interest of the State of Florida will be protected: a. A purchase agreement for acquisition of the Project Site, in a form approved by the FCT staff prior to being executed by the Seller, such agreement fully executed by both the Seller and the Recipient, that is based on an appraisal(s) approved by FCT and consistent with the requirements of Rule Chapter 9K-8, F.A.C.. b. A letter from FCT indicating approval of the Management Plan written according to Rule Chapter 9K-7.011, F.A.C., and as described in Section IV above. 01-012-FFl 06/14/02 Joint Acquisition 12 \.r- ....,; c. A statement of the total project cost, including all non-recurring costs of project development as defined in Rule Chapter 9K-7.002(28), F.A.C. d. A statement of the amount of the award being requested from the FCT. e. A statement from each local government in whose jurisdiction the Project Site is located that the Project Plan is consistent with the local comprehensive plan. f. Evidence that the conditions imposed as part of the Conceptual Approval Agreement have been satisfied. g. A signed statement from the Recipient evidencing that after conducting a diligent search, the Recipient, to the best of its knowledge, represents that there are no existing or pending violations of any local, state, regional and federal laws and regulations on the Project Site. 2. The FCT strongly encourages the Recipient to request a courtesy review of its entire Project Plan, prior to submission of the Project Plan for approval and release of funds. The FCT will recommend approval of complete and accurate Project Plans or disapproval of incomplete or insufficient Project Plans. Recipient is strongly urged to coordinate with the FCT staff in order that the FCT review of the Project Plan coincides with the closing date of the real estate transaction(s) associated with the project. 3. Real estate transactions associated with the project may close only after FCT approval of the Project Plan and compliance with all purchase agreement requirements. In addition. pursuant to Rule 9K-8.011(4), F.A.C., the FCT shall publish a Notice of Approval for Florida Forever funds in the Florida Administrative Weekly that shall list each Project Plan that has received approval for funding and the amount of funding approved. Any person with a substantial interest that is or may be determined by the decision of the FCT to reject or approve the Project Plan may request an administrative proceeding pursuant to Section 120.57, F.S., within 21 days from publication of the Notice of Approval for Florida Forever funds. Real estate closings associated with the project may close only after expiration of the 21-day notice period, so long as no requests for an administrative proceeding have been filed. 01-012-FF1 06/14/02 Joint Acquisition 13 "'"' >.,.¡J VI. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, F.S. RECIPIENT AGREES AS FOLLOWS: 1. FCT shall approve the terms under which the interest in land is acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT approves and executes the purchase agreement for acquisition of the Project Site, further described in Section V.l.a. above, to which FCT is a party. 2. Title to the Project Site shall be titled in the Recipient, unless the Recipient specifically requests that title shall permanently vest in the Board of Trustees of the Internal Improvement Trust Fund (Trustees). Such request shall be subject to the approval of FCT and the Trustees. The Recipient hereby elects that title to the Project Site shall be vested in St. Lucie County [Note: Insert either the name of Recipient or Board of Trustees of Internal Improvement Trust Fund.] If the Recipient elects that title shall vest in the Trustees, then all acquisition activities shall be administered by the Division of State Lands as specified in Section 253.025, F.S., and Rule 18-1, F.A.C. FCT signature of this Agreement shall constitute approval of this election. 3. The transfer of title to the Recipient for the Project Site shall not occur until the requirements for the acquisition of lands, as specified in Section 380.507(11), F.S., and Rule Chapter 9K-8, F.A.C., have been fully complied with by the Recipient and FCT. 4. Each parcel to which the Recipient acquires title in the Project Site shall be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Section 375.051 and 380.510, F.S.; Section 11(e), Article VII of the State Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Iriternal Improvement Trust Fund upon failure to use the Project Site conveyed thereby for such purposes. 01-012-FFl 06/14/02 Joint Acquisition 14 '" ..., 5. A Grant Award Agreement containing such covenants and restrictions as referenced in paragraph 4 above and describing the real property subject to the Agreement shall be executed by the FCT and Recipient at the time of the conveyance of the Project Site and shall be recorded in the county(s) in which the Project Site is located. The Grant Award Agreement shall restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. All statements contained in the Grant Award Agreement are contained in this Conceptual Approval Agreement, with the exception of statements that do not survive the real estate closing of the Project Site. 6. If any essential term or condition of the Grant A ward Agreement is violated, and the Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The deed transferring title to the Project Site to the Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 7. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 8. If the existence of the Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. VII. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. Following the acquisition of the Project Site, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the Project Site's acquisition. 2. Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. 3. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by the FCT as a part of the Project Plan. 0l-012-FFl 06/14/02 Joint Acquisition 15 \.i ...,/ 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, F.S., to impose conditions for funding on Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including without limitation the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. If the Project Site is to remain subject, after its acquisition by the Recipient and/or the Trustees, to any of the below listed transactions, events, and circumstances, the Recipient shall provide at least 60 days advance written notice of any such transactions, events, and circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest for FCT approval. Recipient agrees and acknowledges that the following transactions, events, and circumstances may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that the following transactions, events, and circumstances may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to any person or organization; b. the operation of any concession on the Project Site by any person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; 01-012-FFl 06/14/02 Joint Acquisition 16 '-" .....", d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract of the Project Site with any person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. The foregoing are collectively referred to as the "disallowable activities." IX. DISALLOW ABLE ACTIVITIESIREMEDIES In the event that FCT determines at any time or from time to time that the Recipient is engaging or allowing others to engage in disallowable activities on the Project Site, the Recipient agrees to immediately cease or cause the cessation of the disallowable activity upon receipt of written notice from the FCT. To the extent allowed by law, Recipient hereby indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any nature whatsoever arising from or with respect to disallowable activities on the Project Site. Nothing herein shall be deemed a waiver of the Recipient's sovereign immunity. In addition to all other rights and remedies at law or in equity, FCT shall have the right to temporary and permanent injunctions against Recipient for any disallowable activity on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE REClPlENT AND OTHER GOVERNMENTAL BODlES, NONPROFIT ENTITlES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELlEVE THE REClPlENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLlED WITH BY THE CONTRACTING PARTY. 01-012-FFl 06/14/02 Joint Acquisition 17 \.t .~ X. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN The Management Plan for the Project Site is mentioned throughout this Agreement, and is particularly described in Section IV. above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commitments made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K-7.009(1), F.A.C.: 1. Two or more resource-based outdoor recreational facilities including a nature trail and wildlife observation area shall be provided at the Project Site. The facilities shall be designed and located with minimal impact to natural resources on the Project Site. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust Program and St. Lucie County. 3. Interpretive signage shall be provided to educate visitors about the natural environment of the Project Site. 4. A biological inventory of the natural communities found on the Project Site, including the dominant and listed plant and animal species, shall be conducted prior to any site development. The inventory shall be used to ensure the protection of biological resources and be updated periodically. 5. The mesic flatwood and depression marsh shall be preserved and appropriately managed to ensure the long-term viability of these communities. 6. The Project Site shall be managed in a manner that will protect and enhance the habitat for native wildlife species that utilize or could potentially utilize the Project Site. The development of the Management Plan shall be coordinated with the Florida Fish and Wildlife Conservation Commission's Office of Environmental Services to ensure the preservation of native wildlife species. 7. A prescribed burn plan shall be implemented for the Project Site. The development of the prescribed burn plan shall be coordinated with the Division of Forestry and the Florida Fish and Wildlife Conservation Commission. Ol-012-FFl 06/14/02 Joint Acquisition 18 '- ""'" 8. The quality of surface water run-off from the Project Site will be maintained or improved through the implementation of a water quality management program which shall include the abandonment of the platted unbuilt portion of Christensen Road which bisects the project site 9. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the Project Site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The Management Plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the Project Site. 10. A feral animal removal program shall be developed and implemented, as necessary, for dogs, cats, ducks, and other non-native wildlife that may be found on the Project Site. 11. Prior to the commencement of any proposed development activities, measures shall be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potentia) site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 12. The location and design of the parking facility shall be designed to have minimal impacts on natural resources. The parking area shall incorporate pervious material wherever feasible. Any proposed stormwater facility for the Project Site shall be designed to provide recreational open space or wildlife habitat. 13. Pedestrian and bicycle access to the Project Site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the Project Site with adjacent residential neighborhoods. Bike parking stands shall be installed at the Project Site to provide an alternative to automobile transportation to the Project Site. 14. The development and management of the Project Site shall be coordinated with the agencies managing conservation lands within the North Fork of the St. Lucie River Greenway corridor, including the South Florida Water Management District, City of Port St. Lucie and Department of Environmental Protection, to ensure the Project Site is protected and managed as part of a linked conservation lands and recreation opportunities. OI-OI2-FFl 06/14/02 Joint Acquisition 19 · '- ''wII' 15. The Project Site shall be managed as part of a community-wide recreational trail system that connects the Project Site with other parts of the community, including the North Fork of the St. Lucie River and adjacent open space preservation lands owned by the City of Port St. Lucie and promotes alternative modes of transportation. 16. Proposed site improvements shall be designed and located to minimize or eliminate the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 17. The requirements imposed by other grant program funds that may be sought for activities associated with the Project Site shall not conflict with the terms and conditions of this Agreement. This Agreement including Exhibit "A", if required, embodies the entire agreement between the parties. THE FLORIDA COMMUNITIES TRUST'S OBLIGATION TO PROVIDE FUNDS UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. ST. LUCIE COUNTY FLORIDA COMMUNITIES TRUST By: Print Name: Title: Date: By: Janice Browning Executive Director Date: Approved as to Form and Legality: By: Print Name: Approved as to Form and Legality: By: Ann J. Wild, Trust Counsel 01-012-FFl 06/14/02 Joint Acquisition 20 '-" ...., " Agenda Request Item Number Date: C-"6e July 16, 2002 Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ To: Board of County Commissioners Submitted By: Community Development SUBJECT: North Fork of the St. Lucie River Phase Three Grant Application BACKGROUND: The proposed grant application requests 75% funding ($1,597,200) towards the purchase of approximately 110 acres along the North Fork of the St. Lucie River for conservation and stormwater management purposes. The proposed project is a joint effort between the Department of Community Development, Planning Division and the Public Works, Engineering Division to protect and enhance the North Fork of the St. Lucie River corridor while preventing flooding and providing passive recreation opportunities. With the exception of two small parcels, all proposed parcels are within the North Fork of the St. Lucie River (North Fork) ESL project and/or identified for a stormwater management pond to reduce flooding in the Sager Avenue area of White City. The application requests a matching grant of 75% towards the total estimated project costs of $2,129,600. The County's $532,400 (25%) match will partially be satisfied by the cost of 16 acres within the project that has already been acquired by Public Works Department for a stormwater pond. Additional funds will provided from the Environmentally Significant Lands Fund or the Stormwater Management Fund. FUNDS AVAILABLE: Funds are available in the Environmental Lands Bond Fund (382-3915- 599330-300) and in the Stormwater Fund (102001-3725-561003-41113). PREVIOUS ACTION: On February 10, 1998 the Board approved the NFSLR CARUSOR project. RECOMMENDATION: Authorize staff to submit the North Fork of the St. Lucie River Phase Three grant application to Florida Communities Trust ~ Coordination/ Signatures Mgt. & Budget: ./1 Purchasing: Env. Resources: ~ ¡/W Other: Douglas M. Anderson County Administrator DENIED 4-0 Carom. Coward absent stepped out of room. County Attomey Originating Dept.: Finance: (AGEND595a) ~ 'WI COUNTY COMMISSION REVIEW: July 16, 2002 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: July 8, 2002 Subject: Request for authorization to submit the North Fork of the St. Lucie River Phase Three grant application to Florida Communities Trust on behalf ofthe Board of County Commissioners. The North Fork of the St. Lucie River (North Fork) project is a high priority envirpnmental lands acquisition and water quality improvement project previously approved by the Board. The proposed grant application requests $1,597,200 (75%) of the estimated costs of $2,129,600 to acquire 110 additional acres along the North Fork of the St. Lucie River corridor. The County's share of the project costs, $532,400 (25%), will partially be provided from the value of 16 acres already acquired by the Public Works Department. The remaining cost will be provided from the Environmentally Significant Lands Fund or the Storrnwater Management Fund, depending on each programs area of use. The project will further overall conservation and restoration efforts along the North Fork corridor through protecting and enhancing the existing native plant communities and providing an area to construct a stormwater park that will prevent flooding and provide water quality treatment of runoff prior to it's reaching the North Fork waters. The North Fork of the St. Lucie River Phase Three project includes fourteen parcels located between Sager Road and Oleander Avenue and the North Fork shoreline in the White City area. To the north the project is bordered by Parkland Boulevard and to the south by a single-family home site along Oleander Avenue. The Public Works Department has already acquired three (16 acres) ofthe fourteen parcels at a cost of $227,895 and has ordered appraisals on a fourth for the construction of a stormwater management area. Acquisition of the remaining parcels will allow for the construction of a stormwater park within areas already containing exotic plant species and the protection of native upland plant communities and for the acquisition of additional lands identified within the North Fork ESL project. The proposed project contains three native vegetative communities (Mesic Flatwoods, Hydric Hammock and Floodplain Swamp). The adjacent to lands owned by the South Florida Water Management District and/or along the North Fork waterway. The site is across the waterway from the Ox Bow Environmental Learning Center and in close \w 'WI July 8, 2002 Page 2 Subject: Florida Communities Trust Application North Fork of the St. Lucie River Phase Three proximity to Idabelle Island, both existing Environmentally Significant Lands projects. Acquisition of the project lands will extend existing public lands and provide additional amenities along the North Fork of the St. Lucie River Greenway corridor. In addition, the stormwater park will be constructed to provide water storage and water quality treatment to an 80 acre basin that currently outfalls directly into the North Fork of the St. Lucie River without treatment. The stormwater park will reduce flooding in the adjacent residential neighborhood and provide recreation facilities, as well as cleanse waters prior to their reaching the North Fork of the St. Lucie River. Recreational improvements will include a small unpaved parking area, nature trails, a canoe dock and bike stands. Other improvements will include fencing and exotic removal. Staff recommends the Board authorize staff to submit the North Fork of the St. Lucie River Phase Three grant application to Florida Communities Trust on behalf of the County Commission. cc: County Administrator Press/Public '-' 'wi __z 'ò" o ¡:, ¡;:. ~ I, ¡II. I ~'~\'o. i'- I t , 1· ! i'; ~ , 'l it. l' ~ I -iH " j" II~ ~ ~ ~. !JII~d ,fl d 0) ..c..... -+-'0) c·> a: ~ 0·0) LLü :::J ..c-1 t...... OCf) Z \\C, \'0- 0- þ.'- H ~ ä: .~ I "0 I .£ I I I I I I ;?;- c ::> o Ü c It: m ~ "" ....., ""- I I I I I I I I I I I I I I I I I I I I I I I I I I I I -.... "" "" I Æ I " I , ,~ """- ~ IICI-o ~rN~l ~;; .) I f ~"':>::-j , Æ¡uno:¡ aeqo40aa)o . . '-' ..., , '-' ...,., Agenda Request Item Number Date: c - ð'f July 16, 2002 Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ SUBJECT: BACKGROUND: Indrio Scrub Phase Two Florida Communities Trus rant Appli ion The proposed Florida Communities Trust grant application requests 50% funding ($250,000) towards the estimated $500.000 costs to acquire 9 acres along the Atlantic Coastal Ridge in northern St. Lucie County. The County's $250,000 (50%) match will be provided from the Environmentally Significant Lands. irector To: Submitted By: Board of County Commissioners Community Development On June 20, 2002 the Land Acquisition Selection Committee recommended the Board of County Commissioners submit the proposed grant application to acquire the project lands and manage the lands in conjunction with the adjacent 9.32-acre St. Lucie Village Florida Communities Trust project. The two projects contain approximately 18 acres of scrub and xeric hammock along the Atlantic Coastal Ridge that will be designed and managed as one project. FUNDS AVAILABLE: Funds are available in the Environmental Lands Bond Fund (382-3915- 599330-300). N/A PREVIOUS ACTION: RECOMMENDATION: Authorize staff to submit the Indrio Scrub Phase Two grant application to Florida Communities Trust on behalf of the Bo of County Commissioners. ~ Coordinationl Signatur Mgt. & Budget: Env.Resou~es: \~j Douglas M. Anderson County Administrator COMMISSION ACTION: [i] APPROVED D DENIED o OTHER 4-0 Conn. Coward absent stepped out of room. County Attomey Originating Depl.: Finance: Purchasing: Other: (AGEND595a) "'. 'WfI# ~ COUNTY COMMISSION REVIEW: July 16, 2002 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: July 8,2002 Subject: Request for authorization to submit the Indrio Scrub Phase Two grant application to Florida Communities Trust on behalf of the Board of County Commissioners. The Indrio Scrub Phase Two project is a continuation of efforts to protect scrub habitat along the Atlantic Coastal Ridge. The proposed project lands include approximately 9 acres adjacent to a 9.32-acre parcel the St. Lucie Village Board of Alderman have approved for purchase though Florida Communities Trust. The parcels require separate applications because of the Village's ability to apply for 100% funding through the Florida Communities Trust program. However, the two projects will be designed and managed as one project. The proposed grant application requests $250,000 (50%) of the $500,000 in total estimated costs to acquire 9 acres located about .5 mile south of Indrio Road. The County's share of the project costs, $250,000 (50%), will be provided from the Environmentally Significant Lands Fund. The project will further conservation and efforts in northern St. Lucie County through the protection of scrub along the Atlantic Coastal Ridge. The proposed project contains two native vegetative communities (Scrub and Xeric hammock). To protect and enhance the native plant community's exotic plant species will be removed and fencing will be installed. Recreational improvements on the project lands will include a small-unpaved parking area and nature trails with interpretive signage. Staff recommends the Board authorize staff to submit the Indrio Scrub Phase Two grant application to Florida Communities Trust on behalf of the County Commission. cc: County Administrator Press/Public '-" C\J <D en ctl ..c a.. ..0 :J ..... Ü en o 'C "'0 c .i?:- t: :J 8 ~ ä: æ 'is .£ ...". _z ca" 0(. f . III ¡ ,\ j HI ~¡' S II! i ~t ! ~ {'i ~ , ~ ~ il. 0 1; ~ I -ill . \(! J ~ IJ:1 ~ À, II II U \~ "Ii fll \\c " I" ¡>,\ ..i?:- t: :J o Ü t: :e '" :2' ~. ,j - ... 1 i ! t 1 .~ '"-- J llWuoar.> "~·'21 ~ f " ..\ I<~'~J .0 I I I I I I I / I I Ñunoo aaqo4oae~o ~.